AB178

Assembly Bill No. 178–Committee on Transportation

CHAPTER..........

AN ACT relating to motor vehicles; requiring the Director of the Department of Motor Vehicles to ensure that certain documents submitted to, issued by or retained by the Department contain the full legal name of the relevant person; providing that the document setting forth indicia of the ownership of a motor vehicle shall be known as a “certificate of title”; making various other changes relating to the operations of 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:

Section 1. Chapter 481 of NRS is hereby amended by adding

thereto a new section to read as follows:

1. Except as otherwise provided in subsection 2, the Director

shall ensure that whenever a document is required by law to

include the name of a person, the document sets forth the full

legal name of that person.

2. The provisions of this section do not require the Director to

alter, amend or otherwise change any documents that were created

before October 1, 2003.

3. The Director may take any action he deems reasonable to

facilitate achieving uniformity in the manner in which the

documents and records of the Department refer to a particular

person by name.

4. As used in this section:

(a) “Certificate of registration” means the certificate described

in subsection 1 of NRS 482.245.

(b) “Document” means any:

(1) Application or record that a person is required to file

with or submit to the Department;

(2) Card, certificate or license that the Department issues to

a person; and

(3) Record that the Department is required to keep or

maintain.

The term includes, without limitation, a certificate of registration,

certificate of title, driver’s license and identification card, and an

application or record pertaining to any such certificate, license or

card.

Sec. 2. NRS 481.015 is hereby amended to read as follows:

481.015 1. Except as otherwise provided in this subsection,

as used in this title, unless the context otherwise requires,

“certificate of title” means the document issued by the Department

that identifies the legal owner of a vehicle and contains the

information required pursuant to subsection 2 of NRS 482.245.

The definition set forth in this subsection does not apply to

chapters 488 and 489 of NRS.

2. Except as otherwise provided in chapters 480 and 486A of

NRS, as used in this title, unless the context otherwise requires:

[1.] (a) “Department” means the Department of Motor Vehicles.

[2.] (b) “Director” means the Director of the Department of

Motor Vehicles.

Sec. 3. NRS 481.063 is hereby amended to read as follows:

481.063 1. The Director may charge and collect reasonable

fees for official publications of the Department and from persons

making use of files and records of the Department or its various

divisions for a private purpose. All money so collected must be

deposited in the State Treasury for credit to the Motor Vehicle Fund.

2. Except as otherwise provided in subsection 5, the Director

may release personal information, except a photograph, from a file

or record relating to the driver’s license, identification card, or title

or registration of a vehicle of a person if the requester submits a

written release from the person who holds a lien on the vehicle, or

an agent of that person, or the person about whom the information is

requested which is dated not more than 90 days before the date of

the request. The written release must be in a form required by the

Director.

3. Except as otherwise provided in subsection 2, the Director

shall not release to any person who is not a representative of the

Welfare Division of the Department of Human Resources or an

officer, employee or agent of a law enforcement agency, an agent of

the public defender’s office or an agency of a local government

which collects fines imposed for parking violations, who is not

conducting an investigation pursuant to NRS 253.0415, 253.044 or

253.220, who is not authorized to transact insurance pursuant to

chapter 680A of NRS or who is not licensed as a private investigator

pursuant to chapter 648 of NRS and conducting an investigation of

an insurance claim:

(a) A list which includes license plate numbers combined with

any other information in the records or files of the Department;

(b) The social security number of any person, if it is requested to

facilitate the solicitation of that person to purchase a product or

service; or

personally identifiable information if the information is requested by

the presentation of a license plate number.

When such personally identifiable information is requested of a law

enforcement agency by the presentation of a license plate number,

the law enforcement agency shall conduct an investigation regarding

the person about whom information is being requested or, as soon as

practicable, provide the requester with the requested information if

the requester officially reports that the motor vehicle bearing that

license plate was used in a violation of NRS 205.240, 205.345,

205.380 or 205.445.

4. Except as otherwise provided in subsections 2 and 5, the

Director shall not release any personal information from a file or

record relating to a driver’s license, identification card, or title or

registration of a vehicle.

5. Except as otherwise provided in paragraph (a) and

subsection 6, if a person or governmental entity provides a

description of the information requested and its proposed use and

signs an affidavit to that effect, the Director may release any

personal information , except a photograph, from a file or record

relating to a driver’s license, identification card, or title or

registration of a vehicle for use:

(a) By any governmental entity, including, but not limited to,

any court or law enforcement agency, in carrying out its functions,

or any person acting on behalf of a federal, state or local

governmental agency in carrying out its functions. The personal

information may include a photograph from a file or record relating

to a driver’s license, identification card, or title or registration of a

vehicle.

(b) In connection with any civil, criminal, administrative or

arbitration proceeding before any federal or state court, regulatory

body, board, commission or agency, including, but not limited to,

use for service of process, investigation in anticipation of litigation,

and execution or enforcement of judgments and orders, or pursuant

to an order of a federal or state court.

(1) The safety of drivers of motor vehicles;

(2) Safety and thefts of motor vehicles;

(3) Emissions from motor vehicles;

(4) Alterations of products related to motor vehicles;

(5) An advisory notice relating to a motor vehicle or the

recall of a motor vehicle;

(6) Monitoring the performance of motor vehicles;

(7) Parts or accessories of motor vehicles;

(8) Dealers of motor vehicles; or

(9) Removal of nonowner records from the original records

of motor vehicle manufacturers.

(d) By any insurer, self-insurer or organization that provides

assistance or support to an insurer or self-insurer or its agents,

employees or contractors, in connection with activities relating to

the rating, underwriting or investigation of claims or the prevention

of fraud.

(e) In providing notice to the owners of vehicles that have been

towed, repossessed or impounded.

(f) By an employer or its agent or insurer to obtain or verify

information relating to a holder of a commercial driver’s license

who is employed by or has applied for employment with the

employer.

(g) By a private investigator, private patrolman or security

consultant who is licensed pursuant to chapter 648 of NRS, for any

use permitted pursuant to this section.

(h) By a reporter or editorial employee who is employed by or

affiliated with any newspaper, press association or commercially

operated, federally licensed radio or television station for a

journalistic purpose. The Department may not make any inquiries

regarding the use of or reason for the information requested other

than whether the information will be used for a journalistic purpose.

(i) In connection with an investigation conducted pursuant to

NRS 253.0415, 253.044 or 253.220.

(j) In activities relating to research and the production of

statistical reports, if the personal information will not be published

or otherwise redisclosed, or used to contact any person.

(k) In the bulk distribution of surveys, marketing material or

solicitations, if the Director has adopted policies and procedures to

ensure that:

(1) The information will be used or sold only for use in the

bulk distribution of surveys, marketing material or solicitations;

(2) Each person about whom the information is requested has

clearly been provided with an opportunity to authorize such a use;

and

(3) If the person about whom the information is requested

does not authorize such a use, the bulk distribution will not be

directed toward that person.

6. Except as otherwise provided in paragraph (j) of

subsection 5, a person who requests and receives personal

information may sell or disclose that information only for a use

permitted pursuant to subsection 5. Such a person shall keep and

maintain for 5 years a record of:

(a) Each person to whom the information is provided; and

(b) The purpose for which that person will use the

information.

The record must be made available for examination by the

Department at all reasonable times upon request.

7. Except as otherwise provided in subsection 2, the Director

may deny any use of the files and records if he reasonably believes

that the information taken may be used for an unwarranted invasion

of a particular person’s privacy.

8. Except as otherwise provided in NRS 485.316, the Director

shall not allow any person to make use of information retrieved

from the database created pursuant to NRS 485.313 for a private

purpose and shall not in any other way release any information

retrieved from that database.

9. The Director shall adopt such regulations as he deems

necessary to carry out the purposes of this section. In addition, the

Director shall, by regulation, establish a procedure whereby a person

who is requesting personal information may establish an account

with the Department to facilitate his ability to request information

electronically or by written request if he has submitted to the

Department proof of his employment or licensure, as applicable, and

a signed and notarized affidavit acknowledging:

(a) That he has read and fully understands the current laws and

regulations regarding the manner in which information from the

Department’s files and records may be obtained and the limited uses

which are permitted;

(b) That he understands that any sale or disclosure of

information so obtained must be in accordance with the provisions

of this section;

Department of any information he requests; and

(d) That he understands that a violation of the provisions of this

section is a criminal offense.

10. It is unlawful for any person to:

(a) Make a false representation to obtain any information from

the files or records of the Department.

(b) Knowingly obtain or disclose any information from the files

or records of the Department for any use not permitted by the

provisions of this chapter.

11. As used in this section, “personal information” means

information that reveals the identity of a person, including, without

limitation, his photograph, social security number, driver’s license

number, identification card number, name, address, telephone

number or information regarding a medical condition or disability.

The term does not include the zip code of a person when separate

from his full address, information regarding vehicular accidents or

driving violations in which he has been involved or other

information otherwise affecting his status as a driver.

Sec. 4. NRS 482.085 is hereby amended to read as follows:

482.085 “Owner” means a person who holds the legal title of a

vehicle and whose name appears on the certificate of [ownership,]

title, and any lienholder whose name appears on the certificate of

[ownership.] title. If a vehicle is the subject of an agreement for the

conditional sale or lease thereof with or without the right of

purchase upon performance of the conditions stated in the

agreement and with an immediate right of possession vested in the

conditional vendee or lessee, or if a mortgagor of a vehicle is

entitled to possession, then the conditional vendee or lessee or

mortgagor shall be deemed the owner for the purpose of this

chapter.

Sec. 5. NRS 482.173 is hereby amended to read as follows:

482.173 1. Notwithstanding the provisions of any schedule

for the retention and disposition of official state records to the

contrary, the Director shall ensure that the Department retains

the originals of:

(a) Certificates of [ownership] title that are submitted to the

Department for the registration of a vehicle which has been sold or

transferred; and

(b) Forms for a power of attorney that are submitted to the

Department pursuant to subsection 2 of NRS 482.415,

for at least 1 year after the date on which such documents are

received by the Department.

2. Notwithstanding the provisions of NRS 239.080, the

Director may order the destruction of certificates of [ownership] title

and forms for a power of attorney which are retained pursuant to

subsection 1 after the expiration of the 1‑year period set forth in that

subsection.

3. The Department shall keep a record showing when

certificates of [ownership] title and forms for a power of attorney

are destroyed.

Sec. 6. NRS 482.188 is hereby amended to read as follows:

482.188 1. The Department may waive payment of a penalty

or interest for a person’s failure timely to file a return or pay a tax ,

penalty or fee imposed by the Department pursuant to this chapter

or any other provision of law, if the Department determines that the

failure:

(a) Was caused by circumstances beyond the person’s control;

(b) Occurred despite the person’s exercise of ordinary care; and

2. A person requesting relief from payment of a penalty or

interest must file with the Department a sworn statement specifying

the facts supporting his claim for relief.

Sec. 7. NRS 482.235 is hereby amended to read as follows:

482.235 1. The Department shall file each application

received and register the vehicle therein described and the owner

thereof in suitable books or on index cards as follows:

(a) Under a distinctive registration number assigned to the

vehicle and to the owner thereof, referred to in this chapter as the

registration number.

(b) Alphabetically under the [legal] name of the owner.

of the vehicle or a permanent identifying number, as may be

determined by the Department.

2. A registered dealer who registers a vehicle shall assign a

registration number for that vehicle according to a list of registration

numbers issued by the Department for use by that dealer.

Sec. 8. NRS 482.240 is hereby amended to read as follows:

482.240 1. Upon [a] the registration of a vehicle, the

Department or a registered dealer shall issue a certificate of

registration to the owner.

2. When an applicant for registration or transfer of registration

is unable, for any reason, to submit to the Department in support of

the application for registration, or transfer of registration, such

documentary evidence of legal ownership as, in the opinion of the

Department, is sufficient to establish the legal ownership of the

vehicle concerned in the application for registration or transfer of

registration, the Department may issue to the applicant only a

certificate of registration.

3. The Department may, upon proof of ownership satisfactory

to it, issue a certificate of [ownership] title before the registration of

the vehicle concerned. The certificate of registration issued pursuant

to this chapter is valid only during the registration period or calendar

year for which it is issued, and a certificate of [ownership] title is

valid until canceled by the Department upon the transfer of interest

therein.

Sec. 9. NRS 482.245 is hereby amended to read as follows:

482.245 1. The certificate of registration must contain upon

the face thereof the date issued, the registration number assigned to

the vehicle, the legal name and address of the registered owner, the

county where the vehicle is to be based unless it is deemed to have

no base, a description of the registered vehicle and such other

statement of facts as may be determined by the Department.

2. The certificate of [ownership] title must contain upon the

face thereof the date issued, the name and address of the registered

owner and the owner or lienholder, if any, a description of the

vehicle, any entries required by NRS 482.423 to 482.428, inclusive,

a reading of the vehicle’s odometer as provided to the Department

by the person making the sale or transfer, the word “rebuilt” if it is a

rebuilt vehicle[,] and such other statement of facts as may be

determined by the Department. The reverse side of the certificate of

[ownership] title must contain forms for notice to the Department of

a transfer of the title or interest of the owner or lienholder and

application for registration by the transferee. If a new certificate of

[ownership] title is issued for a vehicle, it must contain the same

information as the replaced certificate, except to the extent that the

information has changed after the issuance of the replaced

certificate. Except as otherwise required by federal law, the

certificate of [ownership] title of a vehicle which the Department

knows to have been stolen must not contain any statement or other

indication that the mileage specified in the certificate or registered

on the odometer is anything other than the actual mileage traveled

by the vehicle, in the absence of proof that the odometer of the

vehicle has been disconnected, reset or altered.

Sec. 10. NRS 482.245 is hereby amended to read as follows:

482.245 1. The certificate of registration must contain upon

the face thereof the date issued, the registration number assigned to

the vehicle, the [legal] name and address of the registered owner, the

county where the vehicle is to be based unless it is deemed to have

no base, a description of the registered vehicle and such other

statement of facts as may be determined by the Department.

2. The certificate of title must contain upon the face thereof the

date issued, the name and address of the registered owner and the

owner or lienholder, if any, a description of the vehicle, any entries

required by NRS 482.423 to 482.428, inclusive, a reading of the

vehicle’s odometer as provided to the Department by the person

making the sale or transfer, the word “rebuilt” if it is a rebuilt

vehicle and such other statement of facts as may be determined by

the Department. The reverse side of the certificate of title must

contain forms for notice to the Department of a transfer of the title

or interest of the owner or lienholder and application for registration

by the transferee. If a new certificate of title is issued for a vehicle,

it must contain the same information as the replaced certificate,

except to the extent that the information has changed after the

issuance of the replaced certificate. Except as otherwise required by

federal law, the certificate of title of a vehicle which the Department

knows to have been stolen must not contain any statement or other

indication that the mileage specified in the certificate or registered

on the odometer is anything other than the actual mileage traveled

by the vehicle, in the absence of proof that the odometer of the

vehicle has been disconnected, reset or altered.

Sec. 11. NRS 482.260 is hereby amended to read as follows:

482.260 1. When registering a vehicle, the Department and

its agents or a registered dealer shall:

(a) Collect the fees for license plates and registration as

provided for in this chapter.

(b) Collect the governmental services tax on the vehicle, as

agent for the county where the applicant intends to base the vehicle

for the period of registration, unless the vehicle is deemed to have

no base.

372, 374, 377 and 377A of NRS.

(d) Issue a certificate of registration.

(e) If the registration is performed by the Department, issue the

regular license plate or plates.

(f) If the registration is performed by a registered dealer, provide

information to the owner regarding the manner in which the regular

license plate or plates will be made available to him.

2. Upon proof of ownership satisfactory to the Director, he

shall cause to be issued a certificate of [ownership] title as provided

in this chapter.

3. Every vehicle being registered for the first time in Nevada

must be taxed for the purposes of the governmental services tax for

a 12‑month period.

4. The Department shall deduct and withhold 2 percent of the

taxes collected pursuant to paragraph (c) of subsection 1 and remit

the remainder to the Department of Taxation.

5. A registered dealer shall forward all fees and taxes collected

for the registration of vehicles to the Department.

Sec. 12. NRS 482.272 is hereby amended to read as follows:

482.272 [1.] Each license plate for a motorcycle [shall

contain five] may contain up to six characters, including numbers

and [no] letters. Only one plate [shall] may be issued for a

motorcycle.

[2. Motorcycle license plates shall be issued in consecutive

numerical order for statewide distribution.

3. In the event the Department exhausts the license plate code

of subsection 1, the Department may substitute letters in

combination with numbers to expand the code for motorcycle

license plates.]

Sec. 13. NRS 482.292 is hereby amended to read as follows:

482.292 As used in this section and NRS 482.293 and 482.294,

unless the context otherwise requires, “document” means an

application, notice, report, statement or other record relating to the

issuance or renewal of a certificate of registration, or the issuance of

a certificate of [ownership] title pursuant to this chapter by financial

institutions, new vehicle dealers and used vehicle dealers on behalf

of their customers.

Sec. 14. NRS 482.293 is hereby amended to read as follows:

482.293 1. The Department may establish a program for the

electronic submission and storage of documents.

2. If the Department establishes a program pursuant to

subsection 1:

(a) An electronic submission or storage of documents that is

carried out pursuant to the program with respect to a particular

transaction is not valid unless all original documents required for the

transaction pursuant to:

(1) The provisions of 49 U.S.C. §§ 32701 et seq.; and

(2) The provisions of any regulations adopted pursuant

thereto,

have been executed and submitted to the Department.

(b) The Department shall adopt regulations to carry out the

program.

3. The regulations required to be adopted pursuant to paragraph

(b) of subsection 2 must include, without limitation:

(a) The type of electronic transmission that the Department will

accept for the program.

(b) The process for submission of an application by a person

who desires to participate in the program and the fee, if any, that

must accompany the application for participation.

determining whether to approve an application to participate in the

program.

(d) The standards for ensuring the security and integrity of the

process for issuance and renewal of a certificate of registration[,]

and a certificate of [ownership and certificate of] title, including,

without limitation, the procedure for a financial and performance

audit of the program.

(e) The terms and conditions for participation in the program

and any restrictions on the participation.

(f) The contents of a written agreement that must be on file with

the Department pursuant to subsection 2 of NRS 482.294 before a

participant may submit a document by electronic means to the

Department. Such a written agreement must include, without

limitation:

(1) An assurance that each document submitted by electronic

means contains all the information that is necessary to complete the

transaction for which the document is submitted;

(2) Certification that all the information contained in each

document that is submitted by electronic means is truthful and

accurate;

(3) An assurance that the participant who submits a

document by electronic means will maintain all information and

records that are necessary to support the document; and

(4) The signature of the participant who files the written

agreement with the Department.

(g) The conditions under which the Department may revoke the

approval of a person to participate in the program, including,

without limitation, failure to comply with this section and NRS

482.294 and the regulations adopted pursuant thereto.

(h) The method by which the Department will store documents

that are submitted to it by electronic means.

(i) The required technology that is necessary to carry out the

program.

(j) Any other regulations that the Department determines

necessary to carry out the program.

(k) Procedures to ensure compliance with:

(1) The provisions of 49 U.S.C. §§ 32701 et seq.; and

(2) The provisions of any regulations adopted pursuant

thereto,

to the extent that such provisions relate to the submission and

retention of documents used for the transfer of the ownership of

vehicles.

4. The Department may accept gifts and grants from any

source, including, without limitation, donations of materials,

equipment and labor, for the establishment and maintenance of a

program pursuant to this section.

Sec. 15. NRS 482.294 is hereby amended to read as follows:

482.294 1. If the Department approves an application for a

person to participate in a program established pursuant to NRS

482.293, that participant may submit, by electronic means, a

document that is required to be submitted pursuant to this chapter

for the issuance or renewal of a certificate of registration[,] or a

certificate of [ownership or certificate of] title.

2. If the signature of a natural person is required pursuant to

this chapter on a document that is submitted by electronic means,

the Department may waive that requirement if the participant who

submitted the document on behalf of that person complies with all

requirements of this program.

3. Notwithstanding any other provision of law to the contrary,

a document that is submitted by electronic means pursuant to

subsection 1, if accepted by the Department, shall be deemed an

original document in administrative proceedings, quasi-judicial

proceedings and judicial proceedings.

Sec. 16. NRS 482.3255 is hereby amended to read as follows:

482.3255 Evidence of unfitness of an applicant or a licensee

for purposes of denial or revocation of a license may consist of , but

is not limited to:

1. Failure to discharge a lienholder on a vehicle within 30 days

after it is traded to his dealership.

2. Being the former holder of[,] or being a partner, officer,

director, owner or manager involved in management decisions of a

dealership which held a license issued pursuant to NRS 482.325

which was revoked for cause and never reissued or was suspended

upon terms which were never fulfilled.

3. Defrauding or attempting to defraud the State or a political

subdivision of any taxes or fees in connection with the sale or

transfer of a vehicle.

4. Forging the signature of the registered or legal owner of a

vehicle on a certificate of title.

5. Purchasing, selling, otherwise disposing of or having in his

possession any vehicle which he knows, or a reasonable person

should know, is stolen or otherwise illegally appropriated.

6. Willfully failing to deliver to a purchaser or his lienholder a

certificate of [ownership] title to a vehicle he has sold.

7. Refusing to allow an agent of the Department to inspect,

during normal business hours, all books, records and files of the

dealership which are maintained within the State.

8. Any fraud which includes , but is not limited to:

(a) Misrepresentation in any manner, whether intentional or

grossly negligent, of a material fact.

(b) An intentional failure to disclose a material fact.

9. Willful failure to comply with any regulation adopted by the

Department.

Sec. 17. NRS 482.400 is hereby amended to read as follows:

482.400 1. Except as otherwise provided in this subsection

and subsections 2, 5 and 6, upon a transfer of the title to, or the

interest of an owner in, a vehicle registered or issued a certificate of

[ownership] title under the provisions of this chapter, the person or

persons whose title or interest is to be transferred and the transferee

shall write their signatures with pen and ink upon the certificate of

[ownership] title issued for the vehicle, together with the residence

address of the transferee, in the appropriate spaces provided upon

the reverse side of the certificate. The Department may, by

regulation, prescribe alternative methods by which a signature may

be affixed upon a manufacturer’s certificate of origin or a

manufacturer’s statement of origin issued for a vehicle. The

alternative methods must ensure the authenticity of the signatures.

2. The Department shall provide a form for use by a dealer for

the transfer of ownership of a vehicle. The form must be produced

in a manner which ensures that the form may not be easily

counterfeited. Upon the attachment of the form to a certificate of

[ownership] title issued for a vehicle, the form becomes a part of

that certificate of [ownership.] title. The Department may charge a

fee not to exceed the cost to provide the form.

3. Except as otherwise provided in subsections 4, 5 and 6, the

transferee shall immediately apply for registration as provided in

NRS 482.215[,] and shall pay the governmental services taxes due.

4. If the transferee is a dealer who intends to resell the vehicle,

he is not required to register, pay a transfer or registration fee for, or

pay a governmental services tax on the vehicle. When the vehicle is

resold, the purchaser shall apply for registration as provided in NRS

482.215[,] and shall pay the governmental services taxes due.

5. If the transferee consigns the vehicle to a wholesale vehicle

auctioneer:

(a) The transferee shall, within 30 days after that consignment,

provide the wholesale vehicle auctioneer with the certificate of

[ownership] title for the vehicle, executed as required by subsection

1, and any other documents necessary to obtain another certificate of

[ownership] title for the vehicle.

(b) The wholesale vehicle auctioneer shall be deemed a

transferee of the vehicle for the purposes of subsection 4. The

wholesale vehicle auctioneer is not required to comply with

subsection 1 if he:

(1) Does not take an ownership interest in the vehicle;

(2) Auctions the vehicle to a vehicle dealer or automobile

wrecker who is licensed as such in this or any other state; and

(3) Stamps his name, his identification number as a vehicle

dealer and the date of the auction on the certificate of [ownership]

title and the bill of sale and any other documents of transfer for the

vehicle.

6. A charitable organization which intends to sell a vehicle

which has been donated to the organization must deliver

immediately to the Department or its agent the certificate of

registration and the license plate or plates for the vehicle, if the

license plate or plates have not been removed from the vehicle. The

charitable organization must not be required to register, pay a

transfer or registration fee for, or pay a governmental services tax on

the vehicle. When the vehicle is sold by the charitable organization,

the purchaser shall apply for registration as provided in NRS

482.215 and pay the governmental services taxes due.

7. As used in this section, “wholesale vehicle auctioneer”

means a dealer who:

(a) Is engaged in the business of auctioning consigned motor

vehicles to vehicle dealers or automobile wreckers, or both, who are

licensed as such in this or any other state; and

(b) Does not in the ordinary course of his business buy, sell or

own the vehicles he auctions.

Sec. 18. NRS 482.415 is hereby amended to read as follows:

482.415 1. Whenever application is made to the Department

for registration of a vehicle previously registered pursuant to this

chapter and the applicant is unable to present the certificate of

registration or [ownership] certificate of title previously issued for

the vehicle because the certificate of registration or [ownership]

certificate of title is lost, unlawfully detained by one in possession

or otherwise not available, the Department may receive the

application, investigate the circumstances of the case and require the

filing of affidavits or other information. When the Department is

satisfied that the applicant is entitled to a new [certificates]

certificate of registration and [ownership,] certificate of title, it may

license plate or plates to the person or persons entitled thereto.

2. Whenever application is made to the Department for the

registration of a motor vehicle of which the:

(a) Ownership has been transferred;

(b) Certificate of [ownership] title is lost, unlawfully detained by

one in possession or otherwise not available; and

the transferor of the motor vehicle may, [for the purpose of

furnishing] to furnish any information required by the Department

to carry out the provisions of NRS 484.60665, designate the

transferee of the motor vehicle as his attorney in fact on a form for a

power of attorney provided by the Department.

3. The Department shall provide the form described in

subsection 2. The form must be:

(a) Produced in a manner that ensures that the form may not be

easily counterfeited; and

(b) Substantially similar to the form set forth in Appendix E of

Part 580 of Title 49 of the Code of Federal Regulations.

4. The Department may charge a fee not to exceed 50 cents for

each form it provides.

Sec. 19. NRS 482.424 is hereby amended to read as follows:

482.424 1. When a used or rebuilt vehicle is sold in this

state to any person, except a licensed dealer, by a dealer, rebuilder,

long-term lessor or short-term lessor, the seller shall complete and

execute a dealer’s or rebuilder’s report of sale. The dealer’s or

rebuilder’s report of sale must be in a form prescribed by the

Department and must include:

(a) A description of the vehicle, including whether it is a rebuilt

vehicle;

(b) The name and address of the seller; and

2. If a security interest exists at the time of the sale, or if in

connection with the sale a security interest is taken or retained by

the seller to secure all or part of the purchase price, or a security

interest is taken by a person who gives value to enable the buyer to

acquire rights in the vehicle, the name and address of the secured

party must be entered on the dealer’s or rebuilder’s report of sale.

3. Unless an extension of time is granted by the Department,

the seller shall:

(a) Collect the fee set forth in NRS 482.429 for a certificate of

title for a vehicle registered in this state; and

(b) Submit the original of the dealer’s or rebuilder’s report of

sale and remit the fee collected pursuant to this subsection for the

certificate of title to the Department within 30 days after the

execution of the dealer’s or rebuilder’s report of sale, together with

the properly endorsed certificate of title [or certificate of ownership]

previously issued for the vehicle.

4. Upon entering into a contract for the sale of a used or rebuilt

vehicle, the seller shall affix a temporary placard to the rear of the

vehicle. Only one temporary placard may be issued for the vehicle.

The temporary placard must:

(a) Be in a form prescribed by the Department;

(b) Be made of a material appropriate for use on the exterior of a

vehicle;

rear of the vehicle; and

(d) Include the date of its expiration.

5. Compliance with the requirements of subsection 4 permits

the vehicle to be operated for not more than 30 days after the

execution of the contract. Upon the issuance of the certificate of

registration and license plates for the vehicle or the expiration of the

temporary placard, whichever occurs first, the buyer shall remove

the temporary placard from the rear of the vehicle.

6. [For the purposes of establishing] To establish compliance

with the period required by paragraph (b) of subsection 3, the

Department shall use the date imprinted or otherwise indicated on

the dealer’s or rebuilder’s report of sale as the beginning date of the

30-day period.

7. Upon executing all documents necessary to complete the

sale of the vehicle, the seller shall execute the dealer’s or rebuilder’s

report of sale and furnish a copy of the report to the buyer not less

than 10 days before the expiration of the temporary placard.

Sec. 20. NRS 482.4245 is hereby amended to read as follows:

482.4245 1. If a used or rebuilt vehicle is leased in this state

by a long-term lessor, the long-term lessor shall complete and

execute a long-term lessor’s report of lease. Such a report must be in

a form prescribed by the Department and must include:

(a) A description of the vehicle;

(b) An indication as to whether the vehicle is a rebuilt vehicle;

and

lessee and any person having a security interest in the vehicle.

2. Unless an extension of time is granted by the Department,

the long-term lessor shall submit the original of the long-term

lessor’s report of lease to the Department within 30 days after the

execution of the long-term lessor’s report of lease, together with

the properly endorsed certificate of title [or certificate of ownership]

previously issued for the vehicle.

3. Upon entering into a lease for a used or rebuilt vehicle, the

seller shall affix a temporary placard to the rear of the vehicle. Only

one temporary placard may be issued for the vehicle. The temporary

placard must:

(a) Be in a form prescribed by the Department;

(b) Be made of a material appropriate for use on the exterior of a

vehicle;

rear of the vehicle; and

(d) Include the date of its expiration.

4. Compliance with the requirements of subsection 3 permits

the vehicle to be operated for a period not to exceed 30 days after

the execution of the lease. Upon issuance of the certificate of

registration and license plates for the vehicle or the expiration of the

temporary placard, whichever occurs first, the long-term lessee shall

remove the temporary placard from the rear of the vehicle.

5. [For the purposes of establishing] To establish compliance

with the period required by subsection 2, the Department shall use

the date imprinted or otherwise indicated on the long-term lessor’s

report of lease as the beginning date of the 30-day period.

6. Upon executing all documents necessary to complete the

lease of the vehicle, the long-term lessor shall execute the long-term

lessor’s report of lease and furnish a copy of the report to the long-

term lessee not less than 10 days before the expiration of the

temporary placard.

Sec. 21. NRS 482.426 is hereby amended to read as follows:

482.426 When a used or rebuilt vehicle is sold in this state by a

person who is not a dealer or rebuilder, the seller or buyer or both of

them shall, within 10 days after the sale, submit to the Department:

1. If a certificate of [ownership] title has been issued in this

state, the certificate properly endorsed.

2. If a certificate of title or other document of title has been

issued by a public authority of another state, territory or country:

(a) The certificate or document properly endorsed; and

(b) A statement containing, if not included in the endorsed

certificate or document, the description of the vehicle, including

whether it is a rebuilt vehicle, the names and addresses of the buyer

and seller, and the name and address of any person who takes or

retains a purchase money security interest. Any such statement must

be signed and acknowledged by the seller and the buyer.

3. If no document of title has been issued by any public

authority, a statement containing all the information and signed and

acknowledged in the manner required by paragraph (b) of

subsection 2.

Sec. 22. NRS 482.427 is hereby amended to read as follows:

482.427 1. Upon receipt of the documents required

respectively by NRS 482.423, 482.424 and 482.426 to be submitted

to it, and the payment of all required fees, the Department shall

issue a certificate of [ownership.] title.

2. If no security interest is created or exists in connection with

the sale, the certificate of [ownership] title must be issued to the

buyer.

3. If a security interest is created by the sale, the certificate of

[ownership] title must be issued to the secured party or to his

assignee.

Sec. 23. NRS 482.428 is hereby amended to read as follows:

482.428 1. Whenever a security interest is created in a motor

vehicle, other than a security interest required to be entered pursuant

to NRS 482.423, 482.424 or 482.426, the certificate of [ownership]

title of the vehicle [shall] must be delivered to the Department with

a statement signed by the debtor showing the date of the security

agreement, the name and address of the debtor and the name and

address of the secured party.

2. The Department shall issue and deliver to the secured party a

certificate of [ownership] title with the name and address of the

secured party noted thereon.

Sec. 24. NRS 482.431 is hereby amended to read as follows:

482.431 Within 15 days after the terms of the contract or

security agreement have been fully performed, the seller or other

secured party who holds a certificate of [ownership] title shall

deliver the certificate of [ownership] title to the person or persons

legally entitled thereto, with proper evidence of the termination or

release of the security interest.

Sec. 25. NRS 482.436 is hereby amended to read as follows:

482.436 Any person is guilty of a gross misdemeanor who

knowingly:

1. Makes any false entry on any certificate of origin or

certificate of [ownership;] title;

2. Furnishes false information to the Department concerning

any security interest; or

3. Fails to submit the original of the dealer’s or rebuilder’s

report of sale of a used or rebuilt vehicle to the Department within

the time prescribed in subsection 3 of NRS 482.424.

Sec. 26. NRS 482.438 is hereby amended to read as follows:

482.438 1. It is unlawful for a dealer or any other person,

with the intent to defraud, to obtain a duplicate certificate of

[ownership] title for any vehicle in which he grants a security

interest to secure a present or future debt, obligation or liability of

any nature arising from a loan or other extension of credit made in

connection with the financing of the inventory of the vehicles of the

dealer, or to engage in any other similar practice commonly known

as “flooring.”

2. A person who violates the provisions of subsection 1 shall

be punished in accordance with the provisions of NRS 205.380.

3. In addition to any penalty imposed pursuant to subsection 2,

the court shall order the person to pay restitution.

Sec. 27. NRS 482.441 is hereby amended to read as follows:

482.441 The Department may identify trimobiles as such on

certificates of [ownership] title and registration.

Sec. 28. NRS 482.465 is hereby amended to read as follows:

482.465 1. The Department shall rescind and cancel the

registration of a vehicle whenever the person to whom the certificate

of registration or license plates therefor have been issued makes or

permits to be made any unlawful use of the certificate or plates or

permits the use thereof by a person not entitled thereto.

2. The Department shall cancel a certificate of [ownership] title

or certificate of registration and license plates which have been

issued erroneously or improperly, or obtained illegally.

3. In addition to any other penalty set forth in this chapter and

chapters 366 and 706 of NRS, the Department may revoke a

certificate of [ownership] title or a certificate of registration and

license plates for a vehicle with a declared gross weight in excess of

26,000 pounds if the Department determines that:

(a) The licensee of the vehicle has violated one or more of the

provisions of this chapter or chapter 366 or 706 of NRS; and

(b) There is reasonable cause for the revocation.

4. Before revoking a certificate of [ownership] title or a

certificate of registration and license plates pursuant to subsection 3,

the Department must send a written notice by certified mail to the

licensee at his last known address ordering him to appear before

the Department at a time not less than 10 days after the mailing of

the notice to show cause why the certificate of [ownership] title

or the certificate of registration and license plates should not be

revoked pursuant to this section.

5. Upon rescission, revocation or cancelation of the certificate

of [ownership] title or of the certificate of registration and license

plates, the affected certificate or certificate and plates must be

returned to the Department upon receipt of notice of rescission,

revocation or cancelation.

Sec. 29. NRS 482.470 is hereby amended to read as follows:

482.470 1. If any vehicle is dismantled, junked or rendered

inoperative and unfit for further use in accordance with the original

purpose for which it was constructed, the owner shall deliver to the

Department any certificate of registration and certificate of

[ownership] title issued by the Department or any other jurisdiction,

unless the certificate of [ownership] title is required for the

collection of any insurance or other indemnity for the loss of the

vehicle, or for transfer in order to dispose of the vehicle.

2. Any other person taking possession of a vehicle described in

subsection 1 shall immediately deliver to the Department any

license plate or plates, certificate of registration or certificate of

[ownership] title issued by the Department or any other jurisdiction,

if he has acquired possession of any of these and unless the

certificate of [ownership] title is required for a further transfer in the

ultimate disposition of the vehicle.

3. The Department may issue a salvage title as provided in

chapter 487 of NRS. The Department shall not charge a fee for the

issuance of the salvage title.

4. The Department shall destroy any plate or plates, certificate

of registration or certificate of [ownership] title that is returned in a

manner described in subsections 1 and 2. The Department shall not

issue a certificate of registration or certificate of [ownership] title

for a vehicle with the same identification number as the dismantled,

junked or inoperative vehicle if the vehicle was manufactured

in the 5 years preceding the date on which it was dismantled,

junked or otherwise rendered inoperative, unless the Department

authorizes the restoration of the vehicle pursuant to subsection 2 of

NRS 482.553.

Sec. 30. NRS 482.545 is hereby amended to read as follows:

482.545 It is unlawful for any person to commit any of the

following acts:

1. To operate, or for the owner thereof knowingly to permit the

operation of, upon a highway any motor vehicle, trailer or

semitrailer which is not registered or which does not have attached

thereto and displayed thereon the number of plate or plates assigned

thereto by the Department for the current period of registration or

calendar year, subject to the exemption allowed in NRS 482.316 to

482.3175, inclusive, 482.320 to 482.363, inclusive, 482.385 to

482.3965, inclusive, and 482.420.

2. To display, cause or permit to be displayed or to have in

possession any certificate of registration, license plate, certificate of

[ownership] title or other document of title knowing it to be

fictitious or to have been canceled, revoked, suspended or altered.

3. To lend to or knowingly permit the use of by one not entitled

thereto any registration card or plate issued to the person so lending

or permitting the use thereof.

4. To fail or to refuse to surrender to the Department, upon

demand, any registration card or plate which has been suspended,

canceled or revoked as provided in this chapter.

5. To use a false or fictitious name or address in any

application for the registration of any vehicle or for any renewal or

duplicate thereof, or knowingly to make a false statement or

knowingly to conceal a material fact or otherwise commit a fraud in

an application. A violation of this subsection is a gross

misdemeanor.

6. Knowingly to operate a vehicle which:

(a) Has an altered identification number or mark; or

(b) Contains a part which has an altered identification number or

mark.

Sec. 31. NRS 482.555 is hereby amended to read as follows:

482.555 In addition to any other penalty provided by this

chapter:

1. It is a gross misdemeanor for any person knowingly to

falsify:

(a) A dealer’s or rebuilder’s report of sale, as described in NRS

482.423 and 482.424; or

(b) An application or document to obtain any:

(1) License;

(2) Permit; or

(3) Certificate of [ownership,] title,

issued under the provisions of this chapter.

2. It is a misdemeanor for any person to violate any of the

provisions of this chapter unless such violation is by this section or

other provision of this chapter or other law of this state declared to

be a gross misdemeanor or a felony.

Sec. 32. NRS 483.290 is hereby amended to read as follows:

483.290 1. Every application for an instruction permit or for

a driver’s license must:

(a) Be made upon a form furnished by the Department.

(b) Be verified by the applicant before a person authorized to

administer oaths. Officers and employees of the Department may

administer those oaths without charge.

(d) State the [full] name, date of birth, sex and residence address

of the applicant and briefly describe the applicant.

(e) State whether the applicant has theretofore been licensed as a

driver, and, if so, when and by what state or country, and whether

any such license has ever been suspended or revoked, or whether an

application has ever been refused, and, if so, the date of and reason

for the suspension, revocation or refusal.

(f) Include such other information as the Department may

require to determine the competency and eligibility of the applicant.

2. Every applicant must furnish proof of his age by displaying:

(a) If the applicant was born in the United States, a birth

certificate issued by a state or the District of Columbia or other

proof of the date of birth of the applicant, including, but not limited

to, a driver’s license issued by another state or the District of

Columbia, or a baptismal certificate and other proof that is

determined to be necessary and is acceptable to the Department; or

(b) If the applicant was born outside the United States, a

Certificate of Citizenship, Certificate of Naturalization, Arrival-

Departure Record, Alien Registration Receipt Card, United States

Citizen Identification Card or Letter of Authorization issued by the

Immigration and Naturalization Service of the United States

Department of Justice or a Report of Birth Abroad of a Citizen of

the United States [Citizen Child] issued by the Department of State,

a driver’s license issued by another state or the District of Columbia

or other proof acceptable to the Department other than a passport

issued by a foreign government.

3. At the time of applying for a driver’s license, an applicant

may, if eligible, register to vote pursuant to NRS 293.524.

4. Every applicant who has been assigned a social security

number must furnish proof of his social security number by

displaying:

(a) An original card issued to the applicant by the Social

Security Administration bearing the social security number of the

applicant; or

(b) Other proof acceptable to the Department, including, but not

limited to, records of employment or federal income tax returns.

Sec. 33. NRS 483.340 is hereby amended to read as follows:

483.340 1. The Department shall, upon payment of the

required fee, issue to every qualified applicant a driver’s license

indicating the type or class of vehicles the licensee may drive. The

license must bear a unique number assigned to the licensee pursuant

to NRS 483.345, the licensee’s social security number, if he has one,

unless he requests that it not appear on the license, the [full] name,

date of birth, mailing address and a brief description of the licensee,

and a space upon which the licensee shall write his usual signature

in ink immediately upon receipt of the license. A license is not valid

until it has been so signed by the licensee.

2. The Department may issue a driver’s license for purposes of

identification only for use by officers of local police and sheriffs’

departments, agents of the Investigation Division of the Department

of Public Safety while engaged in special undercover investigations

relating to narcotics or prostitution or for other undercover

investigations requiring the establishment of a fictitious identity,

federal agents while engaged in undercover investigations,

investigators employed by the Attorney General while engaged in

undercover investigations and agents of the State Gaming Control

Board while engaged in investigations pursuant to NRS 463.140. An

application for such a license must be made through the head of the

police or sheriff’s department, the Chief of the Investigation

Division of the Department of Public Safety, the director of the

appropriate federal agency, the Attorney General or the Chairman of

the State Gaming Control Board. Such a license is exempt from the

fees required by NRS 483.410. The Department, by regulation, shall

provide for the cancelation of any such driver’s license upon the

completion of the special investigation for which it was issued.

3. Information pertaining to the issuance of a driver’s license

pursuant to subsection 2 is confidential.

4. It is unlawful for any person to use a driver’s license issued

pursuant to subsection 2 for any purpose other than the special

investigation for which it was issued.

5. At the time of the issuance or renewal of the driver’s license,

the Department shall:

(a) Give the holder the opportunity to indicate on his driver’s

license that he wishes to be a donor of all or part of his body

pursuant to NRS 451.500 to 451.590, inclusive, or that he refuses to

make an anatomical gift of his body or part of his body;

(b) Give the holder the opportunity to indicate whether he

wishes to donate $1 or more to the Anatomical Gift Account created

by NRS 460.150; and

information relating to anatomical gifts, including the procedure for

registration as a donor with The Living Bank International or its

successor organization.

6. If the holder wishes to make a donation to the Anatomical

Gift Account, the Department shall collect the donation and deposit

the money collected in the State Treasury for credit to the

Anatomical Gift Account.

7. The Department shall submit to The Living Bank

International, or its successor organization, information from the

records of the Department relating to persons who have drivers’

licenses that indicate the intention of those persons to make an

anatomical gift. The Department shall adopt regulations to carry out

the provisions of this subsection.

Sec. 34. NRS 483.850 is hereby amended to read as follows:

483.850 1. Every application for an identification card must

be made upon a form provided by the Department and include:

(a) The applicant’s [full] name.

(b) His social security number, if any.

(d) His state of legal residence.

(e) His current address in this state, unless the applicant is on

active duty in the military service of the United States.

(f) A statement from:

(1) A resident stating that he does not hold a valid driver’s

license or identification card from any state or jurisdiction; or

(2) A seasonal resident stating that he does not hold a valid

Nevada driver’s license.

2. When the form is completed, the applicant must sign the

form and verify the contents before a person authorized to

administer oaths.

3. At the time of applying for an identification card, an

applicant may, if eligible, register to vote pursuant to NRS 293.524.

4. A person who possesses a driver’s license or identification

card issued by another state or jurisdiction who wishes to apply for

an identification card pursuant to this section shall surrender to the

Department the driver’s license or identification card issued by the

other state or jurisdiction at the time he applies for an identification

card pursuant to this section.

Sec. 35. NRS 486.081 is hereby amended to read as follows:

486.081 1. Every application for a motorcycle driver’s

license must be made upon a form furnished by the Department and

must be verified by the applicant before a person authorized to

administer oaths. Officers and employees of the Department may

administer those oaths without charge.

2. Every application must:

(a) State the [full] name, date of birth, sex and residence address

of the applicant;

(b) Briefly describe the applicant;

driver, and, if so, when and by what state or country;

(d) State whether any such license has ever been suspended or

revoked, or whether an application has ever been refused, and, if so,

the date of and reason for such suspension, revocation or refusal;

and

(e) Give such other information as the Department requires to

determine the competency and eligibility of the applicant.

3. Every applicant shall furnish proof of his age by displaying:

(a) If he was born in the United States, a certified state-issued

birth certificate, baptismal certificate, driver’s license issued by

another state or the District of Columbia or other proof acceptable to

the Department; or

(b) If he was born outside the United States, a:

(1) Certificate of Citizenship, Certificate of Naturalization,

Arrival-Departure Record, Alien Registration Receipt Card, United

States Citizen Identification Card or Letter of Authorization issued

by the Immigration and Naturalization Service of the Department of

Justice;

(2) Report of Birth Abroad of a Citizen of the United States

[Citizen Child] issued by the Department of State;

(3) Driver’s license issued by another state or the District of

Columbia; or

(4) Passport issued by the United States Government.

Sec. 36. NRS 487.100 is hereby amended to read as follows:

487.100 1. Except as otherwise provided in subsection 2, any

automobile wrecker purchasing from any person other than a

licensed operator of a salvage pool[,] any vehicle subject to

registration pursuant to the laws of this state shall forward to the

Department the certificates of [ownership] title and registration last

issued therefor.

2. The certificate of ownership last issued for a mobile home or

commercial coach must be sent by the wrecker to the Manufactured

Housing Division.

3. The state agency may issue to the licensee a salvage title

containing a brief description of the vehicle, including, insofar as

data may exist with respect to the vehicle, the make, type, serial

number and motor number, or any other number of the vehicle. The

state agency shall not charge a fee for the issuance of the salvage

title.

Sec. 37. NRS 487.110 is hereby amended to read as follows:

487.110 1. Except as otherwise provided in subsection 2,

whenever a vehicle subject to registration is sold as salvage:

(a) As a result of a total loss insurance settlement, the insurance

company or its authorized agent shall forward the endorsed

[ownership] certificate of title or other evidence of title to the state

agency within 30 days after receipt thereof; or

(b) Because the owner determines that the vehicle is a total loss

vehicle,

the owner shall forward the [ownership] certificate of title or other

evidence of title to the state agency within 120 days after the vehicle

is damaged.

2. The insurance company or its authorized agent may sell a

vehicle for which a total loss settlement has been made with the

properly endorsed [ownership] certificate of title or other evidence

of title if the total loss settlement resulted from the theft of the

vehicle and the vehicle, when recovered, was not damaged to

the extent that it was required to be rebuilt. An owner who has

determined that a vehicle is a total loss vehicle may sell the vehicle

with the properly endorsed [ownership] certificate of title or other

evidence of title to a salvage pool, automobile auction, rebuilder,

automobile wrecker or a new or used motor vehicle dealer.

3. Upon the sale of the salvage vehicle, the insurance company,

salvage pool, automobile auction, leasing company or financial

institution which sells the salvage vehicle shall issue a bill of sale of

salvage to the purchaser on a form to be prescribed and supplied by

the state agency. The state agency shall accept the bill of sale of

salvage in lieu of the [ownership] certificate of title or other

evidence of title when accompanied by an appropriate application or