REQUIRES TWO-THIRDS MAJORITY VOTE (§§ 8, 9, 11) S.B. 243 - *SB243* SENATE BILL NO. 243–SENATOR FLORES FEBRUARY 26, 2025 ____________ Referred to Committee on Growth and Infrastructure SUMMARY—Makes various changes relating to motor vehicles. (BDR 43-964) FISCAL NOTE: Effect on Local Government: Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility. 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; authorizing the Department of Motor Vehicles to license certain persons as Class I authorized third parties to provide registration, titling and other services; setting forth the fees and other requirements for licensure as a Class I authorized third party; setting forth the services a Class I or Class II authorized third party may perform; setting forth the fees a Class I or Class II authorized third party may collect for providing such services; requiring the State Department of Conservation and Natural Resources to use consistent terms relating to motor vehicles on certain forms provided by the Department; revising provisions related to towing certain vehicles from a residential complex; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires a person who wishes to engage in the business of a 1 document preparation service to register with the Secretary of State. (NRS 2 240A.100) A document preparation service is a person who, for compensation, 3 provides assistance to a client with certain legal matters, including preparing or 4 completing a pleading, application or other document and submitting a completed 5 document on behalf of a client to a court or administration agency. 6 (NRS 240A.030) 7 This bill authorizes a document preparation service to additionally operate as 8 either a Class I or Class II authorized third party. Sections 5-7 of this bill define 9 terms related to authorized third parties, including the terms “Class I authorized 10 third party” and “Class II authorized third party.” Section 10 of this bill authorizes 11 – 2 – - *SB243* a person to engage in the activities of a Class II authorized third party if the person 12 is registered as a document preparation service and holds a local business license. 13 Section 11 of this bill prohibits a person from acting as a Class I authorized third 14 party without a license issued by the Department of Motor Vehicles and provides 15 the requirements to obtain a license, including, without limitation, being registered 16 as a document preparation service, providing fingerprints and passing a criminal 17 background check. Sections 12-14 of this bill establish: (1) additional requirements 18 to obtain or renew a license as a Class I authorized third party; and (2) grounds for 19 the Department to refuse to issue or renew, or to suspend or revoke a license as a 20 Class I authorized third party. Section 15 of this bill provides the circumstances 21 under which an employee of a Class I authorized third party may provide certain 22 services. Section 16 of this bill requires an authorized third party to obtain and 23 compile any records required by the Department. 24 Section 9 of this bill sets forth the services that a Class I and Class II 25 authorized third party may provide, which are: (1) providing applications for 26 certain motor vehicle and off-highway vehicle registration and titling services; (2) 27 accepting those applications; (3) obtaining on behalf of a customer or, in the case of 28 a Class I authorized third party, issuing certificates of registration, certificates of 29 title, certain license plates, decals and certain permits authorizing the travel on the 30 highways of this State of an unregistered vehicle in certain circumstances; (4) 31 notarizing certain documents; (5) submitting change of address information; (6) 32 accepting license plates that are required to be surrendered to the Department; and 33 (7) submitting information to the Department on behalf of customers claiming 34 certain exemptions from the governmental services tax. Section 9 further: (1) 35 authorizes an authorized third party to charge its customers a convenience fee for 36 its services and sets forth a certain portion of each statutory fee for services which 37 may be retained by a Class I authorized third party; and (2) requires an authorized 38 third party to remit all fees due to the Department and collected by the authorized 39 third party not less than daily. Section 8 of this bill requires the Department to 40 provide a Class I authorized third party: (1) access to those portions of the 41 Department database or other technology systems required to provide the 42 authorized services; (2) training in the provision of such services; and (3) notice of 43 any relevant new regulations, policies or procedures; and (4) the ability to purchase 44 bulk amounts of certificates of registration, certificates or title, certain license 45 plates, decals, permits and other forms. Section 9 further requires the Department 46 to provide a Class II authorized third party: (1) access to make certain appointments 47 with the Department; (2) access to a separate window at each office of the 48 Department in an incorporated city whose population is 500,000 or more (currently 49 the City of Las Vegas); and (3) a written summary of certain policies and 50 procedures of the Department and the rights and responsibilities of Class II 51 authorized third parties. 52 Sections 1-4 and 17-78 of this bill make conforming changes authorizing an 53 authorized third party to perform certain services and duties designated to the 54 Department of a registered dealer under existing law consistent with sections 5-16. 55 Existing law requires that certain motor vehicles be tested for emissions in 56 certain counties in this State. (NRS 445B.770-445B.815) As part of the emissions 57 testing program, the Department collects fees for each set of forms purchased for 58 use to certify emission control compliance. (NRS 445B.830) Section 79 of this bill 59 requires the State Department of Conservation and Natural Resources to ensure that 60 such forms use the same terms regarding the make, model and features of a vehicle 61 as any other forms of the Department that are used for vehicle inspections. 62 Existing law imposes certain requirements on the towing of a vehicle from a 63 residential complex when the tow is at the request of a person other than the owner 64 of the vehicle. (NRS 706.4477) Section 80 of this bill requires a tow operator who 65 has been requested by the owner of the real property where the residential complex 66 – 3 – - *SB243* is located, or an authorized agent of the owner, to tow a vehicle from the residential 67 complex based on a lack of registration of the vehicle to independently verify the 68 registration status of the vehicle before towing the vehicle. Under section 80, a tow 69 operator who fails to comply with that requirement is responsible for the cost of the 70 towing and storage of the vehicle. 71 Section 81 of this bill requires the Legislative Auditor to conduct an audit of 72 the Department which measures the accuracy and average time of completion of 73 transactions involving certain services that the Department of Motor Vehicles or an 74 agent of the Department may provide. The Legislative Auditor is required to 75 present a final written report to the Audit Subcommittee of the Legislative 76 Commission not later than July 1, 2026. 77 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 481.015 is hereby amended to read as follows: 1 481.015 1. Except as otherwise provided in this subsection, 2 as used in this title, unless the context otherwise requires, 3 “certificate of title” means the document issued by the Department 4 or a Class I authorized third party that identifies the legal owner of 5 a vehicle and contains the information required pursuant to 6 subsection 2 of NRS 482.245. The definition set forth in this 7 subsection does not apply to chapters 488 and 489 of NRS. 8 2. Except as otherwise provided in chapter 480 of NRS, NRS 9 484C.600 to 484C.640, inclusive, 486.363 to 486.375, inclusive, 10 and chapter 488 of NRS, as used in this title, unless the context 11 otherwise requires: 12 (a) “Department” means the Department of Motor Vehicles. 13 (b) “Director” means the Director of the Department. 14 3. As used in this title: 15 (a) “Civil infraction” means a violation of any provision of 16 chapters 483 to 484E, inclusive, 486 or 490 of NRS that is not 17 punishable as a misdemeanor, gross misdemeanor or felony. 18 (b) “Full legal name” means a natural person’s first name, 19 middle name and family name or last name, without the use of 20 initials or a nickname. The term includes a full legal name that has 21 been changed pursuant to the provisions of NRS 483.375 or 22 483.8605. 23 Sec. 2. NRS 481.048 is hereby amended to read as follows: 24 481.048 1. The Director shall appoint, within the limits of 25 legislative appropriations, investigators for the Division of 26 Compliance Enforcement. 27 2. The duties of the investigators are to travel the State and: 28 (a) Act as investigators in the enforcement of the provisions of 29 chapters 482, 487 and 490 of NRS, NRS 108.265 to 108.367, 30 inclusive, and 108.440 to 108.500, inclusive, as those sections 31 – 4 – - *SB243* pertain to motor vehicles, trailers, motorcycles, recreational vehicles 1 and semitrailers, as defined in chapter 482 of NRS, and off-highway 2 vehicles, as defined in NRS 490.060. 3 (b) Act as advisers to any business licensed by the Department 4 in connection with any problems arising under the provisions of 5 chapters 108, 482, 483, 487 and 490 of NRS. 6 (c) Advise and assist personnel of the Nevada Highway Patrol in 7 the enforcement of traffic laws and motor vehicle registration laws 8 as they pertain to any business licensed by the Department. 9 (d) Act as investigators in the enforcement of the provisions of 10 NRS 483.700 to 483.780, inclusive, relating to the licensing of 11 schools and instructors for training drivers. 12 (e) Act as investigators in the enforcement of the provisions of 13 sections 5 to 16, inclusive, of this act relating to authorized third 14 parties, as defined in section 5 of this act. 15 (f) Exercise their police powers in the enforcement of the laws 16 of this State to prevent acts of fraud or other abuses in connection 17 with the provision of services offered to the public by the 18 Department. 19 [(f)] (g) Perform such other duties as may be imposed by the 20 Director. 21 Sec. 3. NRS 481.063 is hereby amended to read as follows: 22 481.063 1. The Director may charge and collect reasonable 23 fees for official publications of the Department and from persons 24 making use of files and records of the Department or its various 25 divisions for a private purpose. All money so collected must be 26 deposited in the State Treasury for credit to the Motor Vehicle Fund. 27 2. Except as otherwise provided in subsection [6,] 7, the 28 Director may release personal information, except a photograph, 29 from a file or record relating to the driver’s license, identification 30 card, or title or registration of a vehicle of a person if the requester 31 submits a written release from the person who holds a lien on the 32 vehicle, or an agent of that person, or the person about whom the 33 information is requested which is dated not more than 90 days 34 before the date of the request. The written release must be in a form 35 required by the Director. 36 3. Except as otherwise provided in subsections 2 and [4,] 5, the 37 Director shall not release to any person who is not a representative 38 of the Division of Welfare and Supportive Services of the 39 Department of Health and Human Services or an officer, employee 40 or agent of a law enforcement agency, an agent of the public 41 defender’s office or an agency of a local government which collects 42 fines imposed for parking violations, who is not conducting an 43 investigation pursuant to NRS 253.0415 or 253.220, who is not 44 authorized to transact insurance pursuant to chapter 680A of NRS or 45 – 5 – - *SB243* who is not licensed as a private investigator pursuant to chapter 648 1 of NRS and conducting an investigation of an insurance claim: 2 (a) A list which includes license plate numbers combined with 3 any other information in the records or files of the Department; 4 (b) The social security number of any person, if it is requested to 5 facilitate the solicitation of that person to purchase a product or 6 service; or 7 (c) The name, address, telephone number or any other 8 personally identifiable information if the information is requested by 9 the presentation of a license plate number. 10 When such personally identifiable information is requested of a 11 law enforcement agency by the presentation of a license plate 12 number, the law enforcement agency shall conduct an investigation 13 regarding the person about whom information is being requested or, 14 as soon as practicable, provide the requester with the requested 15 information if the requester officially reports that the motor vehicle 16 bearing that license plate was used in a violation of NRS 205.240, 17 205.345, 205.380 or 205.445. 18 4. The Director may allow access by a Class I authorized 19 third party to those portions of the Department database or other 20 technology system required to perform the services which the 21 authorized third party is authorized to perform pursuant to section 22 8 of this act. 23 5. If a person is authorized to obtain [such] the personally 24 identifiable information described in subsection 3 pursuant to a 25 contract entered into with the Department and if such information is 26 requested for the purpose of an advisory notice relating to a motor 27 vehicle or the recall of a motor vehicle or for the purpose of 28 providing information concerning the history of a vehicle, the 29 Director may release: 30 (a) A list which includes license plate numbers combined with 31 any other information in the records or files of the Department; or 32 (b) The name, address, telephone number or any other 33 personally identifiable information if the information is requested by 34 the presentation of a license plate number. 35 [5.] 6. Except as otherwise provided in subsections 2, [4, 6, 7] 36 5, 7, 8 and [11] 12 and NRS 483.294, 483.855 and 483.937, the 37 Director shall not release any personal information from a file or 38 record relating to a driver’s license, identification card, or title or 39 registration of a vehicle. 40 [6.] 7. Except as otherwise provided in paragraph (a) and 41 subsections [8] 9 and [11,] 12, if a person or governmental entity 42 provides a description of the information requested and its proposed 43 use and signs an affidavit to that effect, the Director may release any 44 personal information, except a photograph, from a file or record 45 – 6 – - *SB243* relating to a driver’s license, identification card, or title or 1 registration of a vehicle for use: 2 (a) By any governmental entity, including, but not limited to, 3 any court or law enforcement agency, in carrying out its functions, 4 or any person acting on behalf of a federal, state or local 5 governmental agency in carrying out its functions. The personal 6 information may include a photograph from a file or record relating 7 to a driver’s license, identification card, or title or registration of a 8 vehicle. 9 (b) In connection with any civil, criminal, administrative or 10 arbitration proceeding before any federal or state court, regulatory 11 body, board, commission or agency, including, but not limited to, 12 use for service of process, investigation in anticipation of litigation, 13 and execution or enforcement of judgments and orders, or pursuant 14 to an order of a federal or state court. 15 (c) In connection with matters relating to: 16 (1) The safety of drivers of motor vehicles; 17 (2) Safety and thefts of motor vehicles; 18 (3) Emissions from motor vehicles; 19 (4) Alterations of products related to motor vehicles; 20 (5) An advisory notice relating to a motor vehicle or the 21 recall of a motor vehicle; 22 (6) Monitoring the performance of motor vehicles; 23 (7) Parts or accessories of motor vehicles; 24 (8) Dealers of motor vehicles; or 25 (9) Removal of nonowner records from the original records 26 of motor vehicle manufacturers. 27 (d) Except as otherwise provided in subsection 6 of NRS 28 482.2175, by any insurer, self-insurer or organization that provides 29 assistance or support to an insurer or self-insurer or its agents, 30 employees or contractors, in connection with activities relating to 31 the rating, underwriting or investigation of claims or the prevention 32 of fraud. 33 (e) In providing notice to the owners of vehicles that have been 34 towed, repossessed or impounded. 35 (f) By an employer or its agent or insurer to obtain or verify 36 information relating to a holder of a commercial driver’s license 37 who is employed by or has applied for employment with the 38 employer. 39 (g) By a private investigator, private patrol officer or security 40 consultant who is licensed pursuant to chapter 648 of NRS, for any 41 use permitted pursuant to this section. 42 (h) By a reporter or editorial employee who is employed by or 43 affiliated with any newspaper, press association or commercially 44 operated, federally licensed radio or television station for a 45 – 7 – - *SB243* journalistic purpose. The Department may not make any inquiries 1 regarding the use of or reason for the information requested other 2 than whether the information will be used for a journalistic purpose. 3 (i) In connection with an investigation conducted pursuant to 4 NRS 253.0415 or 253.220. 5 (j) In activities relating to research and the production of 6 statistical reports, if the personal information will not be published 7 or otherwise redisclosed, or used to contact any person. 8 [7.] 8. Upon the request of a court or its traffic violations 9 bureau, the Director shall release the mailing address and contact 10 information of a person who has been issued a traffic citation that is 11 filed with the court or traffic violations bureau from a file or record 12 relating to the driver’s license of the person or the title or 13 registration of the person’s vehicle for the purpose of enabling the 14 court or traffic violations bureau to provide notifications concerning 15 the traffic citation to the person. 16 [8.] 9. Except as otherwise provided in paragraph (j) of 17 subsection [6,] 7, the Director shall not provide personal information 18 to individuals or companies for the purpose of marketing extended 19 vehicle warranties, and a person who requests and receives personal 20 information may sell or disclose that information only for a use 21 permitted pursuant to subsection [6.] 7. Such a person shall keep and 22 maintain for 5 years a record of: 23 (a) Each person to whom the information is provided; and 24 (b) The purpose for which that person will use the information. 25 The record must be made available for examination by the 26 Department at all reasonable times upon request. 27 [9.] 10. Except as otherwise provided in subsection 2, the 28 Director may deny any use of the files and records if the Director 29 reasonably believes that the information taken may be used for an 30 unwarranted invasion of a particular person’s privacy. 31 [10.] 11. Except as otherwise provided in NRS 485.316, the 32 Director shall not allow any person to make use of information 33 retrieved from the system created pursuant to NRS 485.313 for a 34 private purpose and shall not in any other way release any 35 information retrieved from that system. 36 [11.] 12. The Director shall not release any personal 37 information from a file or record relating to a license, identification 38 card or title or registration of a vehicle to any person or to any 39 federal, state or local governmental entity for any purpose relating to 40 the enforcement of immigration laws unless the requester submits a 41 written release from the person about whom the information is 42 requested or the Director releases the personal information pursuant 43 to a lawful order, subpoena or warrant issued by a court of 44 competent jurisdiction. If the Director releases personal information 45 – 8 – - *SB243* pursuant to this subsection in response to an order, subpoena or 1 warrant, the Director shall not release personal information beyond 2 what is specifically required to comply with the order, subpoena or 3 warrant. 4 [12.] 13. The Director shall adopt such regulations as the 5 Director deems necessary to carry out the purposes of this section. 6 In addition, the Director shall, by regulation, establish a procedure 7 whereby a person who is requesting personal information may 8 establish an account with the Department to facilitate the person’s 9 ability to request information electronically or by written request if 10 the person has submitted to the Department proof of employment or 11 licensure, as applicable, and a signed and notarized affidavit 12 acknowledging that the person: 13 (a) Has read and fully understands the current laws and 14 regulations regarding the manner in which information from the 15 Department’s files and records may be obtained and the limited uses 16 which are permitted; 17 (b) Understands that any sale or disclosure of information so 18 obtained must be in accordance with the provisions of this section; 19 (c) Understands that a record will be maintained by the 20 Department of any information he or she requests; and 21 (d) Understands that a violation of the provisions of this section 22 is a criminal offense. 23 [13.] 14. It is unlawful for any person to: 24 (a) Make a false representation to obtain any information from 25 the files or records of the Department. 26 (b) Knowingly obtain or disclose any information from the files 27 or records of the Department for any use not permitted by the 28 provisions of this chapter. 29 [14.] 15. As used in this section: 30 (a) “Personal information” means information that reveals the 31 identity of a person, including, without limitation, his or her 32 photograph, social security number, individual taxpayer 33 identification number, driver’s license number, identification card 34 number, name, address, telephone number or information regarding 35 a medical condition or disability. The term does not include the zip 36 code of a person when separate from his or her full address, 37 information regarding vehicular crashes or driving violations in 38 which he or she has been involved or other information otherwise 39 affecting his or her status as a driver. 40 (b) “Vehicle” includes, without limitation, an off-highway 41 vehicle as defined in NRS 490.060. 42 – 9 – - *SB243* Sec. 4. Chapter 482 of NRS is hereby amended by adding 1 thereto the provisions set forth as sections 5 to 16, inclusive, of this 2 act. 3 Sec. 5. “Authorized third party” includes: 4 1. A Class I authorized third party. 5 2. A Class II authorized third party. 6 Sec. 6. “Class I authorized third party” means a person who, 7 for compensation, performs the services listed in section 9 of this 8 act, including, without limitation, the issuance at his or her 9 physical place of business the items listed in paragraph (b) of 10 subsection 1 of section 9 of this act. 11 Sec. 7. “Class II authorized third party” means a person 12 who, for compensation, performs the services listed in section 9 of 13 this act, except the person does not issue at his or her place 14 of business the items listed in paragraph (b) of subsection 1 of 15 section 9 of this act and instead obtains those items on behalf of a 16 customer only by visiting an office of the Department or a physical 17 place of business operated by a Class I authorized third party. 18 Sec. 8. 1. The Department shall provide a Class I 19 authorized third party: 20 (a) Access to those portions of the Department database or 21 other technology systems required to perform the services which a 22 Class I authorized third party is authorized to perform pursuant to 23 section 9 of this act. 24 (b) Access to training for the Class I authorized third party 25 and his or her employees on those policies and procedures of the 26 Department that are relevant to providing the services authorized 27 in section 9 of this act, including, without limitation, training 28 regarding accessing portions of the Department database or other 29 technology systems pursuant to paragraph (a). As part of the 30 training the Department shall provide the Class I authorized third 31 party a written summary of the rights and responsibilities of the 32 Class I authorized third party, including, without limitation, those 33 rights and responsibilities related to bulk appointments. The 34 Department may charge the Class I authorized third party a 35 reasonable fee for such training. 36 (c) Notice of any regulations, policies or procedures and any 37 amendments to such regulations, policies or procedures 38 concerning authorized third parties or the services which an 39 authorized third party is authorized to provide pursuant to section 40 9 of this act not less than 30 days before such regulations, policies, 41 procedures or amendments become effective. 42 (d) Except as otherwise provided in this subsection, the ability 43 to purchase from the Department bulk amounts of: 44 (1) Certificates of registration; 45 – 10 – - *SB243* (2) Certificates of title; 1 (3) License plates, including special license places, but not 2 personalized prestige license plates issued pursuant to 3 NRS 482.3667; 4 (4) Decals; 5 (5) Permits; and 6 (6) Forms related to the services that a Class I authorized 7 third party is authorized to provide pursuant to section 9 of this 8 act. 9 2. The Department shall provide a Class II authorized third 10 party: 11 (a) Access to appointments, including, without limitation, bulk 12 appointments, through any electronic or digital system in use by 13 the Department that allows a customer to make an appointment 14 for services at an office of the Department. 15 (b) Access to the standing appointment window and the 16 standby window at an office of the Department. 17 (c) A written summary of: 18 (1) Any policies and procedures of the Department that are 19 relevant to providing the services authorized in section 9 of this 20 act; 21 (2) The rights and responsibilities of the Class II authorized 22 third party, including, without limitation, those rights and 23 responsibilities related to bulk appointments. 24 3. The services authorized in section 9 of this act may be 25 provided: 26 (a) By a Class I authorized third party: 27 (1) By visiting an office of the Department or the Internet 28 website of the Department on behalf of a customer; or 29 (2) At a physical location operated by the Class I authorized 30 third party. 31 (b) By a Class II authorized third party: 32 (1) By visiting an office of the Department or the Internet 33 website of the Department on behalf of a customer; or 34 (2) By visiting a physical location operated by a Class I 35 authorized third party on behalf of a customer. 36 4. An authorized third party may operate an Internet website 37 or application to provide information to or accept information or 38 direction from a customer. 39 5. As used in this section: 40 (a) “Bulk appointments” means a series of two or more 41 consecutive appointments on the same day at an office of the 42 Department. 43 (b) “Standing appointment window” and “standby window” 44 mean windows at each office of the Department located in an 45 – 11 – - *SB243* incorporated city whose population is 500,000 or more for use by 1 an authorized third party. 2 Sec. 9. 1. Except as otherwise provided in this section and 3 section 8 of this act, an authorized third party may provide the 4 following services: 5 (a) Provide to and accept from a customer an application for: 6 (1) Registration, renewal of registration, transfer of 7 registration and reinstatement of registration of a motor vehicle or 8 an off-highway vehicle; 9 (2) A certificate of title, transfer of title and a duplicate or 10 substitute certificate of title; 11 (3) License plates, including, without limitation, special 12 license plates, duplicate number plates and substitute number 13 plates; and 14 (4) A permit to operate a vehicle authorized in 15 NRS 482.396. 16 (b) Obtain on behalf of an applicant or, in the case of a Class I 17 authorized third party, issue to an applicant who satisfies the 18 requirements of this chapter or chapter 490 of NRS, as applicable: 19 (1) A certificate of registration, including, without 20 limitation, a duplicate or substitute certificate of registration; 21 (2) A certificate of title, including, without limitation, a 22 duplicate or substitute certificate of title; 23 (3) License plates; 24 (4) A decal or a substitute decal for a license plate; and 25 (5) A permit to operate a vehicle pursuant to NRS 482.396. 26 (c) Notarize documents required to be notarized by this 27 chapter, provided that such services are provided by a notary 28 public appointed by the Secretary of State pursuant to 29 NRS 240.010. 30 (d) Submit change of address information to the Department 31 on behalf of a customer of the authorized third party. 32 (e) Accept license plates that are required to be surrendered to 33 the Department. The authorized third party must deliver the 34 license plates to the Department within 5 business days after 35 receipt. 36 (f) Submit information to the Department regarding a 37 customer who has claimed an exemption pursuant to NRS 38 371.101, transferred an exemption pursuant to NRS 371.103, 39 made a payment pursuant to NRS 371.1035 or file an affidavit 40 pursuant to NRS 371.104. 41 2. Except as otherwise provided in subsection 4, an 42 authorized third party must collect for each service provided the 43 fees required by this chapter or chapter 490, as applicable, 44 including, without limitation, all applicable governmental services 45 – 12 – - *SB243* taxes, and remit those fees and taxes to the Department not less 1 than daily. 2 3. An authorized third party may: 3 (a) Collect and retain for each service provided a reasonable 4 convenience fee; and 5 (b) Add the cost for expedited processing of services if 6 requested by the applicant. 7 4. A Class I authorized third party may retain from the fees 8 required by this chapter or chapter 490 of NRS, as applicable, and 9 collected by the Class I authorized third party: 10 (a) Two dollars for each issuance of: 11 (1) A certificate of registration. 12 (2) License plates, including special license plates. 13 (3) A certificate of title. 14 (4) A permit to operate a vehicle pursuant to NRS 482.396. 15 (b) One dollar for each issuance of: 16 (1) A duplicate or substitute certificate of registration. 17 (2) Substitute number plates. 18 (3) Duplicate number plates. 19 5. An authorized third party must post the fees authorized by 20 this section, along with fees required by this chapter or chapter 21 490 of NRS, as applicable, for each service provided by the 22 authorized third party: 23 (a) For a Class I authorized third party, in every physical 24 location where the authorized third party provides services; and 25 (b) On the Internet website of the authorized third party, if 26 applicable. 27 6. Fees posted pursuant to subsection 5 must be broken down 28 into the following categories: 29 (a) Fees required by the Department or by statute, including, 30 without limitation, any fee retained pursuant to subsection 4. 31 (b) Convenience fees charged by the authorized third party. 32 (c) The fee for expedited service, if applicable. 33 7. If at any time a Class I authorized third party is unable to 34 account for an unissued certificate of registration, certificate of 35 title, license plate, decal or permit, the authorized third party must 36 immediately pay to the Department an amount established by the 37 Department by regulation. 38 8. An authorized third party may not provide any of the 39 services authorized in subsection 1 for: 40 (a) Autonomous vehicles, as defined in NRS 482A.030. 41 (b) Vehicles required to be registered through the Motor 42 Carrier Division of the Department. 43 (c) Vehicles required to be registered pursuant to chapter 706 44 of NRS. 45 – 13 – - *SB243* (d) An abandoned recreational vehicle pursuant to 1 NRS 482.262. 2 9. An authorized third party may provide any of the services 3 authorized in subsection 1 for: 4 (a) Vehicles owned by a short-term lessor. 5 (b) Specially constructed, reconstructed, rebuilt or foreign 6 vehicles. 7 (c) A replica vehicle or military tactical vehicle, as those terms 8 are defined in NRS 445B.759. 9 (d) A person seeking a certificate of title pursuant to NRS 10 482.2605 or a salvage title pursuant to NRS 487.820. 11 10. All the fees authorized by this section to be charged and 12 retained by an authorized third party shall be deemed to be a cost 13 of administration with respect to the operation of motor vehicles 14 upon the public highways of this State. 15 Sec. 10. A person may engage in the activities of a Class II 16 authorized third party if the person is registered as a document 17 preparation service with the Secretary of State pursuant to chapter 18 240A of NRS and has an active business license in the city or 19 county where the Class II authorized third party conducts 20 business. 21 Sec. 11. 1. A person shall not engage in the activity of a 22 Class I authorized third party in this State without first obtaining a 23 license from the Department. Before issuing a license as a Class I 24 authorized third party to an applicant, the Department shall 25 require: 26 (a) Proof that the applicant is registered as a document 27 preparation service with the Secretary of State pursuant to chapter 28 240A of NRS and has been registered as such for not less than 3 29 years immediately preceding the date of the application. 30 (b) An application, signed and verified by the applicant, which 31 includes the applicant’s residential address, social security 32 number, the address of the principal place of business of the 33 applicant and the address of each additional physical location at 34 which the applicant intends to conduct business as a Class I 35 authorized third party. 36 (c) A statement as to whether any previous application of the 37 applicant for a license as a Class I authorized third party has been 38 denied or whether such a license has been suspended or revoked. 39 (d) Payment of a nonrefundable license fee of $150 for each 40 physical location at which the applicant intends to conduct 41 business as a Class I authorized third party. 42 (e) For initial licensure, the submission of a complete set of 43 the applicant’s fingerprints and written permission authorizing the 44 Department to forward those fingerprints to the Central 45 – 14 – - *SB243* Repository for Nevada Records of Criminal History for submission 1 to the Federal Bureau of Investigation for its report. 2 (f) A fee for the processing of fingerprints. The Department 3 shall establish by regulation the fee for processing fingerprints. 4 The fee must not exceed the sum of the amounts charged by the 5 Central Repository for Nevada Records of Criminal History and 6 the Federal Bureau of Investigation for processing the 7 fingerprints. 8 (g) If the applicant is a natural person, the statement required 9 pursuant to section 12 of this act. 10 2. A license issued pursuant to this section expires on 11 December 31 of the year in which it was issued and may be 12 renewed by payment to the Department of the annual renewal fee 13 of $50 and, if the licensee is a natural person, submission of the 14 statement required pursuant to section 12 of this act. 15 3. If a licensee fails to renew his or her license before it 16 expires on December 31, the license may be reinstated upon 17 submission to the Department: 18 (a) The annual renewal fee of $50; 19 (b) A late fee of $25; and 20 (c) If the licensee is a natural person, the statement required 21 pursuant to section 12 of this act. 22 4. The Department shall issue a license to each qualified 23 applicant in a competitively neutral and nondiscriminatory 24 manner as to all similarly situated applicants. 25 The Director may deny the issuance of a license to an applicant 26 or revoke a license already issued if the Department is satisfied 27 that the applicant or licensee is not entitled thereto. 28 5. If an application for a Class 1 authorized third party’s 29 license has been denied, the applicant may reapply not earlier 30 than 30 days after the denial. 31 6. A Class I authorized third party’s license must be posted in 32 a conspicuous place on the premises of the Class I authorized 33 third party’s principal place of business. 34 7. If any information submitted in the application for a 35 license as a Class I authorized third party changes, the Class I 36 authorized third party shall submit a written notice of the change 37 to the Department within 10 days after the change occurs. 38 8. Upon the receipt of any report or complaint alleging that 39 an applicant or a licensee has engaged in financial misconduct or 40 has failed to satisfy financial obligations related to the activity of a 41 Class I authorized third party, the Department may require the 42 applicant or licensee to submit to the Department an authorization 43 for the disclosure of financial records for the business as provided 44 in NRS 239A.090. The Department may only obtain information 45 – 15 – - *SB243* pursuant to such an authorization that is specifically related to the 1 transaction raised in the report or complaint and may only use 2 such information to determine the suitability of the applicant or 3 licensee for initial or continued licensure. Information obtained 4 pursuant to such an authorization may be disclosed only to those 5 employees of the Department who are authorized to issue a license 6 to an applicant pursuant to this section or to determine the 7 suitability of an applicant or a licensee for such licensure. 8 9. Any person who engages in the activity of a Class I 9 authorized third party without a license issued by the Department 10 pursuant to this section is guilty of a misdemeanor. 11 Sec. 12. 1. Except as otherwise provided in subsection 5, an 12 applicant for the issuance or renewal of a license as a Class I 13 authorized third party shall submit to the Department the 14 statement prescribed by the Division of Welfare and Supportive 15 Services of the Department of Health and Human Services 16 pursuant to NRS 425.520. The statement must be completed and 17 signed by the applicant. 18 2. The Department shall include the statement required 19 pursuant to subsection 1 in: 20 (a) The application or any other forms that must be submitted 21 for the issuance or renewal of the license; or 22 (b) A separate form prescribed by the Department. 23 3. A license as a Class I authorized third party may not be 24 issued or renewed by the Department if the applicant: 25 (a) Fails to complete or submit the statement required 26 pursuant to subsection 1; or 27 (b) Indicates on the statement submitted pursuant to 28 subsection 1 that the applicant is subject to a court order for the 29 support of a child and is not in compliance with the order or a 30 plan approved by the district attorney or other public agency 31 enforcing the order for the repayment of the amount owed 32 pursuant to the order. 33 4. If an applicant indicates on the statement submitted 34 pursuant to subsection 1 that the applicant is subject to a court 35 order for the support of a child and is not in compliance with the 36 order or a plan approved by the district attorney or other public 37 agency enforcing the order for the repayment of the amount owed 38 pursuant to the order, the Department shall advise the applicant to 39 contact the district attorney or other public agency enforcing the 40 order to determine the actions that the applicant may take to 41 satisfy the arrearage. 42 Sec. 13. 1. No license may be issued to an applicant for 43 licensure as a Class I authorized third party until the applicant 44 procures and files with the Department a good and sufficient bond 45 – 16 – - *SB243* in the amount of $250,000, with a corporate surety thereon, 1 licensed to do business in the State of Nevada, approved as to form 2 by the Attorney General, and conditioned that the applicant shall 3 conduct business as a Class I authorized third party without fraud 4 or fraudulent representation, and in compliance with the 5 provisions of sections 5 to 16, inclusive, of this act. The 6 Department may, by agreement with any Class I authorized third 7 party who has been licensed by the Department for 5 years or 8 more, allow a reduction in the amount of the bond of the Class I 9 authorized third party, if the business of the Class I authorized 10 third party has been conducted satisfactorily for the preceding 5 11 years, but no bond may be in an amount less than $100,000. 12 2. The bond may be continuous in form and the total 13 aggregate liability on the bond must be limited to the payment of 14 the total amount of the bond. 15 3. The bond must provide that any person injured by the 16 action of a Class I authorized third party or any employee of a 17 Class I authorized third party in violation of any of the provisions 18 of sections 5 to 16, inclusive, of this act may apply to the Director 19 for compensation from the bond. The Director, for good cause 20 shown and after notice and opportunity for hearing, may 21 determine the amount of compensation and the person to whom it 22 is to be paid. The surety shall then make the payment. 23 4. In lieu of a bond, a licensee or applicant for licensure as a 24 Class I authorized third party may deposit with the Department, 25 under the terms prescribed by the Department: 26 (a) A like amount of money or bonds of the United States or of 27 the State of Nevada of an actual market value of not less than the 28 amount fixed by the Department; or 29 (b) A savings certificate of a bank, credit union, savings and 30 loan association or savings bank situated in Nevada, which must 31 indicate an account of an amount equal to the amount of the bond 32 which would otherwise be required by this section and that this 33 amount is unavailable for withdrawal except upon order of the 34 Department. Interest earned on the certificate accrues to the 35 account of the applicant or licensee. 36 5. A deposit made pursuant to subsection 4 may be disbursed 37 by the Director, for good cause shown and after notice and 38 opportunity for hearing, in an amount determined by the Director 39 to compensate a person injured by an action of the licensee, or 40 released upon receipt of: 41 (a) An order of a court requiring the Director to release all or 42 a specified portion of the deposit; or 43 (b) A statement signed by the person under whose name the 44 deposit is made and acknowledged before any person authorized to 45 – 17 – - *SB243* take acknowledgments in this State, requesting the Director to 1 release the deposit, or a specified portion thereof, and stating the 2 purpose for which the release is requested. 3 6. When a deposit is made pursuant to subsection 4, liability 4 under the deposit is in the amount prescribed by the Department. 5 If the amount of the deposit is reduced or there is an outstanding 6 judgment of a court for which the licensee is liable under the 7 deposit, the license is automatically suspended. The license must 8 be reinstated if the licensee: 9 (a) Files an additional bond pursuant to subsection 1; 10 (b) Restores the deposit with the Department to the original 11 amount required under this section; or 12 (c) Satisfies the outstanding judgment for which he or she is 13 liable under the deposit. 14 7. A deposit made pursuant to subsection 4 may be refunded: 15 (a) By order of the Director, 3 years after the date the licensee 16 ceases to be licensed by the Department, if the Director is satisfied 17 that there are no outstanding claims against the deposit; or 18 (b) By order of the court, at any time within 3 years after the 19 date the licensee ceases to be licensed by the Department, upon 20 evidence satisfactory to the court that there are no outstanding 21 claims against the deposit. 22 8. Any money received by the Department pursuant to 23 subsection 4 must be deposited with the State Treasurer for credit 24 to the Motor Vehicle Fund. 25 Sec. 14. 1. The Department may refuse to issue or renew or 26 may suspend or revoke a license as a Class I authorized third party 27 upon any of the following grounds: 28 (a) Conviction of: 29 (1) A felony in this State or any other state, territory or 30 nation; or 31 (2) Any offense involving fraud, theft, embezzlement, 32 burglary, robbery, fraudulent conversion or misappropriation of 33 property within the immediately preceding 7 years. 34 (b) Material misstatement in the application for a license. 35 (c) Evidence of unfitness of the applicant or licensee. 36 (d) Willful failure to comply with the provisions of this chapter 37 or the regulations adopted pursuant thereto, or any law relating to 38 the operation of a motor vehicle. 39 (e) Failure or refusal to furnish and keep in force any bond 40 required pursuant to section 13 of this act. 41 (f) Failure of the applicant or licensee to maintain any other 42 license required by any political subdivision of this State. 43 (g) Failure to have or maintain a physical place of business in 44 this State. 45 – 18 – - *SB243* (h) Failure or refusal by the applicant or licensee to pay or 1 otherwise discharge a final judgment rendered and entered 2 against the applicant or licensee, arising out of the 3 misrepresentation of any service provided by the applicant or 4 licensee as an authorized third party or out of a fraud committed 5 in connection with the services provided by the applicant or 6 licensee as an authorized third party. 7 (i) The Department determines that the applicant or licensee is 8 not entitled to the license. 9 2. Any person whose application is denied or whose license is 10 refused to renew, suspended or revoked pursuant to this section is 11 entitled to judicial review of the decision in the manner provided 12 by chapter 233B of NRS. 13 Sec. 15. 1. Except as otherwise provided in this subsection, 14 no employee of a Class I authorized third party may conduct 15 transactions with customers or provide any of the services 16 authorized in section 9 of this act at a physical location operated 17 by the Class I authorized third party until the employee has 18 successfully completed training provided pursuant to subsection 1 19 of section 8 of this act. An employee who is a Class II authorized 20 third party may perform services authorized for Class II 21 authorized third parties. 22 2. No employee of a Class I authorized third party may 23 conduct transactions with customers or provide any of the services 24 authorized in section 9 of this act if the employee has been 25 convicted of: 26 (a) A felony in this State or any other state, territory or nation; 27 or 28 (b) Any offense involving fraud, theft, embezzlement, burglary, 29 robbery, fraudulent conversion or misappropriation of property 30 within the immediately preceding 7 years. 31 3. Except as otherwise provided in subsection 4, within 5 days 32 after hiring any employee who will conduct transactions with 33 customers or provide any of the services authorized in section 9 of 34 this act, a Class I authorized third party shall: 35 (a) Obtain a written statement from the employee stating 36 whether he or she has been convicted of any crime listed in 37 subsection 2; 38 (b) Obtain from the employee one set of fingerprints and a 39 written authorization to forward the fingerprints to the Central 40 Repository for Nevada Records of Criminal History for submission 41 to the Federal Bureau of Investigation for its report; and 42 (c) Submit to the Central Repository for Nevada Records of 43 Criminal History the fingerprints obtained pursuant to paragraph 44 (b) to obtain information on the background and personal history 45 – 19 – - *SB243* of each employee to determine whether the person has been 1 convicted of any crime listed in subsection 2. 2 4. A Class I authorized third party is not required to obtain 3 the information described in subsection 3 from an employee if his 4 or her fingerprints have been submitted to the Central Repository 5 for Nevada Records of Criminal History for submission to the 6 Federal Bureau of Investigation for its report within the 7 immediately preceding 6 months and the report of the Federal 8 Bureau of Investigation indicated that the employee has not been 9 convicted of any crime set forth in subsection 2. 10 5. A Class I authorized third party shall conduct an 11 investigation pursuant to this section of each employee who 12 conducts transactions with customers or provides any of the 13 services authorized in section 9 of this act at least once every 5 14 years after the initial investigation. 15 Sec. 16. 1. An authorized third party must obtain and 16 compile any records required to be compiled by the Department by 17 regulation. Such records must be: 18 (a) Retained by the authorized third party for a time period 19 determined by the Department by regulation; and 20 (b) Open to inspection by any peace officer, investigator of the 21 Department or any employee of the Department who is authorized 22 by the Department to inspect such records. 23 2. The records required pursuant to subsection 1 must 24 include, without limitation, records which track the amount and 25 type of services provided by the authorized third party. 26 Sec. 17. NRS 482.010 is hereby amended to read as follows: 27 482.010 As used in this chapter, unless the context otherwise 28 requires, the words and terms defined in NRS 482.0105 to 482.137, 29 inclusive, and sections 5, 6 and 7 of this act have the meanings 30 ascribed to them in those sections. 31 Sec. 18. NRS 482.160 is hereby amended to read as follows: 32 482.160 1. The Director may adopt and enforce such 33 administrative regulations as are necessary to carry out the 34 provisions of this chapter. 35 2. The Director may establish branch offices as provided in 36 NRS 481.055, and may by contract appoint any person or public 37 agency as an agent to assist in carrying out the duties of the 38 Department pursuant to this chapter. 39 3. Except as otherwise provided in this subsection [,] and 40 section 9 of this act, the contract with each agent appointed by the 41 Department in connection with the registration of motor vehicles 42 and issuance of license plates may provide for compensation based 43 upon the reasonable value of the services of the agent but must not 44 exceed $2 for each registration. An authorized inspection station or 45 – 20 – - *SB243* authorized station that issues certificates of registration pursuant to 1 NRS 482.281 and a Class I authorized third party is not entitled to 2 receive compensation from the Department pursuant to this 3 subsection. 4 4. Except as otherwise provided in this section, no person may 5 use in an advertisement: 6 (a) The name, service marks, trademarks or logo of the 7 Department; or 8 (b) A service mark, trademark or logo designed to closely 9 resemble a service mark, trademark or logo of the Department and 10 intended to mislead a viewer to believe that the service mark, 11 trademark or logo is the service mark, trademark or logo of the 12 Department. 13 5. An agent appointed pursuant to subsection 2 or NRS 14 487.815 may use the name, service marks, trademarks or logo of the 15 Department in an advertisement if the agent has obtained the written 16 permission of the Department for such use. 17 6. [A document preparation service registered pursuant to 18 chapter 240A of NRS] An authorized third party may use the term 19 “Department of Motor Vehicles” or “DMV” in an advertisement if: 20 (a) The term is immediately followed by the term “services” or 21 “registration services” or other similar language which clearly 22 indicates that the [document preparation service] authorized third 23 party is a third-party business and that the advertisement is not an 24 advertisement of the Department; and 25 (b) The advertisement includes a clear and conspicuous 26 statement that the [document preparation service] authorized third 27 party is a third-party business not affiliated with the Department. 28 The statement must be of a conspicuous size, if in writing, and must 29 appear in substantially the following form: 30 31 THIS DOCUMENT PREPARATION SERVICE IS A 32 THIRD-PARTY BUSINESS NOT AFFILIATED WITH 33 THE NEVADA DEPARTMENT OF MOTOR VEHICLES. 34 35 Sec. 19. NRS 482.170 is hereby amended to read as follows: 36 482.170 Except as otherwise provided in NRS 239.0115, 37 481.063, 483.651, 483.655, 483.657 and 485.316, and section 8 of 38 this act, all personal information in the records of registration and 39 licensing in the offices of the Department is confidential and must 40 not knowingly be disclosed by the Department. 41 Sec. 20. NRS 482.175 is hereby amended to read as follows: 42 482.175 The Department and the officers and deputies thereof , 43 Class I authorized third parties and registered dealers shall 44 examine, and to the best of their ability determine the genuineness 45 – 21 – - *SB243* and regularity of, every registration and transfer of registration of a 1 vehicle as provided in this chapter, in order that every certificate 2 issued for a vehicle must contain true statements of the ownership 3 thereof, and to prevent the registration of a vehicle by any person 4 not entitled thereto. The Department , a Class I authorized third 5 party or a registered dealer may require any applicant to furnish 6 such information in addition to that contained in the application as 7 may be necessary to satisfy the Department of the truth and 8 regularity of the application. 9 Sec. 21. NRS 482.205 is hereby amended to read as follows: 10 482.205 Except as otherwise provided in this chapter and NRS 11 706.188, every owner of a motor vehicle, trailer or semitrailer 12 intended to be operated upon any highway in this State shall, before 13 the motor vehicle, trailer or semitrailer can be operated, apply to the 14 Department , a Class I authorized third party or a registered dealer 15 for and obtain the registration thereof. 16 Sec. 22. NRS 482.206 is hereby amended to read as follows: 17 482.206 1. Except as otherwise provided in this section and 18 NRS 482.2065 and 482.2085, every motor vehicle, except for a 19 motor vehicle that is required to be registered through the Motor 20 Carrier Division of the Department, and except for a full trailer or 21 semitrailer that is registered pursuant to subsection 3 of NRS 22 482.483 or a moped registered pursuant to NRS 482.2155, must be 23 registered for a period of 12 consecutive months beginning the day 24 after the first registration by the owner in this State. 25 2. Except as otherwise provided in subsections 7 and 8 and 26 NRS 482.2065, every vehicle registered by an agent of the 27 Department , a Class I authorized third party or a registered dealer 28 must be registered for 12 consecutive months beginning the first day 29 of the month after the first registration by the owner in this State. 30 3. Except as otherwise provided in subsection 7 and NRS 31 482.2065 and 482.2085, a motor vehicle which must be registered 32 through the Motor Carrier Division of the Department, including, 33 without limitation: 34 (a) Pursuant to the provisions of NRS 706.801 to 706.861, 35 inclusive; or 36 (b) As a commercial motor vehicle which has a declared gross 37 weight in excess of 10,000 pounds, 38 must be registered for a period of 12 consecutive months 39 beginning on the date established by the Department by regulation. 40 4. Upon the application of the owner of a fleet of vehicles 41 which are not required to be registered through the Motor Carrier 42 Division of the Department, the Director may permit the owner to 43 register the fleet on the basis of a calendar year. 44 – 22 – - *SB243* 5. Except as otherwise provided in subsections 3, 6, 7 and 8, 1 when the registration of any vehicle is transferred pursuant to NRS 2 482.399, the expiration date of each regular license plate, special 3 license plate or substitute decal must, at the time of the transfer of 4 registration, be advanced for a period of 12 consecutive months 5 beginning: 6 (a) The first day of the month after the transfer, if the vehicle is 7 transferred by an agent of the Department; or 8 (b) The day after the transfer in all other cases, 9 and a credit on the portion of the fee for registration and 10 the governmental services tax attributable to the remainder of the 11 current period of registration must be allowed pursuant to the 12 applicable provisions of NRS 482.399. 13 6. When the registration of any trailer that is registered for a 3-14 year period pursuant to NRS 482.2065 is transferred pursuant to 15 NRS 482.399, the expiration date of each license plate or substitute 16 decal must, at the time of the transfer of the registration, be 17 advanced, if applicable pursuant to NRS 482.2065, for a period of 3 18 consecutive years beginning: 19 (a) The first day of the month after the transfer, if the trailer is 20 transferred by an agent of the Department; or 21 (b) The day after the transfer in all other cases, 22 and a credit on the portion of the fee for registration and 23 the governmental services tax attributable to the remainder of the 24 current period of registration must be allowed pursuant to the 25 applicable provisions of NRS 482.399. 26 7. A full trailer or semitrailer that is registered pursuant to 27 subsection 3 of NRS 482.483 is registered until the date on which 28 the owner of the full trailer or semitrailer: 29 (a) Transfers the ownership of the full trailer or semitrailer; or 30 (b) Cancels the registration of the full trailer or semitrailer and 31 surrenders the license plates to the Department [.] or an authorized 32 third party. 33 8. A moped that is registered pursuant to NRS 482.2155 is 34 registered until the date on which the owner of the moped: 35 (a) Transfers the ownership of the moped; or 36 (b) Cancels the registration of the moped and surrenders the 37 license plate to the Department [.] or an authorized third party. 38 Sec. 23. NRS 482.215 is hereby amended to read as follows: 39 482.215 1. Except as otherwise provided in NRS 482.2085 40 and 482.2155, all applications for registration, except applications 41 for renewal of registration, must be made as provided in this section. 42 2. Except as otherwise provided in NRS 482.294, applications 43 for all registrations, except renewals of registration, must be made in 44 – 23 – - *SB243* person, if practicable, to any office or agent of the Department , to a 1 Class I authorized third party or to a registered dealer. 2 3. Each application must be made upon the appropriate form 3 furnished by the Department and contain: 4 (a) The signature of the owner, except as otherwise provided in 5 subsection 2 of NRS 482.294, if applicable. 6 (b) The owner’s residential address. 7 (c) The owner’s declaration of the county where he or she 8 intends the vehicle to be based, unless the vehicle is deemed to have 9 no base. The Department shall use this declaration to determine the 10 county to which the governmental services tax is to be paid. 11 (d) If required pursuant to NRS 482.2177, the mileage shown on 12 the odometer of the vehicle at the time of application and any other 13 information required by the Department. 14 (e) A brief description of the vehicle to be registered, including 15 the name of the maker, the engine, identification or serial number, 16 whether new or used, and the last license number, if known, and the 17 state in which it was issued, and upon the registration of a new 18 vehicle, the date of sale by the manufacturer or franchised and 19 licensed dealer in this State for the make to be registered to the 20 person first purchasing or operating the vehicle. 21 (f) Except as otherwise provided in this paragraph, if the 22 applicant is not an owner of a fleet of vehicles or a person described 23 in subsection 5: 24 (1) Proof satisfactory to the Department , Class I authorized 25 third party or registered dealer that the applicant carries insurance 26 on the vehicle provided by an insurance company licensed by the 27 Division of Insurance of the Department of Business and Industry 28 and approved to do business in this State as required by NRS 29 485.185; and 30 (2) A declaration signed by the applicant that he or she will 31 maintain the insurance required by NRS 485.185 during the period 32 of registration. If the application is submitted by electronic means 33 pursuant to NRS 482.294, the applicant is not required to sign the 34 declaration required by this subparagraph. 35 (g) If the applicant is an owner of a fleet of vehicles or a person 36 described in subsection 5, evidence of insurance provided by an 37 insurance company licensed by the Division of Insurance of the 38 Department of Business and Industry and approved to do business in 39 this State as required by NRS 485.185: 40 (1) In the form of a certificate of insurance on a form 41 approved by the Commissioner of Insurance; 42 (2) In the form of a card issued pursuant to NRS 690B.023 43 which identifies the vehicle or the registered owner of the vehicle; 44 or 45 – 24 – - *SB243* (3) In another form satisfactory to the Department, including, 1 without limitation, an electronic format authorized by 2 NRS 690B.023. 3 The Department may file that evidence, return it to the applicant 4 or otherwise dispose of it. 5 (h) If required, evidence of the applicant’s compliance with 6 controls over emission. 7 (i) If the application for registration is submitted via the Internet, 8 a statement which informs the applicant that he or she may make a 9 nonrefundable monetary contribution of $2 for each vehicle 10 registered for the Complete Streets Program, if any, created pursuant 11 to NRS 244.2643, 277A.285 or 403.575, as applicable, based on the 12 declaration made pursuant to paragraph (c). The application form 13 must state in a clear and conspicuous manner that a contribution for 14 a Complete Streets Program is nonrefundable and voluntary and is 15 in addition to any fees required for registration, and must include a 16 method by which the applicant must indicate his or her intention to 17 opt in or opt out of making such a contribution. 18 4. The application must contain such other information as is 19 required by the Department , Class I authorized third party or 20 registered dealer and must be accompanied by proof of ownership 21 satisfactory to the Department. 22 5. For purposes of the evidence required by paragraph (g) of 23 subsection 3: 24 (a) Vehicles which are subject to the fee for a license and the 25 requirements of registration of the Interstate Highway User Fee 26 Apportionment Act, and which are based in this State, may be 27 declared as a fleet by the registered owner thereof on his or her 28 original application for or application for renewal of a proportional 29 registration. The owner may file a single certificate of insurance 30 covering that fleet. 31 (b) Other fleets composed of 10 or more vehicles based in this 32 State or vehicles insured under a blanket policy which does not 33 identify individual vehicles may each be declared annually as a fleet 34 by the registered owner thereof for the purposes of an application 35 for his or her original or any renewed registration. The owner may 36 file a single certificate of insurance covering that fleet. 37 (c) A person who qualifies as a self-insurer pursuant to the 38 provisions of NRS 485.380 may file a copy of his or her certificate 39 of self-insurance. 40 (d) A person who qualifies for an operator’s policy of liability 41 insurance pursuant to the provisions of NRS 485.186 and 485.3091 42 may file or provide electronic evidence of that insurance. 43 – 25 – - *SB243* Sec. 24. NRS 482.2155 is hereby amended to read as follows: 1 482.2155 1. The owner of a moped shall, before the moped 2 may be operated upon any highway in this State, apply to the 3 Department or a Class I authorized third party for and obtain 4 registration thereof. The application must be made upon the 5 appropriate form as prescribed by the Department. 6 2. An application for the registration of a moped pursuant to 7 this section must include: 8 (a) The signature and residential address of the owner of the 9 moped. 10 (b) The owner’s declaration of the county where he or she 11 intends the moped to be based, unless the moped is deemed to have 12 no base. The Department shall use this declaration to determine the 13 county to which the governmental services tax is to be paid. 14 (c) A brief description of the moped to be registered, including 15 the name of the maker, the engine, identification or serial number, 16 whether new or used, and, upon the registration of a new moped, the 17 date of sale by the manufacturer or franchised and licensed dealer in 18 this State for the make to be registered to the person first purchasing 19 or operating the moped. 20 (d) Proof of ownership satisfactory to the Department [.] or a 21 Class I authorized third party. 22 3. An application for the registration of a moped pursuant to 23 subsection 2 must be accompanied by: 24 (a) The registration fee required pursuant to NRS 482.480. 25 (b) The governmental services tax imposed pursuant to chapter 26 371 of NRS, as provided in NRS 482.260. 27 (c) The fees for a license plate and an inspection required 28 pursuant to this section. 29 4. An applicant for the registration of a moped pursuant to this 30 section must provide proof satisfactory to the Department or Class I 31 authorized third party that the moped was inspected and meets the 32 definition of “moped” as provided in NRS 482.069. An applicant 33 who: 34 (a) Purchased the moped from a new vehicle dealer or a used 35 vehicle dealer may submit to the Department [,] or Class I 36 authorized third party, on a form prescribed by the Department, 37 verification of an inspection by the new vehicle dealer or used 38 vehicle dealer which certifies that the moped meets the definition of 39 “moped” as provided in NRS 482.069. 40 (b) Did not purchase the moped from a new vehicle dealer or a 41 used vehicle dealer and: 42 (1) Resides in a county where an office of the Department or 43 a Class I authorized third party with a physical location is located 44 must, at an office of the Department or the physical location of a 45 – 26 – - *SB243* Class I authorized third party in that county, allow the Department 1 or the Class I authorized third party to inspect the moped for 2 verification that the moped meets the definition of “moped” as 3 provided in NRS 482.069. The Department may by regulation 4 establish a fee for such an inspection. 5 (2) Resides in a county where no office of the Department or 6 Class I authorized third party with a physical location is located 7 must allow the Department or a Class I authorized third party to 8 inspect the moped, as specified in subparagraph (1), at an office of 9 the Department or the physical location of a Class I authorized 10 third party in another county or, in lieu of an inspection by the 11 Department [,] or a Class I authorized third party, allow a sheriff or 12 deputy sheriff of the county in which the applicant resides to inspect 13 the moped for verification that the moped meets the definition of 14 “moped” as provided in NRS 482.069. A sheriff or deputy sheriff 15 shall, upon the request of the applicant, conduct such an inspection 16 and transmit his or her determination, in writing, to the Department 17 or a Class I authorized third party, as requested by the applicant, 18 and may collect the fee established by the Department pursuant to 19 subparagraph (1) for such an inspection. The fees must be accounted 20 for as provided in subsection 6 of NRS 248.275. 21 5. As soon as practicable after the Department [:] or Class I 22 authorized third party: 23 (a) Receives the application and fees required by this section; 24 and 25 (b) Receives the form completed by a new vehicle dealer or used 26 vehicle dealer pursuant to paragraph (a) of subsection 4, conducts 27 the inspection required by subparagraph (1) of paragraph (b) of 28 subsection 4 or receives the alternative written determination from a 29 sheriff or deputy sheriff that is authorized by subparagraph (2) of 30 paragraph (b) of subsection 4, 31 the Department or Class I authorized third party shall, if the 32 inspection by the Department or a Class I authorized third party or 33 the written determination from a sheriff or deputy sheriff that is 34 authorized by subsection 4 confirms that the moped meets the 35 definition of “moped” as provided in NRS 482.069, issue a license 36 plate and certificate of registration to the owner of the moped. 37 6. The fee for the issuance of a license plate pursuant to this 38 section is $5, which must be allocated to the Revolving Account for 39 the Issuance of Special License Plates, created by NRS 482.1805, to 40 defray the costs of manufacturing license plates pursuant to this 41 section. 42 7. The registration issued pursuant to this section is not 43 renewable or transferable, and a moped that is registered pursuant to 44 – 27 – - *SB243* this section is registered until the date on which the owner of the 1 moped: 2 (a) Transfers the ownership of the moped; or 3 (b) Cancels the registration of the moped and surrenders the 4 license plate to the Department [.] or an authorized third party. 5 8. The Department or a Class I authorized third party may, 6 upon proof of ownership satisfactory to it, issue a certificate of title 7 before the registration of a moped pursuant to this section. A 8 certificate of title issued pursuant to this subsection is valid until 9 cancelled by the Department upon the transfer of interest therein. 10 Sec. 25. NRS 482.2177 is hereby amended to read as follows: 11 482.2177 1. Except as otherwise provided in subsection 4, 12 upon application for the initial registration of any motor vehicle 13 pursuant to this chapter, the applicant shall provide the Department , 14 or Class I authorized third party or registered dealer the mileage 15 shown on the odometer of the vehicle at the time of application and 16 any other information required by the Department. Upon application 17 for the transfer of registration pursuant to NRS 482.399 to another 18 motor vehicle, the applicant shall provide to the Department , or 19 Class I authorized third party or registered dealer the mileage 20 shown on the odometer of the vehicle to which the registration is to 21 be transferred at the time of application and any other information 22 required by the Department. 23 2. At the time of renewal of registration of a motor vehicle 24 pursuant to this chapter, the mileage shown on the odometer of the 25 vehicle and any other information required by the Department must 26 be provided to the Department as follows: 27 (a) If the vehicle is required upon renewal of registration to 28 submit evidence of compliance with standards for the control of 29 emissions pursuant to chapter 445B of NRS, the mileage shown on 30 the odometer of the vehicle at the time of the inspection and any 31 other information required by the Department must be noted on the 32 evidence of compliance. 33 (b) If the vehicle is not required upon renewal of registration to 34 submit evidence of compliance with standards for the control of 35 emissions pursuant to chapter 445B of NRS, the mileage shown on 36 the odometer of the vehicle at the time of renewal and any other 37 information required by the Department must be noted by the owner 38 in a manner prescribed by the Department. 39 3. Upon the transfer of the ownership of or interest in a motor 40 vehicle and the expiration of the registration pursuant to NRS 41 482.399, the holder of the original registration must provide to the 42 Department the mileage shown on the odometer of the vehicle at 43 the time of the transfer and any other information required by the 44 Department in a manner prescribed by the Department. 45 – 28 – - *SB243* 4. The provisions of this section do not apply to a: 1 (a) Motorcycle or moped. 2 (b) Recreational vehicle. 3 (c) Vehicle that is exempt from registration pursuant to 4 NRS 482.210. 5 (d) Vehicle registered as a farm vehicle. 6 (e) Vehicle that is registered through the Motor Carrier Division 7 pursuant to the provisions of NRS 706.801 to 706.861, inclusive, 8 and which has a declared gross weight in excess of 10,000 pounds. 9 (f) Vehicle that has been exempted by regulations adopted 10 pursuant to subsection 7 of NRS 482.2175. 11 5. The Department or its agents may inspect the odometer of a 12 vehicle for which the mileage shown on the odometer is reported 13 pursuant to paragraph (b) of subsection 2 not more than once every 14 2 years to verify the mileage reported. 15 Sec. 26. NRS 482.220 is hereby amended to read as follows: 16 482.220 1. If the vehicle to be registered is a specially 17 constructed, reconstructed, rebuilt or foreign vehicle, that fact must 18 be stated in the application. If the vehicle is a foreign vehicle which 19 has been registered theretofore outside of this State, the owner shall 20 exhibit to the Department or a Class I authorized third party the 21 certificate of title and registration card or other evidence of such 22 former registration as may be in the applicant’s possession or 23 control or such other evidence as will satisfy the Department or 24 Class I authorized third party that the applicant is the lawful owner 25 or possessor of the vehicle. 26 2. The application must be accompanied by a motor vehicle 27 inspection certificate signed by a representative of the Department 28 or, as one of the Department’s authorized agents, by: 29 (a) A peace officer; 30 (b) A dealer; 31 (c) A rebuilder; 32 (d) An automobile wrecker; or 33 (e) A garage operator or a service station operator or attendant, 34 so designated in writing by the Director. 35 3. Except for a peace officer acting in his or her official 36 capacity, the Department or any of its authorized inspection agents 37 shall charge the fee imposed by the Department by regulation for 38 inspection of any vehicle described in subsection 1. 39 4. For the purposes of this section, “peace officer” means any 40 employee, volunteer or designee of a law enforcement agency acting 41 in an official capacity. 42 Sec. 27. NRS 482.224 is hereby amended to read as follows: 43 482.224 1. The Department and any Class I authorized third 44 party, in combination, may not issue a certificate of registration for 45 – 29 – - *SB243* more than 100 replica vehicles each year. The fact that the vehicle is 1 to be registered as a replica vehicle must be stated in the application 2 for registration. 3 2. For purposes of this section, “replica vehicle” has the 4 meaning ascribed to it in NRS 445B.759. 5 Sec. 28. NRS 482.225 is hereby amended to read as follows: 6 482.225 1. When application is made to the Department or a 7 Class I authorized third party for registration of a vehicle 8 purchased outside this State and not previously registered within 9 this State where the registrant or owner at the time of purchase was 10 not a resident of or employed in this State, the Department , [or] its 11 agent or the Class I authorized third party shall determine and 12 collect any sales or use tax due and shall remit the tax to the 13 Department of Taxation except as otherwise provided in 14 NRS 482.260. 15 2. If the registrant or owner of the vehicle was a resident of the 16 State, or employed within the State, at the time of the purchase of 17 that vehicle, it is presumed that the vehicle was purchased for use 18 within the State and the representative or agent of the Department of 19 Taxation shall collect the tax and remit it to the Department of 20 Taxation. 21 3. Until all applicable taxes and fees are collected, the 22 Department or a Class I authorized third party shall refuse to 23 register the vehicle. 24 4. In any county whose population is less than 55,000, the 25 Department shall designate the county assessor as the agent of the 26 Department for the collection of any sales or use tax. 27 5. If the registrant or owner desires to refute the presumption 28 stated in subsection 2 that he or she purchased the vehicle for use in 29 this State, the registrant or owner must pay the tax to the 30 Department or Class I authorized third party and then may submit 31 a claim for exemption in writing, signed by the registrant or owner 32 or his or her authorized representative, to the Department together 33 with a claim for refund of tax erroneously or illegally collected. 34 6. If the Department finds that the tax has been erroneously or 35 illegally collected, the tax must be refunded. 36 Sec. 29. NRS 482.230 is hereby amended to read as follows: 37 482.230 The Department , a Class I authorized third party or a 38 registered dealer shall not grant an application for the registration of 39 a vehicle in any of the following events: 40 1. When the applicant therefor is not entitled thereto pursuant 41 to the provisions of this chapter. 42 2. When the applicant has neglected or refused to furnish the 43 Department , Class I authorized third party or registered dealer 44 with the information required in the appropriate official form or 45 – 30 – - *SB243* reasonable additional information required by the Department , 1 Class I authorized third party or registered dealer. 2 3. When the fees required therefor by law have not been paid. 3 4. When the applicant for the registration of a commercial 4 motor vehicle with a gross vehicle weight rating, a combined gross 5 vehicle weight rating, a gross vehicle weight or a combined gross 6 vehicle weight in excess of 26,000 pounds and which is intended to 7 operate in intrastate commerce is a motor carrier who: 8 (a) Has not complied with NRS 482.2912; or 9 (b) Is subject to an out-of-service order. 10 Sec. 30. NRS 482.231 is hereby amended to read as follows: 11 482.231 1. Except as otherwise provided in subsection 3, the 12 Department or a Class I authorized third party shall not register a 13 motor vehicle if a local authority has filed with the Department a 14 notice stating that the owner of the motor vehicle: 15 (a) Was cited by a constable pursuant to subsection 6 of NRS 16 258.070 for failure to comply with the provisions of NRS 482.385; 17 and 18 (b) After the imposition of punishment pursuant to NRS 19 482.385, has failed to pay the fee charged by the constable pursuant 20 to subsection 6 of NRS 258.070. 21 2. The Department shall, upon request, furnish to the owner of 22 the motor vehicle a copy of the notice of nonpayment described in 23 subsection 1. 24 3. The Department or Class I authorized third party may 25 register a motor vehicle for which the Department has received a 26 notice of nonpayment described in subsection 1 if: 27 (a) The Department or Class I authorized third party receives: 28 (1) A receipt from the owner of the motor vehicle which 29 indicates that the owner has paid the fee charged by the constable; 30 or 31 (2) Notification from the applicable local authority that the 32 owner of the motor vehicle has paid the fee charged by the 33 constable; and 34 (b) The owner of the motor vehicle otherwise complies with the 35 requirements of this chapter for the registration of the motor vehicle. 36 Sec. 31. NRS 482.235 is hereby amended to read as follows: 37 482.235 1. The Department shall file each application 38 received and register the vehicle therein described and the owner 39 thereof in suitable books or on index cards as follows: 40 (a) Under a distinctive registration number assigned to the 41 vehicle and to the owner thereof, referred to in this chapter as the 42 registration number. 43 (b) Alphabetically under the name of the owner. 44 – 31 – - *SB243* (c) Numerically under the serial or vehicle identification number 1 of the vehicle or a permanent identifying number, as may be 2 determined by the Department. 3 2. A registered dealer or Class I authorized third party who 4 registers a vehicle shall assign a registration number for that vehicle 5 according to a list of registration numbers issued by the Department 6 for use by that dealer [.] or Class I authorized third party. 7 Sec. 32. NRS 482.240 is hereby amended to read as follows: 8 482.240 1. Except as otherwise provided in NRS 482.2085, 9 upon the registration of a vehicle, the Department , a Class I 10 authorized third party or a registered dealer shall issue a certificate 11 of registration to the owner. 12 2. When an applicant for registration or transfer of registration 13 is unable, for any reason, to submit to the Department or a Class I 14 authorized third party, as applicable, in support of the application 15 for registration, or transfer of registration, such documentary 16 evidence of legal ownership as, in the opinion of the Department [,] 17 or Class I authorized third party, as applicable, is sufficient to 18 establish the legal ownership of the vehicle concerned in 19 the application for registration or transfer of registration, the 20 Department or Class I authorized third party may issue to the 21 applicant only a certificate of registration. 22 3. The Department may, upon proof of ownership satisfactory 23 to it or pursuant to NRS 482.2605, issue a certificate of title before 24 the registration of the vehicle concerned. The certificate of 25 registration issued pursuant to this chapter is valid only during the 26 registration period or calendar year for which it is issued, and a 27 certificate of title is valid until cancelled by the Department or Class 28 I authorized third party upon the transfer of interest therein. 29 Sec. 33. NRS 482.245 is hereby amended to read as follows: 30 482.245 1. The certificate of registration must contain 31 the date issued, the registration number assigned to the vehicle, the 32 name and address of the registered owner, the county where the 33 vehicle is to be based unless it is deemed to have no base, a 34 description of the registered vehicle and such other statement of 35 facts as may be determined by the Department. 36 2. The certificate of title must contain the date issued, the name 37 and address of the registered owner and the owner or lienholder, if 38 any, a description of the vehicle, any entries required by NRS 39 482.423 to 482.428, inclusive, a reading of the vehicle’s odometer 40 as provided to the Department or Class I authorized third party by 41 the person making the sale or transfer, the word “rebuilt” if it is a 42 rebuilt vehicle, the information required pursuant to subsection 4 of 43 NRS 482.247 if the certificate of title is a certificate of title in 44 beneficiary form pursuant to NRS 482.247 and such other statement 45 – 32 – - *SB243* of facts as may be determined by the Department. The certificate of 1 title must also contain forms for notice to the Department or Class I 2 authorized third party of a transfer of the title or interest of the 3 owner or lienholder and application for registration by the 4 transferee. If a new certificate of title is issued for a vehicle, it must 5 contain the same information as the replaced certificate, except to 6 the extent that the information has changed after the issuance of the 7 replaced certificate. Except as otherwise required by federal law, the 8 certificate of title of a vehicle which the Department or a Class I 9 authorized third party knows to have been stolen must not contain 10 any statement or other indication that the mileage specified in the 11 certificate or registered on the odometer is anything other than the 12 actual mileage traveled by the vehicle, in the absence of proof that 13 the odometer of the vehicle has been disconnected, reset or altered. 14 Sec. 34. NRS 482.247 is hereby amended to read as follows: 15 482.247 1. The owner or joint owners of a motor vehicle, 16 trailer or semitrailer may request the Department or a Class I 17 authorized third party to issue a certificate of title in beneficiary 18 form for the motor vehicle, trailer or semitrailer, as applicable, 19 which includes a directive to the Department to transfer the 20 certificate of title upon the death of the owner or upon the death of 21 all joint owners to a beneficiary named on the face of the certificate 22 of title. 23 2. A request made pursuant to subsection 1 must be submitted 24 on an application made available by the Department or a Class I 25 authorized third party and accompanied by the fee for the issuance 26 of a certificate of title. 27 3. A certificate of title in beneficiary form may not be issued to 28 a person who holds an interest in a motor vehicle, trailer or 29 semitrailer as a tenant in common with another person. 30 4. A certificate of title in beneficiary form must include after 31 the name of the owner or after the names of joint owners the words 32 “transfer on death to” or the abbreviation “TOD” followed by the 33 name of the beneficiary. 34 5. During the lifetime of a sole owner or before the death of the 35 last surviving joint owner: 36 (a) The signature or consent of the beneficiary is not required for 37 any transaction relating to a motor vehicle, trailer or semitrailer for 38 which a certificate of title in beneficiary form has been issued; and 39 (b) The certificate of title in beneficiary form may be revoked or 40 the beneficiary changed at any time by: 41 (1) Sale of the motor vehicle, trailer or semitrailer with 42 proper assignment and delivery of the certificate of title to another 43 person; or 44 – 33 – - *SB243* (2) Filing an application with, and paying a fee to, the 1 Department or a Class I authorized third party to reissue the 2 certificate of title with no designation of a beneficiary or with 3 the designation of a different beneficiary. 4 6. The interest of the beneficiary in a motor vehicle, trailer or 5 semitrailer on the death of the sole owner or on the death of the last 6 surviving joint owner is subject to any contract of sale, assignment 7 or ownership or security interest to which the owner or owners of 8 the motor vehicle, trailer or semitrailer were subject during their 9 lifetime. 10 7. Except as otherwise provided in paragraph (b) of subsection 11 5, the designation of a beneficiary in a certificate of title in 12 beneficiary form may not be changed or revoked by will, any other 13 instrument or a change in circumstances, or otherwise changed or 14 revoked. 15 8. The Department or Class I authorized third party shall, 16 upon: 17 (a) Proof of death of one of the owners, of two or more joint 18 owners or of a sole owner; 19 (b) Surrender of the outstanding certificate of title in beneficiary 20 form; and 21 (c) Application and payment of the fee for a certificate of title, 22 issue a new certificate of title for the motor vehicle, trailer or 23 semitrailer to the surviving owner or owners or, if none, to the 24 beneficiary, subject to any security interest. 25 9. For the purposes of complying with the provisions of 26 subsection 8, the Department or Class I authorized third party may 27 rely on a death certificate, record or report that constitutes prima 28 facie evidence of death. 29 10. The transfer on death of a motor vehicle, trailer or 30 semitrailer pursuant to this section is not considered as testamentary 31 and is not subject to administration pursuant to the provisions of 32 title 12 of NRS. 33 11. As used in this section: 34 (a) “Beneficiary” means a person or persons designated to 35 become the owner or owners of a motor vehicle, trailer or 36 semitrailer on the death of the preceding owner or owners. 37 (b) “Certificate of title in beneficiary form” means a certificate 38 of title of a motor vehicle, trailer or semitrailer that indicates the 39 present owner or owners of the motor vehicle, trailer or semitrailer 40 and designates a beneficiary. 41 Sec. 35. NRS 482.260 is hereby amended to read as follows: 42 482.260 1. When registering a vehicle, the Department and 43 its agents , a Class I authorized third party or a registered dealer 44 shall: 45 – 34 – - *SB243* (a) Collect the fees for license plates and registration as 1 provided for in this chapter. 2 (b) Collect the governmental services tax on the vehicle, as 3 agent for the State and for the county where the applicant intends to 4 base the vehicle for the period of registration, unless the vehicle is 5 deemed to have no base. 6 (c) Collect the applicable taxes imposed pursuant to chapters 7 372, 374, 377 and 377A of NRS. 8 (d) Except as otherwise provided in NRS 482.2085, issue a 9 certificate of registration. 10 (e) If the registration is performed by the Department [,] or a 11 Class I authorized third party, issue the regular license plate or 12 plates. 13 (f) If the registration is performed by a registered dealer, provide 14 information to the owner regarding the manner in which the regular 15 license plate or plates will be made available to the owner. 16 2. Upon proof of ownership satisfactory to the Director or as 17 otherwise provided in NRS 482.2605, the Director shall cause to be 18 issued a certificate of title as provided in this chapter. 19 3. For the purposes of subsection 2, if a manufacturer described 20 in paragraph (a) of subsection 2 of NRS 482.36349 operates one or 21 more of its fully autonomous vehicles for the purpose of providing 22 delivery services, the Director shall accept as proof of ownership the 23 manufacturer’s certificate of origin or the manufacturer’s statement 24 of origin issued for the fully autonomous vehicle. As used in this 25 paragraph, “fully autonomous vehicle” has the meaning ascribed to 26 it in NRS 482A.036. 27 4. Except as otherwise provided in NRS 371.070 and 28 subsections 7, 8 and 9, every vehicle being registered for the first 29 time in Nevada must be taxed for the purposes of the governmental 30 services tax for a 12-month period. 31 5. The Department shall deduct and withhold 2 percent of the 32 taxes collected pursuant to paragraph (c) of subsection 1 and remit 33 the remainder to the Department of Taxation. 34 6. A registered dealer and, except as otherwise provided in 35 section 9 of this act, a Class I authorized third party shall forward 36 all fees and taxes collected for the registration of vehicles to the 37 Department. 38 7. A trailer being registered pursuant to NRS 482.2065 must be 39 taxed for the purposes of the governmental services tax for a 3-year 40 period. 41 8. A full trailer or semitrailer being registered pursuant to 42 subsection 3 of NRS 482.483 must be taxed for the purposes of the 43 governmental services tax in the amount of $86. The governmental 44 – 35 – - *SB243* services tax paid pursuant to this subsection is nontransferable and 1 nonrefundable. 2 9. A moped being registered pursuant to NRS 482.2155 must 3 be taxed for the purposes of the governmental services tax for only 4 the 12-month period following the registration. The governmental 5 services tax paid pursuant to this subsection is nontransferable and 6 nonrefundable. 7 Sec. 36. NRS 482.2605 is hereby amended to read as follows: 8 482.2605 1. If an applicant who is seeking a certificate of 9 title to a vehicle from the Department or a Class I authorized third 10 party pursuant to subsection 3 of NRS 482.240, subsection 2 of 11 NRS 482.260, subsection 1 of NRS 482.285 or subsection 1 of NRS 12 482.415 is unable to satisfy the Department or Class I authorized 13 third party that the applicant is entitled to a certificate of title 14 pursuant to those provisions, the applicant may obtain a new 15 certificate of title from the Department or a Class I authorized third 16 party by: 17 (a) Filing a bond with the Department that meets the 18 requirements of subsection 3; 19 (b) Allowing the Department or Class I authorized third party 20 to inspect the vehicle to verify the vehicle identification number and 21 identification numbers, if any, on parts used to repair the vehicle; 22 and 23 (c) Authorizing the Department or Class I authorized third 24 party to conduct a search of the history of the vehicle through any 25 national crime information system, including, without limitation, 26 the: 27 (1) National Crime Information Center, as defined in NRS 28 179A.061; and 29 (2) National Motor Vehicle Title Information System of the 30 United States Department of Justice. 31 2. Any person damaged by the issuance of a certificate of title 32 pursuant to this section has a right of action to recover on the bond 33 for any breach of its conditions, except the aggregate liability of the 34 surety to all persons must not exceed the amount of the bond. The 35 Department shall return the bond, and any deposit accompanying it, 36 3 years after the bond was filed with the Department, except that the 37 Department shall not return the bond if the Department has been 38 notified of the pendency of an action to recover on the bond. 39 3. The bond required pursuant to subsection 1 must be: 40 (a) In a form prescribed by the Department; 41 (b) Executed by the applicant as principal and by a corporation 42 qualified under the laws of this State as surety; 43 (c) In an amount equal to one and one-half times the value of the 44 vehicle, as determined by the Department; and 45 – 36 – - *SB243* (d) Conditioned to indemnify any: 1 (1) Prior owner or lienholder of the vehicle, and his or her 2 successors in interest; 3 (2) Subsequent purchaser of the vehicle, and his or her 4 successors in interest; or 5 (3) Person acquiring a security interest in the vehicle, and his 6 or her successors in interest, 7 against any expense, loss or damage because of the issuance of 8 the certificate of title or because of any defect in or undisclosed 9 security interest in the applicant’s right or title to the vehicle or the 10 applicant’s interest in the vehicle. 11 4. A right of action does not exist in favor of any person by 12 reason of any action or failure to act on the part of the Department 13 or any officer or employee thereof in carrying out the provisions of 14 this section, or in giving or failing to give any information 15 concerning the legal ownership of a vehicle or the existence of a 16 title obtained pursuant to this section. 17 5. An applicant seeking a certificate of title pursuant to this 18 section may participate in the electronic lien system authorized in 19 NRS 482.4285. 20 Sec. 37. NRS 482.265 is hereby amended to read as follows: 21 482.265 1. The Department or Class I authorized third party 22 shall furnish to every owner whose vehicle is registered two license 23 plates for a motor vehicle other than a motorcycle or moped and one 24 license plate for all other vehicles required to be registered 25 hereunder. Except as otherwise provided in NRS 482.2085 and 26 482.2155, upon renewal of registration, the Department or Class I 27 authorized third party may issue one or more license plate stickers, 28 tabs or other suitable devices in lieu of new license plates. 29 2. The Director shall have the authority to require the return to 30 the Department of all number plates upon termination of the lawful 31 use thereof by the owner under this chapter. 32 3. Except as otherwise specifically provided by statute, for the 33 issuance of each special license plate authorized pursuant to this 34 chapter: 35 (a) The fee to be received by the Department for the initial 36 issuance of the special license plate is $35, exclusive of any 37 additional fee which may be added to generate funds for a particular 38 cause or charitable organization; 39 (b) The fee to be received by the Department for the renewal of 40 the special license plate is $10, exclusive of any additional fee 41 which may be added to generate financial support for a particular 42 cause or charitable organization; and 43 (c) The Department shall not design, prepare or issue a special 44 license plate unless, within 4 years after the date on which the 45 – 37 – - *SB243* measure authorizing the issuance becomes effective, it receives at 1 least 250 applications for the issuance of that plate. 2 4. The provisions of subsection 3 do not apply to 3 NRS 482.37901. 4 Sec. 38. NRS 482.2655 is hereby amended to read as follows: 5 482.2655 1. If, with respect to a motor vehicle that is 6 required to comply with the provisions of NRS 445B.700 to 7 445B.815, inclusive, and the regulations adopted pursuant thereto, 8 an authorized inspection station or authorized station tests the 9 emissions from the motor vehicle and the motor vehicle fails the 10 emissions test, the Department or Class I authorized third party 11 shall not issue a special license plate for that vehicle pursuant to 12 NRS 482.381, 482.3812, 482.3814 or 482.3816 for a period of 90 13 days after the motor vehicle fails the emissions test. 14 2. As used in this section: 15 (a) “Authorized inspection station” has the meaning ascribed to 16 it in NRS 445B.710. 17 (b) “Authorized station” has the meaning ascribed to it in 18 NRS 445B.720. 19 (c) “Fails the emissions test” means that a motor vehicle does 20 not comply with the applicable provisions of NRS 445B.700 to 21 445B.815, inclusive, and the regulations adopted pursuant thereto. 22 Sec. 39. NRS 482.266 is hereby amended to read as follows: 23 482.266 1. A person who desires to have regular or 24 personalized license plates that are substantially in the same color 25 and form as license plates manufactured before January 1, 1982, 26 must: 27 (a) Submit a written request for such license plates to the 28 Department or a Class I authorized third party in a manner and 29 form prescribed by the Department; and 30 (b) In addition to all other applicable registration fees, licensing 31 fees and governmental services taxes, pay the manufacturing fee 32 prescribed by the Department. 33 A person requesting license plates pursuant to this section must 34 comply with all requirements for registration and licensing pursuant 35 to this chapter. A request for license plates pursuant to this section 36 does not, by itself, constitute a request for special license plates 37 pursuant to subsection 3 of NRS 482.265. 38 2. After receiving a request and the full amount of the payment 39 due for license plates requested pursuant to subsection 1, the 40 Department shall manufacture the license plates using substantially 41 the same process, dies and materials as were used to manufacture 42 license plates before January 1, 1982. The Department or the Class 43 I authorized third party shall deliver license plates requested 44 pursuant to this section to a person who requests such license plates 45 – 38 – - *SB243* within 180 days after acceptance of the written request or after 1 receipt of payment therefor, whichever occurs last. 2 3. The Department shall: 3 (a) Prescribe, by regulation, a manner and form for submitting a 4 written request pursuant to subsection 1. The form must include, 5 without limitation, an indication of whether the requester desires to 6 have the same letters and numbers on the license plates requested as 7 are on the license plates that are registered to the requester at the 8 time of the request. 9 (b) Determine the cost of manufacturing a license plate pursuant 10 to this section and prescribe a manufacturing fee, which must not 11 exceed $25, to defray the cost of manufacturing license plates 12 pursuant to this section. The manufacturing fee must be: 13 (1) Collected by the Department [;] or a Class I authorized 14 third party; 15 (2) Deposited with the State Treasurer to the credit of the 16 State Highway Fund; and 17 (3) Allocated to the Revolving Account for the Issuance of 18 Special License Plates created pursuant to NRS 482.1805 to defray 19 the costs of manufacturing license plates pursuant to this section. 20 4. A person who requests license plates pursuant to this section 21 may keep the license plates which are registered to him or her at the 22 time of the request if the license plates requested contain the same 23 letters and numbers as the license plates which are registered to the 24 person at the time of the request. 25 Sec. 40. NRS 482.268 is hereby amended to read as follows: 26 482.268 1. In addition to any other applicable fee, there must 27 be paid to the Department or a Class I authorized third party for 28 each license plate issued for a motor vehicle, trailer or semitrailer, to 29 defray the cost of producing the license plate: 30 (a) A fee of 50 cents which must be deposited with the State 31 Treasurer for credit to the Fund for Prison Industries; and 32 (b) Such fee as may be determined by regulation of the 33 Department, which must be deposited with the State Treasurer for 34 credit to the License Plate Production Account. 35 2. The License Plate Production Account is hereby created in 36 the State Highway Fund. The Account is a continuing account 37 without reversion. Interest and income earned on money in the 38 Account must be credited to the Account. The money in the 39 Account must be used only to defray the cost of producing license 40 plates, as described in subsection 1. 41 Sec. 41. NRS 482.270 is hereby amended to read as follows: 42 482.270 1. Except as otherwise provided in this section or by 43 specific statute, the Director shall order the redesign and preparation 44 of motor vehicle license plates. 45 – 39 – - *SB243* 2. Except as otherwise provided in subsection 3, the 1 Department or a Class I authorized third party may, upon the 2 payment of all applicable fees, issue redesigned motor vehicle 3 license plates. 4 3. The Department shall not issue redesigned motor vehicle 5 license plates pursuant to this section to a person who was issued 6 motor vehicle license plates before January 1, 1982, or pursuant to 7 NRS 482.2155, 482.3747, 482.3763, 482.3783, 482.379 or 8 482.37901, without the approval of the person. 9 4. The Director may determine and vary the size, shape and 10 form and the material of which license plates are made, but each 11 license plate must be of sufficient size to be plainly readable from a 12 distance of 100 feet during daylight. All license plates must be 13 treated to reflect light and to be at least 100 times brighter than 14 conventional painted number plates. When properly mounted on an 15 unlighted vehicle, the license plates, when viewed from a vehicle 16 equipped with standard headlights, must be visible for a distance of 17 not less than 1,500 feet and readable for a distance of not less than 18 110 feet. 19 5. Every license plate must have displayed upon it: 20 (a) The registration number, or combination of letters and 21 numbers, assigned to the vehicle and to the owner thereof; 22 (b) The name of this State, which may be abbreviated; 23 (c) If issued for a calendar year, the year; and 24 (d) Except as otherwise provided in NRS 482.2085, if issued for 25 a registration period other than a calendar year, the month and year 26 the registration expires. 27 Sec. 42. NRS 482.275 is hereby amended to read as follows: 28 482.275 1. The license plates for a motor vehicle other than a 29 motorcycle, moped or motor vehicle being transported by a licensed 30 vehicle transporter must be attached thereto, one in the rear and, 31 except as otherwise provided in subsection 2, one in the front. The 32 license plate issued for all other vehicles required to be registered 33 must be attached to the rear of the vehicle. The license plates must 34 be so displayed during the current calendar year or registration 35 period. 36 2. If the motor vehicle was not manufactured to include a 37 bracket, device or other contrivance to display and secure a front 38 license plate, and if the manufacturer of the motor vehicle provided 39 no other means or method by which a front license plate may be 40 displayed upon and secured to the motor vehicle: 41 (a) One license plate must be attached to the motor vehicle in 42 the rear; and 43 (b) The other license plate may, at the option of the owner of the 44 vehicle, be attached to the motor vehicle in the front. 45 – 40 – - *SB243* 3. The provisions of subsection 2 do not relieve the 1 Department or a Class I authorized third party of the duty to issue 2 a set of two license plates as otherwise required pursuant to NRS 3 482.265 or other applicable law and do not entitle the owner of a 4 motor vehicle to pay a reduced tax or fee in connection with the 5 registration or transfer of the motor vehicle. If the owner of a motor 6 vehicle, in accordance with the provisions of subsection 2, exercises 7 the option to attach a license plate only to the rear of the motor 8 vehicle, the owner shall: 9 (a) Retain the other license plate; and 10 (b) Insofar as it may be practicable, return or surrender both 11 plates to the Department as a set when required by law to do so. 12 4. Every license plate must at all times be securely fastened to 13 the vehicle to which it is assigned so as to prevent the plate from 14 swinging and at a height not less than 12 inches from the ground, 15 measuring from the bottom of such plate, in a place and position to 16 be clearly visible, and must be maintained free from foreign 17 materials and in a condition to be clearly legible. 18 5. Any license plate which is issued to a vehicle transporter or 19 a dealer, rebuilder or manufacturer may be attached to a vehicle 20 owned or controlled by that person by a secure means. No license 21 plate may be displayed loosely in the window or by any other 22 unsecured method in any motor vehicle. 23 Sec. 43. NRS 482.280 is hereby amended to read as follows: 24 482.280 1. Except as otherwise provided in NRS 482.2155, 25 the registration of every vehicle expires at midnight on the day 26 specified on the receipt of registration, unless the day specified falls 27 on a Saturday, Sunday or legal holiday. If the day specified on the 28 receipt of registration is a Saturday, Sunday or legal holiday, the 29 registration of the vehicle expires at midnight on the next judicial 30 day. Except as otherwise provided in NRS 482.2085, the 31 Department shall mail to each holder of a certificate of registration a 32 notification for renewal of registration for the following period of 33 registration. The notifications must be mailed by the Department in 34 sufficient time to allow all applicants to mail the notifications to the 35 Department or to renew the certificate of registration with an 36 authorized third party, at a kiosk or authorized inspection station or 37 via the Internet or an interactive response system and to receive new 38 certificates of registration and license plates, stickers, tabs or other 39 suitable devices by mail before the expiration of their registrations. 40 An applicant may present or submit the notification to a Class I 41 authorized third party or any agent or office of the Department. 42 2. A notification: 43 – 41 – - *SB243* (a) Mailed or presented to the Department , a Class I authorized 1 third party or [to] a county assessor pursuant to the provisions of 2 this section; 3 (b) Submitted to the Department pursuant to NRS 482.294; or 4 (c) Presented to an authorized inspection station or authorized 5 station pursuant to the provisions of NRS 482.281, 6 must include, if required, evidence of compliance with standards 7 for the control of emissions. 8 3. The Department shall include with each notification mailed 9 pursuant to subsection 1: 10 (a) The amount of the governmental services tax to be collected 11 pursuant to the provisions of NRS 482.260. 12 (b) The amount set forth in a notice of nonpayment filed with 13 the Department by a local authority pursuant to NRS 484B.527. 14 (c) A statement which informs the applicant: 15 (1) That, pursuant to NRS 485.185, the applicant is legally 16 required to maintain insurance during the period in which the motor 17 vehicle is registered which must be provided by an insurance 18 company licensed by the Division of Insurance of the Department of 19 Business and Industry and approved to do business in this State; and 20 (2) Of any other applicable requirements set forth in chapter 21 485 of NRS and any regulations adopted pursuant thereto. 22 (d) A statement which informs the applicant that, if the applicant 23 is required to report the mileage or any other information required 24 by the Department pursuant to NRS 482.2177, the applicant must 25 submit to the Department or Class I authorized third party the 26 mileage shown on the odometer of the vehicle at the time of 27 application for renewal and any other information required by the 28 Department. 29 (e) A statement which informs the applicant that, if the applicant 30 renews a certificate of registration with a Class I authorized third 31 party, at a kiosk or via the Internet, he or she may make a 32 nonrefundable monetary contribution of $2 for each vehicle 33 registration renewed for the Complete Streets Program, if any, 34 created pursuant to NRS 244.2643, 277A.285 or 403.575, as 35 applicable, based on the declaration made pursuant to paragraph (c) 36 of subsection 3 of NRS 482.215. The notification must state in a 37 clear and conspicuous manner that a contribution for a Complete 38 Streets Program is nonrefundable and voluntary and is in addition to 39 any fees required for registration. 40 4. An application for renewal of a certificate of registration 41 submitted at a kiosk or via the Internet must include a statement 42 which informs the applicant that he or she may make a 43 nonrefundable monetary contribution of $2, for each vehicle 44 registration which is renewed at a kiosk or via the Internet, for the 45 – 42 – - *SB243* Complete Streets Program, if any, created pursuant to NRS 1 244.2643, 277A.285 or 403.575, as applicable, based on the 2 declaration made pursuant to paragraph (c) of subsection 3 of NRS 3 482.215. The application must state in a clear and conspicuous 4 manner that a contribution for a Complete Streets Program is 5 nonrefundable and voluntary and is in addition to any fees required 6 for registration, and must include a method by which the applicant 7 must indicate his or her intention to opt in or opt out of making such 8 a contribution. 9 5. Except as otherwise provided in NRS 482.2918, an owner 10 who has made proper application for renewal of registration before 11 the expiration of the current registration but who has not received 12 the license plate or plates or card of registration for the ensuing 13 period of registration is entitled to operate or permit the operation of 14 that vehicle upon the highways upon displaying thereon the license 15 plate or plates issued for the preceding period of registration for 16 such a time as may be prescribed by the Department as it may find 17 necessary for the issuance of the new plate or plates or card of 18 registration. 19 Sec. 44. NRS 482.2805 is hereby amended to read as follows: 20 482.2805 1. Except as otherwise provided in subsection 3, 21 the Department of Motor Vehicles or a Class I authorized third 22 party shall not renew the registration of a motor vehicle if a local 23 authority has filed with the Department of Motor Vehicles a notice 24 of nonpayment pursuant to NRS 484B.527, or if the Department of 25 Transportation or a private partner under a public-private 26 partnership has filed a notice of nonpayment pursuant to section 42 27 of the Boulder City Bypass Toll Road Demonstration Project Act, 28 unless, at the time for renewal of the registration, the registered 29 owner of the motor vehicle provides to the Department of Motor 30 Vehicles or a Class I authorized third party a receipt issued by the 31 local authority pursuant to NRS 482.2807, or a receipt issued by the 32 Department of Transportation or a private partner under a public-33 private partnership. 34 2. If the registered owner provides a receipt to the Department 35 of Motor Vehicles or a Class I authorized third party pursuant to 36 subsection 1 and complies with the other requirements of this 37 chapter, the Department of Motor Vehicles or Class I authorized 38 third party shall renew the registration of the motor vehicle. 39 3. The Department of Motor Vehicles or a Class I authorized 40 third party shall renew the registration of a motor vehicle owned by 41 a short-term lessor for which the Department of Motor Vehicles or a 42 Class I authorized third party has received a notice of nonpayment 43 pursuant to NRS 484B.527 or section 42 of the Boulder City Bypass 44 Toll Road Demonstration Project Act without requiring the short-45 – 43 – - *SB243* term lessor to provide a receipt pursuant to subsection 1 if the short-1 term lessor submits to the Department of Motor Vehicles or a Class 2 I authorized third party a certificate issued by a local authority, the 3 Department of Transportation or a private partner under a public-4 private partnership pursuant to subsection 4. 5 4. A local authority, the Department of Transportation or a 6 private partner under a public-private partnership shall, upon 7 request, issue to a short-term lessor a certificate which requires the 8 Department of Motor Vehicles or a Class I authorized third party 9 to renew the registration of a motor vehicle owned by the short-term 10 lessor without requiring the short-term lessor to provide a receipt 11 pursuant to subsection 1 if the short-term lessor provides the local 12 authority, the Department of Transportation or a private partner 13 under a public-private partnership with the name, address and 14 number of the driver’s license of the short-term lessee who was 15 leasing the vehicle at the time of the violation. 16 5. Upon the request of the registered owner of a motor vehicle, 17 the Department of Motor Vehicles shall provide a copy of the notice 18 of nonpayment filed with the Department of Motor Vehicles by the 19 local authority pursuant to NRS 484B.527 or the Department of 20 Transportation or a private partner under a public-private 21 partnership pursuant to section 42 of the Boulder City Bypass Toll 22 Road Demonstration Project Act. 23 6. If the registration of a motor vehicle that is identified in a 24 notice of nonpayment filed with the Department of Motor Vehicles 25 by a local authority pursuant to NRS 484B.527 or the Department of 26 Transportation or a private partner under a public-private 27 partnership pursuant to section 42 of the Boulder City Bypass Toll 28 Road Demonstration Project Act is not renewed for two consecutive 29 periods of registration, the Department of Motor Vehicles shall 30 delete any records maintained by the Department of Motor Vehicles 31 concerning that notice. 32 7. The Department of Motor Vehicles may require a local 33 authority to pay a fee for the creation, maintenance or revision of a 34 record of the Department of Motor Vehicles concerning a notice of 35 nonpayment filed with the Department of Motor Vehicles by the 36 local authority pursuant to NRS 484B.527. The Department of 37 Motor Vehicles may require the Department of Transportation or a 38 private partner under a public-private partnership to pay a fee for the 39 creation, maintenance or revision of a record of the Department of 40 Motor Vehicles concerning a notice of nonpayment filed with the 41 Department of Motor Vehicles by the Department of Transportation 42 or a private partner under a public-private partnership pursuant to 43 section 42 of the Boulder City Bypass Toll Road Demonstration 44 Project Act. The Department of Motor Vehicles shall, by regulation, 45 – 44 – - *SB243* establish any fee required by this subsection. Any fees collected by 1 the Department pursuant to this subsection must be: 2 (a) Deposited with the State Treasurer for credit to the Motor 3 Vehicle Fund; and 4 (b) Allocated to the Department to defray the cost of carrying 5 out the provisions of this section. 6 Sec. 45. NRS 482.283 is hereby amended to read as follows: 7 482.283 Each holder of a valid registration, upon changing his 8 or her name or place of residence, shall notify the Department or a 9 Class I authorized third party of the change within 30 days after the 10 change and shall include in the notice both the old and new names 11 and residence addresses. 12 Sec. 46. NRS 482.285 is hereby amended to read as follows: 13 482.285 1. If any certificate of registration or certificate of 14 title is lost, mutilated or illegible, the person to whom it was issued 15 shall immediately make application for and obtain a duplicate or 16 substitute therefor upon furnishing information satisfactory to the 17 Department or a Class I authorized third party and upon payment 18 of the required fees. An applicant who is unable to furnish 19 information satisfactory to the Department or a Class I authorized 20 third party that the applicant is entitled to a duplicate or substitute 21 certificate of title pursuant to this subsection may obtain a new 22 certificate of title pursuant to the provisions of NRS 482.2605. 23 2. If any license plate or plates or any decal is lost, mutilated or 24 illegible, the person to whom it was issued shall immediately make 25 application for and obtain: 26 (a) A duplicate number plate or a substitute number plate; 27 (b) A substitute decal; or 28 (c) A combination of both (a) and (b), 29 as appropriate, upon furnishing information satisfactory to the 30 Department or a Class I authorized third party and payment of the 31 fees required by NRS 482.500. 32 3. If any license plate or plates or any decal is stolen, the 33 person to whom it was issued shall immediately make application 34 for and obtain: 35 (a) A substitute number plate; 36 (b) A substitute decal; or 37 (c) A combination of both (a) and (b), 38 as appropriate, upon furnishing information satisfactory to the 39 Department or a Class I authorized third party and payment of the 40 fees required by NRS 482.500. 41 4. The Department or a Class I authorized third party shall 42 issue duplicate number plates or substitute number plates and, if 43 applicable, a substitute decal, if the applicant: 44 – 45 – - *SB243* (a) Returns the mutilated or illegible plates to the Department or 1 a Class I authorized third party or signs a declaration that the plates 2 were lost, mutilated or illegible; and 3 (b) Complies with the provisions of subsection 6. 4 5. The Department or a Class I authorized third party shall 5 issue substitute number plates and, if applicable, a substitute decal, 6 if the applicant: 7 (a) Signs a declaration that the plates were stolen; and 8 (b) Complies with the provisions of subsection 6. 9 6. Except as otherwise provided in this subsection, an applicant 10 who desires duplicate number plates or substitute number plates 11 must make application for renewal of registration. Except as 12 otherwise provided in subsection 8 or 9 of NRS 482.260, credit 13 must be allowed for the portion of the registration fee and 14 governmental services tax attributable to the remainder of the 15 current registration period. In lieu of making application for renewal 16 of registration, an applicant may elect to make application solely 17 for: 18 (a) Duplicate number plates or substitute number plates, and a 19 substitute decal, if the previous license plates were lost, mutilated or 20 illegible; or 21 (b) Substitute number plates and a substitute decal, if the 22 previous license plates were stolen. 23 7. An applicant who makes the election described in subsection 24 6 retains the current date of expiration for the registration of the 25 applicable vehicle and is not, as a prerequisite to receiving duplicate 26 number plates or substitute number plates or a substitute decal, 27 required to: 28 (a) Submit evidence of compliance with controls over emission; 29 or 30 (b) Pay the registration fee and governmental services tax 31 attributable to a full period of registration. 32 Sec. 47. NRS 482.295 is hereby amended to read as follows: 33 482.295 The Department , [or] a registered dealer or a Class I 34 authorized third party shall not register a vehicle intended to be 35 leased by a short-term lessor until the owner demonstrates to the 36 Department the owner’s financial ability to respond to damages by 37 providing evidence of insurance as that term is defined in 38 NRS 485.034. 39 Sec. 48. NRS 482.385 is hereby amended to read as follows: 40 482.385 1. Except as otherwise provided in subsections 5 and 41 7 and NRS 482.390 and 482.3961, a nonresident owner of a vehicle 42 of a type subject to registration pursuant to the provisions of this 43 chapter, owning any vehicle which has been registered for the 44 current year in the state, country or other place of which the owner 45 – 46 – - *SB243* is a resident and which at all times when operated in this State has 1 displayed upon it the registration license plate issued for the vehicle 2 in the place of residence of the owner, may operate or permit the 3 operation of the vehicle within this State without its registration in 4 this State pursuant to the provisions of this chapter and without the 5 payment of any registration fees to this State: 6 (a) For a period of not more than 30 days in the aggregate in any 7 1 calendar year; and 8 (b) Notwithstanding the provisions of paragraph (a), during any 9 period in which the owner is: 10 (1) On active duty in the military service of the United 11 States; 12 (2) An out-of-state student; 13 (3) Registered as a student at a college or university located 14 outside this State and who is in the State for a period of not more 15 than 6 months to participate in a work-study program for which the 16 student earns academic credits from the college or university; or 17 (4) A migrant or seasonal farm worker. 18 2. This section does not: 19 (a) Prohibit the use of manufacturers’, distributors’ or dealers’ 20 license plates issued by any state or country by any nonresident in 21 the operation of any vehicle on the public highways of this State. 22 (b) Require registration of vehicles of a type subject to 23 registration pursuant to the provisions of this chapter operated by 24 nonresident common motor carriers of persons or property, contract 25 motor carriers of persons or property, or private motor carriers of 26 property as stated in NRS 482.390. 27 (c) Require registration of a vehicle operated by a border state 28 employee. 29 3. Except as otherwise provided in subsection 5, when a 30 person, formerly a nonresident, becomes a resident of this State, the 31 person shall: 32 (a) Within 30 days after becoming a resident; or 33 (b) At the time he or she obtains a driver’s license, 34 whichever occurs earlier, apply for the registration of each 35 vehicle the person owns which is operated in this State. When a 36 person, formerly a nonresident, applies for a driver’s license in this 37 State, the Department shall inform the person of the requirements 38 imposed by this subsection and of the penalties that may be imposed 39 for failure to comply with the provisions of this subsection. 40 4. A citation may be issued pursuant to subsection 1, 3 or 5 41 only if the violation is discovered when the vehicle is halted or its 42 driver arrested for another alleged violation or offense. The 43 Department shall maintain or cause to be maintained a list or other 44 record of persons who fail to comply with the provisions of 45 – 47 – - *SB243* subsection 3 and shall [, at least once each month,] provide a copy 1 of that list or record to [the] : 2 (a) Every Class I authorized third party at least once each day; 3 and 4 (b) The Department of Public Safety [.] at least once each 5 month. 6 5. Except as otherwise provided in this subsection and NRS 7 482.3961, a resident or nonresident owner of a vehicle of a type 8 subject to registration pursuant to the provisions of this chapter who 9 engages in a trade, profession or occupation or accepts gainful 10 employment in this State or who enrolls his or her children in a 11 public school in this State shall, within 30 days after the 12 commencement of such employment or enrollment, apply for the 13 registration of each vehicle the person owns which is operated in 14 this State. The provisions of this subsection do not apply to a 15 nonresident who is: 16 (a) On active duty in the military service of the United States; 17 (b) An out-of-state student; 18 (c) Registered as a student at a college or university located 19 outside this State and who is in the State for a period of not more 20 than 6 months to participate in a work-study program for which the 21 student earns academic credits from the college or university; or 22 (d) A migrant or seasonal farm worker. 23 6. A person who violates the provisions of subsection 1, 3 or 5 24 is guilty of a misdemeanor and, except as otherwise provided in this 25 subsection, shall be punished by a fine of $1,000. The fine imposed 26 pursuant to this subsection is in addition to any fine or penalty 27 imposed for the other alleged violation or offense for which the 28 vehicle was halted or its driver arrested pursuant to subsection 4. 29 The fine imposed pursuant to this subsection may be reduced to not 30 less than $200 if the person presents evidence at the time of the 31 hearing that the person has registered the vehicle pursuant to this 32 chapter. 33 7. Any resident operating upon a highway of this State a motor 34 vehicle which is owned by a nonresident and which is furnished to 35 the resident operator for his or her continuous use within this State, 36 shall cause that vehicle to be registered within 30 days after 37 beginning its operation within this State. 38 8. A person registering a vehicle pursuant to the provisions of 39 subsection 1, 3, 5, 7 or 9 or pursuant to NRS 482.390: 40 (a) Must be assessed the registration fees and governmental 41 services tax, as required by the provisions of this chapter and 42 chapter 371 of NRS; and 43 (b) Must not be allowed credit on those taxes and fees for the 44 unused months of the previous registration. 45 – 48 – - *SB243* 9. If a vehicle is used in this State for a gainful purpose, the 1 owner shall immediately apply to the Department or a Class I 2 authorized third party for registration, except as otherwise provided 3 in NRS 482.390, 482.395, 482.3961 and 706.801 to 706.861, 4 inclusive. 5 10. An owner registering a vehicle pursuant to the provisions 6 of this section shall surrender the existing nonresident license plates 7 and registration certificates to the Department or Class I authorized 8 third party for cancellation. 9 11. A vehicle may be cited for a violation of this section 10 regardless of whether it is in operation or is parked on a highway, in 11 a public parking lot or on private property which is open to the 12 public if, after communicating with the owner or operator of the 13 vehicle, the peace officer issuing the citation determines that: 14 (a) The owner of the vehicle is a resident of this State; 15 (b) The vehicle is used in this State for a gainful purpose; 16 (c) Except as otherwise provided in paragraph (b) of subsection 17 1, the owner of the vehicle is a nonresident and has operated the 18 vehicle in this State for more than 30 days in the aggregate in any 1 19 calendar year; or 20 (d) The owner of the vehicle is a nonresident required to register 21 the vehicle pursuant to subsection 5. 22 12. A constable may issue a citation for a violation of this 23 section only if the vehicle is located in his or her township at the 24 time the citation is issued. 25 13. As used in this section, “peace officer” includes a 26 constable. 27 Sec. 49. NRS 482.396 is hereby amended to read as follows: 28 482.396 1. A person who is not a dealer, manufacturer or 29 rebuilder may apply to the Department or a Class I authorized third 30 party for a permit to operate a vehicle which: 31 (a) Is not subject to the provisions of NRS 482.390, 482.395 and 32 706.801 to 706.861, inclusive; and 33 (b) Is not currently registered in this State, another state or a 34 foreign country, or has been purchased by the applicant from a 35 person who is not a dealer. 36 2. The Department shall adopt regulations imposing a fee for 37 the issuance of the permit. 38 3. Each permit must: 39 (a) Bear the date of expiration in numerals of sufficient size to 40 be plainly readable from a reasonable distance during daylight; 41 (b) Expire at 5 p.m. not more than 60 days after its date of 42 issuance; 43 (c) Be affixed to the vehicle in the manner prescribed by the 44 Department; and 45 – 49 – - *SB243* (d) Be removed and destroyed upon its expiration or the 1 issuance of a new permit or a certificate of registration for the 2 vehicle, whichever occurs first. 3 4. The Department or a Class I authorized third party may 4 authorize the issuance of more than one permit for the vehicle to be 5 operated by the applicant. 6 5. A person who is not a dealer, manufacturer or rebuilder who 7 purchased a vehicle described in subsection 1 may move the vehicle 8 without being issued a permit pursuant to this section for 3 days 9 after the date of purchase if the person carries in the vehicle: 10 (a) Proof of ownership or proof of purchase; and 11 (b) Proof of liability insurance. 12 Sec. 50. NRS 482.399 is hereby amended to read as follows: 13 482.399 1. Upon the transfer of the ownership of or interest 14 in any vehicle by any holder of a valid registration, or upon 15 destruction of the vehicle, the registration expires. 16 2. Except as otherwise provided in NRS 482.2155 and 17 subsection 3 of NRS 482.483, the holder of the original registration 18 may transfer the registration to another vehicle to be registered by 19 the holder and use the same regular license plate or plates or special 20 license plate or plates issued pursuant to NRS 482.3667 to 21 482.3823, inclusive, or 482.384, on the vehicle from which the 22 registration is being transferred, if the license plate or plates are 23 appropriate for the second vehicle, upon filing an application for 24 transfer of registration and upon paying the transfer registration fee 25 and the excess, if any, of the registration fee and governmental 26 services tax on the vehicle to which the registration is transferred 27 over the total registration fee and governmental services tax paid on 28 all vehicles from which he or she is transferring ownership or 29 interest. Except as otherwise provided in NRS 482.294, an 30 application for transfer of registration must be made in person, if 31 practicable, to any office or agent of the Department , to a Class I 32 authorized third party or to a registered dealer, and the license plate 33 or plates may not be used upon a second vehicle until registration of 34 that vehicle is complete. 35 3. In computing the governmental services tax, the 36 Department, its agent , [or] the registered dealer or the Class I 37 authorized third party, as applicable, shall credit the portion of the 38 tax paid on the first vehicle attributable to the remainder of the 39 current registration period or calendar year on a pro rata monthly 40 basis against the tax due on the second vehicle or on any other 41 vehicle of which the person is the registered owner. If any person 42 transfers ownership or interest in two or more vehicles, the 43 Department , [or] the registered dealer or the Class I authorized 44 third party, as applicable, shall credit the portion of the tax paid on 45 – 50 – - *SB243* all of the vehicles attributable to the remainder of the current 1 registration period or calendar year on a pro rata monthly basis 2 against the tax due on the vehicle to which the registration is 3 transferred or on any other vehicle of which the person is the 4 registered owner. The certificates of registration and unused license 5 plates of the vehicles from which a person transfers ownership or 6 interest must be submitted before credit is given against the tax due 7 on the vehicle to which the registration is transferred or on any other 8 vehicle of which the person is the registered owner. 9 4. In computing the registration fee, the Department or its 10 agent , [or] the registered dealer or the Class I authorized third 11 party, as applicable, shall credit the portion of the registration fee 12 paid on each vehicle attributable to the remainder of the current 13 calendar year or registration period on a pro rata basis against the 14 registration fee due on the vehicle to which registration is 15 transferred. 16 5. If the amount owed on the registration fee or governmental 17 services tax on the vehicle to which registration is transferred is less 18 than the credit on the total registration fee or governmental services 19 tax paid on all vehicles from which a person transfers ownership or 20 interest, the person may apply the unused portion of the credit to the 21 registration of any other vehicle owned by the person. Any unused 22 portion of such a credit expires on the date the registration of the 23 vehicle from which the person transferred the registration was due 24 to expire. 25 6. If the license plate or plates are not appropriate for the 26 second vehicle, the plate or plates must be surrendered to the 27 Department , [or] registered dealer or Class I authorized third party 28 and an appropriate plate or plates must be issued by the Department 29 [.] or the Class I authorized third party. The Department shall not 30 reissue the surrendered plate or plates until the next succeeding 31 licensing period. 32 7. If application for transfer of registration is not made within 33 60 days after the destruction or transfer of ownership of or interest 34 in any vehicle, the license plate or plates must be surrendered to the 35 Department on or before the 60th day for cancellation of the 36 registration. 37 8. Except as otherwise provided in subsection 2 of NRS 38 371.040, NRS 482.2155, subsections 8 and 9 of NRS 482.260 and 39 subsection 3 of NRS 482.483, if a person cancels his or her 40 registration and surrenders to the Department or a Class I 41 authorized third party the license plates for a vehicle, the 42 Department shall: 43 (a) In accordance with the provisions of subsection 9, issue to 44 the person a refund of the portion of the registration fee and 45 – 51 – - *SB243* governmental services tax paid on the vehicle attributable to the 1 remainder of the current calendar year or registration period on a pro 2 rata basis; or 3 (b) If the person does not qualify for a refund in accordance with 4 the provisions of subsection 9, issue to the person a credit in the 5 amount of the portion of the registration fee and governmental 6 services tax paid on the vehicle attributable to the remainder of the 7 current calendar year or registration period on a pro rata basis. Such 8 a credit may be applied by the person to the registration of any other 9 vehicle owned by the person. Any unused portion of the credit 10 expires on the date the registration of the vehicle from which the 11 person obtained a refund was due to expire. 12 9. The Department shall issue a refund pursuant to subsection 8 13 only if the request for a refund is made at the time the registration is 14 cancelled and the license plates are surrendered, the person 15 requesting the refund is a resident of Nevada, the amount eligible 16 for refund exceeds $100, and evidence satisfactory to the 17 Department is submitted that reasonably proves the existence of 18 extenuating circumstances. For the purposes of this subsection, the 19 term “extenuating circumstances” means circumstances wherein: 20 (a) The person has recently relinquished his or her driver’s 21 license and has sold or otherwise disposed of his or her vehicle. 22 (b) The vehicle has been determined to be inoperable and the 23 person does not transfer the registration to a different vehicle. 24 (c) The owner of the vehicle is seriously ill or has died and the 25 guardians or survivors have sold or otherwise disposed of the 26 vehicle. 27 (d) Any other event occurs which the Department, by regulation, 28 has defined to constitute an “extenuating circumstance” for the 29 purposes of this subsection. 30 Sec. 51. NRS 482.410 is hereby amended to read as follows: 31 482.410 The transferee of a vehicle shall apply for a certificate 32 of registration and pay the governmental services tax to the deputy 33 registrar of motor vehicles in any county of this State [,] or to a 34 Class I authorized third party in the manner provided in this 35 chapter for an original registration. 36 Sec. 52. NRS 482.426 is hereby amended to read as follows: 37 482.426 When a used or rebuilt vehicle is sold in this State by 38 a person who is not a dealer or rebuilder, the seller or buyer or both 39 of them shall, within 10 days after the sale: 40 1. Submit to the Department [:] or a Class I authorized third 41 party: 42 (a) If a certificate of title has been issued in this State, the 43 certificate properly endorsed. 44 – 52 – - *SB243* (b) If a certificate of title or other document of title has been 1 issued by a public authority of another state, territory or country: 2 (1) The certificate or document properly endorsed; and 3 (2) A statement containing, if not included in the endorsed 4 certificate or document, the description of the vehicle, including 5 whether it is a rebuilt vehicle, the names and addresses of the buyer 6 and seller, and the name and address of any person who takes or 7 retains a purchase money security interest. Any such statement must 8 be signed and acknowledged by the seller and the buyer. 9 (c) If no document of title has been issued by any public 10 authority, a statement containing all the information and signed and 11 acknowledged in the manner required by subparagraph (2) of 12 paragraph (b). 13 2. Remit to the Department or the Class I authorized third 14 party the fee set forth in NRS 482.429 for the processing of an 15 endorsed certificate of title or statement submitted to the 16 Department or Class I authorized third party pursuant to this 17 section. 18 Sec. 53. NRS 482.427 is hereby amended to read as follows: 19 482.427 1. Upon receipt of the documents required 20 respectively by NRS 482.423, 482.424 and 482.426 to be submitted 21 to it, and the payment of all required fees, the Department or the 22 Class I authorized third party shall issue a certificate of title. 23 2. If no security interest is created or exists in connection with 24 the sale, the certificate of title must be issued to the buyer. 25 3. If a security interest is created by the sale, the certificate of 26 title must be issued to the secured party or to his or her assignee. 27 Sec. 54. NRS 482.429 is hereby amended to read as follows: 28 482.429 1. For its services under this chapter, the Department 29 shall adopt regulations specifying the amount of the fees which the 30 Department or a Class I authorized third party will charge and 31 collect: 32 (a) For each certificate of title issued for a vehicle present or 33 registered in this State. 34 (b) For each duplicate certificate of title issued. 35 (c) For each certificate of title issued for a vehicle not present in 36 or registered in this State. 37 (d) For expedited processing of a certificate of title issued 38 pursuant to paragraph (a), (b) or (c). 39 (e) For expedited mailing of a certificate of title issued pursuant 40 to paragraph (a), (b) or (c), that does not include prepaid postage. 41 (f) For the processing of each dealer’s or rebuilder’s report of 42 sale submitted to the Department. 43 (g) For the processing of each long-term lessor’s report of lease 44 submitted to the Department. 45 – 53 – - *SB243* (h) For the processing of each endorsed certificate of title or 1 statement submitted to the Department or a Class I authorized third 2 party upon the sale of a used or rebuilt vehicle in this State by a 3 person who is not a dealer or rebuilder. 4 2. Any fee paid pursuant to paragraphs (d) and (e) of 5 subsection 1 must be deposited with the State Treasurer for credit to 6 the Motor Vehicle Fund and allocated to the Department to defray 7 the costs of processing and mailing certificates of title. 8 Sec. 55. NRS 484B.527 is hereby amended to read as follows: 9 484B.527 1. If the registered owner of a motor vehicle fails 10 to pay any civil penalty or criminal fine or any other charge imposed 11 against the registered owner for a violation of: 12 (a) The provisions of NRS 484B.440 to 484B.523, inclusive; or 13 (b) An ordinance of a local authority authorized by chapters 14 484A to 484E, inclusive, of NRS which covers the same subject 15 matter as the provisions of NRS 484B.440 to 484B.523, inclusive, 16 the local authority which imposed that penalty, fine or charge 17 may file a notice of nonpayment with the Department. 18 2. The notice must include: 19 (a) The time, place and date of each violation; 20 (b) The number of the license plate of the vehicle and the make 21 and model year of the vehicle; 22 (c) The amount of the fine and any other charge imposed for 23 each violation; 24 (d) The total amount of money owed to the local authority for 25 those violations; and 26 (e) Any other information the Department may require. 27 3. The Department shall forward to each Class I authorized 28 third party a list of vehicles and license plates for which a notice 29 has been received by the Department pursuant to this section. 30 4. The Department shall adopt regulations which prescribe the 31 form for the notice of nonpayment and any information which must 32 be included in that notice. 33 Sec. 56. NRS 487.810 is hereby amended to read as follows: 34 487.810 1. The state agency or a Class I authorized third 35 party may issue a salvage title for a vehicle, which contains a brief 36 description of the vehicle, including, insofar as data may exist with 37 respect to the vehicle, the make, type, serial number and motor 38 number, or any other number of the vehicle, upon application, to: 39 (a) The owner of the vehicle; 40 (b) The person to whom the vehicle is titled; 41 (c) An insurance company that acquires the vehicle as a salvage 42 vehicle pursuant to subsection 1 of NRS 487.800; 43 (d) A lienholder who acquires title to the vehicle; 44 – 54 – - *SB243* (e) A salvage pool who acquires the vehicle pursuant to 1 subsection 10 of NRS 487.800; or 2 (f) An organization that acquires the vehicle pursuant to 3 subsection 11 of NRS 487.800. 4 2. A properly endorsed title, together with a disclosure of 5 mileage, as required pursuant to the provisions of 49 U.S.C. §§ 6 32701 et seq. and 49 C.F.R. § 580.5, must be submitted with the 7 application for salvage title. 8 3. Within 2 days after receiving all necessary documents, the 9 state agency or Class I authorized third party shall issue a salvage 10 title for the vehicle. 11 4. Except as otherwise provided in this subsection, the state 12 agency or Class I authorized third party shall charge and collect a 13 fee of $10 for the issuance of a salvage title pursuant to this section. 14 The state agency or Class I authorized third party shall not charge a 15 fee for the issuance of a salvage title to an automobile wrecker 16 licensed in this State. Fees collected by the state agency or Class I 17 authorized third party pursuant to this subsection must be deposited 18 with the State Treasurer for credit to the Revolving Account for the 19 Issuance of Salvage Titles created by NRS 487.825. 20 5. Ownership interest in a salvage vehicle may not be 21 transferred unless a salvage title has been issued by the state agency 22 for the vehicle. 23 6. Possession of a salvage title does not entitle a person to 24 dismantle, scrap, process or wreck any vehicle in this State unless 25 the person holds a license issued pursuant to NRS 487.050. 26 7. The Department or a Class I authorized third party shall not 27 issue a salvage title for a nonrepairable vehicle. 28 Sec. 57. NRS 487.820 is hereby amended to read as follows: 29 487.820 1. Except as otherwise provided in subsection 2, 10 30 or 11 of NRS 487.800, if the applicant for a salvage title is unable to 31 furnish the certificates of title and registration last issued for the 32 vehicle, the state agency or Class I authorized third party may 33 accept the application, examine the circumstances of the case and 34 require the filing of suitable affidavits or other information or 35 documents. If satisfied that the applicant is entitled to a salvage title, 36 the state agency or Class I authorized third party may issue the 37 salvage title. 38 2. No duplicate certificate of title or registration may be issued 39 when a salvage title is applied for, and no fees are required for the 40 affidavits of any stolen, lost or damaged certificate, or duplicates 41 thereof, unless the vehicle is subsequently registered. 42 3. If an applicant is unable to satisfy the state agency or Class I 43 authorized third party that the applicant is entitled to a salvage title 44 – 55 – - *SB243* pursuant to subsection 1, the applicant may obtain a salvage title 1 from the state agency or Class I authorized third party by: 2 (a) Filing a bond with the state agency that meets the 3 requirements of subsection 5; 4 (b) Allowing the state agency or Class I authorized third party 5 to inspect the vehicle to verify the vehicle identification number and 6 the identification numbers, if any, for parts used to repair the 7 vehicle; and 8 (c) Authorizing the state agency or Class I authorized third 9 party to conduct a search through any national crime information 10 system, including, without limitation, the: 11 (1) National Crime Information Center, as defined in NRS 12 179A.061; and 13 (2) National Motor Vehicle Title Information System of the 14 United States Department of Justice. 15 4. Any person damaged by the issuance of the salvage title 16 pursuant to subsection 3 has a right of action to recover on the bond 17 for any breach of its conditions, except the aggregate liability of the 18 surety to all persons must not exceed the amount of the bond. The 19 state agency shall return the bond, and any deposit accompanying it, 20 3 years after the bond was filed with the state agency, except that 21 the state agency must not return the bond if the state agency has 22 been notified of the pendency of an action to recover on the bond. 23 5. The bond required pursuant to subsection 3 must be: 24 (a) In a form prescribed by the state agency; 25 (b) Executed by the applicant as principal and by a corporation 26 qualified under the laws of this State as surety; 27 (c) In an amount equal to 25 percent of the value of the vehicle, 28 as determined by the state agency; and 29 (d) Conditioned to indemnify any: 30 (1) Prior owner or lienholder of the vehicle, and his or her 31 successors in interest; 32 (2) Subsequent purchaser of the vehicle, and his or her 33 successors in interest; or 34 (3) Person acquiring a security interest in the vehicle, and his 35 or her successors in interest, 36 against any expense, loss or damage because of the issuance of 37 the salvage title or because of any defect in or undisclosed security 38 interest in the applicant’s right or title to the vehicle or the 39 applicant’s interest in the vehicle. 40 6. A right of action does not exist in favor of any person by 41 reason of any action or failure to act on the part of the state agency 42 or any officer or employee thereof in carrying out the provisions of 43 subsections 3, 4 and 5, or in giving or failing to give any 44 – 56 – - *SB243* information concerning the legal ownership of a vehicle or the 1 existence of a salvage title obtained pursuant to subsection 3. 2 Sec. 58. NRS 490.082 is hereby amended to read as follows: 3 490.082 1. An owner of an off-highway vehicle that is 4 acquired: 5 (a) Before July 1, 2011: 6 (1) May apply for, to the Department by mail or to an 7 authorized dealer [,] or a Class I authorized third party, and obtain 8 from the Department [,] or a Class I authorized third party, a 9 certificate of title for the off-highway vehicle. 10 (2) Except as otherwise provided in subsection 3, shall, 11 within 1 year after July 1, 2011, apply for, to the Department by 12 mail or to an authorized dealer [,] or a Class I authorized third 13 party, and obtain from the Department [,] or a Class I authorized 14 third party, the registration of the off-highway vehicle. 15 (b) On or after July 1, 2011, shall, within 30 days after acquiring 16 ownership of the off-highway vehicle: 17 (1) Apply for, to the Department by mail or to an authorized 18 dealer [,] or a Class I authorized third party, and obtain from the 19 Department [,] or a Class I authorized third party, a certificate of 20 title for the off-highway vehicle. 21 (2) Except as otherwise provided in subsection 3, apply for, 22 to the Department by mail or to an authorized dealer [,] or a Class I 23 authorized third party, and obtain from the Department [,] or a 24 Class I authorized third party, the registration of the off-highway 25 vehicle pursuant to this section or NRS 490.0825. 26 2. If an owner of an off-highway vehicle applies to the 27 Department , [or to] an authorized dealer or the Class I authorized 28 third party for: 29 (a) A certificate of title for the off-highway vehicle, the owner 30 shall submit to the Department , [or to] the authorized dealer or the 31 Class I authorized third party proof prescribed by the Department 32 that he or she is the owner of the off-highway vehicle. 33 (b) Except as otherwise provided in NRS 490.0825, the 34 registration of the off-highway vehicle, the owner shall submit: 35 (1) If ownership of the off-highway vehicle was obtained 36 before July 1, 2011, proof prescribed by the Department: 37 (I) That he or she is the owner of the off-highway vehicle; 38 and 39 (II) Of the unique vehicle identification number, serial 40 number or distinguishing number obtained pursuant to NRS 41 490.0835 for the off-highway vehicle; or 42 (2) If ownership of the off-highway vehicle was obtained on 43 or after July 1, 2011: 44 – 57 – - *SB243* (I) Evidence satisfactory to the Department or Class I 1 authorized third party that he or she has paid all taxes applicable in 2 this State relating to the purchase of the off-highway vehicle, or 3 submit an affidavit indicating that he or she purchased the vehicle 4 through a private party sale and no tax is due relating to the 5 purchase of the off-highway vehicle; and 6 (II) Proof prescribed by the Department that he or she is 7 the owner of the off-highway vehicle and of the unique vehicle 8 identification number, serial number or distinguishing number 9 obtained pursuant to NRS 490.0835 for the off-highway vehicle. 10 3. Registration of an off-highway vehicle is not required if the 11 off-highway vehicle: 12 (a) Is owned and operated by: 13 (1) A federal agency; 14 (2) An agency of this State; or 15 (3) A county, incorporated city or unincorporated town in 16 this State; 17 (b) Is part of the inventory of a dealer of off-highway vehicles 18 and is affixed with a special plate provided to the off-highway 19 vehicle dealer pursuant to NRS 490.0827; 20 (c) Is registered or certified in another state and is located in this 21 State for not more than 15 days; 22 (d) Is used solely for husbandry on private land or on public 23 land that is leased to or used under a permit issued to the owner or 24 operator of the off-highway vehicle; 25 (e) Is used for work conducted by or at the direction of a public 26 or private utility; 27 (f) Was manufactured before January 1, 1976; 28 (g) Is operated solely in an organized race, festival or other 29 event that is conducted: 30 (1) Under the auspices of a sanctioning body; or 31 (2) By permit issued by a governmental entity having 32 jurisdiction; 33 (h) Except as otherwise provided in paragraph (d), is operated or 34 stored on private land or on public land that is leased to the owner or 35 operator of the off-highway vehicle, including when operated in an 36 organized race, festival or other event; 37 (i) Is used in a search and rescue operation conducted by a 38 governmental entity having jurisdiction; or 39 (j) Has a displacement of not more than 70 cubic centimeters. 40 As used in this subsection, “sanctioning body” means an 41 organization that establishes a schedule of racing events, grants 42 rights to conduct those events and establishes and administers rules 43 and regulations governing the persons who conduct or participate in 44 those events. 45 – 58 – - *SB243* 4. The registration of an off-highway vehicle pursuant to this 1 section or NRS 490.0825 expires 1 year after its issuance. If an 2 owner of an off-highway vehicle fails to renew the registration of 3 the off-highway vehicle before it expires, the registration may be 4 reinstated upon the payment to the Department or a Class I 5 authorized third party of the annual renewal fee, a late fee of $10 6 and, if applicable, proof of insurance required pursuant to NRS 7 490.0825. Any late fee collected by the Department or a Class I 8 authorized third party must be deposited with the State Treasurer 9 for credit to the Revolving Account for the Administration of Off-10 Highway Vehicle Titling and Registration created by NRS 490.085. 11 5. If a certificate of title or registration for an off-highway 12 vehicle is lost or destroyed, the owner of the off-highway vehicle 13 may apply to the Department by mail, or to an authorized dealer [,] 14 or a Class I authorized third party, for a duplicate certificate of title 15 or registration. The Department or a Class I authorized third party 16 may collect a fee to replace a certificate of title or registration 17 certificate, sticker or decal that is lost, damaged or destroyed. Any 18 such fee collected by the Department or a Class I authorized third 19 party must be: 20 (a) Set forth by the Department by regulation; and 21 (b) Deposited with the State Treasurer for credit to the 22 Revolving Account for the Administration of Off-Highway Vehicle 23 Titling and Registration created by NRS 490.085. 24 6. The provisions of subsections 1 to 5, inclusive, do not apply 25 to an owner of an off-highway vehicle who is not a resident of this 26 State. 27 Sec. 59. NRS 490.0825 is hereby amended to read as follows: 28 490.0825 1. Upon the request of an owner of a large all-29 terrain vehicle, the Department or a Class I authorized third party 30 shall register the large all-terrain vehicle to operate on the roads 31 specified in NRS 490.105. 32 2. The owner of a large all-terrain vehicle wishing to apply for 33 registration or renewal of registration pursuant to this section must 34 obtain and maintain insurance on the vehicle that meets the 35 requirements of NRS 485.185. 36 3. If an owner of a large all-terrain vehicle applies to the 37 Department or a Class I authorized third party for the registration 38 of the vehicle pursuant to this section, the owner shall submit to the 39 Department [:] or Class I authorized third party: 40 (a) The information required for registration pursuant to 41 NRS 490.082; 42 (b) The fee for registration required pursuant to NRS 490.084; 43 (c) Proof satisfactory to the Department or the Class I 44 authorized third party that the applicant carries insurance on the 45 – 59 – - *SB243* vehicle provided by an insurance company licensed by the Division 1 of Insurance of the Department of Business and Industry and 2 approved to do business in this State which meets the requirements 3 of NRS 485.185; and 4 (d) A declaration signed by the applicant that he or she will 5 maintain the insurance required by this section during the period of 6 registration. 7 Sec. 60. NRS 108.365 is hereby amended to read as follows: 8 108.365 Any person is guilty of a gross misdemeanor who 9 knowingly: 10 1. Makes or causes to be made a false entry on any affidavit of 11 lien sale or on any lien sale registration certificate for a motor 12 vehicle; 13 2. Makes or causes to be made a false entry on a certificate of 14 title as to ownership or any security interest that may exist in a 15 motor vehicle; 16 3. Fails to disclose any information which would indicate that a 17 vehicle sold or offered for sale is or should be considered a salvage 18 or nonrepairable vehicle; or 19 4. Falsifies or causes to be falsified an application or other 20 document submitted to the Department of Motor Vehicles or a 21 Class I authorized third party, as defined in section 6 of this act, to 22 obtain: 23 (a) A certificate of title or ownership; or 24 (b) A salvage title or a certificate which indicates that the 25 vehicle is nonrepairable as defined in chapter 487 of NRS. 26 Sec. 61. NRS 281.050 is hereby amended to read as follows: 27 281.050 1. The residence of a person with reference to his or 28 her eligibility to any office is the person’s actual residence within 29 the State, county, district, ward, subdistrict or any other unit 30 prescribed by law, as the case may be, during all the period for 31 which residence is claimed by the person. 32 2. Except as otherwise provided in subsections 3 and 4, if any 33 person absents himself or herself from the jurisdiction of that 34 person’s actual residence with the intention in good faith to return 35 without delay and continue such actual residence, the period of 36 absence must not be considered in determining the question of 37 residence. 38 3. If a person who has filed a declaration of candidacy for any 39 elective office moves the person’s actual residence out of the State, 40 county, district, ward, subdistrict or any other unit prescribed by 41 law, as the case may be, in which the person is required actually, as 42 opposed to constructively, to reside in order for the person to be 43 eligible to the office, a vacancy is created thereby and the 44 appropriate action for filling the vacancy must be taken. 45 – 60 – - *SB243* 4. Once a person’s actual residence is fixed, the person shall be 1 deemed to have moved the person’s actual residence for the 2 purposes of this section if: 3 (a) The person has acted affirmatively and has actually removed 4 himself or herself from the place of permanent habitation where the 5 person actually resided and was legally domiciled; 6 (b) The person has an intention to abandon the place of 7 permanent habitation where the person actually resided and was 8 legally domiciled; and 9 (c) The person has an intention to remain in another place of 10 permanent habitation where the person actually resides and is 11 legally domiciled. 12 5. Except as otherwise provided in this subsection and NRS 13 293.1265, the district court has jurisdiction to determine the 14 question of residence in any preelection action for declaratory 15 judgment brought against a person who has filed a declaration of 16 candidacy for any elective office. If the question of residence relates 17 to whether an incumbent meets any qualification concerning 18 residence required for the term of office in which the incumbent is 19 presently serving, the district court does not have jurisdiction to 20 determine the question of residence in an action for declaratory 21 judgment brought by a person pursuant to this section but has 22 jurisdiction to determine the question of residence only in an action 23 to declare the office vacant that is authorized by NRS 283.040 and 24 brought by the Attorney General or the appropriate district attorney 25 pursuant to that section. 26 6. Except as otherwise provided in NRS 293.1265, if in any 27 preelection action for declaratory judgment, the district court finds 28 that a person who has filed a declaration of candidacy for any 29 elective office fails to meet any qualification concerning residence 30 required for the office pursuant to the Constitution or laws of this 31 State, the person is subject to the provisions of NRS 293.2045. 32 7. For the purposes of this section, in determining whether a 33 place of permanent habitation is the place where a person actually 34 resides and is legally domiciled: 35 (a) It is the public policy of this State to avoid sham residences 36 and to ensure that the person actually, as opposed to constructively, 37 resides in the area prescribed by law for the office so the person has 38 an actual connection with the constituents who reside in the area and 39 has particular knowledge of their concerns. 40 (b) The person may have more than one residence but only one 41 legal domicile, and the person’s legal domicile requires both the fact 42 of actual living in the place and the intention to remain there as a 43 permanent residence. If the person temporarily leaves the person’s 44 legal domicile, or leaves for a particular purpose, and does not take 45 – 61 – - *SB243* up a permanent residence in another place, then the person’s legal 1 domicile has not changed. Once the person’s legal domicile is fixed, 2 the fact of actual living in another place, the intention to remain in 3 the other place and the intention to abandon the former legal 4 domicile must all exist before the person’s legal domicile can 5 change. 6 (c) Evidence of the person’s legal domicile includes, without 7 limitation: 8 (1) The place where the person lives the majority of the time 9 and the length of time the person has lived in that place. 10 (2) The place where the person lives with the person’s 11 spouse or domestic partner, if any. 12 (3) The place where the person lives with the person’s 13 children, dependents or relatives, if any. 14 (4) The place where the person lives with any other 15 individual whose relationship with the person is substantially similar 16 to a relationship with a spouse, domestic partner, child, dependent or 17 relative. 18 (5) The place where the person’s dogs, cats or other pets, if 19 any, live. 20 (6) The place listed as the person’s residential address on the 21 voter registration card, as defined in NRS 293.1205, issued to the 22 person. 23 (7) The place listed as the person’s residential address on any 24 driver’s license or identification card issued to the person by the 25 Department of Motor Vehicles, any passport or military 26 identification card issued to the person by the United States or any 27 other form of identification issued to the person by a governmental 28 agency. 29 (8) The place listed as the person’s residential address on any 30 registration for a motor vehicle issued to the person by the 31 Department of Motor Vehicles or a Class I authorized third party 32 or any registration for another type of vehicle or mode of 33 transportation, including, without limitation, any aircraft, vessels or 34 watercraft, issued to the person by a governmental agency. 35 (9) The place listed as the person’s residential address on any 36 applications for issuance or renewal of any license, certificate, 37 registration, permit or similar type of authorization issued to the 38 person by a governmental agency which has the authority to 39 regulate an occupation or profession. 40 (10) The place listed as the person’s residential address on 41 any document which the person is authorized or required by law to 42 file or record with a governmental agency, including, without 43 limitation, any deed, declaration of homestead or other record of 44 real or personal property, any applications for services, privileges or 45 – 62 – - *SB243* benefits or any tax documents, forms or returns, but excluding the 1 person’s declaration of candidacy. 2 (11) The place listed as the person’s residential address on 3 any type of check, payment, benefit or reimbursement issued to the 4 person by a governmental agency or by any type of company that 5 provides insurance, workers’ compensation, health care or medical 6 benefits or any self-insured employer or third-party administrator. 7 (12) The place listed as the person’s residential address on 8 the person’s paycheck, paystub or employment records. 9 (13) The place listed as the person’s residential address on 10 the person’s bank statements, insurance statements, mortgage 11 statements, loan statements, financial accounts, credit card accounts, 12 utility accounts or other billing statements or accounts. 13 (14) The place where the person receives mail or deliveries 14 from the United States Postal Service or commercial carriers. 15 (d) The evidence listed in paragraph (c) is intended to be 16 illustrative and is not intended to be exhaustive or exclusive. The 17 presence or absence of any particular type of evidence listed in 18 paragraph (c) is not, by itself, determinative of the person’s legal 19 domicile, but such a determination must be based upon all the facts 20 and circumstances of the person’s particular case. 21 8. As used in this section: 22 (a) “Actual residence” means the place of permanent habitation 23 where a person actually resides and is legally domiciled. If the 24 person maintains more than one place of permanent habitation, the 25 place the person declares to be the person’s principal permanent 26 habitation when filing a declaration of candidacy for any elective 27 office must be the place where the person actually resides and is 28 legally domiciled in order for the person to be eligible to the office. 29 (b) “Class I authorized third party” has the meaning ascribed 30 to it in section 6 of this act. 31 (c) “Declaration of candidacy” has the meaning ascribed to it in 32 NRS 293.0455. 33 Sec. 62. NRS 371.020 is hereby amended to read as follows: 34 371.020 As used in this chapter, unless the context otherwise 35 requires: 36 1. “Class I authorized third party” has the meaning ascribed 37 to it in section 6 of this act. 38 2. “Department” means the Department of Motor Vehicles. 39 [2.] 3. “Vehicle” means any vehicle required to be registered 40 pursuant to the provisions of chapter 482 or 706 of NRS, except 41 mobile homes as defined in NRS 482.067. 42 Sec. 63. NRS 371.040 is hereby amended to read as follows: 43 371.040 1. Except as otherwise provided in subsections 2 and 44 3, the annual amount of the basic governmental services tax 45 – 63 – - *SB243* throughout the State is 4 cents on each $1 of valuation of the vehicle 1 as determined by the Department [.] or a Class I authorized third 2 party. 3 2. A full trailer or semitrailer registered pursuant to subsection 4 3 of NRS 482.483 is subject to the basic governmental services tax 5 in the nonrefundable amount of $86 each time such a full trailer or 6 semitrailer is registered pursuant to subsection 3 of NRS 482.483. 7 3. The amount of the basic governmental services tax imposed 8 on a moped registered pursuant to NRS 482.2155 is 4 cents on each 9 $1 of valuation of the moped as determined by the Department or a 10 Class I authorized third party at the time of registration. 11 Sec. 64. NRS 371.050 is hereby amended to read as follows: 12 371.050 1. Except as otherwise provided in subsections 3 and 13 4, valuation of vehicles must be determined by the Department or a 14 Class I authorized third party upon the basis of 35 percent of the 15 manufacturer’s suggested retail price in Nevada excluding options 16 and extras, as of the time the particular make and model for that 17 year is first offered for sale in Nevada. 18 2. If the Department or Class I authorized third party is unable 19 to determine the manufacturer’s suggested retail price in Nevada 20 with respect to any vehicle because the vehicle is specially 21 constructed, or for any other reason, the Department or Class I 22 authorized third party shall determine the valuation upon the basis 23 of 35 percent of the original retail price to the original purchaser of 24 the vehicle as evidenced by such document or documents as the 25 Department may require. 26 3. For each: 27 (a) Bus, truck, truck-tractor or combination of vehicles having a 28 declared gross weight of 10,000 pounds or more; and 29 (b) Trailer or semitrailer having an unladen weight of 4,000 30 pounds or more, 31 the Department or Class I authorized third party may use 85 32 percent of the original purchaser’s cost price in lieu of the 33 manufacturer’s suggested retail price. 34 4. If the Department or Class I authorized third party is unable 35 to determine the original manufacturer’s suggested retail price in 36 Nevada, or the original retail price to the purchaser, the Department 37 or Class I authorized third party may determine the original value 38 of the vehicle on the basis of 50 cents per pound. 39 5. For motor carriers which register pursuant to the provisions 40 of the Interstate Highway User Fee Apportionment Act, the 41 Department may determine the original purchaser’s cost price of the 42 vehicle on the basis of its declared gross weight in a manner which 43 the Department finds appropriate and equitable. 44 – 64 – - *SB243* Sec. 65. NRS 371.060 is hereby amended to read as follows: 1 371.060 1. Except as otherwise provided in subsection 2, 2 subsection 2 of NRS 371.040 and NRS 482.2155, each vehicle must 3 be depreciated by the Department or a Class I authorized third 4 party for the purposes of the annual governmental services tax 5 according to the following schedule: 6 Percentage of 7 Age Initial Value 8 9 New ........................................................................ 100 percent 10 1 year ........................................................................ 95 percent 11 2 years....................................................................... 85 percent 12 3 years....................................................................... 75 percent 13 4 years....................................................................... 65 percent 14 5 years....................................................................... 55 percent 15 6 years....................................................................... 45 percent 16 7 years....................................................................... 35 percent 17 8 years....................................................................... 25 percent 18 9 years or more ......................................................... 15 percent 19 20 2. Except as otherwise provided in subsections 2 and 3 of NRS 21 371.040, each bus, truck or truck-tractor having a declared gross 22 weight of 10,000 pounds or more and each trailer or semitrailer 23 having an unladen weight of 4,000 pounds or more must be 24 depreciated by the Department or a Class I authorized third party 25 for the purposes of the annual governmental services tax according 26 to the following schedule: 27 Percentage of 28 Age Initial Value 29 30 New ........................................................................ 100 percent 31 1 year ........................................................................ 85 percent 32 2 years....................................................................... 69 percent 33 3 years....................................................................... 57 percent 34 4 years....................................................................... 47 percent 35 5 years....................................................................... 38 percent 36 6 years....................................................................... 33 percent 37 7 years....................................................................... 30 percent 38 8 years....................................................................... 27 percent 39 9 years....................................................................... 25 percent 40 10 years or more ....................................................... 23 percent 41 42 3. Notwithstanding any other provision of this section, the 43 minimum amount of the governmental services tax: 44 – 65 – - *SB243* (a) On any trailer having an unladen weight of 1,000 pounds or 1 less is $3; and 2 (b) On any other vehicle is $16. 3 4. For the purposes of this section, a vehicle shall be deemed a 4 “new” vehicle if the vehicle has never been registered with the 5 Department and has never been registered with the appropriate 6 agency of any other state, the District of Columbia, any territory or 7 possession of the United States or any foreign state, province or 8 country. 9 Sec. 66. NRS 371.101 is hereby amended to read as follows: 10 371.101 1. Vehicles registered by surviving spouses, not to 11 exceed the amount of $1,000 determined valuation, are exempt from 12 taxation, but the exemption must not be allowed to anyone but 13 actual bona fide residents of this State, and must be filed in but one 14 county in this State to the same family. 15 2. For the purpose of this section, vehicles in which the 16 surviving spouse has any interest shall be deemed to belong entirely 17 to that surviving spouse. 18 3. The person claiming the exemption shall file with the 19 Department or a Class I authorized third party in the county where 20 the exemption is claimed an affidavit declaring his or her residency 21 and that the exemption has been claimed in no other county in this 22 State for that year. The affidavit must be made before the county 23 assessor or a notary public. After the filing of the original affidavit, 24 the county assessor shall, except as otherwise provided in this 25 subsection, mail a form for renewal of the exemption to the person 26 each year following a year in which the exemption was allowed for 27 that person. The form must be designed to facilitate its return by 28 mail by the person claiming the exemption. If so requested by the 29 person claiming the exemption, the county assessor may provide the 30 form to the person by electronic means in lieu of by mail. 31 4. A surviving spouse is not entitled to the exemption provided 32 by this section in any fiscal year beginning after any remarriage, 33 even if the remarriage is later annulled. 34 5. Beginning with the 2005-2006 Fiscal Year, the monetary 35 amount in subsection 1 must be adjusted for each fiscal year by 36 adding to each amount the product of the amount multiplied by the 37 percentage increase in the Consumer Price Index (All Items) from 38 December 2003 to the December preceding the fiscal year for which 39 the adjustment is calculated. 40 Sec. 67. NRS 371.103 is hereby amended to read as follows: 41 371.103 1. Vehicles, to the extent of $2,000 determined 42 valuation, registered by any actual bona fide resident of the State of 43 Nevada who: 44 – 66 – - *SB243* (a) Has served a minimum of 90 days on active duty, who was 1 assigned to active duty at some time between April 21, 1898, and 2 June 15, 1903, or between April 6, 1917, and November 11, 1918, 3 or between December 7, 1941, and December 31, 1946, or between 4 June 25, 1950, and May 7, 1975, or between September 26, 1982, 5 and December 1, 1987, or between October 23, 1983, and 6 November 21, 1983, or between December 20, 1989, and 7 January 31, 1990, or between August 2, 1990, and April 11, 1991, 8 or between December 5, 1992, and March 31, 1994, or between 9 November 20, 1995, and December 20, 1996; 10 (b) Has served a minimum of 90 continuous days on active duty 11 none of which was for training purposes, who was assigned to active 12 duty at some time between January 1, 1961, and May 7, 1975; 13 (c) Has served on active duty in connection with carrying out 14 the authorization granted to the President of the United States in 15 Public Law 102-1; or 16 (d) Has served on active duty in connection with a campaign or 17 expedition for service in which a medal has been authorized by the 18 Government of the United States, regardless of the number of days 19 served on active duty, 20 and who received, upon severance from service, an honorable 21 discharge or certificate of satisfactory service from the Armed 22 Forces of the United States, or who, having so served, is still serving 23 in the Armed Forces of the United States, is exempt from taxation. 24 2. In lieu of claiming the exemption from taxation set forth in 25 subsection 1 in his or her name, a veteran may transfer the 26 exemption to his or her current spouse. To transfer the exemption, 27 the veteran must file an affidavit of transfer with the Department or 28 a Class I authorized third party in the county where the exemption 29 would otherwise have been claimed. The affidavit of transfer must 30 be made before an authorized employee of the Department or a 31 notary public. If a veteran makes such a transfer: 32 (a) The spouse of the veteran is entitled to the exemption in the 33 same manner as if the spouse were the veteran; 34 (b) The veteran is not entitled to the exemption for the duration 35 of the transfer; 36 (c) The transfer expires upon the earlier of: 37 (1) The termination of the marriage; 38 (2) The death of the veteran; or 39 (3) The revocation of the transfer by the veteran as described 40 in paragraph (d); and 41 (d) The veteran may, at any time, revoke the transfer of the 42 exemption by filing with the Department or a Class I authorized 43 third party in the county where the exemption is claimed an 44 – 67 – - *SB243* affidavit made before an authorized employee of the Department or 1 a notary public. 2 3. For the purpose of this section, the first $2,000 determined 3 valuation of vehicles in which a person described in subsection 1 or 4 2 has any interest shall be deemed to belong to that person. 5 4. Except as otherwise provided in subsection 5, a person 6 claiming the exemption shall file annually with the Department or a 7 Class I authorized third party in the county where the exemption is 8 claimed an affidavit declaring that he or she is an actual bona fide 9 resident of the State of Nevada who meets all the other requirements 10 of subsection 1 or 2, as applicable, and that the exemption is 11 claimed in no other county in this State. The affidavit must be made 12 before the county assessor or a notary public. After the filing of the 13 original affidavit of exemption and after the transfer of the 14 exemption, if any, pursuant to subsection 2, the county assessor 15 shall, except as otherwise provided in this subsection, mail a form 16 for: 17 (a) The renewal of the exemption; and 18 (b) The designation of any amount to be credited to the Gift 19 Account for the Veterans Home in Southern Nevada or the Gift 20 Account for the Veterans Home in Northern Nevada established 21 pursuant to NRS 417.145, 22 to the person who claimed the exemption each year following a 23 year in which the exemption was allowed for that person. The form 24 must be designed to facilitate its return by mail by the person 25 claiming the exemption. If so requested by the person claiming the 26 exemption, the county assessor may provide the form to the person 27 by electronic means in lieu of by mail. 28 5. Persons in actual military service are exempt during the 29 period of such service from filing annual affidavits of exemption 30 and the Department shall grant exemptions to those persons on the 31 basis of the original affidavits filed. In the case of any person who 32 has entered the military service without having previously made and 33 filed an affidavit of exemption, the affidavit may be filed in his or 34 her behalf during the period of such service by any person having 35 knowledge of the facts. 36 6. Before allowing any veteran’s exemption pursuant to the 37 provisions of this chapter, the Department or Class I authorized 38 third party shall require proof of status of the veteran or, if a 39 transfer has been made pursuant to subsection 2, proof of status of 40 the veteran to whom the person claiming the exemption is married, 41 and for that purpose shall require production of an honorable 42 discharge or certificate of satisfactory service or a certified copy 43 thereof, or such other proof of status as may be necessary. 44 – 68 – - *SB243* 7. If any person files a false affidavit or produces false proof to 1 the Department [,] or a Class I authorized third party, and as a 2 result of the false affidavit or false proof a tax exemption is allowed 3 to a person not entitled to the exemption, the person is guilty of a 4 gross misdemeanor. 5 8. Beginning with the 2005-2006 Fiscal Year, the monetary 6 amounts in subsections 1 and 3 must be adjusted for each fiscal year 7 by adding to each amount the product of the amount multiplied by 8 the percentage increase in the Consumer Price Index (All Items) 9 from December 2003 to the December preceding the fiscal year for 10 which the adjustment is calculated. 11 Sec. 68. NRS 371.1035 is hereby amended to read as follows: 12 371.1035 1. Any person who qualifies for an exemption 13 pursuant to NRS 371.103 or 371.104 may, in lieu of claiming the 14 exemption: 15 (a) Pay to the Department or a Class I authorized third party all 16 or any portion of the amount by which the tax would be reduced if 17 the person claimed the exemption; and 18 (b) Direct the Department to deposit that amount for credit to 19 the Gift Account for the Veterans Home in Southern Nevada or the 20 Gift Account for the Veterans Home in Northern Nevada established 21 pursuant to NRS 417.145. 22 2. Any person who wishes to waive his or her exemption 23 pursuant to this section shall designate the amount to be credited to 24 a Gift Account on a form provided by the Department [.] or a Class 25 I authorized third party. 26 3. The Department shall deposit any money received pursuant 27 to this section with the State Treasurer for credit to the Gift Account 28 for the Veterans Home in Southern Nevada or the Gift Account for 29 the Veterans Home in Northern Nevada established pursuant to NRS 30 417.145. The State Treasurer shall not accept more than a total of 31 $2,000,000 for credit to a Gift Account pursuant to this section and 32 NRS 361.0905 during any fiscal year. 33 Sec. 69. NRS 371.104 is hereby amended to read as follows: 34 371.104 1. A bona fide resident of the State of Nevada who 35 has incurred a permanent service-connected disability and has been 36 honorably discharged from the Armed Forces of the United States, 37 or his or her surviving spouse, is entitled to a veteran’s exemption 38 from the payment of governmental services taxes on vehicles of the 39 following determined valuations: 40 (a) If he or she has a disability of 100 percent, the first $20,000 41 of determined valuation. 42 (b) If he or she has a disability of 80 to 99 percent, inclusive, the 43 first $15,000 of determined valuation. 44 – 69 – - *SB243* (c) If he or she has a disability of 60 to 79 percent, inclusive, the 1 first $10,000 of determined valuation. 2 2. In lieu of claiming the exemption from taxation set forth in 3 subsection 1 in his or her name, a veteran may transfer the 4 exemption to his or her current spouse. To transfer the exemption, 5 the veteran must file an affidavit of transfer with the Department or 6 a Class I authorized third party in the county where the exemption 7 would otherwise have been claimed. The affidavit of transfer must 8 be made before an authorized employee of the Department or a 9 notary public. If a veteran makes such a transfer: 10 (a) The spouse of the veteran is entitled to the exemption in the 11 same manner as if the spouse were the veteran; 12 (b) The veteran is not entitled to the exemption for the duration 13 of the transfer; 14 (c) The transfer expires upon the earlier of: 15 (1) The termination of the marriage; 16 (2) The death of the veteran; or 17 (3) The revocation of the transfer by the veteran as described 18 in paragraph (d); and 19 (d) The veteran may, at any time, revoke the transfer of the 20 exemption by filing with the Department or a Class I authorized 21 third party in the county where the exemption is claimed an 22 affidavit made before an authorized employee of the Department or 23 a notary public. 24 3. For the purpose of this section, the first $20,000 of 25 determined valuation of vehicles in which a person described in 26 subsection 1 or 2 has any interest shall be deemed to belong entirely 27 to that person. 28 4. A person claiming the exemption shall file annually with the 29 Department or a Class I authorized third party in the county where 30 the exemption is claimed an affidavit declaring that he or she is a 31 bona fide resident of the State of Nevada who meets all the other 32 requirements of subsection 1 or 2, as applicable, and that the 33 exemption is claimed in no other county within this State. After the 34 filing of the original affidavit of exemption and after the transfer of 35 the exemption, if any, pursuant to subsection 2, the county assessor 36 shall, except as otherwise provided in this subsection, mail a form 37 for: 38 (a) The renewal of the exemption; and 39 (b) The designation of any amount to be credited to the Gift 40 Account for the Veterans Home in Southern Nevada or the Gift 41 Account for the Veterans Home in Northern Nevada established 42 pursuant to NRS 417.145, 43 to the person who claimed the exemption each year following a 44 year in which the exemption was allowed for that person. The form 45 – 70 – - *SB243* must be designed to facilitate its return by mail by the person 1 claiming the exemption. If so requested by the person claiming the 2 exemption, the county assessor may provide the form to the person 3 by electronic means in lieu of by mail. 4 5. Before allowing any exemption pursuant to the provisions of 5 this section, the Department or a Class I authorized third party 6 shall require proof of the veteran’s status, and for that purpose shall 7 require production of: 8 (a) A certificate from the Department of Veterans Affairs that 9 the veteran has incurred a permanent service-connected disability, 10 which shows the percentage of that disability; and 11 (b) Any one of the following: 12 (1) An honorable discharge; 13 (2) A certificate of satisfactory service; or 14 (3) A certified copy of either of these documents. 15 6. A surviving spouse claiming an exemption pursuant to this 16 section must file with the Department or a Class I authorized third 17 party in the county where the exemption is claimed an affidavit 18 declaring that: 19 (a) The surviving spouse was married to and living with the 20 veteran with a disability for the 5 years preceding his or her death; 21 (b) The veteran with a disability was eligible for the exemption 22 at the time of his or her death or, if not for a transfer of the 23 exemption pursuant to subsection 2, would have been eligible for 24 the exemption at the time of his or her death; and 25 (c) The surviving spouse has not remarried. 26 The affidavit required by this subsection is in addition to the 27 certification required pursuant to subsections 4 and 5. After the 28 filing of the original affidavit required by this subsection, the county 29 assessor shall, except as otherwise provided in this subsection, mail 30 a form for renewal of the exemption to the person each year 31 following a year in which the exemption was allowed for that 32 person. The form must be designed to facilitate its return by mail by 33 the person claiming the exemption. If so requested by the person 34 claiming the exemption, the county assessor may provide the form 35 to the person by electronic means in lieu of by mail. 36 7. If a tax exemption is allowed under this section to a person 37 who qualifies for the tax exemption: 38 (a) As a veteran or as the current spouse of a veteran who 39 receives a transfer of an exemption pursuant to subsection 2, that 40 person is not entitled to an exemption under NRS 371.103. 41 (b) Solely as the surviving spouse of a veteran with a permanent 42 service-connected disability, the allowance of a tax exemption under 43 this section does not affect the eligibility of that person for an 44 exemption under NRS 371.103. 45 – 71 – - *SB243* 8. If any person makes a false affidavit or produces false proof 1 to the Department [,] or a Class I authorized third party, and as a 2 result of the false affidavit or false proof the person is allowed a tax 3 exemption to which he or she is not entitled, the person is guilty of a 4 gross misdemeanor. 5 9. Beginning with the 2005-2006 Fiscal Year, the monetary 6 amounts in subsections 1 and 3 must be adjusted for each fiscal year 7 by adding to each amount the product of the amount multiplied by 8 the percentage increase in the consumer price inflation index from 9 July 2003 to the July preceding the fiscal year for which the 10 adjustment is calculated. 11 10. For the purposes of this section, “consumer price inflation 12 index” means the Consumer Price Index for All Urban Consumers, 13 West Region (All Items), as published by the United States 14 Department of Labor or, if that index ceases to be published by the 15 United States Department of Labor, the published index selected by 16 the Department of Taxation pursuant to subsection 11 of 17 NRS 361.091. 18 Sec. 70. NRS 371.106 is hereby amended to read as follows: 19 371.106 1. Whenever any vehicle ceases to be exempt from 20 taxation under NRS 371.101, 371.102, 371.103 or 371.104 because 21 the owner no longer meets the requirements for the exemption 22 provided in those sections, its owner shall immediately notify the 23 Department or a Class I authorized third party of the fact. 24 2. If a person fails to notify the Department or a Class I 25 authorized third party as required by subsection 1 and as a result of 26 such failure is allowed a tax exemption to which he or she is not 27 entitled, there shall be added to and collected with the tax otherwise 28 due a penalty equal to double the amount of the tax. If the person’s 29 failure is fraudulent and results in his or her receiving a tax 30 exemption to which he or she is not entitled, the person is also guilty 31 of a gross misdemeanor. 32 Sec. 71. NRS 371.107 is hereby amended to read as follows: 33 371.107 The county assessor of each county whose population 34 is 55,000 or more is designated as an agent to assist the Department 35 in administering the exemptions provided in this chapter, and shall, 36 after establishing the validity of an application for an exemption, 37 issue a certificate for use by the Department or a Class I authorized 38 third party to allow a claimant the appropriate exemption on his or 39 her vehicle. 40 Sec. 72. NRS 371.120 is hereby amended to read as follows: 41 371.120 The Department or a Class I authorized third party 42 shall collect the governmental services tax and issue to each person 43 who pays the tax a receipt that sufficiently identifies the vehicle 44 upon which the tax is paid. 45 – 72 – - *SB243* Sec. 73. NRS 371.140 is hereby amended to read as follows: 1 371.140 1. Except as otherwise provided in subsection 3 and 2 NRS 482.209 and 482.482, if the governmental services tax for a 3 vehicle for the next period of registration is not paid before the 4 expiration of the current period of registration for that vehicle, a 5 penalty equal to 10 percent of the tax due, but not less than $6, plus 6 the amount of the delinquent tax, must be added to the governmental 7 services tax due for the next period of registration, unless the 8 vehicle has not been operated on the highways since the expiration 9 of the prior registration. The Department may retain any penalty so 10 collected. If the payment is made to a Class I authorized third 11 party, the Class I authorized third party must remit the penalty to 12 the Department, and the Department may retain the penalty. 13 2. Evidence of the nonoperation of a vehicle must be made by 14 an affidavit executed by a person having knowledge of the fact. The 15 affidavit must accompany the application for renewal of registration. 16 3. The provisions of this section do not apply to vehicles 17 registered pursuant to NRS 706.841. 18 Sec. 74. NRS 371.150 is hereby amended to read as follows: 19 371.150 Upon receipt of an application for renewal of 20 registration and an affidavit of nonoperation, the Department or a 21 Class I authorized third party shall collect the tax for the current 22 registration year. No penalty shall be imposed if the Department or 23 the Class I authorized third party receives the application and 24 affidavit within 30 days after the date of the first operation of the 25 vehicle during the current registration year. 26 Sec. 75. NRS 371.180 is hereby amended to read as follows: 27 371.180 If a transferee applies for a transfer of registration and 28 it is determined by the Department or a Class I authorized third 29 party that penalties for the nonpayment of the governmental services 30 tax accrued before the transfer of the vehicle, and that the transferee 31 was not cognizant of the nonpayment of the governmental services 32 tax for the current or prior years, and the whereabouts of the 33 transferor or record owner are unknown, the Department or Class I 34 authorized third party may waive payment of the penalties upon 35 payment of the governmental services taxes due. 36 Sec. 76. NRS 371.220 is hereby amended to read as follows: 37 371.220 If the Department or a Class I authorized third party 38 erroneously collects any governmental services tax or penalty not 39 required to be paid under the provisions of this chapter, the amount 40 must be refunded to the person who paid it upon application therefor 41 within 3 years after the date of the payment. 42 Sec. 77. NRS 371.230 is hereby amended to read as follows: 43 371.230 Except as otherwise provided in NRS 371.1035, 44 482.180, 482.181 and 482.182, money collected by the Department 45 – 73 – - *SB243* or a Class I authorized third party for governmental services taxes 1 and penalties pursuant to the provisions of this chapter must be 2 deposited with the State Treasurer to the credit of the Motor Vehicle 3 Fund. 4 Sec. 78. NRS 445B.815 is hereby amended to read as follows: 5 445B.815 1. Except as otherwise provided in subsection 2, 6 persons employed at branch offices of the Department of Motor 7 Vehicles , [and] the offices of county assessors who are acting as 8 agents of the Department in the collection of fees for registration 9 and Class I authorized third parties shall not register: 10 (a) A passenger car or light-duty motor vehicle which: 11 (1) Uses motor vehicle fuel or special fuel; 12 (2) Is based in a county whose population is 100,000 or 13 more; and 14 (3) Requires inspection pursuant to the regulations adopted 15 by the Commission under NRS 445B.770; 16 (b) A heavy-duty motor vehicle having a manufacturer’s gross 17 vehicle weight rating which does not exceed 14,000 pounds, that: 18 (1) Uses diesel fuel; 19 (2) Is based in a county whose population is 100,000 or 20 more; and 21 (3) Requires inspection pursuant to the regulations adopted 22 by the Commission under NRS 445B.770; 23 (c) A heavy-duty motor vehicle that: 24 (1) Uses motor vehicle fuel or special fuel, excluding diesel 25 fuel; 26 (2) Is based in a county whose population is 100,000 or 27 more; and 28 (3) Requires inspection pursuant to the regulations adopted 29 by the Commission under NRS 445B.770; or 30 (d) A vehicle which: 31 (1) Is based in an area of this State designated by the 32 Commission; and 33 (2) Requires inspection pursuant to the regulations adopted 34 by the Commission under NRS 445B.770, 35 until evidence of compliance with NRS 445B.700 to 445B.845, 36 inclusive, has been provided. 37 2. An owner or lessee of a fleet of three or more vehicles may, 38 upon application to the Department of Motor Vehicles, submit 39 evidence of compliance for those motor vehicles in a manner 40 determined by that Department. 41 3. As used in this section, “Class I authorized third party” 42 has the meaning ascribed to it in section 6 of this act. 43 – 74 – - *SB243* Sec. 79. NRS 445B.830 is hereby amended to read as follows: 1 445B.830 1. In areas of the State where and when a program 2 is commenced pursuant to NRS 445B.770 to 445B.815, inclusive, 3 the following fees must be paid to the Department of Motor 4 Vehicles and accounted for in the Pollution Control Account, which 5 is hereby created in the State General Fund: 6 (a) For the issuance and annual renewal of a license 7 for an authorized inspection station, authorized station 8 or fleet station ............................................................................... $25 9 (b) For each set of 25 forms certifying emission 10 control compliance ........................................................................ 150 11 (c) For each form issued to a fleet station ................................... 6 12 2. Except as otherwise provided in subsection 6, and after 13 deduction of the amounts distributed pursuant to subsections 4 and 14 7, money in the Pollution Control Account may, pursuant to 15 legislative appropriation or with the approval of the Interim Finance 16 Committee, be expended by the following agencies in the following 17 order of priority: 18 (a) The Department of Motor Vehicles to carry out the 19 provisions of NRS 445B.770 to 445B.845, inclusive. 20 (b) The State Department of Conservation and Natural 21 Resources to carry out the provisions of this chapter. 22 (c) The State Department of Agriculture to carry out the 23 provisions of NRS 590.010 to 590.150, inclusive. 24 (d) Local air pollution control agencies in nonattainment or 25 maintenance areas for an air pollutant for which air quality criteria 26 have been issued pursuant to 42 U.S.C. § 7408, for programs related 27 to the improvement of the quality of the air. 28 (e) The Tahoe Regional Planning Agency to carry out the 29 provisions of NRS 277.200 with respect to the preservation and 30 improvement of air quality in the Lake Tahoe Basin. 31 3. The Department of Motor Vehicles may prescribe by 32 regulation routine fees for inspection at the prevailing shop labor 33 rate, including, without limitation, maximum charges for those fees, 34 and for the posting of those fees in a conspicuous place at an 35 authorized inspection station or authorized station. 36 4. The Department of Motor Vehicles shall make quarterly 37 distributions of money in the Pollution Control Account to local air 38 pollution control agencies in nonattainment or maintenance areas for 39 an air pollutant for which air quality criteria have been issued 40 pursuant to 42 U.S.C. § 7408. The distributions of money made to 41 agencies in a county pursuant to this subsection must be made from 42 an amount of money in the Pollution Control Account that is equal 43 to one-sixth of the amount received for each form issued in the 44 county pursuant to subsection 1. 45 – 75 – - *SB243* 5. Each local air pollution control agency that receives money 1 pursuant to subsections 4, 6 and 7 shall, not later than 45 days after 2 the end of the fiscal year in which the money is received, submit to 3 the Director of the Legislative Counsel Bureau for transmittal to the 4 Interim Finance Committee a report on the use of the money 5 received. 6 6. The Department of Motor Vehicles shall make annual 7 distributions of excess money in the Pollution Control Account to 8 local air pollution control agencies in nonattainment or maintenance 9 areas for an air pollutant for which air quality criteria have been 10 issued pursuant to 42 U.S.C. § 7408, for programs related to the 11 improvement of the quality of the air. The distributions of excess 12 money made to local air pollution control agencies in a county 13 pursuant to this subsection must be made in an amount 14 proportionate to the number of forms issued in the county pursuant 15 to subsection 1. As used in this subsection, “excess money” means 16 the money in excess of $1,000,000 remaining in the Pollution 17 Control Account at the end of the fiscal year, after deduction of the 18 amounts distributed pursuant to subsections 4 and 7 and any 19 disbursements made from the Account pursuant to subsection 2. 20 7. If a board of county commissioners imposes an additional 21 fee pursuant to subsection 1 of NRS 445B.834, the Department of 22 Motor Vehicles shall: 23 (a) Upon receiving the notification pursuant to subsection 2 of 24 NRS 445B.834, collect the additional fee on behalf of the county 25 and account separately for money from the additional fee in the 26 Pollution Control Account; and 27 (b) Make quarterly distributions of the money in the Pollution 28 Control Account attributable to each county whose board of county 29 commissioners imposed the additional fee. The distributions made 30 pursuant to this paragraph must be equal to the amount of money 31 collected on behalf of the county pursuant to the additional fee 32 imposed by the board of county commissioners of the county. 33 8. The Department of Motor Vehicles shall provide for the 34 creation of an advisory committee consisting of representatives of 35 state and local agencies involved in the control of emissions from 36 motor vehicles. The committee shall: 37 (a) Establish goals and objectives for the program for control of 38 emissions from motor vehicles; 39 (b) Identify areas where funding should be made available; and 40 (c) Review and make recommendations concerning regulations 41 adopted pursuant to NRS 445B.770. 42 9. The State Department of Conservation and Natural 43 Resources shall ensure that the forms available from the 44 Department pursuant to subsection 1, including, without 45 – 76 – - *SB243* limitation, any digital or electronic versions of those forms, use the 1 same terms regarding the make, model and features of a vehicle as 2 any other forms of the Department used for the inspection of 3 vehicles required by this chapter or required or authorized by title 4 43 of NRS. 5 Sec. 80. NRS 706.4477 is hereby amended to read as follows: 6 706.4477 1. If towing is requested by a person other than the 7 owner, or an agent of the owner, of the motor vehicle or a law 8 enforcement officer or other person who is employed to enforce the 9 laws, ordinances and codes of a local government: 10 (a) The person requesting the towing must be the owner of the 11 real property from which the vehicle is towed or an authorized agent 12 of the owner of the real property and must sign a specific request for 13 the towing. Except as otherwise provided in subsection 2, for the 14 purposes of this section, the operator is not an authorized agent of 15 the owner of the real property. 16 (b) The area from which the vehicle is to be towed must be 17 appropriately posted in accordance with state or local requirements. 18 (c) Notice must be given to the appropriate law enforcement 19 agency pursuant to state and local requirements. 20 (d) The operator may be directed to terminate the towing by a 21 law enforcement officer. 22 2. If, pursuant to subsection 1, the owner of the real property or 23 authorized agent of the owner of the real property requests that a 24 vehicle be towed from a residential complex at which the vehicle is 25 located, the owner of the real property or authorized agent of the 26 owner, which may be the tow operator if the tow operator has 27 entered into a contract for that purpose with the owner of the real 28 property: 29 (a) Must: 30 (1) Meet the requirements of subsection 1. 31 (2) Except as otherwise provided in this subparagraph, if the 32 vehicle is being towed pursuant to subparagraph (1) or (2) of 33 paragraph (b), notify the owner or operator of the vehicle of the tow 34 not less than 48 hours before the tow by affixing to the vehicle a 35 sticker which provides the date and time after which the vehicle will 36 be towed. The provisions of this subparagraph do not apply and the 37 vehicle may be immediately towed if it is a vehicle for which a 38 notice was previously affixed: 39 (I) For the same or a similar reason within the same 40 residential complex. 41 (II) Three or more times during the immediately 42 preceding 6 months within the same residential complex for any 43 reason, regardless of whether the vehicle was subsequently towed. 44 (b) May only have a vehicle towed: 45 – 77 – - *SB243* (1) Because of a parking violation; 1 (2) If the vehicle is not registered pursuant to this chapter or 2 chapter 482 of NRS or in any other state; or 3 (3) If the vehicle is: 4 (I) Blocking a fire hydrant, fire lane or parking space 5 designated for the handicapped; or 6 (II) Posing an imminent threat of causing a substantial 7 adverse effect on the health, safety or welfare of the residents of the 8 residential complex, which may include, without limitation, if the 9 vehicle is parked in a space that is clearly marked for a specific 10 resident or the use of a specific unit in the residential complex. 11 (c) May not have a vehicle towed solely because the registration 12 of the vehicle is expired. An operator may not charge any fee or 13 cost for towing a vehicle in violation of this paragraph. The towing 14 of a vehicle solely because the registration of the vehicle is 15 expired is a violation of this section, subject to the provisions of 16 subsection [9.] 10. 17 3. If towing is requested by a county or city pursuant to NRS 18 244.3605 or 268.4122, as applicable: 19 (a) Notice must be given to the appropriate law enforcement 20 agency pursuant to state and local requirements. 21 (b) The operator may be directed to terminate the towing by a 22 law enforcement officer. 23 4. If towing is requested based on subparagraph (2) of 24 paragraph (b) of subsection 2, the operator shall independently 25 verify the registration status of the vehicle before towing the 26 vehicle. The operator shall retain evidence of such verification for 27 not less than 1 year. An operator who fails to comply with this 28 subsection is responsible for the cost of removal and storage of the 29 vehicle. 30 5. The owner of a motor vehicle towed pursuant to the 31 provisions of subsection 1, 2 or 3: 32 (a) Is presumed to have left the motor vehicle on the real 33 property from which the vehicle is towed; and 34 (b) [Subject] Except as otherwise provided in subsection 4 and 35 subject to the provisions of subsection [7,] 8, is responsible for the 36 cost of removal and storage of the motor vehicle. 37 [5.] 6. The owner may rebut the presumption in subsection [4] 38 5 by showing that: 39 (a) The owner transferred the owner’s interest in the motor 40 vehicle: 41 (1) Pursuant to the provisions set forth in NRS 482.399 to 42 482.420, inclusive; or 43 (2) As indicated by a bill of sale for the vehicle that is signed 44 by the owner; or 45 – 78 – - *SB243* (b) The vehicle is stolen, if the owner submits evidence that, 1 before the discovery of the vehicle, the owner filed an affidavit with 2 the Department or a written report with an appropriate law 3 enforcement agency alleging the theft of the vehicle. 4 [6.] 7. An operator shall not charge any fee or cost for the 5 storage of the motor vehicle until at least 48 hours after the motor 6 vehicle arrives and is registered at the place of storage. If the motor 7 vehicle arrives at the place of storage after the regular business 8 hours of the place of storage, the 48-hour period begins when the 9 regular business hours of the place of storage next begin. 10 [7.] 8. An operator shall consider charging a rate which is 11 lower than the rate set forth in the otherwise applicable schedule or 12 tariff for the cost of removal and storage of the motor vehicle if the 13 owner of the vehicle, for reasons outside of his or her control as 14 determined by the regulations adopted pursuant to this section, is 15 incapable of paying the normal rate charged for the removal and 16 storage of the motor vehicle. An operator may deviate from the 17 otherwise applicable schedule or tariff without the approval of the 18 Authority to charge a lower rate pursuant to this subsection. 19 [8.] 9. The Authority shall adopt regulations to carry out the 20 provisions of this section, including, without limitation, setting forth 21 what qualifies as a reason that is outside of the control of the owner. 22 [9.] 10. If a motor vehicle is towed in violation of the 23 provisions of this section or an operator charges any fee or cost for 24 the towing of a motor vehicle in violation of this section: 25 (a) The operator may be subject to a penalty in accordance with 26 the provisions of NRS 706.756 to 706.781, inclusive; and 27 (b) The owner of the vehicle may bring an action against the 28 operator to recover any costs incurred by the person as a result of 29 the violation, including, without limitation, any loss of income. 30 [10.] 11. An operator shall display conspicuously in his or her 31 place of business a written notice which must contain, in boldface 32 type letters not less than 1 inch in height and 1 inch in width: 33 (a) A statement that the operator must consider charging a lower 34 rate under certain circumstances; and 35 (b) A telephone number for the Authority where a person may 36 report a violation of the provisions of this chapter. 37 [11.] 12. As used in this section: 38 (a) “Parking violation” means a violation of any: 39 (1) State or local law or ordinance governing parking; or 40 (2) Parking rule promulgated by the owner or manager of the 41 residential complex that applies to vehicles on the property of the 42 residential complex. 43 (b) “Residential complex” means a group of apartments, 44 condominiums or townhomes intended for use as residential units 45 – 79 – - *SB243* and for which a common parking area is provided, regardless of 1 whether each resident or unit has been assigned a specific parking 2 space in the common parking area. 3 Sec. 81. 1. The Legislative Auditor shall conduct an audit of 4 the Department of Motor Vehicles which measures the accuracy of 5 and the average time of completion for transactions related to the 6 issuance of certificates of registration, certificates of title, license 7 plates and permits authorized pursuant to NRS 482.396. The audit 8 must include such measures for all methods by which such 9 transactions are offered by the Department, including, without 10 limitation, transactions conducted in person at an office of the 11 Department or via a kiosk, the Internet website of the Department or 12 an agent of the Department authorized pursuant to NRS 482.160. 13 2. The Legislative Auditor shall present a final written report 14 of the audit to the Audit Subcommittee of the Legislative 15 Commission not later than July 1, 2026. 16 Sec. 82. 1. This act becomes effective: 17 (a) Upon passage and approval for the purpose of adopting any 18 regulations and performing any other preparatory administrative 19 tasks that are necessary to carry out the provisions of this act; and 20 (b) On July 1, 2025, for all other purposes. 21 2. Section 12 of this act expires by limitation on the date on 22 which the provisions of 42 U.S.C. § 666 requiring each state to 23 establish procedures under which the state has authority to withhold 24 or suspend, or to restrict the use of professional, occupational and 25 recreational licenses of persons who: 26 (a) Have failed to comply with a subpoena or warrant relating to 27 a proceeding to determine the paternity of a child or to establish or 28 enforce an obligation for the support of a child; or 29 (b) Are in arrears in the payment for the support of one or more 30 children, 31 are repealed by the Congress of the United States. 32 H