Senate Bill No. 209–Committee on Transportation

February 17, 1999

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Referred to Committee on Transportation

 

SUMMARY—Requires temporary placard for use in place of license plate to be provided to buyer or lessee by certain sellers and lessors of vehicles. (BDR 43-197)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: 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 vehicles; requiring certain sellers and lessors of vehicles to provide the buyer or lessee with a temporary placard for use in place of a license plate; providing that the placard must contain the date of expiration by the seller or lessor of the report of sale or report of lease of the vehicle; providing a penalty; 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. Chapter 482 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. The department shall collect a fee for each temporary placard

1-4 issued by the department to a seller or long-term lessor pursuant to NRS

1-5 482.423 to 482.4245, inclusive. The fee may not exceed the cost to the

1-6 department of producing the temporary placard.

1-7 2. The fees collected pursuant to subsection 1 must be deposited with

1-8 the state treasurer for credit to the motor vehicle fund and allocated to

1-9 the registration division of the department to pay for the cost of

1-10 producing the temporary placards.

1-11 Sec. 2. NRS 482.423 is hereby amended to read as follows:

1-12 482.423 1. When a new vehicle is sold in this state for the first time,

1-13 the seller shall complete and execute a manufacturer’s certificate of origin

1-14 or a manufacturer’s statement of origin and, unless the vehicle is sold to a

1-15 licensed dealer, a dealer’s report of sale. The dealer’s report of sale must be

1-16 in a form prescribed by the department and must include:

1-17 (a) A description of the vehicle;

2-1 (b) The name and address of the seller; and

2-2 (c) The name and address of the buyer.

2-3 2. If , in connection with the sale , a security interest is taken or

2-4 retained by the seller to secure all or part of the purchase price, or a

2-5 security interest is taken by a person who gives value to enable the buyer to

2-6 acquire rights in the vehicle, the name and address of the secured party or

2-7 his assignee must be entered on the dealer’s report of sale and on the

2-8 manufacturer’s certificate or statement of origin.

2-9 [2.] 3. Unless an extension of time is granted by the department, the

2-10 seller shall:

2-11 (a) Collect the fee set forth in NRS 482.429 for a certificate of title for a

2-12 vehicle registered in this state;

2-13 (b) Submit the original of the dealer’s report of sale and the

2-14 manufacturer’s certificate or statement of origin and remit the fee collected

2-15 pursuant to this subsection for the certificate of title to the department

2-16 within 20 days after the execution of the dealer’s report of sale; and

2-17 (c) Furnish [one copy of the report] to the buyer [.] :

2-18 (1) One copy of the dealer’s report of sale; and

2-19 (2) A temporary placard for use in place of a license plate. The

2-20 temporary placard must be in a form prescribed by the department, be

2-21 made of a material appropriate for use on the exterior of a vehicle and

2-22 contain the date of expiration of the dealer’s report of sale in a size

2-23 consistent with the unique numbers and letters of a license plate.

2-24 4. One copy of the dealer’s report of sale must be affixed to the right

2-25 front windshield of the vehicle, [which] and the temporary placard must

2-26 be affixed to the rear of the vehicle in place of a license plate.

2-27 5. Compliance with the requirements of subsection 4 permits the

2-28 vehicle to be operated for a period not to exceed 10 days. Upon the

2-29 issuance of the certificate of registration and license plates for the vehicle

2-30 or the expiration of 10 days after the sale, whichever occurs first, the buyer

2-31 shall remove the copy of the dealer’s report of sale from the windshield of

2-32 the vehicle [.

2-33 3.] and the temporary placard from the rear of the vehicle.

2-34 6. For the purposes of establishing compliance with the period required

2-35 by paragraph (b) of subsection [2,] 3, the department shall use the date

2-36 imprinted or otherwise indicated on the dealer’s report of sale as the

2-37 beginning date of the 20-day period.

2-38 [4.] 7. The department shall furnish a special permit for use when a

2-39 contract of sale is entered to enable the buyer to operate the vehicle for a

2-40 period not to exceed 20 days. Upon execution of all required documents to

2-41 complete the sale of a vehicle, the dealer shall [remove this] :

2-42 (a) Remove the special permit ; and [execute]

3-1 (b) Execute a dealer’s report of sale and furnish a copy of the report

3-2 and a temporary placard to the buyer as required by this section.

3-3 Sec. 3. NRS 482.4235 is hereby amended to read as follows:

3-4 482.4235 1. If a new vehicle is leased in this state by a long-term

3-5 lessor, the long-term lessor shall complete and execute a manufacturer’s

3-6 certificate of origin or a manufacturer’s statement of origin, and a long-term

3-7 lessor’s report of lease. Such a report must be in a form prescribed by the

3-8 department and must include:

3-9 (a) A description of the vehicle; and

3-10 (b) The names and addresses of the long-term lessor, long-term lessee

3-11 and any person having a security interest in the vehicle.

3-12 2. Unless an extension of time is granted by the department, the long-

3-13 term lessor shall:

3-14 (a) Submit the original of the long-term lessor’s report of lease and the

3-15 manufacturer’s certificate of origin or manufacturer’s statement of origin to

3-16 the department within 20 days after the execution of the long-term lessor’s

3-17 report of lease; and

3-18 (b) Furnish [one copy of the report] to the long-term lessee [.] :

3-19 (1) One copy of the long-term lessor’s report of lease; and

3-20 (2) A temporary placard for use in place of a license plate. The

3-21 temporary placard must be in a form prescribed by the department, be

3-22 made of a material appropriate for use on the exterior of a vehicle and

3-23 contain the date of expiration of the long-term lessor’s report of lease in

3-24 a size consistent with the unique numbers and letters of a license plate.

3-25 3. The long-term lessor shall affix one copy of the long-term lessor’s

3-26 report of lease to the right front windshield of the vehicle [, which] and the

3-27 temporary placard to the rear of the vehicle in place of a license plate.

3-28 4. Compliance with the requirements of subsection 3 permits the

3-29 vehicle to be operated for a period not to exceed 10 days. Upon issuance of

3-30 the certificate of registration for the vehicle or the expiration of 10 days

3-31 after the lease, whichever occurs first, the long-term lessee shall remove the

3-32 copy of the long-term lessor’s report of lease from the windshield of the

3-33 vehicle [.

3-34 3.] and the temporary placard from the rear of the vehicle.

3-35 5. For the purposes of establishing compliance with the period required

3-36 by paragraph (a) of subsection 2, the department shall use the date

3-37 imprinted or otherwise indicated on the long-term lessor’s report of lease as

3-38 the beginning date of the 20-day period.

3-39 [4.] 6. When a contract to lease a new vehicle is entered into, the

3-40 department shall furnish a special permit to the long-term lessor to enable

3-41 the long-term lessee to operate the vehicle for not more than 20 days. Upon

3-42 executing all documents necessary to complete the lease of the vehicle, the

3-43 long-term lessor shall [remove] :

4-1 (a) Remove the special permit ; and [execute]

4-2 (b) Execute the long-term lessor’s report of lease and furnish a copy of

4-3 the report and a temporary placard to the long-term lessee as required by

4-4 this section.

4-5 Sec. 4. NRS 482.424 is hereby amended to read as follows:

4-6 482.424 1. When a used or rebuilt vehicle is sold in this state to any

4-7 person, except a licensed dealer, by a dealer, rebuilder, long-term lessor or

4-8 short-term lessor, the seller shall complete and execute a dealer’s or

4-9 rebuilder’s report of sale. The dealer’s or rebuilder’s report of sale must be

4-10 in a form prescribed by the department and must include:

4-11 (a) A description of the vehicle, including whether it is a rebuilt vehicle;

4-12 (b) The name and address of the seller; and

4-13 (c) The name and address of the buyer.

4-14 2. If a security interest exists at the time of the sale, or if in connection

4-15 with the sale a security interest is taken or retained by the seller to secure

4-16 all or part of the purchase price, or a security interest is taken by a person

4-17 who gives value to enable the buyer to acquire rights in the vehicle, the

4-18 name and address of the secured party must be entered on the dealer’s or

4-19 rebuilder’s report of sale.

4-20 [2.] 3. Unless an extension of time is granted by the department, the

4-21 seller shall:

4-22 (a) Collect the fee set forth in NRS 482.429 for a certificate of title for a

4-23 vehicle registered in this state;

4-24 (b) Submit the original of the dealer’s or rebuilder’s report of sale and

4-25 remit the fee collected pursuant to this subsection for the certificate of title

4-26 to the department within 30 days after the execution of the dealer’s or

4-27 rebuilder’s report of sale, together with the properly endorsed certificate of

4-28 title or certificate of ownership previously issued for the vehicle; and

4-29 (c) Furnish [one copy of the report] to the buyer [.] :

4-30 (1) One copy of the dealer’s or rebuilder’s report of sale; and

4-31 (2) A temporary placard for use in place of a license plate. The

4-32 temporary placard must be in a form prescribed by the department, be

4-33 made of a material appropriate for use on the exterior of a vehicle and

4-34 contain the date of expiration of the dealer’s or rebuilder’s report of sale

4-35 in a size consistent with the unique numbers and letters of a license plate.

4-36 4. One copy of the dealer’s or rebuilder’s report of sale must be

4-37 affixed to the front right windshield of the vehicle, [which] and the

4-38 temporary placard must be affixed to the rear of the vehicle in place of a

4-39 license plate.

4-40 5. Compliance with the requirements of subsection 4 permits the

4-41 vehicle to be operated for not more than 10 days. Upon the issuance of the

4-42 certificate of registration for the vehicle or the expiration of 10 days after

5-1 the sale, whichever occurs first, the buyer shall remove the copy of the

5-2 dealer’s or rebuilder’s report of sale from the windshield of the vehicle [.

5-3 3.] and the temporary placard from the rear of the vehicle.

5-4 6. For the purposes of establishing compliance with the period required

5-5 by paragraph (b) of subsection [2,] 3, the department shall use the date

5-6 imprinted or otherwise indicated on the dealer’s or rebuilder’s report of

5-7 sale as the beginning date of the 30-day period.

5-8 [4.] 7. The department shall furnish a special permit which may be

5-9 used when a contract of sale is made, to enable the buyer to operate the

5-10 vehicle purchased by him for not more than 20 days. Upon executing all

5-11 documents necessary to complete the sale of the vehicle, the dealer shall

5-12 [remove] :

5-13 (a) Remove the special permit ; and [execute]

5-14 (b) Execute the dealer’s report of sale [,] and furnish a copy of the

5-15 report and a temporary placard to the buyer as required by this section.

5-16 Sec. 5. NRS 482.4245 is hereby amended to read as follows:

5-17 482.4245 1. If a used or rebuilt vehicle is leased in this state by a

5-18 long-term lessor, the long-term lessor shall complete and execute a long-

5-19 term lessor’s report of lease. Such a report must be in a form prescribed by

5-20 the department and must include:

5-21 (a) A description of the vehicle;

5-22 (b) An indication as to whether the vehicle is a rebuilt vehicle; and

5-23 (c) The names and addresses of the long-term lessor, long-term lessee

5-24 and any person having a security interest in the vehicle.

5-25 2. Unless an extension of time is granted by the department, the long-

5-26 term lessor shall:

5-27 (a) Submit the original of the long-term lessor’s report of lease to the

5-28 department within 30 days after the execution of the long-term lessor’s

5-29 report of lease, together with the properly endorsed certificate of title or

5-30 certificate of ownership previously issued for the vehicle; and

5-31 (b) Furnish [one copy of the report] to the long-term lessee [.] :

5-32 (1) One copy of the long-term lessor’s report of lease; and

5-33 (2) A temporary placard for use in place of a license plate. The

5-34 temporary placard must be in a form prescribed by the department, be

5-35 made of a material appropriate for use on the exterior of a vehicle and

5-36 contain the date of expiration of the long-term lessor’s report of lease in

5-37 a size consistent with the unique numbers and letters of a license plate.

5-38 3. The long-term lessor shall affix one copy of the report to the right

5-39 front windshield of the vehicle [, which] and the temporary placard to the

5-40 rear of the vehicle in place of a license plate.

5-41 4. Compliance with the requirements of subsection 3 permits the

5-42 vehicle to be operated for a period not to exceed 10 days. Upon issuance of

5-43 the certificate of registration for the vehicle or the expiration of 10 days

6-1 after the lease, whichever occurs first, the long-term lessee shall remove the

6-2 copy of the long-term lessor’s report of lease from the windshield of the

6-3 vehicle [.

6-4 3.] and the temporary placard from the rear of the vehicle.

6-5 5. For the purposes of establishing compliance with the period required

6-6 by paragraph (a) of subsection 2, the department shall use the date

6-7 imprinted or otherwise indicated on the long-term lessor’s report of lease as

6-8 the beginning date of the 30-day period.

6-9 [4.] 6. When a contract to lease a used or rebuilt vehicle is entered into,

6-10 the department shall furnish a special permit to the long-term lessor to

6-11 enable the long-term lessee to operate the vehicle for not more than 20

6-12 days. Upon executing all documents necessary to complete the lease of the

6-13 vehicle, the long-term lessor shall [remove] :

6-14 (a) Remove the special permit ; and [execute]

6-15 (b) Execute the long-term lessor’s report of lease and furnish a copy of

6-16 the report and a temporary placard to the long-term lessee as required by

6-17 this section.

6-18 Sec. 6. NRS 482.436 is hereby amended to read as follows:

6-19 482.436 Any person is guilty of a gross misdemeanor who knowingly:

6-20 1. Makes any false entry on any certificate of origin or certificate of

6-21 ownership;

6-22 2. Furnishes false information to the department concerning any

6-23 security interest; or

6-24 3. Fails to submit the original of the dealer’s or rebuilder’s report of

6-25 sale of a used or rebuilt vehicle to the department within the time

6-26 prescribed in subsection [2] 3 of NRS 482.424.

6-27 Sec. 7. The amendatory provisions of this act do not apply to offenses

6-28 that were committed before October 1, 1999.

6-29 Sec. 8. This act becomes effective on October 1, 1999.

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