Assembly Bill No. 134

Assembly Bill No. 134-Committee on Transportation

CHAPTER

AN ACT relating to the department of motor vehicles and public safety; authorizing the department in certain circumstances to request an authorization for the disclosure of certain financial information from applicants for and holders of certain occupational licenses; authorizing the department to suspend, revoke, or refuse to issue or renew such a license if such an authorization is not provided; limiting the use and disclosure by the department of the information obtained from such an authorization; revising the expiration dates for certain occupational licenses issued by the department; and providing other matters properly relating thereto.

[Approved May 15, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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Section 1. NRS 482.333 is hereby amended to read as follows:
482.333 1. A person shall not engage in the activity of a broker of vehicles in this state without first having received a license from the department. Before issuing a license to a broker, the department shall require:
(a) An application, signed and verified by the applicant, stating that the applicant desires to be licensed as a broker, his residential address and the address of his principal place of business;
(b) A statement as to whether any previous application of the applicant for a license as a vehicle dealer or broker has been denied or whether such a license has been suspended or revoked;
(c) Payment of a nonrefundable license fee of $125;
(d) For initial licensure, the submission of a complete set of the applicant's 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; and
(e) Any other information the department deems necessary.
A license issued pursuant to this section expires on December 31 of the year in which it was issued and may be renewed annually upon the payment of a fee of $50.
2. An application for a broker's license may be denied and a broker's license may be suspended or revoked upon the following grounds:
(a) Conviction of a felony;
(b) Conviction of a gross misdemeanor;
(c) Conviction of a misdemeanor for violation of any of the provisions of this chapter;
(d) Falsification of the application; [or]
(e) Failure or refusal to provide to the department an authorization for the disclosure of financial records for the business as required pursuant to subsection 6; or
(f) Any other reason determined by the director to be in the best interests of the public.
3. If an application for a broker's license has been denied, the applicant may not reapply sooner than 6 months after the denial.
4. A broker's license must be posted in a conspicuous place on the premises of the broker's principal place of business.
5. If any information submitted in the application for a broker's license changes, the broker shall submit a written notice of the change to the department within 10 days.
6. Upon the receipt of any report or complaint alleging that an applicant or a licensee has engaged in financial misconduct or has failed to satisfy financial obligations related to the activity of a broker of vehicles, the department may require the applicant or licensee to submit to the department an authorization for the disclosure of financial records for the business as provided in NRS 239A.090. The department may use any information obtained pursuant to such an authorization only to determine the suitability of the applicant or licensee for initial or continued licensure. Information obtained pursuant to such 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 482.333 to 482.334, inclusive, or to determine the suitability of an applicant or a licensee for such licensure.
7. Except as otherwise provided in NRS 482.555, any person who fails to comply with the provisions of this section is guilty of a misdemeanor.
Sec. 2. NRS 482.352 is hereby amended to read as follows:
482.352 1. The department may deny the issuance of, suspend or revoke a license to engage in the activities of a manufacturer, distributor, rebuilder or dealer in new or used vehicles or to engage in the leasing of vehicles upon any of the following grounds:
(a) Failure of the applicant to have an established place of business in this state.
(b) Conviction of a felony in the State of Nevada or any other state, territory or nation.
(c) Material misstatement in the application.
(d) Evidence of unfitness of the applicant or licensee.
(e) Willful failure to comply with any of the provisions of the motor vehicle laws of the State of Nevada or the directives of the director. For the purpose of this [subsection,] paragraph, failure to comply with the directives of the director advising the licensee of his noncompliance with any provision of the motor vehicle laws of this state or regulations of the department, within 10 days after receipt of the directive, is prima facie evidence of willful failure to comply with the directive.
(f) Failure or refusal to furnish and keep in force any bond.
(g) Failure on the part of the licensee to maintain a fixed place of business in this state.
(h) Failure or refusal by a licensee to pay or otherwise discharge any final judgment against the licensee rendered and entered against him, arising out of the misrepresentation of any vehicle, trailer or semitrailer, or out of any fraud committed in connection with the sale of any vehicle, trailer or semitrailer.
(i) Failure of the licensee to maintain any other license or bond required by any political subdivision of this state.
(j) Allowing an unlicensed salesman to sell or lease any vehicle.
(k) Failure or refusal to provide to the department an authorization for the disclosure of financial records for the business as required pursuant to subsection 3.
2. The director may deny the issuance of a license to an applicant or revoke a license already issued if the department is satisfied that the applicant or licensee is not entitled thereto.
3. Upon the receipt of any report or complaint alleging that an applicant or a licensee has engaged in financial misconduct or has failed to satisfy financial obligations related to the activities of a manufacturer, distributor, dealer or rebuilder, the department may require the applicant or licensee to submit to the department an authorization for the disclosure of financial records for the business as provided in NRS 239A.090. The department may use any information obtained pursuant to such an authorization only to determine the suitability of the applicant or licensee for initial or continued licensure. Information obtained pursuant to such 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 or a licensee 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) The fee for renewal of a license provided in NRS 487.080.
Sec. 4. NRS 487.160 is hereby amended to read as follows:
487.160 1. The department, after notice and hearing, may suspend, revoke or refuse to renew a license of an automobile wrecker upon determining that the automobile wrecker:
(a) Is not lawfully entitled thereto;
(b) Has made, or knowingly or negligently permitted, any illegal use of that license;
(c) Has failed to return a certificate of dismantling to the state agency when and as required of him by NRS 487.045 to 487.190, inclusive; or
(d) Has failed to surrender to the state agency certificates of ownership for vehicles before beginning to dismantle or wreck the vehicles.
2. The applicant or licensee may, within 30 days after receipt of the notice of refusal, suspension or revocation, petition the department in writing for a hearing.
3. Hearings under this section and appeals therefrom must be conducted in the manner prescribed in NRS 482.353 and 482.354.
4. The department may suspend, revoke or refuse to renew a license of an automobile wrecker, or deny a license to an applicant therefor, if the licensee or applicant:
(a) Does not have or maintain an established place of business in this state.
(b) Made a material misstatement in any application.
(c) Willfully fails to comply with any provision of NRS 487.045 to 487.190, inclusive.
(d) Fails to furnish and keep in force any bond required by NRS 487.050 to 487.190, inclusive.
(e) Fails to discharge any final judgment entered against him when the judgment arises out of any misrepresentation of a vehicle, trailer or semitrailer.
(f) Fails to maintain any license or bond required by a political subdivision of this state.
(g) Has been convicted of a felony.
(h) Has been convicted of a misdemeanor or gross misdemeanor for a violation of a provision of this chapter.
(i) Fails or refuses to provide to the department an authorization for the disclosure of financial records for the business as required pursuant to subsection 7.
5. If an application for a license as an automobile wrecker is denied, the applicant may not submit another application for at least 6 months after the date of the denial.
6. The department may refuse to review a subsequent application for licensing submitted by any person who violates any provision of this chapter.
7. Upon the receipt of any report or complaint alleging that an applicant or a licensee has engaged in financial misconduct or has failed to satisfy any financial obligation related to the business of dismantling, scrapping, processing or wrecking of vehicles, the department may require the applicant or licensee to submit to the department an authorization for the disclosure of financial records for the business as provided in NRS 239A.090. The department may use any information obtained pursuant to such an authorization only to determine the suitability of the applicant or licensee for initial or continued licensure. Information obtained pursuant to such 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 487.050 to 487.200, inclusive, or to determine the suitability of an applicant or a licensee for such licensure.
8. For the purposes of this section, failure to adhere to the directives of the state agency advising the licensee of his noncompliance with any provision of NRS 487.045 to 487.190, inclusive, or regulations of the state agency, within 10 days after the receipt of those directives, is prima facie evidence of willful failure to comply.
Sec. 5. NRS 487.430 is hereby amended to read as follows:
487.430 1. The department may approve or reject the application for a license to operate a salvage pool 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) The fee for renewal of a license provided in NRS 487.450.
Sec. 6. NRS 487.490 is hereby amended to read as follows:
487.4901. The department may refuse to issue a license or, after notice and hearing, may suspend, revoke or refuse to renew a license of an operator of a salvage pool upon determining that the operator:
(a) Is not lawfully entitled to the license;
(b) Has made, or knowingly or negligently permitted, any illegal use of that license;
(c) Made a material misstatement in any application;
(d) Willfully fails to comply with any provision of NRS 487.400 to 487.510, inclusive;
(e) Fails to discharge any final judgment entered against him when the judgment arises out of any misrepresentation regarding a vehicle;
(f) Fails to maintain any license or bond required by a political subdivision of this state;
(g) Has been convicted of a felony; [or]
(h) Has been convicted of a misdemeanor or gross misdemeanor for a violation of a provision of this chapter [.] ; or
(i) Fails or refuses to provide to the department an authorization for the disclosure of financial records for the business as required pursuant to subsection 6.
2. The applicant or licensee may, within 30 days after receipt of the notice of refusal to grant or renew or the suspension or revocation of a license, petition the department in writing for a hearing.
3. Hearings under this section and appeals therefrom must be conducted in the manner prescribed in NRS 482.353 and 482.354.
4. If an application for a license as an operator of a salvage pool is denied, the applicant may not submit another application for at least 6 months after the date of the denial.
5. The department may refuse to review a subsequent application for licensing submitted by any person who violates any provision of NRS 487.400 to 487.510, inclusive.
6. Upon the receipt of any report or complaint that an applicant or a licensee has engaged in financial misconduct or has failed to satisfy financial obligations related to the operation of a salvage pool, the department may require the applicant or licensee to submit to the department an authorization for the disclosure of financial records for the business as provided in NRS 239A.090. The department may use any information obtained pursuant to such an authorization only to determine the suitability of the applicant or licensee for initial or continued licensure. Information obtained pursuant to such 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 or a licensee for such licensure.
7. For the purposes of this section, the failure to adhere to the directives of the department advising the licensee of his noncompliance with any provision of NRS 487.400 to 487.510, inclusive, or regulations of the department, within 10 days after the receipt of those directives, is prima facie evidence of willful failure to comply.
Sec. 7. 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 proof as the department requires to evidence that the applicant meets the statutory requirements to become an operator of a body shop.
2. 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. 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. 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. A license expires on [December 31 of the year for which it is issued.] April 30 of each year.
6. 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) The fee for renewal of a license provided in subsection 2.
Sec. 8. NRS 487.650 is hereby amended to read as follows:
487.6501. The department may refuse to issue a license or, after notice and hearing, may suspend, revoke or refuse to renew a license to operate a body shop upon any of the following grounds:
[1.] (a) Failure of the applicant or licensee to have or maintain an established place of business in this state.
[2.] (b) Conviction of the operator of a felony, or of a misdemeanor or gross misdemeanor for a violation of a provision of this chapter.
[3.] (c) Any material misstatement in the application for the license.
[4.] (d) Willful failure of the applicant or operator to comply with the motor vehicle laws of this state, NRS 487.035, 487.610 to 487.690, inclusive, or 597.480 to 597.590, inclusive.
[5.] (e) Failure or refusal by the licensee to pay or otherwise discharge any final judgment against him arising out of the operation of the body shop.
(f) Failure or refusal to provide to the department an authorization for the disclosure of financial records for the business as required pursuant to subsection 2.
2. Upon the receipt of any report or complaint alleging that an applicant or a licensee has engaged in financial misconduct or has failed to satisfy financial obligations related to the operation of a body shop, the department may require the applicant or licensee to submit to the department an authorization for the disclosure of financial records for the business as provided in NRS 239A.090. The department may use any information obtained pursuant to such an authorization only to determine the suitability of the applicant or licensee for initial or continued licensure. Information obtained pursuant to such 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 487.610 to 487.690, inclusive, or to determine the suitability of an applicant or a licensee for such licensure.
Sec. 9. 1. Notwithstanding the provisions of NRS 487.070, 487.430 and 487.630, as amended by sections 3, 5 and 7, 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 7, 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 7, 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.
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