Amendment No. 876

Senate Amendment to Assembly Bill No. 634 First Reprint (BDR 54-762)

Proposed by: Committee on Commerce and Labor

Amendment Box:

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend sec. 2, page 1, line 4, by deleting:

"a special investigations unit" and inserting:

"an investigations office".

Amend sec. 2, page 1, by deleting lines 5 and 6 and inserting:

"this chapter. The investigations office must include a special investigations unit consisting of criminal investigators and a compliance investigations unit consisting of compliance investigators.".

Amend sec. 2, page 1, line 10, by deleting "employed" and inserting "authorized".

Amend sec. 3, page 1, line 11, by deleting:

"special investigations unit" and inserting "investigations office".

Amend sec. 3, page 2, line 8, by deleting:

"special investigations unit" and inserting "investigations office".

Amend sec. 3, page 2, by deleting lines 14 and 15 and inserting:

"of the board, or if the board or the investigations office is unable to resolve the".

Amend sec. 3, page 2, line 16, by deleting the comma.

Amend sec. 3, page 2, by deleting lines 21 and 22 and inserting:

"effective in resolving the complaint; and".

Amend sec. 3, page 2, line 25, by deleting:

"complaint to the satisfaction of that person." and inserting "complaint.".

Amend sec. 4, page 2, line 26, by deleting:

"executive officer of the board," and inserting:

"board or its designee,".

Amend sec. 4, page 2, line 27, by deleting:

"evidence in his possession," and inserting "evidence,".

Amend sec. 4, page 2, line 30, by deleting "he" and inserting:

"the board or its designee, as appropriate,".

Amend sec. 4, page 2, line 38, by deleting:

"licensee or applicant." and inserting "complaint.".

Amend sec. 4, page 2, line 42, after "15" by inserting "business".

Amend sec. 6, page 3, by deleting line 16, and inserting:

"citation within 15 business days after the date on which the citation is served on the licensee or applicant.".

Amend sec. 6, page 3, line 29, after "15" by inserting "business".

Amend sec. 6, page 3, by deleting line 30 and inserting:

"after the date on which the citation is served on the licensee or applicant, or on or before such later date as specified by the board pursuant to subsection 4, the citation shall be deemed a".

Amend sec. 6, page 3, between lines 33 and 34, by inserting:

"5. For the purposes of this section, a citation shall be deemed to have been served on a licensee or an applicant on:

(a) The date on which the citation is personally delivered to the licensee or applicant; or

(b) If the citation is mailed, the date on which the citation is mailed by certified mail to the last known business or residential address of the licensee or applicant.".

Amend sec. 7, page 3, line 36, after "15" by inserting "business".

Amend sec. 7, page 3, line 37, after "order," by inserting:

"or on or before such later date as specified by the board pursuant to subsection 4 of section 6 of this act,".

Amend sec. 8, page 3, by deleting line 39 and inserting:

"Sec. 8. 1. On or before September 1 of each even-numbered year, the board or its designee shall:".

Amend sec. 8, page 4, by deleting lines 1 through 4 and inserting:

"(b) Prepare a written summary that identifies potential difficulties in the regulation of contractors and".

Amend sec. 8, page 4, line 6, by deleting "(d)" and inserting "(c)".

Amend sec. 8, page 4, by deleting lines 8 and 9 and inserting:

"(2) The director of the legislative counsel bureau for transmittal to the next regular session of the legislature.".

Amend sec. 9, page 4, line 12, by deleting "1.".

Amend sec. 9, page 4, by deleting lines 18 through 22.

Amend sec. 10, page 4, line 26, after "the" by inserting "contractor’s".

Amend sec. 10, page 4, line 29, by deleting:

"15 days after the receipt of" and inserting:

"the time permitted for compliance set forth in".

Amend sec. 10, page 4, line 30, after "15" by inserting "business".

Amend sec. 10, page 4, after line 43, by inserting:

"5. Failure or refusal to respond to a written request from the board or its designee to cooperate in the investigation of a complaint.

6. Failure or refusal to comply with a written request by the board or its designee for information or records, or obstructing or delaying the providing of such information or records.".

Amend sec. 14, page 6, line 23, by deleting "license number" and inserting "license number,".

Amend sec. 14, page 6, line 29, by deleting:

"Obtaining a contractor’s license" and inserting:

"Possessing a contractor’s license issued".

Amend sec. 14, page 6, line 30, by deleting "Obtaining" and inserting "Possessing".

Amend sec. 19, page 8, by deleting lines 19 through 23 and inserting:

"consideration of the factors set forth in NRS 624.260, 624.263 and 624.265 [.] and section 9 of this act.

3. Nothing contained in this section prohibits a specialty contractor from taking".

Amend sec. 21, page 9, line 12, after "obtain" by inserting "or renew".

Amend sec. 21, page 9, line 22, by deleting "residential" and inserting "physical".

Amend sec. 23, page 11, between lines 28 and 29, by inserting:

"4. Before issuing a license to an applicant who will engage in residential construction or renewing the license of a contractor who engages in residential construction, the board shall require the applicant or licensee to establish his financial responsibility by submitting to the board:

(a) A financial statement prepared by a certified public accountant who is licensed pursuant to the provisions of chapter 628 of NRS; and

(b) A statement setting forth the number of building permits issued to and construction projects completed by the licensee during the immediately preceding year and any other information required by the board. The statement submitted pursuant to this paragraph must be provided on a form approved by the board.

5. In addition to the requirements set forth in subsection 4, the board may require a licensee to establish his financial responsibility at any time.

6. An applicant for an initial contractor’s license or a licensee applying for the renewal of a contractor’s license has the burden of demonstrating his financial responsibility to the board.".

Amend sec. 24, page 11, line 31, by deleting "shall" and inserting "[shall] must".

Amend sec. 25, page 13, by deleting lines 4 and 5 and inserting:

"the bond or deposit. [A person who brings action on a bond shall notify the board in writing upon filing the action.] No action may be commenced on".

Amend sec. 25, page 13, line 7, after "based." by inserting:

"If an action is commenced on the bond, the surety that executed the bond shall notify the board of the action within 30 days after the date that:

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

(b) The action is commenced,

whichever occurs first.".

Amend sec. 25, page 13, by deleting lines 26 through 28 and inserting:

"business. The surety [or the board] is entitled to deduct its costs of the action, including [attorney’s fees and] publication, from its liability under the bond . [or] The board is entitled to deduct its costs of the action, including attorney’s fees and publication, from the deposit.".

Amend the bill as a whole by adding a new section designated sec. 25.5, following sec. 25, to read as follows:

"Sec. 25.5. NRS 624.275 is hereby amended to read as follows:

624.275 1. [The] With respect to a surety bond that a licensed contractor maintains in accordance with NRS 624.270:

(a) The surety shall give prompt notice to the board of any claims paid against the bond of the licensed contractor.

(b) The surety may cancel the bond upon giving 60 days’ notice to the board and to the contractor by certified mail.

2. Upon receipt by the board of the notice described in paragraph (a) of subsection 1, the board shall immediately notify the contractor who is the principal on the bond that his license will be suspended or revoked unless he furnishes an equivalent bond or establishes an equivalent cash deposit before a date set by the board.

3. Upon receipt by the board of the notice [,] described in paragraph (b) of subsection 1, the board shall immediately notify the contractor who is the principal on the bond that his license will be suspended or revoked unless he furnishes an equivalent bond or establishes an equivalent cash deposit before the effective date of the cancellation.

4. The notice mailed to the contractor by the board pursuant to subsection 2 or 3 must be [by certified mail] addressed to his latest address of record in the office of the board.

[2.] 5. If the contractor does not comply with the requirements of the notice from the board, his license must be suspended or revoked on the date [the] :

(a) Set by the board, if the notice was provided to the contractor pursuant to subsection 2; or

(b) The bond is canceled [.] , if the notice was provided to the contractor pursuant to subsection 3.".

Amend sec. 38, page 20, by deleting line 30 and inserting:

"624.115, for the limited purpose of obtaining and exchanging information on persons who hold a contractor’s license or are applying for a contractor’s license.".

Amend sec. 39, page 20, line 32, by deleting:

"the effective date of this act." and inserting:

"October 1, 1999.".

Amend the bill as a whole by deleting sec. 40.

Amend the title of the bill, first and second lines, by deleting:

"and duties of a special investigations unit;" and inserting:

"of an investigations office by the state contractors’ board and prescribing its duties;".