Assembly Amendment to Assembly Bill No. 673 (BDR 57-1673)
Proposed by: Committee on Commerce and Labor
Amendment Box:
Amends: Summary: Title: Preamble: Joint Sponsorship:
ASSEMBLY ACTION
Initial and Date | SENATE ACTION Initial and DateAdopted Lost | Adopted Lost
Concurred In Not | Concurred In Not
Receded Not | Receded Not
Amend section 1, page 1, line 2, by deleting "26," and inserting "25,".
Amend sec. 2, page 1, line 5, by deleting "
10," and inserting "9,".Amend sec. 3, page 1, by deleting lines 7 through 11 and inserting:
"Sec. 3.
"Administrator" means a person who is responsible for administering a service contract that is issued, sold or offered for sale by a provider.".Amend the bill as a whole by renumbering sections 5 and 6 as sections 6 and 7 and adding a new section designated sec. 5, following sec. 4, to read as follows:
"Sec. 5.
"Contractual liability insurance policy" means a policy of insurance that is issued to a provider to either:1. Reimburse the provider under the terms of a service contract issued or sold by the provider; or
2. If the provider does not satisfy his obligation under a service contract, pay on behalf of the provider any money the provider has an obligation to pay under the service contract.".
Amend the bill as a whole by deleting sections 7 and 8 and renumbering sections 9 through 29 as sections 8 through 28.
Amend sec. 9, page 2, line 13, by deleting:
"
goods owned by the holder." and inserting "goods.".Amend sec. 10, page 2, line 15, after "
exchange for" by inserting "separately stated".Amend sec. 10, page 2, by deleting line 19 and inserting:
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contract and which have an operational or structural failure as a result of a defect in materials, workmanship or normal wear and tear, including, without limitation:1. A contract that includes a provision for incidental payment of indemnity under limited circumstances, including, without limitation, towing, rental and emergency road service; and
2. A contract that provides for the repair, replacement or maintenance of goods for damages that result from power surges or accidental damage from handling.
".Amend sec. 11, page 2, line 20, by deleting "
chapter" and inserting "Title".Amend sec. 11, page 2, line 23, after "
utility" by inserting:"
on its transmission device".Amend sec. 11, page 2, line 35, after "
provided" by inserting "solely".Amend sec. 12, page 3, line 1, after "
issue" by inserting:"
, sell or offer for sale".Amend sec. 13, page 3, line 4, after "
issue" by inserting:"
, sell or offer for sale".Amend sec. 13, page 3, line 6, by deleting "
An" and inserting "A registration".Amend sec. 13, page 3, line 8, by deleting "
14" and inserting "13".Amend sec. 13, page 3, line 9, by deleting "
issue;" and inserting:"
issue, sell or offer for sale;".Amend sec. 13, page 3, by deleting line 15 and inserting "
commissioner.".Amend sec. 14, page 3, by deleting lines 23 and 24 and inserting:
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1. Purchase a contractual liability insurance policy which insures the obligations of each service contract the provider issues, sells or offers for sale. The contractual liability insurance policy must be issued by an".Amend sec. 14, page 4, line 16, after "
issued" by inserting "or sold".Amend sec. 16, page 4, by deleting lines 19 and 20 and inserting:
"Sec. 15.
1. Except as otherwise provided in this chapter, the marketing, issuance, sale, offering for sale, making, proposing to make and administration of service contracts are not subject to the provisions of Title".Amend sec. 16, page 4, by deleting line 29 and inserting:
"
2. A provider, person who sells service contracts, administrator or any other person is not required to obtain a certificate".Amend sec. 16, page 4, line 31, after "
issue" by inserting:"
, sell, offer for sale".Amend sec. 18, page 5, line 9, after "
A" by inserting "contractual".Amend sec. 18, page 5, line 18, before "
liability" by inserting "contractual".Amend sec. 19, page 5, line 23, after "
a" by inserting "contractual".Amend sec. 19, page 5, line 24, by deleting "
policy." and inserting:"
policy or that it is backed by the full faith and credit of the provider if the service contract is not insured by a contractual liability insurance policy.".Amend sec. 19, page 5, by deleting lines 27 and 28, and inserting:
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(d) Include the name and address of the provider, the holder, if provided by the holder and, if applicable, the administrator. The names and addresses of such persons are not required to be preprinted on the service contract and may be added to the service contract at the time of the sale.".Amend sec. 19, page 5, line 29, after "
contract." by inserting:"
The purchase price must be determined pursuant to a schedule of fees established by the provider.".Amend sec. 19, page 5, by deleting lines 30 and 31 and inserting:
"
(f) Include a description of the goods covered by the service contract.".Amend sec. 19, page 5, line 34, by deleting:
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is issued for" and inserting "covers".Amend sec. 19, pages 5 and 6, by deleting lines 42 and 43 on page 5 and lines 1 through 7 on page 6, and inserting:
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service contract. The conditions for canceling the service contract must include, without limitation, the provisions of NRS 687B.320.".Amend sec. 19, page 6, line 14, by deleting "
for which" and inserting "covered by".Amend sec. 19, page 6, line 15, by deleting "
is issued".Amend sec. 20, page 6, by deleting lines 22 through 24 and inserting:
"Sec. 19.
1. A provider shall provide a receipt for, or other written evidence of, the purchase of a service contract.".Amend sec. 20, page 6, line 26, by deleting "
15 days" and inserting:"
a reasonable time".Amend sec. 21, page 6, line 39, after "
issues" by inserting:"
, sells or offers for sale".Amend sec. 23, page 7, line 3, by deleting "
issues;" and inserting:"
issues, sells or offers for sale;".Amend sec. 23, page 7, line 7, after "
issues" by inserting:"
, sells or offers for sale".Amend sec. 24, page 7, by deleting lines 21 through 26 and inserting:
"Sec. 23.
1. Except as otherwise provided in this subsection, the commissioner may conduct examinations to enforce the provisions of this chapter pursuant to the provisions of NRS 679B.230 to 679B.300, inclusive, at such times as he deems necessary. The commissioner is not required to comply with the requirement in NRS 679B.230 that insurers be examined not less frequently than every 5 years in the enforcement of this chapter.2. A provider shall, upon the request of the commissioner, make available to the commissioner for inspection any accounts, books and records concerning any service contract issued, sold or offered for sale by the provider which are reasonably necessary to enable the commissioner to determine whether the provider is in compliance with the provisions of this chapter.".
Amend sec. 27, page 7, line 39, by deleting "
15" and inserting "14".Amend sec. 28, page 8, line 8, after "28." by inserting "1.".
Amend sec. 28, page 8, between lines 9 and 10, by inserting:
"2. The failure of a provider or other person to comply with the provisions of this act or to administer a service contract in the manner set forth in this act before January 1, 2000, is not admissible in any court, arbitration or alternative dispute resolution proceeding, and may not otherwise be used to prove that the action of any person or any provision of the service contract was unlawful or otherwise improper.".
Amend sec. 29, page 8, by deleting line 10 and inserting:
"Sec. 28. This act becomes effective upon passage and approval for the purpose of adopting regulations and on January 1, 2000, for all other purposes.".