Assembly Bill No. 178–Committee on Transportation

 

(On Behalf of the Department of Motor Vehicles)

 

February 21, 2003

____________

 

Referred to Committee on Transportation

 

SUMMARY—Makes various changes concerning registration and titling of motor vehicles and records of Department of Motor Vehicles. (BDR 43‑ 473)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to motor vehicles; requiring the Director of the Department of Motor Vehicles to ensure that certain documents submitted to, issued by or retained by the Department contain the full legal name of the relevant person; providing that the document setting forth indicia of the ownership of a motor vehicle shall be known as a “certificate of title”; making various other changes relating to the operations of the Department; 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 481 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  1.  Except as otherwise provided in subsection 2, the Director

1-4  shall ensure that whenever a document is required by law to

1-5  include the name of a person, the document sets forth the full

1-6  legal name of that person.

1-7  2.  The provisions of this section do not require the Director to

1-8  alter, amend or otherwise change any documents that were created

1-9  before October 1, 2003.

2-1  3.  The Director may take any action he deems reasonable to

2-2  facilitate achieving uniformity in the manner in which the

2-3  documents and records of the Department refer to a particular

2-4  person by name.

2-5  4.  As used in this section:

2-6  (a) “Certificate of registration” means the certificate described

2-7  in subsection 1 of NRS 482.245.

2-8  (b) “Document” means any:

2-9       (1) Application or record that a person is required to file

2-10  with or submit to the Department;

2-11          (2) Card, certificate or license that the Department issues to

2-12  a person; and

2-13          (3) Record that the Department is required to keep or

2-14  maintain.

2-15  The term includes, without limitation, a certificate of registration,

2-16  certificate of title, driver’s license and identification card, and an

2-17  application or record pertaining to any such certificate, license or

2-18  card.

2-19      Sec. 2.  NRS 481.015 is hereby amended to read as follows:

2-20      481.015  1.  Except as otherwise provided in this subsection,

2-21  as used in this title, unless the context otherwise requires,

2-22  “certificate of title” means the document issued by the Department

2-23  that identifies the legal owner of a vehicle and contains the

2-24  information required pursuant to subsection 2 of NRS 482.245.

2-25  The definition set forth in this subsection does not apply to

2-26  chapters 488 and 489 of NRS.

2-27      2.  Except as otherwise provided in chapters 480 and 486A of

2-28  NRS, as used in this title, unless the context otherwise requires:

2-29      [1.] (a) “Department” means the Department of Motor Vehicles.

2-30      [2.] (b) “Director” means the Director of the Department of

2-31  Motor Vehicles.

2-32      Sec. 3.  NRS 481.063 is hereby amended to read as follows:

2-33      481.063  1.  The Director may charge and collect reasonable

2-34  fees for official publications of the Department and from persons

2-35  making use of files and records of the Department or its various

2-36  divisions for a private purpose. All money so collected must be

2-37  deposited in the State Treasury for credit to the Motor Vehicle Fund.

2-38      2.  Except as otherwise provided in subsection 5, the Director

2-39  may release personal information, except a photograph, from a file

2-40  or record relating to the driver’s license, identification card, or title

2-41  or registration of a vehicle of a person if the requester submits a

2-42  written release from the person who holds a lien on the vehicle, or

2-43  an agent of that person, or the person about whom the information is

2-44  requested which is dated not more than 90 days before the date of

3-1  the request. The written release must be in a form required by the

3-2  Director.

3-3  3.  Except as otherwise provided in subsection 2, the Director

3-4  shall not release to any person who is not a representative of the

3-5  Welfare Division of the Department of Human Resources or an

3-6  officer, employee or agent of a law enforcement agency, an agent of

3-7  the public defender’s office or an agency of a local government

3-8  which collects fines imposed for parking violations, who is not

3-9  conducting an investigation pursuant to NRS 253.0415, 253.044 or

3-10  253.220, who is not authorized to transact insurance pursuant to

3-11  chapter 680A of NRS or who is not licensed as a private investigator

3-12  pursuant to chapter 648 of NRS and conducting an investigation of

3-13  an insurance claim:

3-14      (a) A list which includes license plate numbers combined with

3-15  any other information in the records or files of the Department;

3-16      (b) The social security number of any person, if it is requested to

3-17  facilitate the solicitation of that person to purchase a product or

3-18  service; or

3-19      (c) The name, address, telephone number or any other

3-20  personally identifiable information if the information is requested by

3-21  the presentation of a license plate number.

3-22  When such personally identifiable information is requested of a law

3-23  enforcement agency by the presentation of a license plate number,

3-24  the law enforcement agency shall conduct an investigation regarding

3-25  the person about whom information is being requested or, as soon as

3-26  practicable, provide the requester with the requested information if

3-27  the requester officially reports that the motor vehicle bearing that

3-28  license plate was used in a violation of NRS 205.240, 205.345,

3-29  205.380 or 205.445.

3-30      4.  Except as otherwise provided in subsections 2 and 5, the

3-31  Director shall not release any personal information from a file or

3-32  record relating to a driver’s license, identification card, or title or

3-33  registration of a vehicle.

3-34      5.  Except as otherwise provided in paragraph (a) and

3-35  subsection 6, if a person or governmental entity provides a

3-36  description of the information requested and its proposed use and

3-37  signs an affidavit to that effect, the Director may release any

3-38  personal information , except a photograph, from a file or record

3-39  relating to a driver’s license, identification card, or title or

3-40  registration of a vehicle for use:

3-41      (a) By any governmental entity, including, but not limited to,

3-42  any court or law enforcement agency, in carrying out its functions,

3-43  or any person acting on behalf of a federal, state or local

3-44  governmental agency in carrying out its functions. The personal

3-45  information may include a photograph from a file or record relating

4-1  to a driver’s license, identification card, or title or registration of a

4-2  vehicle.

4-3  (b) In connection with any civil, criminal, administrative or

4-4  arbitration proceeding before any federal or state court, regulatory

4-5  body, board, commission or agency, including, but not limited to,

4-6  use for service of process, investigation in anticipation of litigation,

4-7  and execution or enforcement of judgments and orders, or pursuant

4-8  to an order of a federal or state court.

4-9  (c) In connection with matters relating to:

4-10          (1) The safety of drivers of motor vehicles;

4-11          (2) Safety and thefts of motor vehicles;

4-12          (3) Emissions from motor vehicles;

4-13          (4) Alterations of products related to motor vehicles;

4-14          (5) An advisory notice relating to a motor vehicle or the

4-15  recall of a motor vehicle;

4-16          (6) Monitoring the performance of motor vehicles;

4-17          (7) Parts or accessories of motor vehicles;

4-18          (8) Dealers of motor vehicles; or

4-19          (9) Removal of nonowner records from the original records

4-20  of motor vehicle manufacturers.

4-21      (d) By any insurer, self-insurer or organization that provides

4-22  assistance or support to an insurer or self-insurer or its agents,

4-23  employees or contractors, in connection with activities relating to

4-24  the rating, underwriting or investigation of claims or the prevention

4-25  of fraud.

4-26      (e) In providing notice to the owners of vehicles that have been

4-27  towed, repossessed or impounded.

4-28      (f) By an employer or its agent or insurer to obtain or verify

4-29  information relating to a holder of a commercial driver’s license

4-30  who is employed by or has applied for employment with the

4-31  employer.

4-32      (g) By a private investigator, private patrolman or security

4-33  consultant who is licensed pursuant to chapter 648 of NRS, for any

4-34  use permitted pursuant to this section.

4-35      (h) By a reporter or editorial employee who is employed by or

4-36  affiliated with any newspaper, press association or commercially

4-37  operated, federally licensed radio or television station for a

4-38  journalistic purpose. The Department may not make any inquiries

4-39  regarding the use of or reason for the information requested other

4-40  than whether the information will be used for a journalistic purpose.

4-41      (i) In connection with an investigation conducted pursuant to

4-42  NRS 253.0415, 253.044 or 253.220.

4-43      (j) In activities relating to research and the production of

4-44  statistical reports, if the personal information will not be published

4-45  or otherwise redisclosed, or used to contact any person.

5-1  (k) In the bulk distribution of surveys, marketing material or

5-2  solicitations, if the Director has adopted policies and procedures to

5-3  ensure that:

5-4       (1) The information will be used or sold only for use in the

5-5  bulk distribution of surveys, marketing material or solicitations;

5-6       (2) Each person about whom the information is requested has

5-7  clearly been provided with an opportunity to authorize such a use;

5-8  and

5-9       (3) If the person about whom the information is requested

5-10  does not authorize such a use, the bulk distribution will not be

5-11  directed toward that person.

5-12      6.  Except as otherwise provided in paragraph (j) of

5-13  subsection 5, a person who requests and receives personal

5-14  information may sell or disclose that information only for a use

5-15  permitted pursuant to subsection 5. Such a person shall keep and

5-16  maintain for 5 years a record of:

5-17      (a) Each person to whom the information is provided; and

5-18      (b) The purpose for which that person will use the

5-19  information.

5-20  The record must be made available for examination by the

5-21  Department at all reasonable times upon request.

5-22      7.  Except as otherwise provided in subsection 2, the Director

5-23  may deny any use of the files and records if he reasonably believes

5-24  that the information taken may be used for an unwarranted invasion

5-25  of a particular person’s privacy.

5-26      8.  Except as otherwise provided in NRS 485.316, the Director

5-27  shall not allow any person to make use of information retrieved

5-28  from the database created pursuant to NRS 485.313 for a private

5-29  purpose and shall not in any other way release any information

5-30  retrieved from that database.

5-31      9.  The Director shall adopt such regulations as he deems

5-32  necessary to carry out the purposes of this section. In addition, the

5-33  Director shall, by regulation, establish a procedure whereby a person

5-34  who is requesting personal information may establish an account

5-35  with the Department to facilitate his ability to request information

5-36  electronically or by written request if he has submitted to the

5-37  Department proof of his employment or licensure, as applicable, and

5-38  a signed and notarized affidavit acknowledging:

5-39      (a) That he has read and fully understands the current laws and

5-40  regulations regarding the manner in which information from the

5-41  Department’s files and records may be obtained and the limited uses

5-42  which are permitted;

5-43      (b) That he understands that any sale or disclosure of

5-44  information so obtained must be in accordance with the provisions

5-45  of this section;

6-1  (c) That he understands that a record will be maintained by the

6-2  Department of any information he requests; and

6-3  (d) That he understands that a violation of the provisions of this

6-4  section is a criminal offense.

6-5  10.  It is unlawful for any person to:

6-6  (a) Make a false representation to obtain any information from

6-7  the files or records of the Department.

6-8  (b) Knowingly obtain or disclose any information from the files

6-9  or records of the Department for any use not permitted by the

6-10  provisions of this chapter.

6-11      11.  As used in this section, “personal information” means

6-12  information that reveals the identity of a person, including, without

6-13  limitation, his photograph, social security number, driver’s license

6-14  number, identification card number, name, address, telephone

6-15  number or information regarding a medical condition or disability.

6-16  The term does not include the zip code of a person when separate

6-17  from his full address, information regarding vehicular accidents or

6-18  driving violations in which he has been involved or other

6-19  information otherwise affecting his status as a driver.

6-20      Sec. 4.  NRS 482.085 is hereby amended to read as follows:

6-21      482.085  “Owner” means a person who holds the legal title of a

6-22  vehicle and whose name appears on the certificate of [ownership,]

6-23  title, and any lienholder whose name appears on the certificate of

6-24  [ownership.] title. If a vehicle is the subject of an agreement for the

6-25  conditional sale or lease thereof with or without the right of

6-26  purchase upon performance of the conditions stated in the

6-27  agreement and with an immediate right of possession vested in the

6-28  conditional vendee or lessee, or if a mortgagor of a vehicle is

6-29  entitled to possession, then the conditional vendee or lessee or

6-30  mortgagor shall be deemed the owner for the purpose of this

6-31  chapter.

6-32      Sec. 5.  NRS 482.173 is hereby amended to read as follows:

6-33      482.173  1.  Notwithstanding the provisions of any schedule

6-34  for the retention and disposition of official state records to the

6-35  contrary, the Director shall ensure that the Department retains

6-36  the originals of:

6-37      (a) Certificates of [ownership] title that are submitted to the

6-38  Department for the registration of a vehicle which has been sold or

6-39  transferred; and

6-40      (b) Forms for a power of attorney that are submitted to the

6-41  Department pursuant to subsection 2 of NRS 482.415,

6-42  for at least 1 year after the date on which such documents are

6-43  received by the Department.

6-44      2.  Notwithstanding the provisions of NRS 239.080, the

6-45  Director may order the destruction of certificates of [ownership] title

7-1  and forms for a power of attorney which are retained pursuant to

7-2  subsection 1 after the expiration of the 1‑year period set forth in that

7-3  subsection.

7-4  3.  The Department shall keep a record showing when

7-5  certificates of [ownership] title and forms for a power of attorney

7-6  are destroyed.

7-7  Sec. 6.  NRS 482.188 is hereby amended to read as follows:

7-8  482.188  1.  The Department may waive payment of a penalty

7-9  or interest for a person’s failure timely to file a return or pay a tax ,

7-10  penalty or fee imposed by the Department pursuant to this chapter

7-11  or any other provision of law, if the Department determines that the

7-12  failure:

7-13      (a) Was caused by circumstances beyond the person’s control;

7-14      (b) Occurred despite the person’s exercise of ordinary care; and

7-15      (c) Was not a result of the person’s willful neglect.

7-16      2.  A person requesting relief from payment of a penalty or

7-17  interest must file with the Department a sworn statement specifying

7-18  the facts supporting his claim for relief.

7-19      Sec. 7.  NRS 482.235 is hereby amended to read as follows:

7-20      482.235  1.  The Department shall file each application

7-21  received and register the vehicle therein described and the owner

7-22  thereof in suitable books or on index cards as follows:

7-23      (a) Under a distinctive registration number assigned to the

7-24  vehicle and to the owner thereof, referred to in this chapter as the

7-25  registration number.

7-26      (b) Alphabetically under the [legal] name of the owner.

7-27      (c) Numerically under the serial or vehicle identification number

7-28  of the vehicle or a permanent identifying number, as may be

7-29  determined by the Department.

7-30      2.  A registered dealer who registers a vehicle shall assign a

7-31  registration number for that vehicle according to a list of registration

7-32  numbers issued by the Department for use by that dealer.

7-33      Sec. 8.  NRS 482.240 is hereby amended to read as follows:

7-34      482.240  1.  Upon [a] the registration of a vehicle, the

7-35  Department or a registered dealer shall issue a certificate of

7-36  registration to the owner.

7-37      2.  When an applicant for registration or transfer of registration

7-38  is unable, for any reason, to submit to the Department in support of

7-39  the application for registration, or transfer of registration, such

7-40  documentary evidence of legal ownership as, in the opinion of the

7-41  Department, is sufficient to establish the legal ownership of the

7-42  vehicle concerned in the application for registration or transfer of

7-43  registration, the Department may issue to the applicant only a

7-44  certificate of registration.

8-1  3.  The Department may, upon proof of ownership satisfactory

8-2  to it, issue a certificate of [ownership] title before the registration of

8-3  the vehicle concerned. The certificate of registration issued pursuant

8-4  to this chapter is valid only during the registration period or calendar

8-5  year for which it is issued, and a certificate of [ownership] title is

8-6  valid until canceled by the Department upon the transfer of interest

8-7  therein.

8-8  Sec. 9.  NRS 482.245 is hereby amended to read as follows:

8-9  482.245  1.  The certificate of registration must contain upon

8-10  the face thereof the date issued, the registration number assigned to

8-11  the vehicle, the legal name and address of the registered owner, the

8-12  county where the vehicle is to be based unless it is deemed to have

8-13  no base, a description of the registered vehicle and such other

8-14  statement of facts as may be determined by the Department.

8-15      2.  The certificate of [ownership] title must contain upon the

8-16  face thereof the date issued, the name and address of the registered

8-17  owner and the owner or lienholder, if any, a description of the

8-18  vehicle, any entries required by NRS 482.423 to 482.428, inclusive,

8-19  a reading of the vehicle’s odometer as provided to the Department

8-20  by the person making the sale or transfer, the word “rebuilt” if it is a

8-21  rebuilt vehicle[,] and such other statement of facts as may be

8-22  determined by the Department. The reverse side of the certificate of

8-23  [ownership] title must contain forms for notice to the Department of

8-24  a transfer of the title or interest of the owner or lienholder and

8-25  application for registration by the transferee. If a new certificate of

8-26  [ownership] title is issued for a vehicle, it must contain the same

8-27  information as the replaced certificate, except to the extent that the

8-28  information has changed after the issuance of the replaced

8-29  certificate. Except as otherwise required by federal law, the

8-30  certificate of [ownership] title of a vehicle which the Department

8-31  knows to have been stolen must not contain any statement or other

8-32  indication that the mileage specified in the certificate or registered

8-33  on the odometer is anything other than the actual mileage traveled

8-34  by the vehicle, in the absence of proof that the odometer of the

8-35  vehicle has been disconnected, reset or altered.

8-36      Sec. 10.  NRS 482.245 is hereby amended to read as follows:

8-37      482.245  1.  The certificate of registration must contain upon

8-38  the face thereof the date issued, the registration number assigned to

8-39  the vehicle, the [legal] name and address of the registered owner, the

8-40  county where the vehicle is to be based unless it is deemed to have

8-41  no base, a description of the registered vehicle and such other

8-42  statement of facts as may be determined by the Department.

8-43      2.  The certificate of title must contain upon the face thereof the

8-44  date issued, the name and address of the registered owner and the

8-45  owner or lienholder, if any, a description of the vehicle, any entries

9-1  required by NRS 482.423 to 482.428, inclusive, a reading of the

9-2  vehicle’s odometer as provided to the Department by the person

9-3  making the sale or transfer, the word “rebuilt” if it is a rebuilt

9-4  vehicle and such other statement of facts as may be determined by

9-5  the Department. The reverse side of the certificate of title must

9-6  contain forms for notice to the Department of a transfer of the title

9-7  or interest of the owner or lienholder and application for registration

9-8  by the transferee. If a new certificate of title is issued for a vehicle,

9-9  it must contain the same information as the replaced certificate,

9-10  except to the extent that the information has changed after the

9-11  issuance of the replaced certificate. Except as otherwise required by

9-12  federal law, the certificate of title of a vehicle which the Department

9-13  knows to have been stolen must not contain any statement or other

9-14  indication that the mileage specified in the certificate or registered

9-15  on the odometer is anything other than the actual mileage traveled

9-16  by the vehicle, in the absence of proof that the odometer of the

9-17  vehicle has been disconnected, reset or altered.

9-18      Sec. 11.  NRS 482.260 is hereby amended to read as follows:

9-19      482.260  1.  When registering a vehicle, the Department and

9-20  its agents or a registered dealer shall:

9-21      (a) Collect the fees for license plates and registration as

9-22  provided for in this chapter.

9-23      (b) Collect the governmental services tax on the vehicle, as

9-24  agent for the county where the applicant intends to base the vehicle

9-25  for the period of registration, unless the vehicle is deemed to have

9-26  no base.

9-27      (c) Collect the applicable taxes imposed pursuant to chapters

9-28  372, 374, 377 and 377A of NRS.

9-29      (d) Issue a certificate of registration.

9-30      (e) If the registration is performed by the Department, issue the

9-31  regular license plate or plates.

9-32      (f) If the registration is performed by a registered dealer, provide

9-33  information to the owner regarding the manner in which the regular

9-34  license plate or plates will be made available to him.

9-35      2.  Upon proof of ownership satisfactory to the Director, he

9-36  shall cause to be issued a certificate of [ownership] title as provided

9-37  in this chapter.

9-38      3.  Every vehicle being registered for the first time in Nevada

9-39  must be taxed for the purposes of the governmental services tax for

9-40  a 12‑month period.

9-41      4.  The Department shall deduct and withhold 2 percent of the

9-42  taxes collected pursuant to paragraph (c) of subsection 1 and remit

9-43  the remainder to the Department of Taxation.

9-44      5.  A registered dealer shall forward all fees and taxes collected

9-45  for the registration of vehicles to the Department.

10-1      Sec. 12.  NRS 482.272 is hereby amended to read as follows:

10-2      482.272  [1.] Each license plate for a motorcycle [shall

10-3  contain five] may contain up to six characters, including numbers

10-4  and [no] letters. Only one plate [shall] may be issued for a

10-5  motorcycle.

10-6      [2.  Motorcycle license plates shall be issued in consecutive

10-7  numerical order for statewide distribution.

10-8      3.  In the event the Department exhausts the license plate code

10-9  of subsection 1, the Department may substitute letters in

10-10  combination with numbers to expand the code for motorcycle

10-11  license plates.]

10-12     Sec. 13.  NRS 482.292 is hereby amended to read as follows:

10-13     482.292  As used in this section and NRS 482.293 and 482.294,

10-14  unless the context otherwise requires, “document” means an

10-15  application, notice, report, statement or other record relating to the

10-16  issuance or renewal of a certificate of registration, or the issuance of

10-17  a certificate of [ownership] title pursuant to this chapter by financial

10-18  institutions, new vehicle dealers and used vehicle dealers on behalf

10-19  of their customers.

10-20     Sec. 14.  NRS 482.293 is hereby amended to read as follows:

10-21     482.293  1.  The Department may establish a program for the

10-22  electronic submission and storage of documents.

10-23     2.  If the Department establishes a program pursuant to

10-24  subsection 1:

10-25     (a) An electronic submission or storage of documents that is

10-26  carried out pursuant to the program with respect to a particular

10-27  transaction is not valid unless all original documents required for the

10-28  transaction pursuant to:

10-29         (1) The provisions of 49 U.S.C. §§ 32701 et seq.; and

10-30         (2) The provisions of any regulations adopted pursuant

10-31  thereto,

10-32  have been executed and submitted to the Department.

10-33     (b) The Department shall adopt regulations to carry out the

10-34  program.

10-35     3.  The regulations required to be adopted pursuant to paragraph

10-36  (b) of subsection 2 must include, without limitation:

10-37     (a) The type of electronic transmission that the Department will

10-38  accept for the program.

10-39     (b) The process for submission of an application by a person

10-40  who desires to participate in the program and the fee, if any, that

10-41  must accompany the application for participation.

10-42     (c) The criteria that will be applied by the Department in

10-43  determining whether to approve an application to participate in the

10-44  program.

11-1      (d) The standards for ensuring the security and integrity of the

11-2  process for issuance and renewal of a certificate of registration[,]

11-3  and a certificate of [ownership and certificate of] title, including,

11-4  without limitation, the procedure for a financial and performance

11-5  audit of the program.

11-6      (e) The terms and conditions for participation in the program

11-7  and any restrictions on the participation.

11-8      (f) The contents of a written agreement that must be on file with

11-9  the Department pursuant to subsection 2 of NRS 482.294 before a

11-10  participant may submit a document by electronic means to the

11-11  Department. Such a written agreement must include, without

11-12  limitation:

11-13         (1) An assurance that each document submitted by electronic

11-14  means contains all the information that is necessary to complete the

11-15  transaction for which the document is submitted;

11-16         (2) Certification that all the information contained in each

11-17  document that is submitted by electronic means is truthful and

11-18  accurate;

11-19         (3) An assurance that the participant who submits a

11-20  document by electronic means will maintain all information and

11-21  records that are necessary to support the document; and

11-22         (4) The signature of the participant who files the written

11-23  agreement with the Department.

11-24     (g) The conditions under which the Department may revoke the

11-25  approval of a person to participate in the program, including,

11-26  without limitation, failure to comply with this section and NRS

11-27  482.294 and the regulations adopted pursuant thereto.

11-28     (h) The method by which the Department will store documents

11-29  that are submitted to it by electronic means.

11-30     (i) The required technology that is necessary to carry out the

11-31  program.

11-32     (j) Any other regulations that the Department determines

11-33  necessary to carry out the program.

11-34     (k) Procedures to ensure compliance with:

11-35         (1) The provisions of 49 U.S.C. §§ 32701 et seq.; and

11-36         (2) The provisions of any regulations adopted pursuant

11-37  thereto,

11-38  to the extent that such provisions relate to the submission and

11-39  retention of documents used for the transfer of the ownership of

11-40  vehicles.

11-41     4.  The Department may accept gifts and grants from any

11-42  source, including, without limitation, donations of materials,

11-43  equipment and labor, for the establishment and maintenance of a

11-44  program pursuant to this section.

 

12-1      Sec. 15.  NRS 482.294 is hereby amended to read as follows:

12-2      482.294  1.  If the Department approves an application for a

12-3  person to participate in a program established pursuant to NRS

12-4  482.293, that participant may submit, by electronic means, a

12-5  document that is required to be submitted pursuant to this chapter

12-6  for the issuance or renewal of a certificate of registration[,] or a

12-7  certificate of [ownership or certificate of] title.

12-8      2.  If the signature of a natural person is required pursuant to

12-9  this chapter on a document that is submitted by electronic means,

12-10  the Department may waive that requirement if the participant who

12-11  submitted the document on behalf of that person complies with all

12-12  requirements of this program.

12-13     3.  Notwithstanding any other provision of law to the contrary,

12-14  a document that is submitted by electronic means pursuant to

12-15  subsection 1, if accepted by the Department, shall be deemed an

12-16  original document in administrative proceedings, quasi-judicial

12-17  proceedings and judicial proceedings.

12-18     Sec. 16.  NRS 482.3255 is hereby amended to read as follows:

12-19     482.3255  Evidence of unfitness of an applicant or a licensee

12-20  for purposes of denial or revocation of a license may consist of , but

12-21  is not limited to:

12-22     1.  Failure to discharge a lienholder on a vehicle within 30 days

12-23  after it is traded to his dealership.

12-24     2.  Being the former holder of[,] or being a partner, officer,

12-25  director, owner or manager involved in management decisions of a

12-26  dealership which held a license issued pursuant to NRS 482.325

12-27  which was revoked for cause and never reissued or was suspended

12-28  upon terms which were never fulfilled.

12-29     3.  Defrauding or attempting to defraud the State or a political

12-30  subdivision of any taxes or fees in connection with the sale or

12-31  transfer of a vehicle.

12-32     4.  Forging the signature of the registered or legal owner of a

12-33  vehicle on a certificate of title.

12-34     5.  Purchasing, selling, otherwise disposing of or having in his

12-35  possession any vehicle which he knows, or a reasonable person

12-36  should know, is stolen or otherwise illegally appropriated.

12-37     6.  Willfully failing to deliver to a purchaser or his lienholder a

12-38  certificate of [ownership] title to a vehicle he has sold.

12-39     7.  Refusing to allow an agent of the Department to inspect,

12-40  during normal business hours, all books, records and files of the

12-41  dealership which are maintained within the State.

12-42     8.  Any fraud which includes , but is not limited to:

12-43     (a) Misrepresentation in any manner, whether intentional or

12-44  grossly negligent, of a material fact.

12-45     (b) An intentional failure to disclose a material fact.

13-1      9.  Willful failure to comply with any regulation adopted by the

13-2  Department.

13-3      Sec. 17.  NRS 482.400 is hereby amended to read as follows:

13-4      482.400  1.  Except as otherwise provided in this subsection

13-5  and subsections 2, 5 and 6, upon a transfer of the title to, or the

13-6  interest of an owner in, a vehicle registered or issued a certificate of

13-7  [ownership] title under the provisions of this chapter, the person or

13-8  persons whose title or interest is to be transferred and the transferee

13-9  shall write their signatures with pen and ink upon the certificate of

13-10  [ownership] title issued for the vehicle, together with the residence

13-11  address of the transferee, in the appropriate spaces provided upon

13-12  the reverse side of the certificate. The Department may, by

13-13  regulation, prescribe alternative methods by which a signature may

13-14  be affixed upon a manufacturer’s certificate of origin or a

13-15  manufacturer’s statement of origin issued for a vehicle. The

13-16  alternative methods must ensure the authenticity of the signatures.

13-17     2.  The Department shall provide a form for use by a dealer for

13-18  the transfer of ownership of a vehicle. The form must be produced

13-19  in a manner which ensures that the form may not be easily

13-20  counterfeited. Upon the attachment of the form to a certificate of

13-21  [ownership] title issued for a vehicle, the form becomes a part of

13-22  that certificate of [ownership.] title. The Department may charge a

13-23  fee not to exceed the cost to provide the form.

13-24     3.  Except as otherwise provided in subsections 4, 5 and 6, the

13-25  transferee shall immediately apply for registration as provided in

13-26  NRS 482.215[,] and shall pay the governmental services taxes due.

13-27     4.  If the transferee is a dealer who intends to resell the vehicle,

13-28  he is not required to register, pay a transfer or registration fee for, or

13-29  pay a governmental services tax on the vehicle. When the vehicle is

13-30  resold, the purchaser shall apply for registration as provided in NRS

13-31  482.215[,] and shall pay the governmental services taxes due.

13-32     5.  If the transferee consigns the vehicle to a wholesale vehicle

13-33  auctioneer:

13-34     (a) The transferee shall, within 30 days after that consignment,

13-35  provide the wholesale vehicle auctioneer with the certificate of

13-36  [ownership] title for the vehicle, executed as required by subsection

13-37  1, and any other documents necessary to obtain another certificate of

13-38  [ownership] title for the vehicle.

13-39     (b) The wholesale vehicle auctioneer shall be deemed a

13-40  transferee of the vehicle for the purposes of subsection 4. The

13-41  wholesale vehicle auctioneer is not required to comply with

13-42  subsection 1 if he:

13-43         (1) Does not take an ownership interest in the vehicle;

13-44         (2) Auctions the vehicle to a vehicle dealer or automobile

13-45  wrecker who is licensed as such in this or any other state; and

14-1          (3) Stamps his name, his identification number as a vehicle

14-2  dealer and the date of the auction on the certificate of [ownership]

14-3  title and the bill of sale and any other documents of transfer for the

14-4  vehicle.

14-5      6.  A charitable organization which intends to sell a vehicle

14-6  which has been donated to the organization must deliver

14-7  immediately to the Department or its agent the certificate of

14-8  registration and the license plate or plates for the vehicle, if the

14-9  license plate or plates have not been removed from the vehicle. The

14-10  charitable organization must not be required to register, pay a

14-11  transfer or registration fee for, or pay a governmental services tax on

14-12  the vehicle. When the vehicle is sold by the charitable organization,

14-13  the purchaser shall apply for registration as provided in NRS

14-14  482.215 and pay the governmental services taxes due.

14-15     7.  As used in this section, “wholesale vehicle auctioneer”

14-16  means a dealer who:

14-17     (a) Is engaged in the business of auctioning consigned motor

14-18  vehicles to vehicle dealers or automobile wreckers, or both, who are

14-19  licensed as such in this or any other state; and

14-20     (b) Does not in the ordinary course of his business buy, sell or

14-21  own the vehicles he auctions.

14-22     Sec. 18.  NRS 482.415 is hereby amended to read as follows:

14-23     482.415  1.  Whenever application is made to the Department

14-24  for registration of a vehicle previously registered pursuant to this

14-25  chapter and the applicant is unable to present the certificate of

14-26  registration or [ownership] certificate of title previously issued for

14-27  the vehicle because the certificate of registration or [ownership]

14-28  certificate of title is lost, unlawfully detained by one in possession

14-29  or otherwise not available, the Department may receive the

14-30  application, investigate the circumstances of the case and require the

14-31  filing of affidavits or other information. When the Department is

14-32  satisfied that the applicant is entitled to a new [certificates]

14-33  certificate of registration and [ownership,] certificate of title, it may

14-34  register the applicant’s vehicle and issue new certificates and a new

14-35  license plate or plates to the person or persons entitled thereto.

14-36     2.  Whenever application is made to the Department for the

14-37  registration of a motor vehicle of which the:

14-38     (a) Ownership has been transferred;

14-39     (b) Certificate of [ownership] title is lost, unlawfully detained by

14-40  one in possession or otherwise not available; and

14-41     (c) Model year is 9 years old or newer,

14-42  the transferor of the motor vehicle may, [for the purpose of

14-43  furnishing] to furnish any information required by the Department

14-44  to carry out the provisions of NRS 484.60665, designate the

15-1  transferee of the motor vehicle as his attorney in fact on a form for a

15-2  power of attorney provided by the Department.

15-3      3.  The Department shall provide the form described in

15-4  subsection 2. The form must be:

15-5      (a) Produced in a manner that ensures that the form may not be

15-6  easily counterfeited; and

15-7      (b) Substantially similar to the form set forth in Appendix E of

15-8  Part 580 of Title 49 of the Code of Federal Regulations.

15-9      4.  The Department may charge a fee not to exceed 50 cents for

15-10  each form it provides.

15-11     Sec. 19.  NRS 482.424 is hereby amended to read as follows:

15-12     482.424  1.  When a used or rebuilt vehicle is sold in this

15-13  state to any person, except a licensed dealer, by a dealer, rebuilder,

15-14  long-term lessor or short-term lessor, the seller shall complete and

15-15  execute a dealer’s or rebuilder’s report of sale. The dealer’s or

15-16  rebuilder’s report of sale must be in a form prescribed by the

15-17  Department and must include:

15-18     (a) A description of the vehicle, including whether it is a rebuilt

15-19  vehicle;

15-20     (b) The name and address of the seller; and

15-21     (c) The name and address of the buyer.

15-22     2.  If a security interest exists at the time of the sale, or if in

15-23  connection with the sale a security interest is taken or retained by

15-24  the seller to secure all or part of the purchase price, or a security

15-25  interest is taken by a person who gives value to enable the buyer to

15-26  acquire rights in the vehicle, the name and address of the secured

15-27  party must be entered on the dealer’s or rebuilder’s report of sale.

15-28     3.  Unless an extension of time is granted by the Department,

15-29  the seller shall:

15-30     (a) Collect the fee set forth in NRS 482.429 for a certificate of

15-31  title for a vehicle registered in this state; and

15-32     (b) Submit the original of the dealer’s or rebuilder’s report of

15-33  sale and remit the fee collected pursuant to this subsection for the

15-34  certificate of title to the Department within 30 days after the

15-35  execution of the dealer’s or rebuilder’s report of sale, together with

15-36  the properly endorsed certificate of title [or certificate of ownership]

15-37  previously issued for the vehicle.

15-38     4.  Upon entering into a contract for the sale of a used or rebuilt

15-39  vehicle, the seller shall affix a temporary placard to the rear of the

15-40  vehicle. Only one temporary placard may be issued for the vehicle.

15-41  The temporary placard must:

15-42     (a) Be in a form prescribed by the Department;

15-43     (b) Be made of a material appropriate for use on the exterior of a

15-44  vehicle;

16-1      (c) Be free from foreign materials and clearly visible from the

16-2  rear of the vehicle; and

16-3      (d) Include the date of its expiration.

16-4      5.  Compliance with the requirements of subsection 4 permits

16-5  the vehicle to be operated for not more than 30 days after the

16-6  execution of the contract. Upon the issuance of the certificate of

16-7  registration and license plates for the vehicle or the expiration of the

16-8  temporary placard, whichever occurs first, the buyer shall remove

16-9  the temporary placard from the rear of the vehicle.

16-10     6.  [For the purposes of establishing] To establish compliance

16-11  with the period required by paragraph (b) of subsection 3, the

16-12  Department shall use the date imprinted or otherwise indicated on

16-13  the dealer’s or rebuilder’s report of sale as the beginning date of the

16-14  30-day period.

16-15     7.  Upon executing all documents necessary to complete the

16-16  sale of the vehicle, the seller shall execute the dealer’s or rebuilder’s

16-17  report of sale and furnish a copy of the report to the buyer not less

16-18  than 10 days before the expiration of the temporary placard.

16-19     Sec. 20.  NRS 482.4245 is hereby amended to read as follows:

16-20     482.4245  1.  If a used or rebuilt vehicle is leased in this state

16-21  by a long-term lessor, the long-term lessor shall complete and

16-22  execute a long-term lessor’s report of lease. Such a report must be in

16-23  a form prescribed by the Department and must include:

16-24     (a) A description of the vehicle;

16-25     (b) An indication as to whether the vehicle is a rebuilt vehicle;

16-26  and

16-27     (c) The names and addresses of the long-term lessor, long-term

16-28  lessee and any person having a security interest in the vehicle.

16-29     2.  Unless an extension of time is granted by the Department,

16-30  the long-term lessor shall submit the original of the long-term

16-31  lessor’s report of lease to the Department within 30 days after the

16-32  execution of the long-term lessor’s report of lease, together with

16-33  the properly endorsed certificate of title [or certificate of ownership]

16-34  previously issued for the vehicle.

16-35     3.  Upon entering into a lease for a used or rebuilt vehicle, the

16-36  seller shall affix a temporary placard to the rear of the vehicle. Only

16-37  one temporary placard may be issued for the vehicle. The temporary

16-38  placard must:

16-39     (a) Be in a form prescribed by the Department;

16-40     (b) Be made of a material appropriate for use on the exterior of a

16-41  vehicle;

16-42     (c) Be free from foreign materials and clearly visible from the

16-43  rear of the vehicle; and

16-44     (d) Include the date of its expiration.

17-1      4.  Compliance with the requirements of subsection 3 permits

17-2  the vehicle to be operated for a period not to exceed 30 days after

17-3  the execution of the lease. Upon issuance of the certificate of

17-4  registration and license plates for the vehicle or the expiration of the

17-5  temporary placard, whichever occurs first, the long-term lessee shall

17-6  remove the temporary placard from the rear of the vehicle.

17-7      5.  [For the purposes of establishing] To establish compliance

17-8  with the period required by subsection 2, the Department shall use

17-9  the date imprinted or otherwise indicated on the long-term lessor’s

17-10  report of lease as the beginning date of the 30-day period.

17-11     6.  Upon executing all documents necessary to complete the

17-12  lease of the vehicle, the long-term lessor shall execute the long-term

17-13  lessor’s report of lease and furnish a copy of the report to the long-

17-14  term lessee not less than 10 days before the expiration of the

17-15  temporary placard.

17-16     Sec. 21.  NRS 482.426 is hereby amended to read as follows:

17-17     482.426  When a used or rebuilt vehicle is sold in this state by a

17-18  person who is not a dealer or rebuilder, the seller or buyer or both of

17-19  them shall, within 10 days after the sale, submit to the Department:

17-20     1.  If a certificate of [ownership] title has been issued in this

17-21  state, the certificate properly endorsed.

17-22     2.  If a certificate of title or other document of title has been

17-23  issued by a public authority of another state, territory or country:

17-24     (a) The certificate or document properly endorsed; and

17-25     (b) A statement containing, if not included in the endorsed

17-26  certificate or document, the description of the vehicle, including

17-27  whether it is a rebuilt vehicle, the names and addresses of the buyer

17-28  and seller, and the name and address of any person who takes or

17-29  retains a purchase money security interest. Any such statement must

17-30  be signed and acknowledged by the seller and the buyer.

17-31     3.  If no document of title has been issued by any public

17-32  authority, a statement containing all the information and signed and

17-33  acknowledged in the manner required by paragraph (b) of

17-34  subsection 2.

17-35     Sec. 22.  NRS 482.427 is hereby amended to read as follows:

17-36     482.427  1.  Upon receipt of the documents required

17-37  respectively by NRS 482.423, 482.424 and 482.426 to be submitted

17-38  to it, and the payment of all required fees, the Department shall

17-39  issue a certificate of [ownership.] title.

17-40     2.  If no security interest is created or exists in connection with

17-41  the sale, the certificate of [ownership] title must be issued to the

17-42  buyer.

17-43     3.  If a security interest is created by the sale, the certificate of

17-44  [ownership] title must be issued to the secured party or to his

17-45  assignee.

18-1      Sec. 23.  NRS 482.428 is hereby amended to read as follows:

18-2      482.428  1.  Whenever a security interest is created in a motor

18-3  vehicle, other than a security interest required to be entered pursuant

18-4  to NRS 482.423, 482.424 or 482.426, the certificate of [ownership]

18-5  title of the vehicle [shall] must be delivered to the Department with

18-6  a statement signed by the debtor showing the date of the security

18-7  agreement, the name and address of the debtor and the name and

18-8  address of the secured party.

18-9      2.  The Department shall issue and deliver to the secured party a

18-10  certificate of [ownership] title with the name and address of the

18-11  secured party noted thereon.

18-12     Sec. 24.  NRS 482.431 is hereby amended to read as follows:

18-13     482.431  Within 15 days after the terms of the contract or

18-14  security agreement have been fully performed, the seller or other

18-15  secured party who holds a certificate of [ownership] title shall

18-16  deliver the certificate of [ownership] title to the person or persons

18-17  legally entitled thereto, with proper evidence of the termination or

18-18  release of the security interest.

18-19     Sec. 25.  NRS 482.436 is hereby amended to read as follows:

18-20     482.436  Any person is guilty of a gross misdemeanor who

18-21  knowingly:

18-22     1.  Makes any false entry on any certificate of origin or

18-23  certificate of [ownership;] title;

18-24     2.  Furnishes false information to the Department concerning

18-25  any security interest; or

18-26     3.  Fails to submit the original of the dealer’s or rebuilder’s

18-27  report of sale of a used or rebuilt vehicle to the Department within

18-28  the time prescribed in subsection 3 of NRS 482.424.

18-29     Sec. 26.  NRS 482.438 is hereby amended to read as follows:

18-30     482.438  1.  It is unlawful for a dealer or any other person,

18-31  with the intent to defraud, to obtain a duplicate certificate of

18-32  [ownership] title for any vehicle in which he grants a security

18-33  interest to secure a present or future debt, obligation or liability of

18-34  any nature arising from a loan or other extension of credit made in

18-35  connection with the financing of the inventory of the vehicles of the

18-36  dealer, or to engage in any other similar practice commonly known

18-37  as “flooring.”

18-38     2.  A person who violates the provisions of subsection 1 shall

18-39  be punished in accordance with the provisions of NRS 205.380.

18-40     3.  In addition to any penalty imposed pursuant to subsection 2,

18-41  the court shall order the person to pay restitution.

18-42     Sec. 27.  NRS 482.441 is hereby amended to read as follows:

18-43     482.441  The Department may identify trimobiles as such on

18-44  certificates of [ownership] title and registration.

 

19-1      Sec. 28.  NRS 482.465 is hereby amended to read as follows:

19-2      482.465  1.  The Department shall rescind and cancel the

19-3  registration of a vehicle whenever the person to whom the certificate

19-4  of registration or license plates therefor have been issued makes or

19-5  permits to be made any unlawful use of the certificate or plates or

19-6  permits the use thereof by a person not entitled thereto.

19-7      2.  The Department shall cancel a certificate of [ownership] title

19-8  or certificate of registration and license plates which have been

19-9  issued erroneously or improperly, or obtained illegally.

19-10     3.  In addition to any other penalty set forth in this chapter and

19-11  chapters 366 and 706 of NRS, the Department may revoke a

19-12  certificate of [ownership] title or a certificate of registration and

19-13  license plates for a vehicle with a declared gross weight in excess of

19-14  26,000 pounds if the Department determines that:

19-15     (a) The licensee of the vehicle has violated one or more of the

19-16  provisions of this chapter or chapter 366 or 706 of NRS; and

19-17     (b) There is reasonable cause for the revocation.

19-18     4.  Before revoking a certificate of [ownership] title or a

19-19  certificate of registration and license plates pursuant to subsection 3,

19-20  the Department must send a written notice by certified mail to the

19-21  licensee at his last known address ordering him to appear before

19-22  the Department at a time not less than 10 days after the mailing of

19-23  the notice to show cause why the certificate of [ownership] title

19-24  or the certificate of registration and license plates should not be

19-25  revoked pursuant to this section.

19-26     5.  Upon rescission, revocation or cancelation of the certificate

19-27  of [ownership] title or of the certificate of registration and license

19-28  plates, the affected certificate or certificate and plates must be

19-29  returned to the Department upon receipt of notice of rescission,

19-30  revocation or cancelation.

19-31     Sec. 29.  NRS 482.470 is hereby amended to read as follows:

19-32     482.470  1.  If any vehicle is dismantled, junked or rendered

19-33  inoperative and unfit for further use in accordance with the original

19-34  purpose for which it was constructed, the owner shall deliver to the

19-35  Department any certificate of registration and certificate of

19-36  [ownership] title issued by the Department or any other jurisdiction,

19-37  unless the certificate of [ownership] title is required for the

19-38  collection of any insurance or other indemnity for the loss of the

19-39  vehicle, or for transfer in order to dispose of the vehicle.

19-40     2.  Any other person taking possession of a vehicle described in

19-41  subsection 1 shall immediately deliver to the Department any

19-42  license plate or plates, certificate of registration or certificate of

19-43  [ownership] title issued by the Department or any other jurisdiction,

19-44  if he has acquired possession of any of these and unless the

20-1  certificate of [ownership] title is required for a further transfer in the

20-2  ultimate disposition of the vehicle.

20-3      3.  The Department may issue a salvage title as provided in

20-4  chapter 487 of NRS. The Department shall not charge a fee for the

20-5  issuance of the salvage title.

20-6      4.  The Department shall destroy any plate or plates, certificate

20-7  of registration or certificate of [ownership] title that is returned in a

20-8  manner described in subsections 1 and 2. The Department shall not

20-9  issue a certificate of registration or certificate of [ownership] title

20-10  for a vehicle with the same identification number as the dismantled,

20-11  junked or inoperative vehicle if the vehicle was manufactured

20-12  in the 5 years preceding the date on which it was dismantled,

20-13  junked or otherwise rendered inoperative, unless the Department

20-14  authorizes the restoration of the vehicle pursuant to subsection 2 of

20-15  NRS 482.553.

20-16     Sec. 30.  NRS 482.545 is hereby amended to read as follows:

20-17     482.545  It is unlawful for any person to commit any of the

20-18  following acts:

20-19     1.  To operate, or for the owner thereof knowingly to permit the

20-20  operation of, upon a highway any motor vehicle, trailer or

20-21  semitrailer which is not registered or which does not have attached

20-22  thereto and displayed thereon the number of plate or plates assigned

20-23  thereto by the Department for the current period of registration or

20-24  calendar year, subject to the exemption allowed in NRS 482.316 to

20-25  482.3175, inclusive, 482.320 to 482.363, inclusive, 482.385 to

20-26  482.3965, inclusive, and 482.420.

20-27     2.  To display, cause or permit to be displayed or to have in

20-28  possession any certificate of registration, license plate, certificate of

20-29  [ownership] title or other document of title knowing it to be

20-30  fictitious or to have been canceled, revoked, suspended or altered.

20-31     3.  To lend to or knowingly permit the use of by one not entitled

20-32  thereto any registration card or plate issued to the person so lending

20-33  or permitting the use thereof.

20-34     4.  To fail or to refuse to surrender to the Department, upon

20-35  demand, any registration card or plate which has been suspended,

20-36  canceled or revoked as provided in this chapter.

20-37     5.  To use a false or fictitious name or address in any

20-38  application for the registration of any vehicle or for any renewal or

20-39  duplicate thereof, or knowingly to make a false statement or

20-40  knowingly to conceal a material fact or otherwise commit a fraud in

20-41  an application. A violation of this subsection is a gross

20-42  misdemeanor.

20-43     6.  Knowingly to operate a vehicle which:

20-44     (a) Has an altered identification number or mark; or

21-1      (b) Contains a part which has an altered identification number or

21-2  mark.

21-3      Sec. 31.  NRS 482.555 is hereby amended to read as follows:

21-4      482.555  In addition to any other penalty provided by this

21-5  chapter:

21-6      1.  It is a gross misdemeanor for any person knowingly to

21-7  falsify:

21-8      (a) A dealer’s or rebuilder’s report of sale, as described in NRS

21-9  482.423 and 482.424; or

21-10     (b) An application or document to obtain any:

21-11         (1) License;

21-12         (2) Permit; or

21-13         (3) Certificate of [ownership,] title,

21-14  issued under the provisions of this chapter.

21-15     2.  It is a misdemeanor for any person to violate any of the

21-16  provisions of this chapter unless such violation is by this section or

21-17  other provision of this chapter or other law of this state declared to

21-18  be a gross misdemeanor or a felony.

21-19     Sec. 32.  NRS 483.290 is hereby amended to read as follows:

21-20     483.290  1.  Every application for an instruction permit or for

21-21  a driver’s license must:

21-22     (a) Be made upon a form furnished by the Department.

21-23     (b) Be verified by the applicant before a person authorized to

21-24  administer oaths. Officers and employees of the Department may

21-25  administer those oaths without charge.

21-26     (c) Be accompanied by the required fee.

21-27     (d) State the [full] name, date of birth, sex and residence address

21-28  of the applicant and briefly describe the applicant.

21-29     (e) State whether the applicant has theretofore been licensed as a

21-30  driver, and, if so, when and by what state or country, and whether

21-31  any such license has ever been suspended or revoked, or whether an

21-32  application has ever been refused, and, if so, the date of and reason

21-33  for the suspension, revocation or refusal.

21-34     (f) Include such other information as the Department may

21-35  require to determine the competency and eligibility of the applicant.

21-36     2.  Every applicant must furnish proof of his age by displaying:

21-37     (a) If the applicant was born in the United States, a birth

21-38  certificate issued by a state or the District of Columbia or other

21-39  proof of the date of birth of the applicant, including, but not limited

21-40  to, a driver’s license issued by another state or the District of

21-41  Columbia, or a baptismal certificate and other proof that is

21-42  determined to be necessary and is acceptable to the Department; or

21-43     (b) If the applicant was born outside the United States, a

21-44  Certificate of Citizenship, Certificate of Naturalization, Arrival-

21-45  Departure Record, Alien Registration Receipt Card, United States

22-1  Citizen Identification Card or Letter of Authorization issued by the

22-2  Immigration and Naturalization Service of the United States

22-3  Department of Justice or a Report of Birth Abroad of a Citizen of

22-4  the United States [Citizen Child] issued by the Department of State,

22-5  a driver’s license issued by another state or the District of Columbia

22-6  or other proof acceptable to the Department other than a passport

22-7  issued by a foreign government.

22-8      3.  At the time of applying for a driver’s license, an applicant

22-9  may, if eligible, register to vote pursuant to NRS 293.524.

22-10     4.  Every applicant who has been assigned a social security

22-11  number must furnish proof of his social security number by

22-12  displaying:

22-13     (a) An original card issued to the applicant by the Social

22-14  Security Administration bearing the social security number of the

22-15  applicant; or

22-16     (b) Other proof acceptable to the Department, including, but not

22-17  limited to, records of employment or federal income tax returns.

22-18     Sec. 33.  NRS 483.340 is hereby amended to read as follows:

22-19     483.340  1.  The Department shall, upon payment of the

22-20  required fee, issue to every qualified applicant a driver’s license

22-21  indicating the type or class of vehicles the licensee may drive. The

22-22  license must bear a unique number assigned to the licensee pursuant

22-23  to NRS 483.345, the licensee’s social security number, if he has one,

22-24  unless he requests that it not appear on the license, the [full] name,

22-25  date of birth, mailing address and a brief description of the licensee,

22-26  and a space upon which the licensee shall write his usual signature

22-27  in ink immediately upon receipt of the license. A license is not valid

22-28  until it has been so signed by the licensee.

22-29     2.  The Department may issue a driver’s license for purposes of

22-30  identification only for use by officers of local police and sheriffs’

22-31  departments, agents of the Investigation Division of the Department

22-32  of Public Safety while engaged in special undercover investigations

22-33  relating to narcotics or prostitution or for other undercover

22-34  investigations requiring the establishment of a fictitious identity,

22-35  federal agents while engaged in undercover investigations,

22-36  investigators employed by the Attorney General while engaged in

22-37  undercover investigations and agents of the State Gaming Control

22-38  Board while engaged in investigations pursuant to NRS 463.140. An

22-39  application for such a license must be made through the head of the

22-40  police or sheriff’s department, the Chief of the Investigation

22-41  Division of the Department of Public Safety, the director of the

22-42  appropriate federal agency, the Attorney General or the Chairman of

22-43  the State Gaming Control Board. Such a license is exempt from the

22-44  fees required by NRS 483.410. The Department, by regulation, shall

23-1  provide for the cancelation of any such driver’s license upon the

23-2  completion of the special investigation for which it was issued.

23-3      3.  Information pertaining to the issuance of a driver’s license

23-4  pursuant to subsection 2 is confidential.

23-5      4.  It is unlawful for any person to use a driver’s license issued

23-6  pursuant to subsection 2 for any purpose other than the special

23-7  investigation for which it was issued.

23-8      5.  At the time of the issuance or renewal of the driver’s license,

23-9  the Department shall:

23-10     (a) Give the holder the opportunity to indicate on his driver’s

23-11  license that he wishes to be a donor of all or part of his body

23-12  pursuant to NRS 451.500 to 451.590, inclusive, or that he refuses to

23-13  make an anatomical gift of his body or part of his body;

23-14     (b) Give the holder the opportunity to indicate whether he

23-15  wishes to donate $1 or more to the Anatomical Gift Account created

23-16  by NRS 460.150; and

23-17     (c) Provide to each holder who is interested in becoming a donor

23-18  information relating to anatomical gifts, including the procedure for

23-19  registration as a donor with The Living Bank International or its

23-20  successor organization.

23-21     6.  If the holder wishes to make a donation to the Anatomical

23-22  Gift Account, the Department shall collect the donation and deposit

23-23  the money collected in the State Treasury for credit to the

23-24  Anatomical Gift Account.

23-25     7.  The Department shall submit to The Living Bank

23-26  International, or its successor organization, information from the

23-27  records of the Department relating to persons who have drivers’

23-28  licenses that indicate the intention of those persons to make an

23-29  anatomical gift. The Department shall adopt regulations to carry out

23-30  the provisions of this subsection.

23-31     Sec. 34.  NRS 483.850 is hereby amended to read as follows:

23-32     483.850  1.  Every application for an identification card must

23-33  be made upon a form provided by the Department and include:

23-34     (a) The applicant’s [full] name.

23-35     (b) His social security number, if any.

23-36     (c) His date of birth.

23-37     (d) His state of legal residence.

23-38     (e) His current address in this state, unless the applicant is on

23-39  active duty in the military service of the United States.

23-40     (f) A statement from:

23-41         (1) A resident stating that he does not hold a valid driver’s

23-42  license or identification card from any state or jurisdiction; or

23-43         (2) A seasonal resident stating that he does not hold a valid

23-44  Nevada driver’s license.

24-1      2.  When the form is completed, the applicant must sign the

24-2  form and verify the contents before a person authorized to

24-3  administer oaths.

24-4      3.  At the time of applying for an identification card, an

24-5  applicant may, if eligible, register to vote pursuant to NRS 293.524.

24-6      4.  A person who possesses a driver’s license or identification

24-7  card issued by another state or jurisdiction who wishes to apply for

24-8  an identification card pursuant to this section shall surrender to the

24-9  Department the driver’s license or identification card issued by the

24-10  other state or jurisdiction at the time he applies for an identification

24-11  card pursuant to this section.

24-12     Sec. 35.  NRS 486.081 is hereby amended to read as follows:

24-13     486.081  1.  Every application for a motorcycle driver’s

24-14  license must be made upon a form furnished by the Department and

24-15  must be verified by the applicant before a person authorized to

24-16  administer oaths. Officers and employees of the Department may

24-17  administer those oaths without charge.

24-18     2.  Every application must:

24-19     (a) State the [full] name, date of birth, sex and residence address

24-20  of the applicant;

24-21     (b) Briefly describe the applicant;

24-22     (c) State whether the applicant has previously been licensed as a

24-23  driver, and, if so, when and by what state or country;

24-24     (d) State whether any such license has ever been suspended or

24-25  revoked, or whether an application has ever been refused, and, if so,

24-26  the date of and reason for such suspension, revocation or refusal;

24-27  and

24-28     (e) Give such other information as the Department requires to

24-29  determine the competency and eligibility of the applicant.

24-30     3.  Every applicant shall furnish proof of his age by displaying:

24-31     (a) If he was born in the United States, a certified state-issued

24-32  birth certificate, baptismal certificate, driver’s license issued by

24-33  another state or the District of Columbia or other proof acceptable to

24-34  the Department; or

24-35     (b) If he was born outside the United States, a:

24-36         (1) Certificate of Citizenship, Certificate of Naturalization,

24-37  Arrival-Departure Record, Alien Registration Receipt Card, United

24-38  States Citizen Identification Card or Letter of Authorization issued

24-39  by the Immigration and Naturalization Service of the Department of

24-40  Justice;

24-41         (2) Report of Birth Abroad of a Citizen of the United States

24-42  [Citizen Child] issued by the Department of State;

24-43         (3) Driver’s license issued by another state or the District of

24-44  Columbia; or

24-45         (4) Passport issued by the United States Government.

25-1      Sec. 36.  NRS 487.100 is hereby amended to read as follows:

25-2      487.100  1.  Except as otherwise provided in subsection 2, any

25-3  automobile wrecker purchasing from any person other than a

25-4  licensed operator of a salvage pool[,] any vehicle subject to

25-5  registration pursuant to the laws of this state shall forward to the

25-6  Department the certificates of [ownership] title and registration last

25-7  issued therefor.

25-8      2.  The certificate of ownership last issued for a mobile home or

25-9  commercial coach must be sent by the wrecker to the Manufactured

25-10  Housing Division.

25-11     3.  The state agency may issue to the licensee a salvage title

25-12  containing a brief description of the vehicle, including, insofar as

25-13  data may exist with respect to the vehicle, the make, type, serial

25-14  number and motor number, or any other number of the vehicle. The

25-15  state agency shall not charge a fee for the issuance of the salvage

25-16  title.

25-17     Sec. 37.  NRS 487.110 is hereby amended to read as follows:

25-18     487.110  1.  Except as otherwise provided in subsection 2,

25-19  whenever a vehicle subject to registration is sold as salvage:

25-20     (a) As a result of a total loss insurance settlement, the insurance

25-21  company or its authorized agent shall forward the endorsed

25-22  [ownership] certificate of title or other evidence of title to the state

25-23  agency within 30 days after receipt thereof; or

25-24     (b) Because the owner determines that the vehicle is a total loss

25-25  vehicle,

25-26  the owner shall forward the [ownership] certificate of title or other

25-27  evidence of title to the state agency within 120 days after the vehicle

25-28  is damaged.

25-29     2.  The insurance company or its authorized agent may sell a

25-30  vehicle for which a total loss settlement has been made with the

25-31  properly endorsed [ownership] certificate of title or other evidence

25-32  of title if the total loss settlement resulted from the theft of the

25-33  vehicle and the vehicle, when recovered, was not damaged to

25-34  the extent that it was required to be rebuilt. An owner who has

25-35  determined that a vehicle is a total loss vehicle may sell the vehicle

25-36  with the properly endorsed [ownership] certificate of title or other

25-37  evidence of title to a salvage pool, automobile auction, rebuilder,

25-38  automobile wrecker or a new or used motor vehicle dealer.

25-39     3.  Upon the sale of the salvage vehicle, the insurance company,

25-40  salvage pool, automobile auction, leasing company or financial

25-41  institution which sells the salvage vehicle shall issue a bill of sale of

25-42  salvage to the purchaser on a form to be prescribed and supplied by

25-43  the state agency. The state agency shall accept the bill of sale of

25-44  salvage in lieu of the [ownership] certificate of title or other

26-1  evidence of title when accompanied by an appropriate application or

26-2  other documents and fees.

26-3      4.  When the salvage vehicle is rebuilt and to be restored to

26-4  operation, the vehicle may not be licensed for operation or the

26-5  ownership thereof transferred until there is submitted to the state

26-6  agency with the prescribed bill of sale of salvage an appropriate

26-7  application, other documents and fees required, and a certificate of

26-8  inspection signed by an employee of the state agency attesting to its

26-9  mechanical fitness and safety.

26-10     5.  When a total loss insurance settlement between the

26-11  insurance company and its insured results in the retention of the

26-12  salvage vehicle by the insured, the insurance company or its

26-13  authorized agent shall, within 30 days after the date of settlement,

26-14  notify the state agency of the retention by its insured upon a form to

26-15  be supplied by the state agency.

26-16     Sec. 38.  NRS 487.120 is hereby amended to read as follows:

26-17     487.120  1.  If the applicant for a salvage title is unable to

26-18  furnish the certificates of [ownership] title and registration last

26-19  issued for the vehicle or a bill of sale of salvage, the state agency

26-20  may accept the application, examine the circumstances of the case

26-21  and require the filing of suitable affidavits or other information or

26-22  documents. If satisfied that the applicant is entitled to a salvage title,

26-23  the state agency may issue the salvage title.

26-24     2.  No duplicate certificate of [ownership] title or registration

26-25  may be issued when a salvage title is applied for, and no fees are

26-26  required for the affidavits of any stolen, lost or damaged certificate,

26-27  or duplicates thereof, unless the vehicle is subsequently registered.

26-28     Sec. 39.  NRS 487.160 is hereby amended to read as follows:

26-29     487.160  1.  The Department, after notice and hearing, may

26-30  suspend, revoke or refuse to renew a license of an automobile

26-31  wrecker upon determining that the automobile wrecker:

26-32     (a) Is not lawfully entitled thereto;

26-33     (b) Has made, or knowingly or negligently permitted, any illegal

26-34  use of that license;

26-35     (c) Has failed to return a salvage title to the state agency when

26-36  and as required of him by NRS 487.045 to 487.190, inclusive; or

26-37     (d) Has failed to surrender to the state agency certificates of

26-38  [ownership] title for vehicles before beginning to dismantle or

26-39  wreck the vehicles.

26-40     2.  The applicant or licensee may, within 30 days after receipt

26-41  of the notice of refusal, suspension or revocation, petition the

26-42  Department in writing for a hearing.

26-43     3.  Hearings under this section and appeals therefrom must be

26-44  conducted in the manner prescribed in NRS 482.353 and 482.354.

27-1      4.  The Department may suspend, revoke or refuse to renew a

27-2  license of an automobile wrecker, or deny a license to an applicant

27-3  therefor, if the licensee or applicant:

27-4      (a) Does not have or maintain an established place of business in

27-5  this state.

27-6      (b) Made a material misstatement in any application.

27-7      (c) Willfully fails to comply with any provision of NRS 487.045

27-8  to 487.190, inclusive.

27-9      (d) Fails to furnish and keep in force any bond required by NRS

27-10  [487.050] 487.045 to 487.190, inclusive.

27-11     (e) Fails to discharge any final judgment entered against him

27-12  when the judgment arises out of any misrepresentation of a vehicle,

27-13  trailer or semitrailer.

27-14     (f) Fails to maintain any license or bond required by a political

27-15  subdivision of this state.

27-16     (g) Has been convicted of a felony.

27-17     (h) Has been convicted of a misdemeanor or gross misdemeanor

27-18  for a violation of a provision of this chapter.

27-19     (i) Fails or refuses to provide to the Department an authorization

27-20  for the disclosure of financial records for the business as required

27-21  pursuant to subsection 7.

27-22     5.  If an application for a license as an automobile wrecker is

27-23  denied, the applicant may not submit another application for at least

27-24  6 months after the date of the denial.

27-25     6.  The Department may refuse to review a subsequent

27-26  application for licensing submitted by any person who violates any

27-27  provision of this chapter.

27-28     7.  Upon the receipt of any report or complaint alleging that an

27-29  applicant or a licensee has engaged in financial misconduct or has

27-30  failed to satisfy any financial obligation related to the business of

27-31  dismantling, scrapping, processing or wrecking of vehicles, the

27-32  Department may require the applicant or licensee to submit to the

27-33  Department an authorization for the disclosure of financial records

27-34  for the business as provided in NRS 239A.090. The Department

27-35  may use any information obtained pursuant to such an authorization

27-36  only to determine the suitability of the applicant or licensee for

27-37  initial or continued licensure. Information obtained pursuant to such

27-38  an authorization may be disclosed only to those employees of the

27-39  Department who are authorized to issue a license to an applicant

27-40  pursuant to NRS [487.050] 487.045 to 487.200, inclusive, or to

27-41  determine the suitability of an applicant or a licensee for such

27-42  licensure.

27-43     8.  For the purposes of this section, failure to adhere to the

27-44  directives of the state agency advising the licensee of his

27-45  noncompliance with any provision of NRS 487.045 to 487.190,

28-1  inclusive, or regulations of the state agency, within 10 days after the

28-2  receipt of those directives, is prima facie evidence of willful failure

28-3  to comply.

28-4      Sec. 40.  NRS 487.185 is hereby amended to read as follows:

28-5      487.185  1.  A person shall not remove a total loss vehicle

28-6  from this state [for the purpose of selling] to sell that vehicle unless

28-7  the [ownership] certificate of title or other evidence of title has been

28-8  forwarded to the state agency pursuant to paragraph (b) of

28-9  subsection 1 of NRS 487.110.

28-10     2.  A person who violates the provisions of this section:

28-11     (a) If the value of the vehicle removed from this state is less than

28-12  $250, is guilty of a misdemeanor.

28-13     (b) If the value of the vehicle removed from this state is $250 or

28-14  more, is guilty of a gross misdemeanor.

28-15     Sec. 41.  NRS 487.250 is hereby amended to read as follows:

28-16     487.250  1.  The state agency or political subdivision shall,

28-17  within 48 hours after the appraisal, notify the head of the state

28-18  agency of the removal of the vehicle. The notice must contain:

28-19     (a) A description of the vehicle.

28-20     (b) The appraised value of the vehicle.

28-21     (c) A statement as to whether the vehicle will be junked,

28-22  dismantled or otherwise disposed of.

28-23     2.  The person who removed the vehicle must notify the

28-24  registered owner and any person having a security interest in the

28-25  vehicle by registered or certified mail that the vehicle has been

28-26  removed and will be junked or dismantled or otherwise disposed of

28-27  unless the registered owner or the person having a security interest

28-28  in the vehicle responds and pays the costs of removal.

28-29     3.  Failure to reclaim within 15 days after notification a vehicle

28-30  appraised at $500 or less constitutes a waiver of interest in the

28-31  vehicle by any person having an interest in the vehicle.

28-32     4.  If all recorded interests in a vehicle appraised at $500 or less

28-33  are waived, either as provided in subsection 3 or by written

28-34  disclaimer by any person having an interest in the vehicle, the state

28-35  agency shall issue a salvage title to the automobile wrecker who

28-36  towed the vehicle or to whom the vehicle may have been delivered,

28-37  or a certificate of [ownership] title to the garage owner if he elects to

28-38  retain the vehicle and the vehicle is equipped as required by chapter

28-39  484 of NRS.

28-40     Sec. 42.  NRS 487.270 is hereby amended to read as follows:

28-41     487.270  1.  Whenever a vehicle has been removed to a garage

28-42  or other place as provided by NRS 487.230, the owner of the garage

28-43  or the automobile wrecker who towed the vehicle has a lien on the

28-44  vehicle for the costs of towing and storing for a period not

28-45  exceeding 90 days.

29-1      2.  If the vehicle is appraised at a value of $500 or less and is

29-2  not reclaimed within the period prescribed in NRS 487.250, the

29-3  owner of the garage or automobile wrecker may satisfy his lien by

29-4  retaining the vehicle and obtaining a certificate of [ownership] title

29-5  thereto or a salvage title as provided in NRS 487.250.

29-6      3.  If the vehicle is appraised at a value of more than $500 and

29-7  is not reclaimed within 45 days, the owner of the garage or

29-8  automobile wrecker may satisfy his lien, in accordance with the

29-9  provisions of NRS 108.265 to 108.360, inclusive.

29-10     Sec. 43.  NRS 487.480 is hereby amended to read as follows:

29-11     487.480  1.  Before an operator of a salvage pool sells any

29-12  vehicle subject to registration pursuant to the laws of this state, he

29-13  must have in his possession the certificate of [ownership] title or a

29-14  bill of sale of salvage for that vehicle. He shall, within 10 days after

29-15  completion of the transaction, forward the certificate of [ownership]

29-16  title or bill of sale of salvage to the Department. The Department

29-17  shall not issue a certificate of registration or certificate of

29-18  [ownership] title for a vehicle with the same identification number if

29-19  the vehicle was manufactured in the 5 years preceding the date on

29-20  which the operator forwards the certificates to the Department,

29-21  unless the Department authorizes the restoration of the vehicle

29-22  pursuant to subsection 2 of NRS 482.553.

29-23     2.  Upon sale of the vehicle, the operator of the salvage pool

29-24  shall provide a bill of sale of salvage to the licensed automobile

29-25  wrecker, dealer of new or used motor vehicles or rebuilder on a

29-26  form prescribed and supplied by the Department. The Department

29-27  shall accept the bill of sale of salvage in lieu of the certificate of

29-28  [ownership] title or other evidence of title from the:

29-29     (a) Automobile wrecker, if the bill of sale of salvage is

29-30  accompanied by an appropriate application for a salvage title; or

29-31     (b) Dealer of new or used motor vehicles or rebuilder when he

29-32  licenses the vehicle for operation or transfers ownership of it, if the

29-33  bill of sale of salvage is accompanied by an appropriate application,

29-34  all other required documents and fees, and a certificate of inspection

29-35  signed by an employee of the Department attesting to the

29-36  mechanical fitness and safety of the vehicle.

29-37     3.  The Department may issue to:

29-38     (a) The licensed automobile wrecker;

29-39     (b) A licensed operator of a salvage pool;

29-40     (c) A dealer of new or used motor vehicles who is licensed in

29-41  another state or foreign country and is registered with a salvage

29-42  pool; or

29-43     (d) An automobile wrecker or dismantler who is licensed in

29-44  another state or foreign country and is registered with a salvage

29-45  pool,

30-1  a salvage title that contains a brief description of the vehicle,

30-2  including, insofar as data may exist with respect to the vehicle, the

30-3  make, type, serial number and motor number, or any other number

30-4  of the vehicle. Except as otherwise provided in this subsection, the

30-5  Department shall charge and collect a fee of $10 for the issuance of

30-6  a salvage title pursuant to this subsection. The Department shall not

30-7  charge such a fee for the issuance of a salvage title to an automobile

30-8  wrecker licensed in this state. Fees collected by the Department

30-9  pursuant to this subsection must be deposited with the State

30-10  Treasurer to the credit of the Account for Regulation of Salvage

30-11  Pools, Automobile Wreckers, Body Shops and Garages. Possession

30-12  of a salvage title does not entitle a person to dismantle, scrap,

30-13  process or wreck any vehicle in this state unless the person holds a

30-14  license issued pursuant to NRS 487.050.

30-15     Sec. 44.  NRS 125B.220 is hereby amended to read as follows:

30-16     125B.220  1.  Upon deposit of any asset pursuant to NRS

30-17  125B.210 which is not money or is not readily convertible into

30-18  money, the court may, not fewer than 25 days after serving the

30-19  obligor-parent with written notice and providing an opportunity for

30-20  hearing, order the sale of the asset and deposit the proceeds of the

30-21  sale with the trustee designated by the court to receive the assets.

30-22  The sale of assets must be conducted in accordance with the

30-23  provisions set forth in NRS 21.130 to 21.260, inclusive, governing

30-24  the sale of property under execution.

30-25     2.  When an asset ordered to be deposited is real property, the

30-26  order must be certified in accordance with NRS 17.150 and recorded

30-27  with the county recorder. The deposited real property and the rights,

30-28  benefits and liabilities attached to that property continue in the

30-29  possession of the legal owner until it becomes subject to a use or

30-30  sale of assets pursuant to this section or NRS 125B.210. The legal

30-31  owner may not transfer, encumber, hypothecate, dispose of or

30-32  realize profits from the property unless approved by the court.

30-33     3.  When an asset ordered to be deposited is personal property

30-34  or fixtures including goods, documents, instruments, general

30-35  intangibles, chattel paper or accounts, the trustee shall file a

30-36  financing statement in accordance with NRS 104.9501, 104.9502

30-37  and 104.9516.

30-38     4.  When an asset ordered to be deposited is a vehicle registered

30-39  with the Department of Motor Vehicles, the trustee shall deliver to

30-40  the Department the certificate of [ownership] title of the vehicle in

30-41  accordance with NRS 482.428.

30-42     Sec. 45.  NRS 125B.280 is hereby amended to read as follows:

30-43     125B.280  1.  The trustee designated by the court to receive

30-44  assets pursuant to NRS 125B.210 shall return any assets to the

30-45  obligor-parent when:

31-1      (a) The obligor-parent has given the trustee notice to return

31-2  assets;

31-3      (b) All payments in arrears have been paid in full; and

31-4      (c) The obligor-parent has made, in a timely manner, all

31-5  payments of support ordered for the 12 months immediately

31-6  preceding the date notice was given to the trustee.

31-7      2.  If the deposited assets include real property, upon the

31-8  satisfaction of the requirements of subsection 1, the trustee shall

31-9  prepare a release and record it in the office of the county recorder.

31-10     3.  If the deposited assets include personal property or fixtures

31-11  including goods, documents, instruments, general intangibles,

31-12  chattel paper or accounts, the trustee shall, upon the satisfaction of

31-13  the requirements of subsection 1, prepare a termination statement

31-14  and file it in accordance with NRS 104.9513.

31-15     4.  If the deposited assets include a vehicle registered with

31-16  the Department of Motor Vehicles, the trustee shall, upon the

31-17  satisfaction of the requirements of subsection 1, deliver the

31-18  certificate of [ownership] title to the obligor-parent in accordance

31-19  with NRS 482.431.

31-20     Sec. 46.  NRS 146.080 is hereby amended to read as follows:

31-21     146.080  1.  If a decedent leaves no real property, nor interest

31-22  therein, nor mortgage or lien thereon, in this state, and the gross

31-23  value of the decedent’s property in this state, over and above any

31-24  amounts due to the decedent for services in the Armed Forces of the

31-25  United States, does not exceed $20,000, a person who has a right to

31-26  succeed to the property of the decedent pursuant to the laws of

31-27  succession for a decedent who died intestate or pursuant to the valid

31-28  will of a decedent who died testate, on behalf of all persons entitled

31-29  to succeed to the property claimed, or the State Welfare

31-30  Administrator or public administrator on behalf of the State or

31-31  others entitled to the property, may, 40 days after the death of the

31-32  decedent, without procuring letters of administration or awaiting

31-33  the probate of the will, collect any money due the decedent, receive

31-34  the property of the decedent, and have any evidences of interest,

31-35  indebtedness or right transferred to the claimant upon furnishing the

31-36  person, representative, corporation, officer or body owing the

31-37  money, having custody of the property or acting as registrar or

31-38  transfer agent of the evidences of interest, indebtedness or right,

31-39  with an affidavit showing the right of the affiant or affiants to

31-40  receive the money or property or to have the evidence transferred.

31-41     2.  An affidavit made pursuant to this section must state:

31-42     (a) The affiant’s name and address, and that the affiant is

31-43  entitled by law to succeed to the property claimed;

31-44     (b) The date and place of death of the decedent;

32-1      (c) That the gross value of the decedent’s property in this state,

32-2  except amounts due [to] the decedent for services in the Armed

32-3  Forces of the United States, does not exceed $20,000, and that the

32-4  property does not include any real property nor interest therein, nor

32-5  mortgage or lien thereon;

32-6      (d) That at least 40 days have elapsed since the death of the

32-7  decedent, as shown in a certified copy of the certificate of death of

32-8  the decedent attached to the affidavit;

32-9      (e) That no petition for the appointment of a personal

32-10  representative is pending or has been granted in any jurisdiction;

32-11     (f) That all debts of the decedent, including funeral and burial

32-12  expenses, and money owed to the Department of Human Resources

32-13  as a result of the payment of benefits for Medicaid, have been paid

32-14  or provided for;

32-15     (g) A description of the personal property and the portion

32-16  claimed;

32-17     (h) That the affiant has given written notice, by personal service

32-18  or by certified mail, identifying the affiant’s claim and describing

32-19  the property claimed, to every person whose right to succeed to the

32-20  decedent’s property is equal or superior to that of the affiant, and

32-21  that at least 14 days have elapsed since the notice was served or

32-22  mailed;

32-23     (i) That the affiant is personally entitled, or the Department of

32-24  Human Resources is entitled, to full payment or delivery of the

32-25  property claimed or is entitled to payment or delivery on behalf of

32-26  and with the written authority of all other successors who have an

32-27  interest in the property; and

32-28     (j) That the affiant acknowledges an understanding that filing a

32-29  false affidavit constitutes a felony in this state.

32-30     3.  If the affiant:

32-31     (a) Submits an affidavit which does not meet the requirements

32-32  of subsection 2 or which contains statements which are not entirely

32-33  true, any money or property the affiant receives is subject to all

32-34  debts of the decedent.

32-35     (b) Fails to give notice to other successors as required by

32-36  subsection 2, any money or property the affiant receives is held by

32-37  the affiant in trust for all other successors who have an interest in

32-38  the property.

32-39     4.  A person who receives an affidavit containing the

32-40  information required by subsection 2 is entitled to rely upon that

32-41  information, and if the person relies in good faith, the person is

32-42  immune from civil liability for actions based on that reliance.

32-43     5.  Upon receiving proof of the death of the decedent and an

32-44  affidavit containing the information required by this section:

33-1      (a) A transfer agent of any security shall change the registered

33-2  ownership of the security claimed from the decedent to the person

33-3  claiming to succeed to ownership of that security.

33-4      (b) A governmental agency required to issue certificates of title,

33-5  ownership or registration to personal property shall issue a new

33-6  certificate of title, ownership or registration to the person claiming

33-7  to succeed to ownership of the property.

33-8      6.  If any property of the estate not exceeding $20,000 is

33-9  located in a state which requires an order of a court for the transfer

33-10  of the property, or if the estate consists of stocks or bonds which

33-11  must be transferred by an agent outside this state, any person

33-12  qualified pursuant to the provisions of subsection 1 to have the

33-13  stocks or bonds or other property transferred may do so by obtaining

33-14  a court order directing the transfer. The person desiring the transfer

33-15  must file a petition, which may be ex parte, containing:

33-16     (a) A specific description of all the property of the decedent.

33-17     (b) A list of all the liens and mortgages of record at the date of

33-18  the decedent’s death.

33-19     (c) An estimate of the value of the property of the decedent.

33-20     (d) The names, ages of any minors[,] and residences of the

33-21  decedent’s heirs and devisees.

33-22     (e) A request for the court to issue an order directing the transfer

33-23  of the stocks or bonds or other property if the court finds the gross

33-24  value of the estate does not exceed $20,000.

33-25     (f) An attached copy of the executed affidavit made pursuant to

33-26  subsection 2.

33-27  If the court finds that the gross value of the estate does not exceed

33-28  $20,000 and the person requesting the transfer is entitled to it, the

33-29  court may enter an order directing the transfer.

33-30     Sec. 47.  NRS 179.1185 is hereby amended to read as follows:

33-31     179.1185  If a vehicle or other conveyance is forfeited of a kind

33-32  which is subject to the provisions of title 43 of NRS governing

33-33  certificates of [ownership,] title, the agency charged by law with

33-34  responsibility for issuing certificates of [ownership] title for

33-35  conveyances of the kind shall issue a certificate of [ownership] title

33-36  to:

33-37     1.  The governing body or the agency to whom the title was

33-38  awarded by the court if the conveyance is retained for official use;

33-39  or

33-40     2.  The purchaser if the conveyance is sold by the governing

33-41  body or the plaintiff.

33-42     Sec. 48.  NRS 253.0403 is hereby amended to read as follows:

33-43     253.0403  1.  When the gross value of a decedent’s property

33-44  situated in this state does not exceed $5,000, a public administrator

33-45  may, without procuring letters of administration, administer the

34-1  estate of that person upon filing with the court an affidavit of his

34-2  right to do so.

34-3      2.  The affidavit must provide:

34-4      (a) The public administrator’s name and address, and his

34-5  attestation that he is entitled by law to administer the estate;

34-6      (b) The decedent’s place of residence at the time of his death;

34-7      (c) That the gross value of the decedent’s property in this state

34-8  does not exceed $5,000;

34-9      (d) That at least 40 days have elapsed since the death of the

34-10  decedent;

34-11     (e) That no application or petition for the appointment of a

34-12  personal representative is pending or has been granted in this state;

34-13     (f) A description of the personal property of the decedent;

34-14     (g) Whether there are any heirs or next of kin known to the

34-15  affiant, and if known, the name and address of each such person;

34-16     (h) If heirs or next of kin are known to the affiant, a description

34-17  of the method of service he used to provide to each of them notice

34-18  of the affidavit and that at least 10 days have elapsed since the

34-19  notice was provided;

34-20     (i) That all debts of the decedent, including funeral and burial

34-21  expenses, have been paid or provided for; and

34-22     (j) The name of each person to whom the affiant intends to

34-23  distribute the decedent’s property.

34-24     3.  Before filing the affidavit with the court, the public

34-25  administrator shall take reasonable steps to ascertain whether any of

34-26  the decedent’s heirs or next of kin exist. If the administrator

34-27  determines that heirs or next of kin exist, he shall serve each of them

34-28  with a copy of the affidavit. Service must be made personally or by

34-29  certified mail.

34-30     4.  If the affiant:

34-31     (a) Submits an affidavit which does not meet the requirements

34-32  of subsection 2 or which contains statements which are not entirely

34-33  true, any money or property he receives or distributes is subject to

34-34  all debts of the decedent, based on the priority for payment of debts

34-35  and charges specified in NRS 150.220.

34-36     (b) Fails to give notice to heirs or next of kin as required by

34-37  subsection 3, any money or property he holds or distributes to others

34-38  shall be deemed to be held in trust for those heirs and next of kin

34-39  who did not receive notice and have an interest in the property.

34-40     5.  A person who receives an affidavit containing the

34-41  information required by subsection 2 is entitled to rely upon such

34-42  information, and if he relies in good faith, he is immune from civil

34-43  liability for actions based on that reliance.

35-1      6.  Upon receiving proof of the death of the decedent, an

35-2  affidavit containing the information required by this section and the

35-3  written approval of the public administrator to do so:

35-4      (a) A transfer agent of any security shall change the registered

35-5  ownership of the security claimed from the decedent to the person

35-6  claiming to succeed to ownership of that security.

35-7      (b) A governmental agency required to issue certificates of title,

35-8  ownership or registration to personal property shall issue a new

35-9  certificate of title, ownership or registration to the person claiming

35-10  to succeed to ownership of the property.

35-11     Sec. 49.  NRS 706.616 is hereby amended to read as follows:

35-12     706.616  1.  If the ownership of a vehicle subject to the lien

35-13  provided for by NRS 706.601 is transferred, whether by operation of

35-14  law or otherwise, no certificate of registration or certificate of

35-15  [ownership] title with respect to such vehicle [shall] may be issued

35-16  by the Department to the transferee or person otherwise entitled

35-17  thereto until the Department has issued a certificate that such lien

35-18  has been removed.

35-19     2.  No license issued under chapter 706 of NRS with respect to

35-20  a vehicle which becomes subject to the lien provided for by NRS

35-21  706.601 [shall] may be transferred until the Department has issued a

35-22  certificate that [such] the lien has been removed.

35-23     Sec. 50.  1.  This section and sections 2, 4, 5, 8, 9, 11, 13 to

35-24  31, inclusive, and 36 to 49, inclusive, of this act become effective on

35-25  July 1, 2003.

35-26     2.  Section 9 of this act expires by limitation on September 30,

35-27  2003.

35-28     3.  Sections 1, 3, 6, 7, 10, 12 and 32 to 35, inclusive, of this act

35-29  become effective on October 1, 2003.

 

35-30  H