Assembly Amendment to Assembly Bill No. 636 (BDR 54-1404)
Proposed by: Committee on Commerce and Labor
Amendment Box:
Amends: Summary: Title: Preamble: Joint Sponsorship:
ASSEMBLY ACTION
Initial and Date | SENATE ACTION Initial and DateAdopted Lost | Adopted Lost
Concurred In Not | Concurred In Not
Receded Not | Receded Not
Amend sec. 8, page 2, line 9, after "
means a" by inserting "natural".Amend sec. 9, page 2, by deleting lines 13 through 20 and inserting:
"Sec. 9.
1. Except as otherwise provided in subsection 3, in addition to the annual fee for a license required pursuant to NRS 624.280, a residential contractor shall pay to the board an annual assessment in the following amount, if the monetary limit on his license is:Not more than $50,000 $50
Not less than $50,001 or more than $250,000 250
Not less than $250,001 or more than $500,000 500
Not less than $500,001 or more than $750,000 750
Not less than $750,001 1,000
2. The board shall administer and account separately for the money received from the annual assessments collected pursuant to subsection 1. The board may refer to the money in the account as the "recovery fund."
3. The board shall suspend the collection of assessments pursuant to subsection 1 when the balance in the account reaches 150 percent of the largest balance in the account during the previous fiscal year.".
Amend sec. 9, page 2, line 21, by deleting "3." and inserting "4.".
Amend sec. 10, page 2, line 28, after "
of" by inserting:"
the discovery of".Amend sec. 13, page 3, by deleting lines 20 through 23 and inserting:
"
2. An injured person is not eligible for recovery from the account if:(a) The injured person is the spouse of the licensee, or a personal representative of the spouse of the licensee;
(b) The injured person was associated in a business relationship with the licensee other than the contract at issue; or
(c) At the time of contracting with the residential contractor, the license of the residential contractor was suspended or revoked pursuant to NRS 624.300.
".Amend sec. 13, page 3, lines 26 and 27, by deleting:
"
direct the treasurer of the board to".Amend sec. 13, page 3, between lines 34 and 35, by inserting:
"
5. If the injured person has recovered a portion of his loss from sources other than the account, the board shall deduct the amount recovered from the other sources from the amount payable upon the claim and direct the difference to be paid from the account.6. To the extent of payments made from the account, the board is subrogated to the rights of the injured person, including, without limitation, the right to collect from a surety bond or a cash bond. The board and the attorney general shall promptly enforce all subrogation claims.
7. The amount of recovery from the account based upon claims made against any single contractor must not exceed $200,000.
8. As used in this section, "actual damages" includes attorney’s fees or costs in contested cases appealed to the supreme court of this state. The term does not include any other attorney’s fees or costs.
".Amend sec. 14, page 3, by deleting line 36.
Amend sec. 14, page 3, line 37, by deleting "
(b)" and inserting "(a)".Amend sec. 14, page 4, line 1, by deleting "
(c)" and inserting "(b)".Amend sec. 14, page 4, line 4, by deleting "
(d)" and inserting "(c)".Amend sec. 14, page 4, line 10, by deleting:
"
direct its treasurer to".Amend sec. 15, page 4, by deleting line 17 and inserting:
"
the board shall collect an additional assessment from each residential".Amend sec. 15, page 4, line 18, by deleting "
fee" and inserting "assessment".Amend sec. 15, page 4, line 23, by deleting:
"
direct its treasurer to"."Sec. 15.5.
1. A residential contractor shall notify an owner with whom he contracts of the rights of the owner pursuant to sections 2 to 17, inclusive, of this act, including, without limitation, providing a written statement explaining those rights in any agreement or contract for qualified services. The written statement must be in substantially the following form:RESIDENTIAL CONSTRUCTION RECOVERY FUND
Payment may be available from the recovery fund if you are damaged financially by a project performed on your residence pursuant to a contract, including construction, remodeling, repair or other improvements, and the damage resulted from certain specified violations of Nevada law by a contractor licensed in this state. To obtain information relating to the recovery fund and filing a claim for recovery from the recovery fund, you may contact the State Contractors’ Board at the following locations:
State Contractors’ Board State Contractors’ Board
9670 Gateway Drive, Suite 100 4220 South Maryland Parkway, Suite 800D
Reno, Nevada 89509-8953 Las Vegas, Nevada 89119-7533
Telephone number: (775) 688-1141 Telephone number: (702) 486-1100
2. The board may impose upon a contractor an administrative fine:
(a) Of not more than $500 for the first violation of subsection 1; and
(b) Of not more than $1,000 for a second or subsequent violation of subsection 1.
3. The board shall deposit any money received pursuant to this section in the account established pursuant to section 9 of this act.
".Amend sec. 18, page 5, line 4, by deleting "
fees" and inserting "assessments".Amend sec. 20, page 6, line 42, by deleting "a fee" and inserting "an assessment".
Amend sec. 21, page 7, line 1, by deleting "section 9" and inserting:
"sections 1 and 9".
Amend sec. 21, page 7, line 3, by deleting "Sections 1" and inserting "Sections 2".
Amend the title of the bill by deleting the fourth and fifth lines and inserting:
"residential contractor to pay to the state contractors’ board an annual assessment; revising the provisions authorizing the".