Senate Bill No. 118–Senator Shaffer

February 13, 2001

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Referred to Committee on Transportation

SUMMARY—Revises certain provisions governing fees charged by short-term lessors of passenger cars. (BDR 43‑708)

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 passenger cars; increasing the fee a short-term lessor of a passenger car may charge for a waiver of damages; authorizing a short-term lessor of a passenger car to charge a short-term lessee an additional fee for certain additional authorized drivers; 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 more than [$10] $15 per full or partial 24-hour rental period for the

1-7 waiver.

1-8 3. A short-term lessor who disseminates an advertisement in the State

1-9 of Nevada that contains a rate for the lease of a passenger car shall include

1-10 in the advertisement a clearly readable statement of the charge for a waiver

1-11 of damages and a statement that the waiver is optional.

1-12 4. A short-term lessor shall not engage in any unfair, deceptive or

1-13 coercive conduct to induce a short-term lessee to purchase a waiver of

1-14 damages, optional insurance or any other optional good or service,

1-15 including, but not limited to, refusing to honor the lessee’s reservation,

1-16 limiting the availability of cars, requiring a deposit or debiting or blocking

1-17 the lessee’s credit card account for a sum equivalent to a deposit if the

1-18 lessee declines to purchase a waiver, optional insurance or any other

1-19 optional good or service.

1-20 Sec. 2. NRS 482.3158 is hereby amended to read as follows:

1-21 482.3158 1. The short-term lessor of a passenger car may impose an

1-22 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.

2-6 (d) For service incident to the lessee’s optional return of the car to a

2-7 location other than the location where the car was leased.

2-8 (e) For refueling the car at the conclusion of the lease if the lessee did

2-9 not return the car with as much fuel as was in the fuel tank at the beginning

2-10 of the lease.

2-11 (f) For any authorized driver in addition to the short-term lessee and

2-12 one other authorized driver but shall not charge more than $5 per full or

2-13 partial 24-hour period for such an additional authorized driver.

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] One 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 Sec. 3. This act becomes effective on July 1, 2001.

2-30 H