Assembly Bill No. 325–Assemblymen Buckley, Conklin, Koivisto, Parks, Leslie, Anderson, Arberry, Atkinson, Claborn, Collins, Giunchigliani, Grady, Horne, Mabey, Manendo, McClain, Perkins, Pierce, Sherer, Weber and Williams

 

March 14, 2003

____________

 

Referred to Committee on Transportation

 

SUMMARY—Makes various changes relating to motor vehicles that have sustained certain damages. (BDR 43‑222)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to motor vehicles; imposing certain restrictions and requirements upon the transfer and titling of vehicles that have sustained certain damages; requiring certain notices and disclosures regarding such vehicles; imposing civil liability and providing criminal penalties for certain violations relating thereto; revising certain provisions governing the registration or licensure of garagemen and body shops; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 482.470 is hereby amended to read as follows:

1-2  482.470  1.  If any vehicle is dismantled, junked or rendered

1-3  inoperative and unfit for further use in accordance with the original

1-4  purpose for which it was constructed, the owner shall deliver to the

1-5  Department any certificate of registration and certificate of

1-6  ownership issued by the Department or any other jurisdiction, unless

1-7  the certificate of ownership is required for the collection of any

1-8  insurance or other indemnity for the loss of the vehicle, or for

1-9  transfer in order to dispose of the vehicle.

2-1  2.  Any other person taking possession of a vehicle described in

2-2  subsection 1 shall immediately deliver to the Department any

2-3  license plate or plates, certificate of registration or certificate of

2-4  ownership issued by the Department or any other jurisdiction, if he

2-5  has acquired possession of any of these and unless the certificate of

2-6  ownership is required for a further transfer in the ultimate

2-7  disposition of the vehicle.

2-8  3.  The Department may issue a salvage title as provided in

2-9  chapter 487 of NRS. [The Department shall not charge a fee for the

2-10  issuance of the salvage title.]

2-11      4.  The Department shall destroy any plate or plates, certificate

2-12  of registration or certificate of ownership that is returned in a

2-13  manner described in subsections 1 and 2. [The Department shall not

2-14  issue a certificate of registration or certificate of ownership for a

2-15  vehicle with the same identification number as the dismantled,

2-16  junked or inoperative vehicle if the vehicle was manufactured in the

2-17  5 years preceding the date on which it was dismantled, junked or

2-18  otherwise rendered inoperative, unless the Department authorizes

2-19  the restoration of the vehicle pursuant to subsection 2 of

2-20  NRS 482.553.]

2-21      Sec. 2.  Chapter 487 of NRS is hereby amended by adding

2-22  thereto the provisions set forth as sections 3 to 19, inclusive, of this

2-23  act.

2-24      Sec. 3.  As used in NRS 487.045, 487.110, 487.120, 487.150

2-25  and 487.185 and sections 3 to 16, inclusive, of this act, the words

2-26  and terms defined in NRS 487.045 and sections 4 to 10, inclusive,

2-27  of this act have the meanings ascribed to them in those sections.

2-28      Sec. 4.  “Cost of repair” means the cost to repair a vehicle,

2-29  which is established pursuant to section 15 of this act.

2-30      Sec. 5.  “Fair market value” means the retail value of a

2-31  motor vehicle that is the highest of the values established by:

2-32      1.  An objective motor vehicle appraisal based upon local

2-33  market resources, including, without limitation, automobile

2-34  dealers and classified advertisements of newspapers.

2-35      2.  An independent appraisal service.

2-36      3.  A current issue of a nationally recognized guide used by

2-37  financial institutions in this state for the valuation of used motor

2-38  vehicles.

2-39      Sec. 6.  “Flood-damaged vehicle” means a motor vehicle

2-40  which:

2-41      1.  Has been submerged in water to a point that the level of

2-42  the water is higher than the door sill of the vehicle and the water

2-43  has entered the passenger, trunk or engine compartment of the

2-44  vehicle and has come into contact with the electrical system of the

2-45  vehicle; and

3-1  2.  Has been acquired by an insurance company or retained

3-2  by its owner or any other person as part of a loss settlement

3-3  resulting from water damage.

3-4  Sec. 7.  “Motor vehicle” has the meaning ascribed to it in

3-5  NRS 482.075.

3-6  Sec. 8.  “Nonrepairable vehicle” means a motor vehicle other

3-7  than an abandoned vehicle, as defined in NRS 487.210, that:

3-8  1.  Has value only as a source of parts or scrap metal;

3-9  2.  Has been designated by its owner for dismantling as a

3-10  source of parts or scrap metal;

3-11      3.  Has been stripped of all body panels, doors, hatches,

3-12  substantially all interior components and substantially all grill and

3-13  light assemblies; or

3-14      4.  Has been burned, destroyed or otherwise damaged to such

3-15  an extent that it cannot be returned to a condition which is legal

3-16  for operation on the highways of this state.

3-17      Sec. 9.  “Salvage vehicle” means a motor vehicle that at any

3-18  time has been declared a total loss vehicle, flood-damaged vehicle,

3-19  nonrepairable vehicle or had “salvage” or a similar word or

3-20  designation placed on any title issued for the vehicle.

3-21      Sec. 10.  “Title” means a certificate of ownership or any

3-22  other document issued by any state or country indicating the

3-23  ownership of a motor vehicle.

3-24      Sec. 11.  1.  Any person who transfers an interest in a motor

3-25  vehicle in this state shall, before the transfer, disclose in writing to

3-26  the transferee any information that the transferor knows

3-27  concerning whether the vehicle is a salvage vehicle.

3-28      2.  If the transferor is subject to any of the provisions of NRS

3-29  482.423 to 482.4245, inclusive, the transferor shall:

3-30      (a) Make the disclosure required by subsection 1 before

3-31  finalizing a contract of sale or a long-term lease;

3-32      (b) Provide a copy of the disclosure to the transferee; and

3-33      (c) Retain the written disclosure in his records for the period

3-34  specified in NRS 482.3263.

3-35      3.  A person who violates subsection 1 is guilty of obtaining

3-36  property by false pretenses as provided in NRS 205.380.

3-37      Sec. 12.  1.  A person shall not remove, cause to be removed

3-38  or conceal a marking on a salvage title or other title which

3-39  indicates that the vehicle is a salvage vehicle.

3-40      2.  A person who violates subsection 1 with the intent to

3-41  defraud:

3-42      (a) If the fair market value of the vehicle involved is $250 or

3-43  more, is guilty of a category D felony and shall be punished as

3-44  provided in NRS 193.130.

4-1  (b) If the fair market value of the vehicle involved is less than

4-2  $250, is guilty of a misdemeanor.

4-3  In addition to any other penalty, the court shall order the person

4-4  to pay restitution to the victim.

4-5  Sec. 13.  1.  A person who, with the intent to defraud,

4-6  violates any provision of section 11 or 12 of this act is liable to any

4-7  purchaser or lessee of a motor vehicle who is harmed by that

4-8  violation for:

4-9  (a) Three times the amount of actual damages sustained by the

4-10  purchaser or lessee;

4-11      (b) Five thousand dollars; or

4-12      (c) Actual damages sustained by the purchaser or lessee and

4-13  such punitive damages as are determined by the court,

4-14  whichever is greater.

4-15      2.  If an action brought pursuant to subsection 1 is successful,

4-16  the purchaser or lessee who brought the action is entitled to the

4-17  costs of bringing the action and reasonable attorney’s fees, as

4-18  determined by the court.

4-19      3.  The remedy provided in this section is in addition to and is

4-20  not a substitute for any other legal or equitable remedy available

4-21  to a purchaser or lessee of a motor vehicle who is harmed by a

4-22  violation of section 11 or 12 of this act.

4-23      Sec. 14.  A nonrepairable vehicle:

4-24      1.  Must be processed as parts or scrap metal by a licensed

4-25  automobile wrecker, dismantler or recycler.

4-26      2.  May not be rebuilt, reconstructed or restored for operation

4-27  on the highways of this state.

4-28      3.  Must be issued a certificate by the state agency which

4-29  indicates that it is a nonrepairable vehicle before any ownership

4-30  interest in the vehicle may be transferred.

4-31      Sec. 15.  An estimate of the cost of repair for a motor vehicle

4-32  pursuant to NRS 487.110:

4-33      1.  Must be calculated using the cost of the parts and labor

4-34  required to restore the vehicle to the condition it was in

4-35  immediately before it was wrecked, destroyed or otherwise

4-36  damaged. The cost of parts and labor must be based on:

4-37      (a) The current published retail price of original manufacturer

4-38  equipment, or the actual cost of used parts if new parts are not

4-39  available.

4-40      (b) Rates for labor which are commonly charged in the

4-41  community in which the repairs will be performed.

4-42      2.  May not include any cost associated with painting any

4-43  portion of the vehicle.

4-44      Sec. 16.  1.  The state agency may issue a salvage title for a

4-45  vehicle, which contains a brief description of the vehicle,

5-1  including, insofar as data may exist with respect to the vehicle, the

5-2  make, type, serial number and motor number, or any other

5-3  number of the vehicle, upon application, to:

5-4  (a) A licensed automobile wrecker;

5-5  (b) A licensed operator of a salvage pool;

5-6  (c) A dealer of new or used motor vehicles who is licensed in

5-7  another state or foreign country and is registered with a salvage

5-8  pool;

5-9  (d) An automobile wrecker or dismantler who is licensed in

5-10  another state or foreign country and is registered with a salvage

5-11  pool;

5-12      (e) A person who determines that his motor vehicle is a salvage

5-13  vehicle pursuant to NRS 487.110; or

5-14      (f) A tow car operator who is subject to the jurisdiction of the

5-15  Transportation Services Authority.

5-16      2.  A properly endorsed title, together with a secured power of

5-17  attorney and a reading of the vehicle’s odometer, must be

5-18  submitted with the application for salvage title.

5-19      3.  Upon receipt of all necessary documents, the state agency

5-20  shall issue a salvage title for the vehicle.

5-21      4.  Except as otherwise provided in this subsection, the state

5-22  agency shall charge and collect a fee of $10 for the issuance of a

5-23  salvage title pursuant to this section. The state agency shall not

5-24  charge a fee for the issuance of a salvage title to an automobile

5-25  wrecker licensed in this state. Fees collected by the state agency

5-26  pursuant to this subsection must be deposited with the State

5-27  Treasurer for credit to the Account for Regulation of Salvage

5-28  Pools, Automobile Wreckers, Body Shops and Garages created by

5-29  NRS 487.450.

5-30      5.  Ownership interest in a salvage vehicle may not be

5-31  transferred unless a salvage title has been issued by the state

5-32  agency for the vehicle.

5-33      6.  Possession of a salvage title does not entitle a person to

5-34  dismantle, scrap, process or wreck any vehicle in this state unless

5-35  the person holds a license issued pursuant to NRS 487.050.

5-36      Sec. 17.  1.  The Department may refuse to issue a license

5-37  or, after notice and hearing, may suspend, revoke or refuse to

5-38  renew a license to operate a garage upon any of the following

5-39  grounds:

5-40      (a) Failure of the applicant or garageman to have or maintain

5-41  an established place of business in this state.

5-42      (b) Conviction of the applicant, garageman or an employee of

5-43  the applicant or garageman of a felony, misdemeanor or gross

5-44  misdemeanor for a violation of a provision of this chapter.

6-1  (c) Any material misstatement in the application for the

6-2  license.

6-3  (d) Willful failure of the applicant or garageman to comply

6-4  with the motor vehicle laws of this state and NRS 487.035 or

6-5  597.480 to 597.590, inclusive.

6-6  (e) Failure or refusal by the applicant or garageman to pay or

6-7  otherwise discharge any final judgment against him arising out of

6-8  the operation of the garage.

6-9  (f) Failure or refusal to provide to the Department an

6-10  authorization for the disclosure of financial records for the

6-11  business as required pursuant to subsection 2.

6-12      (g) A finding of guilt by a court of competent jurisdiction, in a

6-13  case involving a fraudulent inspection, purchase, sale or transfer

6-14  of a salvage vehicle by the applicant or garageman or an employee

6-15  of the applicant or garageman.

6-16      (h) An improper, careless or negligent inspection of a salvage

6-17  vehicle pursuant to NRS 487.110 by the applicant or garageman

6-18  or an employee of the applicant or garageman.

6-19      (i) A false statement of a material fact in a certification of a

6-20  salvage vehicle required pursuant to NRS 487.110 or a record

6-21  regarding a salvage vehicle by the applicant or garageman or an

6-22  employee of the applicant or garageman.

6-23      2.  Upon the receipt of any report or complaint alleging that

6-24  an applicant or a garageman has engaged in financial misconduct

6-25  or has failed to satisfy financial obligations related to the

6-26  operation of a garage, the Department may require the applicant

6-27  or garageman to submit to the Department an authorization for

6-28  the disclosure of financial records for the business as provided in

6-29  NRS 239A.090. The Department may use any information

6-30  obtained pursuant to such an authorization only to determine the

6-31  suitability of the applicant or garageman for initial or continued

6-32  licensure. Information obtained pursuant to such an authorization

6-33  may be disclosed only to those employees of the Department who

6-34  are authorized to issue a certificate of registration to an applicant

6-35  pursuant to NRS 487.560 to 487.565, inclusive, or to determine the

6-36  suitability of an applicant or a garageman for such certification.

6-37      3.  As used in this section, “salvage vehicle” has the meaning

6-38  ascribed to it in section 9 of this act.

6-39      Sec. 18.  If the Director finds that the action is necessary in

6-40  the public interest, the Director may, upon notice to the

6-41  garageman, temporarily suspend or refuse to renew the certificate

6-42  of registration to operate a garage for not more than 30 days. The

6-43  Department shall conduct a hearing and issue a final decision on

6-44  the matter within 30 days after it sends notice to the garageman of

6-45  the temporary suspension.

7-1  Sec. 19.  In any hearing conducted by the Department

7-2  concerning the registration of a garage, the Director may issue

7-3  subpoenas for the attendance of witnesses and the production of

7-4  evidence.

7-5  Sec. 20.  NRS 487.045 is hereby amended to read as follows:

7-6  487.045  [As used in NRS 487.045 to 487.200, inclusive, “total]

7-7  “Total loss vehicle” means a motor vehicle:

7-8  1.  Of a type which is subject to registration; and

7-9  2.  Which has been wrecked, destroyed or otherwise damaged

7-10  to such an extent that the [owner, leasing company, financial

7-11  institution or the insurance company that insured the vehicle

7-12  considers it uneconomical to repair the vehicle; and

7-13      3.  Because of that wreckage, destruction or other damage,

7-14  which is not repaired by or for the person who owned the vehicle at

7-15  the time of the event resulting in the damage.] cost of repair is 75

7-16  percent or more of the fair market value of the vehicle immediately

7-17  before it was wrecked, destroyed or otherwise damaged.

7-18  The term does not include a nonrepairable vehicle or other motor

7-19  vehicle which is 10 years old or older and which requires only the

7-20  replacement of the hood, trunk lid, grill assembly or two or fewer

7-21  quarter panels, doors, bumper assemblies, headlight assemblies,

7-22  taillight assemblies, or any combination thereof, to restore the

7-23  vehicle to its condition before it was wrecked, destroyed or

7-24  otherwise damaged.

7-25      Sec. 21.  NRS 487.060 is hereby amended to read as follows:

7-26      487.060  1.  No license may be issued to an automobile

7-27  wrecker until he has procured and filed with the Department a good

7-28  and sufficient bond in the amount of $50,000, with a corporate

7-29  surety thereon licensed to do business in the State of Nevada,

7-30  approved as to form by the Attorney General, and conditioned that

7-31  the applicant conducts his business as a wrecker without fraud or

7-32  fraudulent representation, and without violation of the provisions of

7-33  NRS 487.045 [to 487.200, inclusive.] , 487.110, 487.120, 487.150

7-34  and 487.185 and sections 3 to 16, inclusive, of this act and NRS

7-35  487.050 to 487.100, inclusive, and 487.160, 487.170, 487.180,

7-36  487.190 and 487.200. The Department may, by agreement with any

7-37  automobile wrecker who has been licensed for 5 years or more by

7-38  the Department or a department of motor vehicles in another state,

7-39  reduce the amount of the bond of the wrecker, if the business of that

7-40  wrecker has been conducted satisfactorily for the preceding 5 years,

7-41  but no bond may be in an amount less than $5,000. The Department

7-42  shall make the necessary investigation to determine whether a

7-43  wrecker licensed in another state has conducted its business

7-44  satisfactorily.

8-1  2.  The bond may be continuous in form and the total aggregate

8-2  liability on the bond must be limited to the payment of the total

8-3  amount of the bond.

8-4  3.  The bond must provide that any person injured by the action

8-5  of the automobile wrecker in violation of any of the provisions of

8-6  NRS 487.045 [to 487.160, inclusive,] , 487.110, 487.120, 487.150

8-7  and 487.185 and sections 3 to 16, inclusive, of this act and NRS

8-8  487.050 to 487.100, inclusive, and 487.160, 487.170, 487.180,

8-9  487.190 and 487.200 may apply to the Director for compensation

8-10  from the bond. The Director, for good cause shown and after notice

8-11  and opportunity for hearing, may determine the amount of

8-12  compensation and the person to whom it is to be paid. The surety

8-13  shall then make the payment.

8-14      4.  In lieu of a bond an automobile wrecker may deposit with

8-15  the Department, under the terms prescribed by the Department:

8-16      (a) A like amount of money or bonds of the United States or of

8-17  the State of Nevada of an actual market value of not less than the

8-18  amount fixed by the Department; or

8-19      (b) A savings certificate of a bank, credit union or savings and

8-20  loan association situated in Nevada, which must indicate an account

8-21  of an amount equal to the amount of the bond which would

8-22  otherwise be required by this section and that this amount is

8-23  unavailable for withdrawal except upon order of the Department.

8-24  Interest earned on the certificate accrues to the account of the

8-25  applicant.

8-26      5.  A deposit made pursuant to subsection 4 may be disbursed

8-27  by the Director, for good cause shown and after notice and

8-28  opportunity for hearing, in an amount determined by him to

8-29  compensate a person injured by an action of the licensee, or released

8-30  upon receipt of:

8-31      (a) A court order requiring the Director to release all or a

8-32  specified portion of the deposit; or

8-33      (b) A statement signed by the person in whose name the deposit

8-34  is made and acknowledged before any person authorized to take

8-35  acknowledgments in this state, requesting the Director to release the

8-36  deposit, or a specified portion thereof, and stating the purpose for

8-37  which the release is requested.

8-38      6.  When a deposit is made pursuant to subsection 4, liability

8-39  under the deposit is in the amount prescribed by the Department. If

8-40  the amount of the deposit is reduced or there is an outstanding

8-41  judgment for which the licensee is liable under the deposit, the

8-42  license is automatically suspended. The license must be reinstated if

8-43  the licensee:

8-44      (a) Files an additional bond pursuant to subsection 1;

9-1  (b) Restores the deposit with the Department to the original

9-2  amount required under this section; or

9-3  (c) Satisfies the outstanding judgment for which he is liable

9-4  under the deposit.

9-5  7.  A deposit made pursuant to subsection 4 may be refunded:

9-6  (a) By order of the Director, 3 years after the date the licensee

9-7  ceases to be licensed by the Department, if the Director is satisfied

9-8  that there are no outstanding claims against the deposit; or

9-9  (b) By order of court, at any time within 3 years after the date

9-10  the licensee ceases to be licensed by the Department, upon evidence

9-11  satisfactory to the court that there are no outstanding claims against

9-12  the deposit.

9-13      8.  Any money received by the Department pursuant to

9-14  subsection 4 must be deposited with the State Treasurer for credit to

9-15  the Motor Vehicle Fund.

9-16      Sec. 22.  NRS 487.100 is hereby amended to read as follows:

9-17      487.100  1.  Except as otherwise provided in subsection 2, any

9-18  automobile wrecker purchasing from any person other than a

9-19  licensed operator of a salvage pool, any vehicle subject to

9-20  registration pursuant to the laws of this state shall forward to the

9-21  Department the certificates of ownership and registration last issued

9-22  therefor.

9-23      2.  The certificate of ownership last issued for a mobile home or

9-24  commercial coach must be sent by the wrecker to the Manufactured

9-25  Housing Division[.

9-26      3.  The state agency may issue to the licensee a salvage title

9-27  containing a brief description of the vehicle, including, insofar as

9-28  data may exist with respect to the vehicle, the make, type, serial

9-29  number and motor number, or any other number of the vehicle. The

9-30  state agency shall not charge a fee for the issuance of the salvage

9-31  title.] of the Department of Business and Industry.

9-32      Sec. 23.  NRS 487.110 is hereby amended to read as follows:

9-33      487.110  1.  [Except as otherwise provided in subsection 2,

9-34  whenever] Whenever a salvage vehicle [subject to registration] is

9-35  sold as [salvage:

9-36      (a) As] a result of a total loss [insurance settlement, the]

9-37  suffered by any person, including, without limitation, a person

9-38  who is uninsured, self insured or has coverage with an insurance

9-39  company, the owner, self-insurer or insurance company or its

9-40  authorized agent shall forward the endorsed [ownership certificate

9-41  or other evidence of] title , together with an application for a

9-42  salvage title, to the state agency within 30 days after receipt

9-43  [thereof; or

9-44      (b) Because the owner determines that the vehicle is a total loss

9-45  vehicle,

10-1  the owner shall forward the ownership certificate or other evidence

10-2  of title to the state agency within 120 days after the vehicle is

10-3  damaged.

10-4      2.  The] of the endorsed title.

10-5      2.  An insurance company or its authorized agent may sell a

10-6  vehicle for which a total loss settlement has been made with the

10-7  properly endorsed [ownership certificate or other evidence of] title if

10-8  the total loss settlement resulted from the theft of the vehicle and the

10-9  vehicle, when recovered, was not [damaged to the extent that it was

10-10  required to be rebuilt.] a salvage vehicle.

10-11     3.  An owner who has determined that a vehicle is a total loss

10-12  vehicle may sell the vehicle with the properly endorsed [ownership

10-13  certificate or other evidence of] title to a salvage pool, automobile

10-14  auction, rebuilder, automobile wrecker or a new or used motor

10-15  vehicle dealer.

10-16     [3.  Upon the sale of the salvage vehicle, the insurance

10-17  company, salvage pool, automobile auction, leasing company or

10-18  financial institution which sells the salvage vehicle shall issue a bill

10-19  of sale of salvage to the purchaser on a form to be prescribed and

10-20  supplied by the state agency. The state agency shall accept the bill

10-21  of sale of salvage in lieu of the ownership certificate or other

10-22  evidence of title when accompanied by an appropriate application or

10-23  other documents and fees.

10-24     4.  When the]

10-25     4.  Except with respect to a nonrepairable vehicle, if a salvage

10-26  vehicle is rebuilt and [to be] restored to operation, the vehicle may

10-27  not be licensed for operation , displayed or offered for sale, or the

10-28  ownership thereof transferred , until there is submitted to the state

10-29  agency with the prescribed [bill of sale of] salvage title, an

10-30  appropriate application, other documents and fees required, [and]

10-31  together with a certificate of inspection [signed by an employee of

10-32  the state agency attesting to its mechanical fitness and safety.

10-33     5.  When] completed pursuant to NRS 487.150.

10-34     5.  Except with respect to a nonrepairable vehicle, if a total

10-35  loss insurance settlement between [the] an insurance company and

10-36  [its insured] any person results in the retention of the salvage

10-37  vehicle by [the insured,] that person, the insurance company or its

10-38  authorized agent shall[, within 30 days after the date of settlement,

10-39  notify the state agency of the retention by its insured upon a form to

10-40  be supplied by the state agency.] :

10-41     (a) Obtain, upon an application for salvage title, the signature

10-42  of the person who is retaining the salvage vehicle;

10-43     (b) Append to the application for salvage title the title to the

10-44  motor vehicle or an affidavit stating that the original title has been

10-45  lost; and

11-1      (c) Apply to the state agency for a salvage title on behalf of the

11-2  person who is retaining the salvage vehicle.

11-3      6.  If the state agency determines that a salvage vehicle

11-4  retained pursuant to subsection 5 is titled in another state or

11-5  territory of the United States, the state agency shall notify the

11-6  appropriate authority of that state or territory that the owner has

11-7  retained the salvage vehicle.

11-8      7.  A person who retains a salvage vehicle pursuant to

11-9  subsection 5 may not transfer any ownership interest in the vehicle

11-10  unless he has received a salvage title.

11-11     Sec. 24.  NRS 487.120 is hereby amended to read as follows:

11-12     487.120  1.  If the applicant for a salvage title is unable to

11-13  furnish the certificates of ownership and registration last issued for

11-14  the vehicle , [or a bill of sale of salvage,] the state agency may

11-15  accept the application, examine the circumstances of the case and

11-16  require the filing of suitable affidavits or other information or

11-17  documents. If satisfied that the applicant is entitled to a salvage title,

11-18  the state agency may issue the salvage title.

11-19     2.  No duplicate certificate of ownership or registration may be

11-20  issued when a salvage title is applied for, and no fees are required

11-21  for the affidavits of any stolen, lost or damaged certificate, or

11-22  duplicates thereof, unless the vehicle is subsequently registered.

11-23     Sec. 25.  NRS 487.150 is hereby amended to read as follows:

11-24     487.150  [No]

11-25     1.  Except with respect to a nonrepairable vehicle, a vehicle

11-26  for which a salvage title has been issued may not subsequently be

11-27  registered until it has been inspected by [the Department and found]

11-28  a garageman who operates a garage that is registered pursuant to

11-29  NRS 487.560 or by the owner of a body shop licensed pursuant to

11-30  NRS 487.630 or by an employee of such a garage or body shop

11-31  and is certified to be in a safe mechanical condition and equipped

11-32  with all safety [glass.] equipment required by the manufacturer.

11-33     2.  If a garageman or owner of a body shop, or an employee

11-34  thereof, who performs an inspection pursuant to subsection 1

11-35  finds the vehicle to be in a safe mechanical condition and

11-36  equipped with all safety equipment required by the manufacturer,

11-37  the garageman, owner or employee shall complete and sign a

11-38  certificate of inspection, on a form prescribed by the state agency,

11-39  attesting to the mechanical fitness and safety of the vehicle and to

11-40  any mechanical or other work that was performed on the vehicle

11-41  at the garage or body shop. The certificate of inspection must

11-42  indicate:

11-43     (a) That the vehicle identification number and identification

11-44  numbers, if any, for parts used to repair the motor vehicle have

11-45  been inspected for accuracy;

12-1      (b) If used parts were installed in the vehicle during its repair,

12-2  that the applicant has provided proof of ownership of such parts;

12-3      (c) Each part that was installed in the motor vehicle during the

12-4  repair of the vehicle and the identification number inscribed upon

12-5  or otherwise affixed to such a part; and

12-6      (d) That the motor vehicle has been repaired to the standards

12-7  of the manufacturer and any safety equipment, including, without

12-8  limitation, any occupant restraint devices, that were present in the

12-9  vehicle at the time the vehicle was manufactured are present and

12-10  operational to the specifications of the manufacturer.

12-11     Sec. 26.  NRS 487.160 is hereby amended to read as follows:

12-12     487.160  1.  The Department, after notice and hearing, may

12-13  suspend, revoke or refuse to renew a license of an automobile

12-14  wrecker upon determining that the automobile wrecker:

12-15     (a) Is not lawfully entitled thereto;

12-16     (b) Has made, or knowingly or negligently permitted, any illegal

12-17  use of that license;

12-18     (c) Has failed to return a salvage title to the state agency when

12-19  and as required of him by NRS 487.045 [to 487.190, inclusive;] ,

12-20  487.110, 487.120, 487.150 and 487.185 and sections 3 to 16,

12-21  inclusive, of this act; or

12-22     (d) Has failed to surrender to the state agency certificates of

12-23  ownership for vehicles before beginning to dismantle or wreck the

12-24  vehicles.

12-25     2.  The applicant or licensee may, within 30 days after receipt

12-26  of the notice of refusal, suspension or revocation, petition the

12-27  Department in writing for a hearing.

12-28     3.  Hearings under this section and appeals therefrom must be

12-29  conducted in the manner prescribed in NRS 482.353 and 482.354.

12-30     4.  The Department may suspend, revoke or refuse to renew a

12-31  license of an automobile wrecker, or deny a license to an applicant

12-32  therefor, if the licensee or applicant:

12-33     (a) Does not have or maintain an established place of business in

12-34  this state.

12-35     (b) Made a material misstatement in any application.

12-36     (c) Willfully fails to comply with any applicable provision of

12-37  [NRS 487.045 to 487.190, inclusive.] this chapter.

12-38     (d) Fails to furnish and keep in force any bond required by NRS

12-39  487.050 to 487.100, inclusive, and 487.160, 487.170, 487.180,

12-40  487.190[, inclusive.] and 487.200.

12-41     (e) Fails to discharge any final judgment entered against him

12-42  when the judgment arises out of any misrepresentation of a vehicle,

12-43  trailer or semitrailer.

12-44     (f) Fails to maintain any license or bond required by a political

12-45  subdivision of this state.

13-1      (g) Has been convicted of a felony.

13-2      (h) Has been convicted of a misdemeanor or gross misdemeanor

13-3  for a violation of a provision of this chapter.

13-4      (i) Fails or refuses to provide to the Department an authorization

13-5  for the disclosure of financial records for the business as required

13-6  pursuant to subsection 7.

13-7      5.  If an application for a license as an automobile wrecker is

13-8  denied, the applicant may not submit another application for at least

13-9  6 months after the date of the denial.

13-10     6.  The Department may refuse to review a subsequent

13-11  application for licensing submitted by any person who violates any

13-12  provision of this chapter.

13-13     7.  Upon the receipt of any report or complaint alleging that an

13-14  applicant or a licensee has engaged in financial misconduct or has

13-15  failed to satisfy any financial obligation related to the business of

13-16  dismantling, scrapping, processing or wrecking of vehicles, the

13-17  Department may require the applicant or licensee to submit to the

13-18  Department an authorization for the disclosure of financial records

13-19  for the business as provided in NRS 239A.090. The Department

13-20  may use any information obtained pursuant to such an authorization

13-21  only to determine the suitability of the applicant or licensee for

13-22  initial or continued licensure. Information obtained pursuant to such

13-23  an authorization may be disclosed only to those employees of the

13-24  Department who are authorized to issue a license to an applicant

13-25  pursuant to NRS 487.050 to 487.100, inclusive, and 487.160,

13-26  487.170, 487.180, 487.190 and 487.200, [inclusive,] or to determine

13-27  the suitability of an applicant or a licensee for such licensure.

13-28     8.  For the purposes of this section, failure to adhere to the

13-29  directives of the state agency advising the licensee of his

13-30  noncompliance with any provision of NRS 487.045 , 487.110,

13-31  487.120, 487.150 and 487.185 and sections 3 to 16, inclusive, of

13-32  this act and NRS 487.050 to 487.100, inclusive, and 487.160,

13-33  487.170, 487.180, 487.190[, inclusive,] and 487.200, or regulations

13-34  of the state agency, within 10 days after the receipt of those

13-35  directives, is prima facie evidence of willful failure to comply.

13-36     Sec. 27.  NRS 487.185 is hereby amended to read as follows:

13-37     487.185  1.  A person shall not remove a total loss vehicle

13-38  from this state for the purpose of selling that vehicle unless the

13-39  [ownership certificate or other evidence of] title has been forwarded

13-40  to the state agency pursuant to [paragraph (b) of] subsection 1 of

13-41  NRS 487.110.

13-42     2.  A person who violates the provisions of this section:

13-43     (a) If the value of the vehicle removed from this state is less than

13-44  $250, is guilty of a misdemeanor.

14-1      (b) If the value of the vehicle removed from this state is $250 or

14-2  more, is guilty of a gross misdemeanor.

14-3      Sec. 28.  NRS 487.190 is hereby amended to read as follows:

14-4      487.190  The provisions of NRS 487.045 [to 487.180,

14-5  inclusive,] , 487.110, 487.120, 487.150 and 487.185 and sections 3

14-6  to 16, inclusive, of this act do not apply to work or service vehicles

14-7  owned by an automobile wrecker[.] if such a vehicle is being used

14-8  solely at the place of business of the automobile wrecker that has

14-9  been reported to the Department pursuant to NRS 487.073.

14-10     Sec. 29.  NRS 487.200 is hereby amended to read as follows:

14-11     487.200  [Unless a greater penalty is provided in NRS 487.185,

14-12  any] Any person who violates any of the provisions of NRS

14-13  [487.045 to 487.190,] 487.050 to 487.100, inclusive, and 487.160,

14-14  487.170, 487.180, 487.190 and 487.200, is guilty of a misdemeanor.

14-15     Sec. 30.  NRS 487.250 is hereby amended to read as follows:

14-16     487.250  1.  The state agency or political subdivision shall,

14-17  within 48 hours after the appraisal, notify the head of the state

14-18  agency of the removal of the vehicle. The notice must contain:

14-19     (a) A description of the vehicle.

14-20     (b) The appraised value of the vehicle.

14-21     (c) A statement as to whether the vehicle will be junked,

14-22  dismantled or otherwise disposed of.

14-23     2.  The person who removed the vehicle must notify the

14-24  registered owner and any person having a security interest in the

14-25  vehicle by registered or certified mail that the vehicle has been

14-26  removed and will be junked or dismantled or otherwise disposed of

14-27  unless the registered owner or the person having a security interest

14-28  in the vehicle responds and pays the costs of removal.

14-29     3.  Failure to reclaim within 15 days after notification a vehicle

14-30  appraised at $500 or less constitutes a waiver of interest in the

14-31  vehicle by any person having an interest in the vehicle.

14-32     4.  If all recorded interests in a vehicle appraised at $500 or less

14-33  are waived, either as provided in subsection 3 or by written

14-34  disclaimer by any person having an interest in the vehicle, the state

14-35  agency shall issue a salvage title pursuant to section 16 of this act

14-36  to the automobile wrecker who towed the vehicle or to whom the

14-37  vehicle may have been delivered, or a certificate of ownership to the

14-38  garage owner if he elects to retain the vehicle and the vehicle is

14-39  equipped as required by chapter 484 of NRS.

14-40     Sec. 31.  NRS 487.270 is hereby amended to read as follows:

14-41     487.270  1.  Whenever a vehicle has been removed to a garage

14-42  or other place as provided by NRS 487.230, the owner of the garage

14-43  or the automobile wrecker who towed the vehicle has a lien on the

14-44  vehicle for the costs of towing and storing for a period not

14-45  exceeding 90 days.

15-1      2.  If the vehicle is appraised at a value of $500 or less and is

15-2  not reclaimed within the period prescribed in NRS 487.250, the

15-3  owner of the garage or automobile wrecker may satisfy his lien by

15-4  retaining the vehicle and obtaining a certificate of ownership thereto

15-5  or a salvage title as provided in [NRS 487.250.] section 16 of this

15-6  act.

15-7      3.  If the vehicle is appraised at a value of more than $500 and

15-8  is not reclaimed within 45 days, the owner of the garage or

15-9  automobile wrecker may satisfy his lien, in accordance with the

15-10  provisions of NRS 108.265 to 108.360, inclusive.

15-11     Sec. 32.  NRS 487.450 is hereby amended to read as follows:

15-12     487.450  1.  The Department shall charge and collect a fee of

15-13  $300 for the issuance or renewal of a license to operate a salvage

15-14  pool.

15-15     2.  Fees collected by the Department pursuant to this section

15-16  must be deposited with the State Treasurer to the credit of the

15-17  Account for Regulation of Salvage Pools, Automobile Wreckers,

15-18  Body Shops and Garages which is hereby created in the State

15-19  General Fund. Money in the Account may be used only for the

15-20  administration of NRS 487.002, [487.045 to 487.200, inclusive,]

15-21  487.050 to 487.100, inclusive, and 487.160, 487.170, 487.180,

15-22  487.190 and 487.200 and 487.400 to 487.690, inclusive.

15-23     Sec. 33.  NRS 487.480 is hereby amended to read as follows:

15-24     487.480  1.  Before an operator of a salvage pool sells any

15-25  vehicle subject to registration pursuant to the laws of this state, he

15-26  must have in his possession the certificate of ownership or [a bill of

15-27  sale of salvage] title for a vehicle obtained pursuant to subsection

15-28  2 of NRS 487.110 or the salvage title for that vehicle. [He shall,

15-29  within 10 days after completion of the transaction, forward the

15-30  certificate of ownership or bill of sale of salvage to the Department.]

15-31  The Department shall not issue a certificate of registration or

15-32  certificate of ownership for a vehicle with the same identification

15-33  number if the vehicle was manufactured in the 5 years preceding the

15-34  date on which the [operator forwards the certificates to the

15-35  Department,] salvage title was issued, unless the Department

15-36  authorizes the restoration of the vehicle pursuant to subsection 2 of

15-37  NRS 482.553.

15-38     2.  Upon sale of the vehicle, the operator of the salvage pool

15-39  shall provide a [bill of sale of] salvage title to the licensed

15-40  automobile wrecker, dealer of new or used motor vehicles or

15-41  rebuilder [on a form prescribed and supplied by the Department.

15-42  The Department shall accept the bill of sale of salvage in lieu of the

15-43  certificate of ownership or other evidence of title from the:

15-44     (a) Automobile wrecker, if the bill of sale of salvage is

15-45  accompanied by an appropriate application for a salvage title; or

16-1      (b) Dealer of new or used motor vehicles or rebuilder when he

16-2  licenses the vehicle for operation or transfers ownership of it, if the

16-3  bill of sale of salvage is accompanied by an appropriate application,

16-4  all other required documents and fees, and a certificate of inspection

16-5  signed by an employee of the Department attesting to the

16-6  mechanical fitness and safety of the vehicle.

16-7      3.  The Department may issue to:

16-8      (a) The licensed automobile wrecker;

16-9      (b) A licensed operator of a salvage pool;

16-10     (c) A dealer of new or used motor vehicles who is licensed in

16-11  another state or foreign country and is registered with a salvage

16-12  pool; or

16-13     (d) An automobile wrecker or dismantler who is licensed in

16-14  another state or foreign country and is registered with a salvage

16-15  pool,

16-16  a salvage title that contains a brief description of the vehicle,

16-17  including, insofar as data may exist with respect to the vehicle, the

16-18  make, type, serial number and motor number, or any other number

16-19  of the vehicle. Except as otherwise provided in this subsection, the

16-20  Department shall charge and collect a fee of $10 for the issuance of

16-21  a salvage title pursuant to this subsection. The Department shall not

16-22  charge such a fee for the issuance of a salvage title to an automobile

16-23  wrecker licensed in this state. Fees collected by the Department

16-24  pursuant to this subsection must be deposited with the State

16-25  Treasurer to the credit of the Account for Regulation of Salvage

16-26  Pools, Automobile Wreckers, Body Shops and Garages. Possession

16-27  of a salvage title does not entitle a person to dismantle, scrap,

16-28  process or wreck any vehicle in this state unless the person holds a

16-29  license issued pursuant to NRS 487.050.] who purchased the

16-30  vehicle.

16-31     Sec. 34.  NRS 487.530 is hereby amended to read as follows:

16-32     487.530  As used in NRS 487.530 to 487.570, inclusive, and

16-33  sections 17, 18 and 19 of this act, unless the context otherwise

16-34  requires, the words and terms defined in NRS 487.535 to 487.550,

16-35  inclusive, have the meanings ascribed to them in those sections.

16-36     Sec. 35.  NRS 487.650 is hereby amended to read as follows:

16-37     487.650  1.  The Department may refuse to issue a license or,

16-38  after notice and hearing, may suspend, revoke or refuse to renew a

16-39  license to operate a body shop upon any of the following grounds:

16-40     (a) Failure of the applicant or licensee to have or maintain an

16-41  established place of business in this state.

16-42     (b) Conviction of the [operator] applicant or licensee or an

16-43  employee of the applicant or licensee of a felony, or of a

16-44  misdemeanor or gross misdemeanor for a violation of a provision of

16-45  this chapter.

17-1      (c) Any material misstatement in the application for the license.

17-2      (d) Willful failure of the applicant or [operator] licensee to

17-3  comply with the motor vehicle laws of this state[,] and NRS

17-4  487.035, 487.610 to 487.690, inclusive, or 597.480 to 597.590,

17-5  inclusive.

17-6      (e) Failure or refusal by the licensee to pay or otherwise

17-7  discharge any final judgment against him arising out of the

17-8  operation of the body shop.

17-9      (f) Failure or refusal to provide to the Department an

17-10  authorization for the disclosure of financial records for the business

17-11  as required pursuant to subsection 2.

17-12     (g) A finding of guilt by a court of competent jurisdiction in a

17-13  case involving a fraudulent inspection, purchase, sale or transfer

17-14  of a salvage vehicle by the applicant or licensee or an employee of

17-15  the applicant or licensee.

17-16     (h) An improper, careless or negligent inspection of a salvage

17-17  vehicle pursuant to NRS 487.110 by the applicant or licensee or an

17-18  employee of the applicant or licensee.

17-19     (i) A false statement of material fact in a certification of a

17-20  salvage vehicle pursuant to NRS 487.110 or a record regarding a

17-21  salvage vehicle by the applicant or licensee or an employee of the

17-22  applicant or licensee.

17-23     2.  Upon the receipt of any report or complaint alleging that an

17-24  applicant or a licensee has engaged in financial misconduct or has

17-25  failed to satisfy financial obligations related to the operation of a

17-26  body shop, the Department may require the applicant or licensee to

17-27  submit to the Department an authorization for the disclosure of

17-28  financial records for the business as provided in NRS 239A.090.

17-29  The Department may use any information obtained pursuant to such

17-30  an authorization only to determine the suitability of the applicant or

17-31  licensee for initial or continued licensure. Information obtained

17-32  pursuant to such an authorization may be disclosed only to those

17-33  employees of the Department who are authorized to issue a license

17-34  to an applicant pursuant to NRS 487.610 to 487.690, inclusive, or to

17-35  determine the suitability of an applicant or a licensee for such

17-36  licensure.

17-37     3.  As used in this section, “salvage vehicle” has the meaning

17-38  ascribed to it in section 9 of this act.

17-39     Sec. 36.  NRS 487.130 is hereby repealed.

 

18-1  TEXT OF REPEALED SECTION

 

18-2      487.130  Transfer of title without fee when vehicle acquired

18-3   for dismantling or wrecking. If any person acquires a vehicle as

18-4   transferee for the purpose of dismantling or wrecking it, the title to

18-5   the vehicle must be transferred to the person without payment of

18-6   any fee upon application for the issuance of a salvage title.

 

18-7  H