(On Behalf of the Department of Motor Vehicles and
Public Safety)
February 3, 1997
____________
Referred to Committee on Transportation
SUMMARY--Revises provisions governing certain occupational licenses issued by department of motor vehicles and public safety. (BDR 43-604)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to the department of motor vehicles and public safety; requiring an applicant for the issuance or renewal of certain occupational licenses by the department to include an authorization for the disclosure of certain financial information; limiting the use and disclosure of that information by the department; revising the expiration dates for certain occupational licenses issued by the department; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 NRS 482.325 is hereby amended to read as follows:
482.325 1. Applications for a manufacturer's, distributor's, dealer's or rebuilder's license must be filed upon forms supplied by the department. The forms must designate the persons whose names are required to appear thereon. The applicant shall furnish:
(a) Such proof as the department may deem necessary that the applicant is a manufacturer, distributor, dealer or rebuilder.
(b) An authorization for the disclosure of financial records as provided in NRS 239A.090. The authorization must specify that it is valid for the period for which the license is valid. The department may use any information obtained pursuant to the authorization only to determine the suitability of the applicant for licensure. Information obtained pursuant to an authorization may be disclosed only to those employees of the department who are authorized to issue a license to an applicant pursuant to NRS 482.318 to 482.363105, inclusive, or to determine the suitability of an applicant for such licensure.
(c) A fee of $125.
[(c)] (d) A fee for the processing of fingerprints. The department shall establish by regulation the fee for processing fingerprints. The fee must not exceed the sum of the amounts charged by the central repository for Nevada records of criminal history and the Federal Bureau of Investigation for processing the fingerprints.
[(d)] (e) For initial licensure, a complete set of his fingerprints and written permission authorizing the department to forward those fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation for its report.
[(e)] (f) A certificate of insurance for automobile liability.
2. Upon receipt of the application and when satisfied that the applicant is entitled thereto, the department shall issue to the applicant a dealer's, manufacturer's, distributor's or rebuilder's license certificate containing the [latter's] name of the applicant and the address of his established place of business or the address of the main office of a manufacturer without an established place of business in this state.
3. Licenses issued pursuant to this section expire on December 31 of each year. Before December 31 of each year, a licensee must furnish the department with an application for renewal of his license accompanied by an annual fee of $50. The additional fee for the processing of fingerprints, established by regulation pursuant to paragraph [(c)] (d) of subsection 1, must be submitted for each applicant whose name does not appear on the original application for the license. The renewal application must be provided by the department and contain :
(a) An updated authorization for the disclosure of financial records, which is subject to the provisions of paragraph (b) of subsection 1; and
(b) Such other information as is required by the department.
Sec. 2 NRS 487.050 is hereby amended to read as follows:
487.050 1. It is unlawful for any person to dismantle, scrap, process or wreck any vehicle without first applying for and obtaining a license for that operation from the department.
2. An application for a license must be made on a form provided by the department and accompanied by such proof as the department may require that [:
(a) The applicant is] the applicant:
(a) Is a bona fide automobile wrecker; and
(b) [He owns] Owns or leases a place of business which meets the requirements of NRS 487.073.
3. An application for a license must include an authorization for the disclosure of financial records as provided in NRS 293A.090. The authorization must specify that it is valid for the period for which the license is valid. The department may use any information obtained pursuant to the authorization only to determine the suitability of the applicant for licensure. Information obtained pursuant to an authorization may be disclosed only to those employees of the department who are authorized to issue a license to an applicant pursuant to NRS 487.045 to 487.200, inclusive, or to determine the suitability of an applicant for such licensure.
Sec. 3 NRS 487.070 is hereby amended to read as follows:
487.070 1. The department may approve or reject the application and, if approved, shall issue to the applicant:
(a) A license containing the applicant's name [,] and address, the name under which the business is to be conducted, the business address, and a distinguishing number assigned to the applicant.
(b) A card which:
(1) Contains the information specified in paragraph (a);
(2) Includes a picture of the licensee; and
(3) Clearly identifies the holder of the card as a licensed automobile wrecker.
2. A licensee may obtain one or two cards for his business. The department shall charge a fee of $50 for each card issued. Fees collected by the department pursuant to this subsection must be deposited with the state treasurer to the credit of the account for regulation of salvage pools, automobile wreckers and body shops.
3. A license expires on [December 31 of the year for which it is issued.] April 30 of each year.
4. A licensee may renew his license by submitting to the department:
(a) A completed application for renewal upon a form supplied by the department; [and]
(b) An updated authorization for the disclosure of financial records, which is subject to the provisions of subsection 3 of NRS 487.050; and
(c) The fee for renewal of a license provided in NRS 487.080.
Sec. 4 NRS 487.410 is hereby amended to read as follows:
487.410 1. No person may operate a salvage pool without first applying for and obtaining a license for that business from the department.
2. An application for a license must be made on a form provided by the department and accompanied by [such] :
(a) Such proof as the department requires that the applicant meets the statutory requirements to be an operator of a salvage pool [.] ; and
(b) An authorization for the disclosure of financial records as provided in NRS 239A.090.
3. The authorization for the disclosure of financial records must specify that it is valid for the period for which the license is valid. The department may use any information obtained pursuant to the authorization only to determine the suitability of the applicant for licensure. Information obtained pursuant to an authorization may be disclosed only to those employees of the department who are authorized to issue a license to an applicant pursuant to NRS 487.400 to 487.510, inclusive, or to determine the suitability of an applicant for such licensure.
Sec. 5 NRS 487.430 is hereby amended to read as follows:
487.430 1. The department may approve or reject the application and, if approved, shall issue to the applicant a license containing the applicant's name and address, the name under which the business is to be conducted, the business address, and a distinguishing number assigned to the applicant.
2. A license expires on [December 31 of the year for which it was issued.] April 30 of each year.
3. A licensee may renew his license by submitting to the department:
(a) A completed application for renewal upon a form supplied by the department; [and]
(b) An updated authorization for the disclosure of financial records, which is subject to the provisions of subsection 3 of NRS 487.410; and
(c) The fee for renewal of a license provided in NRS 487.450.
Sec. 6 NRS 487.630 is hereby amended to read as follows:
487.630 1. An application for a license to operate a body shop must be filed with the department upon forms supplied by the department. The application must be accompanied by [such] :
(a) Such proof as the department requires to evidence that the applicant meets the statutory requirements to become an operator of a body shop [.] ; and
(b) An authorization for the disclosure of financial records as provided in NRS 239A.090.
2. The authorization for the disclosure of financial records must specify that it is valid for the period for which the license is valid. The department may use any information obtained pursuant to the authorization only to determine the suitability of the applicant for licensure. Information obtained pursuant to an authorization may be disclosed only to those employees of the department who are authorized to issue a license to an applicant pursuant to NRS 487.600 to 487.690, inclusive, or to determine the suitability of an applicant for such licensure.
3. The department shall charge a fee of $300 for the issuance or renewal of a license to operate a body shop. Fees collected by the department pursuant to this subsection must be deposited with the state treasurer to the credit of the account for regulation of salvage pools, automobile wreckers and body shops.
[3.] 4. Upon receipt of the application and when satisfied that the applicant is entitled thereto, the department shall issue to the applicant a license to operate a body shop. The license must contain the name and the address of the body shop and the name of the operator.
[4.] 5. Upon receipt of the license, the operator shall display the license number prominently in the body shop and include the license number on all estimates and invoices for repairs.
[5.] 6. A license expires on [December 31 of the year for which it is issued.
6.] April 30 of each year.
7. A licensee may renew his license by submitting to the department:
(a) A completed application for renewal upon a form supplied by the department; [and]
(b) An updated authorization for the disclosure of financial records, which is subject to the provisions of subsection 2; and
(c) The fee for renewal of a license provided in subsection [2.] 3.
Sec. 7 1. Notwithstanding the provisions of NRS 487.070, 487.430 and 487.630, as amended by sections 3, 5 and 6, respectively, of this act, a license issued or renewed pursuant to NRS 487.070, 487.430 or 487.630, for the period ending on December 31, 1997, expires on December 31, 1997.
2. If an applicant for the renewal of such a license has complied with the requirements for the renewal of the license and the department is satisfied that the applicant is entitled thereto, the department shall:
(a) Renew the license of the applicant for a period that, notwithstanding the provisions of NRS 487.070, 487.430 and 487.630, as amended by sections 3, 5 and 6, respectively, of this act, expires on April 30, 1999; and
(b) Collect a fee for the renewal of the license that is equal to the fee prescribed in NRS 487.080, 487.450 or 487.630, as appropriate, for the renewal of the license prorated for the period from January 1, 1998, to April 30, 1998, inclusive, plus the full statutory fee for the renewal of the license for the period from May 1, 1998, to April 30, 1999, inclusive.
3. An applicant for a new license to be issued pursuant to NRS 487.070, 487.430 or 487.630 to become effective on or after January 1, 1998, but before May 1, 1998, must file his application with the department on or before April 30, 1998. If the applicant has complied with the requirements for the issuance of the license and the department is satisfied that the applicant is entitled thereto, the department shall:
(a) Issue to the applicant a license that, notwithstanding the provisions of NRS 487.070, 487.430 and 487.630, as amended by sections 3, 5 and 6, respectively, of this act, expires on April 30, 1999; and
(b) Collect a fee for the issuance of the license that is equal to the fee prescribed in NRS 487.080, 487.450 or 487.630, as appropriate, for the issuance of the license prorated for the period from January 1, 1998, or the date on which the license is issued, whichever is later, to April 30, 1998, inclusive, plus the full statutory fee for the issuance of the license for the period from May 1, 1998, to April 30, 1999, inclusive.