Amendment No. 37

 

Assembly Amendment to Assembly Bill No. 232                                                              (BDR 52‑1073)

Proposed by: Committee on Commerce and Labor

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:               Title:              Preamble:               Joint Sponsorship:

 

Adoption of this amendment will MAINTAIN a 2/3s majority vote requirement for final passage of AB232 (§§ 10, 13).

 

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. 7, page 4, line 42, by deleting “Attorney General” and inserting “Consumer’s Advocate”.

     Amend sec. 7, page 5, line 13, by deleting “Attorney General” and inserting “Consumer’s Advocate”.

     Amend sec. 7, page 5, line 21, by deleting “Attorney General.” and inserting “Consumer’s Advocate.”.

     Amend sec. 7, page 5, line 22, by deleting “Attorney General” and inserting “Consumer’s Advocate”.

     Amend sec. 7, page 5, lines 33 and 34, by deleting “Attorney General” and inserting “Consumer’s Advocate”.

     Amend sec. 7, page 5, line 35, by deleting “Attorney General.” and inserting “Consumer’s Advocate.”.

     Amend sec. 7, page 5, line 36, after “4.” by inserting:

If a person requests that his telephone number be included in the registry, the person must indicate whether he authorizes callers with whom he has an established business relationship, and affiliates of those callers, to make unsolicited sales calls for the sale of goods or services to him despite the inclusion of his telephone number in the registry. If the person does not indicate his choice with regard to such authorization, he shall be deemed to have chosen to authorize such calls. The person may request to change his choice with regard to such authorization using any of the procedures with which he may request to include or maintain his telephone number in the registry. The person’s choice with regard to such authorization must be included in the registry and in every list of the telephone numbers in the registry published while that choice is in effect.        5.  In publishing a list of the telephone numbers in the registry, the Consumer’s Advocate shall publish the list with two distinct portions. One portion must include the telephone number of each person who has chosen to authorize callers with whom the person has an established business relationship, and affiliates of those callers, to make unsolicited sales calls for the sale of goods or services to him despite the inclusion of his telephone number in the registry. The other portion must include the telephone number of each person who has chosen not to authorize callers with whom the person has an established business relationship, and affiliates of those callers, to make unsolicited sales calls for the sale of goods or services to him.

     6.”.

     Amend sec. 7, page 5, line 38, by deleting “Attorney General” and inserting “Consumer’s Advocate”.

     Amend sec. 8, page 5, line 39, by deleting “Attorney General” and inserting “Consumer’s Advocate”.

     Amend sec. 8, page 6, lines 11 and 17, by deleting “Attorney General” and inserting “Consumer’s Advocate”.

     Amend sec. 9, page 6, line 27, by deleting “Attorney General” and inserting “Consumer’s Advocate”.

     Amend sec. 10, page 6, line 32, by deleting “Attorney General.” and inserting “Consumer’s Advocate.”.

     Amend sec. 11, page 6, line 35, by deleting “A” and inserting:

Except as otherwise provided in this section, a”.

     Amend sec. 11, page 6, line 38, after “registry.” by inserting:

A telephone solicitor may make an unsolicited telephone call for the sale of goods or services to a telephone number in the currently effective version of the list if:

     (a) The telephone solicitor, or an affiliate of the telephone solicitor, has an established business relationship with the person whose telephone number is called; and

     (b) The list indicates that the person whose telephone number is called chose to authorize callers with whom he has an established business relationship, and affiliates of those callers, to make unsolicited sales calls for the sale of goods or services to him despite the inclusion of his telephone number in the registry.”.

     Amend sec. 12, page 7, lines 4 and 5, by deleting “Attorney General” and inserting “Consumer’s Advocate”.

     Amend sec. 12, page 7, lines 18 and 19, by deleting “Attorney General,” and inserting “Consumer’s Advocate,”.

     Amend sec. 12, page 7, line 23, by deleting “Attorney General” and inserting “Consumer’s Advocate”.

     Amend sec. 13, page 7, lines 28, 31, 32, 39 and 43, by deleting “Attorney General” and inserting “Consumer’s Advocate”.

     Amend sec. 13, page 8, lines 1, 7, 24, 33 and 36, by deleting “Attorney General” and inserting “Consumer’s Advocate”.

     Amend sec. 13, page 8, line 39, by deleting “Attorney General.” and inserting “Consumer’s Advocate.”.

     Amend sec. 13, page 8, line 41, by deleting “Attorney General” and inserting “Consumer’s Advocate”.

     Amend sec. 13, page 8, line 43, by deleting “Attorney General;” and inserting “Consumer’s Advocate;”.

     Amend sec. 13, page 9, line 5, by deleting “Attorney General,” and inserting “Consumer’s Advocate,”.

     Amend sec. 14, page 9, line 10, after “inclusive.” by inserting:

For the purposes of enforcing the provisions of sections 3 to 16, inclusive, of this act, the Consumer’s Advocate may exercise the authority of the Attorney General pursuant to NRS 598.0903 to 598.0999, inclusive.”.

     Amend sec. 15, page 9, line 13, by deleting “Attorney General.” and inserting “Consumer’s Advocate.”.

     Amend sec. 15, page 9, lines 14, 22 and 29, by deleting “Attorney General” and inserting “Consumer’s Advocate”.

     Amend sec. 16, page 9, line 34, by deleting “Attorney General” and inserting “Consumer’s Advocate”.

     Amend the bill as a whole by renumbering sec. 17 as sec. 19 and adding new sections designated sections 17 and 18, following sec. 16, to read as follows:

     “Sec. 17. NRS 228.300 is hereby amended to read as follows:

     228.300  As used in NRS 228.300 to 228.390, inclusive, and sections 3 to 16, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 228.302 to 228.308, inclusive, have the meanings ascribed to them in those sections.

     Sec. 18. The State Treasurer shall, upon passage and approval of this act, transfer $200,000:

     1.  From the account within the Attorney General’s Special Fund for money deposited pursuant to subsection 1 of NRS 598A.260; and

     2.  To the Registry Fund created by section 15 of this act.”.

     Amend sec. 17, page 9, line 38, by deleting “regulations” and inserting:

“regulations, transferring money pursuant to section 18 of this act,”.

     Amend sec. 17, page 9, lines 40 and 41, by deleting “Attorney General” and inserting “Consumer’s Advocate”.

     Amend the title of the bill to read as follows:

“AN ACT relating to telephone solicitation; requiring the establishment of a registry of certain telephone numbers; requiring the publication of a list of certain telephone numbers; prohibiting a telephone solicitor from making an unsolicited telephone call for the sale of goods or services to a telephone number included in the currently effective version of the list under certain circumstances; providing that the making of an unsolicited telephone call for the sale of goods and services is a deceptive trade practice under certain circumstances; creating the Registry Fund as a special revenue fund in the State Treasury; providing for money to be transferred to the Registry Fund; and providing other matters properly relating thereto.”.