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. NRS 598.0905 is hereby amended to read as follows:

1-2 598.0905 "Advertisement" means the attempt by publication,

1-5 interest in any property.

1-6 Sec. 2. NRS 598.0915 is hereby amended to read as follows:

1-7 598.0915 A person engages in a "deceptive trade practice" if, in the

1-10 another.

2-1 2. Knowingly makes a false representation as to the source,

2-2 sponsorship, approval or certification of goods or services [.] for sale or

2-3 lease.

2-4 3. Knowingly makes a false representation as to affiliation, connection,

2-5 association with or certification by another.

2-6 4. Uses deceptive representations or designations of geographic origin

2-7 in connection with goods or services [.] for sale or lease.

2-8 5. Knowingly makes a false representation as to the characteristics,

2-9 ingredients, uses, benefits, alterations or quantities of goods or services for

2-10 sale or lease or a false representation as to the sponsorship, approval,

2-11 status, affiliation or connection of a person therewith.

2-12 6. Represents that goods for sale or lease are original or new if he

2-13 knows or should know that they are deteriorated, altered, reconditioned,

2-14 reclaimed, used or secondhand.

2-15 7. Represents that goods or services for sale or lease are of a particular

2-16 standard, quality or grade, or that such goods are of a particular style or

2-17 model, if he knows or should know that they are of another.

2-18 8. Disparages the goods, services or business of another by false or

2-19 misleading representation of fact.

2-20 9. Advertises goods or services with intent not to sell or lease them as

2-21 advertised.

2-22 10. Advertises goods or services for sale or lease with intent not to

2-23 supply reasonably expectable public demand, unless the advertisement

2-24 discloses a limitation of quantity.

2-25 11. Advertises under the guise of obtaining sales personnel when in

2-26 fact the purpose is to first sell or lease goods or services to the sales

2-27 personnel applicant.

2-28 12. Makes false or misleading statements of fact concerning the price

2-29 of goods or services [,] for sale or lease, or the reasons for, existence of or

2-30 amounts of price reductions.

2-31 13. Fraudulently alters any contract, written estimate of repair, written

2-32 statement of charges or other document in connection with the [provision]

2-33 sale or lease of goods or services.

2-34 14. Knowingly makes any other false representation in a transaction.

2-35 Sec. 3. NRS 598.0917 is hereby amended to read as follows:

2-36 598.0917 A person engages in a "deceptive trade practice" when in the

2-43 services or the terms of sale [.] or lease.

3-1 3. Requiring other sales or other undisclosed conditions to be met

3-2 before selling or leasing the advertised goods or services.

3-3 4. Refusal to take orders for the sale or lease of goods or services

3-4 advertised for delivery within a reasonable time.

3-5 5. Showing or demonstrating defective goods for sale or lease which

3-6 are unusable or impractical for the purposes set forth in the advertisement.

3-7 6. Accepting a deposit for the goods or services for sale or lease and

3-8 subsequently switching the purchase order or lease to higher priced goods

3-9 or services.

3-10 7. Tendering a lease of goods advertised for sale or a sale of goods

3-11 advertised for lease or tendering terms of sale or lease less favorable than

3-12 the terms advertised.

3-13 Sec. 4. NRS 598.092 is hereby amended to read as follows:

3-14 598.092 A person engages in a "deceptive trade practice" when in the

3-43 licensed.

4-1 6. Charges a fee for advice with respect to investment of money and

4-2 fails to disclose:

4-3 (a) That he is selling or offering to lease goods or services and, if he is,

4-4 their identity; or

4-5 (b) That he is licensed by an agency of any state or of the United States

4-6 to sell or to offer for sale investments or services for investments, or holds

4-7 any other license related to the service he is providing.

4-8 7. Notifies any person, by any means, as a part of an advertising plan

4-9 or scheme, that he has won a prize and that as a condition of receiving the

4-10 prize he must purchase or [rent] lease goods or services.

4-11 8. Fails to inform customers, if he does not allow refunds or exchanges,

4-12 that he does not allow refunds or exchanges by:

4-13 (a) Printing a statement on the face of the lease or sales receipt;

4-14 (b) Printing a statement on the face of the price tag; or

4-15 (c) Posting in an open and conspicuous place a sign at least 8 by 10

4-16 inches in size with boldface letters,

4-17 specifying that no refunds or exchanges are allowed.

4-18 Sec. 5. NRS 598.0923 is hereby amended to read as follows:

4-19 598.0923 A person engages in a "deceptive trade practice" when in the

4-27 4. Uses coercion, duress or intimidation in a transaction.

4-28 Sec. 5.1. Chapter 604 of NRS is hereby amended by adding thereto

4-29 the provisions set forth as sections 5.2 to 5.5, inclusive, of this act.

4-30 Sec. 5.2. A registrant, before deferring a deposit, shall provide each

4-31 borrower with a written agreement, approved by the commissioner, which

4-32 the borrower may keep and which contains the following information, in

4-33 English:

4-34 1. The identity of the registrant deferring the deposit and the name of

4-35 the registrant and the name and title of the employee who signs the

4-36 agreement;

4-37 2. An itemization of the fees and interest to be paid by the borrower;

4-38 3. Disclosures required for a similar transaction by the federal Truth

4-39 in Lending Act;

4-40 4. Disclosures required under any applicable state statute or

4-41 regulation; and

4-42 5. A clear description of the borrower’s obligations under the

4-43 deferred deposit.

5-1 Sec. 5.3. If a check is not paid upon presentment because of

5-2 insufficient funds, the registrant may collect a fee of not more than $25.

5-3 Only two such fees may be charged regardless of the number of times the

5-4 check is presented for payment.

5-5 Sec. 5.4. If the borrower defaults on the original loan made in the

5-6 form of a deferred deposit, or on any extension thereof, whichever is

5-7 later, the registrant may immediately pursue any available collection

5-8 proceedings on the amount of the loan made in the form of a deferred

5-9 deposit and all accrued charges and interest that are then due. The

5-10 interest charged from the date of the default on the loan made in the

5-11 form of a deferred deposit, or on any extension thereof, must not exceed

5-12 a rate equal to or less than the prime rate at the largest bank in the State

5-13 of Nevada, as ascertained by the commissioner on January 1 or July 1,

5-14 as the case may be, immediately preceding the date of default, plus 10

5-15 percent.

5-16 Sec. 5.5. It is unlawful for a registrant to:

5-17 1. Use or threaten to use the criminal process in this or any other

5-18 state, or any civil process not available to creditors generally, to collect

5-19 on a deferred deposit.

5-20 2. Make a loan made in the form of a deferred deposit that exceeds

5-21 one-third of the borrower’s expected monthly net income during the term

5-22 of the deferred deposit unless justified by particular circumstances. A

5-23 registrant is not in violation of the provisions of this subsection if the

5-24 borrower presents evidence of monthly net income to the registrant and

5-25 represents to the registrant in writing that the deferred deposit do not

5-26 exceed one-third of the borrower’s expected monthly net income during

5-27 the term of the deferred deposit.

5-28 3. Charge to cash a check representing the proceeds of a deferred

5-29 deposit.

5-30 4. Make more than one loan in the form of a deferred deposit to the

5-31 same borrower at one time unless the borrower is seeking multiple loans

5-32 in the form of a deferred deposits that do not exceed the limit set forth in

5-33 subsection 2.

5-34 5. Establish or extend the period for the repayment, renewal,

5-35 refinancing or consolidation of an outstanding loan made in the form of

5-36 a deferred deposit to the same borrower beyond 10 weeks after the

5-37 expiration of the initial loan period.

5-38 6. Accept any collateral for a loan made in the form of a deferred

5-39 deposit.

5-40 7. Include in the written agreement required by section 5.2 of this act

5-41 for a loan made in the form of a deferred deposit:

5-42 (a) A promise by the borrower to hold the lender harmless;

5-43 (b) A confession of judgment by the borrower;

6-1 (c) An assignment or order for payment of wages or other

6-2 compensation due the borrower; or

6-3 (d) A waiver of any claim or defense arising out of the agreement or a

6-4 waiver of any provision of this chapter.

6-5 Sec. 5.6. NRS 604.160 is hereby amended to read as follows:

6-6 604.160 A registrant shall:

6-13 provided.

6-14 Sec. 5.7. NRS 604.170 is hereby amended to read as follows:

6-15 604.170 1. The commissioner may establish by regulation:

6-23 necessary to carry out the provisions of this chapter.

6-24 Sec. 6. NRS 482.351 is hereby amended to read as follows:

6-25 482.351 1. No vehicle dealer or rebuilder may employ "bait and

6-32 section effective.

6-33 3. As used in this section, "bait and switch" advertising consists of

6-42 delivery within a reasonable time.

7-1 (e) Showing or demonstrating defective goods which are unusable or

7-2 impractical for the purposes set forth in the advertisement.

7-3 (f) Accepting a deposit for the goods or services and subsequently

7-4 switching the purchase order to higher priced goods or services.

7-5 Sec. 7. NRS 482.36395 is hereby amended to read as follows:

7-6 482.36395 No motor vehicle manufacturer, distributor, factory branch

7-36 reasonable criteria relating to sales , leases or service of motor vehicles.

7-37 Sec. 8. NRS 616C.205 is hereby amended to read as follows:

7-38 616C.205 Except as otherwise provided in this section and NRS

7-39 31A.150 and 31A.330, compensation payable or paid under chapters 616A

7-40 to 616D, inclusive, or chapter 617 of NRS, whether determined or due, or

7-41 not, is not, before the issuance and delivery of the check, assignable, is

7-42 exempt from attachment, garnishment and execution, and does not pass to

7-43 any other person by operation of law. In the case of the death of an injured

8-1 employee covered by chapters 616A to 616D, inclusive, or chapter 617 of

8-2 NRS from causes independent from the injury for which compensation is

8-3 payable, any compensation due the employee which was awarded or

8-4 accrued but for which a check was not issued or delivered at the date of

8-5 death of the employee is payable to his dependents as defined in NRS

8-6 616C.505.

8-7 Sec. 9. NRS 651.030 is hereby amended to read as follows:

8-8 651.030 1. Every owner or keeper of any hotel, inn, motel or motor

8-22 charged in excess of what he is entitled to charge.

8-23 Sec. 10. NRS 651.040 is hereby amended to read as follows:

8-24 651.040 1. As used in this section, unless the context otherwise

8-43 Both the registration card and the receipt must reflect the type of

9-1 accommodations supplied, the number of persons occupying the

9-2 accommodation and the rate charged each person therefor. An

9-3 establishment shall not charge more than the [posted rates, or require as a

9-4 condition of securing accommodations that any person pay for a greater

9-5 number of days than actually requested or that the accommodations are

9-6 actually occupied by the person or persons.] rates listed on the printed

9-7 statement required to be maintained by an owner or keeper of an

9-8 establishment pursuant to NRS 651.030.

9-9 3. For any violation of this section, or any provision herein contained,

9-10 the offender shall forfeit to the injured party 3 times the amount of the sum

9-11 charged in excess of what he is entitled to charge.

9-12 4. Any owner or keeper of any establishment who violates any of the

9-13 provisions of this section is guilty of a misdemeanor.

9-14 Sec. 11. The amendatory provisions of sections 9 and 10 of this act do

9-15 not apply to offenses that were committed before the effective date of those

9-16 sections.

9-17 Sec. 12. 1. This section and sections 9, 10 and 11 of this act become

9-18 effective upon passage and approval.

9-19 2. Sections 1 to 7, inclusive, of this act become effective on October 1,

9-20 1999.

9-21 3. Section 8 of this act becomes effective at 12:01 a.m. on October 1,

9-22 1999.