SB243 - Makes various changes relating to motor vehicles. (BDR 43-964)

REQUIRES TWO-THIRDS MAJORITY VOTE (§§ 8, 9, 11) S.B. 243 - *SB243* SENATE BILL NO. 243–SENATOR FLORES FEBRUARY 26, 2025 ____________ Referred to Committee on Growth and Infrastructure SUMMARY—Makes various changes relating to motor vehicles. (BDR 43-964) FISCAL NOTE: Effect on Local Government: Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility. 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; authorizing the Department of Motor Vehicles to license certain persons as Class I authorized third parties to provide registration, titling and other services; setting forth the fees and other requirements for licensure as a Class I authorized third party; setting forth the services a Class I or Class II authorized third party may perform; setting forth the fees a Class I or Class II authorized third party may collect for providing such services; requiring the State Department of Conservation and Natural Resources to use consistent terms relating to motor vehicles on certain forms provided by the Department; revising provisions related to towing certain vehicles from a residential complex; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires a person who wishes to engage in the business of a 1 document preparation service to register with the Secretary of State. (NRS 2 240A.100) A document preparation service is a person who, for compensation, 3 provides assistance to a client with certain legal matters, including preparing or 4 completing a pleading, application or other document and submitting a completed 5 document on behalf of a client to a court or administration agency. 6 (NRS 240A.030) 7 This bill authorizes a document preparation service to additionally operate as 8 either a Class I or Class II authorized third party. Sections 5-7 of this bill define 9 terms related to authorized third parties, including the terms “Class I authorized 10 third party” and “Class II authorized third party.” Section 10 of this bill authorizes 11 – 2 – - *SB243* a person to engage in the activities of a Class II authorized third party if the person 12 is registered as a document preparation service and holds a local business license. 13 Section 11 of this bill prohibits a person from acting as a Class I authorized third 14 party without a license issued by the Department of Motor Vehicles and provides 15 the requirements to obtain a license, including, without limitation, being registered 16 as a document preparation service, providing fingerprints and passing a criminal 17 background check. Sections 12-14 of this bill establish: (1) additional requirements 18 to obtain or renew a license as a Class I authorized third party; and (2) grounds for 19 the Department to refuse to issue or renew, or to suspend or revoke a license as a 20 Class I authorized third party. Section 15 of this bill provides the circumstances 21 under which an employee of a Class I authorized third party may provide certain 22 services. Section 16 of this bill requires an authorized third party to obtain and 23 compile any records required by the Department. 24 Section 9 of this bill sets forth the services that a Class I and Class II 25 authorized third party may provide, which are: (1) providing applications for 26 certain motor vehicle and off-highway vehicle registration and titling services; (2) 27 accepting those applications; (3) obtaining on behalf of a customer or, in the case of 28 a Class I authorized third party, issuing certificates of registration, certificates of 29 title, certain license plates, decals and certain permits authorizing the travel on the 30 highways of this State of an unregistered vehicle in certain circumstances; (4) 31 notarizing certain documents; (5) submitting change of address information; (6) 32 accepting license plates that are required to be surrendered to the Department; and 33 (7) submitting information to the Department on behalf of customers claiming 34 certain exemptions from the governmental services tax. Section 9 further: (1) 35 authorizes an authorized third party to charge its customers a convenience fee for 36 its services and sets forth a certain portion of each statutory fee for services which 37 may be retained by a Class I authorized third party; and (2) requires an authorized 38 third party to remit all fees due to the Department and collected by the authorized 39 third party not less than daily. Section 8 of this bill requires the Department to 40 provide a Class I authorized third party: (1) access to those portions of the 41 Department database or other technology systems required to provide the 42 authorized services; (2) training in the provision of such services; and (3) notice of 43 any relevant new regulations, policies or procedures; and (4) the ability to purchase 44 bulk amounts of certificates of registration, certificates or title, certain license 45 plates, decals, permits and other forms. Section 9 further requires the Department 46 to provide a Class II authorized third party: (1) access to make certain appointments 47 with the Department; (2) access to a separate window at each office of the 48 Department in an incorporated city whose population is 500,000 or more (currently 49 the City of Las Vegas); and (3) a written summary of certain policies and 50 procedures of the Department and the rights and responsibilities of Class II 51 authorized third parties. 52 Sections 1-4 and 17-78 of this bill make conforming changes authorizing an 53 authorized third party to perform certain services and duties designated to the 54 Department of a registered dealer under existing law consistent with sections 5-16. 55 Existing law requires that certain motor vehicles be tested for emissions in 56 certain counties in this State. (NRS 445B.770-445B.815) As part of the emissions 57 testing program, the Department collects fees for each set of forms purchased for 58 use to certify emission control compliance. (NRS 445B.830) Section 79 of this bill 59 requires the State Department of Conservation and Natural Resources to ensure that 60 such forms use the same terms regarding the make, model and features of a vehicle 61 as any other forms of the Department that are used for vehicle inspections. 62 Existing law imposes certain requirements on the towing of a vehicle from a 63 residential complex when the tow is at the request of a person other than the owner 64 of the vehicle. (NRS 706.4477) Section 80 of this bill requires a tow operator who 65 has been requested by the owner of the real property where the residential complex 66 – 3 – - *SB243* is located, or an authorized agent of the owner, to tow a vehicle from the residential 67 complex based on a lack of registration of the vehicle to independently verify the 68 registration status of the vehicle before towing the vehicle. Under section 80, a tow 69 operator who fails to comply with that requirement is responsible for the cost of the 70 towing and storage of the vehicle. 71 Section 81 of this bill requires the Legislative Auditor to conduct an audit of 72 the Department which measures the accuracy and average time of completion of 73 transactions involving certain services that the Department of Motor Vehicles or an 74 agent of the Department may provide. The Legislative Auditor is required to 75 present a final written report to the Audit Subcommittee of the Legislative 76 Commission not later than July 1, 2026. 77 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 481.015 is hereby amended to read as follows: 1 481.015 1. Except as otherwise provided in this subsection, 2 as used in this title, unless the context otherwise requires, 3 “certificate of title” means the document issued by the Department 4 or a Class I authorized third party that identifies the legal owner of 5 a vehicle and contains the information required pursuant to 6 subsection 2 of NRS 482.245. The definition set forth in this 7 subsection does not apply to chapters 488 and 489 of NRS. 8 2. Except as otherwise provided in chapter 480 of NRS, NRS 9 484C.600 to 484C.640, inclusive, 486.363 to 486.375, inclusive, 10 and chapter 488 of NRS, as used in this title, unless the context 11 otherwise requires: 12 (a) “Department” means the Department of Motor Vehicles. 13 (b) “Director” means the Director of the Department. 14 3. As used in this title: 15 (a) “Civil infraction” means a violation of any provision of 16 chapters 483 to 484E, inclusive, 486 or 490 of NRS that is not 17 punishable as a misdemeanor, gross misdemeanor or felony. 18 (b) “Full legal name” means a natural person’s first name, 19 middle name and family name or last name, without the use of 20 initials or a nickname. The term includes a full legal name that has 21 been changed pursuant to the provisions of NRS 483.375 or 22 483.8605. 23 Sec. 2. NRS 481.048 is hereby amended to read as follows: 24 481.048 1. The Director shall appoint, within the limits of 25 legislative appropriations, investigators for the Division of 26 Compliance Enforcement. 27 2. The duties of the investigators are to travel the State and: 28 (a) Act as investigators in the enforcement of the provisions of 29 chapters 482, 487 and 490 of NRS, NRS 108.265 to 108.367, 30 inclusive, and 108.440 to 108.500, inclusive, as those sections 31 – 4 – - *SB243* pertain to motor vehicles, trailers, motorcycles, recreational vehicles 1 and semitrailers, as defined in chapter 482 of NRS, and off-highway 2 vehicles, as defined in NRS 490.060. 3 (b) Act as advisers to any business licensed by the Department 4 in connection with any problems arising under the provisions of 5 chapters 108, 482, 483, 487 and 490 of NRS. 6 (c) Advise and assist personnel of the Nevada Highway Patrol in 7 the enforcement of traffic laws and motor vehicle registration laws 8 as they pertain to any business licensed by the Department. 9 (d) Act as investigators in the enforcement of the provisions of 10 NRS 483.700 to 483.780, inclusive, relating to the licensing of 11 schools and instructors for training drivers. 12 (e) Act as investigators in the enforcement of the provisions of 13 sections 5 to 16, inclusive, of this act relating to authorized third 14 parties, as defined in section 5 of this act. 15 (f) Exercise their police powers in the enforcement of the laws 16 of this State to prevent acts of fraud or other abuses in connection 17 with the provision of services offered to the public by the 18 Department. 19 [(f)] (g) Perform such other duties as may be imposed by the 20 Director. 21 Sec. 3. NRS 481.063 is hereby amended to read as follows: 22 481.063 1. The Director may charge and collect reasonable 23 fees for official publications of the Department and from persons 24 making use of files and records of the Department or its various 25 divisions for a private purpose. All money so collected must be 26 deposited in the State Treasury for credit to the Motor Vehicle Fund. 27 2. Except as otherwise provided in subsection [6,] 7, the 28 Director may release personal information, except a photograph, 29 from a file or record relating to the driver’s license, identification 30 card, or title or registration of a vehicle of a person if the requester 31 submits a written release from the person who holds a lien on the 32 vehicle, or an agent of that person, or the person about whom the 33 information is requested which is dated not more than 90 days 34 before the date of the request. The written release must be in a form 35 required by the Director. 36 3. Except as otherwise provided in subsections 2 and [4,] 5, the 37 Director shall not release to any person who is not a representative 38 of the Division of Welfare and Supportive Services of the 39 Department of Health and Human Services or an officer, employee 40 or agent of a law enforcement agency, an agent of the public 41 defender’s office or an agency of a local government which collects 42 fines imposed for parking violations, who is not conducting an 43 investigation pursuant to NRS 253.0415 or 253.220, who is not 44 authorized to transact insurance pursuant to chapter 680A of NRS or 45 – 5 – - *SB243* who is not licensed as a private investigator pursuant to chapter 648 1 of NRS and conducting an investigation of an insurance claim: 2 (a) A list which includes license plate numbers combined with 3 any other information in the records or files of the Department; 4 (b) The social security number of any person, if it is requested to 5 facilitate the solicitation of that person to purchase a product or 6 service; or 7 (c) The name, address, telephone number or any other 8 personally identifiable information if the information is requested by 9 the presentation of a license plate number. 10  When such personally identifiable information is requested of a 11 law enforcement agency by the presentation of a license plate 12 number, the law enforcement agency shall conduct an investigation 13 regarding the person about whom information is being requested or, 14 as soon as practicable, provide the requester with the requested 15 information if the requester officially reports that the motor vehicle 16 bearing that license plate was used in a violation of NRS 205.240, 17 205.345, 205.380 or 205.445. 18 4. The Director may allow access by a Class I authorized 19 third party to those portions of the Department database or other 20 technology system required to perform the services which the 21 authorized third party is authorized to perform pursuant to section 22 8 of this act. 23 5. If a person is authorized to obtain [such] the personally 24 identifiable information described in subsection 3 pursuant to a 25 contract entered into with the Department and if such information is 26 requested for the purpose of an advisory notice relating to a motor 27 vehicle or the recall of a motor vehicle or for the purpose of 28 providing information concerning the history of a vehicle, the 29 Director may release: 30 (a) A list which includes license plate numbers combined with 31 any other information in the records or files of the Department; or 32 (b) The name, address, telephone number or any other 33 [Text truncated for display. Full text available on LegiScan.]