Senate Bill No. 128–Senators O’Donnell, O’Connell, Amodei, Coffin,

Jacobsen, James, Mathews, McGinness, Neal, Porter, Raggio, Rawson,

Rhoads, Schneider, Shaffer, Townsend and Washington

CHAPTER........

AN ACT relating to contractors; authorizing the state contractors’ board to request the public

utilities commission of Nevada to order providers of telephone service to disconnect

a telephone number included in advertisements for services for which the advertiser

does not have the required license; authorizing the board to request a provider of

paging services to switch a beeper number or disconnect paging services to a beeper

included in such advertising; requiring such providers of services to comply with the

orders; and providing other matters properly relating thereto.

 

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 624.3017 is hereby amended to read as follows:

624.3017 The following acts, among others, constitute cause for

disciplinary action under NRS 624.300:

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.

Sec. 2. NRS 624.307 is hereby amended to read as follows:

  1. 624.307 1. It is unlawful for any person, including a person exempt
  1. under the provisions of NRS 624.330, to advertise as a contractor unless he
  1. has a [valid] license in the appropriate classification established by the
  1. provisions of NRS 624.215 and 624.220.
  1. 2. All advertising by a licensed contractor must include the number
  1. of his license.

3. If, after giving notice and holding a hearing pursuant to NRS

624.310, the board determines that a person has engaged in advertising

in a manner that violates the provisions of this section, the board may, in

addition to any penalty, punishment or disciplinary action authorized by

the provisions of this chapter, issue an order to the person to cease and

desist the unlawful advertising and to:

(a) Cause any telephone number included in the advertising, other

than a telephone number to a provider of paging services, to be

disconnected.

(b) Request the provider of paging services to change the number of

any beeper which is included in the advertising or disconnect the paging

services to such a beeper, and to inform the provider of paging services

that the request is made pursuant to this section.

4. If a person fails to comply with paragraph (a) of subsection 3

within 5 days after the date that he receives an order pursuant to

subsection 3, the board may request the public utilities commission of

Nevada to order the appropriate provider of telephone service to

disconnect any telephone number included in the advertisement, except

for a telephone number to a provider of paging services. If a person fails

to comply with paragraph (b) of subsection 3 within 5 days after the date

he receives an order pursuant to subsection 3, the board may request the

provider of paging services to switch the beeper number or disconnect the

paging services provided to the person, whichever the provider deems

appropriate.

5. If the provider of paging services receives a request from a person

pursuant to subsection 3 or a request from the board pursuant to

subsection 4, it shall:

(a) Disconnect the paging service to the person; or

(b) Switch the beeper number of the paging service provided to the

person.

If the provider of paging services elects to switch the number pursuant to

paragraph (b), it shall not forward or offer to forward the paging calls

from the previous number, or provide or offer to provide a recorded

message that includes the new beeper number.

  1. 6. As used in this section [, "advertising"] :
  1. (a) "Advertising" includes , but is not limited to , the issuance of any
  1. sign, card or device , or [by] the permitting or allowing of any sign or
  1. marking on a motor vehicle, in any building, structure, newspaper,
  1. magazine or airway transmission or in any directory under the listing of
    " contractor " with or without any limiting qualifications.
  1. [3. All advertising by a licensed contractor must include the number of
  1. his license.]

(b) "Beeper" means a portable electronic device which is used to page

the person carrying it by emitting an audible or a vibrating signal when

the device receives a special radio signal.

(c) "Provider of paging services" means an entity, other than a public

utility, that provides paging service to a beeper.

(d) "Provider of telephone service" has the meaning ascribed to it in

NRS 707.355.

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 , has

probable cause to believe that a person has violated 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, the board must

notify the contractor by certified mail. A hearing must be held within 30

days after the suspension if the contractor submits a written request for a

hearing to the board within 20 days after the board summarily suspends his

license.

Sec. 4. Chapter 703 of NRS is hereby amended by adding thereto a

new section to read as follows:

1. Upon receiving a request from the state contractors’ board to

disconnect a telephone number pursuant to NRS 624.307, the

commission shall issue an order to the appropriate provider of telephone

service to disconnect the telephone number.

2. Compliance in good faith by a provider of telephone service with

an order of the commission 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.

3. As used in this section, "provider of telephone service" has the

meaning ascribed to it in NRS 707.355.

Sec. 5. 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) A court has ordered the disconnection of a telephone number

pursuant to NRS 706.2855 [,] ; or

(b) The public utilities commission of Nevada has ordered the

disconnection of a telephone number pursuant to NRS 624.307 and

section 4 of this act,

take such action as is necessary to carry out the order of the court [.] or the

public utilities commission of Nevada.

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.

Sec. 6. Subsection 5 of section 2 of this act shall not be interpreted or

applied in a manner to unconstitutionally interfere with contractual rights in

effect at the time this act becomes effective. For purposes of this section,

the date the contract was last renewed shall be deemed to be the effective

date of the rights contained therein.

Sec. 7. Section 3 of this act becomes effective at 12:01 a.m. on

October 1, 1999.

  1. ~