AB 357 — Revises provisions relating to consumer protection. (BDR 18-887)

EXEMPTAssembly (ReprintedBill withNo. amendments adopted on May 20, 2021) FIRST REPRINT A.B.

357357–Assemblyman ASSEMBLYFrierson BILLNCHAPTER.......... O.

357–A SSEMBLYMAN F RIERSON M ARCH 22, 2021 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to consumer protection.

(BDR 18-887) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

(1) creates the Bureau of Consumer Protection within the Office Consumer Protection is the Consumer’s Advocate, who may generally exercise theu of power of the Attorney GeneralGeneral; in areas of consumer protection and enforcement.

and (2) provides that the executive head of the Bureau of power of the Attorney General in areas of consumer protection and enforcement.

(1) in certain actions brought by the Attorney General involving deceptive trade practices or unfair trade practices, any fees, civil penalties and any other money collected must be deposited in the State Treasury, in either the State General Fund or theedthe Attorney General’s Special Fund;

(NRSconsumer 598.0975,protection 598A.260)and Thisthe billprevention createsof twofraud.ew new accounts to be used for consumerSection protection2 andof this bill creates the preventionConsumer Protection Legal Account in the Office of fraud.the Attorney General.

Section 23 ofprovides thisthat bill creates the Consumermoney Protection Legal Account in the Account must be allocated to:

(1) the Office of the Attorney General or the Consumer’sntConsumer’s Advocate to be used for consumer protection and efforts to prevent fraud including, - *AB357_R1* – 2 – without limitation, to pay for necessary staff to carry out such consumer protection and efforts to prevent fraud;

Under section 3, beginning on July 1, 2023, the money allocated to the Office of the Attorneystaff Generalto orcarry theout Consumer’sconsumer Advocateprotection mayand beefforts used to payprevent forfraud necessaryand if the amount of money allocated from the Account to pay for necessary staff to carry out suchmountsuch consumer protection and efforts to prevent fraud exceeds the amount required to pay for 120 days of operating costs for necessary staff to perform those actions, any such excess amount may be used to pay for additional purposes relating to consumer protection and efforts to prevent fraud.

(1) submit semiannual reports to the Office of the Attorney General that summarize activities submitundertaken anby audited statement regarding the uselegal ofaid moneyorganization receivedand frominclude thecertain Account)information; during the previous calendar year.

and (2) during the previous calendar year.ing the use of money received from the Account Section 4 of the bill creates the Consumer Protection Administrative Account in the Bureau of Consumer Protection.

and (2) provides that any - 81st Session (2021) – 2 – balance in excess of $500,000 in the Account on June 30 and December 31 of each year, and at any other time in the discretionConsumer ofProtection theLegal Consumer’sAccount. Advocate, reverts to changes to indicate the placement of sections 2, 3 and 4 within the Nevada Revised Statutes.

SectionsSection 65 and 7 of this bill reallocatemakes moneyconformingrts collectedto inchanges certainto actionsindicate brought by the Attorneyplacement Generalof involvingsections deceptive2, trade3 practices or unfair trade practices and provide4 thatwithin such money must be deposited in the ConsumerNevada ProtectionRevised AdministrativeStatutes. Account rather than the State General Fund or the Attorney General’s Special Fund.

THESections PEOPLE6 OFand THE7 STATEof OFthis NEVADA,bill REPRESENTEDreallocate INmoney SENATEcollected ANDin ASSEMBLY,certain DOactions ENACTpractices ASand FOLLOWS:provide that such money must be deposited in the Consumerunfair trade Protection Administrative Account rather than the State General Fund or the Attorney General’s Special Fund.

SectionEXPLANATION 1.– Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.

(a) Fifty percent to the Office of the Attorney General or the Consumer’s Advocate, to be used for consumer protection and - *AB357_R1* – 3 – efforts to prevent fraud, including, without limitation, education, investigation, enforcement and litigation.

and (2) If the amount of money in the Account that is allocated pursuant to this paragraph exceeds the amount required to pay for 120 days of operating costs for necessary staff to carry out such consumer protection and efforts to prevent fraud, may use any such excess amount of money for additional purposes relating to consumer protection and efforts to prevent fraud.

(b)- Fifty81st percentSession to(2021) the– following3 legal– aid organizations, or their successors, in the following percentages:

organizations, or (1) Seventy percent to the organization operating the program for legal services in a county whose population is 700,000 or more that receives the fees charged pursuant to NRS 19.031 for programs for the indigent, to be used to provide legal services in a county whose population is 700,000 or more;

and (3) Eleven percent to the organization operating the program for legal services in a county whose population is 100,000 or more but less than 700,000 that receives the fees charged pursuant to NRS 19.031 for programs for the indigent, to be used to provide legal services in a county whose population is 100,0001002.00Each orlegal moreaid butorganization lesslisted thanin 700,000.paragraph (b) of subsection 1 shall:

2.

Each legal aid organization listed in paragraph (b) of subsection 1 shall:

- *AB357_R1* – 4 – (4) Statistical information on the number of persons served;served(5) An accounting of the use of the money, including, without limitation, the specific amount of money used for salaries, costs and expenses.

and (5) An accounting of the use of the money, including, without limitation, the specific amount of money used for salaries, costs and expenses.

- 81st Session (2021) – 4 – 4.

Sec.Account is hereby created in the Bureau of Consumer Protection.ive 2.

4.

1.

The Consumer Protection Administrative Account is hereby created in the Bureau of Consumer Protection.

2.