2001 REGULAR SESSION (71st) A AB207 575
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, line 2, by deleting “26,” and inserting “18,”.
Amend sec. 2, page 1, line 3, by deleting “26,” and inserting “18,”.
Amend sec. 3, page 1, lines 7 and 8, by deleting:
“repairs or the fair retail market value of”.
Amend sec. 3, page 1, by deleting line 9 and inserting:
“an undamaged condition.”.
Amend sec. 4, page 2, lines 2 and 3, by deleting:
“is purely cosmetic in nature.” and inserting:
“does not affect the ability of the motor vehicle to function.”.
Amend sec. 6, page 2, lines 8 and 9, by deleting:
“trunk or passenger compartment” and inserting:
“passenger or trunk compartments”.
Amend sec. 7, page 2, line 12, by deleting “its title.” and inserting:
“any title issued for the vehicle.”.
Amend sec. 8, page 2, line 14, by deleting:
“$3,000 or more,” and inserting:
“at least 20 percent of the lesser of the manufacturer’s suggested retail price of the vehicle or the fair market value of the vehicle,”.
Amend sec. 10, page 2, line 23, by deleting:
“a nonrepairable vehicle” and inserting “nonrepairable”.
Amend sec. 10, page 2, line 24, by deleting:
“on its title.” and inserting:
“placed on any title issued for the vehicle.”.
Amend sec. 11, page 2, by deleting lines 26 and 27 and inserting:
“vehicle that has been certified as being fit for operation upon a highway by the department or any other jurisdiction that has issued a title for the vehicle.”.
Amend sec. 12, page 2, by deleting lines 29 through 36 and inserting:
“has been declared a total loss vehicle or had “salvage” or a similar word or designation placed on any title issued for the vehicle.”.
Amend sec. 13, page 2, by deleting lines 37 through 43 and inserting:
“Sec. 13. “Title” means a certificate of ownership or any other document issued by any state or country indicating the ownership of a motor vehicle.”.
Amend the bill as a whole by deleting sections 14 through 22, renumbering sec. 23 as sec. 18 and adding new sections designated sections 14 through 17, following sec. 13, to read as follows:
“Sec. 14. “Total loss vehicle” has the meaning ascribed to it in NRS 487.045.
Sec. 15. 1. Any person who transfers an interest in a motor vehicle in this state shall, before the transfer, disclose in writing to the transferee any information that the transferor knows or should have known concerning whether the vehicle is a flood vehicle as defined in section 7 of this act, a nonrepairable vehicle as defined in section 10 of this act, a renovated vehicle as defined in section 11 of this act or a salvage vehicle as defined in section 12 of this act, or has sustained major damage as defined in section 8 of this act.
2. If the transferor is subject to the provisions of NRS 482.423, 482.4235, 482.424 or 482.4245, the transferor shall:
(a) Make the disclosure required by subsection 1 before finalizing a contract of sale or a long-term lease;
(b) Provide a copy of the disclosure to the transferee; and
(c) Retain the written disclosure in his records for the period specified in NRS 482.3263.
3. It is unlawful for a person to knowingly and willfully fail to make a disclosure required by this section with the intent to defraud. A person who violates this subsection shall be punished in accordance with the provisions of NRS 205.380.
Sec. 16. 1. At the time application is made for the issuance of the title of a motor vehicle, the applicant shall submit to the department any disclosure made pursuant to section 15 of this act concerning the vehicle. Upon submittal, the disclosure becomes a part of the title history of the vehicle and must be carried forward on all succeeding titles issued for the vehicle.
2. The department shall adopt regulations setting forth a method by which the titles of motor vehicles must contain information concerning such disclosures and any other information the department determines to be necessary.
Sec. 17. 1. A person who, with the intent to defraud, violates any provision of section 15 or 16 of this act is liable to any person harmed by that violation in an amount equal to the sum of:
(a) Three times the amount of actual damages sustained by the person harmed or $5,000, whichever is greater; and
(b) If an action brought by the person harmed is successful in enforcing the liability imposed by paragraph (a), the costs of bringing the action and reasonable attorney’s fees as determined by the court.
2. The remedy set forth in subsection 1 is independent of and supplemental to, and does not limit or preclude the application of, any other legal or equitable remedy.”.
Amend sec. 23, page 5, line 25, before “If” by inserting “1.”.
Amend sec. 23, page 5, by deleting lines 33 through 40 and inserting:
“2. If the vehicle is a nonrepairable vehicle, the insurance company shall, in addition to providing the notice required by subsection 1, notify the department and, if the vehicle is”.
Amend the bill as a whole by deleting sections 24 through 27 and renumbering sec. 28 as sec. 19.
Amend sec. 28, page 7, line 6, by deleting “20” and inserting “15”.
Amend the bill as a whole by deleting sec. 29 and renumbering sections 30 through 37 as sections 20 through 27.
Amend sec. 31, page 9, by deleting lines 6 and 7 and inserting:
“(b) A disclosure required by section 15 of this act; or”.
Amend sec. 33, pages 9 and 10, by deleting lines 48 and 49 on page 9 and line 1 on page 10 and inserting:
“2. The insurance company or its authorized agent may sell a vehicle for”.
Amend sec. 33, page 10, lines 5 and 6, by deleting:
“rebuilt.
(b) An” and inserting “rebuilt. An”.
Amend the title of the bill by deleting the second through fourth lines and inserting:
“transfer and titling of vehicles that have sustained certain damages; requiring certain notices and disclosures regarding such vehicles; imposing civil liability and”.
Amend the summary of the bill to read as follows: