Senate Bill No. 161–Committee on Judiciary

 

(On Behalf of the Department of Motor Vehicles)

 

February 18, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Removes requirement that lien claimant give notice to Department of Motor Vehicles regarding satisfaction of lien on aircraft, aircraft equipment or aircraft parts. (BDR 9‑564)

 

FISCAL NOTE:    Effect on Local Government: No.

                             Effect on the State: No.

 

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

 

AN ACT relating to statutory liens; removing the requirement that a lien claimant give written notice to the Department of Motor Vehicles regarding the satisfaction of a lien on an aircraft, aircraft equipment or aircraft parts; 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 108.310 is hereby amended to read as follows:

1-2  108.310  Subject to the provisions of NRS 108.315, the lien

1-3  created in NRS 108.270 to 108.360, inclusive, may be satisfied as

1-4  follows:

1-5  1.  The lien claimant shall give written notice to the person on

1-6  whose account the storing, maintaining, keeping, repairing, labor,

1-7  fuel, supplies, facilities, services or accessories were made, done or

1-8  given, and to any other person known to have or to claim an interest

1-9  in the motor vehicle, aircraft, motorcycle, motor or aircraft

1-10  equipment, aircraft parts, trailer, recreational vehicle, mobile home

1-11  or manufactured home[,] upon which the lien is asserted, and to the:

1-12      (a) Manufactured Housing Division of the Department of

1-13  Business and Industry with regard to mobile homes, manufactured

2-1  homes and commercial coaches as defined in chapter 489 of NRS;

2-2  or

2-3  (b) Department of Motor Vehicles with regard to [all other items

2-4  included in this section.] motor vehicles, motorcycles, motor

2-5  equipment, trailers, recreational vehicles, mobile homes and

2-6  manufactured homes.

2-7  2.  In accordance with the terms of a notice so given, a sale by

2-8  auction may be held to satisfy any valid claim which has become a

2-9  lien on the motor vehicle, aircraft, motorcycle, motor or aircraft

2-10  equipment, aircraft parts, trailer, recreational vehicle, mobile home

2-11  or manufactured home. The sale must be held in the place where the

2-12  lien was acquired, or, if that place is manifestly unsuitable for the

2-13  purpose, at the nearest suitable place.

2-14      3.  After the time for the payment of the claim specified in the

2-15  notice has elapsed, an advertisement of the sale, describing the

2-16  motor vehicle, aircraft, motorcycle, motor or aircraft equipment,

2-17  aircraft parts, trailer, recreational vehicle, mobile home or

2-18  manufactured home to be sold, and stating the name of the owner or

2-19  person on whose account it is held, and the time and place of the

2-20  sale, must be published once a week for 3 consecutive weeks in a

2-21  newspaper published in the place where the sale is to be held, but if

2-22  no newspaper is published in that place, then in a newspaper

2-23  published in this state that has a general circulation in that place.

2-24  The sale must not be held less than 22 days after the time of the first

2-25  publication.

2-26      4.  From the proceeds of the sale , the lien claimant who

2-27  furnished the services, labor, fuel, accessories, facilities or supplies

2-28  shall satisfy his lien, including the reasonable charges of notice,

2-29  advertisement and sale. The balance, if any, of the proceeds must be

2-30  delivered, on demand, to the person to whom he would have been

2-31  bound to deliver, or justified in delivering, the motor vehicle,

2-32  aircraft, motorcycle, motor or aircraft equipment, aircraft parts,

2-33  trailer, recreational vehicle, mobile home or manufactured home.

2-34      Sec. 2.  This act becomes effective upon passage and approval.

 

2-35  H