Assembly Bill No. 193–Assemblymen Segerblom, Williams, Buckley,
Neighbors, Parks, Manendo, Anderson, Freeman, Chowning, Arberry,
McClain, Koivisto, de Braga, Berman, Collins, Evans, Cegavske,
Goldwater, Price, Giunchigliani, Mortenson, Claborn, Nolan and
Leslie
CHAPTER........
AN ACT relating to trade practices; revising the provisions governing the use of a device for
automatic dialing and announcing on a telephone; prohibiting the use of such a
device under certain circumstances; providing that the dissemination of an
unsolicited prerecorded message is a deceptive trade practice under certain
circumstances; providing that payment of remuneration to certain drivers of
taxicabs, limousines and buses under certain circumstances constitutes a deceptive
trade practice; providing a penalty; and providing other matters properly relating
thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 597 of NRS is hereby amended by adding thereto
the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2.
As used in NRS 597.930 and sections 2, 3 and 4 of this act,"device for automatic dialing and announcing" means any equipment
that:
1. Incorporates a storage capability of telephone numbers to be
called and utilizes a random or sequential number generator producing
telephone numbers to be called; and
2. Is used exclusively, working alone or in conjunction with other
equipment, to disseminate a prerecorded message to the telephone
number called to solicit a person at the telephone number called to
purchase goods or services.
Sec. 3.
The provisions of NRS 597.930 do not prohibit the use of adevice for automatic dialing and announcing by any person exclusively
on behalf of:
1. A school or school district to contact the parents or guardians of a
pupil regarding the attendance of the pupil or regarding other business
of the school or school district.
2. A nonprofit organization.
3. A company that provides cable television services to contact its
customers regarding a previously arranged installation of such services
at the premises of the customer.
4. A public utility to contact its customers regarding a previously
arranged installation of utility services at the premises of the customer.
5. A facility that processes or stores petroleum, volatile petroleum
products, natural gas, liquefied petroleum gas, combustible chemicals,
explosives, high-level radioactive waste or other dangerous substances to
advise local residents, public service agencies and news media of an
actual or potential life-threatening emergency.
6. A state or local governmental agency, or a private entity operating
under contract with and at the direction of such an agency, to provide:
(a) Information relating to public safety;
(b) Information relating to a police or fire emergency; or
(c) A warning of an impending or threatening emergency.
7. A candidate for public office, committee advocating the passage or
defeat of a ballot question, political party, committee sponsored by a
political party or a committee for political action.
Sec. 4.
1. A person who violates any provision of NRS 597.930 isguilty of a misdemeanor.
2. If a person is found guilty of, or has pleaded guilty or nolo
contendere to, violating any provision of NRS 597.930, his telephone
service to which a device for automatic dialing and announcing has been
connected must be suspended for a period determined by the court.
Sec. 5.
NRS 597.930 is hereby amended to read as follows:Sec. 7. A person engages in a "deceptive trade practice" when, in
the course of his business or occupation, he disseminates an unsolicited
prerecorded message to solicit a person to purchase goods or services by
telephone and he does not have a preexisting business relationship with
the person being called unless a recorded or unrecorded natural voice:
1. Informs the person who answers the telephone call of the nature
of the call; and
2. Provides to the person who answers the telephone call the name,
address and telephone number of the business or organization, if any,
represented by the caller.
Sec. 8.
1. In a county whose population is 400,000 or more, aperson who:
(a) Is a licensee, owner or employee of a business entity that is
licensed to operate an adult cabaret, erotic dance establishment or adult
night club; and
(b) While performing duties associated with the business entity, pays
or offers to pay remuneration of any kind, including, without limitation,
cash or services, to the owner or driver of a taxicab, limousine or bus
containing 21 or fewer passengers, or to an agent of the owner or driver,
for taking or attempting to take a passenger to a location other than the
destination requested by the passenger,
commits a deceptive trade practice for purposes of NRS 598.0903 to
598.0999, inclusive.
2. In any action brought pursuant to NRS 598.0903 to 598.0999,
inclusive, if the court finds the licensee or owner of a business entity
engaged in a deceptive trade practice described in subsection 1, or his
employee engaged in a deceptive trade practice described in subsection 1,
the licensee or owner is subject only to a civil penalty of:
(a) For the first violation, not less than $500 and not more than
$1,000;
(b) For the second violation, not less than $1,000 and not more than
$5,000; and
(c) For the third and subsequent violations, not less than $5,000 and
not more than $10,000.
3. If the violation of subsection 1 is the third or greater violation and
if:
(a) The violation was committed by the licensee or owner of the
business entity; or
(b) The violation was committed by an employee of the licensee or
owner, and the director determines that the licensee or owner knew or
should have known that the employee engaged in the act constituting the
the director shall order, in writing, all applicable licensing authorities to
suspend the license of the business entity for a period of not more than 6
months.
4. Upon receiving an order from the director pursuant to subsection
3, a licensing authority shall suspend the license of the licensee for the
period specified in the order.
5. As used in this section:
(a) "License" means a business license to operate an adult cabaret,
erotic dance establishment or adult night club.
(b) "Licensee" means the person to whom a license is issued.
(c) "Licensing authority" means a local government that licenses
adult cabarets, erotic dance establishments or adult night clubs.
Sec. 9. NRS 598.0903 is hereby amended to read as follows:
andSec. 10. NRS 598.0999 is hereby amended to read as follows:
Sec. 11. The amendatory provisions of this act do not apply to
offenses that are committed before October 1, 1999.
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