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Action of Passage Rescinded 3-25-99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:

1-1 Section 1. NRS 598A.160 is hereby amended to read as follows:

1-2 598A.160 1. The attorney general may bring a civil action for any

1-3 violation of the provisions of this chapter in the name of the State of

1-4 Nevada and is entitled to recover damages and secure other relief provided

1-5 by the provisions of this chapter:

1-6 (a) As parens patriae of the persons residing in [the] this state, with

1-7 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 justice

1-9 so require, as a representative of a class or classes consisting of persons

1-10 residing in [the state,] this state who have been damaged [ ;] directly or

1-11 indirectly; or

1-12 (b) As parens patriae, with respect to direct or indirect damages to the

1-13 general economy of the State of Nevada or any political subdivision

1-14 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, [the] this state:

1-17 (a) May recover the aggregate damage sustained by the persons on

1-18 whose behalf [the] this state sues, without separately proving the

1-19 individual claims of each such person. Proof of such damages [shall] must

1-20 be based on : [any or all of the following:]

1-21 (1) Statistical or sampling methods;

1-22 (2) The pro rata allocation of illegal overcharges of sales occurring

1-23 within the State of Nevada; or

1-24 (3) Such other reasonable system of estimating aggregate damages as

1-25 the court [in its discretion] may permit.

1-26 (b) Shall distribute, allocate or otherwise pay the amounts so recovered

1-27 [either] in accordance with state law, or in the absence of any applicable

1-28 state law, as the district court may [in its discretion] authorize, subject to

1-29 the requirement that any distribution procedure adopted afford each person

1-30 on whose behalf [the] this state sues a reasonable opportunity individually

1-31 to secure the pro rata portion of such recovery attributable to his or its

1-32 respective claims for damages, less litigation and administrative costs,

1-33 including attorney fees, before any of [such] the recovery is escheated.

2-1 Sec. 2. NRS 598A.210 is hereby amended to read as follows:

2-2 598A.210 1. Any person threatened with injury or damage to his

2-3 business or property by reason of a violation of any provision of this

2-4 chapter, may institute [an] a civil action or proceeding for injunctive relief.

2-5 If the court issues a permanent injunction, the plaintiff shall recover

2-6 reasonable attorney fees, together with costs, as determined by the court.

2-7 2. Any person injured or damaged directly or indirectly in his

2-8 business or property by reason of a violation of the provisions of this

2-9 chapter may [sue therefor] institute a civil action and shall recover treble

2-10 damages, together with reasonable attorney fees and costs.

2-11 3. Any person commencing an action for any violation of the

2-12 provisions of this chapter shall, simultaneously with the filing of the

2-13 complaint with the court, mail a copy of the complaint to the attorney

2-14 general.

2-15 Sec. 3. NRS 598A.260 is hereby amended to read as follows:

2-16 598A.260 1. All money obtained as awards, damages or civil

2-17 penalties for the State of Nevada and its agencies by the attorney general as

2-18 a result of enforcement of statutes pertaining to unfair trade practices,

2-19 whether by final judgment, settlement or otherwise must be deposited in

2-20 the state treasury as follows:

2-21 (a) All attorney’s fees and costs and [10] 50 percent of all recoveries for

2-22 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 attorney

2-25 general’s special fund pursuant to subsection 1 must be used for payment

2-26 of the expenses of enforcing the statutes pertaining to unfair trade

2-27 practices. Those expenses which are in excess of the amount available in

2-28 the fund must be paid out of the legislative appropriation for the support of

2-29 the office of attorney general.

2-30 [3. On June 30 of each fiscal year, any amount in excess of $30,000 in

2-31 the attorney general’s special fund of the money collected pursuant to

2-32 subsection 1 reverts to the state general fund.]

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