Assembly Bill No. 209–Assemblymen Price, Collins, Chowning, de Braga, Parks, Giunchigliani, Arberry, Ohrenschall, Gibbons, Williams, Von Tobel, Segerblom, Buckley, Anderson, Carpenter and Bache

February 11, 1999

____________

Referred to Committee on Commerce and Labor

 

SUMMARY—Creates licensing board for electricians. (BDR 54-45)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: No.

~

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to electricians; creating the board of electricians’ examiners; prescribing the duties and powers of the board; providing for licensing and disciplinary actions; providing a penalty; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Title 54 of NRS is hereby amended by adding thereto a

1-2 new chapter to consist of the provisions set forth as sections 2 to 26,

1-3 inclusive, of this act.

1-4 Sec. 2. As used in this chapter, unless the context otherwise requires,

1-5 the words and terms defined in sections 3 and 4 of this act have the

1-6 meanings ascribed to them in those sections.

1-7 Sec. 3. "Board" means the board of electricians’ examiners.

1-8 Sec. 4. "Licensed electrician" means a person licensed pursuant to

1-9 this chapter to install electrical wires, fixtures, appliances, apparatuses,

1-10 raceways and conduits.

1-11 Sec. 5. 1. The board of electricians’ examiners, consisting of five

1-12 members appointed by the governor, is hereby created.

1-13 2. The governor shall appoint:

1-14 (a) Four members who are licensed electricians; and

1-15 (b) One member who is a representative of the general public.

2-1 3. The members of the board must have been residents of this state

2-2 for not less than 5 years immediately preceding the date of their

2-3 appointment.

2-4 4. Three members of the board constitute a quorum.

2-5 5. The board shall meet at least four times a year and may meet at

2-6 other times at the call of a majority of the members.

2-7 6. A member of the board is not liable in a civil action for any act

2-8 that he performs in good faith in the execution of his duties pursuant to

2-9 this chapter.

2-10 Sec. 6. Before entering upon the duties of his office, each member of

2-11 the board shall take:

2-12 1. The constitutional oath of office; and

2-13 2. An oath that he is legally qualified to serve as a member of the

2-14 board.

2-15 Sec. 7. If a member of the board fails to attend the meetings of the

2-16 board or fails to attend to the business of the board, as determined

2-17 necessary in the discretion of the board, the board shall notify the

2-18 governor. The governor shall remove that member from the board and

2-19 appoint a person qualified pursuant to this chapter to replace him for the

2-20 remainder of the unexpired term.

2-21 Sec. 8. The board shall:

2-22 1. Review and evaluate applications for the licensing of electricians;

2-23 2. Determine the qualifications and fitness of applicants;

2-24 3. Issue, renew, reinstate, revoke, suspend and deny licenses, as

2-25 appropriate;

2-26 4. Investigate any complaints filed with the board concerning

2-27 electricians;

2-28 5. Impose any penalties that it determines are necessary for the

2-29 administration of the provisions of this chapter;

2-30 6. Employ attorneys, investigators and other professional consultants

2-31 and professional personnel necessary to the discharge of the duties of the

2-32 board;

2-33 7. Adopt a seal;

2-34 8. Adopt a code of ethics governing the practice of electricians;

2-35 9. Transact any other business necessary to carry out the provisions

2-36 of this chapter; and

2-37 10. Adopt regulations necessary to carry out the provisions of this

2-38 chapter.

2-39 Sec. 9. 1. The secretary and employees of the board are entitled to

2-40 receive a salary in the amount fixed by the board.

2-41 2. The members of the board, including the secretary, and the

2-42 employees of the board are entitled to receive a per diem allowance and

3-1 travel expenses at a rate fixed by the board, while engaged in the

3-2 business of the board. The rate must not exceed the rate provided for

3-3 state officers and employees generally.

3-4 Sec. 10. 1. The secretary of the board shall receive and account for

3-5 all money paid to the board and deposit the money in a bank or a savings

3-6 and loan association located in this state.

3-7 2. The compensation and expenses of members and employees of the

3-8 board, and the expenses of administering the provisions of this chapter,

3-9 must be paid from the fees received by the board.

3-10 3. The board shall, before September 1 of each even-numbered year,

3-11 for the biennium ending June 30 of that year, submit to the governor a

3-12 written report of its activities. The report must include the results of the

3-13 annual audit of the fiscal records of the board.

3-14 4. The board shall provide a copy of the report to any person who

3-15 submits a written request to the board.

3-16 Sec. 11. The board shall maintain a record for each person who:

3-17 1. Applies for a license pursuant to this chapter. The record must

3-18 include:

3-19 (a) The name, age and place of residence of the applicant;

3-20 (b) The name and address of the employer of the applicant, if the

3-21 applicant is employed, or the address of the place of business of the

3-22 applicant, if he is self-employed;

3-23 (c) The date on which the board received the application;

3-24 (d) A description of the action taken by the board on the application

3-25 and the date on which the board took such action;

3-26 (e) If a license is issued to the applicant, the number of the license;

3-27 and

3-28 (f) Such other information as the board may require.

3-29 2. Is licensed pursuant to this chapter. The record must include:

3-30 (a) The name and address of the licensee; and

3-31 (b) Such other information as the board may require.

3-32 Sec. 12. An applicant for a license must:

3-33 1. Submit to the board a completed application and the fees required

3-34 pursuant to section 13 of this act; and

3-35 2. Pass an examination prescribed by the board.

3-36 Sec. 13. 1. The board shall, by regulation, establish fees for:

3-37 (a) The examination of an applicant for a license;

3-38 (b) The initial issuance of a license; and

3-39 (c) The renewal of a license.

3-40 2. The fees must be set in such an amount as to reimburse the board

3-41 for the cost of carrying out the provisions of this chapter.

3-42 Sec. 14. A license issued pursuant to this chapter:

3-43 1. Expires 3 years after it is issued by the board.

4-1 2. Must be serially numbered and contain:

4-2 (a) The number of the license;

4-3 (b) The designation "Licensed Electrician";

4-4 (c) The name of the person licensed;

4-5 (d) The date of issuance;

4-6 (e) The seal of the board; and

4-7 (f) The signature of the secretary of the board.

4-8 3. Is a revocable privilege and the holder of such a license does not

4-9 acquire thereby any vested right.

4-10 Sec. 15. If an applicant for licensure pursuant to this chapter is a

4-11 natural person, his application must include his social security number.

4-12 The board shall keep the social security number of each applicant and

4-13 licensee in the record for the applicant or licensee, as appropriate,

4-14 created pursuant to section 11 of this act.

4-15 Sec. 16. 1. A natural person who applies for the issuance or

4-16 renewal of an electrician’s license pursuant to this chapter shall submit

4-17 to the board the statement prescribed by the welfare division of the

4-18 department of human resources pursuant to NRS 425.520. The statement

4-19 must be completed and signed by the applicant.

4-20 2. The board shall include the statement required pursuant to

4-21 subsection 1 in:

4-22 (a) The application or any other forms that must be submitted for the

4-23 issuance or renewal of the license; or

4-24 (b) A separate form prescribed by the board.

4-25 3. An electrician’s license may not be issued or renewed by the board

4-26 if the applicant is a natural person who:

4-27 (a) Fails to submit the statement required by subsection 1; or

4-28 (b) Indicates on the statement submitted pursuant to subsection 1 that

4-29 he is subject to a court order for the support of a child and is not in

4-30 compliance with the order or a plan approved by the district attorney or

4-31 other public agency enforcing the order for the repayment of the amount

4-32 owed pursuant to the order.

4-33 4. If the electrician’s license of a natural person has been suspended

4-34 or revoked pursuant to section 23 of this act, the board may not reinstate

4-35 the license if the person:

4-36 (a) Fails to submit the statement required by subsection 1; or

4-37 (b) Indicates on the statement submitted pursuant to subsection 1 that

4-38 he is subject to a court order for the support of a child and is not in

4-39 compliance with the order or a plan approved by the district attorney or

4-40 other public agency enforcing the order for the repayment of the amount

4-41 owed pursuant to the order.

4-42 5. If an applicant indicates on the statement submitted pursuant to

4-43 subsection 1 that he is subject to a court order for the support of a child

5-1 and is not in compliance with the order or a plan approved by the district

5-2 attorney or other public agency enforcing the order for the repayment of

5-3 the amount owed pursuant to the order, the board shall advise the

5-4 applicant to contact the district attorney or other public agency enforcing

5-5 the order to determine the actions that the applicant may take to satisfy

5-6 the arrearage.

5-7 6. The board shall keep each statement submitted by an applicant

5-8 pursuant to subsection 1 in the record of the applicant created pursuant

5-9 to section 11 of this act.

5-10 Sec. 17. 1. If the board receives a copy of a court order issued

5-11 pursuant to NRS 425.540 that provides for the suspension of all

5-12 professional, occupational and recreational licenses, certificates and

5-13 permits issued to a person who is the holder of an electrician’s license,

5-14 the board shall deem the electrician’s license issued to that person

5-15 pursuant to this chapter to be suspended at the end of the 30th day after

5-16 the date on which the court order was issued unless the board receives a

5-17 letter issued to the holder of the license by the district attorney or other

5-18 public agency pursuant to NRS 425.550 stating that the holder of the

5-19 license has complied with the subpoena or warrant or has satisfied the

5-20 arrearage pursuant to NRS 425.560.

5-21 2. The board shall reinstate an electrician’s license that has been

5-22 suspended by a district court pursuant to NRS 425.540 if the board

5-23 receives a letter issued by the district attorney or other public agency

5-24 pursuant to NRS 425.550 to the person whose license was suspended

5-25 stating that the person whose license was suspended has complied with

5-26 the subpoena or warrant, or has satisfied the arrearage pursuant to NRS

5-27 425.560.

5-28 Sec. 18. 1. The board, or any member thereof, may issue a

5-29 subpoena for the attendance of witnesses and the production of books

5-30 and papers.

5-31 2. The district court in and for the county in which a hearing

5-32 conducted by the board is to be held may compel the attendance of

5-33 witnesses, the giving of testimony and the production of books and

5-34 papers as required by a subpoena issued pursuant to subsection 1.

5-35 3. If a witness refuses to testify or produce any books or papers

5-36 required by the subpoena, the board may file a petition ex parte with the

5-37 district court, setting forth that:

5-38 (a) Notice has been given of the time and place for the attendance of

5-39 the witness or the production of the books and papers;

5-40 (b) The witness has been subpoenaed in the manner prescribed by this

5-41 chapter;

6-1 (c) The witness has failed or refused to attend or produce the books or

6-2 papers required by the subpoena before the board in the cause or

6-3 proceeding named in the subpoena, or has refused to answer questions

6-4 propounded to him in the course of the hearing; and

6-5 (d) The board, therefore, requests an order of the court compelling the

6-6 witness to attend and testify or produce the books or papers before the

6-7 board.

6-8 4. The court, upon such a petition, shall enter an order directing the

6-9 witness to appear before the court at a time and place fixed by the court

6-10 in the order, and then and there to show cause why he has not attended

6-11 or testified, or produced the books or papers before the board. The time

6-12 may not be more than 10 days after the date of the order. A certified copy

6-13 of the order must be served upon the witness.

6-14 5. If the court determines that the subpoena was regularly issued by

6-15 the board, the court shall thereupon enter an order that the witness

6-16 appear before the board at the time and place fixed in the order, and

6-17 testify or produce the required books or papers. Failure to obey an order

6-18 of the court issued pursuant to this subsection constitutes contempt of

6-19 court.

6-20 Sec. 19. A witness who appears by order of the board or of the court

6-21 pursuant to section 18 of this act is entitled to receive for attendance the

6-22 same fees and mileage allowed by law to a witness in a civil case. The

6-23 amount must be paid by the party who requested the subpoena. If a

6-24 witness who has not been required to attend at the request of a party is

6-25 subpoenaed by the board, his fees and mileage must be paid from the

6-26 money of the board.

6-27 Sec. 20. 1. The board may, in any hearing before it, cause the

6-28 depositions of witnesses to be taken in the manner prescribed for

6-29 depositions in civil actions in this state.

6-30 2. The district court in and for the county in which any hearing is

6-31 held by the board shall, upon application of the board, issue a

6-32 commission to another state for the taking of evidence in that state for

6-33 use in any proceeding before the board.

6-34 Sec. 21. The grounds for initiating disciplinary action pursuant to

6-35 this chapter are:

6-36 1. Unprofessional conduct.

6-37 2. Conviction of:

6-38 (a) A felony;

6-39 (b) Any offense involving moral turpitude; or

6-40 (c) A violation of any federal or state law regulating the possession,

6-41 distribution or use of any controlled substance as defined in chapter 453

6-42 of NRS or dangerous drugs as defined in chapter 454 of NRS.

6-43 3. Fraud or deception in:

7-1 (a) Applying for the issuance or renewal of a license;

7-2 (b) Undergoing the initial examination; or

7-3 (c) Rendering services as a licensed electrician.

7-4 4. Allowing the unauthorized use of a license issued pursuant to this

7-5 chapter.

7-6 5. Professional incompetence.

7-7 6. Habitual drunkenness.

7-8 Sec. 22. 1. The board or any of its members who become aware of

7-9 any ground for initiating disciplinary action against a licensed

7-10 electrician in this state shall, and any other person who is so aware may,

7-11 file a written complaint with the board.

7-12 2. The complaint must specifically:

7-13 (a) Set forth the relevant facts; and

7-14 (b) Charge one or more grounds for initiating disciplinary action.

7-15 3. As soon as practicable after the filing of the complaint, the board

7-16 shall fix a date for a hearing on the matter. The date must not be later

7-17 than 30 days after the date on which the complaint is filed with the

7-18 board, except that the date may be extended upon agreement of both the

7-19 licensee and the board.

7-20 4. The secretary of the board shall:

7-21 (a) Notify the person that a complaint against him has been filed;

7-22 (b) Inform him of the date, time and place set for the hearing; and

7-23 (c) Include a copy of the complaint with the notice.

7-24 5. The notice and complaint may be served on the person by delivery

7-25 to him personally or by registered or certified mail to him at his last

7-26 known address.

7-27 Sec. 23. 1. If the board finds the person guilty as charged in the

7-28 complaint, it may:

7-29 (a) Place the person on probation for a specified period or until

7-30 further order of the board;

7-31 (b) Administer to the person a public or private reprimand;

7-32 (c) Suspend the license of the person to practice as an electrician for a

7-33 specified period or until further order of the board;

7-34 (d) Revoke the license of the person to practice as an electrician;

7-35 (e) Impose a fine of not more than $5,000, which must be deposited

7-36 with the state treasurer for credit to the state general fund; or

7-37 (f) Take any combination of the actions authorized by paragraphs (a)

7-38 to (e), inclusive.

7-39 2. The order of the board may contain such other terms, provisions

7-40 or conditions as the board deems proper.

7-41 3. If the board revokes or suspends a license for a specified period,

7-42 the holder of the license may apply for a rehearing within 10 days after

7-43 the date on which the license is revoked or suspended.

8-1 4. A person whose license has been revoked pursuant to this section

8-2 may not apply for reinstatement of his license before 1 year after the date

8-3 his license is revoked. The board may accept or reject such an

8-4 application and may require the successful completion of an examination

8-5 as a condition of reinstatement.

8-6 Sec. 24. 1. Any records or information obtained during the course

8-7 of an investigation by the board and any record of the investigation are

8-8 confidential until the investigation is completed. Upon completion of the

8-9 investigation, the information and records are public records, only if:

8-10 (a) Disciplinary action is imposed by the board as a result of the

8-11 investigation; or

8-12 (b) The person regarding whom the investigation was made submits a

8-13 written request to the board asking that the information and records be

8-14 made public records.

8-15 2. This section does not prohibit the board from providing any such

8-16 records or information to another licensing board or any agency,

8-17 including a law enforcement agency, that is investigating a person

8-18 licensed pursuant to this chapter.

8-19 Sec. 25. 1. A person shall not:

8-20 (a) Practice as an electrician; or

8-21 (b) Hold himself out as qualified to practice as an electrician,

8-22 without first obtaining a license as provided by this chapter.

8-23 2. A person who violates any provision of this section is guilty of a

8-24 misdemeanor.

8-25 Sec. 26. 1. A violation of this chapter by a person unlawfully

8-26 representing himself as an electrician may be enjoined by a district court

8-27 upon petition by the board. In any such proceeding, it is not necessary to

8-28 show that a person is or was individually injured.

8-29 2. If a person is found guilty of misrepresenting himself as an

8-30 electrician, the court shall enjoin him from making such representations

8-31 until he has been licensed pursuant to this chapter. The procedure in

8-32 such a proceeding must be the same as for any other application for an

8-33 injunction.

8-34 3. The remedy of an injunction is in addition to any applicable

8-35 criminal prosecution and punishment.

8-36 Sec. 27. Chapter 624 of NRS is hereby amended by adding thereto a

8-37 new section to read as follows:

8-38 The board shall not issue any license that authorizes a person to install

8-39 any electrical wires, fixtures, appliances, apparatuses, raceways or

8-40 conduits.

8-41 Sec. 28. NRS 624.215 is hereby amended to read as follows:

8-42 624.215 1. For the purpose of classification, the contracting business

8-43 includes the following branches:

9-1 (a) General engineering contracting.

9-2 (b) General building contracting.

9-3 (c) Specialty contracting.

9-4 General engineering contracting and general building contracting are

9-5 mutually exclusive branches.

9-6 2. A general engineering contractor is a contractor whose principal

9-7 contracting business is in connection with fixed works, including

9-8 irrigation, drainage, water supply, water power, flood control, harbors,

9-9 railroads, highways, tunnels, airports and airways, sewers and sewage

9-10 disposal systems, bridges, inland waterways, pipelines for transmission of

9-11 petroleum and other liquid or gaseous substances, refineries, chemical

9-12 plants and industrial plants requiring a specialized engineering knowledge

9-13 and skill, power plants, piers and foundations and structures or work

9-14 incidental thereto.

9-15 3. A general building contractor is a contractor whose principal

9-16 contracting business is in connection with the construction or remodeling

9-17 of buildings or structures for the support, shelter and enclosure of persons,

9-18 animals, chattels or movable property of any kind, requiring in their

9-19 construction the use of more than two unrelated building trades or crafts,

9-20 upon which he is a prime contractor and where the construction or

9-21 remodeling of a building is the primary purpose. Unless he holds the

9-22 appropriate specialty license, a general building contractor may only

9-23 contract to perform specialty contracting if he is a prime contractor on a

9-24 project. A general building contractor shall not perform specialty

9-25 contracting in plumbing, [electrical,] refrigeration and air conditioning , or

9-26 fire protection without a license for the specialty [.] issued pursuant to this

9-27 chapter. A person who exclusively constructs or repairs mobile homes,

9-28 manufactured homes or commercial coaches is not a general building

9-29 contractor.

9-30 4. A specialty contractor is a contractor whose operations as such are

9-31 the performance of construction work requiring special skill and whose

9-32 principal contracting business involves the use of specialized building

9-33 trades or crafts.

9-34 5. This section does not prevent the board from establishing,

9-35 broadening, limiting or otherwise effectuating classifications in a manner

9-36 consistent with established custom, usage and procedure found in the

9-37 building trades. The board is specifically prohibited from establishing

9-38 classifications in such a manner as to determine or limit craft jurisdictions.

9-39 Sec. 29. NRS 624.330 is hereby amended to read as follows:

9-40 624.330 This chapter does not apply to:

9-41 1. Work done exclusively by an authorized representative of the

9-42 United States Government, the State of Nevada, or an incorporated city,

10-1 county, irrigation district, reclamation district, or other municipal or

10-2 political corporation or subdivision of this state.

10-3 2. An officer of a court when acting within the scope of his office.

10-4 3. Work done exclusively by a public utility operating pursuant to the

10-5 regulations of the public utilities commission of Nevada on construction,

10-6 maintenance and development work incidental to its own business.

10-7 4. An owner of property who is building or improving a residential

10-8 structure on the property for his own occupancy and not intended for sale.

10-9 The sale or offering for sale of the newly built structure within 1 year after

10-10 its completion creates a rebuttable presumption for the purposes of this

10-11 section that the building of the structure was performed with intent to sell.

10-12 5. An owner of a complex containing not more than four

10-13 condominiums, townhouses, apartments or cooperative units, the managing

10-14 officer of the owner or an employee of the managing officer, who performs

10-15 work to repair or maintain that property the value of which is less than

10-16 $500, including labor and materials, unless:

10-17 (a) A building permit is required to perform the work;

10-18 (b) The work is of a type performed by a plumbing, [electrical,]

10-19 refrigeration, heating or air-conditioning contractor;

10-20 (c) The work is of a type performed by a contractor licensed in a

10-21 classification prescribed by the board that significantly affects the health,

10-22 safety and welfare of members of the general public;

10-23 (d) The work is performed as a part of a larger project:

10-24 (1) The value of which is $500 or more; or

10-25 (2) For which contracts of less than $500 have been awarded to

10-26 evade the provisions of this chapter; or

10-27 (e) The work is performed by a person who is licensed pursuant to this

10-28 chapter or by an employee of such a person.

10-29 6. The sale or installation of any finished product, material or article of

10-30 merchandise which is not actually fabricated into and does not become a

10-31 permanent fixed part of the structure.

10-32 7. The construction, alteration, improvement or repair of personal

10-33 property.

10-34 8. The construction, alteration, improvement or repair financed in

10-35 whole or in part by the Federal Government and carried on within the

10-36 limits and boundaries of a site or reservation, the title of which rests in the

10-37 Federal Government.

10-38 9. An owner of property, the primary use of which is as an agricultural

10-39 or farming enterprise, building or improving a structure on the property for

10-40 his own use or occupancy and not intended for sale or lease.

10-41 10. An owner of property who builds or improves a structure upon his

10-42 property and who contracts solely with a managing contractor licensed

10-43 pursuant to the provisions of this chapter for the building or improvement,

11-1 if the owner is and remains financially responsible for the building or

11-2 improving of all buildings and structures built by the owner upon his

11-3 property pursuant to the exemption of this subsection.

11-4 Sec. 30. NRS 218.825 is hereby amended to read as follows:

11-5 218.825 1. Each of the boards and commissions created by the

11-6 provisions of chapters 623 to 625A, inclusive, [chapters] 628 to 644,

11-7 inclusive, [and chapters] 654 and 656 of NRS and sections 2 to 26,

11-8 inclusive, of this act shall engage the services of a certified public

11-9 accountant or public accountant, or firm of either of such accountants, to

11-10 audit all [of] its fiscal records once each year for the preceding fiscal year

11-11 or once every other year for the 2 preceding fiscal years. The cost of the

11-12 audit must be paid by the board or commission audited.

11-13 2. A report of each such audit must be filed by the board or

11-14 commission with the legislative auditor and the director of the budget on or

11-15 before December 1 of each year in which an audit is conducted. All audits

11-16 must be conducted in accordance with generally accepted auditing

11-17 standards and all financial statements must be prepared in accordance with

11-18 generally accepted principles of accounting for special revenue funds.

11-19 3. The legislative auditor shall audit the fiscal records of any such

11-20 board or commission whenever directed to do so by the legislative

11-21 commission. When the legislative commission directs such an audit, it

11-22 shall also determine who is to pay the cost of the audit.

11-23 Sec. 31. NRS 353A.010 is hereby amended to read as follows:

11-24 353A.010 As used in this chapter, unless the context otherwise

11-25 requires:

11-26 1. "Agency" means every agency, department, division, board,

11-27 commission or similar body, or elected officer, of the executive branch of

11-28 the state, except:

11-29 (a) A board or commission created by the provisions of chapters 623 to

11-30 625, inclusive, 628 to 644, inclusive, 654 and 656 of NRS [.] , and

11-31 sections 2 to 26, inclusive, of this act.

11-32 (b) The University and Community College System of Nevada.

11-33 (c) The public employees’ retirement system.

11-34 (d) The state industrial insurance system.

11-35 (e) The housing division of the department of business and industry.

11-36 (f) The Colorado River commission.

11-37 2. "Director" means the director of the department of administration.

11-38 3. "Internal accounting and administrative control" means a method

11-39 through which agencies can safeguard assets, check the accuracy and

11-40 reliability of their accounting information, promote efficient operations

11-41 and encourage adherence to prescribed managerial policies.

12-1 Sec. 32. The state contractors’ board shall notify each person who is

12-2 licensed to practice electrical contracting or engineering pursuant to

12-3 chapter 624 of NRS of the licensing requirements for electrical contractors

12-4 as set forth in this act.

12-5 Sec. 33. Notwithstanding the provisions of section 12 of this act, the

12-6 board of electricians’ examiners shall, without examination, license as an

12-7 electrician any person who appears before the board on or before July 1,

12-8 2000, who:

12-9 1. Is licensed in good standing in this state to perform electrical

12-10 contracting pursuant to the regulations adopted by the state contractors’

12-11 board;

12-12 2. Provides evidence satisfactory to the board of electricians’

12-13 examiners that he has the required experience and training; and

12-14 3. Submits to the board of electricians’ examiners:

12-15 (a) A completed application; and

12-16 (b) The fees required pursuant to section 13 of this act.

12-17 Sec. 34. Notwithstanding the provisions of section 25 of this act, a

12-18 person who wishes to practice as an electrician is not required to be

12-19 licensed pursuant to the provisions of this act before July 1, 2000.

12-20 Sec. 35. 1. As soon as practicable, the governor shall appoint to

12-21 terms beginning on October 1, 1999, to the board of electricians’

12-22 examiners:

12-23 (a) One member whose term expires on September 30, 2000;

12-24 (b) Two members whose terms expire on September 30, 2001; and

12-25 (c) Two members whose terms expire on September 30, 2002.

12-26 2. Notwithstanding the provisions of section 5 of this act, the governor

12-27 shall appoint as the initial representatives of electricians to the board of

12-28 electricians’ examiners persons who are eligible for licensing pursuant to

12-29 this act.

12-30 Sec. 36. Sections 15, 16 and 17 of this act expire by limitation on the

12-31 date on which the provisions of 42 U.S.C. § 666 requiring each state to

12-32 establish procedures under which the state has authority to withhold or

12-33 suspend, or to restrict the use of professional, occupational and recreational

12-34 licenses of persons who:

12-35 1. Have failed to comply with a subpoena or warrant relating to a

12-36 proceeding to determine the paternity of a child or to establish or enforce

12-37 an obligation for the support of a child; or

12-38 2. Are in arrears in the payment for the support of one or more

12-39 children,

12-40 are repealed by the Congress of the United States.

12-41 Sec. 37. 1. Notwithstanding any other provision of this act and

12-42 except as otherwise provided in this section, if, on October 1, 1999, there

12-43 are any disciplinary actions pending against an electrician before the state

13-1 contractors’ board, the state contractors’ board retains jurisdiction over the

13-2 matter until the matter is resolved.

13-3 2. The state contractors’ board shall not accept any complaint and,

13-4 except as otherwise provided in subsection 1, is divested of jurisdiction

13-5 over all matters concerning electricians on or after October 1, 1999. The

13-6 state contractors’ board shall forward any complaint about an electrician

13-7 that the state contractors’ board receives on or after October 1, 1999, to the

13-8 board of electricians’ examiners.

13-9 3. Upon the agreement of the state contractors’ board and the board of

13-10 electricians’ examiners, the state contractors’ board may forward to the

13-11 board of electricians’ examiners any complaint filed with the state

13-12 contractors’ board against an electrician before October 1, 1999, if the state

13-13 contractors’ board has not taken any action on the complaint.

13-14 Sec. 38. 1. This section and sections 32 and 35 of this act become

13-15 effective on July 1, 1999.

13-16 2. Sections 1 to 31, inclusive, 33, 34, 36 and 37 of this act become

13-17 effective on October 1, 1999.

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