AB 227 — Revises provisions relating to contractors. (BDR 54-720)

(ReprintedAssembly withBill amendmentsNo. adopted on May 14, 2021) FIRST REPRINT A.B.

227227–Assemblywoman ACarlton SSEMBLYCHAPTER.......... B ILLN O.

227–ASSEMBLYWOMAN C ARLTON M ARCH 10, 2021 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to contractors.

(BDR 54-720) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

(NRS 624.3015)an Sectionagreement 3with a natural person who is not an employee of thisthe bill:licensed entering into contractor and not licensed as a contractor to perform for the licensed contractor any work which requires a contractor’s license;

(1) revises the list of acts to include entering into contractor and not licensed as a contractor to perform for the licensed contractor any work which requires a contractor’s license;

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

- *AB227_R1* – 2 – (a) Himself, herself or itself;

“Contractor” is synonymous with “builder.” 2.- 81st Session (2021) – 2 – licensed professional engineer, acting solely in a professionalct or a 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] herself or itself or by or through [others,] an employee or employees of the contractor or of another contractor, 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.

AEvidence contractorof isthe securing of any person,permit exceptfrom a registeredgovernmental architectagency or athe licensedemployment professionalof engineer,any actingperson solelyon in a professionalconstruction capacity,project whomust [inbe anyaccepted capacityby otherthe thanBoard asor theany employeecourt of anotherthis withState wages as theprima solefacie compensation,]evidence undertakesthat to, offers to undertake to, purports to have the capacityperson tosecuring undertakethat to,permit or submitsemploying aany bidperson to,on ora doesconstruction himselfproject ,is [or]acting herselfin orthe itselfcapacity orof bya orcon3.actA throughcontractor [others,]includes ana employeesubcontractor or employeesspecialty of the contractor or of another contractor, construct,but alter,does repair,not addinclude to,anyone subtractwho from,merely improve,furnishes move,materials wreck or demolishsupplies anywithout building,fabricating highway,them road,into, railroad, excavation or otherconsuming structure,them project,in developmentthe orperformance improvement,of, or to do any part thereof, including the erectionwork of scaffoldinga orcontractor. 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.

A contractor does not include an owner of a planned unit development who enters into one or more oral or written agreements with one or more general building contractors or general engineering contractors to construct a work of improvement in the planned unit development if the general building contractors or general engineering contractors are licensed pursuant to this chapter - *AB227_R1* – 3 – and contract with the owner of the planned unit development to construct the entire work of improvement.

6.person who:used in subsection 2, “employee” means a natural (a) Works under the direction and control of a contractor;

As used in subsection 2, “employee” means a natural person who:

(a) Works under the direction and control of a contractor;

and - 81st Session (2021) – 3 – (2) Is provided at the end of each year a Form W-2 for the reporting of wages paid to the person by the contractor.

624.3015 The following acts, among others, constitute cause forfor1.iscActing disciplinaryin actionthe undercapacity NRSof 624.300:a contractor beyond the scope of the license.

1.

Acting in the capacity of a contractor beyond the scope of the license.

7.implied, with a natural person who is not an employee of thes or licensee and not licensed as a contractor by which that person, either directly or through any person employed by that person, agrees to perform for the licensee any work which requires a contractor’s license.

Entering into any agreement, oral or written, express or implied, with a natural person who is not an employee of the licensee and not licensed as a contractor by which that person, either directly or through any person employed by that person, agrees to perform for the licensee any work which requires a contractor’s license.

- *AB227_R1* – 4 – 8.

- 81st Session (2021) – 4 – (a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;

H~~~~~ 21 - *AB227_R1*81st Session (2021)