Amendment No. 666

 

Senate Amendment to Assembly Bill No. 190  First Reprint                                                (BDR 54‑406)

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 the bill as a whole by renumbering sections 1 through 7 as sections 6 through 12 and adding new sections designated sections 1 through 5, following the enacting clause, to read as follows:

     “Section 1.  Chapter 624 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

     Sec. 2.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 624.010, 624.020 and section 3 of this act have the meanings ascribed to them in those sections.

     Sec. 3.  “Knowingly” imports a knowledge that the facts exist which constitute the act or omission, and does not require knowledge of the prohibition against the act or omission. Knowledge of any particular fact may be inferred from the knowledge of such other facts as should put an ordinarily prudent person upon inquiry.

     Sec. 4. NRS 624.010 is hereby amended to read as follows:

     624.010  [As used in this chapter,] “Board” means the State Contractors’ Board.

     Sec. 5. NRS 624.020 is hereby amended to read as follows:

     624.020  [For the purposes of this chapter, unless the context otherwise requires:]

     1.  “Contractor” is synonymous with “builder.”

     2.  A contractor is any person, except a registered architect or a licensed professional engineer, acting solely in his professional capacity, who in any capacity other than as the employee of another with wages as the sole compensation, undertakes to, offers to undertake to, purports to have the capacity to undertake to, or submits a bid to, or does himself or by or through others, construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, railroad, excavation or other structure, project, development or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith. Evidence of the securing of any permit from a governmental agency or the employment of any person on a construction project must be accepted by the Board or any court of this state as prima facie evidence that the person securing that permit or employing any person on a construction project is acting in the capacity of a contractor pursuant to the provisions of this chapter.

     3.  A contractor includes a subcontractor or specialty contractor, but does not include anyone who merely furnishes materials or supplies without fabricating them into, or consuming them in the performance of, the work of a contractor.

     4.  A contractor includes a construction manager who performs management and counseling services on a construction project for a professional fee.”.

     Amend sec. 5, page 7, line 42, by deleting “Submitting” and inserting “Knowingly submitting”.