Amendment No. 313

Assembly Amendment to Assembly Bill No. 258 (BDR 52-1232)

Proposed by: Committee on Commerce and Labor

Amendment Box:

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend section 1, page 1, line 8, after "REPAIRS" by inserting:

"OF MORE THAN $50".

Amend section 1, page 1, by deleting line 11 and inserting:

"CHARGES FOR LABOR AND PARTS AND ACCESSORIES [,] UNLESS HE SIGNS A WAIVER OF HIS RIGHT TO RECEIVE THAT ESTIMATE, AND".

Amend section 1, page 2, line 10, by deleting "CHOOSE" and inserting:

"OBTAIN REPAIRS FROM".

Amend section 1, page 2, line 11, by deleting the period and inserting:

"AND IS REGISTERED WITH THE DEPARTMENT OF MOTOR VEHICLES AND PUBLIC SAFETY.".

Amend section 1, page 2, line 15, by deleting "$25." and inserting "$50.".

Amend sec. 2, page 3, by deleting line 4 and inserting:

"597.510 1. [A] Except as otherwise provided in NRS 597.530, a person requesting or authorizing the repair of a motor".

Amend sec. 2, page 3, line 5, by deleting "$25" and inserting "$50".

Amend sec. 3, page 3, line 20, by deleting "If" and inserting:

"Except as otherwise provided in NRS 597.530, if".

Amend the bill as a whole by deleting sec. 4 and adding a new section designated sec. 4, following sec. 3, to read as follows:

"Sec. 4. NRS 597.530 is hereby amended to read as follows:

597.530 [1.] The person authorizing the repairs may waive the estimate or statement required pursuant to the provisions of NRS 597.510 or the notification required by NRS 597.520 by executing [the waiver described in subsections 2, 3 and 4.

2.] a written waiver of that requirement or notification. The waiver [shall] must be executed by the person authorizing the repairs at the time [of authorization of such repairs. It shall include the following statement set forth in boldface letters not less than 1/4 inch high:

STATE LAW REQUIRES THAT WHEN A GARAGEMAN HAS GIVEN A PERSON AUTHORIZING REPAIRS A WRITTEN ESTIMATE SETTING FORTH THE TOTAL COST FOR LABOR AND PARTS AND ACCESSORIES TO ACCOMPLISH REPAIRS ON A MOTOR VEHICLE, NO CHARGE CAN BE MADE EXCEEDING THE ESTIMATED AMOUNT BY 20 PERCENT OR $40, WHICHEVER IS LESS, WITHOUT THE CONSENT OF SUCH PERSON. THE PERSON AUTHORIZING THE REPAIRS MAY, HOWEVER, WAIVE HIS RIGHT TO SUBSEQUENT APPROVAL OF INCREASED CHARGES, SHOULD THEY BE FOUND TO BE NECESSARY, BY EXECUTING THIS WAIVER.

3. This shall be followed by the certification set forth below, and the signature of the person authorizing the repairs:

The undersigned hereby certifies that he has read the preceding statement and knowingly and intentionally waives the right to approve any increased charges, should they be found necessary to complete the required repairs on this motor vehicle.

4. The form containing the waiver shall contain:

(a) The date.

(b) The vehicle make, body type and registration plate number.

(c) The work order number assigned by the garageman to the work to be performed on the vehicle.

(d) The name, address and telephone number (if any) of the person authorizing the repairs.] he authorizes those repairs.".

Amend sec. 5, page 4, line 31, by deleting:

"6 and 7" and inserting:

"6, 7 and 8".

Amend sec. 6, page 4, by deleting lines 34 through 37 and inserting:

"registration pursuant to the provisions of NRS 487.565 or maintain in continuous effect the bond required pursuant to the provisions of section 7 of this act may not:

1. Enforce a lien for the cost of repairs made by him to a motor vehicle during the period in which he failed to obtain or renew the certificate of registration or maintain the bond in continuous effect; or

2. Sue on any contract for those repairs made during that period.".

Amend sec. 7, page 5, line 2, by deleting "$10,000," and inserting "$5,000,".

Amend the bill as a whole by renumbering sections 8 through 15 as sections 9 through 16 and adding a new section designated sec. 8, following sec. 7, to read as follows:

"Sec. 8. A person who violates any provision of NRS 487.530 to 487.570, inclusive, is guilty of a misdemeanor.".

Amend sec. 8, page 6, lines 2 and 3, by deleting:

"6 and 7" and inserting:

"6, 7 and 8".

Amend sec. 11, page 7, by deleting lines 34 through 38 and inserting:

"applicant. The certificate must contain the [applicant’s name, residential address,] name of the applicant, the name under which his business [is to] will be conducted, the [business address,] address of his business and the registration number for the garage . [and the toll-free telephone number for consumer information and assistance established by the division pursuant to NRS 598.990.]".

Amend the bill as a whole by renumbering sec. 16 as sec. 18 and adding a new section designated sec. 17, following sec. 15, to read as follows:

"Sec. 17. The amendatory provisions of this act do not apply to offenses committed before October 1, 1999.".

Amend sec. 16, page 9, line 23, by deleting:

"14 and 15" and inserting:

"15 and 16".

Amend sec. 16, page 9, line 25, by deleting:

"9, inclusive, 11, 12 and 13" and inserting:

"10, inclusive, 12, 13, 14 and 17".

Amend sec. 16, page 9, line 27, by deleting "10" and inserting "11".

Amend the title of the bill, sixth line, after "limitation;" by inserting:

"providing a penalty;".