Existing law imposes certain conditions on the towing of a motor vehicle which is vehicle or a law enforcement officer.

Existing law provides that the owner of real property [,] on which a residential complex is located, or an authorized agent of the owner, may only have a vehicle thetowed: registration of the vehicle has been expired for not less than 60 days or is (3) if expired;

(1) because of a parking violation;

(2) if the vehicle is not registered;

(3) if the registration of the vehicle has been expired for not less than 60 days or is expired;

(NRS 706.4477) Section[If 2a prohibitsvehicle thehas ownerbeen ortowed agentdue fromto the vehicle having aexpired motorregistration vehicleand towedthe solelyregistered becauseowner of the registrationvehicle ofprovides proof that the vehicle is expired.registered, section] Section 2 [of this bill:

(1) requires the operator to immediately release the vehicle to the registered owner of the vehicle;

and (2) provides that the registered owner is not responsible for the cost proof by providing current registration documents in a physical format or in certain electronic formats that predate the date on which the vehicle was connected or towed.

Existing law provides that the owner of real property, or an authorized agent of the owner, who requests that a vehicle be towed from a residential complex at which the vehicle is located may not have a vehicle towed until 48 hours after affixing a notice to the vehicle which explains when the vehicle is to be towed, unless the tow is requested for an issue relating to the health, safety or welfare of the residents of the residential complex.

(NRS 706.4477) Section 2 requires the owner of real property, or the authorized agent of the owner, to, in addition to affixing the notice to the vehicle, make reasonable efforts to notify the owner or operator of the vehicle to explain that the vehicle will be towed if the vehicle is parked in an assigned or designated parking space.

Section 2 provides that such reasonable efforts include the use of a telephone number or electronic mail address, if available.

Section 2 additionally requires such an owner or authorized agent of the owner to affix a notice to the the vehicle.

Furthermore, section 2 requires that a vehicle may not be towed until 5 days after such notices are provided and efforts are made.

Section 2 requires a tow operator who has been requested by the owner of real property, or an authorized agent of the owner, to tow a vehicle if the registration of the vehicle has expired to independently verify the registration status of the vehicle before towing the vehicle by using the Internet website of the Department of Motor Vehicles.

Section 2 requires the tow operator to retain evidence of such verification for not less than 1 year and further provides that a tow operator who fails to comply with this requirement is responsible for the cost of the removal and storage of the vehicle.] prohibits the owner or agent from having a motor vehicle towed solely because the registration of the vehicle is expired.

vehicleExisting thatlaw isprovides towedthat, isin responsiblecertain forsituations, thea costregistered ofowner removal and storage of thea motor vehicle and further provides that anis operatortowed ofis aresponsible towfor carthe maycost imposeof aremoval feeand onstorage the owner of the motor vehicle forand further the towing and storage of the vehicle.

(NRS 706.4477, 706.4479) Section 2 provides that thetheor operator shall not charge any fee or cost for the storage of the motor vehicle until at least 48 hours has passed since the motor vehicle arrived and was registered at the place of storage.

If a vehicle has -been 81sttowed Sessiondue (2021)to –the 2vehicle –not beenbeing towedregistered [or due to the vehicle nothaving beingan registeredexpired registration] and the [registered] owner of the vehicle does not provide proof that the vehicle is registered, section 2 provides that [a registered] the owner shall pay a hardship tariff for the removal and storage of a towed motor vehicle if, for reasons outside of the [registered] owner’s control, the [registered] owner is incapable of Sectionpaying 2 requires the Nevadanormal Transportationrate Authorityfor tothe adoptremoval regulationsand tostorage carryof out the hardshiptowed tariffmotor program.vehicle.

SectionsSection 1 and 2 providerequires thatthe aNevada personTransportation mayAuthority provideto proofadopt ofregulations registrationto ofcarry aout vehicle by providing current registration documents in a physical format or in certain electronic formats that predate the datehardship ontariff whichprogram. the vehicle was connected or towed.

communitySenate toAmendment directNo. the removal of vehicles improperly parked on property owned or leased by the association.

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301 First Reprint Page 5 by providing current registration documents in a physical format or in certain electronic formats that predate the date on which the vehicle was connected or towed.

Existing law authorizes the unit-owners’ association of a common-interest community to direct the removal of vehicles improperly parked on property owned or leased by the association.

Withmore certainthan exceptions,two existingunregistered lawcars makeson itreal aproperty misdemeanorowned forby aor personunder to possession or keep control of the person if the vehicles are no longer intended for or in condition for lawful use on the highway.

(NRS 487.290, 487.300) Section 5 exempts from prosecution for this crime the owner of real property on which a residential complex is located or an agent thereof and the association of a common-common-interest interest community or an agent thereof.

EXPLANATION – Matter in bolded italics is new;

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

If a vehicle that has been connected to a tow car was requested to be towed pursuant to subparagraph [(3)] (2) of paragraph (b) of subsection 2 of NRS 706.4477 and the owner, or agent of the owner, provides proof that the vehicle is registered pursuant to this chapter or chapter 482 of NRS or in any other state:

- 81st Session (2021) – 3 – (a) The operator shall immediately release the motor vehicle to the owner or agent;

limitation,3. providing current registration documents in a physical format or in an electronic format as set forth in NRS 482.255 that predate the date on which the vehicle was connected to the tow car.

As used in this section, “provide proof” includes, without limitation, [the registered owner] providing current registration documents in a physical format or in an electronic format as set forth in NRS 482.255 that predate the date on which the vehicle was connected to the tow car.

(c)Senate NoticeAmendment mustNo. be given to the appropriate law enforcement agency pursuant to state and local requirements.

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301 First Reprint Page 6 (c) Notice must be given to the appropriate law enforcement agency pursuant to state and local requirements.

If, pursuant to subsection 1, the owner of the real property or authorized agent of the owner of the real property requests that a vehicle be towed from a residential complex at which the vehicle is located, the owner of the real property or authorized agent of the owner, which may be the tow operator if the tow operator has entered into a contract for that purpose with the owner of the real property:

(2) Except as otherwise provided in this subparagraph, if the vehicle is being towed pursuant to subparagraph (1) [,] or (2) [or sub-subparagraph (I) or (III) of subparagraph (3)] of paragraph (b), notify the owner or operator of the vehicle of the tow not less than 48 hours before the tow by affixing to the vehicle a sticker which provides the date and time after which the vehicle will be towed.

- 81st Session (2021) – 4 – (I) For the same or a similar reason within the same residential complex.

(II) Three or more times during the immediately preceding 6 months within the same residential complex for any rea(b)reason, Mayregardless onlyof havewhether athe vehicle towed:icle was subsequently towed.

[(3) Except as otherwise provided in this subparagraph, if the vehicle is being towed pursuant to sub-subparagraph (II) of subparagraph (3) of paragraph (b), notify the owner or operator of the vehicle of the tow not less than 5 days before the tow by affixing to the vehicle a sticker which provides the date and time after which the vehicle will be towed and by making reasonable efforts to notify the owner or operator of the vehicle of the date and time after which the vehicle will be towed, including, without limitation, by the use of a telephone number or electronic mail address, if available.

In addition to these efforts, the owner of the real property or authorized agent of the owner, which may be the tow operator, shall also affix a notice to the door of the residential unit whose assigned or designated parking space is being occupied by the vehicle.

The provisions of this subparagraph do not apply and the vehicle may be immediately towed if it is a vehicle for which a notice was previously affixed:

(I) For the same or a similar reason within the same residential complex.

(II) Three or more times during the immediately preceding 6 months within the same residential complex for any reason, regardless of whether the vehicle was subsequently towed.] (b) May only have a vehicle towed:

(I) Has been expired for not less than 60 days, if the vehicle is owned or operated by a resident of the residential complex and the vehicle is not parked in a parking space that is clearly marked as being assigned or designated for a specific resident of the residential complex or for a specific residential unit located in the residential complex, or does not meet the requirements of sub-subparagraphsub- subparagraph (II);

or (II)(III); Is expired, if the owner of real property or authorized agent of the owner verifies that the vehicle is not owned or operated by a resident of the residential complex;

orSenate (4)]Amendment IfNo. the vehicle is:

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301 First Reprint Page 7 (II) Has been expired for not less than 60 days, if the vehicle is owned or operated by a resident of the residential complex and the vehicle is parked in a parking space that is clearly marked as being assigned or designated for a specific resident of the residential complex or for a specific residential unit located in the residential complex, or does not meet the requirements of sub- subparagraph (III);

or (III) Is expired, if the owner of real property or authorized agent of the owner verifies that the vehicle is not owned or operated by a resident of the residential complex;

or (4) ] If the vehicle is:

If towing is requested by a county or city pursuant to NRS 244(a)244.3605 Noticeor must268.4122, beas givenapplicable: to the appropriate law enforcement agency pursuant to state and local requirements.

(a) Notice must be given to the appropriate law enforcement agency pursuant to state and local requirements.

The[If [registered]towing owneris requested pursuant to subparagraph (3) of aparagraph motor(b) vehicleof towedsubsection pursuant2, tothe operator, by use of the provisionsInternet website of subsectionthe 1,Department, 2must orindependently 3:verify the registration status of the vehicle before towing the vehicle.

The operator shall retain evidence of such verification for not less than 1 year.

If an operator fails to comply with this subsection, the registered owner of the motor vehicle is not responsible for the cost of removal and storage of the vehicle.

5.

If a vehicle has been towed pursuant to subparagraph (3) of paragraph (b) of subsection 2 and the registered owner of the vehicle provides proof that the vehicle was registered pursuant to this chapter or chapter 482 of NRS or in any other state at the time the vehicle was towed:

(a) The operator shall immediately release the vehicle to the registered owner of the vehicle;

and (b) The registered owner is not responsible for the cost of removal and storage of the vehicle.

6.] The [registered] owner of a motor vehicle towed pursuant to the provisions of subsection 1, 2 or 3:

and (b) [Is][Is Except as otherwise provided in subsection 4 or 5 and subject] Subject to the provisions of subsection [9,] 7, is responsible for the cost of removal and storage of the motor vehicle.

[7.] The [registered] owner may rebut the presumption in subsection 4 [6] by showing that:

- 81st Session (2021) – 5 – (1) Pursuant to the provisions set forth in NRS 482.399 to 482.420, inclusive;

or (2)Senate AsAmendment indicatedNo. by a bill of sale for the vehicle that is signed by the [registered] owner;

or562 evidenceto that,Assembly beforeBill theNo. discovery of the vehicle, the [registered] owner filed an affidavit with the Department or a written report with an appropriate law enforcement agency alleging the theft of the vehicle.

301 First Reprint Page 8 (2) As indicated by a bill of sale for the vehicle that is signed by the [registered] owner;

or (b) The vehicle is stolen, if the [registered] owner submits evidence that, before the discovery of the vehicle, the [registered] owner filed an affidavit with the Department or a written report with an appropriate law enforcement agency alleging the theft of the vehicle.

An[8. operator shall not charge any fee or cost for the storage of the motor vehicle until at least 48 hours after the motor vehicle arrives and is registered at the place of storage.

Subject to the provisions of subsection 9 an] An operator shall not charge any fee or cost for the storage of the motor vehicle until at least 48 hours after the motor vehicle arrives and is registered at the place of storage.

[9.] 7.

The [registered] owner of the vehicle shall pay a hardship tariff for the cost of removal and storage of the motor vehicle if:

(a) A vehicle has been towed pursuant to subparagraph (2) [or (3)] of paragraph (b) of subsection 2;

(b) The [registered] owner of the vehicle does not provide proof that the vehicle was registered pursuant to this chapter or chapter 482 of NRS or in any other state at the time the vehicle was towed;

and (c) The [registered] owner, for reasons outside of his or her control as determined by the regulations adopted pursuant to this section, is incapable of paying the normal rate charged for the removal and storage of the motor vehicle.

 The Authority shall adopt regulations to carry out the provisions of this section, including, without limitation, establishing a range of hardship tariffs a person may pay pursuantion,pursuant to this section and setting forth what qualifies as a reason that is outside of the control of the [registered] owner.

[10.] 8.

(b) “Provide proof” includes, without limitation, [the registered owner] providing current registration documents in a physical format or in an electronic format as set forth in NRS 482.255 that predate the date on which the vehicle was towed.

(c) “Residential complex” means a group of apartments, condominiums or townhomes intended for use as residential units - 81st Session (2021) – 6 – and for which a common parking area is provided, regardless of whether each resident or unit has been assigned a specific parking space in the common parking area.

(Deleted by amendment.) 116.3102Sec. NR1.11Except as otherwise provided in this chapter, and subject to the provisions of the declaration, the association:

4.

NRS 116.3102 is hereby amended to read as follows:

116.3102 1.

Except as otherwise provided in this chapter, and subject to the provisions of the declaration, the association:

(d) May institute, defend or intervene in litigation or in arbitration, mediation or administrative proceedings in its own name on behalf of itself or two or more units’Senate ownersAmendment onNo. matters affecting the common-interest community.

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301 First Reprint Page 9 units’ owners on matters affecting the common-interest community.

(2) Any portion of the common-interest community that the associ(3) Any portion of the common-interest community that the association doesowns; not own but has an obligation to maintain, repair, insure or replace because the governing documents of the association expressly make such an obligation the responsibility of the association.

or (3) Any portion of the common-interest community that the association does not own but has an obligation to maintain, repair, insure or replace because the governing documents of the association expressly make such an obligation the responsibility of the association.

- 81st Session (2021) – 7 – (h) May acquire, hold, encumber and convey in its own name any right, title or interest to real estate or personal property, but:

(1) Common elements in a condominium or planned community may be conveyed or subjected to a security interest only pursua(2) Part of a cooperative may be conveyed, or all or part of a cooperative may be subjected to a security interest, only pursuant to NRS 116.3112.116.3112;

and (2) Part of a cooperative may be conveyed, or all or part of a cooperative may be subjected to a security interest, only pursuant to NRS 116.3112.

(n) May impose reasonable charges for the preparation and recordation of any amendments to the declaration or any statements of unpaid assessments, and impose reasonable fees, not to exceed the amounts authorized by NRS 116.4109, for preparing and fur(o)furnishing Maythe imposedocuments aand reasonablecertificate feerequired forby openingthat orsection. closing any file for each unit.

(o) May impose a reasonable fee for opening or closing any file for each unit.

(4) Except as otherwise provided in this subparagraph and subject to the limitation set forth in subparagraph (2), may increase, on an annual basis, by a percentage equal to the percentage of increase in the Consumer Price Index (All Items)Senate publishedAmendment byNo. the United States Department of Labor for the preceding calendar year.

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301 First Reprint Page 10 Items) published by the United States Department of Labor for the preceding calendar year.

- 81st Session (2021) – 8 – (p) May provide for the indemnification of its officers and executive board and maintain directors and officers liability insurance.

(q) May assign its right to future income, including the right to declarationreceive expresslyassessments sofor provides.enses,common expenses, but only to the extent the (r) May exercise any other powers conferred by the declaration orexpressly bylaws.so provides.

(r) May exercise any other powers conferred by the declaration or bylaws.

or (2) Poses an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units’ owners orverseor residents of the common-interest community.

- 81st Session (2021) – 9 – (a) The association’s legal position does not justify taking any or further enforcement action;

(c) Although a violation may exist or may have occurred, it is not so material as to be objectionable to a reasonable person or to justify expending the association’s resources;

Notwithstanding any provision of this chapter or the governing documents to the contrary, an association may not impose any assessment pursuant to this chapter or the governing documents on the owner of any property in the common-interestcommon- communitySenate thatAmendment isNo. exempt from taxation pursuant to NRS 361.125.

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301 First Reprint Page 11 interest community that is exempt from taxation pursuant to NRS 361.125.

[,]487.038 and1. NRS 116.3102 and 706.4477, the owner or person ins 3 and lawful possession of any real property may, after giving notice pursuant to subsection 2, utilize the services of any tow car operator subject to the jurisdiction of the Nevada Transportation Authority to remove any vehicle parked in an unauthorized manner on that property to the nearest public garage or storage yard if:

Except as otherwise provided in subsections 3 and 4 [,] and NRS 116.3102 and 706.4477, the owner or person in lawful possession of any real property may, after giving notice pursuant to subsection 2, utilize the services of any tow car operator subject to the jurisdiction of the Nevada Transportation Authority to remove any vehicle parked in an unauthorized manner on that property to the nearest public garage or storage yard if:

and - 81st Session (2021) – 10 – (c) The location to which the vehicle was taken.

Any vehicle which is parked in a space designated for persons with disabilities and is not properly marked for such parking may be removed if notice is given to the police department or displayedsheriff’s office pursuant to subsection 1.tion 2, whether or not a sign is 4.displayed pursuant to subsection 1.

4.

If the owner or person in lawful possession of real property and the tow operator agree that the vehicle is likely to be ultimately disposed of as an abandoned vehicle and that the estimated disposition value of a vehicle to be towed pursuant to this section is less than the estimated cost for the towing, storage and disposal of the vehicle, the owner or person in lawful possession of real property and the tow operator may enter into an agreement whereby the owner or person in lawful possession of real property makes a voluntary payment to the tow operator.

487.290Senate 1.Amendment No.

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301 First Reprint Page 12 487.290 1.

- 81st Session (2021) – 11 – (b) Vehicles to be restored or used as a source of parts in conjunction with the operation or maintenance of a fleet of vehicles for the carriage of persons or property.

(c) Premises used as a farm, ranch, mine or repair shop for mot(d)motor Anyvehicles. person engaged in the restoration of one or more vehicles entitled to registration as a Horseless Carriage or otherwise having classic or historic significance.

(d) Any person engaged in the restoration of one or more vehicles entitled to registration as a Horseless Carriage or otherwise having classic or historic significance.

~~~~~ 21 - 81st Session (2021)