Assembly Bill No. 279–Assemblymen Evans, de Braga, Perkins, Dini, Leslie, Claborn, Mortenson, Chowning, Hettrick, Cegavske, Giunchigliani, Segerblom, Carpenter, Gibbons, Freeman, Arberry, Williams, Lee, Neighbors, Buckley, Bache and Parks
February 18, 1999
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Joint Sponsors: Senators Carlton, McGinness,
Neal, Titus and Wiener
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Referred to Committee on Commerce and Labor
SUMMARY—Establishes certain rights of lessee of safe-deposit box that is improperly opened. (BDR 55-5)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. Chapter 663 of NRS is hereby amended by adding thereto1-2
a new section to read as follows:1-3
1. Except as otherwise provided in subsection 3, if a lessor opens a1-4
safe-deposit box without complying with subsection 1 of NRS 663.085 or1-5
opens it for any other reason without giving the lessee an opportunity to1-6
consent to the opening or to remove the contents, the lessee may demand1-7
the following relief in addition to any other relief appropriate under the1-8
circumstances, and require the lessor to submit the claim to arbitration,1-9
mediation or factfinding:1-10
(a) A complete explanation of the circumstances of the opening of the1-11
box by the lessor and of an examination of the contents;2-1
(b) An adjudication of whether any items have been found to be2-2
missing and a determination of the value of any missing items;2-3
(c) A determination of the compensation owed to the lessee if the2-4
factfinder determines that an unjustified invasion of his privacy has2-5
occurred; and2-6
(d) An allocation of the costs of arbitration, mediation or factfinding.2-7
2. The commissioner:2-8
(a) Shall provide a form for the submission of a claim to arbitration,2-9
mediation or factfinding pursuant to subsection 1;2-10
(b) Shall adopt regulations that establish appropriate procedures for2-11
conducting the arbitration, mediation or factfinding required by2-12
subsection 1; and2-13
(c) May maintain a list of persons in this state who are qualified to2-14
conduct such a proceeding.2-15
3. A lessor may refuse to submit a claim to arbitration, mediation or2-16
factfinding pursuant to subsection 1 if the lessor gives notice to the lessee2-17
in its written procedures for the rental of a safe-deposit box which clearly2-18
states that it does not intend to comply with the provisions of subsection 12-19
and contains a copy of the provisions of this section and a description of2-20
the procedures that it will follow in such a case.2-21
Sec. 2. Chapter 673 of NRS is hereby amended by adding thereto a2-22
new section to read as follows:2-23
1. Except as otherwise provided in subsection 3, if a lessor opens a2-24
safe-deposit box without complying with subsection 1 of NRS 673.373 or2-25
opens it for any other reason without giving the lessee an opportunity to2-26
consent to the opening or to remove the contents, the lessee may demand2-27
the following relief in addition to any other relief appropriate under the2-28
circumstances, and require the lessor to submit the claim to arbitration,2-29
mediation or factfinding:2-30
(a) A complete explanation of the circumstances of the opening of the2-31
box by the lessor and of an examination of the contents;2-32
(b) An adjudication of whether any items have been found to be2-33
missing and a determination of the value of any missing items;2-34
(c) A determination of the compensation owed to the lessee if the2-35
factfinder determines that an unjustified invasion of his privacy has2-36
occurred; and2-37
(d) An allocation of the costs of arbitration, mediation or factfinding.2-38
2. The commissioner:2-39
(a) Shall provide a form for the submission of a claim to arbitration,2-40
mediation or factfinding pursuant to subsection 1;2-41
(b) Shall adopt regulations that establish appropriate procedures for2-42
conducting the arbitration, mediation or factfinding required by2-43
subsection1; and3-1
(c) May maintain a list of persons in this state who are qualified to3-2
conduct such a proceeding.3-3
3. A lessor may refuse to submit a claim to arbitration, mediation or3-4
factfinding pursuant to subsection 1 if the lessor gives notice to the lessee3-5
in its written procedures for the rental of a safe-deposit box which clearly3-6
states that it does not intend to comply with the provisions of subsection 13-7
and contains a copy of the provisions of this section and a description of3-8
the procedures that it will follow in such a case.~