Conference Committee Amendment to Assembly Bill No. 634 Second Reprint (BDR 54-762)
Proposed by: First Conference Committee
Amendment Box: Resolves conflict with A.B. No. 633, A.B. No. 636 and S.B. No. 32. Makes substantive changes.
Resolves Conflicts with: AB633, AB636, SB32
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. 19, page 8, line 17, by deleting "may" and inserting "shall".
Amend sec. 19, page 8, line 23, by deleting "may" and inserting "shall".
Amend sec. 19, page 8, line 30, by deleting:
"limit, if any," and inserting "limit".
Amend sec. 19, page 8, by deleting line 32 and inserting:
"
Amend sec. 19, page 8, line 33, after "3." by inserting:
"A licensed contractor may request that the board increase the monetary limit on his license, either on a permanent basis or for a single construction project. A request submitted to the board pursuant to this subsection must be in writing on a form prescribed by the board and accompanied by such supporting documentation as the board may require. If a request submitted pursuant to this section is for a single construction project, the request must be submitted to the board at least 2 working days before the date on which the licensed contractor intends to submit his bid for the project.
4.".
Amend the bill as a whole by deleting sec. 22 and adding:
"Sec. 22. (Deleted by amendment.)".
Amend sec. 24, page 12, line 17, after "license" by inserting:
"or a licensed contractor".
Amend sec. 24, page 12, line 18, by deleting "
Amend sec. 24, page 12, line 19, after "applicant" by inserting:
"or licensed contractor,".
Amend sec. 24, page 12, line 20, by deleting "thereof" and inserting "thereof,".
Amend sec. 24, page 12, by deleting lines 21 and 22 and inserting:
"
Amend sec. 24, page 12, line 25, by deleting "
nolo contendere," and inserting "nolo contendere,".Amend sec. 24, page 12, line 26, by deleting "
Amend sec. 24, page 12, line 31, after "revoked" by inserting "or suspended".
Amend sec. 24, page 12, line 32, after "granting" by inserting "or renewal".
Amend sec. 25, page 13, by deleting lines 34 and 35 and inserting:
"the bond or deposit. No action may be commenced on".
Amend sec. 25, page 13, by deleting lines 37 through 42 and inserting:
"action is based. 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 14, by deleting line 16 and inserting:
"all claimants upon the bond or deposit. If an action for interpleader is commenced, the surety or the board must serve each known claimant and publish notice".
Amend sec. 25, page 14, line 19, by deleting:
"
Amend sec. 25, page 14, line 20, by deleting:
"
Amend sec. 25, page 14, by deleting lines 21 and 22 and inserting:
"the bond. 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 deleting sec. 25.5 and adding:
"Sec. 25.5. (Deleted by amendment.)".
Amend sec. 28, page 17, by deleting line 20 and inserting:
"
Amend sec. 28, page 17, by deleting line 24 and inserting:
"
Amend the bill as a whole by renumbering sec. 39 as sec. 40 and adding a new section designated sec. 39, following sec. 38, to read as follows:
"Sec. 39. Sections 18, 19 and 20 of Assembly Bill No. 636 of this session are hereby amended to read as follows:
Sec. 18. NRS 624.283 is hereby amended to read as follows:
624.283 1. Each license issued under the provisions of this chapter expires 1 year after the date on which it is issued, except that the board may by regulation prescribe shorter or longer periods and prorated fees to establish a system of staggered renewals. Any license which is not renewed on or before the date for renewal is automatically suspended.
2. A license may be renewed by submitting to the board:
(a) An application for renewal;
(b) The statement required pursuant to NRS 624.268 if the holder of the license is a natural person;
(c) The fee for renewal fixed by the board
(d) Any assessment required pursuant to section 9 of this act if the holder of the license is a residential contractor as defined in section 7 of this act.
3. The board may require a licensee to demonstrate his financial responsibility at any time through the submission of:
(a) A financial statement that is prepared by an independent certified public accountant; and
(b) If the licensee performs residential construction, such additional documentation as the board deems appropriate.
4. If a license is automatically suspended pursuant to subsection 1, the licensee may have his license reinstated upon filing an application for renewal within 6 months after the date of suspension and paying, in addition to the fee for renewal, a fee for reinstatement fixed by the board, if he is otherwise in good standing and there are no complaints pending against him. If he is otherwise not in good standing or there is a complaint pending, the board shall require him to provide a current financial statement prepared by an independent certified public accountant or establish other conditions for reinstatement. If the licensee is a natural person, his application for renewal must be accompanied by the statement required pursuant to NRS 624.268. A license which is not reinstated within 6 months after it is automatically suspended may be canceled by the board, and a new license may be issued only upon application for an original contractor’s license.
Sec. 19. NRS 624.300 is hereby amended to read as follows:
624.300 1. Except as otherwise provided in subsection 3, the board may:
(a) Suspend or revoke licenses already issued;
(b) Refuse renewals of licenses;
(c) Impose limits on the field, scope and monetary limit of the license;
(d) Impose an administrative fine of not more than $10,000;
(e) Order a licensee to repay to the account established pursuant to section 9 of this act, any amount paid out of the account pursuant to section 13 of this act as a result of an act or omission of that licensee;
(f) Order the licensee to take action to correct a condition resulting from an act which constitutes a cause for disciplinary action, at the licensee’s cost, that may consist of requiring the licensee to:
(1) Perform the corrective work himself;
(2) Hire and pay another licensee to perform the corrective work; or
(3) Pay to the owner of the construction project a specified sum to correct the condition; or
[(f)] (g) Reprimand or take other less severe disciplinary action, including, without limitation, increasing the amount of the surety bond or cash deposit of the licensee,
if the licensee commits any act which constitutes a cause for disciplinary action.
2. If the board suspends or revokes the license of a contractor for failure to establish financial responsibility, the board may, in addition to any other conditions for reinstating or renewing the license, require that each contract undertaken by the licensee for a period to be designated by the board, not to exceed 12 months, be separately covered by a bond or bonds approved by the board and conditioned upon the performance of and the payment of labor and materials required by the contract.
3. If a licensee violates the provisions of NRS 624.3014 or subsection 3 of NRS 624.3015, the board may impose an administrative fine of not more than $20,000.
4. If a licensee commits a fraudulent act which is a cause for disciplinary action under NRS 624.3016, the correction of any condition resulting from the act does not preclude the board from taking disciplinary action.
5. If the board finds that a licensee has engaged in repeated acts that would be cause for disciplinary action, the correction of any resulting conditions does not preclude the board from taking disciplinary action pursuant to this section.
6. The expiration of a license by operation of law or by order or decision of the board or a court, or the voluntary surrender of a license by a licensee, does not deprive the board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.
7. If discipline is imposed pursuant to this section, including any discipline imposed pursuant to a stipulated settlement, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the board.
Sec. 20. NRS 624.3016 is hereby amended to read as follows:
624.3016 The following acts or omissions, among others, constitute cause for disciplinary action under NRS 624.300:
1. Any fraudulent or deceitful act committed in the capacity of a contractor.
2. A conviction of a violation of section 12 of Assembly Bill No. 634 of this [act] session or a felony or a crime involving moral turpitude.
3. Knowingly making a false statement in or relating to the recording of a notice of lien pursuant to the provisions of NRS 108.226.
4. Failure to give a notice required by NRS 108.245 or 108.246.
5. Failure to comply with NRS 597.713, 597.716 or 597.719 or any regulations of the board governing contracts for the construction of residential pools and spas.
6. Failure to comply with NRS 624.321.
7. Misrepresentation or the omission of a material fact, or the commission of any other fraudulent or deceitful act, to obtain a license.
8. Failure to pay an assessment required pursuant to section 9 of this act.
".Amend the bill as a whole by adding a new section designated sec. 41, following sec. 39, to read as follows:
"Sec. 41. This act becomes effective at 12:01 a.m. on October 1, 1999.".