Assembly Bill No. 259–Assemblymen Lee, Giunchigliani, Arberry, Goldwater, Thomas, Berman, Chowning, Dini, Perkins, Neighbors, Carpenter, Segerblom, Gibbons, Buckley, Hettrick, Humke, Gustavson, Angle, Claborn, McClain, Koivisto, Tiffany, Freeman, Bache, Anderson, Williams, Parks, Manendo, Collins, Ohrenschall and Price
February 16, 1999
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Referred to Committee on Commerce and Labor
SUMMARY—Makes various changes concerning state contractors’ board. (BDR 54-350)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. Chapter 624 of NRS is hereby amended by adding thereto1-2
the provisions set forth as sections 2 and 3 of this act.1-3
Sec. 2. 1. The board may adopt such reasonable bylaws, rules of1-4
procedure and regulations as are necessary to carry out the provisions of1-5
this chapter.1-6
2. In addition to complying with the procedure set forth in chapter1-7
233B of NRS, at least 60 days before the hearing for a proposed bylaw,1-8
rule or regulation, the board shall make a good-faith effort to mail to1-9
each person licensed pursuant to this chapter, to the address shown in1-10
the records of the board for that person:1-11
(a) A copy of the proposed bylaw, rule or regulation; and1-12
(b) A notice that sets forth the date, time and place of the hearing for1-13
the proposed bylaw, rule or regulation.1-14
If the board fails to make such an effort, the bylaw, rule or regulation is1-15
not effective.2-1
Sec. 3. On or before September 1 of each even-numbered year, the2-2
board shall:2-3
1. Prepare a written report concerning the activity engaged in by the2-4
board pursuant to the provisions of this chapter during the preceding2-5
biennium; and2-6
2. Submit the report to the governor and to the director of the2-7
legislative counsel bureau for transmittal to the next regular session of2-8
the Nevada legislature.2-9
Sec. 4. NRS 624.050 is hereby amended to read as follows:2-10
624.050 1.2-11
2-12
(a) Four members who operate as general contractors and one2-13
member who operates exclusively as a subcontractor, each of whom at2-14
the time of his appointment2-15
(1) Holds an unexpired license to operate as a contractor2-16
2-17
(2) Has been a contractor actively engaged in the contracting2-18
business2-19
immediately preceding2-20
2-21
(3) Has been a citizen and resident of the State of Nevada for2-22
2-23
2-24
chapter 623 of NRS or a professional engineer licensed pursuant to2-25
chapter 625 of NRS.2-26
(c) One member2-27
general public.2-28
2. A member shall serve for a term of 4 years or until his successor2-29
has been appointed. A member may not serve for more than two2-30
consecutive terms of any length.2-31
Sec. 5. NRS 624.100 is hereby amended to read as follows: 624.100 1. The board may appoint such committees2-33
2-34
carry out the provisions of this chapter.2-35
2. The board may establish advisory committees composed of its2-36
members or employees, homeowners, contractors or other qualified persons2-37
to provide assistance with respect to fraud in construction, or in any other2-38
area that the board considers necessary.2-39
3. If the board establishes an advisory committee, the board shall:2-40
(a) Select five members for the committee from a list of volunteers2-41
approved by the board; and2-42
(b) Adopt rules of procedure for informal conferences of the committee.2-43
4. If the board establishes an advisory committee, the members:3-1
(a) Serve at the pleasure of the board.3-2
(b) Serve without compensation, but must be reimbursed for travel3-3
expenses necessarily incurred in the performance of their duties. The rate3-4
must not exceed the rate provided for state officers and employees3-5
generally.3-6
(c) Shall provide a written summary report to the board, within 15 days3-7
after the final informal conference of the committee, that includes3-8
recommendations with respect to actions that are necessary to reduce and3-9
prevent the occurrence of fraud in construction, or on such other issues as3-10
requested by the board.3-11
5. The board is not bound by any recommendation made by an3-12
advisory committee.3-13
Sec. 6. NRS 624.115 is hereby amended to read as follows: 624.115 1. The board shall employ at least one person to receive3-15
and facilitate the resolution of complaints from the general public.3-16
2. The board may employ attorneys, investigators and other3-17
professional consultants and clerical personnel necessary to the discharge3-18
of its duties.3-19
3-20
qualifications of an investigator.3-21
4. The board may require investigators who are employed by the board3-22
to locate persons who:3-23
(a) Engage in the business or act in the capacity of a contractor within3-24
this state; or3-25
(b) Submit bids on jobs situated within this state,3-26
in violation of NRS 624.230.3-27
Sec. 7. NRS 624.160 is hereby amended to read as follows: 624.160 1. The board is vested with all of the functions and duties3-29
relating to the administration of this chapter.3-30
2. The board shall:3-31
(a) Carry out a program of education for customers of contractors.3-32
(b) Maintain and make known a telephone number for the public to3-33
obtain information about self-protection from fraud in construction and3-34
other information concerning contractors and contracting.3-35
(c) Review and, as necessary, investigate in a timely manner each3-36
complaint received from the general public.3-37
3. The board may provide advisory opinions and take other actions that3-38
are necessary for the effective administration of this chapter and the3-39
regulations of the board.3-40
Sec. 8. 1. Except as otherwise provided in subsection 3, the terms of3-41
office of all members of the state contractors’ board who are serving on3-42
October 30, 1999, expire upon the commencement of the terms of their3-43
successors appointed pursuant to subsection 2. A member of the board may4-1
be appointed to succeed himself if he is qualified pursuant to NRS 624.0504-2
as amended by this act. For the purposes of subsection 2 of NRS 624.0504-3
as amended by this act, the term of office for each member in office on4-4
January 1, 2001, shall be deemed his first term of office.4-5
2. On or before October 31, 1999, the governor shall appoint members4-6
to the state contractors’ board as follows:4-7
(a) Three members who are qualified as general contractors pursuant to4-8
paragraph (a) of subsection 1 of NRS 624.050 as amended by this act,4-9
whose terms of office commence on October 31, 1999, and expire on4-10
October 30, 2002.4-11
(b) One member who qualifies as a subcontractor pursuant to paragraph4-12
(a) of subsection 1 of NRS 624.050 as amended by this act, whose term of4-13
office commences on October 31, 1999, and expires on October 30, 2004.4-14
(c) One member who qualifies as an architect or professional engineer4-15
pursuant to paragraph (b) of subsection 1 of NRS 624.050 as amended by4-16
this act, whose term of office commences on October 31, 1999, and expires4-17
on October 30, 2002.4-18
3. The contractor previously appointed pursuant to NRS 624.0504-19
whose term expires on October 30, 2000, and the representative of the4-20
public previously appointed pursuant to NRS 624.050 whose term expires4-21
on October 30, 2000, shall serve out the remainder of their terms.4-22
4. After the expiration of the terms of office set forth in subsections 24-23
and 3, the new or reappointed members of the state contractors’ board serve4-24
for a term of 4 years or until their successors have been appointed, as4-25
required by subsection 2 of NRS 624.050 as amended by this act.4-26
Sec. 9. 1. This section and sections 1, 2, 3 and 5 to 8, inclusive, of4-27
this act become effective on July 1, 1999.4-28
2. Section 4 of this act becomes effective on October 31, 1999.~