EXEMPT (Reprinted with amendments adopted on April 21, 2025) FIRST REPRINT A.B. 415 - *AB415_R1* ASSEMBLY BILL NO. 415–ASSEMBLYMEMBERS CARTER, GOULDING; AND DICKMAN MARCH 12, 2025 ____________ JOINT SPONSORS: SENATORS TITUS, TAYLOR; AND LANGE ____________ Referred to Committee on Growth and Infrastructure SUMMARY—Revises provisions governing the towing of motor vehicles. (BDR 43-821) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to motor vehicles; revising provisions governing the disposition of certain vehicles abandoned on public or private property; revising provisions governing the issuance of junk certificates by the Department of Motor Vehicles; revising provisions governing lists of operators of tow cars used by law enforcement agencies; prohibiting the operator of a tow car from falsely reporting the location of the operator or tow car to a law enforcement agency for certain purposes; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law: (1) authorizes certain persons and law enforcement agencies to 1 request the removal of a vehicle that has been abandoned on public or private 2 property; and (2) requires the person who requests such a removal to inquire into 3 whether the vehicle was stolen and the identity of the vehicle’s owner. (NRS 4 487.230, 487.235) Existing law requires a person who removed an abandoned 5 vehicle to notify the registered owner and any person having a security interest in 6 the vehicle by registered or certified mail that the vehicle has been removed and 7 will be junked, dismantled or otherwise disposed of unless the owner or the person 8 having the security interest responds and pays the costs of removal. (NRS 487.250) 9 Existing law additionally requires a tow operator to notify the registered and legal 10 owner of a vehicle if the vehicle was towed and placed in storage at the request of 11 someone other than the owner or the owner’s authorized agent. (NRS 706.4479) 12 – 2 – - *AB415_R1* Existing law authorizes the Department of Motor Vehicles to issue a junk 13 certificate to a tow operator or automobile wrecker for a vehicle that: (1) has been 14 discarded or abandoned; (2) has been ruined, wrecked, dismantled or rendered 15 inoperative; (3) is unfit for further use in accordance with the vehicle’s original 16 purpose; (4) is unregistered or is not reclaimed by the registered owner or person 17 having a security interest in the vehicle within a certain period of time; and (5) has 18 value principally as scrap which does not exceed $200. (NRS 487.260) Section 4 of 19 this bill increases the value of a vehicle for which a junk certificate may be issued 20 to include a vehicle which has value principally as scrap which does not exceed 21 $500. Section 4 authorizes the Department to issue a junk certificate for a vehicle 22 that is appraised as a junk vehicle by an automobile wrecker or tow operator in 23 accordance with regulations prescribed by the Department. Sections 1 and 2 of this 24 bill authorize certain persons, with respect to an abandoned, unregistered vehicle 25 which appears likely to be appraised as a junk vehicle and for which the identity of 26 the owner is not known or readily ascertainable, to affix to the vehicle a notice that 27 if the abandoned vehicle is not removed from the public or private property within 28 7 days, the vehicle is subject to being junked, dismantled or otherwise disposed of. 29 Sections 1 and 2 require the notice to include certain information, including that 30 the owner of the vehicle may request an expedited hearing in the local justice court 31 to contest the classification of the vehicle as an abandoned junk vehicle. If the 32 notice is affixed to certain unregistered vehicles which are appraised as junk 33 vehicles, sections 1-5 of this bill excuse the person or law enforcement agency that 34 authorized the removal of the vehicle and the tow operator who removed the 35 vehicle from other provisions requiring such persons to make inquiries into the 36 identity of the owner of the vehicle and provide the owner with certain notice 37 regarding the removal of the vehicle. Section 4 requires the person or law 38 enforcement agency that authorized the removal of the vehicle to provide the 39 contact information of the automobile wrecker or tow operator who removed the 40 vehicle if contacted by the vehicle’s owner. 41 Existing law prohibits a law enforcement agency that maintains and uses a list 42 of tow cars which are called by that agency to provide towing from including an 43 operator of a tow car on that list unless the operator meets certain requirements. 44 Existing law prohibits the Nevada Highway Patrol from removing an operator of a 45 tow car from the list used by the Nevada Highway Patrol solely on the ground that 46 the operator is insured under the same policy of insurance as one other operator of a 47 tow car who is included on the list and operates in the same geographical area. 48 (NRS 706.4485) 49 Section 6 of this bill: (1) expands the applicability of this prohibition to all law 50 enforcement agencies; and (2) prohibits an operator of a tow car from using any 51 software, device or other means to falsely report the location of the operator or tow 52 car to a law enforcement agency or any agent of a law enforcement agency for the 53 purpose of securing a request from the law enforcement agency to provide towing 54 services. Section 6 requires a law enforcement agency to remove an operator of a 55 tow car from the list used by the law enforcement agency for 1 year if the operator 56 violates that prohibition. 57 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 487.230 is hereby amended to read as follows: 1 487.230 1. Except as otherwise provided in NRS 487.235, 2 any sheriff or designee of a sheriff, constable, member of the 3 – 3 – - *AB415_R1* Nevada Highway Patrol, officer of the Legislative Police, 1 investigator of the Division of Compliance Enforcement of the 2 Department, personnel of the Capitol Police Division of the 3 Department of Public Safety, designated employees of the Housing 4 Division of the Department of Business and Industry, special 5 investigator employed by the office of a district attorney, marshal or 6 police officer of a city or town or his or her designee, a marshal or 7 park ranger who is part of a unit of specialized law enforcement 8 established pursuant to NRS 280.125, or any other person charged 9 with the enforcement of county or city ordinances who has reason to 10 believe that a vehicle has been abandoned on public property in his 11 or her jurisdiction may remove the vehicle from that property or 12 cause the vehicle to be removed from that property. At the request 13 of the owner or person in possession or control of private property 14 who has reason to believe that a vehicle has been abandoned on his 15 or her property, the vehicle may be removed by the operator of a 16 tow car or an automobile wrecker from that private property. 17 2. [A] Except as otherwise provided in NRS 487.260, a person 18 who authorizes the removal of an abandoned vehicle pursuant to 19 subsection 1 shall: 20 (a) Have the vehicle taken to the nearest garage or other place 21 designated for storage by: 22 (1) The state agency or political subdivision making the 23 request if the vehicle is removed from public property. 24 (2) The owner or person in possession or control of the 25 property if the vehicle is removed from private property. 26 (b) Make all practical inquiries to ascertain if the vehicle is 27 stolen by checking the license plate number, vehicle identification 28 number and other available information which will aid in identifying 29 the registered and legal owner of the vehicle and supply the 30 information to the person who is storing the vehicle. 31 3. If: 32 (a) The vehicle appears likely to be appraised as a junk 33 vehicle; 34 (b) The vehicle is not registered with the Department and it is 35 not readily ascertainable whether the vehicle is registered in any 36 other state; and 37 (c) The identity of the owner of the vehicle is not known or 38 readily ascertainable, 39 an operator of a tow car, an automobile wrecker or, in the case 40 of a vehicle abandoned on public property, a state agency or 41 political subdivision, may, before the removal of a vehicle 42 pursuant to this section, affix a notice to the vehicle stating that 43 the vehicle, if not removed from the property within 7 days, is 44 subject to being junked, dismantled or otherwise disposed of 45 – 4 – - *AB415_R1* without further notice. The notice must state the date and time that 1 the notice was affixed to the vehicle and that the owner of the 2 vehicle may, at any time before the vehicle is removed from 3 the property, request an expedited hearing in the justice court of 4 the township where the property on which the vehicle was 5 purportedly abandoned is located to contest the classification of 6 the vehicle as an abandoned junk vehicle. 7 4. As used in this section, “junk vehicle” has the meaning 8 ascribed to it in NRS 487.260. 9 Sec. 2. NRS 487.235 is hereby amended to read as follows: 10 487.235 1. [If] Except as otherwise provided in NRS 11 487.260, if a sheriff’s office or other law enforcement agency 12 discovers that, or receives notification that, a vehicle has been 13 abandoned on public lands, the sheriff’s office or other law 14 enforcement agency shall: 15 (a) Make all practical inquiries to ascertain if the vehicle is 16 stolen by checking the license plate number, vehicle identification 17 number and other available information which will aid in identifying 18 the owner of the vehicle; and 19 (b) If the vehicle has not been reported as stolen and the 20 sheriff’s office or other law enforcement agency is able to determine 21 the identity of the owner of the vehicle, notify the Department of 22 those facts. 23 2. Upon the receipt of a notice from a sheriff’s office or other 24 law enforcement agency pursuant to paragraph (b) of subsection 1 25 and if the registration of the vehicle has not expired, the Department 26 shall send by registered or certified mail, return receipt requested, a 27 written notice to the owner of the vehicle stating that the owner 28 must remove or cause the vehicle to be removed from the public 29 lands within 30 days after the date on which the notice was sent. 30 3. If an owner receives a notice pursuant to subsection 2, the 31 owner may submit to the Department an affidavit which states that 32 the owner has taken action which meets the requirements of 33 paragraph (a) or (b) of subsection 2 of NRS 487.220. If the owner 34 submits such an affidavit, the Department: 35 (a) Shall maintain a record of the affidavit; and 36 (b) Shall not suspend the registration of each vehicle currently 37 registered to that owner as otherwise required by subsection 4. 38 4. If an owner: 39 (a) Receives a notice pursuant to subsection 2; 40 (b) Fails to remove or cause the vehicle to be removed within 41 the 30-day period set forth in that notice; and 42 (c) Does not submit an affidavit as described in subsection 3, 43 the Department shall suspend the registration of each vehicle 44 currently registered to the owner pursuant to chapter 482 of NRS. 45 – 5 – - *AB415_R1* For the purposes of this subsection, the determination of the 1 sheriff’s office or other law enforcement agency that notified the 2 Department pursuant to paragraph (b) of subsection 1 is conclusive 3 as to whether the abandoned vehicle was removed within the 30-day 4 period. 5 5. If the registration of a vehicle is suspended pursuant to 6 subsection 4, the Department shall reinstate the registration upon 7 receipt from the registered owner of the vehicle of: 8 (a) An affidavit setting forth that the registered owner caused the 9 removal and disposition of, or proof that the registered owner paid 10 the cost of removal and disposition of, the vehicle discovered 11 abandoned upon public lands; and 12 (b) If applicable, proof that the registered owner redeemed any 13 lien placed pursuant to NRS 487.270 on the vehicle discovered 14 abandoned on public lands. 15 6. If a vehicle has been abandoned on public lands and: 16 (a) The vehicle appears likely to be appraised as a junk 17 vehicle; 18 (b) The vehicle is not registered with the Department and it is 19 not readily ascertainable whether the vehicle is registered in any 20 other state; and 21 (c) The identity of the owner of the vehicle is not known or 22 readily ascertainable, 23 the sheriff’s office or other law enforcement agency, an 24 operator of a tow car or an automobile wrecker may, before the 25 removal of the vehicle, affix a notice to the vehicle stating that the 26 vehicle, if not removed from the property within 7 days, is subject 27 to being junked, dismantled or otherwise disposed of without 28 further notice. The notice must state the date and time that the 29 notice was affixed to the vehicle and state that the owner of the 30 vehicle may, at any time before the vehicle is removed from 31 the property, request an expedited hearing in the justice court of 32 the township where the property on which the vehicle was 33 purportedly abandoned is located to contest the classification of 34 the vehicle as an abandoned junk vehicle. 35 7. If a sheriff’s office or other law enforcement agency is 36 notified by a person or another governmental entity that a vehicle 37 has been abandoned on public lands, the sheriff’s office or other law 38 enforcement agency shall, insofar as practicable and authorized by 39 law, inform the person or entity making such notification of the 40 actions taken by the sheriff’s office or other law enforcement 41 agency pursuant to this section. 42 8. As used in this section, “junk vehicle” has the meaning 43 ascribed to it in NRS 487.260. 44 – 6 – - *AB415_R1* Sec. 3. NRS 487.250 is hereby amended to read as follows: 1 487.250 1. The state agency or political subdivision shall, 2 within 48 hours after the appraisal, notify the head of the state 3 agency of the removal of the vehicle. The notice must contain: 4 (a) A description of the vehicle. 5 (b) The appraised value of the vehicle. 6 (c) A statement as to whether the vehicle will be junked, 7 dismantled or otherwise disposed of. 8 2. [The] Except as otherwise provided in NRS 487.260, the 9 person who removed the vehicle must notify the registered owner 10 and any person having a security interest in the vehicle by registered 11 or certified mail that the vehicle has been removed and will be 12 junked or dismantled or otherwise disposed of unless the registered 13 owner or the person having a security interest in the vehicle 14 responds and pays the costs of removal. 15 3. Failure to reclaim within 15 days after notification a vehicle 16 appraised at $500 or less constitutes a waiver of interest in the 17 vehicle by any person having an interest in the vehicle. 18 4. If all recorded interests in a vehicle appraised at $500 or less 19 are waived, either as provided in subsection 3 or by written 20 disclaimer by any person having an interest in the vehicle, the state 21 agency, except as otherwise provided in subsection 3 of NRS 22 487.100, shall issue a salvage title pursuant to NRS 487.810 to the 23 automobile wrecker who towed the vehicle or to whom the vehicle 24 may have been delivered, or a certificate of title to the garage owner 25 if the garage owner elects to retain the vehicle and the vehicle is 26 equipped as required by chapter 484D of NRS. 27 Sec. 4. NRS 487.260 is hereby amended to read as follows: 28 487.260 1. If the vehicle is appraised at a value of more than 29 $500, the state agency or political subdivision shall dispose of it as 30 provided in NRS 487.270. 31 2. If the vehicle is appraised as a junk vehicle [,] by the 32 Department, or by an automobile wrecker or tow operator 33 pursuant to such regulations as the Department may prescribe, the 34 Department may issue a junk certificate to the automobile wrecker 35 or tow operator who removed the vehicle. 36 3. If a notice is affixed to a vehicle pursuant to subsection 3 37 of NRS 487.230 or subsection 6 of NRS 487.235, the vehicle is not 38 registered with the Department, it is not readily ascertainable 39 whether the vehicle is registered in any other state and the vehicle 40 is appraised as a junk vehicle, the automobile wrecker or tow 41 operator who removed the vehicle: 42 (a) Shall notify the person or law enforcement agency that 43 authorized the removal of the vehicle of that fact, and the person 44 or agency: 45 – 7 – - *AB415_R1* (1) Is relieved of the duty to: 1 (I) Make inquiries to ascertain if the vehicle is stolen or 2 determine the identity of the owner of the vehicle pursuant to NRS 3 487.230 or 487.235; or 4 (II) Provide notice to the registered owner and any 5 person having a security interest in the vehicle pursuant to 6 subsection 2 of NRS 487.250. 7 (2) Shall, if contacted by the owner of the vehicle, provide 8 the owner with the contact information of the automobile wrecker 9 or tow operator who removed the vehicle. 10 (b) Is not required to obtain the identity of or attempt to notify 11 the owner pursuant to NRS 706.4479. 12 [3.] 4. An automobile wrecker who possesses a junk certificate 13 for a junk vehicle may process the vehicle for parts or scrap metal 14 pursuant to NRS 487.105. 15 [4.] 5. A vehicle for which a junk certificate has been issued 16 may be sold to an automobile wrecker by the person to whom the 17 junk certificate was issued by the seller’s endorsement on the 18 certificate. Except as otherwise provided in subsection 3 of NRS 19 487.100, an automobile wrecker who purchases a vehicle for which 20 a junk certificate has been issued shall immediately affix the 21 business name of the automobile wrecker as purchaser to the first 22 available space provided on the reverse side of the certificate. For 23 the purposes of this subsection, such an automobile wrecker is the 24 owner of the junk vehicle. 25 [5.] 6. If insufficient space exists on the reverse side of a junk 26 certificate to transfer the vehicle pursuant to subsection [4,] 5, 27 except as otherwise provided in subsection 3 of NRS 487.100, an 28 automobile wrecker who purchases a junk vehicle for which a junk 29 certificate has been previously issued shall, within 10 days after 30 purchase, apply to the Department for a new junk certificate and 31 surrender the original certificate. 32 [6.] 7. A person who sells a junk vehicle shall maintain, for at 33 least 2 years, a copy of the junk certificate and a record of the name 34 and address of the person from whom the vehicle was acquired and 35 the date thereof. The person shall allow any peace officer or any 36 investigator employed by a state agency to inspect the records 37 during business hours. 38 [7.] 8. An automobile wrecker who processes a junk vehicle 39 for parts or scrap metal shall maintain records as required by 40 NRS 487.170. 41 [8.] 9. As used in this section, “junk vehicle” means a vehicle, 42 including component parts, which: 43 (a) Has been discarded or abandoned; 44 – 8 – - *AB415_R1* (b) Has been ruined, wrecked, dismantled or rendered 1 inoperative; 2 (c) Is unfit for further use in accordance with the original 3 purpose for which it was constructed; 4 (d) Is not registered with the Department or has not been 5 reclaimed by the registered owner or a person having a security 6 interest in the vehicle within 15 days after notification pursuant to 7 NRS 487.250; and 8 (e) Has value principally as scrap which does not exceed [$200.] 9 $500. 10 Sec. 5. NRS 706.4479 is hereby amended to read as follows: 11 706.4479 1. [If] Except as otherwise provided in NRS 12 487.260, if a motor vehicle is towed at the request of someone other 13 than the owner, or authorized agent of the owner, of the motor 14 vehicle, the operator of the tow car shall, in addition to the 15 requirements set forth in the provisions of chapter 108 of NRS: 16 (a) Notify the registered and legal owner of the motor vehicle by 17 certified mail not later than 21 days after placing the motor vehicle 18 in storage if the motor vehicle was towed at the request of a law 19 enforcement officer following a crash involving the motor vehicle or 20 not later than 15 days after placing any other vehicle in storage: 21 (1) Of the location where the motor vehicle is being stored; 22 (2) Whether the storage is inside a locked building, in a 23 secured, fenced area or in an unsecured, open area; 24 (3) Of the charge for towing and storage; 25 (4) Of the date and time the vehicle was placed in storage; 26 (5) Of the actions that the registered and legal owner of the 27 vehicle may take to recover the vehicle while incurring the lowest 28 possible liability in accrued assessments, fees, penalties or other 29 charges; and 30 (6) Of the opportunity to rebut the presumptions set forth in 31 NRS 487.220 and 706.4477. 32 (b) If the identity of the registered and legal owner is not known 33 or readily available, make every reasonable attempt and use all 34 resources reasonably necessary, as evidenced by written 35 documentation, to obtain the identity of the owner and any other 36 necessary information from the agency charged with the registration 37 of the motor vehicle in this State or any other state within: 38 (1) Twenty-one days after placing the motor vehicle in 39 storage if the motor vehicle was towed at the request of a law 40 enforcement officer following a crash involving the motor vehicle; 41 or 42 (2) Fifteen days after placing any other motor vehicle in 43 storage. 44 – 9 – - *AB415_R1* The operator shall attempt to notify the owner of the vehicle by 1 certified mail as soon as possible, but in no case later than 15 days 2 after identification of the owner is obtained for any motor vehicle. 3 2. If an operator includes in the operator’s tariff a fee to be 4 charged to the registered and legal owner of a vehicle for the towing 5 and storage of the vehicle, the fee may not be charged: 6 (a) For more than 21 days after placing the motor vehicle in 7 storage if the motor vehicle was towed at the request of a law 8 enforcement officer following a crash involving the motor vehicle; 9 or 10 (b) For more than 15 days after placing any other vehicle in 11 storage, 12 unless the operator complies with the requirements set forth in 13 subsection 1. 14 3. If a motor vehicle that is placed in storage was towed at the 15 request of a law enforcement officer following a crash involving the 16 motor vehicle or after having been stolen and subsequently 17 recovered, the operator shall not: 18 (a) Satisfy any lien or impose any administrative fee or 19 processing fee with respect to the motor vehicle for the period 20 ending 4 business days after the date on which the motor vehicle 21 was placed in storage; or 22 (b) Impose any fee relating to the auction of the motor vehicle 23 until after the operator complies with the notice requirements set 24 forth in NRS 108.265 to 108.367, inclusive. 25 Sec. 6. NRS 706.4485 is hereby amended to read as follows: 26 706.4485 1. A law enforcement agency that maintains and 27 uses a list of operators of tow cars which are called by that agency 28 to provide towing shall not include an operator of a tow car on the 29 list unless the operator: 30 (a) Holds a certificate of public convenience and necessity 31 issued by the Authority. 32 (b) Complies with all applicable provisions of this chapter and 33 chapters 482 and 484A to 484E, inclusive, of NRS. 34 (c) Agrees to respond in a timely manner to requests for towing 35 made by the agency. 36 (d) Maintains adequate, accessible and secure storage within the 37 State of Nevada for any vehicle that is towed. 38 (e) Complies with all standards the law enforcement agency may 39 adopt to protect the health, safety and welfare of the public. 40 (f) Except as otherwise provided in NRS 706.4489, assesses 41 only rates and charges that have been approved by the Authority for 42 towing services performed without the prior consent of the owner of 43 the vehicle or the person authorized by the owner to operate the 44 vehicle. 45 – 10 – - *AB415_R1* 2. The Authority shall not require that an operator of a tow car 1 charge the same rate to law enforcement agencies for towing 2 services performed without the prior consent of the owner of the 3 vehicle or the person authorized by the owner to operate the vehicle 4 that the operator charges to other persons for such services. 5 3. Except as otherwise provided in this subsection, if an 6 operator of a tow car is included on a list of operators of tow cars 7 that is maintained and used by [the Nevada Highway Patrol] a law 8 enforcement agency pursuant to this section, the [Nevada Highway 9 Patrol] law enforcement agency shall not remove the operator of the 10 tow car from the list, or restrict the operator’s use pursuant thereto, 11 solely on the ground that the operator is insured under the same 12 policy of insurance as one other operator of a tow car who is 13 included on the list and operates in the same geographical area. An 14 operator of a tow car is not eligible for inclusion on the list if the 15 operator is insured under the same policy of insurance as two or 16 more other operators of tow cars who are included on the list and 17 operate in the same geographical area. 18 4. An operator of a tow car shall not use any software, device 19 or other means to falsely report the location of the operator or tow 20 car to a law enforcement agency or any agent of a law 21 enforcement agency for the purpose of securing a request from the 22 law enforcement agency to provide towing services. If an operator 23 of a tow car violates the provisions of this subsection, the law 24 enforcement agency shall remove for 1 year the operator from the 25 list of operators of tow cars that is maintained and used by the law 26 enforcement agency. 27 H