Assembly Bill No. 633–Committee on Commerce and Labor

(On Behalf of Contractors’ Board)

March 22, 1999

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Referred to Committee on Commerce and Labor

 

SUMMARY—Makes various changes to provisions concerning contractors. (BDR 54-761)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to contractors; establishing a program for the issuance of a license in an expedited manner; establishing a fee; establishing an inactive status for a contractor’s license; authorizing the state contractors’ board to prescribe a fee; increasing the amount of certain fees that the board may charge; providing for notification to the board by a surety within a certain time after an action is commenced by or against the surety; providing for service of process and notice of certain actions; amending certain requirements for a hearing if the board summarily suspends the license of a contractor; and providing other matters properly relating thereto.

 

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 thereto

1-2 the provisions set forth as sections 2, 3 and 4 of this act.

1-3 Sec. 2. The board may establish a program for the issuance of a

1-4 license in an expedited manner. The board shall not allow the operation

1-5 of the program for the issuance of a license in an expedited manner to

1-6 affect adversely the amount of time the board requires to issue any other

1-7 contractor’s license.

1-8 Sec. 3. 1. If an applicant wishes to have his license issued in an

1-9 expedited manner, he must pay a fee for an application equal to four

1-10 times the amount of the fee regularly paid for an application pursuant to

1-11 subsection 1 of NRS 624.280.

1-12 2. The applicant who wishes to have his license issued in an

1-13 expedited manner must pay one-half of the fee required pursuant to

2-1 subsection 1 when he submits the application and the other one-half of

2-2 the fee when the board issues the license.

2-3 Sec. 4. 1. A contractor may apply to the board to have his license

2-4 be placed on inactive status on a form provided by the board. The board

2-5 may grant the application if the applicant is in good standing and has

2-6 met all requirements for the issuance or renewal of a contractor’s license

2-7 as of the date of the application.

2-8 2. If the application is granted, the applicant shall not engage in any

2-9 work or activities that require a contractor’s license in this state unless he

2-10 is returned to active status.

2-11 3. A person whose license has been placed on inactive status

2-12 pursuant to this section is exempt from:

2-13 (a) The requirement to execute a bond pursuant to NRS 624. 270; and

2-14 (b) The requirement to qualify in regard to his experience and

2-15 knowledge pursuant to NRS 624.260.

2-16 4. The inactive status of a license is valid for 5 years after the date

2-17 that the inactive status is granted.

2-18 5. The board shall not refund any portion of the renewal fee of a

2-19 contractor’s license that was paid before the license was placed on

2-20 inactive status.

2-21 6. The board shall adopt regulations prescribing the:

2-22 (a) Procedures for making an application pursuant to this section;

2-23 (b) Procedures and terms upon which a person whose license has

2-24 been placed on inactive status may resume work or activities that require

2-25 a contractor’s license; and

2-26 (c) Fees for the renewal of the inactive status of a license.

2-27 Sec. 5. NRS 624.273 is hereby amended to read as follows:

2-28 624.273 1. Each bond or deposit required by NRS 624.270 must be

2-29 in favor of the State of Nevada for the benefit of any person who:

2-30 (a) As owner of the property to be improved entered into a construction

2-31 contract with the contractor and is damaged by failure of the contractor to

2-32 perform the contract or to remove liens filed against the property;

2-33 (b) As an employee of the contractor performed labor on or about the

2-34 site of the construction covered by the contract;

2-35 (c) As a supplier or materialman furnished materials or equipment for

2-36 the construction covered by the contract; or

2-37 (d) Is injured by any unlawful act or omission of the contractor in the

2-38 performance of a contract.

2-39 2. Any person claiming against the bond or deposit may bring an

2-40 action in a court of competent jurisdiction on the bond or against the board

2-41 on the deposit for the amount of damage he has suffered to the extent

2-42 covered by the bond or deposit. [A person who brings action on a bond

2-43 shall notify the board in writing upon filing the action.] No action may be

3-1 commenced on the bond or deposit 2 years after the commission of the act

3-2 on which the action is based. If an action is commenced on the bond, the

3-3 surety that executed the bond shall notify the board of the action within

3-4 30 days after the date that:

3-5 (a) The surety is served with a complaint and summons; or

3-6 (b) The action is commenced,

3-7 whichever occurs first.

3-8 3. Upon receiving a request from a person for whose benefit a bond or

3-9 deposit is required, the board shall notify him that:

3-10 (a) A bond is in effect or that a deposit has been made, and the amount

3-11 of either;

3-12 (b) There is an action against a bond, if that is the case, and the court,

3-13 the title and number of the action and the amount sought by the plaintiff;

3-14 and

3-15 (c) There is an action against the board, if that is the case, and the

3-16 amount sought by the plaintiff.

3-17 4. If a surety, or in the case of a deposit, the board, desires to make

3-18 payment without awaiting court action, the amount of the bond or deposit

3-19 must be reduced to the extent of any payment made by the surety or the

3-20 board in good faith under the bond or deposit. Any payment must be based

3-21 on written claims received by the surety or board before the court action.

3-22 5. The surety or the board may bring an action for interpleader against

3-23 all claimants upon the bond or deposit. If [it does so, it must] an action for

3-24 interpleader is commenced, the surety or the board must serve each

3-25 known claimant and publish notice of the action at least once each week

3-26 for 2 weeks in a newspaper of general circulation in the county where the

3-27 contractor has his principal place of business. The surety [or the board] is

3-28 entitled to deduct its costs of the action, including [attorney’s fees and]

3-29 publication, from its liability under the bond . [or] The board is entitled to

3-30 deduct its costs of the action, including attorney’s fees and publication,

3-31 from the deposit.

3-32 6. A claim of any employee of the contractor for labor is a preferred

3-33 claim against a bond or deposit. If any bond or deposit is insufficient to

3-34 pay all claims for labor in full, the sum recovered must be distributed

3-35 among all claimants for labor in proportion to the amounts of their

3-36 respective claims. Partial payment of claims is not full payment, and the

3-37 claimants may bring actions against the contractor for the unpaid balances.

3-38 7. Claims, other than claims for labor, against a bond or deposit have

3-39 equal priority, except where otherwise provided by law, and if the bond or

3-40 deposit is insufficient to pay all of those claims in full, they must be paid

3-41 pro rata. Partial payment of claims is not full payment, and the claimants

3-42 may bring actions against the contractor for the unpaid balances.

4-1 Sec. 6. NRS 624.280 is hereby amended to read as follows:

4-2 624.280 The board may adopt regulations fixing the fee for an

4-3 application, the fee for an examination and the annual fee for a license to

4-4 be paid by applicants and licensees . [, but no such fee may] The fee for:

4-5 1. An application must not exceed $700.

4-6 2. A license must not exceed $500 annually.

4-7 3. An examination must not exceed $300.

4-8 Sec. 7. NRS 624.3015 is hereby amended to read as follows:

4-9 624.3015 The following acts, among others, constitute cause for

4-10 disciplinary action under NRS 624.300:

4-11 1. Acting in the capacity of a contractor beyond the scope of the

4-12 license.

4-13 2. Bidding to contract or contracting for a sum for one construction

4-14 contract or project in excess of the limit placed on the license by the board.

4-15 3. Knowingly entering into a contract with a contractor while that

4-16 contractor is not licensed, or bidding to contract or entering into a contract

4-17 with a contractor for work in excess of his limit or beyond the scope of his

4-18 license.

4-19 4. Constructing or repairing a mobile home, manufactured home or

4-20 commercial coach, unless the contractor:

4-21 (a) Is licensed pursuant to NRS 489.311; or

4-22 (b) Owns, leases or rents the mobile home, manufactured home or

4-23 commercial coach.

4-24 5. Engaging in any work or activities that require a contractor’s

4-25 license while the license is placed on inactive status pursuant to section 4

4-26 of this act.

4-27 Sec. 8. NRS 624.310 is hereby amended to read as follows:

4-28 624.310 1. Except as otherwise provided in subsection 4, if the board

4-29 refuses to issue or renew a license, suspends or revokes a license or

4-30 imposes an administrative fine pursuant to NRS 624.235, the board shall

4-31 hold a hearing. The time and place for the hearing must be fixed by the

4-32 board, and notice of the time and place of the hearing must be personally

4-33 served on the applicant or accused or mailed to the last known address of

4-34 the applicant or accused at least 30 days before the date fixed for the

4-35 hearing.

4-36 2. The testimony taken pursuant to NRS 624.170 to 624.210,

4-37 inclusive, must be considered a part of the record of the hearing before the

4-38 board.

4-39 3. The hearing must be public if a request is made therefor.

4-40 4. The board may suspend the license of a contractor without a hearing

4-41 if the board finds, based upon evidence in its possession, that the public

4-42 health, safety or welfare imperatively requires summary suspension of the

4-43 license of the contractor and incorporates that finding in its order. If the

5-1 board summarily suspends the license of the contractor, [a] the board must

5-2 notify the contractor by certified mail. A hearing must be held within 30

5-3 days after the suspension [.] if the contractor submits a written request for

5-4 a hearing to the board within 20 days after the board summarily

5-5 suspends his license.

5-6 Sec. 9. This act becomes effective upon passage and approval.

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