Nevada 2021 Regular Session Status: Enacted

SB 303 — Revises provisions relating to professions. (BDR 54-669)

Last action — Chapter 227.

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 22, 2021. Enacted.

Prognosis

Advancing 52% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    2 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

572 added · 609 removed

572 line(s) added, 609 removed.

→
Previous
Latest
(Reprinted with amendments adopted on April 20, 2021) FIRST REPRINT S.B.
Senate Bill No.
303 S ENATE BILL NO .
303–Senators Brooks and Spearman CHAPTER..........
303–SENATORS B ROOKS AND SPEARMAN M ARCH 22, 2021 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to professions.
(BDR 54-669) FISCAL NOTE:
Effect on Local Government:
Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
LegiExisting law governs the work of licensed contractors.
Legislative Counsel’s Digest:
(Chapter 624 of NRS) Sections 3-5 of this bill define the terms “contract,” “contractor,” “electric utility,” “residential photovoltaic system” and “work concerning a residential photovoltaic system used to produce electricity” for the purposes of certain provisions governing - *SB303_R1* – 2 – who perform that work.ystems and the licensees of the State Contractors’ Board Section 6 of this bill prohibits a person from performing any work on residential photovoltaic systems used to produce electricity without the proper license or other authorization under state law.
Existing law governs the work of licensed contractors.
(Chapter 624 of NRS) Sections 3-5 of this bill define the terms “contract,” “contractor,” “electric utility,” “residential photovoltaic system” and “work concerning a residential photovoltaic system used to produce electricity” for the purposes of certain provisions governing who perform that work.ystems and the licensees of the State Contractors’ Board Section 6 of this bill prohibits a person from performing any work on residential photovoltaic systems used to produce electricity without the proper license or other authorization under state law.
(2) the contractors who perform the work;
(2) the contractors who perfSection 8 of this bill sets forth contractual requirements for the performance of work concerning residential photovoltaic systems used to produce electricity.
and (3) the owner-builders who direct the work.
Section 9 of this bill:
Section 8 of this bill sets forth contractual requirements for the performance of worSection 9 of this bill:
and (2) requires the contractor for such work to apply for and obtain all necessary permits and approvals.
and (2) requires the contractor for such work to apply for and obtain all necessary permSection 10 of this bill:
Section 10 of this bill:
(2) requires the Board to adopt by regulation standards for advertisements for work concerning residential certain uses of advertisements that do not comply with the standards adopted by theom Board.
(2) requires the Board to adopt by regulation standards for advertisements for work concerning residential photovoltaic systems used to produce electricity;
Section 12 of this bill sets forth certain circumstances under which a contract for work concerning a residential photovoltaic system used to produce electricity is not enforceable against the owner of a single-family residence.
and (3) prohibits a contractor from - 81st Session (2021) – 2 – Board.n uses of advertisements that do not comply with the standards adopted by the Section 12 of this bill sets forth certain circumstances under which a contract for work concerning a residential photovoltaic system used to produce electricity is not enforceable against the owner of a single-family residence.
- *SB303_R1* – 3 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
As used in sections 2 to 14, inclusive, of this act, in sections 3 to 5, inclusive, of this act have the meanings ascribed to them in those sections.
As used in sections 2 to 14, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 5, inclusive, of this act have the meanings ascribed to them in those sections.
“Contract” means any contract or agreement as described in NRS 598.9801 to 598.9822, inclusive, in which a contractor agrees to perform work concerning a residential photovoltaic system used to produce electricity.
“Contract” means any contract or agreement as described in NRS 598.9801 to 598.9822, inclusive, in which a - 81st Session (2021) – 3 – contractor agrees to perform work concerning a residential photovoltaic system used to produce electricity.
“Contractor” means a person licensed pursuant to the provisions of this chapter who performs work concerning residential photovoltaic systems used to produce electricity.
“Contractor” means a person licensed pursuant to the provisions of this chapter who performs work concerning resSec.
Sec.
(b) Energy audits;
(c) The advertising or solicitation of such work.
or (c) The advertising or solicitation of such work.
- *SB303_R1* – 4 – 1.
1.
(b) Meet all applicable requirements imposed pursuant to this chapter and any regulations adopted by the Board with respect to contracts for work concerning a residential photovoltaic system used to produce electricity;
- 81st Session (2021) – 4 – chapter and any regulations adopted by the Board with respect to contracts for work concerning a residential photovoltaic system used to produce electricity;
If work concerning a residential photovoltaic system used to produce electricity is performed under the direction of a builder who is exempt from having to obtain a license as a contractor because the builder is also the owner of the single-family residence on which the work is being performed, a person shall not, directly or indirectly, perform or offer to perform any act as a consultant, adviser, assistant or aide to the builder for the purposes of the project, including, without limitation, any act associated with obtaining permits for the project, or otherwise hold himself or herself out as being able to perform such acts, unless the person holds:
If work concerning a residential photovoltaic system used to produce electricity is performed under the direction of a builder because the builder is also the owner of the single-familytor residence on which the work is being performed, a person shall not, directly or indirectly, perform or offer to perform any act as a consultant, adviser, assistant or aide to the builder for the purposes of the project, including, without limitation, any act associated with obtaining permits for the project, or otherwise hold himself or herself out as being able to perform such acts, unless the person holds:
A contractor who receives an initial down payment or deposit of $1,000 or 10 percent of the aggregate contract price, whichever is less, for work concerning a residential photovoltaic system used to produce electricity shall start the work within 30 days after the date all necessary permits for the work - *SB303_R1* – 5 – and all necessary approvals from an electric utility into whose system the residential photovoltaic system used to produce electricity will interconnect, if any, are issued, unless the person who made the payment agrees in writing to a longer period.
A contractor who receives an initial down payment or deposit of $1,000 or 10 percent of the aggregate contract price, whichever is less, for work concerning a residential within 30 days after the date all necessary permits for the workwork and all necessary approvals from an electric utility into whose system the residential photovoltaic system used to produce electricity will interconnect, if any, are issued, unless the person who made the payment agrees in writing to a longer period.
3.
- 81st Session (2021) – 5 – 3.
Except as otherwise provided in subsection 4, if satisfactory payment is made for any portion of the work performed, the contractor shall, before any further payment is made, furnish to the owner of the single-family residence on which the work was performed a full and unconditional release of the contractor’s claim for a mechanic’s lien for that portion of the work for which payment has been made.
Except as otherwise provided in subsection 4, if satisfactory payment is made for any portion of the work performed, the contractor shall, before any further payment is made, furnish to the owner of the single-family residence on the contractor’s claim for a mechanic’s lien for that portion of the work for which payment has been made.
On and after October 1, 2021, any contract entered into between a contractor and the owner of a single-family residence for work concerning a residential photovoltaic system used to produce electricity must comply with the provisions of sections 2 to 14, inclusive, of this act and all applicable regulations adopted by the Board.
On and after October 1, 2021, any contract entered into between a contractor residential photovoltaic system used to produce electricity must comply with the provisions of sections 2 to 14, inclusive, of this act and all applicable regulations adopted by the Board.
- *SB303_R1* – 6 – (a) The name of the contractor, his or her address and contractor’s license number and the monetary limit on that license.
(a) The name of the contractor, his or her address and contractor’s license number and the monetary limit on that license.
(c) The date of execution of the contract.
- 81st Session (2021) – 6 – (d) The estimated date of completion of all work to be performed under the contract.
(d) The estimated date of completion of all work to be performed under the contract.
(i) A statement that any change in the scope or price of the work to be performed under the contract must be agreed to in writing by the parties and incorporated into the original contract as a change order.
(i) A statement that any change in the scope or price of the work to be performed under the contract must be agreed to in as a change order.
Show all 88 changed rows (48 more)
Previous
Latest
A change order is not enforceable against the owner of the single-family residence who is contracting for work concerning a residential photovoltaic system used to produce electricity unless the change order sets forth all changes in the scope and price of the work and is accepted by the owner of the single-family residence.
A change order is not enforceable against thect owner of the single-family residence who is contracting for work concerning a residential photovoltaic system used to produce electricity unless the change order sets forth all changes in the scope and price of the work and is accepted by the owner of the single-family residence.
For projects which consist exclusively of repairs to existing work concerning a residential photovoltaic system used to produce electricity, plans, scale drawings, equipment specifications and lists of materials and equipment are not required to be contained in or included with the contract.
For projects which consist exclusively of repairs to existing work concerning a residential photovoltaic system used to produce electricity, plans, scale equipment are not required to be contained in or included with the contract.
(k) Except as otherwise provided in this subsection and subsection 3, the dollar amount of any progress payment and the stage of construction at which the contractor will be entitled to - *SB303_R1* – 7 – collect progress payments from the owner of the single-family residence during the course of construction under a contract for the installation of a residential photovoltaic system used to produce electricity.
(k) Except as otherwise provided in this subsection and subsection 3, the dollar amount of any progress payment and the stage of construction at which the contractor will be entitled to collect progress payments from the owner of the single-family residence during the course of construction under a contract for the installation of a residential photovoltaic system used to produce electricity.
The schedule of payments must show the amount of each payment as a sum in dollars and cents.
The schedule of payments must show the - 81st Session (2021) – 7 – schedule of payments must not provide for the contractor to receive, nor may the contractor actually receive, payments in excess of 100 percent of the value of the work performed on the project at any time, excluding finance charges, except for an initial down payment or deposit.
The schedule of payments must not provide for the contractor to receive, nor may the contractor actually receive, payments in excess of 100 percent of the value of the work performed on the project at any time, excluding finance charges, except for an initial down payment or deposit.
(l) If a contract with the owner of a single-family residence for the installation of a residential photovoltaic system used to produce electricity provides for payment of a commission to a salesperson out of the contract price, a statement that the payment must be made on a pro rata basis in proportion to the schedule of payments made to the contractor by the disbursing party in accordance with the provisions of paragraph (k).
(l) If a contract with the owner of a single-family residence for produce electricity provides for payment of a commission to a salesperson out of the contract price, a statement that the payment must be made on a pro rata basis in proportion to the schedule of payments made to the contractor by the disbursing party in accordance with the provisions of paragraph (k).
(a) The contractor has furnished a bond for payment and performance covering full performance and completion of the contract and the cost of the bond is included in the price of the project;
(a) The contractor has furnished a bond for payment and contract and the cost of the bond is included in the price of the project;
- *SB303_R1* – 8 – (1) Purchased the residential photovoltaic system used to produce electricity pursuant to a power purchase agreement as defined in NRS 598.9807;
- 81st Session (2021) – 8 – (1) Purchased the residential photovoltaic system used to produce electricity pursuant to a power purchase agreement as defined in NRS 598.9807;
or (2) Leased the residential photovoltaic system used to produce electricity pursuant to a monthly lease contract.
or (2) Leased the residential photovoltaic system used to pro4.ceThe contract must contain:
4.
monthly lease contract.
The contract must contain:
At the time the owner of the single-family residence signs the contract, the contractor shall furnish to the owner of the single-family residence a legible copy of all documents signed and a written and signed receipt for any money paid to the contractor by the owner of the single-family residence.
At the time the owner of the single-family residence signs single-family residence a legible copy of all documents signed and a written and signed receipt for any money paid to the contractor by the owner of the single-family residence.
The contractor shall apply for and obtain all necessary permits and approvals from an electric utility into whose system the residential photovoltaic system used to produce electricity will interconnect.
The contractor shall apply for and obtain all necessary permits and approvals from an electric utility into whose system - 81st Session (2021) – 9 – the residential photovoltaic system used to produce electricity will interconnect.
- *SB303_R1* – 9 – Sec.
Sec.
Advertisements and solicitations for work concerning a residential photovoltaic system used to produce electricity must be truthful and not materially misleading.
Advertisements and solicitations for work concerning a residential photovoltaic system used to produce ele2.ricA person who makes an advertisement or solicitation for work concerning a residential photovoltaic system used to produce electricity shall not expressly or implicitly state that the person will perform the work, enter into a contract, express or implied, to perform the work or act as a contractor to perform the work unless the person holds:
2.
A person who makes an advertisement or solicitation for work concerning a residential photovoltaic system used to produce electricity shall not expressly or implicitly state that the person will perform the work, enter into a contract, express or implied, to perform the work or act as a contractor to perform the work unless the person holds:
A contract for work concerning a residential photovoltaic system used to produce electricity is not enforceable against the owner of a single-family residence on which the work is being performed if the obtaining of a loan for all or a portion of the contract price is a condition precedent to the contract unless both of the following requirements are satisfied:
A contract for work concerning a residential photovoltaic system used to produce electricity is not enforceable against the owner of a single-family residence on which the work the contract price is a condition precedent to the contract unless of both of the following requirements are satisfied:
§§ 1601 et seq., or chapter 598 of NRS, if applicable.
§§ et seq., or chapter 598 of NRS, if applicable.
Unless and until all applicable requirements of subsection 1 are satisfied, a contractor shall not:
Unless and until all applicable requirements of subsection are satisfied, a contractor shall not:
Sec.
- 81st Session (2021) – 10 – Sec.
(a) One or more of the provisions of NRS 624.301 to 624.305, inclusive, or section 6, 8 or 9 of this act;
(a) One or more of the provisions of NRS 624.301 to 624.305, inc(b) Any regulation adopted by the Board with respect to contracts for work concerning a residential photovoltaic system used to produce electricity, the Board may require that the contractor obtain the services of a construction control for each contract that the contractor enters into for work concerning a residential photovoltaic system used to produce electricity.
or - *SB303_R1* – 10 – (b) Any regulation adopted by the Board with respect to contracts for work concerning a residential photovoltaic system used to produce electricity,  the Board may require that the contractor obtain the services of a construction control for each contract that the contractor enters into for work concerning a residential photovoltaic system used to produce electricity.
2.
sections 2 to 14, inclusive, of this act.olate any provision of 3.
It is unlawful for a person to violate any provision of sections 2 to 14, inclusive, of this act.
3.
or (b) In lieu of such a bond, establish with the Board a cash deposit as provided in this section.
or - 81st Session (2021) – 11 – (b) In lieu of such a bond, establish with the Board a cash deposit as provided in this section.
Before granting renewal of a contractor’s license to any applicant, the Board shall require that the applicant file with the Board satisfactory evidence that the applicant’s surety bond or cash deposit is in full force, unless the applicant has been relieved of the requirement as provided in this section.
Before granting renewal of a contractor’s license to any applicant, the Board shall require that the applicant file with the deposit is in full force, unless the applicant has been relieved of the requirement as provided in this section.
- *SB303_R1* – 11 – 3.
3.
Unless released earlier pursuant to subsection 5, any cash deposit may be withdrawn 2 years after termination of the license in connection with which it was established, or 2 years after completion of all work authorized by the Board after termination of the license, whichever occurs later, if there is no outstanding claim against it.
Unless released earlier pursuant to subsection 5, any cash deposit may be with which it was established, or 2 years after completion of all work authorized by the Board after termination of the license, whichever occurs later, if there is no outstanding claim against it.
If a licensee is relieved of the requirement of establishing a cash deposit, the deposit may be withdrawn 2 years after such relief is granted, if there is no outstanding claim against it.
- 81st Session (2021) – 12 – deposit, the deposit may be withdrawn 2 years after such relief isash granted, if there is no outstanding claim against it.
- *SB303_R1* – 12 – The contractor shall maintain the bond or cash deposit for the period required by the Board.
The contractor shall maintain the bond or cash deposit for the period required by the Board.
(b) Enters into a contract [on or after July 1, 2001,] that is later found to be void and unenforceable against the owner pursuant to subsection 5 of NRS 624.940 or pursuant to any regulation adopted by the Board with respect to contracts for work concerning a residential pool or spa;
(b) Enters into a contract [on or after July 1, 2001,] that is later found to be void and unenforceable against the owner pursuant to by the Board with respect to contracts for work concerning aopted residential pool or spa;
If the Board requires a contractor described in subsection 7 to comply with the provisions of this subsection, the contractor shall, before commencing work concerning a residential pool or spa [,] or work concerning a residential photovoltaic system used to produce electricity, obtain:
If the Board requires a contractor described in subsection 7 to comply with the provisions of this subsection, the contractor shall, before commencing work concerning a residential pool or spa produce electricity, obtain:idential photovoltaic system used to (a) Except as otherwise provided in this subsection, a performance bond in an amount equal to not less than 50 percent of the amount of the contract, conditioned upon the faithful performance of the contract in accordance with the plans, specifications and conditions set forth in the contract.
(a) Except as otherwise provided in this subsection, a performance bond in an amount equal to not less than 50 percent of the amount of the contract, conditioned upon the faithful performance of the contract in accordance with the plans, specifications and conditions set forth in the contract.
(b) Except as otherwise provided in this subsection, a payment bond in an amount equal to not less than 50 percent of the amount of the contract.
- 81st Session (2021) – 13 – (b) Except as otherwise provided in this subsection, a payment bond in an amount equal to not less than 50 percent of the amount of the contract.
The payment bond must be solely for the protection of persons supplying labor or materials to the contractor, or to any of his or her subcontractors, in carrying out the provisions of the contract.
The payment bond must be solely for the protection of persons supplying labor or materials to the contractor, or to any contract.
A bond required pursuant to this subsection must be provided by a person whose long-term debt obligations are rated “A” or better by a nationally recognized rating agency.
her subcontractors, in carrying out the provisions of the A bond required pursuant to this subsection must be provided by a person whose long-term debt obligations are rated “A” or better by a nationally recognized rating agency.
The contractor shall furnish to the building department of the city or county, as - *SB303_R1* – 13 – applicable, in which the work will be carried out, a copy of any bond.
The contractor shall furnish to the building department of the city or county, as applicable, in which the work will be carried out, a copy of any bond.
Knowingly making a false statement in or relating to the recording of a notice of lien pursuant to the provisions of NRS 108.226.
Knowingly making a false statement in or relating to the recording of a notice of lien pursuant to the provisions of NRS4.08.Failure to give a notice required by NRS 108.227, 108.245, 108.246 or 624.520.
4.
Failure to give a notice required by NRS 108.227, 108.245, 108.246 or 624.520.
10.
- 81st Session (2021) – 14 – 10.
Failure to comply with sections 6 to 9, inclusive, of this act or any regulations of the Board governing contracts for work concerning residential photovoltaic systems used to produce electricity.
Failure to comply with sections 6 to 9, inclusive, of this act or any regulations of the Board governing contracts for work electricity.esidential photovoltaic systems used to produce Sec.
- *SB303_R1* – 14 – Sec.
(b) A subcontractor licensed to do business under the laws of the State of Nevada, paying a subcontractor, supplier of material, laborer or other person for bills incurred in the construction, repair, alt(c) An owner-contractor paying a contractor, subcontractor, supplier of material, laborer or other person for bills incurred in the construction, repair, alteration or improvement of any premises.
(b) A subcontractor licensed to do business under the laws of the State of Nevada, paying a subcontractor, supplier of material, laborer or other person for bills incurred in the construction, repair, alteration or improvement of any premises.
(c) An owner-contractor paying a contractor, subcontractor, supplier of material, laborer or other person for bills incurred in the construction, repair, alteration or improvement of any premises.
H - *SB303_R1*
~~~~~ 21 - 81st Session (2021)
⬇ Download PDF
View plain text versions (3)

Amendments

1 amendment

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. Chapter 227.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. In Senate. To enrollment.

  5. Read third time. Passed. Title approved. (Yeas: 36, Nays: 5, Absent: 1.) To Senate.

  6. Taken from General File. Placed on General File for next legislative day.

  7. Taken from General File. Placed on General File for next legislative day.

  8. Read second time.

  9. From committee: Do pass.

  10. In Assembly. Read first time. Referred to Committee on Commerce and Labor. To committee.

  11. From printer. To engrossment. Engrossed. First reprint. To Assembly.

  12. Read third time. Amended. (Amend. No. 226.) Reprinting dispensed with. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 21, Nays: None.) To printer.

  13. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time.

  14. Withdrawn from committee. Re-referred to Committee on Growth and Infrastructure. To committee.

  15. From printer. To committee.

  16. Read first time. Referred to Committee on Commerce and Labor. To printer.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

2 sponsors · 0 co-sponsors · 65 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (65)

65 members have not signed on to this bill.

Show all 65 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

labor technology
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 303?
SB 303 is sponsored by Pat Spearman and Chris Brooks.
What is the current status of SB 303?
This bill has been enacted into law. Introduced March 22, 2021. Enacted.
Where can I track SB 303?
Track SB 303 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 303

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 303

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →