Amendment No. 1120

Senate Amendment to Assembly Bill No. 193 First Reprint (BDR 52-84)

Proposed by: Committee on Commerce and Labor

Amendment Box: Replaces Amendments Nos. 1000 and 1095.

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend section 1, page 1, line 2, by deleting:

"2 to 5, inclusive," and inserting:

"2, 3 and 4".

Amend sec. 2, page 1, line 3, by deleting:

"2 to 5, inclusive," and inserting:

"2, 3 and 4".

Amend sec. 3, page 2, by deleting line 9 and inserting:

"2. A nonprofit organization.".

Amend sec. 3, page 2, between lines 24 and 25, by inserting:

"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."

Amend the bill as a whole by deleting sec. 4 and renumbering sections 5 and 6 as sections 4 and 5.

Amend sec. 5, page 3, lines 12 and 13, by deleting:

"and sections 2, 3 and 4 of this act".

Amend sec. 5, page 3, lines 15 and 16, by deleting:

"597.930 and sections 2, 3 and 4 of this act," and inserting "597.930,".

Amend sec. 6, page 3, line 39, by deleting "6" and inserting "9".

Amend the bill as a whole by adding new section designated sec. 6, following sec. 6, to read as follows:

"Sec. 6. Chapter 598 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 and 8 of this act.".

Amend sec. 7, page 4, by deleting lines 5 through 7 and inserting:

"Sec. 7. A person engages in a "deceptive trade practice" when, in the course".

Amend the bill as a whole by renumbering sections 8 through 10 as sections 9 through 11 and adding a new section designated sec. 8, following sec. 7, to read as follows:

Sec. 8. 1. In a county whose population is 400,000 or more, a person 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 violation,

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.".

Amend sec. 9, page 4, line 33 and 34, by deleting:

"598.0979 to 598.099, inclusive," and inserting:

"[598.0979 to 598.099, inclusive,] 598.0903 to 598.0999, inclusive, and section 7 of this act,".

Amend sec. 9, page 4, line 40, by deleting "practice:" and inserting:

"[practice:] practice, other than a deceptive trade practice described in section 8 of this act:".

Amend sec. 9, page 5, line 9, after "598.966, inclusive," by inserting:

"and section 8 of this act,".

Amend the title of the bill, fifth line, after "circumstances;" by inserting:

"providing that payment of remuneration to certain drivers of taxicabs, limousines and buses under certain circumstances constitutes a deceptive trade practice;".

Amend the summary of the bill, second line, by deleting the period and inserting:

"and establishing certain actions as deceptive trade practices.".