Assembly Bill No. 439–Assemblyman Brower

 

March 19, 2001

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Revises provisions relating to solicitation by telephone. (BDR 52‑1263)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    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 solicitation by telephone; requiring the establishment of a registry of consumers who do not wish to receive unsolicited telephone calls for the sale of goods or services; 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 599B of NRS is hereby amended by adding thereto

1-2  the provisions set forth as sections 2, 3 and 4 of this act.

1-3    Sec. 2.  1.  The commissioner shall establish and maintain or cause

1-4  to be established and maintained, a registry that includes the names of

1-5  consumers in this state who do not wish to receive unsolicited telephone

1-6  calls for the sale of goods or services. The commissioner may contract for

1-7  the establishment and maintenance of the registry. The registry must be

1-8  revised at least quarterly and be available to a seller for a fee established

1-9  by the commissioner.

1-10    2.  The commissioner shall provide to the consumers in this state

1-11  information concerning the establishment of the registry, including

1-12  information concerning the procedure for requesting inclusion in the

1-13  registry.

1-14    3.  A consumer who wishes to be included in the registry may notify

1-15  the commissioner by a toll-free telephone number provided by the

1-16  commissioner or any other method authorized by the commissioner. A

1-17  consumer who wishes to have his name removed from the registry must

1-18  submit a written request to the commissioner.

1-19    Sec. 3.  A person who publishes telephone directories for distribution

1-20  to the general public in this state shall ensure that each telephone

1-21  directory includes a statement of the provisions of sections 2, 3 and 4 of

1-22  this act.

2-1    Sec. 4.  1.  Except as otherwise provided in subsection 2, a seller

2-2  shall not make an unsolicited telephone call for the sale of goods or

2-3  services to a consumer whose name has been included in the registry for

2-4  30 days or more.

2-5    2.  The attorney general shall not institute a legal proceeding against

2-6  a seller who violates the provisions of subsection 1 if the seller provides

2-7  proof that the telephone call was made in error and that the seller:

2-8    (a) Obtained a copy of the registry and established written policies and

2-9  procedures concerning the provisions of sections 2, 3 and 4 of this act;

2-10    (b) Provided training to his employees concerning the provisions of

2-11  sections 2, 3 and 4 of this act; and

2-12    (c) Maintained records evidencing compliance with the provisions of

2-13  paragraphs (a) and (b).

2-14    Sec. 5. NRS 599B.025 is hereby amended to read as follows:

2-15    599B.025  1.  The attorney general may adopt regulations establishing

2-16  standards of conduct for registrants and any other regulations necessary to

2-17  exercise the powers and carry out the duties of the attorney general as set

2-18  forth in this chapter.

2-19    2.  The commissioner and the attorney general shall jointly adopt rules

2-20  of practice establishing a procedure for processing complaints received

2-21  concerning sellers and salesmen, whether or not the sellers and salesmen

2-22  are registered pursuant to this chapter. The rules of practice:

2-23    (a) Must provide for the sharing of information and for the initial review

2-24  of complaints by the attorney general before mediation by the

2-25  commissioner; and

2-26    (b) May provide procedures for mediation by the commissioner after

2-27  initial review by the attorney general.

2-28    3.  The commissioner may adopt [rules] :

2-29    (a) Regulations to carry out the provisions of sections 2, 3 and 4 of

2-30  this act; and

2-31    (b) Rules of practice necessary to administer and carry out the

2-32  provisions of this chapter pertaining to the registration of sellers and

2-33  salesmen. The rules of practice must not restrict the powers and duties of

2-34  the attorney general as set forth in this chapter.

2-35    Sec. 6.  NRS 599B.255 is hereby amended to read as follows:

2-36    599B.255  1.  Except as otherwise provided in NRS 599B.213, the

2-37  attorney general or the district attorney of any county in this state may

2-38  prosecute a person who willfully violates, either directly or indirectly, the

2-39  provisions of this chapter[.] , except sections 2, 3 and 4 of this act. Except

2-40  as otherwise provided in subsection 3, such a person:

2-41    (a) For the first offense within 10 years, is guilty of a misdemeanor.

2-42    (b) For the second offense within 10 years, is guilty of a gross

2-43  misdemeanor.

2-44    (c) For the third and all subsequent offenses within 10 years, is guilty of

2-45  a category D felony and shall be punished as provided in NRS 193.130, or

2-46  by a fine of not more than $50,000, or by both fine and the punishment

2-47  provided in NRS 193.130.

2-48    2.  Any offense which occurs within 10 years immediately preceding

2-49  the date of the principal offense or after the principal offense constitutes a

3-1  prior offense for the purposes of subsection 1 when evidenced by a

3-2  conviction, without regard to the sequence of the offenses and convictions.

3-3    3.  A person who violates any provision of NRS 599B.080 is guilty of a

3-4  category D felony and shall be punished as provided in NRS 193.130, or

3-5  by a fine of not more than $50,000, or by both fine and the punishment

3-6  provided in NRS 193.130.

3-7    4.  Property or proceeds attributable to any violation pursuant to the

3-8  provisions of this section are subject to forfeiture in the manner provided

3-9  by NRS 179.1156 to 179.121, inclusive.

3-10    Sec. 7.  This act becomes effective upon passage and approval for the

3-11  purpose of adopting regulations and on October 1, 2001, for all other

3-12  purposes.

 

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