2001 REGULAR SESSION (71st) A SB523 530
Adoption of this amendment will MAINTAIN a 2/3s majority vote requirement for final passage of SB523 (§ 11).
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 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 482.31776 is hereby amended to read as follows:
482.31776 1. A consignee of a vehicle shall, upon entering into a consignment contract or other form of agreement to sell a vehicle owned by another person, open and maintain a separate trust account in a federally insured bank or savings and loan association that is located in this state, into which the consignee shall deposit all money received from a prospective buyer as a deposit, or as partial or full payment of the purchase price agreed upon, toward the purchase or transfer of interest in the vehicle. A consignee of a vehicle shall not:
(a) Commingle the money in the trust account with any other money that is not on deposit or otherwise maintained toward the purchase of the vehicle subject to the consignment contract or agreement; or
(b) Use any money in the trust account to pay his operational expenses for any purpose that is not related to the consignment contract or agreement.
2. Upon the sale or transfer of interest in the vehicle, the consignee shall forthwith:
(a) Satisfy or cause to be satisfied all outstanding security interests in the vehicle; and
(b) Satisfy the financial obligations due the consignor pursuant to the consignment contract.
3. Upon the receipt of money by delivery of cash, bank check or draft, or any other form of legal monetary exchange, or after any form of transfer of interest in a vehicle, the consignee shall notify the consignor that the money has been received or that a transfer of interest in the vehicle has occurred. Notification by the consignee to the consignor must be given in person or, in the absence of the consignor, by registered or certified mail addressed to the last address or residence of the consignor known to the consignee. The notification must be made within 3 business days after the date on which the money is received or the transfer of interest in the vehicle is made.
4. The provisions of this section do not apply to an executor, an administrator, a sheriff or any other person who sells a vehicle pursuant to the powers or duties granted to or imposed on him by specific statute.
5. Notwithstanding any provision of NRS 482.423 to 482.4247, inclusive, to the contrary, a vehicle subject to a consignment contract may not be operated by the consignee, an employee or agent of the consignee, or a prospective buyer in accordance with NRS 482.423 to 482.4247, inclusive, by displaying a [special permit or] temporary placard to operate the vehicle unless [such] the operation of the vehicle is authorized by the express written consent of the consignor.
6. A vehicle subject to a consignment contract may not be operated by the consignee, an employee or agent of the consignee, or a prospective buyer in accordance with NRS 482.320 by displaying a special plate unless [such] the operation of the vehicle is authorized by the express written consent of the consignor.
7. A consignee shall maintain a written log for each vehicle for which he has entered into a consignment contract. The written log must include:
(a) The name and address, or place of residence, of the consignor;
(b) A description of the vehicle consigned, including the year, make, model and serial or identification number of the vehicle;
(c) The date on which the consignment contract is entered into;
(d) The period that the vehicle is to be consigned;
(e) The minimum agreed upon sales price for the vehicle;
(f) The approximate amount of money due any lienholder or other person known to have an interest in the vehicle;
(g) If the vehicle is sold, the date on which the vehicle is sold;
(h) The date that the money due the consignor and the lienholder was paid;
(i) The name and address of the federally insured bank or savings and loan association in which the consignee opened the trust account required pursuant to subsection 1; and
(j) The signature of the consignor acknowledging that the terms of the consignment contract were fulfilled or terminated, as appropriate.
8. A person who:
(a) Appropriates, diverts or otherwise converts to his own use money in a trust account opened pursuant to subsection 1 or otherwise subject to a consignment contract or agreement is guilty of embezzlement and shall be punished in accordance with NRS 205.300. The court shall, in addition to any other penalty, order the person to pay restitution.
(b) Violates any other provision of this section is guilty of a misdemeanor.”.
Amend sec. 3, page 5, line 49, after “tax” by inserting “on”.
Amend the bill as a whole by renumbering sections 4 through 11 as sections 9 through 16 and adding new sections designated sections 5 through 8, following sec. 3, to read as follows:
“Sec. 5.NRS 482.423 is hereby amended to read as follows:
482.423 1. When a new vehicle is sold in this state for the first time, the seller shall complete and execute a manufacturer’s certificate of origin or a manufacturer’s statement of origin and, unless the vehicle is sold to a licensed dealer, a dealer’s report of sale. The dealer’s report of sale must be in a form prescribed by the department and must include:
(a) A description of the vehicle;
(b) The name and address of the seller; and
(c) The name and address of the buyer.
2. If, in connection with the sale, a security interest is taken or retained by the seller to secure all or part of the purchase price, or a security interest is taken by a person who gives value to enable the buyer to acquire rights in the vehicle, the name and address of the secured party or his assignee must be entered on the dealer’s report of sale and on the manufacturer’s certificate or statement of origin.
3. Unless an extension of time is granted by the department, the seller shall:
(a) Collect the fee set forth in NRS 482.429 for a certificate of title for a vehicle registered in this state; and
(b) Submit the original of the dealer’s report of sale and the manufacturer’s certificate or statement of origin and remit the fee collected pursuant to this subsection for the certificate of title to the department within 20 days after the execution of the dealer’s report of sale . [; and
(c) Furnish to the buyer :
(1) One copy of the dealer’s report of sale . ; and
(2) A temporary placard for use in place of a license plate. The temporary placard must be in a form prescribed by the department, be made of a material appropriate for use on the exterior of a vehicle and contain the date of expiration of the dealer’s report of sale in a size consistent with the unique numbers and letters of a license plate.
4. One copy of the dealer’s report of sale must be affixed to the right front windshield of the vehicle, and the temporary placard must be affixed to the rear of the vehicle in place of the license plate.]
4. Upon entering into a contract for the sale of a new vehicle, the seller shall affix a temporary placard to the rear of the vehicle. Only one temporary placard may be issued for the vehicle. The temporary placard must:
(a) Be in a form prescribed by the department;
(b) Be made of a material appropriate for use on the exterior of a vehicle;
(c) Be free from foreign materials and clearly visible from the rear of the vehicle; and
(d) Include the date of its expiration.
5. Compliance with the requirements of subsection 4 permits the vehicle to be operated for a period not to exceed [10 days.] 30 days after the execution of the contract. Upon the issuance of the certificate of registration and license plates for the vehicle or the expiration of [10 days after the sale,] the temporary placard, whichever occurs first, the buyer shall remove the [copy of the dealer’s report of sale from the windshield of the vehicle and the] temporary placard from the rear of the vehicle.
6. For the purposes of establishing compliance with the period required by paragraph (b) of subsection 3, the department shall use the date imprinted or otherwise indicated on the dealer’s report of sale as the beginning date of the 20-day period.
7. [The department shall furnish a special permit for use when a contract of sale is entered to enable the buyer to operate the vehicle for a period not to exceed 20 days.] Upon execution of all required documents to complete the sale of a vehicle, the dealer shall [:
(a) Remove the special permit; and
(b) Execute a] execute the dealer’s report of sale and furnish a copy of the report [and a temporary placard] to the buyer [as required by this section.] not less than 10 days before the expiration of the temporary placard.
Sec. 6. NRS 482.4235 is hereby amended to read as follows:
482.4235 1. If a new vehicle is leased in this state by a long-term lessor, the long-term lessor shall complete and execute a manufacturer’s certificate of origin or a manufacturer’s statement of origin, and a long-term lessor’s report of lease. Such a report must be in a form prescribed by the department and must include:
(a) A description of the vehicle; and
(b) The names and addresses of the long-term lessor, long-term lessee and any person having a security interest in the vehicle.
2. Unless an extension of time is granted by the department, the long-term lessor shall [:
(a) Submit] submit the original of the long-term lessor’s report of lease and the manufacturer’s certificate of origin or manufacturer’s statement of origin to the department within 20 days after the execution of the long-term lessor’s report of lease . [; and
(b) Furnish to the long-term lessee:
(1) One copy of the long-term lessor’s report of lease; and
(2) A temporary placard for use in place of a license plate. The temporary placard must be in a form prescribed by the department, be made of a material appropriate for use on the exterior of a vehicle and contain the date of expiration of the long-term lessor’s report of lease in a size consistent with the unique numbers and letters of a license plate.
3. The long-term lessor shall affix one copy of the long-term lessor’s report of lease to the right front windshield of the vehicle and the temporary placard to the rear of the vehicle in place of a license plate.]
3. Upon entering into a lease for a new vehicle, the seller shall affix a temporary placard to the rear of the vehicle. Only one temporary placard may be issued for the vehicle. The temporary placard must:
(a) Be in a form prescribed by the department;
(b) Be made of a material appropriate for use on the exterior of a vehicle;
(c) Be free from foreign materials and clearly visible from the rear of the vehicle; and
(d) Include the date of its expiration.
4. Compliance with the requirements of subsection 3 permits the vehicle to be operated for a period not to exceed [10 days.] 30 days after the execution of the lease. Upon issuance of the certificate of registration and license plates for the vehicle or the expiration of [10 days after the lease,] the temporary placard, whichever occurs first, the long-term lessee shall remove the [copy of the long-term lessor’s report of lease from the windshield of the vehicle and the] temporary placard from the rear of the vehicle.
5. For the purposes of establishing compliance with the period required by [paragraph (a) of] subsection 2, the department shall use the date imprinted or otherwise indicated on the long-term lessor’s report of lease as the beginning date of the 20-day period.
6. [When a contract to lease a new vehicle is entered into, the department shall furnish a special permit to the long-term lessor to enable the long-term lessee to operate the vehicle for not more than 20 days.] Upon executing all documents necessary to complete the lease of the vehicle, the long-term lessor shall [:
(a) Remove the special permit; and
(b) Execute] execute thelong-term lessor’s report of lease and furnish a copy of the report [and a temporary placard] to the long-term lessee[as required by this section.] not less than 10 days before the expiration of the temporary placard.
Sec. 7. NRS 482.424 is hereby amended to read as follows:
482.424 1. When a used or rebuilt vehicle is sold in this state to any person, except a licensed dealer, by a dealer, rebuilder, long-term lessor or short-term lessor, the seller shall complete and execute a dealer’s or rebuilder’s report of sale. The dealer’s or rebuilder’s report of sale must be in a form prescribed by the department and must include:
(a) A description of the vehicle, including whether it is a rebuilt vehicle;
(b) The name and address of the seller; and
(c) The name and address of the buyer.
2. If a security interest exists at the time of the sale, or if in connection with the sale a security interest is taken or retained by the seller to secure all or part of the purchase price, or a security interest is taken by a person who gives value to enable the buyer to acquire rights in the vehicle, the name and address of the secured party must be entered on the dealer’s or rebuilder’s report of sale.
3. Unless an extension of time is granted by the department, the seller shall:
(a) Collect the fee set forth in NRS 482.429 for a certificate of title for a vehicle registered in this state; and
(b) Submit the original of the dealer’s or rebuilder’s report of sale and remit the fee collected pursuant to this subsection for the certificate of title to the department within 30 days after the execution of the dealer’s or rebuilder’s report of sale, together with the properly endorsed certificate of title or certificate of ownership previously issued for the vehicle . [; and
(c) Furnish to the buyer:
(1) One copy of the dealer’s or rebuilder’s report of sale; and
(2) A temporary placard for use in place of a license plate. The temporary placard must be in a form prescribed by the department, be made of a material appropriate for use on the exterior of a vehicle and contain the date of expiration of the dealer’s or rebuilder’s report of sale in a size consistent with the unique numbers and letters of a license plate.
4. One copy of the dealer’s or rebuilder’s report of sale must be affixed to the front right windshield of the vehicle, and the temporary placard must be affixed to the rear of the vehicle in place of a license plate.]
4. Upon entering into a contract for the sale of a used or rebuilt vehicle, the seller shall affix a temporary placard to the rear of the vehicle. Only one temporary placard may be issued for the vehicle. The temporary placard must:
(a) Be in a form prescribed by the department;
(b) Be made of a material appropriate for use on the exterior of a vehicle;
(c) Be free from foreign materials and clearly visible from the rear of the vehicle; and
(d) Include the date of its expiration.
5. Compliance with the requirements of subsection 4 permits the vehicle to be operated for not more than [10 days.] 30 days after the execution of the contract. Upon the issuance of the certificate of registration and license plates for the vehicle or the expiration of [10 days after the sale,] the temporary placard, whichever occurs first, the buyer shall remove the [copy of the dealer’s or rebuilder’s report of sale from the windshield of the vehicle and the] temporary placard from the rear of the vehicle.
6. For the purposes of establishing compliance with the period required by paragraph (b) of subsection 3, the department shall use the date imprinted or otherwise indicated on the dealer’s or rebuilder’s report of sale as the beginning date of the 30-day period.
7. [The department shall furnish a special permit which may be used when a contract of sale is made, to enable the buyer to operate the vehicle purchased by him for not more than 20 days.] Upon executing all documents necessary to complete the sale of the vehicle, the [dealer shall:
(a) Remove the special permit ; and
(b) Execute] seller shall execute the dealer’s or rebuilder’s report of sale and furnish a copy of the report [and a temporary placard] to the buyer[as required by this section.] not less than 10 days before the expiration of the temporary placard.
Sec. 8. NRS 482.4245 is hereby amended to read as follows:
482.4245 1. If a used or rebuilt vehicle is leased in this state by a long-term lessor, the long-term lessor shall complete and execute a long-term lessor’s report of lease. Such a report must be in a form prescribed by the department and must include:
(a) A description of the vehicle;
(b) An indication as to whether the vehicle is a rebuilt vehicle; and
(c) The names and addresses of the long-term lessor, long-term lessee and any person having a security interest in the vehicle.
2. Unless an extension of time is granted by the department, the long-term lessor shall [:
(a) Submit] submit the original of the long-term lessor’s report of lease to the department within 30 days after the execution of the long-term lessor’s report of lease, together with the properly endorsed certificate of title or certificate of ownership previously issued for the vehicle . [; and
(b) Furnish to the long-term lessee:
(1) One copy of the long-term lessor’s report of lease; and
(2) A temporary placard for use in place of a license plate. The temporary placard must be in a form prescribed by the department, be made of a material appropriate for use on the exterior of a vehicle and contain the date of expiration of the long-term lessor’s report of lease in a size consistent with the unique numbers and letters of a license plate.
3. The long-term lessor shall affix one copy of the report to the right front windshield of the vehicle and the temporary placard to the rear of the vehicle in place of a license plate.]
3. Upon entering into a lease for a used or rebuilt vehicle, the seller shall affix a temporary placard to the rear of the vehicle. Only one temporary placard may be issued for the vehicle. The temporary placard must:
(a) Be in a form prescribed by the department;
(b) Be made of a material appropriate for use on the exterior of a vehicle;
(c) Be free from foreign materials and clearly visible from the rear of the vehicle; and
(d) Include the date of its expiration.
4. Compliance with the requirements of subsection 3 permits the vehicle to be operated for a period not to exceed [10 days.] 30 days after the execution of the lease. Upon issuance of the certificate of registration and license plates for the vehicle or the expiration of [10 days after the lease,] the temporary placard, whichever occurs first, the long-term lessee shall remove the [copy of the long-term lessor’s report of lease from the windshield of the vehicle and the] temporary placard from the rear of the vehicle.
5. For the purposes of establishing compliance with the period required by [paragraph (a) of] subsection 2, the department shall use the date imprinted or otherwise indicated on the long-term lessor’s report of lease as the beginning date of the 30-day period.
6. [When a contract to lease a used or rebuilt vehicle is entered into, the department shall furnish a special permit to the long-term lessor to enable the long-term lessee to operate the vehicle for not more than 20 days.] Upon executing all documents necessary to complete the lease of the vehicle, the long-term lessor shall [:
(a) Remove the special permit; and
(b) Execute] execute the long-term lessor’s report of lease and furnish a copy of the report [and a temporary placard] to the long-term lessee [as required by this section.] not less than 10 days before the expiration of the temporary placard.”.
Amend sec. 4, page 6, line 37, by deleting:
“5 and 6” and inserting:
“10 and 11”.
Amend sec. 11, page 9, line 19, by deleting “6” and inserting “11”.
Amend sec. 11, page 9, line 25, by deleting “6” and inserting “11”.
Amend the bill as a whole by renumbering sections 12 and 13 as sections 19 and 20 and adding new sections designated sections 17 and 18, following sec. 11, to read as follows:
“Sec. 17. NRS 485.187 is hereby amended to read as follows:
485.187 1. Except as otherwise provided in subsection 5, the owner of a motor vehicle shall not:
(a) Operate the motor vehicle, if it is registered or required to be registered in this state, without having insurance as required by NRS 485.185.
(b) Operate or knowingly permit the operation of the motor vehicle without having evidence of insurance of the operator or the vehicle in the vehicle.
(c) Fail or refuse to surrender, upon demand, to a peace officer or to an authorized representative of the department the evidence of insurance.
(d) Knowingly permit the operation of the motor vehicle in violation of subsection 3 of NRS 485.186.
2. A person shall not operate the motor vehicle of another person unless:
(a) He first ensures that the required evidence of insurance is present in the motor vehicle; or
(b) He has his own evidence of insurance which covers him as the operator of the motor vehicle.
3. Except as otherwise provided in subsection 4, any person who violates subsection 1 or 2 is guilty of a misdemeanor. Except as otherwise provided in this subsection, in addition to any other penalty, a person sentenced pursuant to this subsection shall be punished by a fine of not less than $600 nor more than $1,000 for each violation. The fine must be reduced to $100 for the first violation if the person obtains a motor vehicle liability policy by the time of sentencing, unless:
(a) The person has registered the vehicle as part of a fleet of vehicles pursuant to subsection 5 of NRS 482.215; or
(b) The person has been issued a certificate of self-insurance pursuant to NRS 485.380.
4. A court:
(a) Shall not find a person guilty or fine a person for a violation of paragraph (a), (b) or (c) of subsection 1 or for a violation of subsection 2 if he presents evidence to the court that the insurance required by NRS 485.185 was in effect at the time demand was made for it.
(b) Except as otherwise provided in paragraph (a), may impose a fine of not more than $1,000 for a violation of paragraph (a), (b) or (c) of subsection 1, and suspend the balance of the fine on the condition that the person presents proof to the court each month for 12 months that the insurance required by NRS 485.185 is currently in effect.
5. The provisions of paragraphs (b) and (c) of subsection 1 do not apply if the motor vehicle in question displays a valid permit issued by the department pursuant to subsection 1 or 2 of NRS 482.3955, or NRS 482.396 [, 482.3965, 482.423 or 482.424] or 482.3965 authorizing the movement or operation of that vehicle within the state for a limited time.
Sec. 18. Section 70 of Senate Bill No. 59 of this session is hereby amended to read as follows:
Sec. 70. NRS 482.400 is hereby amended to read as follows:
482.400 1. Except as otherwise provided in this subsection and subsections 2, 5 and 6, upon a transfer of the title to, or the interest of an owner in, a vehicle registered or issued a certificate of ownership under the provisions of this chapter, the person or persons whose title or interest is to be transferred and the transferee shall write their signatures with pen and ink upon the certificate of ownership issued for the vehicle, together with the residence address of the transferee, in the appropriate spaces provided upon the reverse side of the certificate. The department may, by regulation, prescribe alternative methods by which a signature may be affixed upon a manufacturer’s certificate of origin or a manufacturer’s statement of origin issued for a vehicle. The alternative methods must ensure the authenticity of the signatures.
2. The department shall provide a form for use by a dealer for the transfer of ownership of a vehicle. The form must be produced in a manner which ensures that the form may not be easily counterfeited. Upon the attachment of the form to a certificate of ownership issued for a vehicle, the form becomes a part of that certificate of ownership. The department may charge a fee not to exceed the cost to provide the form.
3. Except as otherwise provided in subsections 4, 5 and 6, the transferee shall immediately apply for registration as provided in NRS 482.215, and shall pay the [privilege] governmental services taxes due.
4. If the transferee is a dealer who intends to resell the vehicle, he is not required to register, pay a transfer or registration fee for, or pay a [privilege] governmental services tax on the vehicle. When the vehicle is resold, the purchaser shall apply for registration as provided in NRS 482.215, and shall pay the [privilege] governmental services taxes due.
5. If the transferee consigns the vehicle to a wholesale vehicle auctioneer:
(a) The transferee shall, within 30 days after that consignment, provide the wholesale vehicle auctioneer with the certificate of ownership for the vehicle, executed as required by subsection 1, and any other documents necessary to obtain another certificate of ownership for the vehicle.
(b) The wholesale vehicle auctioneer shall be deemed a transferee of the vehicle for the purposes of subsection 4. The wholesale vehicle auctioneer is not required to comply with subsection 1 if he:
(1) Does not take an ownership interest in the vehicle;
(2) Auctions the vehicle to a vehicle dealer or automobile wrecker who is licensed as such in this or any other state; and
(3) Stamps his name, his identification number as a vehicle dealer and the date of the auction on the certificate of ownership and the bill of sale and any other documents of transfer for the vehicle.
6. A charitable organization which intends to sell a vehicle which has been donated to the organization must deliver immediately to the department or its agent the certificate of registration and the license plate or plates for the vehicle, if the license plate or plates have not been removed from the vehicle. The charitable organization must not be required to register, pay a transfer or registration fee for, or pay a [privilege] governmental services tax on the vehicle. When the vehicle is sold by the charitable organization, the purchaser shall apply for registration as provided in NRS 482.215 and pay the [privilege] governmental services taxes due.
7. As used in this section, “wholesale vehicle auctioneer” means a dealer who:
(a) Is engaged in the business of auctioning consigned motor vehicles to vehicle dealers or automobile wreckers, or both, who are licensed as such in this or any other state; and
(b) Does not in the ordinary course of his business buy, sell or own the vehicles he auctions.”.
Amend the title of the bill, fourth line, after “vehicle;” by inserting:
“revising the provisions relating to temporary placards issued upon the sale or lease of motor vehicles; abolishing special permits issued upon the sale or lease of motor vehicles;”.