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
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, 3 and 4 of this act.1-3
Sec. 2. The board may establish a program for the issuance of a1-4
license in an expedited manner. The board shall not allow the operation1-5
of the program for the issuance of a license in an expedited manner to1-6
affect adversely the amount of time the board requires to issue any other1-7
contractor’s license.2-1
Sec. 3. 1. If an applicant wishes to have his license issued in an2-2
expedited manner, he must pay a fee for an application equal to four2-3
times the amount of the fee regularly paid for an application pursuant to2-4
subsection 1 of NRS 624.280.2-5
2. The applicant who wishes to have his license issued in an2-6
expedited manner must pay one-half of the fee required pursuant to2-7
subsection 1 when he submits the application and the other one-half of2-8
the fee when the board issues the license.2-9
Sec. 4. 1. A contractor may apply to the board to have his license2-10
be placed on inactive status on a form provided by the board. The board2-11
may grant the application if the applicant is in good standing and has2-12
met all requirements for the issuance or renewal of a contractor’s license2-13
as of the date of the application.2-14
2. If the application is granted, the applicant shall not engage in any2-15
work or activities that require a contractor’s license in this state unless he2-16
is returned to active status.2-17
3. A person whose license has been placed on inactive status2-18
pursuant to this section is exempt from:2-19
(a) The requirement to execute a bond pursuant to NRS 624. 270; and2-20
(b) The requirement to qualify in regard to his experience and2-21
knowledge pursuant to NRS 624.260.2-22
4. The inactive status of a license is valid for 5 years after the date2-23
that the inactive status is granted.2-24
5. The board shall not refund any portion of the renewal fee of a2-25
contractor’s license that was paid before the license was placed on2-26
inactive status.2-27
6. The board shall adopt regulations prescribing the:2-28
(a) Procedures for making an application pursuant to this section;2-29
(b) Procedures and terms upon which a person whose license has2-30
been placed on inactive status may resume work or activities that require2-31
a contractor’s license; and2-32
(c) Fees for the renewal of the inactive status of a license.2-33
Sec. 5. NRS 624.120 is hereby amended to read as follows: 624.120 The board shall adopt a seal for its own use. The seal must2-35
have imprinted thereon the words "State Contractors’ Board, State of2-36
Nevada." The executive officer has the care and custody of the seal. A2-37
person shall not use, copy or reproduce the seal in any way not2-38
authorized by this chapter or the regulations of the board.2-39
Sec. 6. NRS 624.220 is hereby amended to read as follows: 624.220 1. The board may adopt regulations necessary to effect the2-41
classification and subclassification of contractors in a manner consistent2-42
with established usage and procedure as found in the construction business,3-1
and may limit the field and scope of the operations of a licensed contractor3-2
to those in which he is classified and qualified to engage as defined by NRS3-3
624.215 and the regulations of the board.3-4
2. The board3-5
a licensed contractor by establishing a monetary limit on a contractor’s3-6
license, and the limit must be the maximum contract a licensed contractor3-7
may undertake on one or more construction contracts on a single3-8
construction site or subdivision site for a single client. The board may take3-9
any other action designed to limit the field and scope of the operations of a3-10
contractor as may be necessary to protect the health, safety and general3-11
welfare of the public. The limit3-12
consideration of the factors set forth in NRS 624.260, 624.263 and 624.2653-13
3-14
assess or project the future financial solvency of the contractor.3-15
3. A licensed contractor may request that the board increase the3-16
monetary limit on his license, either on a permanent basis or for a single3-17
construction project. A request submitted to the board pursuant to this3-18
subsection must be in writing on a form prescribed by the board and3-19
accompanied by such supporting documentation as the board may3-20
require. If a request submitted pursuant to this section is for a single3-21
construction project, the request must be submitted to the board at least 23-22
working days before the date on which the contractor intends to submit3-23
his bid for the project.3-24
4. Nothing contained in this section prohibits a specialty contractor3-25
from taking and executing a contract involving the use of two or more3-26
crafts or trades, if the performance of the work in the crafts or trades, other3-27
than in which he is licensed, is incidental and supplemental to the3-28
performance of work in the craft for which the specialty contractor is3-29
licensed.3-30
Sec. 7. NRS 624.260 is hereby amended to read as follows: 624.260 1. The board shall require an applicant or licensed3-32
contractor to show such a degree of experience, financial responsibility3-33
and such general knowledge of the building, safety, health and lien laws of3-34
the State of Nevada and the3-35
contracting business as the board deems necessary for the safety and3-36
protection of the public.3-37
2. An applicant or licensed contractor may qualify in regard to his3-38
experience and knowledge in the following ways:3-39
(a) If a natural person, he may qualify by personal appearance or by the3-40
appearance of his responsible managing employee.3-41
(b) If a copartnership, a corporation or any other combination or3-42
organization, it may qualify by the appearance of the responsible managing3-43
officer or member of the personnel of the applicant firm.4-1
If an applicant or licensed contractor intends to qualify pursuant to this4-2
subsection by the appearance of another person, the applicant or licensed4-3
contractor shall submit to the board such information as the board4-4
determines is necessary to demonstrate the duties and responsibilities of4-5
the other person so appearing with respect to the supervision and control4-6
of the operations of the applicant relating to construction.4-7
3. The natural person qualifying on behalf of another natural person or4-8
firm under paragraphs (a) and (b) of subsection 2 must prove that he is a4-9
bona fide member or employee of that person or firm and when his4-10
principal or employer is actively engaged as a contractor shall exercise4-11
authority in connection with his principal or employer’s contracting4-12
business in the following manner:4-13
(a) To make technical and administrative decisions;4-14
(b) To hire, superintend, promote, transfer, lay off, discipline or4-15
discharge other employees and to direct them, either by himself or through4-16
others, or effectively to recommend such action on behalf of his principal4-17
or employer; and4-18
(c) To devote himself solely to his principal or employer’s business and4-19
not to take any other employment which would conflict with his duties4-20
under this subsection.4-21
4. A natural person may not qualify on behalf of another for more than4-22
one active license unless:4-23
(a) One person owns at least 25 percent of each licensee for which he4-24
qualifies; or4-25
(b) One licensee owns at least 25 percent of the other licensee.4-26
5. Except as otherwise provided in subsection 6, in addition to the4-27
other requirements set forth in this section, each applicant for licensure4-28
as a contractor must have had, within the 10 years immediately4-29
preceding the filing of his application for licensure, at least 4 years of4-30
experience as a journeyman, foreman, supervising employee or4-31
contractor in the specific classification in which he is applying for4-32
licensure. Training received in a program offered at an accredited4-33
college or university or an equivalent program approved by the board4-34
may be used to satisfy not more than 3 years of experience required4-35
pursuant to this subsection.4-36
6. If the applicant who is applying for licensure has previously4-37
qualified for a contractor’s license in the same classification in which he4-38
is applying for licensure, the experience required pursuant to subsection4-39
5 need not be accrued within the 10 years immediately preceding the4-40
application.4-41
7. As used in this section, "journeyman" means a person who:4-42
(a) Is fully qualified to perform, without supervision, work in the4-43
classification in which he is applying for licensure; or5-1
(b) Has successfully completed:5-2
(1) A program of apprenticeship for the classification in which he is5-3
applying for licensure that has been approved by the state apprenticeship5-4
council; or5-5
(2) An equivalent program approved by the board.5-6
Sec. 8. NRS 624.265 is hereby amended to read as follows: 624.265 An applicant for a contractor’s license or a licensed5-8
contractor and each officer, director, partner and associate thereof5-9
must possess good character. Lack of character may be established by5-10
showing that the applicant or licensed contractor, or any officer, director,5-11
partner or associate thereof , has:5-12
1. Committed any act which5-13
5-14
contractor’s license;5-15
2. A bad reputation for honesty and integrity;5-16
3. Entered a plea of nolo contendere, guilty or guilty but mentally ill5-17
to, been found guilty of or been convicted of a misdemeanor, felony or5-18
crime involving moral turpitude arising out of, in connection with or related5-19
to the activities of such person in such a manner as to demonstrate his5-20
unfitness to act as a contractor, and the time for appeal has elapsed or the5-21
judgment of conviction has been affirmed on appeal; or5-22
4. Had a license revoked or suspended for reasons that would preclude5-23
the granting or renewal of a license for which the application has been5-24
made.5-25
Sec. 9. NRS 624.273 is hereby amended to read as follows: 624.273 1. Each bond or deposit required by NRS 624.270 must be5-27
in favor of the State of Nevada for the benefit of any person who:5-28
(a) As owner of the property to be improved entered into a construction5-29
contract with the contractor and is damaged by failure of the contractor to5-30
perform the contract or to remove liens filed against the property;5-31
(b) As an employee of the contractor performed labor on or about the5-32
site of the construction covered by the contract;5-33
(c) As a supplier or materialman furnished materials or equipment for5-34
the construction covered by the contract; or5-35
(d) Is injured by any unlawful act or omission of the contractor in the5-36
performance of a contract.5-37
2. Any person claiming against the bond or deposit may bring an action5-38
in a court of competent jurisdiction on the bond or against the board on the5-39
deposit for the amount of damage he has suffered to the extent covered by5-40
the bond or deposit.5-41
5-42
the bond or deposit 2 years after the commission of the act on which the6-1
action is based. If an action is commenced on the bond, the surety that6-2
executed the bond shall notify the board of the action within 30 days6-3
after the date that:6-4
(a) The surety is served with a complaint and summons; or6-5
(b) The action is commenced,6-6
whichever occurs first.6-7
3. Upon receiving a request from a person for whose benefit a bond or6-8
deposit is required, the board shall notify him that:6-9
(a) A bond is in effect or that a deposit has been made, and the amount6-10
of either;6-11
(b) There is an action against a bond, if that is the case, and the court,6-12
the title and number of the action and the amount sought by the plaintiff;6-13
and6-14
(c) There is an action against the board, if that is the case, and the6-15
amount sought by the plaintiff.6-16
4. If a surety, or in the case of a deposit, the board, desires to make6-17
payment without awaiting court action, the amount of the bond or deposit6-18
must be reduced to the extent of any payment made by the surety or the6-19
board in good faith under the bond or deposit. Any payment must be based6-20
on written claims received by the surety or board before the court action.6-21
5. The surety or the board may bring an action for interpleader against6-22
all claimants upon the bond or deposit. If6-23
interpleader is commenced, the surety or the board must serve each6-24
known claimant and publish notice of the action at least once each week6-25
for 2 weeks in a newspaper of general circulation in the county where the6-26
contractor has his principal place of business. The surety6-27
entitled to deduct its costs of the action, including6-28
publication, from its liability under the bond .6-29
deduct its costs of the action, including attorney’s fees and publication,6-30
from the deposit.6-31
6. A claim of any employee of the contractor for labor is a preferred6-32
claim against a bond or deposit. If any bond or deposit is insufficient to pay6-33
all claims for labor in full, the sum recovered must be distributed among all6-34
claimants for labor in proportion to the amounts of their respective claims.6-35
Partial payment of claims is not full payment, and the claimants may bring6-36
actions against the contractor for the unpaid balances.6-37
7. Claims, other than claims for labor, against a bond or deposit have6-38
equal priority, except where otherwise provided by law, and if the bond or6-39
deposit is insufficient to pay all of those claims in full, they must be paid6-40
pro rata. Partial payment of claims is not full payment, and the claimants6-41
may bring actions against the contractor for the unpaid balances.7-1
Sec. 10. NRS 624.275 is hereby amended to read as follows: 624.275 1.7-3
contractor maintains in accordance with NRS 624.270:7-4
(a) The surety shall give prompt notice to the board of any claims paid7-5
against the bond of the licensed contractor.7-6
(b) The surety may cancel the bond upon giving 60 days’ notice to the7-7
board and to the contractor by certified mail.7-8
2. Upon receipt by the board of the notice described in paragraph (a)7-9
of subsection 1, the board shall immediately notify the contractor who is7-10
the principal on the bond that his license will be suspended or revoked7-11
unless he furnishes an equivalent bond or establishes an equivalent cash7-12
deposit before a date set by the board.7-13
3. Upon receipt by the board of the notice7-14
(b) of subsection 1, the board shall immediately notify the contractor who7-15
is the principal on the bond that his license will be suspended or revoked7-16
unless he furnishes an equivalent bond or establishes an equivalent cash7-17
deposit before the effective date of the cancellation.7-18
4. The notice mailed to the contractor by the board pursuant to7-19
subsection 2 or 3 must be7-20
of record in the office of the board.7-21
7-22
notice from the board, his license must be suspended or revoked on the date7-23
7-24
(a) Set by the board, if the notice was provided to the contractor7-25
pursuant to subsection 2; or7-26
(b) The bond is canceled7-27
contractor pursuant to subsection 3.7-28
Sec. 11. NRS 624.280 is hereby amended to read as follows: 624.280 The board may adopt regulations fixing the fee for an7-30
application, the fee for an examination and the annual fee for a license to be7-31
paid by applicants and licensees .7-32
1. An application must not exceed $550.7-33
2. A license must not exceed $450 annually.7-34
3. An examination must not exceed $300.7-35
Sec. 12. NRS 624.3015 is hereby amended to read as follows: 624.3015 The following acts, among others, constitute cause for7-37
disciplinary action under NRS 624.300:7-38
1. Acting in the capacity of a contractor beyond the scope of the7-39
license.7-40
2. Bidding to contract or contracting for a sum for one construction7-41
contract or project in excess of the limit placed on the license by the board.8-1
3. Knowingly entering into a contract with a contractor while that8-2
contractor is not licensed, or bidding to contract or entering into a contract8-3
with a contractor for work in excess of his limit or beyond the scope of his8-4
license.8-5
4. Constructing or repairing a mobile home, manufactured home or8-6
commercial coach, unless the contractor:8-7
(a) Is licensed pursuant to NRS 489.311; or8-8
(b) Owns, leases or rents the mobile home, manufactured home or8-9
commercial coach.8-10
5. Engaging in any work or activities that require a contractor’s8-11
license while the license is placed on inactive status pursuant to section 48-12
of this act.8-13
Sec. 13. NRS 624.310 is hereby amended to read as follows: 624.310 1. Except as otherwise provided in subsection 4, if the board8-15
refuses to issue or renew a license, suspends or revokes a license or8-16
imposes an administrative fine pursuant to NRS 624.235, the board shall8-17
hold a hearing. The time and place for the hearing must be fixed by the8-18
board, and notice of the time and place of the hearing must be personally8-19
served on the applicant or accused or mailed to the last known address of8-20
the applicant or accused at least 30 days before the date fixed for the8-21
hearing.8-22
2. The testimony taken pursuant to NRS 624.170 to 624.210, inclusive,8-23
must be considered a part of the record of the hearing before the board.8-24
3. The hearing must be public if a request is made therefor.8-25
4. The board may suspend the license of a contractor without a hearing8-26
if the board finds, based upon evidence in its possession, that the public8-27
health, safety or welfare imperatively requires summary suspension of the8-28
license of the contractor and incorporates that finding in its order. If the8-29
board summarily suspends the license of the contractor,8-30
notify the contractor by certified mail. A hearing must be held within 308-31
days after the suspension8-32
a hearing to the board within 20 days after the board summarily8-33
suspends his license.8-34
Sec. 14. This act becomes effective upon passage and approval.~