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
February 5, 1999
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Referred to Committee on Commerce and Labor
SUMMARY—Authorizes state contractors’ board to request public utilities commission of Nevada 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)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. NRS 624.3017 is hereby amended to read as follows: 624.3017 The following acts, among others, constitute cause for1-3
disciplinary action under NRS 624.300:1-4
1. Workmanship which is not commensurate with standards of the1-5
trade in general or which is below the standards in the building or1-6
construction codes adopted by the city or county in which the work is1-7
performed. If no applicable building or construction code has been adopted1-8
locally, then workmanship must meet the standards prescribed in the1-9
Uniform Building Code, Uniform Plumbing Code or National Electrical1-10
Code in the form of the code most recently approved by the board. The1-11
board shall review each edition of the Uniform Building Code, Uniform1-12
Plumbing Code or National Electrical Code that is published after the 19962-1
edition to ensure its suitability. Each new edition of the code shall be2-2
deemed approved by the board unless the edition is disapproved by the2-3
board within 60 days of the publication of the code.2-4
2. Advertising projects of construction without including in the2-5
advertisements the name and license number of the licensed contractor who2-6
is responsible for the construction.2-7
3. Advertising projects of construction beyond the scope of the2-8
license.2-9
Sec. 2. NRS 624.307 is hereby amended to read as follows: 624.307 1. It is unlawful for any person, including a person exempt2-11
under the provisions of NRS 624.330, to advertise as a contractor unless he2-12
has a2-13
provisions of NRS 624.215 and 624.220.2-14
2. All advertising by a licensed contractor must include the number2-15
of his license.2-16
3. If, after giving notice and holding a hearing pursuant to NRS2-17
624.310, the board determines that a person has engaged in advertising2-18
in a telephone directory in a manner that violates the provisions of this2-19
section, the board may, in addition to any penalty, punishment or2-20
disciplinary action authorized by the provisions of this chapter, issue an2-21
order to cease and desist the unlawful advertising and to disconnect any2-22
telephone number included in the advertising.2-23
4. If a person who is issued an order to cease and desist pursuant to2-24
subsection 3 fails to disconnect any telephone number included in the2-25
advertisement within 5 days after the date that he receives the order, the2-26
board may request the public utilities commission of Nevada to order the2-27
appropriate provider of telephone service to disconnect any telephone2-28
number included in the advertisement.2-29
5. As used in this section2-30
(a) "Advertising" includes , but is not limited to , the issuance of any2-31
sign, card or device , or2-32
marking on a motor vehicle, in any building, structure, newspaper,2-33
magazine or airway transmission or in any directory under the listing of2-35
2-36
2-37
(b) "Provider of telephone service" has the meaning ascribed to it in2-38
NRS 707.355.2-39
Sec. 3. NRS 624.310 is hereby amended to read as follows: 624.310 1. Except as otherwise provided in subsection 4, if the board2-41
refuses to issue or renew a license, suspends or revokes a license , has2-42
probable cause to believe that a person has violated NRS 624.307 or2-43
imposes an administrative fine pursuant to NRS 624.235, the board shall3-1
hold a hearing. The time and place for the hearing must be fixed by the3-2
board, and notice of the time and place of the hearing must be personally3-3
served on the applicant or accused or mailed to the last known address of3-4
the applicant or accused at least 30 days before the date fixed for the3-5
hearing.3-6
2. The testimony taken pursuant to NRS 624.170 to 624.210, inclusive,3-7
must be considered a part of the record of the hearing before the board.3-8
3. The hearing must be public if a request is made therefor.3-9
4. The board may suspend the license of a contractor without a hearing3-10
if the board finds, based upon evidence in its possession, that the public3-11
health, safety or welfare imperatively requires summary suspension of the3-12
license of the contractor and incorporates that finding in its order. If the3-13
board summarily suspends the license of the contractor, a hearing must be3-14
held within 30 days after the suspension.3-15
Sec. 4. Chapter 703 of NRS is hereby amended by adding thereto a3-16
new section to read as follows:3-17
1. Within 30 days after the date that the commission receives a3-18
request from the state contractors’ board to disconnect a telephone3-19
number pursuant to NRS 624.307, the commission shall issue an order to3-20
the appropriate provider of telephone service without holding a hearing.3-21
2. Compliance in good faith by a provider of telephone service with3-22
an order of the commission to terminate service issued pursuant to this3-23
section shall constitute a complete defense to any civil or criminal action3-24
brought against the provider of telephone service arising from the3-25
termination of service.3-26
3. As used in this section, "provider of telephone service" has the3-27
meaning ascribed to it in NRS 707.355.3-28
Sec. 5. NRS 707.355 is hereby amended to read as follows:3-29
707.355 1. Each provider of telephone service in this state shall,3-30
when notified that3-31
(a) A court has ordered the disconnection of a telephone number3-32
pursuant to NRS 706.28553-33
(b) The public utilities commission of Nevada has ordered the3-34
disconnection of a telephone number pursuant to NRS 624.307 and3-35
section 4 of this act,3-36
take such action as is necessary to carry out the order of the court3-37
public utilities commission of Nevada.3-38
2. A provider of telephone service shall not:3-39
(a) Forward or offer to forward the telephone calls of a telephone3-40
number disconnected from service pursuant to the provisions of this3-41
section; or4-1
(b) Provide or offer to provide a recorded message that includes the4-2
new telephone number for a business whose telephone number was4-3
disconnected from service pursuant to the provisions of this section.4-4
3. As used in this section, "provider of telephone service" includes, but4-5
is not limited to:4-6
(a) A public utility furnishing telephone service.4-7
(b) A provider of cellular or other service to a telephone that is installed4-8
in a vehicle or is otherwise portable.~