Amendment No. 787

 

Assembly Amendment to Senate Bill No. 355  First Reprint                                              (BDR 43‑1238)

Proposed by: Committee on Transportation

Amendment Box: Replaces Amendment No. 689.

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 the bill as a whole by deleting sec. 5.5 and adding:

     “Sec. 5.5.  (Deleted by amendment.)”.

     Amend sec. 11, page 3, by deleting lines 20 through 22 and inserting:

“vehicles not of the current model year [.] if delivered to the dealer during the 18-month period immediately preceding the effective date of the termination or refusal to continue the franchise. As used in this paragraph, a “new vehicle” is one which has not been damaged , [or] materially altered [and registers 50 miles or less on its odometer.] or registered with the Department or with the appropriate agency of authority of any other state, the District of Columbia, any territory or possession of the United States or any foreign state, province or country.”.

     Amend the bill as a whole by renumbering sections 14 through 23 as sections 15 through 24 and adding a new section designated sec. 14, following sec. 13, to read as follows:

     “Sec. 14. NRS 482.36366 is hereby amended to read as follows:

     482.36366  1.  Each witness, other than an officer or employee of the State or of a political subdivision of the State [,] or an expert witness, who appears by order of the Director in a hearing pursuant to NRS 482.36311 to 482.36425, inclusive, and sections 2 and 3 of this act, is entitled to receive for his attendance the same fees allowed by law to witnesses in civil cases. [The] Except as otherwise provided in subsection 2, the amount must be paid by the party at whose request the witness is ordered to appear.

     2.  The Director may assess other costs against the parties as he deems appropriate. After any hearing on a protest filed pursuant to NRS 482.36352, 482.36354 or 482.36357, if the Director determines that the manufacturer or distributor has failed to establish that there is good cause to terminate, refuse to continue, modify or replace a franchise, or to establish an additional dealership or relocate an existing dealership, the Director shall award to the dealer his attorney’s fees and costs.

     3.  For the purposes of this section, “costs” includes:

     (a) Except as otherwise provided in paragraph (b), any applicable cost set forth in NRS 18.005; and

     (b) The actual amount of any fees paid by a dealer to an expert witness in connection with the hearing.”.

     Amend the title of the bill to read as follows:

“AN ACT relating to vehicles; extending under certain circumstances the coverage of provisions relating to franchises for motor vehicles to include recreational vehicles designed to be mounted upon or drawn by a motor vehicle; revising the provision regarding the compensation owed to a dealer upon the termination or discontinuance of a franchise; requiring the Director of the Department of Motor Vehicles under certain circumstances to award attorney’s fees and costs to dealers; providing a penalty; and providing other matters properly relating thereto.”.

     Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes concerning franchises for vehicles. (BDR 43‑1238)”.