Assembly Bill No. 108–Committee on Commerce and Labor
Returned from enrollment pursuant to ACR 34 (File No. 27)
Action of Passage Rescinded 3-25-99
AN ACT relating to unfair trade practices; clarifying the persons on whose behalf the
attorney general may bring a civil action for unfair trade practices; clarifying the
persons who may bring a civil action for unfair trade practices; increasing the
percentage of money collected for unfair trade practices that must be credited to the
attorney general’s special fund; and providing other matters properly relating
thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. NRS 598A.160 is hereby amended to read as follows: 598A.160 1. The attorney general may bring a civil action for any1-3
violation of the provisions of this chapter in the name of the State of1-4
Nevada and is entitled to recover damages and secure other relief provided1-5
by the provisions of this chapter:1-6
(a) As parens patriae of the persons residing in1-7
respect to damages sustained directly or indirectly by such persons, or,1-8
alternatively, if the court finds in its discretion that the interests of justice1-9
so require, as a representative of a class or classes consisting of persons1-10
residing in1-11
indirectly; or1-12
(b) As parens patriae, with respect to direct or indirect damages to the1-13
general economy of the State of Nevada or any political subdivision1-14
thereof. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates 1-15 page 5, line 15).1-16
2. In any action under this section,1-17
(a) May recover the aggregate damage sustained by the persons on1-18
whose behalf1-19
individual claims of each such person. Proof of such damages1-20
be based on :1-21
(1) Statistical or sampling methods;1-22
(2) The pro rata allocation of illegal overcharges of sales occurring1-23
within the State of Nevada; or1-24
(3) Such other reasonable system of estimating aggregate damages as1-25
the court1-26
(b) Shall distribute, allocate or otherwise pay the amounts so recovered1-27
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state law, as the district court may1-29
the requirement that any distribution procedure adopted afford each person1-30
on whose behalf1-31
to secure the pro rata portion of such recovery attributable to his or its1-32
respective claims for damages, less litigation and administrative costs,1-33
including attorney fees, before any of2-1
Sec. 2. NRS 598A.210 is hereby amended to read as follows: 598A.210 1. Any person threatened with injury or damage to his2-3
business or property by reason of a violation of any provision of this2-4
chapter, may institute2-5
If the court issues a permanent injunction, the plaintiff shall recover2-6
reasonable attorney fees, together with costs, as determined by the court.2-7
2. Any person injured or damaged directly or indirectly in his2-8
business or property by reason of a violation of the provisions of this2-9
chapter may2-10
damages, together with reasonable attorney fees and costs.2-11
3. Any person commencing an action for any violation of the2-12
provisions of this chapter shall, simultaneously with the filing of the2-13
complaint with the court, mail a copy of the complaint to the attorney2-14
general.2-15
Sec. 3. NRS 598A.260 is hereby amended to read as follows: 598A.260 1. All money obtained as awards, damages or civil2-17
penalties for the State of Nevada and its agencies by the attorney general as2-18
a result of enforcement of statutes pertaining to unfair trade practices,2-19
whether by final judgment, settlement or otherwise must be deposited in2-20
the state treasury as follows:2-21
(a) All attorney’s fees and costs and2-22
credit to the attorney general’s special fund.2-23
(b) The balance of the recoveries for credit to the state general fund.2-24
2. Money deposited in the state treasury for credit to the attorney2-25
general’s special fund pursuant to subsection 1 must be used for payment2-26
of the expenses of enforcing the statutes pertaining to unfair trade2-27
practices. Those expenses which are in excess of the amount available in2-28
the fund must be paid out of the legislative appropriation for the support of2-29
the office of attorney general.2-30
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