Amendment No

Amendment No. 908

Senate Amendment to Senate Bill No. 132 First Reprint (BDR 53‑235)

Proposed by: Senator Coffin

Amendment Box:

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

Adoption of this amendment will MAINTAIN a 2/3s majority vote requirement for final passage of SB132 R1 (§§ 6, 11, 14, 29, 34, 38).

ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not |Concurred In Not

Receded Not | Receded Not

Amend the bill as a whole by deleting sections 1 through 30 and adding new sections designated sections 1 through 56, following the enacting clause, to read as follows:

“Section 1. Chapter 624 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 17, inclusive, of this act.

Sec. 2. As used in NRS 624.240 to 624.750, inclusive, unless the context otherwise requires, “license” means a contractor’s license issued pursuant to NRS 624.240 to 624.288, inclusive.

Sec. 3. As used in sections 3 to 17, inclusive, of this act, unless the context otherwise requires:

1. “Mold” means any form of multicellular fungi that lives on plant or animal matter and in indoor environments, which may or may not be a health hazard. The term includes, without limitation, the following types of mold:

(a) Clasdosporium;

(b) Penicillium;

(d) Aspergillus;

(e) Fuarim;

(f) Trichoderma;

(g) Memnoniella;

(h) Mucor; and

(i) Stachybotrys chartarum.

2. “Remediation of mold” includes, without limitation:

(a) The enclosure or removal of mold or material containing mold from a building or structure, including any associated mechanical systems inside or outside the building or structure;

(b) The abatement of mold or material containing mold in a building or structure, including any associated mechanical systems inside or outside the building or structure;

(d) Any activity connected with the enclosure, removal, abatement, repair, renovation or demolition of a building or structure containing mold or material containing mold.

Sec. 4. The provisions of sections 3 to 17, inclusive, of this act do not apply to the remediation of mold by a person in his residence, or by the developer, contractor or any subcontractor who constructed the residence.

Sec. 5. 1. The Board shall adopt regulations establishing standards and procedures for the licensure of persons engaged in the remediation of mold.

2. The regulations must include, without limitation, standards for:

(a) Examinations;

(b) Qualifications;

(d) Revocation of licenses; and

(e) Continuing education.

3. The Board shall not adopt any regulation concerning the effect various types of mold may have on human health or designating what types of mold are health hazards unless federal standards have been adopted for this purpose and the regulation of the Board is in compliance with those federal standards or the regulation is in compliance with generally accepted scientific practices for the remediation of mold.

Sec. 6. The Board shall:

1. Establish by regulation a schedule of fees designed to recover revenue to defray the cost of carrying out the provisions of sections 3 to 17, inclusive, of this act.

2. Collect fees for applications, the issuance and renewal of licenses, examinations, job notifications and inspections, recordkeeping and any other activity of the Board related to the provisions of sections 3 to 17, inclusive, of this act.

Sec. 7. 1. A person shall not engage in the remediation of mold unless he holds a license issued by the Board.

2. A person licensed to engage in the remediation of mold shall not engage in the remediation of mold on any building or structure for which the inspection and testing of mold was performed by a person who is:

(a) Related by blood or marriage to the person licensed to engage in the remediation of mold; or

(b) In any type of business relationship with the person licensed to engage in the remediation of mold.

Sec. 8. A person applying for a license to engage in the remediation of mold must:

1. Submit an application on a form prescribed and furnished by the Board;

2. Pass an examination approved or administered by the Board;

3. Present proof satisfactory to the Board that he is insured to the extent determined necessary by the Board for the appropriate activities associated with the remediation of mold that are permitted under the requested license, for the effective period of the license; and

4. Comply with any additional requirements established by the Board.

Sec. 9. 1. An applicant for the issuance or renewal of a license to engage in the remediation of mold shall submit to the Board the statement prescribed by the Welfare Division of the Department of Human Resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

2. The Board shall include the statement required pursuant to subsection 1 in:

(a) The application or any other forms that must be submitted for the issuance or renewal of the license; or

(b) A separate form prescribed by the Board.

3. A license to engage in the remediation of mold may not be issued or renewed by the Board if the applicant:

(a) Fails to submit the statement required pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

4. If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

Sec. 10. An application for the issuance of a license to engage in the remediation of mold must include the social security number of the applicant.

Sec. 11. 1. A license to engage in the remediation of mold expires on December 31 of each year.

2. To renew a license to engage in the remediation of mold, a person must, on or before January 1 of each year:

(a) Apply to the Board for renewal;

(b) Submit the statement required pursuant to section 9 of this act;

(d) Submit evidence satisfactory to the Board of his completion of the requirements for continuing education or training established by the Board, if any.

3. The Board may adopt regulations requiring continuing education or training of persons who are licensed to engage in the remediation of mold and, as a prerequisite to the renewal or restoration of such a license, require each licensee to comply with those requirements.

Sec. 12. 1. The State Environmental Commission shall adopt, by regulation, standards for the disposal of mold and material containing mold removed from a building or structure during a project for the remediation of mold.

2. All mold and material containing mold removed from a building or structure during a project for the remediation of mold must be disposed of in accordance with the regulations adopted by the State Environmental Commission pursuant to subsection 1.

Sec. 13. 1. If the Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license to engage in the remediation of mold, the Board shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Board receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

2. The Board shall reinstate a license to engage in the remediation of mold that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

Sec. 14. 1. If the Board finds that a person has violated any of the provisions of sections 3 to 17, inclusive, of this act, or any standard or regulation adopted pursuant thereto, the Board may:

(a) Upon the first violation, impose upon the person an administrative fine of not more than $15,000.

(b) Upon the second and subsequent violations:

(1) Impose upon the person an administrative fine of not more than $25,000; and

(2) If the person is licensed to engage in the remediation of mold, revoke his license and require the person to fulfill certain requirements, as determined by the Board, to have his license reinstated.

2. Any penalty imposed pursuant to this section does not relieve the person from criminal prosecution for engaging in the remediation of mold without a license.

3. If the license of a contractor for projects for the remediation of mold is revoked pursuant to this section and the owner of a building or structure upon which the contractor is engaged in a project employs another licensed contractor to complete the project, the original contractor may not bring an action against the owner of the building or structure for breach of contract or damages based on the employment of another contractor.

Sec. 15. 1. If the Board intends to revoke a person’s license to engage in the remediation of mold, the Board shall first notify the person by certified mail. The notice must contain a statement of the Board’s legal authority, jurisdiction and reasons for the proposed action.

2. Notwithstanding the notification requirements of subsection 1, if the Board finds that protection of the public health requires immediate action, the Board may order a summary suspension of such a license pending proceedings for revocation.

3. A person is entitled to a hearing to contest the summary suspension or proposed revocation of his license. A request for such a hearing must be made pursuant to regulations adopted by the Board.

4. Upon receiving a request for a hearing to contest a summary suspension, the Board shall hold a hearing within 10 days after the date of the receipt of the request.

Sec. 16. 1. The Board may maintain in any court of competent jurisdiction a suit for an injunction against any person engaged in the remediation of mold in violation of any of the provisions of sections 3 to 17, inclusive, of this act or any standard or regulation adopted by the Board pursuant thereto.

2. An injunction:

(a) May be issued without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.

(b) Does not relieve the person from criminal liability for engaging in the remediation of mold without a license.

Sec. 17. Any person who engages in the remediation of mold without a license issued by the Board is guilty of a misdemeanor.

Sec. 18. NRS 624.031 is hereby amended to read as follows:

624.031 The provisions of [this chapter] NRS 624.005 to 624.750, inclusive, do not apply to:

1. Work performed exclusively by an authorized representative of the United States Government, the State of Nevada, or an incorporated city, county, irrigation district, reclamation district, or other municipal or political corporation or subdivision of this state.

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

3. Work performed exclusively by a public utility operating pursuant to the regulations of the Public Utilities Commission of Nevada on construction, maintenance and development work incidental to its business.

4. An owner of property who is building or improving a residential structure on the property for his own occupancy and not intended for sale or lease. The sale or lease, or the offering for sale or lease, of the newly built structure within 1 year after its completion creates a rebuttable presumption for the purposes of this section that the building of the structure was performed with the intent to sell or lease that structure. An owner of property who requests an exemption pursuant to this subsection must apply to the Board for the exemption. The Board shall adopt regulations setting forth the requirements for granting the exemption.

5. An owner of a complex containing not more than four condominiums, townhouses, apartments or cooperative units, the managing officer of the owner or an employee of the managing officer, who performs work to repair or maintain that property the value of which is less than $500, including labor and materials, unless:

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

(b) The work is of a type performed by a plumbing, electrical, refrigeration, heating or air-conditioning contractor;

(c) The work is of a type performed by a contractor licensed in a classification prescribed by the Board that significantly affects the health, safety and welfare of members of the general public;

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

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

(2) For which contracts of less than $500 have been awarded to evade the provisions of this chapter; or

(e) The work is performed by a person who is licensed pursuant to this chapter or by an employee of that person.

6. The sale or installation of any finished product, material or article of merchandise which is not fabricated into and does not become a permanent fixed part of the structure.

7. The construction, alteration, improvement or repair of personal property.

8. The construction, alteration, improvement or repair financed in whole or in part by the Federal Government and conducted within the limits and boundaries of a site or reservation, the title of which rests in the Federal Government.

9. An owner of property, the primary use of which is as an agricultural or farming enterprise, building or improving a structure on the property for his use or occupancy and not intended for sale or lease.

Sec. 19. NRS 624.250 is hereby amended to read as follows:

624.250 1. To obtain or renew a license, an applicant must submit to the Board an application in writing containing:

(a) The statement that the applicant desires the issuance of a license under the terms of [this chapter.] NRS 624.005 to 624.750, inclusive.

(b) The street address or other physical location of the applicant’s place of business.

(d) The street address or other physical location in this state and, if different, the mailing address, for service of process on the applicant.

(e) The names and physical and mailing addresses of any owners, partners, officers, directors, members and managerial personnel of the applicant.

(f) Any information requested by the Board to ascertain the background, financial responsibility, experience, knowledge and qualifications of the applicant.

2. The application must be:

(a) Made on a form prescribed by the Board in accordance with the rules and regulations adopted by the Board.

(b) Accompanied by the fee fixed by this chapter.

3. The Board shall include on an application form for the issuance or renewal of a license, a method for allowing an applicant to make a monetary contribution to the Construction Education Account created pursuant to NRS 624.580. The application form must state in a clear and conspicuous manner that a contribution to the Construction Education Account is voluntary and is in addition to any fees required for licensure. If the Board receives a contribution from an applicant, the Board shall deposit the contribution with the State Treasurer for credit to the Construction Education Account.

4. If the applicant is a natural person, the application must include the social security number of the applicant.

Sec. 20. NRS 624.2545 is hereby amended to read as follows:

624.2545 1. If the Board denies an application for issuance or renewal of a license pursuant to [this chapter,] NRS 624.005 to 624.750, inclusive, the Board shall send by certified mail, return receipt requested, written notice of the denial to the most current address of the applicant set forth in the records of the Board.

2. A notice of denial must include, without limitation, a statement which explains that the applicant has a right to a hearing before the Board if the applicant submits a written request for such a hearing to the Board within 60 days after the notice of denial is sent to the address of the applicant pursuant to this section.

3. If an applicant who receives a notice of denial pursuant to this section desires to have the denial reviewed at a hearing before the Board, he must submit a written request for a hearing before the Board concerning the denial within 60 days after the notice of denial is sent to his address. If an applicant does not submit notice in accordance with this subsection, the applicant’s right to a hearing shall be deemed to be waived.

4. Except as otherwise provided in this subsection, if the Board receives notice from an applicant pursuant to subsection 3, the Board shall hold a hearing on the decision to deny the application of the applicant within 90 days after the date the Board receives notice pursuant to subsection 3. If an applicant requests a continuance and the Board grants the continuance, the hearing required pursuant to this subsection may be held more than 90 days after the date the Board receives notice pursuant to subsection 3.

Sec. 21. NRS 624.283 is hereby amended to read as follows:

624.283 1. Each license issued under the provisions of [this chapter] NRS 624.005 to 624.750, inclusive, expires 1 year after the date on which it is issued, except that the Board may by regulation prescribe shorter or longer periods and prorated fees to establish a system of staggered renewals. Any license which is not renewed on or before the date for renewal is automatically suspended.

2. A license may be renewed by submitting to the Board:

(a) An application for renewal;

(b) The statement required pursuant to NRS 624.268 if the holder of the license is a natural person;

(d) Any assessment required pursuant to NRS 624.470 if the holder of the license is a residential contractor as defined in NRS 624.450.

3. The Board may require a licensee to demonstrate his financial responsibility at any time through the submission of:

(a) A financial statement that is prepared by an independent certified public accountant; and

(b) If the licensee performs residential construction, such additional documentation as the Board deems appropriate.

4. If a license is automatically suspended pursuant to subsection 1, the licensee may have his license reinstated upon filing an application for renewal within 6 months after the date of suspension and paying, in addition to the fee for renewal, a fee for reinstatement fixed by the Board, if he is otherwise in good standing and there are no complaints pending against him. If he is otherwise not in good standing or there is a complaint pending, the Board shall require him to provide a current financial statement prepared by an independent certified public accountant or establish other conditions for reinstatement. If the licensee is a natural person, his application for renewal must be accompanied by the statement required pursuant to NRS 624.268. A license which is not reinstated within 6 months after it is automatically suspended may be cancelled by the Board, and a new license may be issued only upon application for an original contractor’s license.

Sec. 22. NRS 624.284 is hereby amended to read as follows:

624.284 A contractor’s license issued pursuant to [this chapter] NRS 624.005 to 624.750, inclusive, does not authorize a contractor to construct or repair a mobile home, manufactured home or commercial coach.

Sec. 23. NRS 624.3014 is hereby amended to read as follows:

624.3014 The following acts, among others, constitute cause for disciplinary action under NRS 624.300:

1. Acting in the capacity of a contractor under any license issued hereunder except:

(a) In the name of the licensee as set forth upon the license.

(b) As an employee of the licensee as set forth in the application for such license or as later changed pursuant to this chapter and the rules and regulations of the Board.

2. With the intent to evade the provisions of [this chapter:] NRS 624.005 to 624.750, inclusive:

(a) Aiding or abetting an unlicensed person to evade [the provisions of this chapter.] those provisions.

(b) Combining or conspiring with an unlicensed person to perform an unauthorized act.

(d) Acting as agent, partner or associate of an unlicensed person.

(e) Furnishing estimates or bids to an unlicensed person.

3. Any attempt by a licensee to assign, transfer or otherwise dispose of a license or permit the unauthorized use thereof.

Sec. 24. NRS 624.450 is hereby amended to read as follows:

624.450 “Residential contractor” means a contractor who is licensed pursuant to [this chapter] NRS 624.005 to 624.750, inclusive, and who contracts with the owner of a single‑family residence to perform qualified services.

Sec. 25. NRS 624.700 is hereby amended to read as follows:

624.700 1. It is unlawful for any person or combination of persons to:

(a) Engage in the business or act in the capacity of a contractor within this state; or

(b) Submit a bid on a job situated within this state,

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without having an active license therefor as provided in [this chapter,] NRS 624.005 to 624.750, inclusive, unless that person or combination of persons is exempted from licensure pursuant to NRS 624.031.

2. The district attorneys in this state shall prosecute all violations of this section which occur in their respective counties, unless the violations are prosecuted by the Attorney General. Upon the request of the Board, the Attorney General shall prosecute any violation of this section in lieu of prosecution by the district attorney.

3. In addition to any other penalty imposed pursuant to this chapter, a person who is convicted of violating subsection 1 may be required to pay:

(a) Court costs and the costs of prosecution;

(b) Reasonable costs of the investigation of the violation to the Board;

(d) Any combination of paragraphs (a), (b) and (c).

4. If a person submits a bid or enters into a contract in violation of subsection 1, the bid or contract shall be deemed void ab initio.

Sec. 26. Chapter 625A of NRS is hereby amended by adding thereto the provisions set forth as sections 27 to 41, inclusive, of this act.

Sec. 27. As used in sections 27 to 41, inclusive, of this act, unless the context otherwise requires:

1. “Inspection and testing of mold” includes, without limitation:

(a) Visual inspection;

(b) Surface sampling;

(d) Laboratory analysis.

2. “Mold” means any form of multicellular fungi that lives on plant or animal matter and in indoor environments, which may or may not be a health hazard. The term includes, without limitation, the following types of mold:

(a) Clasdosporium;

(b) Penicillium;

(d) Aspergillus;

(e) Fuarim;

(f) Trichoderma;

(g) Memnoniella;

(h) Mucor; and

(i) Stachybotrys chartarum.

Sec. 28. 1. The Board shall adopt regulations establishing standards and procedures for the certification of persons engaged in the inspection and testing of mold.

2. The regulations must include, without limitation, standards for:

(a) Examinations;

(b) Qualifications;

(d) Revocation of certificates; and

(e) Continuing education.

Sec. 29. The Board shall:

1. Establish by regulation a schedule of fees designed to recover revenue to defray the cost of carrying out the provisions of sections 27 to 41, inclusive, of this act.

2. Collect fees for applications, the issuance and renewal of certificates, examinations, job notifications and inspections, recordkeeping and any other activity of the Board related to the provisions of sections 27 to 41, inclusive, of this act.

Sec. 30. 1. A person shall not engage in the inspection and testing of mold unless he holds a certificate issued by the Board.

2. A person certified to engage in the inspection and testing of mold shall not engage in the remediation of mold on any building or structure for which the inspection and testing of mold was performed by a person who is:

(a) Related by blood or marriage to the person certified to engage in the inspection and testing of mold; or

(b) In any type of business relationship with the person certified to engage in the inspection and testing of mold.

Sec. 31. A person applying for a certificate to engage in the inspection and testing of mold must:

1. Submit an application on a form prescribed and furnished by the Board;

2. Pass an examination approved or administered by the Board;

3. Present proof satisfactory to the Board that he is insured to the extent determined necessary by the Board for the appropriate activities associated with the inspection and testing of mold that are permitted under the requested certificate, for the effective period of the certificate; and

4. Comply with any additional requirements established by the Board.

Sec. 32. 1. An applicant for the issuance or renewal of a certificate to engage in the inspection and testing of mold shall submit to the Board the statement prescribed by the Welfare Division of the Department of Human Resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

2. The Board shall include the statement required pursuant to subsection 1 in:

(a) The application or any other forms that must be submitted for the issuance or renewal of the certificate; or

(b) A separate form prescribed by the Board.

3. A certificate to engage in the inspection and testing of mold may not be issued or renewed by the Board if the applicant:

(a) Fails to submit the statement required pursuant to subsection 1; or

Sec. 33. An application for the issuance of a certificate to engage in the inspection and testing of mold must include the social security number of the applicant.

Sec. 34. 1. A certificate to engage in the inspection and testing of mold expires on December 31 of each year.

2. To renew a certificate to engage in the inspection and testing of mold, a person must, on or before January 1 of each year:

(a) Apply to the Board for renewal;

(b) Submit the statement required pursuant to section 32 of this act;

(d) Submit evidence satisfactory to the Board of his completion of the requirements for continuing education or training established by the Board, if any.

3. The Board may adopt regulations requiring continuing education or training of persons who are certified to engage in the inspection and testing of mold and, as a prerequisite to the renewal or restoration of such a certificate, require each holder of a certificate to comply with those requirements.

Sec. 35. 1. The State Environmental Commission shall adopt, by regulation, standards for the disposal of mold and material containing mold removed from a building or structure during the inspection and testing of mold.

2. All mold and material containing mold removed from a building or structure during the inspection and testing of mold must be disposed of in accordance with the regulations adopted by the State Environmental Commission pursuant to subsection 1.

Sec. 36. A person certified to engage in the inspection and testing of mold shall:

1. If a laboratory is used for any aspect of collecting or analyzing air samples for a project, use only a laboratory that complies with the standards adopted by the State Environmental Commission.

2. If a commercial laboratory is used for any aspect of collecting or analyzing air samples for a project, use only a laboratory in which the holder of the certificate or the owner of the building or structure has no financial interest, unless the State Environmental Commission by regulation provides otherwise.

Sec. 37. 1. If the Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a certificate to engage in the inspection and testing of mold, the Board shall deem the certificate issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Board receives a letter issued to the holder of the certificate by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

2. The Board shall reinstate a certificate to engage in the inspection and testing of mold that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certificate was suspended stating that the person whose certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

Sec. 38. 1. If the Board finds that a person has violated any of the provisions of sections 27 to 41, inclusive, of this act, or any standard or regulation adopted pursuant thereto, the Board may:

(a) Upon the first violation, impose upon the person an administrative fine of not more than $15,000.

(b) Upon the second and subsequent violations:

(1) Impose upon the person an administrative fine of not more than $25,000; and

(2) If the person is certified to engage in the inspection and testing of mold, revoke his certificate and require the person to fulfill certain requirements, as determined by the Board, to have his certificate reinstated.

2. Any penalty imposed pursuant to this section does not relieve the person from criminal prosecution for engaging in the inspection and testing of mold without a certificate.

3. If the certificate of a contractor for projects for the inspection and testing of mold is revoked pursuant to this section and the owner of a building or structure upon which the contractor is engaged in a project employs another licensed contractor to complete the project, the original contractor may not bring an action against the owner of the building or structure for breach of contract or damages based on the employment of another contractor.

Sec. 39. 1. If the Board intends to revoke a person’s certificate to engage in the inspection and testing of mold, the Board shall first notify the person by certified mail. The notice must contain a statement of the Board’s legal authority, jurisdiction and reasons for the proposed action.

3. A person is entitled to a hearing to contest the summary suspension or proposed revocation of his certificate. A request for such a hearing must be made pursuant to regulations adopted by the Board.

4. Upon receiving a request for a hearing to contest a summary suspension, the Board shall hold a hearing within 10 days after the date of the receipt of the request.

Sec. 40. 1. The Board may maintain in any court of competent jurisdiction a suit for an injunction against any person engaged in the inspection and testing of mold in violation of any of the provisions of sections 27 to 41, inclusive, of this act or any standard or regulation adopted by the Board pursuant thereto.

2. An injunction:

(a) May be issued without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.

(b) Does not relieve the person from criminal liability for engaging in the inspection and testing of mold without a certificate.

Sec. 41. Any person who engages in the inspection and testing of mold without a certificate issued by the Board is guilty of a misdemeanor.

Sec. 42. NRS 625A.110 is hereby amended to read as follows:

625A.110 1. To be eligible for registration [,] as an environmental health specialist, an applicant must have:

(a) A baccalaureate or higher degree from an accredited college or university;

(b) Satisfactorily completed at least 45 quarter hours or 30 semester hours of academic work approved by the Board in environmental health and public hygiene or the physical and biological sciences, or a combination of both; and

2. The Board may register a person who is not qualified under subsection 1, if he:

(a) Was actively employed in this field of public health in this state on July 1, 1987;

(b) Is a graduate of an accredited high school;

(d) Passes a written or oral examination administered by the Board; and

(e) Completes all the requirements of this subsection before July 1, 1991.

3. The Board may register, upon written application, any person who:

(a) Was employed in this field of public health in this state on July 1, 1987, and was a registered sanitarian in this state before July 1, 1977; or

(b) Is registered as an environmental health specialist with the National Environmental Health Association and is a resident of this state.

Sec. 43. NRS 625A.140 is hereby amended to read as follows:

625A.140 Each certificate issued by the Board to an environmental health specialist must be numbered and contain the:

1. Designation “Registered Environmental Health Specialist.”

2. Name of the person registered.

3. Date of issuance.

4. Seal of the Board.

5. Signatures of the members of the Board.

Sec. 44. NRS 625A.150 is hereby amended to read as follows:

625A.150 1. The Board shall adopt regulations requiring participation in a program of continuing education as a prerequisite for the renewal of a certificate of registration [.] as an environmental health specialist.

2. The Board may exempt an environmental health specialist from the requirements for continuing education if he is able to show good cause why the requirements could not be met. The exemption may not be granted to a person more than once in any 2-year period.

Sec. 45. NRS 625A.160 is hereby amended to read as follows:

625A.160 The grounds for initiating disciplinary action under [this chapter] the provisions of NRS 625A.090 to 625A.200, inclusive, are:

1. Unprofessional conduct;

2. Conviction of a felony or any offense involving moral turpitude;

3. The suspension or revocation of a certificate or license as an environmental health specialist by any other jurisdiction; or

4. Failure to meet the requirements for continuing education.

Sec. 46. NRS 625A.170 is hereby amended to read as follows:

625A.170 The following acts, among others established by the Board, constitute unprofessional conduct:

1. Willfully making a false or fraudulent statement or submitting a forged or false document in applying for a certificate;

2. Habitual drunkenness or addiction to the use of a controlled substance;

3. Engaging in any conduct in his professional activities which is intended to deceive or which the Board has determined is unethical; or

4. Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any provision of [this chapter] NRS 625A.090 to 625A.200, inclusive, or a regulation of the Board.

Sec. 47. NRS 625A.190 is hereby amended to read as follows:

625A.190 1. Upon denial of an application for registration or renewal of a certificate as an environmental health specialist or other disciplinary action, the Board shall give the person written notice of its decision mailed to him at his last known address by certified mail, return receipt requested. The notice must:

(a) State the reason for the denial or disciplinary action; and

(b) Inform the person that he has the right to a hearing before the Board.

2. A written request for a hearing must be filed with the Board within 30 days after the notice is mailed. If a hearing is requested, the Board shall set a time and place for a formal hearing and notify the person of the time and place set for the hearing. The Board shall hold the hearing at the time and place designated in the notice.

Sec. 48. NRS 625A.200 is hereby amended to read as follows:

625A.200 1. Only a person who holds a valid certificate of registration as an environmental health specialist issued by the Board may use the title “registered environmental health specialist” or “environmental health specialist” or the abbreviation “R.E.H.S.” or “E.H.S.” after his name.

2. Any person who violates this section is guilty of a misdemeanor.

Sec. 49. NRS 338.410 is hereby amended to read as follows:

338.410 “Contractor” means:

1. A person who:

(a) Is licensed pursuant to the provisions of [chapter 624 of] NRS 624.005 to 624.750, inclusive, or performs such work that he is not required to be licensed pursuant to [chapter 624 of NRS;] those provisions; and

(b) Contracts with a public body to provide labor, materials or services for a public work.

2. A design-build team that contracts with a public body to design and construct a public work pursuant to NRS 338.1711 to 338.1727, inclusive.

Sec. 50. NRS 338.445 is hereby amended to read as follows:

338.445 “Subcontractor” means a person who:

1. Is licensed pursuant to the provisions of [chapter 624 of] NRS 624.005 to 624.750, inclusive, or performs such work that he is not required to be licensed pursuant to [chapter 624 of NRS;] those provisions; and

2. Contracts with a contractor, another subcontractor or a supplier to provide labor, materials or services for a public work.

Sec. 51. NRS 364A.340 is hereby amended to read as follows:

364A.340 A person who:

1. Is required to be licensed pursuant to [chapter 624 of NRS;] the provisions of NRS 624.005 to 624.750, inclusive; and

2. Contracts with a subcontractor who is required to be licensed pursuant to [that chapter] those provisions and to have a business license and pay the tax imposed by this chapter,

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shall require proof that the subcontractor has a business license before commencing payments to the subcontractor. For the purposes of this section, a subcontractor proves that he has a business license by submitting a copy of the business license to the contractor.

Sec. 52. NRS 597.713 is hereby amended to read as follows:

597.713 As used in NRS 597.713 to 597.7198, inclusive:

1. “Board” means the State Contractors’ Board.

2. “Contractor” means a person licensed pursuant to the provisions of [chapter 624 of] NRS 624.005 to 624.750, inclusive, whose scope of work includes the construction, repair or maintenance of any residential swimming pool or spa, regardless of use, including the repair or replacement of existing equipment or the installation of new equipment, as necessary. The scope of such work includes layout, excavation, operation of construction pumps for removal of water, steelwork, construction of floors, installation of gunite, fiberglass, tile and coping, installation of all perimeter and filter piping, installation of all filter equipment and chemical feeders of any type, plastering of the interior, construction of decks, installation of housing for pool equipment and installation of packaged pool heaters.

Sec. 53. NRS 599B.010 is hereby amended to read as follows:

599B.010 As used in this chapter, unless the context otherwise requires:

1. “Chance promotion” means any plan in which premiums are distributed by random or chance selection.

2. “Commissioner” means the Commissioner of Consumer Affairs.

3. “Consumer” means a person who is solicited by a seller or salesman.

4. “Division” means the Consumer Affairs Division of the Department of Business and Industry.

5. “Donation” means a promise, grant or pledge of money, credit, property, financial assistance or other thing of value given in response to a solicitation by telephone, including, but not limited to, a payment or promise to pay in consideration for a performance, event or sale of goods or services. The term does not include volunteer services, government grants or contracts or a payment by members of any organization of membership fees, dues, fines or assessments or for services rendered by the organization to those persons, if:

(a) The fees, dues, fines, assessments or services confer a bona fide right, privilege, professional standing, honor or other direct benefit upon the member; and

(b) Membership in the organization is not conferred solely in consideration for making a donation in response to a solicitation.

6. “Goods or services” means any property, tangible or intangible, real, personal or mixed, and any other article, commodity or thing of value.

7. “Premium” includes any prize, bonus, award, gift or any other similar inducement or incentive to purchase.

8. “Recovery service” means a business or other practice whereby a person represents or implies that he will, for a fee, recover any amount of money that a consumer has provided to a seller or salesman pursuant to a solicitation governed by the provisions of this chapter.

9. “Salesman” means any person:

(a) Employed or authorized by a seller to sell, or to attempt to sell, goods or services by telephone;

(b) Retained by a seller to provide consulting services relating to the management or operation of the seller’s business; or

(1) In the course of a solicitation by telephone; or

(2) For the purpose of verifying, changing or confirming an order,

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except that a person is not a salesman if his only function is to identify a consumer by name only and he immediately refers the consumer to a salesman.

10. Except as otherwise provided in subsection 11, “seller” means any person who, on his own behalf, causes or attempts to cause a solicitation by telephone to be made through the use of one or more salesmen or any automated dialing announcing device under any of the following circumstances:

(a) The person initiates contact by telephone with a consumer and represents or implies:

(1) That a consumer who buys one or more goods or services will receive additional goods or services, whether or not of the same type as purchased, without further cost, except for actual postage or common carrier charges;

(2) That a consumer will or has a chance or opportunity to receive a premium;

(3) That the items for sale are gold, silver or other precious metals, diamonds, rubies, sapphires or other precious stones, or any interest in oil, gas or mineral fields, wells or exploration sites or any other investment opportunity;

(4) That the product offered for sale is information or opinions relating to sporting events;

(5) That the product offered for sale is the services of a recovery service; or

(6) That the consumer will receive a premium or goods or services if he makes a donation;

(b) The solicitation by telephone is made by the person in response to inquiries from a consumer generated by a notification or communication sent or delivered to the consumer that represents or implies:

(1) That the consumer has been in any manner specially selected to receive the notification or communication or the offer contained in the notification or communication;

(2) That the consumer will receive a premium if the recipient calls the person;

(3) That if the consumer buys one or more goods or services from the person, the consumer will also receive additional or other goods or services, whether or not the same type as purchased, without further cost or at a cost that the person represents or implies is less than the regular price of the goods or services;

(4) That the product offered for sale is the services of a recovery service; or

(5) That the consumer will receive a premium or goods or services if he makes a donation; or

(c) The solicitation by telephone is made by the person in response to inquiries generated by advertisements that represent or imply that the person is offering to sell any:

(1) Gold, silver or other metals, including coins, diamonds, rubies, sapphires or other stones, coal or other minerals or any interest in oil, gas or other mineral fields, wells or exploration sites, or any other investment opportunity;

(2) Information or opinions relating to sporting events; or

(3) Services of a recovery service.

11. “Seller” does not include:

(a) A person licensed pursuant to chapter 90 of NRS when soliciting offers, sales or purchases within the scope of his license.

(b) A person licensed pursuant to chapter 119A [, 119B, 624,] or 119B of NRS, NRS 624.005 to 624.750, inclusive or chapter 645 or 696A of NRS when soliciting sales within the scope of his license.

(d) Any solicitation of sales made by the publisher of a newspaper or magazine or by an agent of the publisher pursuant to a written agreement between the agent and publisher.

(e) A broadcaster soliciting sales who is licensed by any state or federal authority, if the solicitation is within the scope of the broadcaster’s license.

(f) A person who solicits a donation from a consumer when:

(1) The person represents or implies that the consumer will receive a premium or goods or services with an aggregated fair market value of 2 percent of the donation or $50, whichever is less; or

(2) The consumer provides a donation of $50 or less in response to the solicitation.

(g) A charitable organization which is registered or approved to conduct a lottery pursuant to chapter 462 of NRS.

(h) A public utility or motor carrier which is regulated pursuant to chapter 704 or 706 of NRS, or by an affiliate of such a utility or motor carrier, if the solicitation is within the scope of its certificate or license.

(i) A utility which is regulated pursuant to chapter 710 of NRS, or by an affiliate of such a utility.

(j) A person soliciting the sale of books, recordings, video cassettes, software for computer systems or similar items through:

(1) An organization whose method of sales is governed by the provisions of Part 425 of Title 16 of the Code of Federal Regulations relating to the use of negative option plans by sellers in commerce;

(2) The use of continuity plans, subscription arrangements, arrangements for standing orders, supplements, and series arrangements pursuant to which the person periodically ships merchandise to a consumer who has consented in advance to receive the merchandise on a periodic basis and has the opportunity to review the merchandise for at least 10 days and return it for a full refund within 30 days after it is received; or

(3) An arrangement pursuant to which the person ships merchandise to a consumer who has consented in advance to receive the merchandise and has the opportunity to review the merchandise for at least 10 days and return it for a full refund within 30 days after it is received.

(k) A person who solicits sales by periodically publishing and delivering a catalog to consumers if the catalog:

(1) Contains a written description or illustration of each item offered for sale and the price of each item;

(2) Includes the business address of the person;

(3) Includes at least 24 pages of written material and illustrations;

(4) Is distributed in more than one state; and

(5) Has an annual circulation by mailing of not less than 250,000.

(l) A person soliciting without the intent to complete and who does not complete, the sales transaction by telephone but completes the sales transaction at a later face-to-face meeting between the solicitor and the consumer, if the person, after soliciting a sale by telephone, does not cause another person to collect the payment from or deliver any goods or services purchased to the consumer.

(m) Any commercial bank, bank holding company, subsidiary or affiliate of a bank holding company, trust company, savings and loan association, credit union, industrial loan company, personal property broker, consumer finance lender, commercial finance lender, or insurer subject to regulation by an official or agency of this state or of the United States, if the solicitation is within the scope of the certificate or license held by the entity.

(n) A person holding a certificate of authority issued pursuant to chapter 452 of NRS when soliciting sales within the scope of the certificate.

(o) A person licensed pursuant to chapter 689 of NRS when soliciting sales within the scope of his license.

(p) A person soliciting the sale of services provided by a community antenna television company subject to regulation pursuant to chapter 711 of NRS.

(q) A person soliciting the sale of agricultural products, if the solicitation is not intended to and does not result in a sale of more than $100 that is to be delivered to one address. As used in this paragraph, “agricultural products” has the meaning ascribed to it in NRS 587.290.

(r) A person who has been operating, for at least 2 years, a retail business establishment under the same name as that used in connection with the solicitation of sales by telephone if, on a continuing basis:

(1) Goods are displayed and offered for sale or services are offered for sale and provided at the person’s business establishment; and

(2) At least 50 percent of the person’s business involves the buyer obtaining such goods or services at the person’s business establishment.

(s) A person soliciting only the sale of telephone answering services to be provided by the person or his employer.

(t) A person soliciting a transaction regulated by the Commodity Futures Trading Commission, if:

(1) The person is registered with or temporarily licensed by the Commission to conduct that activity pursuant to the Commodity Exchange Act , [(] 7 U.S.C. §§ 1 et seq. ; [);] and

(2) The registration or license has not expired or been suspended or revoked.

(u) A person who contracts for the maintenance or repair of goods previously purchased from the person:

(1) Making the solicitation; or

(2) On whose behalf the solicitation is made.

(v) A person to whom a license to operate an information service or a nonrestricted gaming license, which is current and valid, has been issued pursuant to chapter 463 of NRS when soliciting sales within the scope of his license.

(w) A person who solicits a previous customer of the business on whose behalf the call is made if the person making the call:

(1) Does not offer the customer any premium in connection with the sale;

(2) Is not selling an investment or an opportunity for an investment that is not registered with any state or federal authority; and

(3) Is not regularly engaged in telephone sales.

(x) A person who solicits the sale of livestock.

(y) An issuer which has a class of securities that is listed on the New York Stock Exchange, the American Stock Exchange or the National Market System of the National Association of Securities Dealers Automated Quotation System.

(z) A subsidiary of an issuer that qualifies for exemption pursuant to paragraph (y) if at least 60 percent of the voting power of the shares of the subsidiary is owned by the issuer.

Sec. 54. Section 11 of this act is hereby amended to read as follows:

Sec. 11. 1. A license to engage in the remediation of mold expires on December 31 of each year.

2. To renew a license, a person must, on or before January 1 of each year:

(a) Apply to the Board for renewal;

(b) [Submit the statement required pursuant to section 9 of this act;

(c)] Pay the annual fee for renewal established by the Board; and

[(d)](c) Submit evidence satisfactory to the Board of his completion of the requirements for continuing education or training established by the Board, if any.

Sec. 55. Section 34 of this act is hereby amended to read as follows:

Sec. 34. 1. A certificate to engage in the inspection and testing of mold expires on December 31 of each year.

2. To renew a certificate to engage in the inspection and testing of mold, a person must, on or before January 1 of each year:

(a)Apply to the Board for renewal;

(b)[Submit the statement required pursuant to section 32 of this act;

(c)]Pay the annual fee for renewal established by the Board; and

[(d)] (c) Submit evidence satisfactory to the Board of his completion of the requirements for continuing education or training established by the Board, if any.

Sec. 56. 1. This section and sections 1 to 53, inclusive, of this act become effective on July 1, 2003, for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out this act and on October 1, 2004, for all other purposes.

2. Sections 54 and 55 of this act become effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

(a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

(b) Are in arrears in the payment for the support of one or more children,

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are repealed by the Congress of the United States.

3. Sections 9, 10, 13, 32, 33 and 37 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

(a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

(b) Are in arrears in the payment for the support of one or more children,

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are repealed by the Congress of the United States.”.

Amend the title of the bill to read as follows:

“AN ACT relating to mold; requiring the State Contractors’ Board to license and regulate persons who engage in the remediation of mold; requiring the Board of Registered Environmental Health Specialists to certify and regulate persons who engage in the inspection and testing of mold; requiring the State Environmental Commission to adopt regulations for the disposal of mold and material containing mold; providing penalties; and providing other matters properly relating thereto.”.