Senate Bill No. 102–Senator Neal

February 12, 2001

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Referred to Committee on Transportation

SUMMARY—Limits amount short-term lessor of motor vehicles may charge lessee for waiver of damages and optional insurance. (BDR 43‑741)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State: No.

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

Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

AN ACT relating to leases of motor vehicles; limiting the amount a short-term lessor may charge a lessee for a waiver of damages and optional insurance; 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. NRS 482.31565 is hereby amended to read as follows:

1-2 482.31565 1. A short-term lessor shall not require the purchase of a

1-3 waiver of damages, optional insurance or any other optional good or

1-4 service as a condition for the lease of a passenger car.

1-5 2. A short-term lessor may sell a waiver of damages but shall not

1-6 charge a cumulative sum of more than $10 per full or partial 24-hour

1-7 rental period for the waiver [.] and any optional insurance provided

1-8 pursuant to NRS 482.3158.

1-9 3. A short-term lessor who disseminates an advertisement in the State

1-10 of Nevada that contains a rate for the lease of a passenger car shall include

1-11 in the advertisement a clearly readable statement of the charge for a waiver

1-12 of damages and a statement that the waiver is optional.

1-13 4. A short-term lessor shall not engage in any unfair, deceptive or

1-14 coercive conduct to induce a short-term lessee to purchase a waiver of

1-15 damages, optional insurance or any other optional good or service,

1-16 including, but not limited to, refusing to honor the lessee’s reservation,

1-17 limiting the availability of cars, requiring a deposit or debiting or blocking

1-18 the lessee’s credit card account for a sum equivalent to a deposit if the

1-19 lessee declines to purchase a waiver, optional insurance or any other

1-20 optional good or service.

1-21 Sec. 2. NRS 482.3158 is hereby amended to read as follows:

1-22 482.3158 1. The short-term lessor of a passenger car may impose an

1-23 additional charge:

2-1 (a) Based on reasonable age criteria established by the lessor.

2-2 (b) For any item or a service provided if the short-term lessee could

2-3 have avoided incurring the charge by choosing not to obtain or utilize the

2-4 optional item or service.

2-5 (c) For insurance and accessories requested by the lessee [.] but shall

2-6 not charge a cumulative sum of more than $10 per full or partial 24-hour

2-7 rental period for insurance and any waiver of damages provided

2-8 pursuant to NRS 482.31565.

2-9 (d) For service incident to the lessee’s optional return of the car to a

2-10 location other than the location where the car was leased.

2-11 (e) For refueling the car at the conclusion of the lease if the lessee did

2-12 not return the car with as much fuel as was in the fuel tank at the beginning

2-13 of the lease.

2-14 2. A short-term lessor shall not charge a short-term lessee, as a

2-15 condition of leasing a passenger car, an additional fee for:

2-16 (a) Any surcharges required for fuel.

2-17 (b) Transporting the lessee to the location where the car will be

2-18 delivered to the lessee.

2-19 (c) Any other authorized driver.

2-20 3. If a short-term lessor:

2-21 (a) Delivers a passenger car to a short-term lessee at a location other

2-22 than the location where the lessor normally carries on its business, the

2-23 lessor shall not charge the lessee any amount for the period before the

2-24 delivery of the car.

2-25 (b) Takes possession of a passenger car from a short-term lessee at a

2-26 location other than the location where the lessor normally carries on its

2-27 business, the lessor shall not charge the lessee any amount for the period

2-28 after the lessee notifies the lessor to take possession of the car.

2-29 H