Senate Amendment to Senate Bill No. 128 (BDR 54-607)
Proposed by: Committee on Commerce and Labor
Amendment Box:
Amends: Summary: Title: Preamble: Joint Sponsorship:
ASSEMBLY ACTION
Initial and Date | SENATE ACTION Initial and DateAdopted Lost | Adopted Lost
Concurred In Not | Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by renumbering section 1 as sec. 2 and adding a new section designated section 1, following the enacting clause, to read as follows:
"Section 1. NRS 624.3017 is hereby amended to read as follows:
1. Workmanship which is not commensurate with standards of the trade in general or which is below the standards in the building or construction codes adopted by the city or county in which the work is performed. If no applicable building or construction code has been adopted locally, then workmanship must meet the standards prescribed in the Uniform Building Code, Uniform Plumbing Code or National Electrical Code in the form of the code most recently approved by the board. The board shall review each edition of the Uniform Building Code, Uniform Plumbing Code or National Electrical Code that is published after the 1996 edition to ensure its suitability. Each new edition of the code shall be deemed approved by the board unless the edition is disapproved by the board within 60 days of the publication of the code.
2. Advertising projects of construction without including in the advertisements the name and license number of the licensed contractor who is responsible for the construction.
3. Advertising projects of construction beyond the scope of the license.
".Amend section 1, pages 1 and 2, by deleting lines 8 through 12 on page 1 and lines 1 through 4 on page 2 and inserting:
"
3. If, upon investigation, the board or the executive officer has probable cause to believe that a person has engaged in advertising in a telephone directory that violates the provisions of this section, the board or the executive officer may issue an order to cease and desist the unlawful advertising. The order must be served personally or by certified mail and is effective upon receipt.4. A person who is issued an order to cease and desist pursuant to subsection 3 may contest the order within 15 days after the date that he receives the order. If the person contests the order within 15 days after he receives the order, the board shall hold a hearing pursuant to NRS 624.310 within 90 days after the date that the board receives the notification. If the person does not contest the order within 15 days after the date that he receives the order, the order shall be deemed a final order of the board.
5. If the order becomes a final order of the board, the board may, in addition to any penalty, punishment or disciplinary action authorized by the provisions of this chapter, issue an order that requires any telephone number included in the advertisement to be disconnected from service. The board shall forward the order to the appropriate provider of telephone service within 5 days after the order is issued.
6. Compliance in good faith by a provider of telephone service with an order of the board to terminate service issued pursuant to this section shall constitute a complete defense to any civil or criminal action brought against the provider of telephone service arising from the termination of service.
7.
As used in this sectionAmend the bill as a whole by deleting sections 2 through 8 and adding a new section designated sec. 3, following section 1, to read as follows:
"Sec. 3. NRS 624.310 is hereby amended to read as follows:
624.310 1. Except as otherwise provided in subsection 4, if the board refuses to issue or renew a license, suspends or revokes a license , issues an order to cease and desist pursuant to subsection 3 of NRS 624.307 or imposes an administrative fine pursuant to NRS 624.235, the board shall hold a hearing. The time and place for the hearing must be fixed by the board, and notice of the time and place of the hearing must be personally served on the applicant or accused or mailed to the last known address of the applicant or accused at least 30 days before the date fixed for the hearing.2. The testimony taken pursuant to NRS 624.170 to 624.210, inclusive, must be considered a part of the record of the hearing before the board.
3. The hearing must be public if a request is made therefor.
4. The board may suspend the license of a contractor without a hearing if the board finds, based upon evidence in its possession, that the public health, safety or welfare imperatively requires summary suspension of the license of the contractor and incorporates that finding in its order. If the board summarily suspends the license of the contractor, a hearing must be held within 30 days after the suspension.".
Amend sec. 9, pages 5 and 6, by deleting lines 36 through 40 on page 5 and lines 1 through 24 on page 6 and inserting:
"Sec. 4. NRS 707.355 is hereby amended to read as follows:
707.355 1. Each provider of telephone service in this state shall, when notified that
(a) A
court has ordered the disconnection of a telephone number pursuant to NRS 706.2855(b) The state contractor’s board has ordered the disconnection of a telephone number pursuant to NRS 624.307,
take such action as is necessary to carry out the order of the court
2.
A provider of telephone service shall not:(a) Forward or offer to forward the telephone calls of a telephone number disconnected from service pursuant to the provisions of this section; or
(b) Provide or offer to provide a recorded message that includes the new telephone number for a business whose telephone number was disconnected from service pursuant to the provisions of this section.
3.
As used in this section, "provider of telephone service" includes, but is not limited to:(a) A public utility furnishing telephone service.
(b) A provider of cellular or other service to a telephone that is installed in a vehicle or is otherwise portable.".
Amend the title of the bill by deleting the first through fourth lines and inserting:
"AN ACT relating to contractors; authorizing the state contractor’s board to order providers of telephone service to disconnect a telephone number included in certain advertisements for services for which the advertiser does not have the required license; requiring each provider of telephone service to".
Amend the summary of the bill to read as follows:
"SUMMARY—Authorizes state contractor’s board to order provider of telephone service to disconnect telephone number included in certain advertisements for services for which advertiser does not have license. (BDR 54-607)".