Assembly Bill No. 152–Committee on Commerce and Labor

 

(On Behalf of the Office of the Attorney General)

 

February 15, 2001

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Authorizes court to award reasonable attorney’s fees and costs in certain actions relating to deceptive trade practices. (BDR 52‑485)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to deceptive trade practices; authorizing a court to award reasonable attorney’s fees and costs in certain actions relating to those practices; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. NRS 598.0999 is hereby amended to read as follows:

1-2    598.0999  1.  A person who violates a court order or injunction issued

1-3  pursuant to NRS 598.0903 to 598.0997, inclusive, upon a complaint

1-4  brought by the commissioner, the director, the district attorney of any

1-5  county of this state or the attorney general shall forfeit and pay to the state

1-6  general fund a civil penalty of not more than $10,000 for each violation.

1-7  For the purpose of this section, the court issuing the order or injunction

1-8  retains jurisdiction over the action or proceeding. Such civil penalties are in

1-9  addition to any other penalty or remedy available for the enforcement of

1-10  the provisions of NRS 598.0903 to 598.0997, inclusive.

1-11   2.  In any action brought pursuant to NRS 598.0903 to 598.0999,

1-12  inclusive, if the court finds that a person has willfully engaged in a

1-13  deceptive trade practice, the commissioner, the director, the district

1-14  attorney of any county in this state or the attorney general bringing the

1-15  action may recover a civil penalty not to exceed $2,500 for each violation.

1-16  The court in any such action may, in addition to any other relief or

1-17  reimbursement, award reasonable attorney’s fees and costs.

1-18   3.  A natural person, firm, or any officer or managing agent of any

1-19  corporation or association who knowingly and willfully engages in a

2-1  deceptive trade practice, other than a deceptive trade practice described in

2-2  NRS 598.992:

2-3   (a) For the first offense, is guilty of a misdemeanor.

2-4   (b) For the second offense, is guilty of a gross misdemeanor.

2-5   (c) For the third and all subsequent offenses, is guilty of a category D

2-6  felony and shall be punished as provided in NRS 193.130.

2-7   4.  Any offense which occurred within 10 years immediately preceding

2-8  the date of the principal offense or after the principal offense constitutes a

2-9  prior offense for the purposes of subsection 3 when evidenced by a

2-10  conviction, without regard to the sequence of the offenses and convictions.

2-11   5.  If a person violates any provision of NRS 598.0903 to 598.0999,

2-12  inclusive, 598.100 to 598.2801, inclusive, 598.281 to 598.289, inclusive,

2-13  598.840 to 598.966, inclusive, or 598.992, fails to comply with a judgment

2-14  or order of any court in this state concerning a violation of such a

2-15  provision, or fails to comply with an assurance of discontinuance or other

2-16  agreement concerning an alleged violation of such a provision, the

2-17  commissioner or the district attorney of any county may bring an action in

2-18  the name of the State of Nevada seeking:

2-19   (a) The suspension of the person’s privilege to conduct business within

2-20  this state; or

2-21   (b) If the defendant is a corporation, dissolution of the corporation.

2-22  The court may grant or deny the relief sought or may order other

2-23  appropriate relief.

2-24    Sec. 2.  This act becomes effective on July 1, 2001.

 

2-25  H