Amendment No. 984

Assembly Amendment to Senate Bill No. 128 Second Reprint (BDR 54-607)

Proposed by: Committee on Commerce and Labor

Amendment Box:

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 sec. 2, page 2, by deleting lines 21 through 29, and inserting:

"order to the person to cease and desist the unlawful advertising and to:

(a) Cause any telephone number included in the advertising, other than a telephone number to a provider of paging services, to be disconnected.

(b) Request the provider of paging services to change the number of any beeper which is included in the advertising or disconnect the paging services to such a beeper, and to inform the provider of paging services that the request is made pursuant to this section.

4. If a person fails to comply with paragraph (a) of subsection 3 within 5 days after the date that he receives an order pursuant to subsection 3, the board may request the public utilities commission of Nevada to order the appropriate provider of telephone service to disconnect any telephone number included in the advertisement, except for a telephone number to a provider of paging services. If a person fails to comply with paragraph (b) of subsection 3 within 5 days after the date he receives an order pursuant to subsection 3, the board may request the provider of paging services to switch the beeper number or disconnect the paging services provided to the person, whichever the provider deems appropriate.

5. If the provider of paging services receives a request from a person pursuant to subsection 3 or a request from the board pursuant to subsection 4, it shall, at its discretion:

(a) Disconnect the paging service to the person; or

(b) Switch the beeper number of the paging service provided to the person.

If the provider of paging services elects to switch the number pursuant to paragraph (b), it shall not forward or offer to forward the paging calls from the previous number, or provide or offer to provide a recorded message that includes the new beeper number.

6. As used in this section [, "advertising"] :".

Amend sec. 2, page 2, line 37, after "(b)" by inserting:

""Beeper" means a portable electronic device which is used to page the person carrying it by emitting an audible or a vibrating signal when the device receives a special radio signal.

(c) "Provider of paging services" means an entity, other than a public utility, that provides paging service to a beeper.

(d)".

Amend sec. 4, page 3, by deleting line 17 and inserting:

"1. Upon receiving a".

Amend sec. 4, page 3, line 20, by deleting:

"without holding a hearing." and inserting:

"to disconnect the telephone number if, after notice and a hearing, the commission determines that the facts are sufficient to justify such an order.".

Amend the bill as a whole by adding a new section designated sec. 6, following sec. 5, to read as follows:

"Sec. 6. Subsection 5 of section 2 of this act shall not be interpreted or applied in a manner to unconstitutionally interfere with contractual rights in effect at the time this act becomes effective. For purposes of this section, the date the contract was last renewed shall be deemed to be the effective date of the rights contained therein.".

Amend the title of the bill by deleting the fourth through sixth lines and inserting:

"for which the advertiser does not have the required license; authorizing the board to request a provider of paging services to switch a beeper number or disconnect paging services to a beeper included in such advertising; requiring such providers of services to comply with the orders; and providing other matters properly relating thereto.".

Amend the summary of the bill to read as follows:

"SUMMARY—Authorizes state contractors’ board to request that telephone number be disconnected and to request beeper number be switched or disconnected if telephone or beeper number is included in certain unlawful advertisements. (BDR 54-607)".