AB 32 — Revises provisions relating to the towing or immobilization of a motor vehicle. (BDR 43-387)

(ReprintedAssembly withBill amendmentsNo. adopted on April 12, 2021) FIRST REPRINT A.B.

3232–Committee Aon SSEMBLYJudiciary BILLCHAPTER.......... NO .

32–COMMITTEE ON JUDICIARY (ON BEHALF OF THE N EVADA SUPREME C OURT ) PREFILED N OVEMBER 18, 2020 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to the towing or immobilization of a motor vehicle.

(BDR 43-387) FISCAL NOTE:

Effect on Local Government:

May have Fiscal Impact.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

LegislativeLegiExisting Counsel’slaw: Digest:

Existing law:

and (2) requires the justice court to hold a hearing within 4 working days after such a civil action is filed, to determine whether the towing or immobilization was lawful or unlawful and to enter a corresponding order regarding payment of costs and release of the vehicle.

(NRS 4.370, 487.039) This bill creates a new process for filing a complaint for expedited relief in justice court.

and (4) if the personcourt ordetermines entitythat whothe hastowing stored or immobilizedimmobilization thewas vehicle,unlawful, asrequires applicable,the to release the vehicle to the owner or remove the boot, clamp or device from the vehicle release immediately upon presentation of a certified copy of the order by the owner of the vehicle.

ThisExisting billlaw also requires the operator of any facility or location where vehicles which are towed are stored to maildisplay writtenat notice,the withinfacility 24or hourslocation aftera conspicuous sign which sets forth the towing,provisions excludingof Sundaysexisting andlaw holidays,for todetermining the registeredlawfulness owner of anya vehicleinclude towedinformation toconcerning the facilityavailability orof location.certain legal assistance.o EXPLANATION – Matter in bolded italics is new;

-matter *AB32_R1*between –brackets 2[omitted –material] THEis PEOPLEmaterial OFto THEbe STATEomitted. OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

(b) The owner of the vehicle believes that the vehicle was unlawfully towed or immobilized [, the owner of the vehicle may file- a81st civilSession action(2021) pursuant– to2 paragraph– (b) of subsection 1 of NRS 4.370 in the justice court of the township where the property fromfromRS which the vehicle was towed or on which the vehicle was immobilized is located, on a form provided by the court, to determine whether the towing or immobilizing of the vehicle was lawful.

property(1) orThe theowner authorizedor agentperson ofin thelawful ownerpossession of the real property who authorized the tow of the vehicle and the tow company whichwhichrty towed the vehicle;

A complaint filed pursuant to subsection 1 that does not meet the criteria in subsections 1 and 2 mustmay be dismissed by the court, without prejudice.

Such dismissal does not affect the right of the vehicle owner of the vehicle to pursue civil damages.

- *AB32_R1* – 3 – 4.

The hearing must be held not later than [4 working] 7 calendar days afterthe hearing to the [action]form complaintand isorder filed.a copy served by the sheriff, thete of constable or [other] a process server licensed pursuant to chapter of NRS upon the [owner or person in lawful possession of the property who authorized the towing or immobilization of the vehicle.

The court shall affix the date of the hearing to the form and order a copy served by the sheriff, the constable or [other] a process server licensed pursuant to chapter 648 of NRS upon the [owner or person in lawful possession of the property who authorized the towing or immobilization of the vehicle.

- 81st Session (2021) – 3 – 5.

[;] (b) [Unlawfully] If the court determines the vehicle was unlawfully towed, enter an order declaring the owner or person in lawful possession of the property or the authorized agent of the owner of the property who authorized the towing [to pay] liable for the cost of towing and storing the vehicle [,] and order the person who is storing the vehicle to release the vehicle to the owner immediately .

- *AB32_R1* – 4 – 7.

The operator of any facility or other location where vehicles which are towed are stored shall [display]display conspicuously at that facility or location a sign which sets forth [the] :

(a) DisplayThe conspicuously at that facility or location a sign which sets forth the provisions of this section [.] ;

and towed(b) toA statement regarding the facilityavailability of assistance from a program for legal aid, self-help center operated or otheroverseen locationby withina 24court hoursor afterother thesimilar towing,program excludingin Sundaysthe andcity holidays,or thatcounty includesin which the followingfacility information:or other location is located.

(1)~~~~~ The21 name- and81st addressSession of(2021) the facility or location at which the vehicle is being stored;

(2) The cost of towing and storage, including the daily accrual rate of storage, if any;

(3) The reason for the towing;

(4) A statement of the provisions of this section;

and (5) A statement regarding the availability of assistance from a program for legal aid, self-help center operated or overseen by a court or other similar program in the city or county in which the facility or other location is located.

H - *AB32_R1*