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From YouTube: 2/15/2021 - Assembly Committee on Commerce and Labor
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A
D
E
C
C
A
A
Please
remember
all
exhibits,
written
testimony
and
amendments
must
be
submitted
by
noon
on
the
business
day
prior
to
the
committee
meeting
persons
who
wish
to
provide
testimony
or
attend
the
meeting
virtually
must
pre-register
online.
The
public
is
strongly
encouraged
to
submit
written
testimony
in
advance
of
the
meeting
by
emailing.
A
Zoom
chat
is
reserved
for
committee
business.
Only
members,
please
remember
to
keep
your
camera
on
at
all
times.
This
will
help
us
ensure
we
have
a
quorum
unless
you
are
stepping
away
from
your
computer
for
non-committee
related
business
members
and
presenters.
Please
remember
to
be
muted
at
all
times,
unmute
yourself
to
speak
and
then
promptly
mute
yourself
when
you
are
done.
A
C
Good
afternoon
terre,
haute
and
members
of
the
committee,
my
name
is
margie
green
and
I've
had
the
pleasure
of
serving
as
the
board's
executive
officer
for
the
past
23
years
of
my
35
year,
career
with
the
board.
On
behalf
of
the
board,
I
would
like
to
express
my
appreciation
for
the
opportunity
to
provide
you
with
an
overview
of
our
board.
C
C
C
Okay,
my
presentation
will
walk
you
through
the
operation
of
the
board
and
some
of
our
most
recent
accomplishments
and
activities.
Hopefully,
you
all
have
a
copy
of
the
handouts
I
provided
to
the
committee.
These
provide
you
with
an
overview
of
our
legislative
package,
our
constituent
services
and
our
operational
highlights
for
fiscal
year,
2019
20,
which
I
will
make
reference
to
in
my
presentation.
C
C
Our
board
meets
monthly
to
provide
staff
direction
on
policy
and
governance
matters.
In
addition
to
developing
an
annual
strategic
plan
that
outlines
goals
and
objectives
to
be
achieved
each
fiscal
year,
we
have
a
number
of
subcommittees
that
meet
as
needed,
with
the
exception
of
the
residential
recovery
fund,
which
meets
every
other
month
and
is
comprised
of
three
board
members.
The
contractor's
board
is
self-funded
by
the
revenue
received
from
licensing
fees.
We
are
not
part
of
the
general
fund
budget,
although
we
do
remain
under
the
executive
branch
of
government.
C
The
board
employs
personnel
between
our
two
offices
in
northern
and
southern
nevada
and
maintains
our
own
benefit
and
retirement
packages.
The
contractor's
board
has
never
been
a
part
of
hers.
However.
We
have
been
an
active
participant
in
social
security
and
offer
both
a
401,
a
employer-funded
retirement
plan,
as
well
as
a
457
b
employee-funded
retirement
plan.
C
C
C
This
program
allows
for
the
endorsement
of
trade,
exam
and
or
trade
experience
requirements.
When
applicants
meet
the
requirements,
making
licensure
more
accessible
for
those
who
have
an
interest
in
starting
a
construction
business
in
nevada
is
something
the
board
remains
committed
to
to
give
you
an
idea
of
the
work
performed
by
our
licensing
department.
During
the
past
fiscal
year,
four
4627
new
license
and
license
change.
Applications
were
received
and
7
482
license
renewals
were
processed.
C
Our
licensing
data
often
correlates
with
the
economic
conditions
of
the
state
and,
surprisingly
enough,
during
this
past
year,
we
noticed
the
slightest
decrease
less
than
one
percent
in
the
number
of
new
license
applications
over
the
2018-19
fiscal
year
period.
Even
as
the
construction
industry
weathered
the
covid
19
pandemic
in
fiscal
year,
2019-20
we
received
1991
new
license
applications
compared
to
2020
in
fiscal
year
2018-19.
C
From
this
engagement,
we
were
able
to
implement
several
several
strategic
initiatives
to
address
these
concerns,
including
implementing
regulations
related
to
licensure.
By
endorsement
that
allowed
the
board
to
recognize
licensure
and
exam
from
other
states
in
consideration
of
the
nevada
application,
researching
the
various
trade
examinations
and
experience
requirements
of
each
state
to
identify
those
that
are
most
in
line
with
nevada.
C
In
addition
to
our
licensing
efforts,
our
board
maintains
the
responsibility
to
those
to
ensure
those
we
license
comply
with
the
statutory
and
regulation
and
regulatory
provisions
under
nrs
and
nac
chapter
624
are
our
enforcement
division
includes
three
departments.
The
compliance
department
investigates
all
complaints
received
by
the
board
related
to
licensed
contractors,
which
typically
fall
into
one
of
three
categories:
workmanship,
complaints
coming
from
property
owners,
which
may
include,
but
not
limited
to
abandonment
of
a
project,
failure
to
correct
or
failure
to
complete
contractual
obligations.
C
The
second
is
money
owing
complaints
involving
contractors
and
subcontractors,
suppliers
or
vendors,
and
the
third
category
is
violation
of
industry
regulations.
These
these
offenses
normally
concern
violations
of
law
such
as
failure
to
provide
to
obtain
a
building,
permit,
hiring
or
doing
business
with
an
unlicensed
contractor
or
failure
to
maintain
industrial
insurance.
C
The
fraud
unit
also
assists
licensed
contractors
who
have
been
victimized
by
embezzlement
through
criminal
activity
such
as
theft,
diversion
of
funds,
forgery
and
misrepresentation,
because
many
of
these
cases
are
often
rejected
by
the
courts
as
civil
matters.
The
ability
for
the
contractor's
board
to
investigate
the
allegations
and
prepare
criminal
charges
with
enhanced
penalties
for
crimes
against
seniors
has
been
success.
Successful
when
presenting
the
case
to
the
district
attorney
or
attorney
general
for
prosecution.
C
The
efforts
of
our
fraud
unit
have
resulted
in
the
prosecution
of
and
conviction
on,
multiple
criminal
fraud
cases
which
have
resulted
in
both
restitution
to
the
victims
and
prison
time
for
the
offenders.
During
fiscal
year.
2019-20,
our
enforcement
division
received
two
thousand
six
hundred
and
thirty
complaints
processed.
Nearly
three
thousand
four
hundred
fingerprint
cards
and
performed
179
background
investigations.
C
C
The
commission
has
awarded
awarded
just
over
a
total
of
3.9
million
dollars
since
inception
in
2001..
Additionally,
the
residential
recovery
fund
subcommittee
considered
107
claims
and
awarded
nearly
one
million.
Fifty
thousand
dollars
to
harmed
homeowners,
many
of
who
were
home
senior
citizens
that
had
been
taken
advantage
of
or
homeowners
who
were
their
projects
abandoned,
were
abandoned.
C
C
The
recovery
fund
has
awarded
over
13
million
dollars
to
harm
homeowners
across
our
state,
and
I
can
tell
you
firsthand.
There
is
no
greater
feeling
in
helping
a
homeowner
who
has
been
harmed
by
an
unscrupulous
contractor
while
much
of
our
work
centers
around
the
accountability
of
our
licensees
and
regulating
their
ability
to
follow
the
laws
of
the
state.
C
Our
greatest
our
greater
purpose
and
outcome
is
measured
by
the
people
that
we
protect
each
and
every
day
we
have
developed
a
number
of
programs
that
include
a
senior
citizen
awareness
program
that
addresses
construction
related
scams
and
highlights
the
resources
available
by
the
board.
A
home
improvement
forum
that
brings
industry
professional
and
the
contractors
board
together
to
highlight
the
importance
of
hiring
licensed
contractors
for
homeowners
of
all
ages,
looking
to
engage
in
home,
repair,
remodel
projects
and
an
informational
program
that
has
been
provided
to
community
managers,
realtors
and
governmental
agencies
responsible
for
hiring
contractors.
C
As
noted
earlier,
it
is
the
contractor's
board
vision
to
be
a
model
regulatory
agency,
which
is
why
we
engage
in
our
strategic
planning
session
discussions
to
reflect
on
environmental
changes
and
recent
experiences
in
order
to
continue
advancing
the
services
of
the
board.
We
are
proud
of
the
efforts
we
make
to
protect
the
public
and
promote
the
integrity
of
the
construction
industry.
A
Thank
you
so
much
miss
green.
I
am
going
to
turn
it
over
to
the
committee
members.
First
committee
members:
do
you
have
any
questions.
G
Madam
chair,
I
do
vice
chair
carlton,
please
thank
you,
madam
chair,
so
nice
to
see
you.
It's
been
a
while
you're,
the
one
of
the
few
people.
That's
been
been
doing
this
just
a
little
bit
longer
than
me
so
nice
to
see
you're
hanging
in
there.
G
So
I
want
to
talk
about
the
recovery
funding
because
I
think
there's
a
lot
of
folks,
don't
realize
it's
out
there
and
I'm
trying
to
remember
when
we
actually
set
that
up
and
I've
I've
had
some
folks
ask
me
questions
about
how
they
can
access
it
and
who
can
access
it.
So
could
you
expand
upon
the
recovery
fund
a
little
bit
more?
Please
certainly.
C
The
recovery
fund
was
formed
in
1999
with
by
assembly
bill
636,
sponsored
by
speaker
buckley
at
the
time
and
we've
modified
that
over
the
years.
But
it
applies
to
owners
of
single-family
residents
who
contract
with
a
licensed
contractor,
who
have
been
damaged
by
failure
of
that
contractor
to
perform
adequate
services.
C
It
does
not
apply
to
renters.
It
does
not
apply
to
property
owners.
It's
only
the
owner
of
a
single-family
residence
now
this
year
and
you
will
see
we
have
brought
forward
some
bill.
One
bill
this
today,
which
we'll
be
getting
out
later
that
modifies
that
a
little
bit,
but
we
try
to
make
that
process
as
easy
as
possible.
C
Most
of
the
time,
the
contractor
involved
has
either
gone
out
of
business
or
abandoned
the
project
or
left
the
state,
and
so
this
is
is
a
resource
for
the
homeowners
to
be
able
to
apply
to
the
fund
and
submit
their
claim,
and
we
pay
up
to
40,
000
or
750
000
aggregate
for
one
contractor
say,
for
instance,
he
example
the
solar
contractor
a
few
years
ago,
who
had
close
to
two
million
dollars
in
claims
and
at
the
time
of
the
limit,
was
200
or
400
000.
C
So
those
owners
only
got
a
pro
pro
rated
share
of
the
fund.
So
now,
at
the
last
session
we
increased
that
to
750
000
or
20
percent
of
the
fund.
Whichever
is
less,
we
provide
information
on
our
website
to
homeowners
that
they
can
get
download
the
forms
they
can
file
those
electronically
by
statute.
We
have
to
act
on
those
claims
within
six
months
from
the
date
or
completed
claim
is,
is
received
and
I,
for
the
most
part
most
of
the
homeowners.
C
G
All
righty,
I
guess
one
of
the
concerns
that
I
have
is
how
that
if
you're
a
homeowner,
but
it's
a
second
home
that
you're
working
on-
and
you
hire
a
contractor
for
that.
If
something
would
happen
to
that
home,
you're
not
allowed
to
access
the
recovery
fund
but
you're
just
as
damaged
because
you
are
the
homeowner.
G
C
And
I
believe
those
discussions
occurred
initially
when
the
the
bill
was
enacted
in
1999,
and
it
was
just
the
decision
of
the
legislature
along
with
the
board,
we
weren't
certain
if,
if
the
fund
would
be
healthy
enough
to
provide
you
know,
it
was
all
new
to
us-
and
I
couldn't
really-
I
didn't-
have
our
legal
counsel
on,
but
it's
it's
just
the
definition
of
a
single
family,
homeowner
or
owner
who
resides
in
the
residence.
C
We
are
making
a
couple
of
changes
to
the
bill
this
session
or
that
we're
proposing
today,
but
it's
just
always
applied
to
the
owner
of
the
single
family
residence
who
resides
in
the
home.
I'm.
G
G
C
It
assessed
it's
a
the
license.
Contractors
pay
into
that-
and
I
just
have
my
handy
little
book
here.
So
it's
according
to
their
license
limit,
so
if
they
have
up
to
a
million
dollars,
that
fee
is
two
two
hundred
dollars
per
biennium
if
they
have
a
limit
of
a
million
but
but
up,
but
it's
limited.
That's
500
for
biennium
and
unlimited
is
a
thousand
dollars
per
biennium.
G
Thank
you
very
much,
mrs
green,
for
the
information
I
I
think
it's
worth
having
the
conversation
harm
is
harm,
whether
it's
the
primary
residence
or
not,
you
were
just
as
harmed
by
a
contractor
and
that
contractor
has
paid
into
that
fund.
So
I
think
anyone
who's
been
put
in
this
position
should
at
least
have
some
avenue
to
to
to
address.
What's
happened
so
I'll,
let
that
one
go
from
now
for
now
and
we'll
have
further
conversations
with
it
in
the
future.
Thank
you
very
much,
madam.
Thank
you.
A
C
We
recover
the
funds.
Thank
you.
We
prefer
a
written
contract,
it
makes
it
much
easier,
but
then,
as
you
know,
a
contract
can
be
verbal.
If
the
owner
can
can
show
proof
that
they
paid
money
for
some
work
in
return.
We
can
establish
that,
but
we
we
try
to
encourage
everyone
to
get
written
contracts,
but
I
can
tell
you
that
is
not
going
to
prohibit
us
from
investigating
that
case
and
trying
to
make
that
determination.
A
I'm
going
to
jump
in
as
well,
just
because
I
did
have
a
question
on
the
recovery
fund
as
well.
Now
you
said
it
has
to
be
licensed
contractor
so
someone
somebody
who
hired
a
contractor
thinking
they
were
a
licensed
contractor
turns
out.
Maybe
they
were
an
unlicensed
contractor,
wouldn't
have
access
to
the
recovery
fund.
That's
correct!.
C
The
fund
is
paid
for
by
licensed
contractors
to,
and
you
know
that's
why
we're
so
we
try
to
promote
the
hiring
a
licensed
contractor
on
every
corner
because
it
does
not
apply
if
they
hire
an
unlicensed
contractor.
C
A
Thank
you,
miss
green
and
then
members
any
other
questions.
A
C
Yes,
they
can
chair
category,
I
believe,
last
session.
There
was
a
change
in,
I
want
to
say
it's
232
a,
but
I'm
not
sure
that's
the
statute,
where
a
member
cannot
serve
more
than
12
years.
It
was
either
last
session
or
the
session
before,
but
they
can
reapply
and
that
that
statute
went
into
effect
for
terms
from
that
point
forward.
So
it
was
not
retroactive.
A
And
then
I
just
have
one
last
question
for
you,
ms
screen.
I
know
you
mentioned
that
you
guys
employ
nevadans
throughout
the
state
in
the
north
and
the
south.
How
many
employees
do
you
have
and
then
are
those
everything
paid
for
through
the
fees
that
you
collect,
even
their
salaries.
C
That's
correct:
we
currently
have
46
employees.
I
had
furloughed
some
of
the
positions
when
kovitz
started
a
year
ago,
and
you
know
we
of
course
are
hoping
that
those
positions,
some
of
those
positions,
will
be
brought
back
and
you're
correct.
We
are
our
personnel
structure,
we
are
not
employed
through
the
state
of
nevada
through
our
payroll
is
separate.
Our
benefit
packages
are
separate.
It
has
been
like
that
since
1941
and
I
I
believe
we
are
one
of
maybe
two
boards
that
has
that
operation.
A
Thank
you,
members.
Any
last
questions.
A
Okay,
I
actually,
I
did
have
one
last
question
on
the
screen.
I
remember
I
know
you
had
mentioned
it's
going
back
to
the
recovery
fund,
that
we
actually
changed
the
structure
of
the
recovery
fund
to
do
750,
000
or
20.
Whichever
is
less
when
it's
a
group
of
like
a
class
but
didn't.
We
also
increase
it
for
homeowner
the
award
amount
as
well.
A
C
A
That
was
it.
Okay,
I
think.
Thank
you,
miss
green.
Thank
you.
It
looks
like
we
are
all
caught
up
with
questions,
so
thank
you
so
much
for
your
presentation
and
I
think
you're
going
to
be
joining
us
for
our
next
agenda
item
as
well.
Okay,
members.
That
concludes
our
presentation
from
the
nevada
state
contractors
board.
A
Next
up
on
the
agenda,
we
do
have
three
bill
hearings
that
we
will
be
hearing
today
from
the
state
contractors
board
we're
going
to
take
them
in
order
and
we're
going
to
begin
with
assembly
bill
49.,
I'm,
mr
green.
I
believe
you
will
be
presenting
assemblyville
49er.
Do
you
have
someone
with
you
to
present.
C
Thank
you
chairpedic
and
members
of
me.
I
do
have
someone
with
me
today.
It's
our
board's
counsel,
tim
guestwine.
If
we
could
get
him
on,
and
I
will
turn
turn
it
over
to
him
to
give
you
the
overview
on
our
three
bills,
which
we
have
met,
have
amendments
for
all
three
as
well.
B
B
B
Nrs62430162,
this
statute
imposes
discipline
upon
contracts
and
contractors
for
committing
certain
crimes,
including
crimes
of
moral
turpitude,
because
the
term
crimes
of
moral
turpitude
is
vague.
The
board
proposes
to
use
instead
the
crimes
listed
in
an
existing
licensing
statute
and
are
at
six
two
four,
two,
six
six,
the
licensing
statute.
Six,
two
four
two
six
six
requires
applicants
for
a
license
to
close
certain
crimes.
D
B
G
A
C
A
You
members
questions,
it
looks
yes,
I
do
just
oh
I'm
going
to
start
with
the
vice
chair,
reister
carlton,
and
then
it
looks
like
I
have
mr
o'neill
and
then
miss
tools.
Vice
chair,
we'll
start
with
you.
G
And
I
believe
miss
considine
had
a
question
also
there
just
to
help
you
manage
all
the
different
screens.
So
my
cookie
mr
guest
wine
is
when
I
was
looking
when
I
looked
at
the
reference
to
62.266
is
the
term
moral
turpitude
still
in
that
citation.
B
So
responding
to
the
member
through
the
chair,
yes,
the
nrs62426
does
still
include
the
term
crimes
of
moral
chirpitude.
G
B
B
However,
there
are
times
that
we
know
or
some
crimes
that
one
could
easily
say
is
a
crime
of
moral
turpitude.
This
is
really
an
issue
that
we
can
fully
flesh
out
and
we
can
strike
in
its
entirety.
If
that's
everyone's
desire.
G
E
B
Thank
you.
Thank
you.
After
we
had
exceptional
and
lengthy
discussions
with
members
of
our
community,
our
stakeholders,
contractors
organized
labor
other
interested
parties,
and
many
people
believe
that
those
changes
were
unnecessary
and
could
create
two
problems.
The
first
problem,
unintended
consequences
to
local
building
codes
and,
secondly,
remove
defenses
for
contractors
subject
to
discipline.
F
Thank
you,
madam
chair,
can
you
hear
me
all
right
great,
thank
you
and
yep.
Most
of
my
questions
have
been
addressed
through
the
amendment
because
I
too
have
had
some
concerns
there,
and,
and
so,
and
and
also
thank
you
to
vice
chair
carlton
in
regards
to
section
three
also
noticing
that
moral
turpitude
is
in
that
nrs
statute,
but
I
do
appreciate
that
it
does
add
value
to
have
some
clarity
over
what
specific
types
of
crimes
may
be
subject
to
discipline.
F
A
Thank
you
assembly,
member,
and
then
we
have
assembly
member
considine.
Thank
you,
madam
chair,
and
I
think
this
is
along
the
same.
E
Lines,
I
just
want
to
clarify
it
for
myself
the
changes
that
you've
made
in
the
amendment.
You
are
simply
taking
those
sections
out
of
the
bill
not
out
of
the
nrs
correct.
A
H
Thank
you,
madam
chair
and
I'll,
be
quick
and
skip
daily
for
the
record.
H
Virginia
local
169
and
I
was
reached
out
to
by
morgy
green
director
of
the
contractors
board
regarding
all
three
of
these
bills
today
and
just
wanted
to
lend
our
support
after
discussion.
I
think
the
the
change
is
reasonable
and,
yes,
the
two
provisions
will
remain
in
the
bill
that
are
being
struck
in
the
amendment.
E
H
After
the
discussions,
we
were
comfortable
with
with
the
change
and
we
believe
it
makes
sense
to
move
forward,
and
ms
green
asked
me
if
I
would
lend
my
support
after
our
discussions,
and
I
agreed
that
I
would
so
here
I
am.
I
just
wanted
to
add
our
support
to
that.
Thank
you.
A
Thank
you,
mr
daily.
Next
we
have
mr
chauncy
chow
jong.
E
E
E
A
A
E
E
Good
afternoon,
madam
chair
members
of
the
committee,
we
are
also
in
support,
but
we
do
recognize
the
problem
that
vice
chair
carlton
had
brought
up
and
perhaps
that
statutory
language
could
be
cleaned
up,
because
it
is
important
to
provide
access
for
people
trying
to
get
a
second
chance
in
their
lives
to
become
a
contractor
and
move
on
in
that
direction,
which
is
a
well-paying
job.
So
we
definitely
support
the
intent
of
the
contractors
board
and
moving
this
bill
forward.
And
perhaps
if
we
could
clean
up
the
language.
E
A
A
I
Yes,
we
can
thank
you.
Thank
you
so
much
sir
howdy
appreciate
it
and
thank
you
to
the
committee.
The
washoe
county
public
defender's
office
is
in
support
of
this
bill
as
it
commended.
We
did
have
concerns
regarding
the
initial
section
one
and
two
and
appreciate
the
sponsor
removing
that
language
from
the
bill.
We
do
believe
that
this
will
reduce
the
barriers
for
licensure
that
will
allow
more
of
our
citizens
to
become
part
of
this.
A
A
D
D
E
C
I
apologize
for
technical
difficulties
earlier
agc
is
in
support
of
ab49.
E
A
A
A
Okay,
thank
you
and
I
would
like
to
go
back
to
those
who
are
wishing
to
testify
in
support.
It
looks
like
I
was
quick
and
I
didn't
give
mr
chauncey
dong
the
opportunity
to
actually
unmute
himself.
So
I'd
like
to
take
one
last
testimony
in
support
of
assembly
bill
49.
I
know
you
were
having
some
technical
difficulties.
Mr
chauncey
dong.
Are
you
there?
Yes
do
you
hear
me?
Yes,
we
can.
Thank
you.
E
I
appreciate
that
madam
chair
I'm
having
some
technical
difficulties.
I
can't
even
turn
on
my
camera,
so
it's
just
one
of
those
days.
So
I
appreciate
your
indulgence
good
afternoon,
madam
chair
members
of
the
committee,
chauncey
chaodwang
I'll,
be
out.
The
las
vegas
valley
water
district
just
wanted
to
provide
testimony
testimony
in
support
of
this
bill
and
to
also
let
you
know
that
we
will
be
working
with
the
nevada
state
contractors
for
to
possibly
include
water
theft
as
a
cause
for
disciplinary
action.
E
We
are
seeing
numerous
instances
of
water
theft
throughout
the
las
vegas
valley
and
certainly
understand
that
it
might
be
difficult
for
the
contractors
board
to
utilize
and
dedicate
resources
to
investigate
this
issue,
but
we
will
certainly
work
with
them
to
see
if
we
can
come
to
a
resolution
again.
Thank
you
for
allowing
me
to
comment
on
this
bill
and
apologize
for
the
technical.
A
Oh
there
I
am,
it
looks
like
I
was
needed,
thank
you,
mr
duncan,
and
we
all
have
technical
difficulties
during
this
virtual
life
that
we're
currently
living
in.
But
thank
you
for
your
testimony.
With
that
we've
taken
testimony
in
support
opposition
and
neutral.
I
will
close
the
hearing
on
assembly
bill
49,
ms
green.
I
believe
I
have
you
back
with
us
to
present
assembly
bill
50.
C
Thank
you,
chair
hodgie
and
yes,
I
will
be
turning
this
again
once
again
over
to
mr
guestwine
to
review
the
proposed
amendment.
A
B
Thank
you
very
much
assembly
bill
50,
which
has
also
been
revised
from
its
earliest
publication,
proposes
revisions
to
nrs624212,
which
was
amended
in
2019..
Now
this
statute
is
a
cease
and
desist
statute.
This
is
the
order
the
board
can
give
to
an
unlicensed
person
who
is
acting
as
a
contractor
in
the
state
of
nevada.
B
The
board
enjoyed
a
lot
of
success
with
the
changes
made
in
2019,
but
through
experience,
we've
realized.
We
inadvertently
created
some
hand,
ties
for
the
board's
ability
to
select
amon
possible
cures
for
unlicensed
contracting
now
remember,
unlicensed
contracting
has
been
illegal
or
unlawful
in
the
state
of
nevada
for
at
least
50
years
per
nrf624
700..
B
B
F
F
Yes,
thank
you
so
much
and
forgive
me
if
I'm
just
need
a
little
bit
of
clarification.
As
I
read
through
this.
So
in
reading
the
bill,
I
see
that
we're
removing
under
section
one
subsections
three
through
well
three
and
then
altering
subsection,
four
and
and
five,
and
so
could
you
just
walk
me
through
what
were
what
we're
losing
or
what
we're
really
taking
out
by
taking
out
section
three,
because,
as
I
read
it,
it
seemed
that
there
was
a
graduated
process
of
action,
starting
with
issuing
you
know
essentially.
F
It's
not
a
warning,
but
it
essentially
looked
like
there
was.
There
was
a
first
offense,
there
was
a
written
administrative
citation
and
then
second
offenses
comes
with
reporting
the
violation
of
cease
and
desist
and
so
forth.
So
could
you
just
walk
me
through
what?
What
substantively
that
changes?
By
removing
section
three.
B
B
B
F
I
see
so
it
just
it
allows
you
to
skip
that
administrative
step
if,
if
the
violation
is
severe
enough,
that
it's
best
to
go
straight
to
other
actions,
but
you
can
still
use
the
administrative
step
if
that's
more
applicable
or
appropriate
for
the
circumstances.
B
A
G
G
B
G
B
B
G
Okay,
I
I
guess
I
just
have
concerns
with
the
the
the
citation
the
the
mandatory
citation
and
no
discretion.
There
typically
is
some
type
of
just
discretion
in
that.
So
thank
you
very
much,
madam
chair.
A
Okay
and
then
I
just
want
to
go
back
because
I
was
writing
down
some
notes,
I'm
and
I'm
sorry.
I
just
didn't-
take
this
point
of
privilege
to
jump
in,
because
I
had
some
questions
right
in
the
area
that
meister
carlton
touched
on.
But
during
the
presentation
you
mentioned
that
in
the
last
year
there
was
406
administrative
citations
issued
now.
A
Do
you
issue
administrative
citations?
For
other
reasons,
other
than
seasoned
assist.
B
A
And
then
the
presentation
noted
that
104
were
or
criminal
activity
in
cases
that
were
referred
to
the
district
attorney's
office
of
those
104
are
those
all
seasoned
assists
or
are
there
other
types
of
cases
that
are
referred.
B
A
So
then,
so
there
was
a
so
then
all
of
those
would
have
been
second
offenses
correct,
because
currently
you
can't
you
can't
refer
a
case
or
criminal
prosecution
to
the
district
attorney's
office
without
there
being
a
second
offense.
A
A
Testimony
in
support
of
assembly
bill
50,
let
me
check
my
sign
in
list
and
it
looks
like
we
do
some
people
who
have
signed
up
to
support
assembly
bill
50..
We
can
start
with
mr
skip
daily.
H
Hey
thank
you,
madam
chair,
again,
skip
daily
for
the
record
representing
the
light
virginia
local
169.,
and
hopefully
I
can
shed
some
light
on
some
of
the
questions
and
various
things
that
came
over
did
spend
quite
a
bit
of
time.
Talking
with
director
executive
director
green
greene
on
this
issue.
As
some
of
you
may
recall,
we
did
spend
a
lot
of
time
last
session
working
on
this
cease
and
desist,
and
we
did
want
to
remove
some
of
this
aggression
when
we
talked
about
it.
H
The
last
time,
primarily,
we
were
focused
on
contractors
in
commercial
work
outside
their
scope
above
their
license
limit.
They
knew
better
or
they
were
just
straight
unlicensed
and
the
board
issued
the
cease
and
desist.
They
had
the
48
hours
to
tidy
up
the
job,
the
public
safety
issues,
but
then
they
had
to
stop
work.
If
they
didn't
stop
work,
the
board
had
ability
to
go
and
do
injunctive
relief
and
various
things,
but
a
citation
was
required.
H
Now
the
level
of
the
citation
depended
on
some
certain
factors
which
is
further
down
in
the
in
the
bill.
You
have
in
front
of
you
and
in
the
statute
on
if
certain
factors
are
met,
then
they
have
to
get
the
maximum
penalty
in
the
discussion
that
we
had
in
the
change
that
we
then
made,
and
it
goes
back
to
the
recovery
fund
as
well.
H
The
contractor's
board
pointed
out
that
when
they
had
this
situation,
where
there
was
a
unlicensed
contractor
residential
construction,
a
homeowner
who
was
potentially
damaged
and
the
contractor
were
just
flat
out
not
licensed,
they
couldn't
get
access
to
the
recovery
fund,
so
they
wanted
to
be
able
to
make
it
so
that,
instead
of
only
having
the
administrative
penalty
route
they
wanted
to
do,
we
can't
do
the
administrative
penalty.
H
I
was
happy
to
hear
that
the
board
did
indicate-
and
they
testified
here
today
as
well-
that
what
we
did
last
session
to
their
surprise
worked
as
planned
and
actually
worked
fairly
well
with
that
one
exception
for
those
homeowners
that
hired
an
unlicensed
contractor
didn't
have
access
to
the
recovery
fund.
H
This
will
correct
that
as
my
understanding
and
why
we
are
agreeing
to
the
change,
so
they
change
the
may
back
to
shall
you
shall
give
the
administrative
penalty
or
if
it
makes
more
sense
for
those
homeowners
in
that
situation,
they
shall
go
forward
with
the
criminal
complaint
and
hopefully
give
opportunity
for
those
homeowners
that
aren't
don't
have
access
to
recovery
fund
to
potentially
get
access
to
the
court
or
recovery
through
the
courts.
H
That's
the
reason
we're
in
support
wanted
to
hopefully
shed
some
light
on
some
of
the
questions
and
things
that
came
forward
all
the
rest
of
it
doesn't
change.
We
were
concerned
about
that.
Like
I
said,
we
spent
a
lot
of
time-
and
I
know
miss
green
pointed
out
to
me
that
the
three
bills
they
had
on
the
contractors
board
were
introduced
very
early
and
heard
very
early.
Like
this,
but
one
of
the
last
ones
passed,
I
told
her
I'd
help
her
not
have
that
happen
again.
H
This
time
she
reached
out-
and
we
are
in
support
with
the
changes
that
they
have.
I
hope
that
clarifies
some
of
the
questions
that
that
people
had
that's
the
way
it
was
explained
to
me.
That's
what
I
believe
the
bill
reads,
and
I
think
it
will
solve
that
unintended
consequence
from
last
section
happy
to
answer
any
questions.
If
you
had
any.
A
Thank
you,
mr
daily.
We
appreciate
that
I
do
remember
assembly
bill
27
from
last
session.
Thank
you.
Next,
it
looks
like
we
have
miss
kendra
bertsky
with
the
washoe
county
public
defender's
office,.
A
E
A
G
A
Thank
you
miss
galinski.
We
appreciate
your
testimony,
mr
john
pirro,
with
the
clark
county
public
defender's
office.
We
also
have
you
signed
in
in
support.
A
A
D
E
A
Okay,
we
will
move
into
opposition,
we
can
start
with
ms
kendra
bertsky.
I
Good
afternoon
again,
kendra
burchie,
with
washoe
county
public
defender's
office.
Thank
you
chair.
We
appreciate
the
ability
to
testify
today.
At
this
point,
we
are
in
opposition
to
ab50,
specifically
regarding
section
one,
the
new
subsection
be
an
amended
version
of
the
bill
on
page
four,
which
includes
the
requirement
of
potential
prosecution
on
all
cases.
We
agree
with
the
intention
that
we
want
to
support
our
community
to
ensure
that
homeowners
are
not
victimized.
I
We
believe
that
there
are
several
ways
that
we
can
protect
our
community
while
stopping
the
bad
actors
without
necessitating
the
initiation
of
a
costly
and
potentially
lengthy
criminal
prosecution.
Our
concern
with
the
bill
as
written
and
with
the
amendment
is
that
the
criminal
prosecution
will
become
the
first
option
without
utilizing
the
administrative
citation
potential
possibility.
I
We
believe
that
the
best
remedy
to
stop
this
type
of
action
is
for
the
administrative
citation
and
then
to
have
a
graduated
sanction
prior
to
initiating
criminal
prosecution.
We
are
concerned
that
this
will
not
provide
the
homeowner
with
the
remedy
that
they
are
seeking.
Restitution
can
be
provided
in
other
ways,
for
example
through
a
civil
proceeding.
I
A
E
All
right,
thank
you,
chair
nacj
echoes
what
ms
burchie
said
and
that's
why
we
oppose
this
bill.
I
would
also
make
the
point
that
there
were
all
those
protests
against
like
mass
incarceration
last
summer,
and
I
think
one
thing
that
that
showed
was
that
our
society
anytime
there's
any
kind
of
a
problem
it
gets
resolved
through
the
criminal
justice
system,
even
when
that's,
maybe
not
the
most
appropriate
or
the
most
effective
way
of
solving
that.
E
That
makes
it
harder
for
them
to
do
things
right
and
be
a
legit
contractor
in
the
future.
So
we
don't
think
this
is
the
proper
remedy
for
this
problem
and
we
oppose
it.
Thank
you.
E
Thank
you,
madam
chair
members
of
the
committee.
We
are
also
in
opposition
for
the
same
reasons
that
our
colleagues
to
the
north
is.
This
is
basically
shifting
the
cost,
removing
the
administrative
process
and
the
due
process.
Therein
is
shifting
the
cost
straight
to
the
criminal
justice
process,
so
the
system
will
pay
and
what
will
happen?
Is
lawyers
from
our
office
will
be
appointed
to
represent
people
in
these
cases
and
we
routinely
are
and
the
state
is
appointed
to
prosecute
these
cases.
E
The
trials
are
long
and
restitution
isn't
always
given
as
much
as
we
would
like
it
to
be.
Sometimes
you
cannot
squeeze
water
out
of
a
rock
already.
We
believe
that
perhaps
going
through
the
administrative
process
first,
and
even
maybe
providing
some
avenues
for
the
contractors
board
to
seek
restitution
before
moving
into
the
criminal
justice
arena
may
be
the
best
way
to
function
here
at
a
start
and
then
using
the
criminal
justice
system
as
a
last
resort.
A
A
A
C
A
A
B
Good
afternoon
kim
gaswine,
the
general
counsel
for
the
nevada
state
contractor's
board
ab51,
which
has
also
been
revised
from
its
earliest
publication,
proposes
revisions
to
the
recovery
fund.
A
fund
of
monies
assessed
from
residential
contractors
to
cure
harms
caused
by
some
contractors
to
nevada's
homeowners
in
2019.
The
maximum
award
in
an
individual
claimant
was
increased
from
thirty
five
thousand
dollars
to
forty
thousand
dollars.
B
B
This
would
be
a
new
statute,
but
it
matches
the
current
practice
of
the
recovery
fund
committee
when
making
awards
when
considering
the
statute.
The
competing
interests
of
the
recovery
fund's
financial
stability,
stability,
the
contractor's
ability
to
pay
assessments
and
the
administrative
efficiency,
as
the
claims
are
considered,
were
all
taken
into
account.
B
B
With
the
proposed
change,
the
subrogation
right
is
limited
to
the
amount
the
recovery
fund
award,
the
amount
that's
actually
paid.
This
will
allow
a
nevada
homeowner
who
has
suffered
harms
in
excess
of
forty
thousand
dollars.
The
current
award
cap
to
seek
recovery
fund
the
awards
and
after
getting
that
award
to
seek
recovery
for
the
excess
amounts
by
other
methods.
B
A
E
A
F
E
A
E
Thank
you,
madam
chair,
and
again
my
apologies.
I
was
a
little
bit
late
to
send
you
that
message.
I
just
wanted
to
quickly
follow
up
on
assemblywoman
consonants
line
of
questioning,
and
could
you
give
us
any
idea
how
many
folk
are
reaching
out
right
now?
Who
who
are
you
know
are
stating
they
have
claims
and
are
living
in
manufactured
homes?
And
you
know
I'm
just
trying
to
understand.
E
I
I
think
I've
heard
the
phrase
three
times
now:
the
health
of
the
fund.
You
know
so
obviously
we're
concerned
about
depleting
those
funds
and
and
making
sure
that
it's
there,
but
I'm
trying
to
understand
just
how
many
folk
are
reaching
out.
Do
we
have
any
type
of
data
from
manufactured
homes
concerned
that
they
were
victimized
that
you
know
they
were
taken
advantage
of.
Do
you
have
any
type
of
anecdotal
data
you
could.
A
Okay,
I
I
do
want
to
follow
up
on
assembly
member
flores
question:
do
we
on
that
line
question?
Do
we
know
how
many,
how
many
homeowners
have
sought
recovery
for
a
non-owner-occupied.
B
I'm
sorry,
I
don't
know
the
data
for
that
you're,
referring
to
a
situation
in
which
a
person
who
owns
a
single
family,
home
and
rents
it
and
then
makes
a
recovery
fund
award
right
refund,
request.
A
Okay,
if,
if,
if
it's
available,
would
you
mind
sending
it
to
the
entire
committee?
I
I'm
just
curious
to
see.
I
mean
there
was
only
two
who
had
requested
assistance
from
the
manufactured
mobile
home
area.
I'd
be
curious
to
see
how
many
requests
come
in
for
homeowners
who
have
suffered
damage
but
could
not
seek
recovery
because
it
was
a
either
a
second
home
or
a
non-owner
occupied
rental
property,
and
I
just
want
to
clarify,
because
I
was
reading
what
is
excluded
from
the
recovery.
A
A
Family
and
it's
I'm
sorry
I
should
I
should
let
you
know
what
section
it
is
to
help
you
identify.
I
apologize
I'm
looking
at
section
one
section,
one
sub
two
looks
like
it's
b,
where
it's
listing
every
oh
section,
one
sub,
two,
oh
sub,
three,
where
it
says
the
term
does
not
include,
and
then
it
says,
personal
property,
any
mobile
or
manufactured
home
and
then
item
e.
It
says
you
know
any
dwelling,
that's
rented,
but
then
it
says
excludes
you
know
not
a
member
of
the
owner's
family.
B
That
is
correct,
and
this
is
the
scenario
one
occasionally
sees
an
extended
family
living
say
an
older
family
member
or
a
person
with
a
disability
or
even
younger.
You
know
family
members,
grandparents
and
the
like
the
sort
of
the
casita
on
the
existing
real
property.
B
A
Okay,
so
it
has
to
be
a
dwelling
on
the
thing
on
the
owner's
primary
residence
because,
right
now
it
reads
any
dwelling
or
real
property
improvement
which
is
rented
early.
So
it
has
to
be
like
an
accessory
dwelling
on
the
primary
residences
law.
B
Correct
or
even
imagine
the
say,
the
adult
child
who
lives
with
parents
and
contributes
rent
to
the
household
you
know
they
may
have
the
the
understanding.
Maybe
I'm
renting
a
room
for
mom
and
dad
the
home
would
still
be
eligible
for
recovery.
A
And
I'm
not
sure
if
you
have
these
stats
as
well.
But
can
you
give
us
if
you
don't
have
them
if
you
could
just
provide
them
to
the
committee
I'd
like
to
see
on
average
how
many
claims
are
filed
a
year
and
how
much
money
is
awarded?
If
you
could?
Maybe
if
you
have
that
for
the
last
three
years
just
so,
we
can
kind
of
get
an
idea,
because
I
mean
the
recovery
fund.
It
seems
to
be
in
a
healthy
status.
I
think
I
wrote
down
what
I
know.
A
So
if
it's
not
being
drawn
down
and
at
levels
where
we're
going
to
be
concerned
for
the
health
of
the
recovery
fund-
and
I
think
it
would
maybe
be
in
the
best
interest
of
nevadans
who
who
are
hiring
con
licensed
contractors
to
be
eligible
for
this
recovery,
whether
they're
in
a
mobile
home
manufacturing
home
or
it's
a
non-owner-occupied
residence
I'd
like
just
to
see
how
many
actual
claims
there
are
coming
in
and
what's
being
awarded
just
to
see
how
fast
the
recovery
fund
is
actually
being
drawn
down
here,.
C
Hotey
I'd
be
happy
to
get
you
that
information
in
the
next
day
or
so,
and
I
that
the
fund
has
diminished
from
last
fiscal
year
by
about
a
half
a
million
dollars.
So
it
has
decreased
a
little
bit.
We
keep
a
very
close
watch
on
that
and
are
mindful,
with
the
claims
being
paid
but
happy
to
get
you
all
the
data
on
the
funds
so.
A
Thank
you,
and
then
I
just
have
one
last
question:
was
the
discussion
ever
had.
Instead
of
recreating
increasing
the
award
amount
for
an
owner
occupied
single-family
residence
was
the
conversation
ever
had,
instead
of
increasing
that
award
amount
to
maybe
open
it
up
to
other
recipients.
A
F
Thank
you
chair
and
I
I
apologize,
but
it
we
went
through
it
so
quickly.
It
was
really
hard
to
see
on
the
screen
share
that
that
first
page
section
one
and
I
was
looking
on
nellis
to
see
if
I
could
find
the
amended
version,
do
we
have
that?
Are
we
going
to
get
that
quickly?
Could
we,
mr
back
up
on
the
screen
again.
A
F
D
D
B
B
Those
changes
needed
some
regulations
and
I'm
not
sure
the
status
of
those
regulations
by
manufactured
housing,
but
it
did
say
that
work
performed
on
the
structural
elements
or
the
fuels
component
systems
of
a
manufactured
home
were
expressly
excluded.
B
A
Assembly
member
told
I
have
confirmation
that
the
amendments
are
actually
on
nellis.
You
might
just
want
to
try
refreshing
it.
I've
received
confirmation
from
our
policy
analyst
and
our
committee
manager
that
they
are
there
and
available
for
committee
members.
F
G
G
G
Okay,
so
the
years
blend
together,
those
are
the
same
contractors
that
are
paying
into
the
fund
correctly
if
they're
work,
they're
working
on
a
mobile
home
but
they're
still
paying
into
the
fund.
G
Okay,
madam
chair,
I
think
that
makes
it
really
clear
if
the
contractor
is
paying-
and
that
was
the
whole
idea
behind
it
and
they
happen
to
work
on
a
mobile
home
that
mobile
homeowner
should
have
some
recourse
now,
if
they're
dealing
strictly
manufactured
home
handyman
or
someone
certified
there
and
that
person
has
is
not
a
licensed
contractor
that
did
not
pay
into
the
recovery
fund.
I
can
see
the
nexus
there,
but
a
contractor
has
paid
in
and
that
homeowner
has
been
harmed.
They
should
have
access
to
me.
G
A
H
Hey
thank
you
again,
madam
chair.
Let's
skip
daily
for
the
record
with
the
labor's
indian,
local
169.
and
we're
in
support
of
the
bill
as
cement
or
as
proposed
and
various
things
also,
you
did
have
a
good
discussion.
We
have
less
concerns
over
the
recovery
front
and
how
that
operates
than
we
did
with
the
previous
two,
but
we
are
in
support.
H
D
D
D
E
Good
afternoon
sure,
howdy
and
committee
members,
I
apologize
for
the
technical
difficulties.
My
name
is
matt
walker
and
I'm
pleased
to
testify
in
support
of
assembly
bill
51
on
behalf
of
the
southern
nevada
homebuilders
association.
The
recovery
fund
has
been
in
existence
for
20
years.
It's
been
incredibly
successful
in
quickly
making
homeowners
whole
when
a
contractor
has
not
addressed
a
problem
or
completed
work.
The
fund
is
offered
in
a
consumer-friendly
format
and
does
not
require
legal
training
or
contracting
expertise
to
navigate,
and
most
cases
are
resolved
very
quickly.
E
Ultimately,
snhba
sees
the
recovery
fund,
as
our
commitment
to
homeowners
assembly
bill
51
will
maintain
access
to
the
fund
for
homeowners
and
increase
clarity
regarding
eligibility.
For
that
reason,
we
are
in
full
support.
I
would
also
like
to
extend
our
thanks
to
the
nevada
state
contractors
board
margie
and
her
team
reached
out
to
the
building
community
early
and
often
on
all
the
bills
that
you
heard
today.
We
certainly
value
our
partnership
with
the
contractors
board
and
thank
the
committee
for
making
time
to
hear
some
level
49,
50
and
51
today.
Thank
you.
D
E
Good
afternoon,
madam
chairman,
for
the
record
dan
morgan
with
the
builders
association
of
northern
nevada
and
the
nevada
home
builders
association,
the
builders,
association
and
nevada
home
builders
association
have
taken
every
opportunity
possible
to
highlight
the
importance
of
the
recovery
fund
as
an
effective
alternative
to
litigation.
The
recovery
plan
provides
a
tested
and
efficient
remedy
for
consumers
victimized
by
defective
work.
E
Homeowners
claims
against
the
recover
refund
are
adjudicated
are
adjudicated
within
six
months.
By
contrast,
most
lawsuits
take
years
to
be
resolved.
We
are
in
support
of
ab51
because
it
ensures
the
ongoing
viability
of
the
recovery
fund
and
the
protection
of
homeowners
and
ensures
that
contractors
are
held
accountable
for
substandard
work.
E
We
would
like
to
thank
the
contractors
board
for
working
with
the
home
building
industry,
not
only
on
ab51,
but
also
to
address
builders
concerns
on
other
boards.
This
session,
I
would
like
to
make
one
note
that
we
are.
We
will
be
looking
into
the
amendments
made
to
ab51
and
will
respond
appropriately
at
that
time.
I
would
like
to
thank
you
for
your
time
this
afternoon
and
thank
you
all
for
your
service
to
our
great
state.
Thank
you
very
much.
D
E
Madam
chair
bill
stanley
for
the
record
representing
the
southern
nevada
building
trade
union.
I
apologize
for
my
technical
difficulties
here
today.
E
We
are
also
testifying
in
favor
of
ab51,
and
I
would
like
to
also
at
this
time
support
av-49
and
50
that
was
brought
by
the
contractors
board.
I
apologize
for
not
being
on
when
those
were
heard,
but
as
amended
we
are
in
support.
We
would
like
to
thank
margie
and
the
contractors
board
for
working
with
the
southern
nevada
building
trades
and
coming
to
an
agreement
on
on
the
bills
and
how
they
are
brought
to
you
today
for
you
today
and
we
are
in
support,
and
so
thank
you
very
much.
A
D
D
A
A
Thank
you,
okay.
I
will
now
close
the
hearing
on
assembly
bill,
51.
Okay,
we
have
one
last
item
on
our
agenda
and
that
is
public
comments,
so
we
will
be
moving
on
to
public
comment
before
we
go
to
this
agenda
item,
since
this
was
our
first
meeting
hearing
bills.
I
just
want
to
remind
those
present
and
on
listening
on
the
internet
and
calling
in
for
public
comment.
That
public
comment
is
an
opportunity
to
discuss
general
matters
that
fall
within
the
purview
of
this
committee.
A
The
public
has
already
been
given
time
to
support
or
oppose
specific
legislation.
We
open
and
close
hearings
on
bills
so
that
we
can
establish
a
record
of
the
public
testimony
on
the
bill.
Therefore,
public
comment
is
not
intended
to
continue
a
bill
hearing
broadcast.
Do
we
have
anyone
on
the
line
for
public
comment?