JRod0802
Member
Blast it all!
I DESPISE sloppy writing.
On the internet, one understandably gets labeled pedantic if one tries to correct another's solipsisms. But I'm not talking about that - rather, I am referring to the wording of AB2. I was hoping that Chickensevil was paraphrasing when he wrote this some three pages back, but he wasn't.
Here is the relevant text from AB2:
...only manufactures passenger cars that are powered solely by one or more electric motors; (2) only sells at retail new or new and used passenger cars that it manufactures; and (3) does not enter into a franchise for the sale of its passenger cars. For the purposes of these provisions, the term “passenger car” is defined by existing law to mean a motor vehicle designed for carrying 10 persons or less, except a motorcycle or motor-driven cycle.
The problem is that pesky initial adverb. This wording means that the qualifying entity is one that can perform one AND ONLY ONE function: "build electric passenger cars". Not design them. Not build electric submarines. Not investigate Hyperloops.
The text even is internally self-inconsistent. An entity that "only manufactures..." CANNOT also "...only sell...".
Am I being histrionic? I am not. Lawyers make fortunes over these errors, and progress is thwarted for decades over same.
Is there respite? There is. Moving "only" three words to the right will have the text read "...manufactures passenger cars that only are powered..."
Using your wording, if I decided to start a landscaping company or a computer company or just about any company, couldn't I just manufacture and sell two electric cars and then qualify for the tax break? I would be a business that "manufactures passenger cars that only are powered by one or more electric motors". That just wouldn't be my primary focus. In fact, I would have only manufactured them for the purpose of getting the tax break.
The specific AB2 bill and the proposed amendment are in regard to the issue of franchised dealerships, not tax breaks.
Oh ok. Didn't realize that. So in that case, using AudubonB's wording would mean that a car manufacturer that doesn't yet have dealerships in Nevada could make two electric cars then qualify to sell without dealerships?
Perhaps the following wording would be better:
A manufacturer is not subject to the provisions of NRS 4 482.36311 to 482.36425, inclusive, if:
(1) all of the passenger cars that the manufacturer makes are powered solely by one or more electric motors;
(2) all of the passenger cars that the manufacturer sells at retail are made by the manufacturer; and
(3) the manufacturer does not enter into a franchise for the sale of its passenger cars.
Edit: By the way, I agree with AudubonB's assessment that using the original wording of the bill, if Tesla gets into the energy storage business, dealership lawyers could try to say that Tesla no longer qualifies for this due to the fact that they don't "only manufacture passenger cars".
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