Assembly Bill No. 283–Committee on Commerce and Labor
(On Behalf of Consumer Affairs Division)
February 18, 1999
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Referred to Committee on Commerce and Labor
SUMMARY—Revises provisions governing solicitation by telephone. (BDR 52-743)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. NRS 599B.090 is hereby amended to read as follows: 599B.090 1. An applicant for registration as a seller must submit to1-3
the division, in such form as it prescribes, a written application for1-4
registration. The application must:1-5
(a) Set forth the name of the applicant, including each name under1-6
which he intends to do business;1-7
(b) Set forth the name of any parent or affiliated entity that:1-8
(1) Will engage in a business or other transaction with the consumer1-9
relating to any sale or donation solicited by the applicant; or1-10
(2) Accepts responsibility for any statement or act of the applicant1-11
relating to any sale or donation solicited by the applicant;1-12
(c) Set forth the complete street address of each location, designating1-13
the principal location, from which the applicant will be doing business;1-14
(d) Contain a list of all telephone numbers to be used by the applicant,1-15
with the address where each telephone using these numbers will be1-16
located;1-17
(e) Set forth the name and address of each:2-1
(1) Principal officer, director, trustee, shareholder, owner or partner2-2
of the applicant, and of each other person responsible for the management2-3
of the business of the applicant;2-4
(2) Person responsible for a location from which the applicant will do2-5
business; and2-6
(3) Salesman to be employed by or otherwise associated with the2-7
applicant;2-8
(f) Be accompanied by a copy of any:2-9
(1) Script, outline or presentation the applicant will require a2-10
salesman to use when soliciting or, if no such document is used, a2-11
statement to that effect;2-12
(2) Sales or donation information or literature to be provided by the2-13
applicant to a salesman, or of which the applicant will inform the2-14
salesman; and2-15
(3) Sales or donation information or literature to be provided by the2-16
applicant to a consumer in connection with any solicitation;2-17
(g) If the applicant is a corporation, be signed by an officer of the2-18
corporation; and2-19
(h) If the applicant is a natural person, be completed personally by the2-20
applicant.2-21
2. Any material submitted pursuant to paragraph (f) of subsection 1 is2-22
submitted for the records of the division and not for the approval of the2-23
division.2-24
3. The information provided pursuant to paragraph (f) of subsection 12-25
by an applicant for registration as a seller is confidential and may only be2-26
released to a law enforcement agency, to a court of competent jurisdiction2-27
or by order of a court of competent jurisdiction.2-28
4. If the applicant is other than a natural person, or if any parent or2-29
affiliated entity is identified pursuant to paragraph (b) of subsection 1, the2-30
applicant must, for itself and any such entity, identify its place of2-31
organization and:2-32
(a) In the case of a partnership, provide a copy of any written2-33
partnership agreement; or2-34
(b) In the case of a corporation, provide a copy of its articles of2-35
incorporation and bylaws.2-36
5. An application filed pursuant to this section must be verified and2-37
accompanied by:2-38
(a) A bond, letter of credit or certificate of deposit satisfying the2-39
requirements of NRS 599B.100;2-40
(b) A fee for registration in the amount of $6,000;2-41
(c) If subsection 6 applies, the additional bond, letter of credit or2-42
certificate of deposit and the additional fee required by that subsection; and3-1
(d)3-2
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(1) The work card issued to the seller pursuant to subsection 1 of3-4
NRS 599B.115; and3-5
(2) The work cards of any other persons associated with the seller3-6
who are required to obtain work cards pursuant to subsection 2 of NRS3-7
599B.115.3-8
6. If an applicant intends to do business under any assumed or3-9
fictitious name, he must, for each such name:3-10
(a) File an additional bond, letter of credit or certificate of deposit3-11
satisfying the requirements of NRS 599B.100; and3-12
(b) Pay an additional fee for registration in the amount of $6,000.3-13
Sec. 2. NRS 599B.115 is hereby amended to read as follows: 599B.115 1. Each applicant for registration as a seller3-15
3-16
obtain a work card issued pursuant to subsection 3 by the sheriff of the3-17
county in which the business of the applicant is located.3-18
2. Each principal officer, director, trustee, shareholder3-19
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seller, and each salesman associated with a seller who is not an employee3-22
of the seller, must obtain a work card issued pursuant to subsection 3 by3-23
the sheriff of the county in which the business of the seller is located that3-24
authorizes his association with the seller.3-25
3. The sheriff of a county shall issue a work card to3-26
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and who complies with the requirements established by the sheriff for the3-30
issuance of such a card. A work card issued pursuant to this section must3-31
be renewed each year.3-32
4. If the sheriff of a county requires an applicant for a work card to3-33
submit a set of his fingerprints with his application, the sheriff may submit3-34
the fingerprints to the central repository for Nevada records of criminal3-35
history and to the Federal Bureau of Investigation to determine the3-36
criminal history of the applicant.3-37
Sec. 3. NRS 599B.140 is hereby amended to read as follows: 599B.140 1. Each person registered pursuant to the provisions of this3-39
chapter must renew his registration annually by:3-40
(a) Paying the fee for registration;3-41
(b) Submitting to the division the application required by NRS3-42
599B.090 or 599B.120, whichever applies; and4-1
(c) If the person is a seller ,4-2
4-3
card obtained by:4-4
(1) The seller pursuant to subsection 1 of NRS 599B.115; and4-5
(2) Each principal officer, director, trustee, shareholder,4-6
owner , partner and4-7
associated with the seller who is not an employee of the seller, pursuant to4-8
subsection 2 of NRS 599B.115.4-9
2. Registration expires on the anniversary of the issuance of the4-10
registration. A registrant who wishes to renew his registration must do so4-11
on or before the date his registration expires.4-12
3. For the purposes of NRS 599B.080, a person who fails to renew his4-13
registration within the time required by this section is not registered4-14
pursuant to this chapter.4-15
4. Except as otherwise provided in NRS 599B.160, if any material4-16
change in the information submitted for registration occurs before the date4-17
for renewal, a registrant shall submit that information to the division within4-18
10 days after the registrant obtains knowledge of the change.~