Revises provisions governing trade practices. (BDR 52-684)
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AB 359 — Revises provisions governing trade practices. (BDR 52-684)
Last action — Approved by the Governor. Chapter 275.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 22, 2021. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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2 sponsors
1 primary, 1 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (1 D · 1 R) — cross-party backing.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
583 added · 601 removed583 line(s) added, 601 removed.
(ReprintedAssembly withBill amendmentsNo. adopted on April 19, 2021) FIRST REPRINT A.B.
359359– AAssemblywomen SSEMBLYConsidine; B ILLN O.
359–A SSEMBLYWOMAN CONSIDINE M ARCH 22, 2021 ____________ Referred to Committee on Commerce and LaborKasama SUMMARY—RevisesCHAPTER.......... provisions governing trade practices.
(BDR 52-684) FISCAL NOTE:
Effect on Local Government:
Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
LegSectionLegislative 4Counsel’s ofDigest: this bill requires a business and an agent or employee of a business that advertises in a language other than English and negotiates certain transactions in a language other than English to provide a translation of the contract or agreement that results from such advertising and negotiations in the language that was used in the advertisement and negotiation to the person who is party to the contract.
Section 4 of this bill requires sucha translatedbusiness contractsand an agent or agreementsemployee toof bea providedbusiness conditionthat advertises in a language other than English and negotiates certain transactions in a language other than English to provide a translation of the contract or agreement.was used in the advertisement and negotiation to the person who is party to thehat contract.
Section 4 requires such translated contracts or agreements to be provided before the execution of the contract or agreement and to include every term and condition in the contract or agreement.
Section 8 provides that certain words, authorizesexpressions aand personnumerals whoare isnot aggrievedrequired by a party that fails to complybe withtranslated. the bill provisions of sections 3-9 of this bill to rescind the contract or agreement.
Section 9 of this bill provisions of sections 3-9 of this bill to rescind the contract or agreement.
Section provides that the provisions of section 4, and, as a result, the provisions of this bill, do not apply to a person who:
(1) is a bank, savings and loan association, savings bank, thrift company or credit union;
(2) has a physical location;
and (3) engages in a transaction other than the issuance of a credit card or an automobile loan.
chapter 598 of NRS) Existing law provides that evidence which shows that a person has engaged in a deceptive trade practice is prima facie competition.evidence of intent to injure competitors and to destroy or substantially lessen person committing a deceptive trade practice by the Department of Motor Vehicles, existing law authorizes a court to impose a civil penalty of not more than $12,500 for each violation upon a person whom the court finds has engaged in a deceptive trade practice.
(NRS 598.0953) Unless a fine has been previously imposed against a - *AB359_R1* – 2 – person committing a deceptive trade practice by the Department of Motor Vehicles, existing law authorizes a court to impose a civil penalty of not more than $12,500 for each violation upon a person whom the court finds has engaged in a deceptive trade practice.
(NRS 598.0993) In addition to these mechanisms, existing law provides that when the Commissioner of Consumer Affairs or the Director of the Department of Business and Industry has cause to believe that a person has engaged or is engaging in any deceptive trade practice, the Commissioner or Director may request that the Attorney General represent him or her in instituting an appropriate legal proceeding, including an application for an injunction or temporary restraining order.
(NRS 598.0979) Existing law provides that if a person violates a court order or injunction resulting from a complaint - 81st Session (2021) – 2 – brought by the Commissioner, the Director, the district attorney of any county of this State or the Attorney General, the person is required to pay a civil penalty of hasnot willfullymore engagedthan in$10,000 afor deceptiveeach tradeviolation. practice, the person who committed therson violation:
(1)Furthermore, mayif havea tocourt payfinds notthat morea thanperson $5,000has willfully engaged in a deceptive trade practice, the person who committed the guilty of a misdemeanor for eachthe violation;first offense, a gross misdemeanor for the seconds offense and a category D felony for the third and all subsequent offenses.
and (2) is guilty of a misdemeanor for the first offense, a gross misdemeanor for the second offense and a category D felony for the third and all subsequent offenses.
Sections 10-22 of this bill make Statutes.gconforming changes to indicate the placement of section 2 in the Nevada Revised ExistingStatExisting law provides that certain deceptive trade practices constitute consumer fraud.
(NRS 482.554) Existing law provides that a person is deemed to engage in a deceptive trade practice in the business of automotive repairs if the person engages in certain deceptive trade practices487.6889, that598.0915-598.0925) involveSections the20-22 repair of athis motorbill vehicleinclude setthe forthdeceptive. in existing law.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
As used in sections 3 to 9, inclusive, of this act, unless the context otherwise requires, “contract or agreement” means the document that creates the rights and obligations of the - *AB359_R1* – 3 – parties which results from a negotiation or transaction described in section 4 of this act and which is not excluded pursuant to subsection 4 of section 4 of this act.
- 81st Session (2021) – 3 – Such subsequent documents that are authorized or contemplated include, without limitation:
(2) Sales slips or invoices which represent purchases made pursuantpursua(3) toMemoranda aof creditpurchases cardin agreement;an add-on sale;
(3) Memoranda of purchases in an add-on sale;
Except as otherwise provided in subsection 4 and section 8 of this act:
A person who, in the course of his or her business or occupation, advertises in a language other than English and negotiates orally or in writing any of the transactions listed in subsection 3 in a language other than English, or who allows an employee or agent of the person to advertise in a language other than English and to negotiate orally or in writing any of the transactions listed in subsection 3 in a language other than English, shall deliver a translation of the contract or agreement that results from such advertising and negotiations in the language that was used in the advertisement and negotiation of the contract or agreement to the person who is a party to the contract or agreement and to any other person who may sign the contract or agreement.
- *AB359_R1* – 4 – 3.
(b)- A81st lease,Session sublease,(2021) rental– contract4 or– agreement or other contract or agreement containing a term of tenancy if the lease, sublease, rental contract or agreement or other contract or agreement:
4.
The provisions of this section do not apply to a person who:
(a) Is a bank, savings and loan association, savings bank, thrift company or credit union;
Show all 120 changed lines (80 more)
(b) Has a physical location;
and (c) Engages in a transaction other than:
97A.050;
orhe issuance of a credit card, as defined in NRS (2) An automobile loan.
5.
As used in this section, “automobile loan” means a loan or an extension of credit that is expressly intended to finance the purchase of a motor vehicle, as defined in NRS 482.075, when the loan or credit is secured by the motor vehicle being purchased.
Except as otherwise provided in subsection 4 of section 4 of this act and section 8 of this act, if a financial institution is required pursuant to Regulation M or Regulation Z to provide a disclosure to a person in addition to any contract or agreement described in section 4 of this act, the financial institution shall be deemed to be in compliance with section 4 of this act if:
(a) The disclosure required pursuant to Regulation M or Regulation Z is translated into the same language that the contract or agreement was translated pursuant to section 4 of this act;
and or agreement was translated pursuant to section 4 of this (b) The translated disclosure is provided to the person who is a party to the contract or agreement and to any other person who may sign the contract or agreement before the execution of the contract or agreement.
- 81st Session (2021) – 5 – (b) “Regulation M” means the federal regulations, as amended, 12 C.F.R.
(c) “Regulation Z” means the federal regulations, as amended, 12and C.F.R.commonly known as Regulation Z.t to the Truth in Lending Act (d) “Truth in Lending Act” means the federal Truth in Lending Act, as amended, 15 U.S.C.
Part 226, adopted pursuant to the Truth in Lending Act and commonly known as Regulation Z.
(d) “Truth in Lending Act” means the federal Truth in Lending Act, as amended, 15 U.S.C.
Sec.Secs.
6.6 and 7.
7.
(Deleted by amendment.) - *AB359_R1* – 5 – Sec.
If a person fails to comply with the provisions of sections 3 to 9, inclusive, of this act, the aggrieved party may rescindresSec. the contract or agreement.
Sec.
Sec.- 81st Session (2021) – 6 – 598.0955 1.
12.The provisions of NRS 598.0903 to 598.0999,ows:
NRSinclusive, 598.0955and issection hereby2 amendedof tothis readact asdo follows:not apply to:
598.0955 1.
The provisions of NRS 598.0903 to 598.0999, inclusive, and section 2 of this act do not apply to:
- *AB359_R1* – 6 – 2.
The provisions of NRS 598.0903 to 598.0999, inclusive, and section 2 of this act do not apply to the use by a person of any service mark, trademark, certification mark, collective mark, trade name or other trade identification which was used and not abandoned prior to July 1, 1973, if the use was in good faith and is otherwise lawful except for the provisions of NRS 598.0903 to 598.0999, inclusive [.] , and section 2 of this act.act.8.0903 to Sec.
Sec.
If the Attorney General has reason to believe that a person has engaged or is engaging in a deceptive trade practice, the Attorney General may bring an action in the name of the State of Nevada against that person to obtain a temporary restraining order, a preliminary or permanent injunction, or other appropriate relief.
The subpoena must be served upon the person in the manner required for service of process in this State or by certified mail with return receipt- requested.81st Session (2021) – 7 – personally serve the subpoena.
An employee of the Attorney General may personallySec. serve the subpoena.
Sec.
The Commissioner and the Director, in addition to other powers conferred upon them by NRS 598.0903 to 598.0999, inclusive, and section 2 of this actact, may issue subpoenas to require the attendance of witnesses or the production of documents, conduct hearings in aid of any investigation or inquiry and prescribe such forms and adopt such regulations as may be necessary to administer the provisions of NRS 598.0903 to 598.0999, inclusive [.] , and section 2 of this act.
Such regulations may include, without limitation, provisions concerning the applicability of the provisions of NRS 598.0903 to 598.0999, - *AB359_R1* – 7 – inclusive, and section 2 of this act to particular persons or circumstances.
Except as otherwise provided in this subsection, service of any notice or subpoena must be made by certified mail with return receiptConsumer orAffairs asDivision otherwiseof allowedthe byDepartment law.of Business and Industry may personally serve a subpoena issued pursuant to this section.
An employee of the Consumer Affairs Division of the Department of Business and Industry may personally serve a subpoena issued pursuant to this section.
2.Commissioner must be conducted before the Director or his or her designee.
An administrative hearing on any action brought by the Commissioner must be conducted before the Director or his or her designee.
If, after conducting a hearing pursuant to the provisions of subsection 2, the Director or his or her designee determines that the person has violated any of the provisions of NRS 598.0903 to 598.0999, inclusive, and section 2 of this act or if the person fails to appear for the hearing after being properly served with the statement of charges and notice of hearing, the Director or his or her designee shall issue an order setting forth his or her findings of fact concerning- the81st violationSession and(2021) cause– to8 be– served a copy thereof upon the person and any intervener at the hearing.
- *AB359_R1* – 8 – (c) Provide restitution for any money or property improperly received or obtained as a result of the violation;
and (d) Impose an administrative fine of $1,000 or treble the amount of restitutionThe ordered,order whichevermust isbe greater.served upon the person directly or by certified or registered mail, return receipt requested.
The order must be served upon the person directly or by certified or registered mail, return receipt requested.
If a person fails to comply with any provision of an order issued pursuant to subsection 3, the Commissioner or the Director may, through the Attorney General, at any time after 30 days after the service of the order, cause an action to be instituted in the district court of the county wherein the person resides or has his or her principal place of business requesting the court to enforce the provisionsinjunctive ofrelief.order the order or to provide any other appropriate injunctive6. relief.
6.
and (c) The findings of the Director or his or her designee are supported by the weight of the evidence, - the81st courtSession shall(2021) issue– an9 order– enforcing the provisions of the order of the Director or his or her designee.designee.ing the provisions of the order 7.
7.
Upon the violation of any judgment, order or decree issued pursuant to subsection 6 or 7, the Commissioner, after a hearing - *AB359_R1* – 9 – thereon, may proceed in accordance with the provisions of NRSNRSSec. 598.0999.
Sec.
598.0993 The court in which an action is brought pursuant to NRS 598.0979 and 598.0985 to 598.099, inclusive, may make such additional orders or judgments as may be necessary to restore to any person in interest any money or property, real or personal, which may have been acquired by means of any deceptive trade practicepracticech which violates any of the provisions of NRS 598.0903 to 598.0999, inclusive, and section 2 of this act, but such additional orders or judgments may be entered only after a final determination has been made that a deceptive trade practice has occurred.
Except as otherwise provided in NRS 598.0974, a person who violates a court order or injunction issued pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, and section 2- 81st Session (2021) – 10 – of this act upon a complaint brought by the Commissioner, the Director, the district attorney of any county of this State or the Attorney General shall forfeit and pay to the State General Fund a civil penalty of not more than $10,000 for each violation.
For the purpose of this section, the court issuing the order or injunction retains jurisdiction over the action or proceeding.
Such civilciviltion penalties are in addition to any other penalty or remedy available for the enforcement of the provisions of NRS 598.0903 to 598.0999, inclusive [.] , and section 2 of this act.
- *AB359_R1* – 10 – 3.
The court may require the natural person, firm, or officer or managing agent of the corporation or association to pay to the aggrieved party damages on all profits derived from the knowing and willful engagement in a deceptive trade practice and treble damages on all damages suffered by reason of the deceptive trade practice.
If a person violates any provision of NRS 598.0903 to 598.0999, inclusive, and section 2 of this act, 598.100 to 598.2801, inclusive, 598.405 to 598.525, inclusive, 598.741 to 598.787, inclusive, 598.840 to 598.966, inclusive, or 598.9701 to 598.9718, inclusive, fails to comply with a judgment or order of any court in this State concerning a violation of such a provision, or fails to- comply81st withSession an(2021) assurance– of11 discontinuance– or other agreement concerning an alleged violation of such a provision, thethegreement Commissioner or the district attorney of any county may bring an action in the name of the State of Nevada seeking:
(a) The suspension of the person’s privilege to conduct business within this State;
or -of *AB359_R1*the –person’s 11privilege –to conduct business (b) If the defendant is a corporation, dissolution of the corporation.
(b) An action upon a contract, obligation or liability founded upon an instrument in writing, except those mentioned in thetheunded preceding sections of this chapter.
(d)- An81st actionSession against(2021) a– person12 alleged– to have committed a deceptive trade practice in violation of NRS 598.0903 to 598.0999, inclusive, and section 2 of this act, but the cause of action shall be deemed to accrue when the aggrieved party discovers, or by the exercise of due diligence should have discovered, the facts constituting the deceptive trade practice.
(c) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof, but in all cases where the subject of the action is a domestic animal usually included in the term “livestock,” which has a recorded mark or brand upon it at the time of its loss, and which strays or is stolen from the true owner without the owner’s fault, the statute does not begin to run against an action for the recovery of the animal until the owner has - *AB359_R1* – 12 – actual knowledge of such facts as would put a reasonable person upon inquiry as to the possession thereof by the defendant.
(e) An action pursuant to NRS 40.750 for damages sustained by a financial institution or other lender because of its reliance on certain fraudulent conduct of a borrower, but the cause of action in such a case shall be deemed to accrue upon the discovery by the financial institution or other lender of the facts constituting the concealmentcon4.almWithin or2 falseyears:atement. statement.
4.
Within 2 years:
- 81st Session (2021) – 13 – (c) An action for libel, slander, assault, battery, false imprisonment or seduction.
(e) Except as otherwise provided in NRS 11.215, an action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another.
- *AB359_R1* – 13 – Sec.
(a) An unlawful act as defined in NRS 119.330;
Sec.- 81st Session (2021) – 14 – 482.554 1.
21.The Department may impose an administrativeows:
NRSfine 482.554of isnot herebymore amendedthan to$10,000 readagainst asany follows:person who engages in a deceptive trade practice.
482.554 1.
The Department may impose an administrative fine of not more than $10,000 against any person who engages in a deceptive trade practice.
(2) Knowingly makes a false representation to the customer that the customer must sign another contract for the sale of the vehiclevehicle(3) onFails lessto favorableuse terms;the disclosure as required in subsection 3.
or (3) Fails to use the disclosure as required in subsection 3.
- *AB359_R1* – 14 – 3.
All administrative fines collected by the Department pursuant to thisthe sectioncredit mustof be deposited with the State TreasurerHighway toFund.ed thewith credit of the State HighwayTreasurer Fund.5.
5.
The provisions of this section do not deprive a person injured by a deceptive trade practice from resorting to any other legal remedy.aremedy. Sec.
Sec.
- 81st Session (2021) – 15 – 1.
H~~~~~ 21 - *AB359_R1*81st Session (2021)
Show all 120 changed rows (80 more)
View plain text versions (4)
- Enrolled As Enrolled Current pdf
- Reprint 1 View text pdf
- Reprint 2 View text pdf
- Introduced As Introduced pdf
Amendments
2 amendmentsClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Approved by the Governor. Chapter 275.
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Enrolled and delivered to Governor.
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Senate Amendment No. 620 concurred in. To enrollment.
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In Assembly.
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Read third time. Passed, as amended. Title approved. (Yeas: 21, Nays: None.) To Assembly.
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Taken from General File. Placed on General File for next legislative day.
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From printer. To re-engrossment. Re-engrossed. Second reprint. Taken from General File. Placed on General File for next legislative day.
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From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 620.) To printer.
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In Senate. Read first time. Referred to Committee on Commerce and Labor. To committee.
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From printer. To engrossment. Engrossed. First reprint. To Senate.
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Read third time. Passed, as amended. Title approved. (Yeas: 42, Nays: None.) To printer.
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From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 471.) Dispensed with reprinting.
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From printer. To committee.
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Read first time. Referred to Committee on Commerce and Labor. To printer.
Sponsors
- Venicia Considine · Primary
- Heidi Kasama · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 65 not signed on
Sponsors (1)
- Considine, Venicia Democratic
Co-sponsors (1)
- Kasama, Heidi Republican
Not signed on (65)
65 members have not signed on to this bill.
Show all 65 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors AB 359?
- AB 359 is sponsored by Considine, Venicia (Democratic) and Kasama, Heidi (Republican).
- What is the current status of AB 359?
- This bill has been enacted into law. Introduced March 22, 2021. Enacted.
- Where can I track AB 359?
- Track AB 359 free on One Click Politics — get push/email alerts when it moves.
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