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, 3 and 4 of this act.

1-3 Sec. 2. As used in NRS 597.930 and sections 2, 3 and 4 of this act,

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

1-5 that:

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

1-7 called and utilizes a random or sequential number generator producing

1-8 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 or regarding other business

2-10 of the school or school district.

2-11 2. A nonprofit organization.

2-12 3. A company that provides cable television services to contact its

2-13 customers regarding a previously arranged installation of such services

2-14 at the premises of the customer.

2-15 4. A public utility to contact its customers regarding a previously

2-16 arranged installation of utility services at the premises of the customer.

2-17 5. A facility that processes or stores petroleum, volatile petroleum

2-18 products, natural gas, liquefied petroleum gas, combustible chemicals,

2-19 explosives, high-level radioactive waste or other dangerous substances to

2-20 advise local residents, public service agencies and news media of an

2-21 actual or potential life-threatening emergency.

2-22 6. A state or local governmental agency, or a private entity operating

2-23 under contract with and at the direction of such an agency, to provide:

2-24 (a) Information relating to public safety;

2-25 (b) Information relating to a police or fire emergency; or

2-26 (c) A warning of an impending or threatening emergency.

2-27 7. A candidate for public office, committee advocating the passage or

2-28 defeat of a ballot question, political party, committee sponsored by a

2-29 political party or a committee for political action.

2-30 Sec. 4. 1. A person who violates any provision of NRS 597.930 is

2-31 guilty of a misdemeanor.

2-32 2. If a person is found guilty of, or has pleaded guilty or nolo

2-33 contendere to, violating any provision of NRS 597.930, his telephone

2-34 service to which a device for automatic dialing and announcing has been

2-35 connected must be suspended for a period determined by the court.

2-36 Sec. 5. NRS 597.930 is hereby amended to read as follows:

2-37 597.930 1. Except as otherwise provided in subsection [2,] 3 and

2-42 directly to solicit a person to purchase goods or services.] a device for

3-1 automatic dialing and announcing to disseminate a prerecorded message

3-2 in a telephone call unless, before the message is disseminated, a recorded

3-3 or unrecorded natural voice:

3-4 (a) Informs the person who answers the telephone call of the nature

3-5 of the call, including, without limitation, the fact that a device for

3-6 automatic dialing and announcing will be used to disseminate the

3-7 message if the person who answers the call remains on the line; and

3-8 (b) Provides to the person who answers the telephone call the name,

3-9 address and telephone number of the business or organization, if any,

3-10 being represented by the caller.

3-11 2. A person shall not operate a device for automatic dialing and

3-12 announcing to place:

3-13 (a) A call that is received by a telephone located in this state during

3-14 the period between 9 p.m. and 9 a.m.; or

3-15 (b) A call-back or second call to the same telephone number, if a

3-16 person at the telephone number terminated the original call.

3-17 3. This section does not prohibit the use of [an automatic system] a

3-18 device for automatic dialing and announcing to dial the number of and

3-19 play a recorded message to a person with whom the [system’s owner]

3-20 person using the device or another person affiliated with the person

3-21 using the device has a preexisting business relationship.

3-22 [3. A person who violates this section is guilty of a misdemeanor.]

3-23 Sec. 6. Chapter 598 of NRS is hereby amended by adding thereto the

3-24 provisions set forth as sections 7 and 8 of this act.

3-25 Sec. 7. A person engages in a "deceptive trade practice" when, in

3-26 the course of his business or occupation, he disseminates an unsolicited

3-27 prerecorded message to solicit a person to purchase goods or services by

3-28 telephone and he does not have a preexisting business relationship with

3-29 the person being called unless a recorded or unrecorded natural voice:

3-30 1. Informs the person who answers the telephone call of the nature

3-31 of the call; and

3-32 2. Provides to the person who answers the telephone call the name,

3-33 address and telephone number of the business or organization, if any,

3-34 represented by the caller.

3-35 Sec. 8. 1. In a county whose population is 400,000 or more, a

3-36 person who:

3-37 (a) Is a licensee, owner or employee of a business entity that is

3-38 licensed to operate an adult cabaret, erotic dance establishment or adult

3-39 night club; and

3-40 (b) While performing duties associated with the business entity, pays

3-41 or offers to pay remuneration of any kind, including, without limitation,

3-42 cash or services, to the owner or driver of a taxicab, limousine or bus

4-1 containing 21 or fewer passengers, or to an agent of the owner or driver,

4-2 for taking or attempting to take a passenger to a location other than the

4-3 destination requested by the passenger,

4-4 commits a deceptive trade practice for purposes of NRS 598.0903 to

4-5 598.0999, inclusive.

4-6 2. In any action brought pursuant to NRS 598.0903 to 598.0999,

4-7 inclusive, if the court finds the licensee or owner of a business entity

4-8 engaged in a deceptive trade practice described in subsection 1, or his

4-9 employee engaged in a deceptive trade practice described in subsection 1,

4-10 the licensee or owner is subject only to a civil penalty of:

4-11 (a) For the first violation, not less than $500 and not more than

4-12 $1,000;

4-13 (b) For the second violation, not less than $1,000 and not more than

4-14 $5,000; and

4-15 (c) For the third and subsequent violations, not less than $5,000 and

4-16 not more than $10,000.

4-17 3. If the violation of subsection 1 is the third or greater violation and

4-18 if:

4-19 (a) The violation was committed by the licensee or owner of the

4-20 business entity; or

4-21 (b) The violation was committed by an employee of the licensee or

4-22 owner, and the director determines that the licensee or owner knew or

4-23 should have known that the employee engaged in the act constituting the

4-24 violation,

4-25 the director shall order, in writing, all applicable licensing authorities to

4-26 suspend the license of the business entity for a period of not more than 6

4-27 months.

4-28 4. Upon receiving an order from the director pursuant to subsection

4-29 3, a licensing authority shall suspend the license of the licensee for the

4-30 period specified in the order.

4-31 5. As used in this section:

4-32 (a) "License" means a business license to operate an adult cabaret,

4-33 erotic dance establishment or adult night club.

4-34 (b) "Licensee" means the person to whom a license is issued.

4-35 (c) "Licensing authority" means a local government that licenses

4-36 adult cabarets, erotic dance establishments or adult night clubs.

4-37 Sec. 9. NRS 598.0903 is hereby amended to read as follows:

4-38 598.0903 As used in NRS 598.0903 to 598.0999, inclusive, and

4-41 this act, have the meanings ascribed to them in those sections.

5-1 Sec. 10. NRS 598.0999 is hereby amended to read as follows:

5-2 598.0999 1. A person who violates [any] a court order or injunction

5-43 appropriate relief.

6-1 Sec. 11. The amendatory provisions of this act do not apply to

6-2 offenses that are committed before October 1, 1999.