Assembly Bill No. 245–Assemblymen Chowning, Anderson, Arberry, Brown, Carpenter, Claborn, Collins, de Braga, Freeman, Giunchigliani, Goldwater, Hettrick, Koivisto, Manendo, Marvel, McClain, Neighbors, Nolan, Parks, Perkins and Smith

 

February 26, 2001

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Makes various changes relating to advertising and charges by tour operators and tour brokers. (BDR 52‑1021)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: Yes.

 

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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; requiring tour operators and tour brokers to make certain disclosures relating to price in an advertisement for a tour; prohibiting tour operators and tour brokers from charging more for a tour than the price disclosed in an advertisement for the tour; requiring a tour operator and a tour broker to include certain information in a billing invoice and receipt; providing a penalty; 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. Chapter 598 of NRS is hereby amended by adding thereto a

1-2  new section to read as follows:

1-3    1.  In each advertisement for a tour, a tour operator and a tour

1-4  broker shall disclose in a clear and conspicuous manner the total cash

1-5  price a customer is required to pay to take the tour. Unless the inclusion

1-6  of a fee or tax in the total cash price would violate a specific statute of

1-7  this state or a federal statute or regulation, the total cash price must

1-8  include, without limitation, all fees, taxes and other charges that a

1-9  customer for a tour is required to pay to take the tour. If a fee or tax

1-10  cannot be included in the total cash price because its inclusion would

1-11  violate a specific statute of this state or a federal statute or regulation, the

1-12  tour operator or tour broker, as applicable, shall disclose in a clear and

1-13  conspicuous manner that the fee or tax is not included in the total cash

1-14  price and must be paid in addition to the total cash price.

2-1    2.  A tour operator and a tour broker shall not charge a customer for

2-2  a tour an amount that exceeds the sum of:

2-3    (a) The total cash price for the tour which is disclosed in an

2-4  advertisement for the tour; and

2-5    (b) Any fee or tax that is not included in the total cash price because

2-6  its inclusion would violate a specific statute of this state or a federal

2-7  statute or regulation.

2-8    3.  On a billing invoice or receipt given to a customer for a tour, a

2-9  tour operator and a tour broker shall provide a clear and conspicuous

2-10  notice which:

2-11    (a) Sets forth the provisions of subsection 2;

2-12    (b) States that complaints concerning the charges for a tour may be

2-13  directed to the consumer affairs division of the department of business

2-14  and industry; and

2-15    (c) Provides a telephone number for the consumer affairs division of

2-16  the department of business and industry.

2-17    4.  The failure of a tour operator or tour broker to comply with a

2-18  provision of this section constitutes a deceptive trade practice for the

2-19  purposes of NRS 598.0903 to 598.0999, inclusive.

2-20    5.  As used in this section:

2-21    (a) “Advertise” and “advertisement” mean the attempt by publication,

2-22  dissemination, solicitation or circulation to induce, directly or indirectly,

2-23  any person to take a tour.

2-24    (b) “Tour broker” means a person who advertises a tour for a tour

2-25  operator and collects money from customers for a tour.

2-26    (c) “Tour operator” means a person who engages in the business of

2-27  providing a tour with a duration of 24 hours or less to customers.

2-28    Sec. 2.  NRS 598.0999 is hereby amended to read as follows:

2-29    598.0999  1.  A person who violates a court order or injunction issued

2-30  pursuant to NRS 598.0903 to 598.0997, inclusive, upon a complaint

2-31  brought by the commissioner, the director, the district attorney of any

2-32  county of this state or the attorney general shall forfeit and pay to the state

2-33  general fund a civil penalty of not more than $10,000 for each violation.

2-34  For the purpose of this section, the court issuing the order or injunction

2-35  retains jurisdiction over the action or proceeding. Such civil penalties are in

2-36  addition to any other penalty or remedy available for the enforcement of

2-37  the provisions of NRS 598.0903 to 598.0997, inclusive.

2-38    2.  In any action brought pursuant to NRS 598.0903 to 598.0999,

2-39  inclusive, if the court finds that a person has willfully engaged in a

2-40  deceptive trade practice, the commissioner, the director, the district

2-41  attorney of any county in this state or the attorney general bringing the

2-42  action may recover a civil penalty not to exceed $2,500 for each violation.

2-43    3.  A natural person, firm, or any officer or managing agent of any

2-44  corporation or association who knowingly and willfully engages in a

2-45  deceptive trade practice, other than a deceptive trade practice described in

2-46  NRS 598.992:

2-47    (a) For the first offense, is guilty of a misdemeanor.

2-48    (b) For the second offense, is guilty of a gross misdemeanor.

3-1    (c) For the third and all subsequent offenses, is guilty of a category D

3-2  felony and shall be punished as provided in NRS 193.130.

3-3    4.  Any offense which occurred within 10 years immediately preceding

3-4  the date of the principal offense or after the principal offense constitutes a

3-5  prior offense for the purposes of subsection 3 when evidenced by a

3-6  conviction, without regard to the sequence of the offenses and convictions.

3-7    5.  If a person violates any provision of NRS 598.0903 to 598.0999,

3-8  inclusive, 598.100 to 598.2801, inclusive, 598.281 to 598.289, inclusive,

3-9  598.840 to 598.966, inclusive, or 598.992, or section 1 of this act, or fails

3-10  to comply with a judgment or order of any court in this state concerning a

3-11  violation of such a provision, or fails to comply with an assurance of

3-12  discontinuance or other agreement concerning an alleged violation of such

3-13  a provision, the commissioner or the district attorney of any county may

3-14  bring an action in the name of the State of Nevada seeking:

3-15    (a) The suspension of the person’s privilege to conduct business within

3-16  this state; or

3-17    (b) If the defendant is a corporation, dissolution of the corporation.

3-18  The court may grant or deny the relief sought or may order other

3-19  appropriate relief.

3-20    Sec. 3.  The amendatory provisions of this act do not apply to offenses

3-21  committed before October 1, 2001.

 

3-22  H