Senate Bill No. 399–Committee on Commerce and Labor

 

(On Behalf of the Attorney General)

 

March 21, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Revises provisions governing trade practices and resident agents. (BDR 52‑429)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to business activities; expanding the definition of “deceptive trade practice” to include the failure to disclose certain information or the making of certain false statements or representations relating to a sale or lease of goods or services; prohibiting certain providers of telecommunications services from billing a customer for a service if the provider is notified or knows or upon reasonable inquiry should know that the customer has not authorized the service; expanding the authority of a district court to grant equitable relief for a deceptive trade practice; providing that certain tangible evidence or answers relating to an unfair trade practice are not public records under certain circumstances; prohibiting the filing of a certificate of change of a resident agent under certain circumstances; 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

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

1-3  Sec. 2.  1.  A person engages in a “deceptive trade practice”

1-4  if, in the course of his business or occupation, he, directly or

2-1  through another person, employee, agent or representative acting

2-2  on his behalf:

2-3  (a) Fails to disclose in a truthful, clear and conspicuous

2-4  manner, before a customer pays for any goods or services offered,

2-5  or misrepresents, directly or by implication at the time of the sale

2-6  or lease of the goods or services, any of the following information:

2-7       (1) The total cost to purchase, receive or use, and the

2-8  quantity of, any goods or services that are the subject of the offer;

2-9       (2) Any material restriction, limitation or condition to

2-10  purchase, receive or use any goods or services that are the subject

2-11  of the offer;

2-12          (3) Any material aspect of the performance, efficacy,

2-13  nature or central characteristics of any goods or services that are

2-14  the subject of the offer;

2-15          (4) Any material aspect of the nature or terms of the seller’s

2-16  refund, cancellation, exchange or repurchase policies;

2-17          (5) Any affiliation of the seller with, or endorsement or

2-18  sponsorship by, any person or governmental entity;

2-19          (6) That any offered goods or services are required by a

2-20  person to provide protections that the person already has pursuant

2-21  to any federal or state law or regulation; or

2-22          (7) Any material aspect of a negative option including, but

2-23  not limited to, the fact that the customer’s account will be charged

2-24  unless the customer acts to avoid the charge, or the date the

2-25  charge will be submitted for payment and the specific actions the

2-26  customer must take to avoid the charge.

2-27      (b) Makes a false statement concerning or fails to disclose the

2-28  date the charge for the goods or services will be submitted for

2-29  payment or the date the customer’s account will be charged.

2-30      (c) Causes billing information to be submitted for payment, or

2-31  collects or attempts to collect payment for goods or services or a

2-32  charitable contribution without obtaining express authorization

2-33  from the customer or donor, as verified in accordance with

2-34  subsection 2.

2-35      (d) Presents for payment or deposits into a financial

2-36  institution’s credit card system or electronic banking system a

2-37  credit card sales draft or an electronic debit drawn on a

2-38  customer’s bank account that is generated by a sales transaction

2-39  for the purchase or lease of goods or services, if the credit card

2-40  sales draft or electronic debit is not the result of a sale or lease

2-41  transaction directly between the cardholder and the seller, as

2-42  verified in accordance with subsection 2, unless the financial

2-43  institution expressly authorizes the payment or deposit.

2-44      (e) Uses a business relationship or an affiliation with a seller

2-45  or lessor of goods or services to obtain access to the credit card

3-1  system of a financial institution or a person’s bank account

3-2  information, if the access is not authorized by an agreement

3-3  between the seller or lessor and the financial institution or bank.

3-4  (f) Sells, loans, gives, transmits, trades or distributes in any

3-5  manner, to another person, a customer’s credit card or banking

3-6  account information or any other information relating to the

3-7  customer that allows the recipient to access the customer’s credit

3-8  card or banking account, without express authorization of the

3-9  customer, for the purpose of enabling the recipient to use the

3-10  information to engage in advertising, telemarketing, direct

3-11  mailing, facsimile advertising, submitting mail electronically or

3-12  any indirect sales activity relating to the sale of goods or services.

3-13      2.  For the purposes of this section, any authorization

3-14  specified in paragraph (c) or (d) of subsection 1 is verifiable upon:

3-15      (a) Presenting the express written authorization of the

3-16  customer or donor for the payment or charitable contribution,

3-17  which must include the signature of the customer or donor;

3-18      (b) Presenting the express oral authorization of the customer

3-19  or donor, if the authorization:

3-20          (1) Is recorded in audible form;

3-21          (2) Is made available to the customer or donor and to the

3-22  bank or other billing entity of the customer or donor upon request;

3-23          (3) Clearly indicates that the customer has authorized

3-24  payment for the goods or services or the donor has authorized the

3-25  charitable contribution; and

3-26          (4) Clearly indicates that the customer or donor has

3-27  received the following information:

3-28              (I) The number of debits, charges or payments required

3-29  to purchase the goods or services or to make the charitable

3-30  contribution;

3-31              (II) The date each debit, charge or payment will be

3-32  submitted for payment;

3-33              (III) The amount of each debit, charge or payment for

3-34  the goods or services or charitable contribution;

3-35              (IV) The name of the customer or donor;

3-36              (V) The billing information of the customer or donor,

3-37  stated with sufficient specificity to ensure that the customer or

3-38  donor understands the account that will be used to collect payment

3-39  for the goods or services or the charitable contribution;

3-40              (VI) A telephone number that is available for use by the

3-41  customer or donor to submit inquiries and that is answered by a

3-42  natural person during normal business hours; and

3-43              (VII) The date the authorization of the customer or

3-44  donor was obtained; or

4-1  (c) Presenting written confirmation of the transaction, set

4-2  forth in a clear and conspicuous manner and sent to the customer

4-3  or donor by first class mail at least 30 days before the submission

4-4  for payment of the customer’s or donor’s billing information,

4-5  which includes:

4-6       (1) The information set forth in subparagraph (4) of

4-7  paragraph (b); and

4-8       (2) A clear and concise statement indicating the manner in

4-9  which the customer or donor may, if the written confirmation is

4-10  inaccurate, cancel the sale or charitable contribution and obtain a

4-11  refund of any money paid for the sale or donated for the

4-12  charitable contribution.

4-13      3.  As used in this section:

4-14      (a) “Credit” means the right granted by a creditor to a debtor

4-15  to defer payment of a debt or to incur a debt and defer its payment.

4-16      (b) “Credit card” means any card, plate, coupon book or other

4-17  credit device existing for the purpose of obtaining money,

4-18  property, labor or services on credit, or any debit card issued by a

4-19  financial institution.

4-20      (c) “Credit card sales draft” means any record or evidence of a

4-21  credit card or debit transaction.

4-22      (d) “Credit card system” means any method or procedure used

4-23  to process a credit card or debit card transaction involving a card

4-24  or other device issued or licensed by any financial institution or

4-25  any operator employed or licensed by a financial institution.

4-26      (e) “Customer” means any person who pays or is or may be

4-27  required to pay for goods or services.

4-28      (f) “Electronic banking system” means any method or

4-29  procedure used by a financial institution or an operator employed

4-30  by a financial institution to carry out an electronic banking

4-31  transaction.

4-32      Sec. 3.  A person engages in a “deceptive trade practice” if, in

4-33  the course of his business or occupation, he, directly or through

4-34  another person, employee, agent or representative acting on his

4-35  behalf:

4-36      1.  Makes a false, misleading or threatening statement to

4-37  induce a person to pay for goods or services that are not ordered,

4-38  delivered or authorized, or to induce the person to make a

4-39  charitable contribution.

4-40      2.  Provides substantial assistance or support to any other

4-41  person, if he knows or consciously avoids knowing that the other

4-42  person is engaged in a deceptive trade practice.

4-43      Sec. 4.  NRS 598.0903 is hereby amended to read as follows:

4-44      598.0903  As used in NRS 598.0903 to 598.0999, inclusive,

4-45  and sections 2 and 3 of this act, unless the context otherwise

5-1  requires, the words and terms defined in NRS 598.0905 to

5-2  598.0947, inclusive, and sections 2 and 3 of this act have the

5-3  meanings ascribed to them in those sections.

5-4  Sec. 5.  NRS 598.0915 is hereby amended to read as follows:

5-5  598.0915  A person engages in a “deceptive trade practice” if,

5-6  in the course of his business or occupation, he[:] , directly or

5-7  through another person, employee, agent or representative acting

5-8  on his behalf:

5-9  1.  Knowingly passes off goods or services for sale or lease as

5-10  those of another person.

5-11      2.  Knowingly makes a false representation as to the source,

5-12  sponsorship, approval or certification of goods or services for sale or

5-13  lease.

5-14      3.  Knowingly makes a false representation as to affiliation,

5-15  connection, association with or certification by another person.

5-16      4.  Refuses to disclose, makes a false or misleading

5-17  representation or uses a mail drop, registered agent, post office

5-18  box, electronic mail address or unlisted telephone number as the

5-19  sole point of contact for the business for the purpose of concealing

5-20  the physical address or geographic location of:

5-21      (a) Each address where the operation of the business is

5-22  located;

5-23      (b) The location of any person who, by telephone, mail,

5-24  facsimile or electronic mail, or in any indirect manner, sells or

5-25  leases or solicits the sale or lease of any goods or services for or on

5-26  behalf of the business;

5-27      (c) The address of each owner, director or officer of the

5-28  business; or

5-29      (d) The geographic location from which any goods or services

5-30  are provided by the business.

5-31      5.  Uses deceptive representations or designations of geographic

5-32  origin in connection with goods or services for sale or lease.

5-33      [5.] 6. Knowingly makes a false representation as to the

5-34  characteristics, ingredients, uses, benefits, alterations or quantities of

5-35  goods or services for sale or lease or a false representation as to the

5-36  sponsorship, approval, status, affiliation or connection of a person

5-37  therewith.

5-38      [6.] 7. Represents that goods for sale or lease are original or

5-39  new if he knows or should know that they are deteriorated, altered,

5-40  reconditioned, reclaimed, used or secondhand.

5-41      [7.] 8. Represents that goods or services for sale or lease are of

5-42  a particular standard, quality or grade, or that such goods are of a

5-43  particular style or model, if he knows or should know that they are

5-44  of another standard, quality, grade, style or model.

6-1  [8.] 9. Disparages the goods, services or business of another

6-2  person by false or misleading representation of fact.

6-3  [9.] 10. Advertises goods or services with intent not to sell or

6-4  lease them as advertised.

6-5  [10.] 11. Advertises goods or services for sale or lease with

6-6  intent not to supply reasonably expectable public demand, unless the

6-7  advertisement discloses a limitation of quantity.

6-8  [11.] 12. Advertises goods or services as being available free of

6-9  charge with intent to require payment of undisclosed costs as a

6-10  condition of receiving the goods or services.

6-11      [12.] 13. Advertises under the guise of obtaining sales

6-12  personnel when the purpose is to first sell or lease goods or services

6-13  to the sales personnel applicant.

6-14      [13.] 14. Makes false or misleading statements of fact

6-15  concerning the price of goods or services for sale or lease, or the

6-16  reasons for, existence of or amounts of price reductions.

6-17      [14.] 15. Fraudulently alters any contract, written estimate of

6-18  repair, written statement of charges or other document in connection

6-19  with the sale or lease of goods or services.

6-20      [15.] 16. Knowingly makes any other false representation in a

6-21  transaction.

6-22      [16.] 17. Knowingly falsifies an application for credit relating

6-23  to a retail installment transaction, as defined in NRS 97.115.

6-24      Sec. 6.  NRS 598.0967 is hereby amended to read as follows:

6-25      598.0967  1.  The Commissioner and the Director, in addition

6-26  to other powers conferred upon them by NRS 598.0903 to

6-27  598.0999, inclusive, and sections 2 and 3 of this act, may issue

6-28  subpoenas to require the attendance of witnesses or the production

6-29  of documents, conduct hearings in aid of any investigation or

6-30  inquiry and prescribe such forms and adopt such regulations as may

6-31  be necessary to administer the provisions of NRS 598.0903 to

6-32  598.0999, inclusive[.] , and sections 2 and 3 of this act. Such

6-33  regulations may include, without limitation, provisions concerning

6-34  the applicability of the provisions of NRS 598.0903 to 598.0999,

6-35  inclusive, and sections 2 and 3 of this act to particular persons or

6-36  circumstances.

6-37      2.  Service of any notice or subpoena must be made as provided

6-38  in N.R.C.P. 45(c).

6-39      Sec. 7.  NRS 598.0971 is hereby amended to read as follows:

6-40      598.0971  1.  If, after an investigation, the Commissioner has

6-41  reasonable cause to believe that any person has been engaged or is

6-42  engaging in any deceptive trade practice in violation of NRS

6-43  598.0903 to 598.0999, inclusive, and sections 2 and 3 of this act,

6-44  the Commissioner may issue an order directed to the person to show

6-45  cause why the Commissioner should not order the person to cease

7-1  and desist from engaging in the practice. The order must contain a

7-2  statement of the charges and a notice of a hearing to be held thereon.

7-3  The order must be served upon the person directly or by certified or

7-4  registered mail, return receipt requested.

7-5  2.  If, after conducting a hearing pursuant to the provisions of

7-6  subsection 1, the Commissioner determines that the person has

7-7  violated any of the provisions of NRS 598.0903 to 598.0999,

7-8  inclusive, and sections 2 and 3 of this act, or if the person fails to

7-9  appear for the hearing after being properly served with the statement

7-10  of charges and notice of hearing, the Commissioner may make a

7-11  written report of his findings of fact concerning the violation and

7-12  cause to be served a copy thereof upon the person and any

7-13  intervener at the hearing. If the Commissioner determines in the

7-14  report that such a violation has occurred, he may order the violator

7-15  to:

7-16      (a) Cease and desist from engaging in the practice or other

7-17  activity constituting the violation;

7-18      (b) Pay the costs of reporting services, fees for experts and other

7-19  witnesses, charges for the rental of a hearing room if such a room is

7-20  not available to the Commissioner free of charge, charges for

7-21  providing an independent hearing officer, if any, and charges

7-22  incurred for any service of process, if the violator is adjudicated to

7-23  have committed a violation of NRS 598.0903 to 598.0999, inclusive

7-24  [;] , and sections 2 and 3 of this act; and

7-25      (c) Provide restitution for any money or property improperly

7-26  received or obtained as a result of the violation.

7-27  The order must be served upon the person directly or by certified or

7-28  registered mail, return receipt requested. The order becomes

7-29  effective upon service in the manner provided in this subsection.

7-30      3.  Any person whose pecuniary interests are directly and

7-31  immediately affected by an order issued pursuant to subsection 2 or

7-32  who is aggrieved by the order may petition for judicial review in the

7-33  manner provided in chapter 233B of NRS. Such a petition must be

7-34  filed within 30 days after the service of the order. The order

7-35  becomes final upon the filing of the petition.

7-36      4.  If a person fails to comply with any provision of an order

7-37  issued pursuant to subsection 2, the Commissioner may, through the

7-38  Attorney General, at any time after 30 days after the service of

7-39  the order, cause an action to be instituted in the district court of the

7-40  county wherein the person resides or has his principal place of

7-41  business requesting the court to enforce the provisions of the order

7-42  or to provide any other appropriate injunctive relief.

7-43      5.  If the court finds that:

7-44      (a) The violation complained of is a deceptive trade practice;

8-1  (b) The proceedings by the Commissioner concerning the

8-2  written report and any order issued pursuant to subsection 3 are in

8-3  the interest of the public; and

8-4  (c) The findings of the Commissioner are supported by the

8-5  weight of the evidence,

8-6  the court shall issue an order enforcing the provisions of the order of

8-7  the Commissioner.

8-8  6.  An order issued pursuant to subsection 5 may include:

8-9  (a) A provision requiring the payment to the Commissioner of a

8-10  penalty of not more than $5,000 for each act amounting to a failure

8-11  to comply with the Commissioner’s order; or

8-12      (b) Such injunctive or other equitable or extraordinary relief as

8-13  is determined appropriate by the court.

8-14      7.  Any aggrieved party may appeal from the final judgment,

8-15  order or decree of the court in a like manner as provided for appeals

8-16  in civil cases.

8-17      8.  Upon the violation of any judgment, order or decree issued

8-18  pursuant to subsection 5 or 6, the Commissioner, after a hearing

8-19  thereon, may proceed in accordance with the provisions of

8-20  NRS 598.0999.

8-21      Sec. 8.  NRS 598.0973 is hereby amended to read as follows:

8-22      598.0973  1.  In any action brought pursuant to NRS 598.0979

8-23  to 598.099, inclusive, and sections 2 and 3 of this act, if the court

8-24  finds that a person has engaged in a deceptive trade practice directed

8-25  toward an elderly or disabled person, the court may, in addition to

8-26  any other civil or criminal penalty, impose a civil penalty of not

8-27  more than $10,000 for each violation.

8-28      2.  In determining whether to impose a civil penalty pursuant to

8-29  subsection 1, the court shall consider whether:

8-30      (a) The conduct of the person was in disregard of the rights of

8-31  the elderly or disabled person;

8-32      (b) The person knew or should have known that his conduct was

8-33  directed toward an elderly or disabled person;

8-34      (c) The elderly or disabled person was more vulnerable to the

8-35  conduct of the person because of the age, health, infirmity, impaired

8-36  understanding, restricted mobility or disability of the elderly or

8-37  disabled person;

8-38      (d) The conduct of the person caused the elderly or disabled

8-39  person to suffer actual and substantial physical, emotional or

8-40  economic damage;

8-41      (e) The conduct of the person caused the elderly or disabled

8-42  person to suffer:

8-43          (1) Mental or emotional anguish;

8-44          (2) The loss of the primary residence of the elderly or

8-45  disabled person;

9-1       (3) The loss of the principal employment or source of income

9-2  of the elderly or disabled person;

9-3       (4) The loss of money received from a pension, retirement

9-4  plan or governmental program;

9-5       (5) The loss of property that had been set aside for retirement

9-6  or for personal or family care and maintenance;

9-7       (6) The loss of assets which are essential to the health and

9-8  welfare of the elderly or disabled person; or

9-9       (7) Any other interference with the economic well-being of

9-10  the elderly or disabled person, including the encumbrance of his

9-11  primary residence or principal source of income; or

9-12      (f) Any other factors that the court deems to be appropriate.

9-13      Sec. 9.  NRS 598.0975 is hereby amended to read as follows:

9-14      598.0975  1.  Except as otherwise provided in subsection 1 of

9-15  NRS 598.0999 and subsection 3, all fees, civil penalties and any

9-16  other money collected pursuant to the provisions of NRS 598.0903

9-17  to 598.0999, inclusive[:] , and sections 2 and 3 of this act:

9-18      (a) In an action brought by the Attorney General, Commissioner

9-19  or Director, must be deposited in the State General Fund and may

9-20  only be used to offset the costs of administering and enforcing the

9-21  provisions of NRS 598.0903 to 598.0999, inclusive[.] , and

9-22  sections 2 and 3 of this act.

9-23      (b) In an action brought by the district attorney of a county,

9-24  must be deposited with the county treasurer of that county and

9-25  accounted for separately in the county general fund.

9-26      2.  Money in the account created pursuant to paragraph (b) of

9-27  subsection 1 must be used by the district attorney of the county for:

9-28      (a) The investigation and prosecution of deceptive trade

9-29  practices against elderly or disabled persons; and

9-30      (b) Programs for the education of consumers which are directed

9-31  toward elderly or disabled persons, law enforcement officers,

9-32  members of the judicial system, persons who provide social services

9-33  and the general public.

9-34      3.  The provisions of this section do not apply to:

9-35      (a) Criminal fines imposed pursuant to NRS 598.0903 to

9-36  598.0999, inclusive[;] , and sections 2 and 3 of this act; or

9-37      (b) Restitution ordered pursuant to NRS 598.0903 to 598.0999,

9-38  inclusive, and sections 2 and 3 of this act, in an action brought by

9-39  the Attorney General. Money collected for restitution ordered in

9-40  such an action must be deposited by the Attorney General and

9-41  credited to the appropriate account of the Consumer Affairs

9-42  Division of the Department of Business and Industry or the Attorney

9-43  General for distribution to the person for whom the restitution was

9-44  ordered.

 

10-1      Sec. 10.  NRS 598.098 is hereby amended to read as follows:

10-2      598.098  1.  NRS 598.0903 to 598.0999, inclusive, and

10-3  sections 2 and 3 of this act do not prohibit the Commissioner or

10-4  Director from disclosing to the Attorney General, any district

10-5  attorney or any law enforcement officer the fact that a crime has

10-6  been committed by any person, if this fact has become known as a

10-7  result of any investigation conducted pursuant to the provisions of

10-8  NRS 598.0903 to 598.0999, inclusive[.] , and sections 2 and 3 of

10-9  this act.

10-10     2.  Subject to the provisions of subsection 2 of NRS 598.0979

10-11  and except as otherwise provided in this section, the Commissioner

10-12  or Director may not make public the name of any person alleged to

10-13  have committed a deceptive trade practice. This subsection does not:

10-14     (a) Prevent the Commissioner or Director from issuing public

10-15  statements describing or warning of any course of conduct which

10-16  constitutes a deceptive trade practice.

10-17     (b) Apply to a person who is subject to an order issued pursuant

10-18  to subsection 5 of NRS 598.0971.

10-19     3.  Upon request, the Commissioner may:

10-20     (a) Disclose the number of written complaints received by the

10-21  Commissioner during the current or immediately preceding fiscal

10-22  year. A disclosure made pursuant to this paragraph must include the

10-23  disposition of the complaint disclosed.

10-24     (b) Make public any order to cease and desist issued pursuant to

10-25  subsection 5 of NRS 598.0971.

10-26  This subsection does not authorize the Commissioner to disclose or

10-27  make public the contents of any complaint described in paragraph

10-28  (a) or the record of or any other information concerning a hearing

10-29  conducted in relation to the issuance of an order to cease and desist

10-30  described in paragraph (b).

10-31     4.  The Commissioner may adopt regulations authorizing the

10-32  disclosure of information concerning any complaint or number of

10-33  complaints received by the Commissioner or Director relating to a

10-34  person who has been convicted of violating a provision of NRS

10-35  598.0903 to 598.0999, inclusive[.] , and sections 2 and 3 of this

10-36  act.

10-37     Sec. 11.  NRS 598.0999 is hereby amended to read as follows:

10-38     598.0999  1.  A person who violates a court order or

10-39  injunction issued pursuant to the provisions of NRS 598.0903 to

10-40  598.0999, inclusive, and sections 2 and 3 of this act, upon a

10-41  complaint brought by the Commissioner, the Director, the district

10-42  attorney of any county of this state or the Attorney General shall

10-43  forfeit and pay to the State General Fund a civil penalty of not more

10-44  than $10,000 for each violation. For the purpose of this section, the

10-45  court issuing the order or injunction retains jurisdiction over the

11-1  action or proceeding. Such civil penalties are in addition to any

11-2  other penalty or remedy available for the enforcement of the

11-3  provisions of NRS 598.0903 to 598.0999, inclusive[.] , and

11-4  sections 2 and 3 of this act.

11-5      2.  In any action brought pursuant to the provisions of NRS

11-6  598.0903 to 598.0999, inclusive, and sections 2 and 3 of this act, if

11-7  the court finds that a person has willfully engaged in a deceptive

11-8  trade practice, the Commissioner, the Director, the district attorney

11-9  of any county in this state or the Attorney General bringing the

11-10  action may recover a civil penalty not to exceed $2,500 for each

11-11  violation. The court in any such action may, in addition to any other

11-12  relief or reimbursement, award reasonable attorney’s fees and costs.

11-13     3.  A natural person, firm, or any officer or managing agent of

11-14  any corporation or association who knowingly and willfully engages

11-15  in a deceptive trade practice:

11-16     (a) For the first offense, is guilty of a misdemeanor.

11-17     (b) For the second offense, is guilty of a gross misdemeanor.

11-18     (c) For the third and all subsequent offenses, is guilty of a

11-19  category D felony and shall be punished as provided in

11-20  NRS 193.130.

11-21     4.  Any offense which occurred within 10 years immediately

11-22  preceding the date of the principal offense or after the principal

11-23  offense constitutes a prior offense for the purposes of subsection 3

11-24  when evidenced by a conviction, without regard to the sequence of

11-25  the offenses and convictions.

11-26     5.  If a person violates any provision of NRS 598.0903 to

11-27  598.0999, inclusive, and sections 2 and 3 of this act, 598.100

11-28  to 598.2801, inclusive, 598.305 to 598.395, inclusive, 598.405 to

11-29  598.525, inclusive, 598.741 to 598.787, inclusive, or 598.840 to

11-30  598.966, inclusive, fails to comply with a judgment or order of any

11-31  court in this state concerning a violation of such a provision, or fails

11-32  to comply with an assurance of discontinuance or other agreement

11-33  concerning an alleged violation of such a provision, the

11-34  Commissioner , [or] the district attorney of any county or the

11-35  Attorney General may bring an action in the name of the State of

11-36  Nevada seeking:

11-37     (a) The suspension of the person’s privilege to conduct business

11-38  within this state; or

11-39     (b) If the defendant is a corporation, dissolution of the

11-40  corporation.

11-41  The court may grant or deny the relief sought or may order other

11-42  appropriate relief.

11-43     6.  In any action brought by a district attorney or the Attorney

11-44  General for injunctive or other equitable relief to restrain or

11-45  prevent a violation of any provision of NRS 598.0903 to 598.0999,

12-1  inclusive, and sections 2 and 3 of this act, if appropriate notice is

12-2  given in accordance with NRS 598.0997, the court in which the

12-3  action is brought:

12-4      (a) Shall grant or deny the requested relief based solely upon:

12-5          (1) Whether or not the existence of the deceptive trade

12-6  practice is shown;

12-7          (2) The extent of participation in the deceptive trade

12-8  practice by each person against whom the injunctive or other

12-9  equitable relief is sought; and

12-10         (3) The propriety of the relief requested;

12-11     (b) Shall not rely upon any principle or rule of common law

12-12  for granting or denying equitable relief or any requirement for

12-13  granting or denying equitable or injunctive relief set forth in the

12-14  Nevada Rules of Civil Procedure; and

12-15     (c) Shall not require a bond for any injunction issued by the

12-16  court in the action.

12-17     Sec. 12.  NRS 598.969 is hereby amended to read as follows:

12-18     598.969  A provider shall not:

12-19     1.  Make a statement or representation regarding the provision

12-20  of a telecommunications service, including, without limitation, a

12-21  statement regarding the rates, terms or conditions of a

12-22  telecommunications service, that:

12-23     (a) Is false, misleading or deceptive; or

12-24     (b) Fails to include material information which makes the

12-25  statement or representation false, misleading or deceptive.

12-26     2.  Misrepresent his identity.

12-27     3.  Falsely state to a person that the person has subscribed or

12-28  authorized a subscription to or has received a telecommunications

12-29  service.

12-30     4.  Omit, when explaining the terms and conditions of a

12-31  subscription to a telecommunications service, a material fact

12-32  concerning the subscription.

12-33     5.  Fail to provide a customer with timely written notice

12-34  containing:

12-35     (a) A clear and detailed description relating directly to the

12-36  services for which the customer is being billed and the amount the

12-37  customer is being charged for each service;

12-38     (b) All terms and conditions relating directly to the services

12-39  provided; [and

12-40     (c) The]

12-41     (c) For each charge for any telecommunications service, the

12-42  name, address and telephone number of [the provider.] :

12-43         (1) The provider who originates the charge; and

12-44         (2) The billing agent for the provider who originates the

12-45  charge, if the name, address and telephone number of the billing

13-1  agent differ from the name, address and telephone number of the

13-2  provider who originates the charge; and

13-3      (d) The duration of each call that is billed to the customer

13-4  reported in minutes, seconds or any fraction thereof, if the charges

13-5  for the telecommunications service are calculated, in whole or in

13-6  part, based upon the duration of the call.

13-7      6.  Fail to honor, within a reasonable period, a request of a

13-8  customer to cancel a telecommunications service pursuant to the

13-9  terms and conditions for the service.

13-10     7.  Bill a customer for a telecommunications service after the

13-11  customer has cancelled the telecommunications service pursuant to

13-12  the terms and conditions of the service.

13-13     8.  Bill a customer for [services that] a service if the provider is

13-14  notified or knows or upon reasonable inquiry should know that the

13-15  customer has not authorized[,] the service, unless the service is

13-16  required to be provided by law. The failure of a customer to refuse a

13-17  proposal from a provider does not constitute specific authorization.

13-18     9.  Change a customer’s subscription to a local exchange carrier

13-19  or an interexchange carrier unless:

13-20     (a) The customer has authorized the change within the 30 days

13-21  immediately preceding the date of the change; and

13-22     (b) The provider complies with the provisions of 47 U.S.C. §

13-23  258, as amended, and the verification procedures set forth in 47

13-24  C.F.R. Part 64, Subpart K, as amended.

13-25     10.  Fail to provide to a customer who has authorized the

13-26  provider to change his subscription to a local exchange carrier or an

13-27  interexchange carrier a written confirmation of the change within 30

13-28  days after the date of the change.

13-29     11.  Propose or enter into a contract with a person that purports

13-30  to:

13-31     (a) Waive the protection afforded to the person by any provision

13-32  of this section; or

13-33     (b) Authorize the provider or an agent, employee, independent

13-34  contractor or representative of the provider to violate any provision

13-35  of this section.

13-36     Sec. 13.  NRS 598A.060 is hereby amended to read as follows:

13-37     598A.060  1.  Every activity enumerated in this subsection

13-38  constitutes a contract, combination or conspiracy in restraint of

13-39  trade, and it is unlawful to conduct any part of any such activity in

13-40  this state:

13-41     (a) Price fixing, which consists of raising, depressing, fixing,

13-42  pegging or stabilizing the price of any commodity or service[,] and

13-43  which includes, but is not limited to:

13-44         (1) Agreements among competitors to depress prices at

13-45  which they will buy essential raw material for the end product.

14-1          (2) Agreements to establish prices for commodities or

14-2  services.

14-3          (3) Agreements to establish uniform discounts, or to

14-4  eliminate discounts.

14-5          (4) Agreements between manufacturers to price a premium

14-6  commodity at a specified amount above inferior commodities.

14-7          (5) Agreements not to sell below cost.

14-8          (6) Agreements to establish uniform trade-in allowances.

14-9          (7) Establishment of uniform cost surveys.

14-10         (8) Establishment of minimum markup percentages.

14-11         (9) Establishment of single or multiple basing point systems

14-12  for determining the delivered price of commodities.

14-13         (10) Agreements not to advertise prices.

14-14         (11) Agreements among competitors to fix uniform list

14-15  prices as a place to start bargaining.

14-16         (12) Bid rigging, including the misuse of bid depositories,

14-17  foreclosures of competitive activity for a period of time, rotation of

14-18  jobs among competitors, submission of identical bids[,] and

14-19  submission of complementary bids not intended to secure

14-20  acceptance by the customer.

14-21         (13) Agreements to discontinue a product, or agreements

14-22  with anyone engaged in the manufacture of competitive lines to

14-23  limit size, styles or quantities of items comprising the lines.

14-24         (14) Agreements to restrict volume of production.

14-25     (b) Division of markets, consisting of agreements between

14-26  competitors to divide territories and to refrain from soliciting or

14-27  selling in certain areas.

14-28     (c) Allocation of customers, consisting of agreements not to sell

14-29  to specified customers of a competitor.

14-30     (d) Tying arrangements, consisting of contracts in which the

14-31  seller or lessor conditions the sale or lease of commodities or

14-32  services on the purchase or leasing of another commodity or service.

14-33     (e) [Monopolization of trade or commerce in this state,

14-34  including, without limitation, attempting to monopolize or otherwise

14-35  combining or conspiring to monopolize trade or commerce in this

14-36  state.

14-37     (f)] Except as otherwise provided in subsection 2, consolidation,

14-38  conversion, merger, acquisition of shares of stock or other equity

14-39  interest, directly or indirectly, of another person engaged in

14-40  commerce in this state or the acquisition of any assets of another

14-41  person engaged in commerce in this state that may:

14-42         (1) Result in the monopolization of trade or commerce in this

14-43  state or would further any attempt to monopolize trade or commerce

14-44  in this state; or

15-1          (2) Substantially lessen competition or be in restraint of

15-2  trade.

15-3      2.  The provisions of paragraph [(f)] (e) of subsection 1 do not:

15-4      (a) Apply to a person who, solely for an investment purpose,

15-5  purchases stock or other equity interest or assets of another person if

15-6  the purchaser does not use his acquisition to bring about or attempt

15-7  to bring about the substantial lessening of competition in this state.

15-8      (b) Prevent a person who is engaged in commerce in this state

15-9  from forming a subsidiary corporation or other business

15-10  organization and owning and holding all or part of the stock or

15-11  equity interest of that corporation or organization.

15-12     3.  It is unlawful to engage in any monopolization of trade or

15-13  commerce in this state, including, without limitation, attempting to

15-14  monopolize or combining or conspiring to monopolize trade or

15-15  commerce in this state.

15-16     Sec. 14.  NRS 598A.070 is hereby amended to read as follows:

15-17     598A.070  1.  The Attorney General shall:

15-18     (a) Enforce the provisions of this chapter.

15-19     (b) Investigate suspected violations of the provisions of this

15-20  chapter.

15-21     (c) Institute proceedings on behalf of the State, its agencies,

15-22  political subdivisions, districts or municipal corporations, or as

15-23  parens patriae of the persons residing in the State for:

15-24         (1) Injunctive or other equitable relief to [prevent] :

15-25             (I) Prevent and restrain a violation of any provision of

15-26  this chapter[.] ; or

15-27             (II) Recover or otherwise address gains obtained in

15-28  violation of any provision of this chapter, including, without

15-29  limitation, restitution and disgorgement of any such gains.

15-30         (2) Civil penalties for violations of the provisions of this

15-31  chapter.

15-32         (3) Criminal penalties for violations of the provisions of this

15-33  chapter.

15-34     2.  Any district attorney in this state, with the permission or at

15-35  the direction of the Attorney General, shall institute proceedings in

15-36  the name of the State of Nevada for any violation of the provisions

15-37  of this chapter.

15-38     Sec. 15.  NRS 598A.090 is hereby amended to read as follows:

15-39     598A.090  The district courts have jurisdiction over actions and

15-40  proceedings for violations of the provisions of this chapter and may:

15-41     1.  Issue temporary restraining orders and injunctions to prevent

15-42  and restrain violations of the provisions of this chapter.

15-43     2.  Impose civil and criminal penalties and award damages as

15-44  provided in this chapter.

16-1      3.  Grant mandatory injunctions or any other equitable relief

16-2  reasonably necessary to [eliminate] :

16-3      (a) Eliminate practices which are unlawful under the provisions

16-4  of this chapter[.] ; or

16-5      (b) Recover or otherwise address gains obtained in violation of

16-6  any provision of this chapter, including, without limitation,

16-7  restitution and disgorgement of any such gains.

16-8      Sec. 16.  NRS 598A.110 is hereby amended to read as follows:

16-9      598A.110  Any procedure, testimony taken, document or other

16-10  tangible evidence produced, or answer made under NRS 598A.100

16-11  [shall] is not a public record and must be kept confidential by the

16-12  Attorney General [prior to the institution of an action brought under

16-13  this chapter for the alleged violation of the provisions of this chapter

16-14  under investigation,] unless:

16-15     1.  Confidentiality is waived by the person upon whom the

16-16  written investigative demand is made;

16-17     2.  Disclosure is authorized by the district court; or

16-18     3.  Disclosure is made pursuant to NRS 598A.080.

16-19     Sec. 17.  NRS 78.110 is hereby amended to read as follows:

16-20     78.110  1.  [If] Except as otherwise provided in subsection 3,

16-21  if a corporation created pursuant to this chapter desires to change its

16-22  resident agent, the change may be effected by filing with the

16-23  Secretary of State a certificate of change signed by an officer of the

16-24  corporation which sets forth:

16-25     (a) The name of the corporation;

16-26     (b) The name and street address of its present resident agent; and

16-27     (c) The name and street address of the new resident agent.

16-28     2.  The new resident agent’s certificate of acceptance must be a

16-29  part of or attached to the certificate of change.

16-30     3.  A person who, by mail or electronic means, solicits a

16-31  corporation to change its present resident agent shall not file a

16-32  certificate of change for the corporation pursuant to subsection 1

16-33  unless:

16-34     (a) At least 30 days before the date the person files the

16-35  certificate of change, he provides a written notice of the proposed

16-36  change to the corporation and the present resident agent of the

16-37  corporation;

16-38     (b) The corporation has not rescinded its authorization to

16-39  change its present resident agent; and

16-40     (c) The person attests under oath that:

16-41         (1) He has provided the written notices required by

16-42  paragraph (a); and

16-43         (2) The corporation has not rescinded its authorization to

16-44  change its present resident agent.

17-1      4.  A written notice provided to a corporation pursuant to

17-2  paragraph (a) of subsection 3 must include a statement indicating

17-3  that the corporation may rescind the authorization given by the

17-4  corporation to change its present resident agent.

17-5      5.  A change authorized by this section becomes effective upon

17-6  the filing of the certificate of change.

17-7      6.  A violation of a provision of subsection 3 or 4 or any false

17-8  statement made in connection with providing a written notice

17-9  pursuant to those subsections constitutes a deceptive trade practice

17-10  for the purposes of NRS 598.0903 to 598.0999, inclusive, and

17-11  sections 2 and 3 of this act.

17-12     Sec. 18.  Chapter 80 of NRS is hereby amended by adding

17-13  thereto a new section to read as follows:

17-14     1.  A person who, by mail or electronic means, solicits a

17-15  foreign corporation to change its present resident agent shall not

17-16  file a certificate of change for the foreign corporation pursuant to

17-17  NRS 80.070 unless:

17-18     (a) At least 30 days before the date the person files the

17-19  certificate of change, he provides a written notice of the proposed

17-20  change to the foreign corporation and the present resident agent

17-21  of the foreign corporation;

17-22     (b) The foreign corporation has not rescinded its authorization

17-23  to change its present resident agent; and

17-24     (c) The person attests under oath that:

17-25         (1) He has provided the written notices required by

17-26  paragraph (a); and

17-27         (2) The foreign corporation has not rescinded its

17-28  authorization to change its present resident agent.

17-29     2.  A written notice provided to a foreign corporation pursuant

17-30  to paragraph (a) of subsection 1 must include a statement

17-31  indicating that the foreign corporation may rescind the

17-32  authorization given by the foreign corporation to change its

17-33  present resident agent.

17-34     3.  A violation of a provision of this section or any false

17-35  statement made in connection with providing a written notice

17-36  pursuant to this section constitutes a deceptive trade practice for

17-37  the purposes of NRS 598.0903 to 598.0999, inclusive, and sections

17-38  2 and 3 of this act.

17-39     Sec. 19.  NRS 80.070 is hereby amended to read as follows:

17-40     80.070  1.  [A] Except as otherwise provided in section 18 of

17-41  this act, a foreign corporation may change its resident agent by

17-42  filing with the Secretary of State:

17-43     (a) A certificate of change, signed by an officer of the

17-44  corporation, setting forth:

17-45         (1) The name of the corporation;

18-1          (2) The name and street address of the present resident agent;

18-2  and

18-3          (3) The name and street address of the new resident agent;

18-4  and

18-5      (b) A certificate of acceptance executed by the new resident

18-6  agent, which must be a part of or attached to the certificate of

18-7  change.

18-8  The change authorized by this subsection becomes effective upon

18-9  the filing of the certificate of change.

18-10     2.  A person who has been designated by a foreign corporation

18-11  as resident agent may file with the Secretary of State a signed

18-12  statement that he is unwilling to continue to act as the agent of the

18-13  corporation for the service of process.

18-14     3.  Upon the filing of the statement of resignation with the

18-15  Secretary of State, the capacity of the resigning person as resident

18-16  agent terminates. If the statement of resignation is not accompanied

18-17  by a statement of the corporation appointing a successor resident

18-18  agent, the resigning resident agent shall give written notice, by mail,

18-19  to the corporation, of the filing of the statement and its effect. The

18-20  notice must be addressed to any officer of the corporation other than

18-21  the resident agent.

18-22     4.  If a resident agent dies, resigns or moves from the State, the

18-23  corporation, within 30 days thereafter, shall file with the Secretary

18-24  of State a certificate of acceptance executed by the new resident

18-25  agent. The certificate must set forth the name of the new resident

18-26  agent, his street address for the service of process[,] and his mailing

18-27  address if different from his street address.

18-28     5.  A corporation that fails to file a certificate of acceptance

18-29  executed by a new resident agent within 30 days after the death,

18-30  resignation or removal of its resident agent shall be deemed in

18-31  default and is subject to the provisions of NRS 80.150 and 80.160.

18-32     Sec. 20.  NRS 86.235 is hereby amended to read as follows:

18-33     86.235  1.  [If] Except as otherwise provided in subsection 3,

18-34  if a limited-liability company formed pursuant to this chapter desires

18-35  to change its resident agent, the change may be effected by filing

18-36  with the Secretary of State a certificate of change , signed by a

18-37  manager of the company or, if management is not vested in a

18-38  manager, by a member, that sets forth:

18-39     (a) The name of the limited-liability company;

18-40     (b) The name and street address of its present resident agent; and

18-41     (c) The name and street address of the new resident agent.

18-42     2.  The new resident agent’s certificate of acceptance must be a

18-43  part of or attached to the certificate of change.

18-44     3.  [The] A person who, by mail or electronic means, solicits a

18-45  limited-liability company to change its present resident agent shall

19-1  not file a certificate of change for the limited-liability company

19-2  pursuant to subsection 1 unless:

19-3      (a) At least 30 days before the date the person files the

19-4  certificate of change, he provides a written notice of the proposed

19-5  change to the limited-liability company and the present resident

19-6  agent of the limited-liability company;

19-7      (b) The limited-liability company has not rescinded its

19-8  authorization to change its present resident agent; and

19-9      (c) The person attests under oath that:

19-10         (1) He has provided the written notices required by

19-11  paragraph (a); and

19-12         (2) The limited-liability company has not rescinded its

19-13  authorization to change its present resident agent.

19-14     4.  A written notice provided to a limited-liability company

19-15  pursuant to paragraph (a) of subsection 3 must include a

19-16  statement indicating that the limited-liability company may rescind

19-17  the authorization given by the limited-liability company to change

19-18  its present resident agent.

19-19     5.  A change authorized by this section becomes effective upon

19-20  the filing of the certificate of change.

19-21     6.  A violation of a provision of subsection 3 or 4 or any false

19-22  statement made in connection with providing a written notice

19-23  pursuant to those subsections constitutes a deceptive trade practice

19-24  for the purposes of NRS 598.0903 to 598.0999, inclusive, and

19-25  sections 2 and 3 of this act.

19-26     Sec. 21.  NRS 87.490 is hereby amended to read as follows:

19-27     87.490  1.  [If] Except as otherwise provided in subsection 2,

19-28  if a registered limited-liability partnership wishes to change the

19-29  location of its principal office in this state or its resident agent, it

19-30  shall first file with the Secretary of State a certificate of change that

19-31  sets forth:

19-32     (a) The name of the registered limited-liability partnership;

19-33     (b) The street address of its principal office;

19-34     (c) If the location of its principal office will be changed, the

19-35  street address of its new principal office;

19-36     (d) The name of its resident agent; and

19-37     (e) If its resident agent will be changed, the name of its new

19-38  resident agent.

19-39  The certificate of acceptance of its new resident agent must

19-40  accompany the certificate of change.

19-41     2.  A person who, by mail or electronic means, solicits a

19-42  registered limited-liability partnership to change its present

19-43  resident agent shall not file a certificate of change for the

19-44  registered limited-liability partnership pursuant to subsection 1

19-45  unless:

20-1      (a) At least 30 days before the date the person files the

20-2  certificate of change, he provides a written notice of the proposed

20-3  change to the registered limited-liability partnership and the

20-4  present resident agent of the registered limited-liability

20-5  partnership;

20-6      (b) The registered limited-liability partnership has not

20-7  rescinded its authorization to change its present resident agent;

20-8  and

20-9      (c) The person attests under oath that:

20-10         (1) He has provided the written notices required by

20-11  paragraph (a); and

20-12         (2) The registered limited-liability partnership has not

20-13  rescinded its authorization to change its present resident agent.

20-14     3.  A written notice provided to a registered limited-liability

20-15  partnership pursuant to paragraph (a) of subsection 2 must

20-16  include a statement indicating that the registered limited-liability

20-17  partnership may rescind the authorization given by the registered

20-18  limited-liability partnership to change its present resident agent.

20-19     4.  A certificate of change filed pursuant to this section must be:

20-20     (a) Signed by a managing partner of the registered limited-

20-21  liability partnership; and

20-22     (b) Accompanied by a fee of $30.

20-23     5.  A violation of a provision of subsection 2 or 3 or any false

20-24  statement made in connection with providing a written notice

20-25  pursuant to those subsections constitutes a deceptive trade practice

20-26  for the purposes of NRS 598.0903 to 598.0999, inclusive, and

20-27  sections 2 and 3 of this act.

20-28     Sec. 22.  NRS 88.331 is hereby amended to read as follows:

20-29     88.331  1.  [If] Except as otherwise provided in subsection 3,

20-30  if a limited partnership created pursuant to this chapter desires to

20-31  change its resident agent, the change may be effected by filing with

20-32  the Secretary of State a certificate of change, signed by a general

20-33  partner, which sets forth:

20-34     (a) The name of the limited partnership;

20-35     (b) The name and street address of its present resident agent; and

20-36     (c) The name and street address of the new resident agent.

20-37     2.  The new resident agent’s certificate of acceptance must be a

20-38  part of or attached to the certificate of change.

20-39     3.  [The] A person who, by mail or electronic means, solicits a

20-40  limited partnership to change its present resident agent shall not

20-41  file a certificate of change for the limited partnership pursuant to

20-42  subsection 1 unless:

20-43     (a) At least 30 days before the date the person files the

20-44  certificate of change, he provides a written notice of the proposed

21-1  change to the limited partnership and the present resident agent of

21-2  the limited partnership;

21-3      (b) The limited partnership has not rescinded its authorization

21-4  to change its present resident agent; and

21-5      (c) The person attests under oath that:

21-6          (1) He has provided the written notices required by

21-7  paragraph (a); and

21-8          (2) The limited partnership has not rescinded its

21-9  authorization to change its present resident agent.

21-10     4.  A written notice provided to a limited partnership pursuant

21-11  to paragraph (a) of subsection 3 must include a statement

21-12  indicating that the limited partnership may rescind the

21-13  authorization given by the limited partnership to change its

21-14  present resident agent.

21-15     5.  A change authorized by this section becomes effective upon

21-16  the filing of the certificate of change.

21-17     6.  A violation of a provision of subsection 3 or 4 or any false

21-18  statement made in connection with providing a written notice

21-19  pursuant to those subsections constitutes a deceptive trade practice

21-20  for the purposes of NRS 598.0903 to 598.0999, inclusive, and

21-21  sections 2 and 3 of this act.

21-22     Sec. 23.  NRS 88A.540 is hereby amended to read as follows:

21-23     88A.540  1.  [If] Except as otherwise provided in subsection

21-24  3, if a business trust formed pursuant to this chapter desires to

21-25  change its resident agent, the change may be effected by filing with

21-26  the Secretary of State a certificate of change, signed by at least one

21-27  trustee of the business trust, setting forth:

21-28     (a) The name of the business trust;

21-29     (b) The name and street address of the present resident agent;

21-30  and

21-31     (c) The name and street address of the new resident agent.

21-32     2.  A certificate of acceptance executed by the new resident

21-33  agent must be a part of or attached to the certificate of change.

21-34     3.  [The] A person who, by mail or electronic means, solicits a

21-35  business trust to change its present resident agent shall not file a

21-36  certificate of change for the business trust pursuant to subsection

21-37  1 unless:

21-38     (a) At least 30 days before the date the person files the

21-39  certificate of change, he provides a written notice of the proposed

21-40  change to the business trust and the present resident agent of the

21-41  business trust;

21-42     (b) The business trust has not rescinded its authorization to

21-43  change its present resident agent; and

21-44     (c) The person attests under oath that:

22-1          (1) He has provided the written notices required by

22-2  paragraph (a); and

22-3          (2) The business trust has not rescinded its authorization to

22-4  change its present resident agent.

22-5      4.  A written notice provided to a business trust pursuant to

22-6  paragraph (a) of subsection 3 must include a statement indicating

22-7  that the business trust may rescind the authorization given by the

22-8  business trust to change its present resident agent.

22-9      5.  A change authorized by this section becomes effective upon

22-10  the filing of the certificate of change.

22-11     6.  A violation of a provision of subsection 3 or 4 or any false

22-12  statement made in connection with providing a written notice

22-13  pursuant to those subsections constitutes a deceptive trade practice

22-14  for the purposes of NRS 598.0903 to 598.0999, inclusive, and

22-15  sections 2 and 3 of this act.

22-16     Sec. 24.  This act becomes effective upon passage and

22-17  approval.

 

22-18  H