Senate Bill No. 501–Committee on Finance

 

May 27, 2003

____________

 

Referred to Committee on Finance

 

SUMMARY—Requires Department of Motor Vehicles to charge and collect certain new fees relating to sale or lease of vehicle. (BDR 43‑1360)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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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 Department of Motor Vehicles to charge and collect certain new fees relating to the lease or sale of a vehicle; 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. NRS 482.423 is hereby amended to read as follows:

1-2  482.423  1.  When a new vehicle is sold in this state for the

1-3  first time, the seller shall complete and execute a manufacturer’s

1-4  certificate of origin or a manufacturer’s statement of origin and,

1-5  unless the vehicle is sold to a licensed dealer, a dealer’s report of

1-6  sale. The dealer’s report of sale must be in a form prescribed by the

1-7  Department and must include:

1-8  (a) A description of the vehicle;

1-9  (b) The name and address of the seller; and

1-10      (c) The name and address of the buyer.

1-11      2.  If, in connection with the sale, a security interest is taken or

1-12  retained by the seller to secure all or part of the purchase price, or a

1-13  security interest is taken by a person who gives value to enable the

1-14  buyer to acquire rights in the vehicle, the name and address of the

1-15  secured party or his assignee must be entered on the dealer’s report

1-16  of sale and on the manufacturer’s certificate or statement of origin.

2-1  3.  Unless an extension of time is granted by the Department,

2-2  the seller shall:

2-3  (a) Collect the [fee] fees set forth in NRS 482.429 for [a] :

2-4       (1) A certificate of title for a vehicle registered in this state;

2-5  and

2-6       (2) The processing of the dealer’s report of sale; and

2-7  (b) Within 20 days after the execution of the dealer’s report of

2-8  sale:

2-9       (1) Submit to the Department the original of the dealer’s

2-10  report of sale and the manufacturer’s certificate or statement of

2-11  origin ; and [remit the fee]

2-12          (2) Remit to the Department the fees collected pursuant to

2-13  [this subsection for the certificate of title to the Department within

2-14  20 days after the execution of the dealer’s report of sale.]

2-15  paragraph (a).

2-16      4.  Upon entering into a contract for the sale of a new vehicle,

2-17  the seller shall affix a temporary placard to the rear of the vehicle.

2-18  Only one temporary placard may be issued for the vehicle. The

2-19  temporary placard must:

2-20      (a) Be in a form prescribed by the Department;

2-21      (b) Be made of a material appropriate for use on the exterior of a

2-22  vehicle;

2-23      (c) Be free from foreign materials and clearly visible from the

2-24  rear of the vehicle; and

2-25      (d) Include the date of its expiration.

2-26      5.  Compliance with the requirements of subsection 4 permits

2-27  the vehicle to be operated for a period not to exceed 30 days after

2-28  the execution of the contract. Upon the issuance of the certificate of

2-29  registration and license plates for the vehicle or the expiration of the

2-30  temporary placard, whichever occurs first, the buyer shall remove

2-31  the temporary placard from the rear of the vehicle.

2-32      6.  For the purposes of establishing compliance with the period

2-33  required by paragraph (b) of subsection 3, the Department shall use

2-34  the date imprinted or otherwise indicated on the dealer’s report of

2-35  sale as the beginning date of the 20-day period.

2-36      7.  Upon execution of all required documents to complete the

2-37  sale of a vehicle, the dealer shall execute the dealer’s report of sale

2-38  and furnish a copy of the report to the buyer not less than 10 days

2-39  before the expiration of the temporary placard.

2-40      Sec. 2.  NRS 482.4235 is hereby amended to read as follows:

2-41      482.4235  1.  If a new vehicle is leased in this state by a long-

2-42  term lessor, the long-term lessor shall complete and execute a

2-43  manufacturer’s certificate of origin or a manufacturer’s statement of

2-44  origin, and a long-term lessor’s report of lease. Such a report must

2-45  be in a form prescribed by the Department and must include:

3-1  (a) A description of the vehicle; and

3-2  (b) The names and addresses of the long-term lessor, long-term

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

3-4  2.  Unless an extension of time is granted by the Department,

3-5  the long-term lessor shall [submit] , within 20 days after the

3-6  execution of the long-term lessor’s report of lease:

3-7  (a) Submit to the Department the original of the long-term

3-8  lessor’s report of lease and the manufacturer’s certificate of origin

3-9  or manufacturer’s statement of origin [to the Department within 20

3-10  days after the execution of the long-term lessor’s report of lease.] ;

3-11  and

3-12      (b) Collect and remit to the Department the fee set forth in

3-13  NRS 482.429 for the processing of the long-term lessor’s report of

3-14  lease.

3-15      3.  Upon entering into a lease for a new vehicle, the seller shall

3-16  affix a temporary placard to the rear of the vehicle. Only one

3-17  temporary placard may be issued for the vehicle. The temporary

3-18  placard must:

3-19      (a) Be in a form prescribed by the Department;

3-20      (b) Be made of a material appropriate for use on the exterior of a

3-21  vehicle;

3-22      (c) Be free from foreign materials and clearly visible from the

3-23  rear of the vehicle; and

3-24      (d) Include the date of its expiration.

3-25      4.  Compliance with the requirements of subsection 3 permits

3-26  the vehicle to be operated for a period not to exceed 30 days after

3-27  the execution of the lease. Upon issuance of the certificate of

3-28  registration and license plates for the vehicle or the expiration of the

3-29  temporary placard, whichever occurs first, the long-term lessee shall

3-30  remove the temporary placard from the rear of the vehicle.

3-31      5.  For the purposes of establishing compliance with the period

3-32  required by subsection 2, the Department shall use the date

3-33  imprinted or otherwise indicated on the long-term lessor’s report of

3-34  lease as the beginning date of the 20-day period.

3-35      6.  Upon executing all documents necessary to complete the

3-36  lease of the vehicle, the long-term lessor shall execute the long-term

3-37  lessor’s report of lease and furnish a copy of the report to the long-

3-38  term lessee not less than 10 days before the expiration of the

3-39  temporary placard.

3-40      Sec. 3.  NRS 482.424 is hereby amended to read as follows:

3-41      482.424  1.  When a used or rebuilt vehicle is sold in this state

3-42  to any person, except a licensed dealer, by a dealer, rebuilder, long-

3-43  term lessor or short-term lessor, the seller shall complete and

3-44  execute a dealer’s or rebuilder’s report of sale. The dealer’s or

4-1  rebuilder’s report of sale must be in a form prescribed by the

4-2  Department and must include:

4-3  (a) A description of the vehicle, including whether it is a rebuilt

4-4  vehicle;

4-5  (b) The name and address of the seller; and

4-6  (c) The name and address of the buyer.

4-7  2.  If a security interest exists at the time of the sale, or if in

4-8  connection with the sale a security interest is taken or retained by

4-9  the seller to secure all or part of the purchase price, or a security

4-10  interest is taken by a person who gives value to enable the buyer to

4-11  acquire rights in the vehicle, the name and address of the secured

4-12  party must be entered on the dealer’s or rebuilder’s report of sale.

4-13      3.  Unless an extension of time is granted by the Department,

4-14  the seller shall:

4-15      (a) Collect the [fee] fees set forth in NRS 482.429 for [a] :

4-16          (1) A certificate of title for a vehicle registered in this state;

4-17  and

4-18          (2) The processing of the dealer’s or rebuilder’s report of

4-19  sale; and

4-20      (b) Within 30 days after the execution of the dealer’s or

4-21  rebuilder’s report of sale:

4-22          (1) Submit to the Department the original of the dealer’s or

4-23  rebuilder’s report of sale and the properly endorsed certificate of

4-24  title previously issued for the vehicle; and [remit the fee]

4-25          (2) Remit to the Department the fees collected pursuant to

4-26  [this subsection for the certificate of title to the Department within

4-27  30 days after the execution of the dealer’s or rebuilder’s report of

4-28  sale, together with the properly endorsed certificate of title or

4-29  certificate of ownership previously issued for the vehicle.]

4-30  paragraph (a).

4-31      4.  Upon entering into a contract for the sale of a used or rebuilt

4-32  vehicle, the seller shall affix a temporary placard to the rear of the

4-33  vehicle. Only one temporary placard may be issued for the vehicle.

4-34  The temporary placard must:

4-35      (a) Be in a form prescribed by the Department;

4-36      (b) Be made of a material appropriate for use on the exterior of a

4-37  vehicle;

4-38      (c) Be free from foreign materials and clearly visible from the

4-39  rear of the vehicle; and

4-40      (d) Include the date of its expiration.

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

4-42  the vehicle to be operated for not more than 30 days after the

4-43  execution of the contract. Upon the issuance of the certificate of

4-44  registration and license plates for the vehicle or the expiration of the

5-1  temporary placard, whichever occurs first, the buyer shall remove

5-2  the temporary placard from the rear of the vehicle.

5-3  6.  For the purposes of establishing compliance with the period

5-4  required by paragraph (b) of subsection 3, the Department shall use

5-5  the date imprinted or otherwise indicated on the dealer’s or

5-6  rebuilder’s report of sale as the beginning date of the 30-day period.

5-7  7.  Upon executing all documents necessary to complete the

5-8  sale of the vehicle, the seller shall execute the dealer’s or rebuilder’s

5-9  report of sale and furnish a copy of the report to the buyer not less

5-10  than 10 days before the expiration of the temporary placard.

5-11      Sec. 4.  NRS 482.4245 is hereby amended to read as follows:

5-12      482.4245  1.  If a used or rebuilt vehicle is leased in this state

5-13  by a long-term lessor, the long-term lessor shall complete and

5-14  execute a long-term lessor’s report of lease. Such a report must be in

5-15  a form prescribed by the Department and must include:

5-16      (a) A description of the vehicle;

5-17      (b) An indication as to whether the vehicle is a rebuilt vehicle;

5-18  and

5-19      (c) The names and addresses of the long-term lessor, long-term

5-20  lessee and any person having a security interest in the vehicle.

5-21      2.  Unless an extension of time is granted by the Department,

5-22  the long-term lessor shall [submit] , within 30 days after the

5-23  execution of the long-term lessor’s report of lease:

5-24      (a) Submit to the Department the original of the long-term

5-25  lessor’s report of lease [to the Department within 30 days after the

5-26  execution of the long-term lessor’s report of lease, together with]

5-27  and the properly endorsed certificate of title or certificate of

5-28  ownership previously issued for the vehicle[.] ; and

5-29      (b) Collect and remit to the Department the fee set forth in

5-30  NRS 482.429 for the processing of the long-term lessor’s report of

5-31  lease.

5-32      3.  Upon entering into a lease for a used or rebuilt vehicle, the

5-33  seller shall affix a temporary placard to the rear of the vehicle. Only

5-34  one temporary placard may be issued for the vehicle. The temporary

5-35  placard must:

5-36      (a) Be in a form prescribed by the Department;

5-37      (b) Be made of a material appropriate for use on the exterior of a

5-38  vehicle;

5-39      (c) Be free from foreign materials and clearly visible from the

5-40  rear of the vehicle; and

5-41      (d) Include the date of its expiration.

5-42      4.  Compliance with the requirements of subsection 3 permits

5-43  the vehicle to be operated for a period not to exceed 30 days after

5-44  the execution of the lease. Upon issuance of the certificate of

5-45  registration and license plates for the vehicle or the expiration of the

6-1  temporary placard, whichever occurs first, the long-term lessee shall

6-2  remove the temporary placard from the rear of the vehicle.

6-3  5.  For the purposes of establishing compliance with the period

6-4  required by subsection 2, the Department shall use the date

6-5  imprinted or otherwise indicated on the long-term lessor’s report of

6-6  lease as the beginning date of the 30-day period.

6-7  6.  Upon executing all documents necessary to complete the

6-8  lease of the vehicle, the long-term lessor shall execute the long-term

6-9  lessor’s report of lease and furnish a copy of the report to the long-

6-10  term lessee not less than 10 days before the expiration of the

6-11  temporary placard.

6-12      Sec. 5.  NRS 482.426 is hereby amended to read as follows:

6-13      482.426  When a used or rebuilt vehicle is sold in this state by a

6-14  person who is not a dealer or rebuilder, the seller or buyer or both of

6-15  them shall, within 10 days after the sale[, submit] :

6-16      1.  Submit to the Department:

6-17      [1.] (a) If a certificate of ownership has been issued in this state,

6-18  the certificate properly endorsed.

6-19      [2.] (b) If a certificate of title or other document of title has been

6-20  issued by a public authority of another state, territory or country:

6-21      [(a)] (1) The certificate or document properly endorsed; and

6-22      [(b)] (2) A statement containing, if not included in the endorsed

6-23  certificate or document, the description of the vehicle, including

6-24  whether it is a rebuilt vehicle, the names and addresses of the buyer

6-25  and seller, and the name and address of any person who takes or

6-26  retains a purchase money security interest. Any such statement must

6-27  be signed and acknowledged by the seller and the buyer.

6-28      [3.] (c) If no document of title has been issued by any public

6-29  authority, a statement containing all the information and signed and

6-30  acknowledged in the manner required by subparagraph (2) of

6-31  paragraph (b) . [of subsection 2.]

6-32      2.  Remit to the Department the fee set forth in NRS 482.429

6-33  for the processing of an endorsed certificate of title or statement

6-34  submitted to the Department pursuant to this section.

6-35      Sec. 6.  NRS 482.429 is hereby amended to read as follows:

6-36      482.429  For its services under this chapter, the Department

6-37  shall charge and collect the following fees:

 

6-38  For each certificate of title issued for a vehicle

6-39  present or registered in this state... $20.00

6-40  For each duplicate certificate of title issued20.00

6-41  For each certificate of title issued for a vehicle not

6-42  present in or registered in this state. 35.00

6-43  For the processing of each dealer’s or rebuilder’s

6-44  report of sale submitted to the Department   8.25

7-1  For the processing of each long-term lessor’s report

7-2  of lease submitted to the Department$8.25

7-3  For the processing of each endorsed certificate of

7-4  title or statement submitted to the Department upon

7-5  the sale of a used or rebuilt vehicle in this state by a

7-6  person who is not a dealer or rebuilder8.25

 

7-7  H