Amendment No. 472

 

Assembly Amendment to Assembly Bill No. 522                                                              (BDR 43‑1045)

Proposed by: Committee on Transportation

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, by deleting lines 6 through 9 and inserting:

     “(a) [Physical or mechanical] Except as otherwise provided in paragraphs (d) and (e), physical damage to the car, up to and including its fair market value, resulting from a [collision, regardless of the cause of the damage.]deliberate or negligent act or omission on the part of the lessee.

     (b) Mechanical damage to the car, up to and including its fair market value, resulting from:

          (1) A collision;

          (2) An impact; or

          (3) Any other type of incident,

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that is caused by a deliberate or negligent act or omission on the part of the lessee.

     (c) Loss resulting from theft of the car, up to and including its”.

     Amend section 1, page 2, line 4, by deleting “(c)” and inserting “[(c)](d)”.

     Amend section 1, page 2, line 8, by deleting “(b).” and inserting “[(b).](c).”.

     Amend section 1, page 2, line 9, by deleting “(d)” and inserting “[(d)](e)”.

     Amend section 1, page 2, by deleting lines 11 and 12 and inserting:

not caused by the [short-term lessee.

     (e)]lessee.

     (f) Loss of use of the car if the lessee is liable for damage or”.

     Amend section 1, page 2, line 14, by deleting “(f)” and inserting “[(f)](g)”.

     Amend section 1, page 2, line 16, by deleting “(g)” and inserting “[(g)](h)”.

     Amend the bill as a whole by renumbering sections 2 and 3 as sections 3 and 4 and adding a new section designated sec. 2, following section 1, to read as follows:

     “Sec. 2. NRS 482.3154 is hereby amended to read as follows:

     482.3154  1.  The total amount of the short-term lessee’s liability to the short-term lessor resulting from damage to a leased passenger car must not exceed the sum of the following:

     (a) The estimated cost for parts that the short-term lessor would have to pay to replace damaged parts. Any discount, price reduction or adjustment received by the lessor must be subtracted from the estimate to the extent not already incorporated in the estimate or promptly credited or refunded to the short-term lessee.

     (b) The estimated cost of labor to replace damaged parts of the passenger car, which must not exceed the product of:

          (1) The rate of labor usually paid by the lessor to replace parts of the type that were damaged; and

          (2) The estimated time for replacement.

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Any discount, price reduction or adjustment received by the short-term lessor must be subtracted from the estimate to the extent not already incorporated in the estimate or promptly credited or refunded to the lessee.

     (c) The estimated cost of labor to repair damaged parts of the passenger car, which must not exceed the lesser of:

          (1) The product of the rate for labor usually paid by the short-term lessor to repair parts of the type that were damaged and the estimated time for repair; or

          (2) The sum of the costs for estimated labor and parts determined pursuant to paragraphs (a) and (b) to replace the same parts.

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Any discount, price reduction or adjustment received by the short-term lessor must be subtracted from the estimate to the extent not already incorporated in the estimate or promptly credited or refunded to the lessee.

     (d) Except as otherwise provided in subsection 2, the loss of use of the leased passenger car, which must not exceed the product of:

          (1) The rate for the car stated in the short-term lessee’s lease, excluding all optional charges; and

          (2) The total of the estimated time for replacement and the estimated time for repair. For the purpose of converting the estimated time for repair into the same unit of time in which the rate of the lease is expressed, a day shall be deemed to consist of 8 hours.

     (e) Actual charges for towing and storage and impound fees paid by the short-term lessor.

     2.  Under any of the circumstances described in NRS 482.31555, the short-term lessor’s loss of use of the passenger car must not exceed the product of:

     (a) The rate for the car stated in the short-term lessee’s lease, excluding all optional charges; and

     (b) The period from the date of an accident to the date the car is ready to be returned to service if the lessor uses his best efforts to repair and return the car to service as soon as practicable.

     3.  An administrative charge pursuant to paragraph [(g)] (h) of subsection 1 of NRS 482.31535 must not exceed:

     (a) Fifty dollars if the total estimated cost for parts and labor is more than $100 and less than or equal to $500.

     (b) One hundred dollars if the total estimated cost for parts and labor is more than $500 and less than or equal to $1,500.

     (c) One hundred and fifty dollars if the total estimated cost for parts and labor is more than $1,500.

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No administrative charge may be imposed if the total estimated cost of parts and labor is $100 or less.”.

     Amend sec. 2, pages 2 and 3, by deleting lines 38 through 44 on page 2 and lines 1 through 11 on page 3, and inserting:

     “(e) Operated in a foreign country or outside of the [United States.]States of Nevada, Arizona, California, Idaho, Oregon and Utah, unless the lease expressly provides that the passenger car may be operated in other locations.”.