SUMMARY--Makes various changes concerning salvage of motor vehicles. (BDR 43-1281)
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 vehicles; redefining a rebuilt vehicle; providing for the issuance of identifying cards by licensees of the department of motor vehicles and public safety; specifically authorizing operators of salvage pools to foreclose liens on vehicles; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 NRS 482.098 is hereby amended to read as follows:
482.098"Rebuilt vehicle" means a vehicle, one or more major components of which have been replaced. [For the purposes of this section, the major components of a vehicle are the cowl, frame, rear clip, roof and floor pan.] The department shall prescribe by regulation what constitutes a major component for the purposes of this section.
Sec. 2 Chapter 487 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 8, inclusive, of this act.
Sec. 3 1. The department may issue to a person licensed to operate a salvage pool an additional license authorizing the holder to issue identifying cards.
2. The department shall investigate the qualifications of an applicant for a license to issue identifying cards and shall prescribe a form for reporting the result.
Sec. 4 In addition to the requirements set forth in NRS 487.420 to 487.450, inclusive, and subject to the grounds for denial, suspension or revocation pursuant to NRS 487.490, an applicant for a license to issue identifying cards must:
1. Have been licensed to operate a salvage pool for the 2-year period immediately preceding application for the additional license.
2. Not have issued a check to the department for payment which was returned for insufficient funds.
3. Include a secure building within his facility.
Sec. 5 1. Except as otherwise provided in subsection 2, an applicant for a license to issue identifying cards shall file with the department a bond payable to the State of Nevada in the amount of $10,000. The bond must be executed by the applicant as principal and by a corporation qualified under NRS 100.065 as surety.
2. An applicant may, instead of filing a bond, deposit $10,000 with the state treasurer in any form authorized by NRS 100.065.
Sec. 6 1. Application for a license to issue identifying cards must be filed upon a form supplied by the department. If considered necessary, the department may require information in addition to that required by the form.
2. A fee of $25 must accompany the application.
3. Upon receipt of the application and fee, and when satisfied that the applicant is entitled thereto, the department shall issue to the applicant a license to issue identifying cards containing the name of the applicant and his established place of business.
4. 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 $25.
Sec. 7 An employee of a licensee whose duties include acting upon, issuing or renewing an identifying card must complete a course of training offered by the department.
Sec. 8 1. A person licensed to issue identifying cards shall maintain a record of all fees collected and identifying cards issued.
2. The record must contain:
(a) The name and signature of the licensed automobile wrecker, vehicle dealer or rebuilder from whom fees were collected, the amount of fees collected and the number of identifying cards issued or renewed.
(b) The business name, address and license number under which the automobile wrecker, vehicle dealer or rebuilder is licensed by the department.
(c) A photograph of the natural person to whom the identifying card was issued.
3. The record must be open to inspection during regular business hours by any peace officer or investigator of the department.
4. Upon request of the department, a person licensed to issue identifying cards shall allow the department, or a person designated by the department, to conduct an audit of his records.
5. The records of the licensee must be maintained at the licensed location.
Sec. 9 NRS 487.400 is hereby amended to read as follows:
487.400As used in NRS 487.400 to 487.510, inclusive, ["salvage] and sections 3 to 8, inclusive, of this act:
1. "Identifying card" means a card:
(a) Authorizing the holder to bid for the purchase of vehicles from the operator of a salvage pool; and
(b) Containing the information required by NRS 487.070 or 487.475.
2. "Salvage pool" means a business which obtains motor vehicles from:
[1.] (a) Insurers and self-insurers for sale on consignment or as an agent for the insurer or self-insurer if the vehicles are acquired by the insurer or self-insurer as the result of a settlement for insurance; or
[2.] (b) Licensed vehicle dealers, rebuilders, lessors or wreckers for sale on consignment.
Sec. 10 NRS 487.470 is hereby amended to read as follows:
487.4701. Only a licensed automobile wrecker, dealer of new or used motor vehicles or rebuilder may bid to purchase a vehicle from an operator of a salvage pool, and the operator may only sell a vehicle to such a person. An operator shall not accept a bid from:
(a) An automobile wrecker until:
(1) He presents the card issued by the department pursuant to NRS 487.070 [;] or other identifying card; or
(2) If he is licensed or otherwise authorized to operate as an automobile wrecker in another state or foreign country, he presents evidence of that licensure or authorization and has registered with the operator pursuant to subsection 2; or
(b) A dealer of new or used motor vehicles or a rebuilder until:
(1) He presents the card issued by the department pursuant to NRS 487.475 [;] or other identifying card; or
(2) If he is licensed or otherwise authorized to operate as a dealer of new or used motor vehicles or as a rebuilder in another state or foreign country, he presents evidence of that licensure or authorization and has registered with the operator pursuant to subsection 2.
2. Any automobile wrecker, dealer of new or used motor vehicles or rebuilder who is licensed or otherwise authorized to operate in another state or foreign country shall register with each operator of a salvage pool with whom he bids to purchase vehicles, by filing with the operator copies of his license or other form of authorization from the other state or country, and his driver's license, business license, certificate evidencing the filing of a bond, resale certificate and proof of social security or tax identification number, if such documentation is required for licensure in the other state or country. Each operator of a salvage pool shall keep such copies at his place of business and in a manner so that they are easily accessible and open to inspection by employees of the department of motor vehicles and public safety and to officers of law enforcement agencies in this state.
Sec. 11 NRS 108.270 is hereby amended to read as follows:
108.270Subject to the provisions of NRS 108.315:
1. A person engaged in the business of:
(a) Buying or selling automobiles;
(b) Keeping a garage or place for the storage, maintenance, keeping or repair of motor vehicles, motorcycles, motor equipment, trailers, mobile homes or manufactured homes [;] , including the operator of a salvage pool; or
(c) Keeping a mobile home park, mobile home lot or other land for rental of spaces for trailers, mobile homes or manufactured homes,
and who in connection therewith stores, maintains, keeps or repairs any motor vehicle, motorcycle, motor equipment, trailer, mobile home or manufactured home, or furnishes accessories, facilities, services or supplies therefor, at the request or with the consent of the owner or his representatives, or at the direction of any peace officer or other authorized person who orders the towing or storage of any vehicle through any action permitted by law, has a lien upon the motor vehicle, motorcycle, motor equipment, trailer, mobile home or manufactured home or any part or parts thereof for the sum due for the towing, storing, maintaining, keeping or repairing of the motor vehicle, motorcycle, motor equipment, trailer, mobile home or manufactured home or for labor furnished thereon, or for furnishing accessories, facilities, services or supplies therefor, and for all costs incurred in enforcing such a lien.
2. Subject to the provisions of NRS 108.315, a person engaged in the business of keeping a recreational vehicle park who, at the request or with the consent of the owner of a recreational vehicle or his representative, furnishes facilities or services in the recreational vehicle park for the recreational vehicle, has a lien upon the recreational vehicle for the amount of rent due for furnishing those facilities and services, and for all costs incurred in enforcing such a lien.
3. A person who at the request of the legal owner performed labor on, furnished materials or supplies or provided storage for any aircraft, aircraft equipment or aircraft parts is entitled to a lien for such services, materials or supplies and for the costs incurred in enforcing the lien.
4. Any person who is entitled to a lien as provided in subsections 1, 2 and 3 may, without process of law, detain the motor vehicle, motorcycle, motor equipment, trailer, recreational vehicle, mobile home, manufactured home, aircraft, aircraft equipment or aircraft parts at any time it is lawfully in his possession until the sum due to him is paid.