EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. Chapter 597 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 to 5, inclusive, of this act.

1-3 Sec. 2. As used in NRS 597.930 and sections 2 to 5, inclusive, of this

1-4 act, "device for automatic dialing and announcing" means any

1-5 equipment that:

1-6 1. Incorporates a storage capability of telephone numbers to be

1-7 called and a random or sequential number generator capable of

1-8 producing telephone numbers to be called; and

2-1 2. Is used exclusively, working alone or in conjunction with other

2-2 equipment, to disseminate a prerecorded message to the telephone

2-3 number called to solicit a person at the telephone number called to

2-4 purchase goods or services.

2-5 Sec. 3. The provisions of NRS 597.930 do not prohibit the use of a

2-6 device for automatic dialing and announcing by any person exclusively

2-7 on behalf of:

2-8 1. A school or school district to contact the parents or guardians of a

2-9 pupil regarding the attendance of the pupil.

2-10 2. A nonprofit organization to contact its members.

2-11 3. A company that provides cable television services to contact its

2-12 customers regarding a previously arranged installation of such services

2-13 at the premises of the customer.

2-14 4. A public utility to contact its customers regarding a previously

2-15 arranged installation of utility services at the premises of the customer.

2-16 5. A facility that processes or stores petroleum, volatile petroleum

2-17 products, natural gas, liquefied petroleum gas, combustible chemicals,

2-18 explosives, high-level radioactive waste or other dangerous substances to

2-19 advise local residents, public service agencies and news media of an

2-20 actual or potential life-threatening emergency.

2-21 6. A state or local governmental agency, or a private entity operating

2-22 under contract with and at the direction of such an agency, to provide:

2-23 (a) Information relating to public safety;

2-24 (b) Information relating to a police or fire emergency; or

2-25 (c) A warning of an impending or threatening emergency.

2-26 Sec. 4. 1. A person shall not connect a device for automatic dialing

2-27 and announcing to any telephone line in this state without first making a

2-28 written application to and receiving written authorization from the

2-29 consumer’s advocate of the bureau of consumer protection in the office

2-30 of the attorney general.

2-31 2. An application for authorization to connect a device for automatic

2-32 dialing and announcing to a telephone line must include, without

2-33 limitation:

2-34 (a) A description of the type of device for automatic dialing and

2-35 announcing proposed to be connected to the telephone line;

2-36 (b) The period during which the telephone calls are proposed to be

2-37 placed using the device for automatic dialing and announcing, including,

2-38 without limitation, the days and times of such calls;

2-39 (c) The number of telephone calls proposed to be placed by the device

2-40 for automatic dialing and announcing during the specified period;

2-41 (d) The average length of a completed telephone call; and

2-42 (e) Such other information as the consumer’s advocate of the bureau

2-43 of consumer protection may require.

3-1 3. Upon receiving an application for authorization to connect a

3-2 device for automatic dialing and announcing to a telephone line

3-3 pursuant to this section, the consumer’s advocate of the bureau of

3-4 consumer protection shall review the application and shall:

3-5 (a) Approve the application; or

3-6 (b) Deny or modify the application if the consumer’s advocate

3-7 determines that the proposed use of the device for automatic dialing and

3-8 announcing would:

3-9 (1) Overload telephone lines; or

3-10 (2) Otherwise detrimentally affect the provision of

3-11 telecommunication services.

3-12 Sec. 5. 1. A person who violates any provision of NRS 597.930 and

3-13 sections 2, 3 and 4 of this act is guilty of a misdemeanor.

3-14 2. If a person is found guilty of, or has pleaded guilty or nolo

3-15 contendere to, violating any provision of NRS 597.930 and sections 2, 3

3-16 and 4 of this act, his telephone service to which a device for automatic

3-17 dialing and announcing has been connected must be suspended for a

3-18 period determined by the court.

3-19 Sec. 6. NRS 597.930 is hereby amended to read as follows:

3-20 597.930 1. Except as otherwise provided in subsection [2,] 3 and

4-1 3. This section does not prohibit the use of [an automatic system] a

4-2 device for automatic dialing and announcing to dial the number of and

4-3 play a recorded message to a person with whom the [system’s owner]

4-4 person using the device or another person affiliated with the person

4-5 using the device has a preexisting business relationship.

4-6 [3. A person who violates this section is guilty of a misdemeanor.]

4-7 Sec. 7. Chapter 598 of NRS is hereby amended by adding thereto a

4-8 new section to read as follows:

4-9 A person engages in a "deceptive trade practice" when, in the course

4-10 of his business or occupation, he disseminates an unsolicited prerecorded

4-11 message by telephone unless a recorded or unrecorded natural voice:

4-12 1. Informs the person who answers the telephone call of the nature

4-13 of the call; and

4-14 2. Provides to the person who answers the telephone call the name,

4-15 address and telephone number of the business or organization, if any,

4-16 represented by the caller.

4-17 Sec. 8. NRS 598.0903 is hereby amended to read as follows:

4-18 598.0903 As used in NRS 598.0903 to 598.0999, inclusive, and

4-21 this act, have the meanings ascribed to them in those sections.

4-22 Sec. 9. NRS 598.0999 is hereby amended to read as follows:

4-23 598.0999 1. A person who violates [any] a court order or injunction

5-1 (a) For the first offense, is guilty of a misdemeanor.

5-2 (b) For the second offense, is guilty of a gross misdemeanor.

5-3 (c) For the third and all subsequent offenses, is guilty of a category D

5-4 felony and shall be punished as provided in NRS 193.130.

5-5 4. Any offense which occurred within 10 years immediately preceding

5-6 the date of the principal offense or after the principal offense constitutes a

5-7 prior offense for the purposes of subsection 3 when evidenced by a

5-8 conviction, without regard to the sequence of the offenses and convictions.

5-9 5. If a person violates any provision of NRS 598.0903 to 598.0999,

5-10 inclusive, and section 7 of this act, NRS 598.100 to 598.280, inclusive,

5-11 598.281 to 598.289, inclusive, or 598.840 to 598.966, inclusive, fails to

5-12 comply with a judgment or order of any court in this state concerning a

5-13 violation of such a provision, or fails to comply with an assurance of

5-14 discontinuance or other agreement concerning an alleged violation of such

5-15 a provision, the commissioner or the district attorney of any county may

5-16 bring an action in the name of the State of Nevada seeking:

5-17 (a) The suspension of the person’s privilege to conduct business within

5-18 this state; or

5-19 (b) If the defendant is a corporation, dissolution of the corporation.

5-20 The court may grant or deny the relief sought or may order other

5-21 appropriate relief.

5-22 Sec. 10. The amendatory provisions of this act do not apply to

5-23 offenses that are committed before October 1, 1999.