AB 288 — Makes various changes relating to services provided by the Department of Motor Vehicles. (BDR 43-938)

(ReprintedAssembly withBill amendmentsNo. adopted on May 23, 2019) SECOND REPRINT A.B.

288288–Assemblywoman ASpiegel SSEMBLYCHAPTER.......... BILL NO .

288–ASSEMBLYWOMAN SPIEGEL M ARCH 18, 2019 ____________ Referred to Committee on Growth and Infrastructure SUMMARY—Makes various changes relating to services provided by the Department of Motor Vehicles.

(BDR 43-938) 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.

Existing law requires a person who wishes to conduct business as a document preparation service to register with the Secretary of State and meet certain requirements.

(NRS 240A.100) A person who alleges certain violations against the document preparation service may file a complaint with the Secretary of State, who may investigate the complaint to determine if a violation has occurred.

-State, *AB288_R2*who – 2 – (NRS 240A.260) Upon making such a determination, the Secretary of State is authorized to deny, suspend, revoke or refuse to renew the registration of the document preparation service, and may refer the violation to the Attorney General or a district attorney to commence a civil action against the document preparation service, with available remedies including injunctive relief, civil penalties and restitution.

(NRS 240A.270, 240A.280) Section 1.5 of this bill authorizes the Department of Motor Vehicles to maintain service windows or locations in an office of the Department that are dedicated to serving document preparation services conducting transactions on behalf of clients if the Department determines that enough such transactions are conducted to warrant it, and requires the Department to maintain such windows or locations in certain counties.

Section 1.5 also authorizes a client of a document preparation service who alleges a violation by the document preparation service that involves a transaction with the Department of Motor thatVehicles theto allegedfile violation or violations more likely than not occurred, themines Department must forward the complaint towith the SecretaryDepartment. of State for further action under existing laws.

SectionIf 1.5the alsoDepartment providesdetermines that,that if the registrationalleged ofviolation aor documentviolations preparationmore servicelikely isthan suspendednot oroccurred, revoked, the Department must notforward allow the documentcomplaint preparation service to conductthe transactionsSecretary withof theState Departmentfor onfurther behalfaction ofunder clients.existing laws.

IfSection some1.5 penaltyalso otherprovides thanthat, suspensionif orthe revocationregistration of registrationa reasonabledocument time,preparation service is suspended or revoked, the privilegeDepartment ofmust not allow the document preparation service to:to conduct transactions with the Department on - 80th Session (2019) – 2 – behalf of clients.

(1)If conductsome transactionspenalty withother than suspension or revocation of registration is imposed on a document preparation service, the Department onmay behalfsuspend, for a reasonable time, the privilege of clients;the document preparation service to:

or(1) (2)conduct use a service window or location dedicated to document preparation services at any office of the window Department where such a window or location is provided.

THEEXPLANATION PEOPLE– OFMatter THEin STATEbolded OFitalics NEVADA,is REPRESENTEDnew; IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Sectionmatter 1.between brackets [omitted material] is material to be omitted.

THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.

At each office of the Department where the Department determines that document preparation services conduct a sufficient number of transactions on behalf of clients to warrant it, the Department may maintain public service windows - *AB288_R2* – 3 – or locations dedicated to serving document preparation services conducting transactions on behalf of clients, except that the Department must maintain:

- 80th Session (2019) – 3 –  Such public service windows or locations may be used to provide services to the general public during times when no document preparation service is in the office seeking to conduct transactions on behalf of clients.

A person who is a client of a document preparation service may file with the Department a complaint alleging a violation of chapter 240A of NRS by the document preparation service in lieu of notifying the Secretary of State pursuant to chapter 240A of transactionNRS withif theat Departmentleast byone allegation in the documentcomplaint preparationinvolves a service on behalf of the client.client.by the document preparation 3.

Upon receipt of a complaint filed pursuant to subsection 2 and evidence satisfactory to the Department that a violation of 2 chapter 240A of NRS is more likely than not to have occurred, the Department shall forward the complaint to the Secretary of State or his or her designee for investigation pursuant to NRS 240A.260.

(a) A suspension or revocation of or the refusal to renew the registration of the document preparation service, the Department shall not allow the document preparation service to conduct transactionstra(b) withThe imposition of any civil remedy authorized by chapter 240A of NRS other than the suspension or revocation of the registration of the document preparation service, the Department onmay behalfsuspend, for an amount of atime client.determined to be reasonable by the Department, the privilege of the document preparation service to:

- *AB288_R2* – 4 – (b) The imposition of any civil remedy authorized by chapter 240A of NRS other than the suspension or revocation of the registration of the document preparation service, the Department may suspend, for an amount of time determined to be reasonable by the Department, the privilege of the document preparation service to:

- 80th Session (2019) – 4 – Sec.

The Secretary of State shall immediately revoke the registration of a registrant upon the receipt of an official document or record(a) showing:The entry of a judgment or conviction;

(a)or (b) The entryoccurrence of aany judgmentother orevent, conviction; that would disqualify the registrant from registration pursuant to subsection 2 of NRS 240A.100.

or (b) The occurrence of any other event, subsection 2 of NRS 240A.100.egistrant from registration pursuant to 3.

Upon the suspension or revocation of or refusal to renew the registration of a document preparation service pursuant to this section, the Secretary of State shall notify the Department of this Motor Vehicles of the name of the document preparation service for the purposes of section 1.5 of this act.

(b)not Forless thethan recovery$100 or more than $5,000 for each such violation;t of a(c) civilFor penaltyan againstorder directing restitution to be made by the defendant ofto notany lessperson thanwho $100suffers orpecuniary moreloss thanas $5,000a forresult eachof such a violation;

(c)or (d) For anany ordercombination directingof restitution to be made by the defendantremedies todescribed anyin personthis whosubsection. suffers pecuniary loss as a result of such a violation;

or - *AB288_R2* – 5 – (d) For any combination of the remedies described in this subsection.

- 80th Session (2019) – 5 – 4.

Sec.Secs.

2.2-77.

3.