AB 290 — Revises provisions governing motor vehicles. (BDR 43-620)

EXEMPTAssembly (ReprintedBill withNo. amendments adopted on April 17, 2023) FIRST REPRINT A.B.

290290–Assemblymen ABrown-May; SSEMBLY B ILLN O.

290–ASSEMBLYMENCarter, BROWND’Silva, -MGonzález, AYHafen, ;Koenig, Nguyen and Torres Joint Sponsor:

ARTERSenator ,Goicoechea D’SCHAPTER.......... ILVA, GONZÁLEZ , KOENIG, NGUYEN AND TORRES M ARCH 14, 2023 ____________ JOINT SPONSOR :

ENATOR GOICOECHEA ____________ Referred to Committee on Growth and Infrastructure SUMMARY—Revises provisions governing motor vehicles.

(BDR 43-620) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

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

LegislativeLegiExisting Counsel’slaw Digest:provides that whenever application is made to the Department of Motor Vehicles for registration of a motor vehicle of which the ownership has been transferred, the person transferring the vehicle is authorized to designate the person receiving the vehicle to provide the information required by the Department relating to odometer disclosures if the:

Existing law provides that whenever application is made to the Department of transferred, the person transferring the vehicle is authorized to designate the person receiving the vehicle to provide the information required by the Department relating to odometer disclosures if the:

(NRS 482.415) Section 4 of this bill provides instead that this process applies to the registration of a motor vehicle of which the model year is 201Section2011Section 1 of this bill authorizes a dealer licensed in this State and the purchaser of a vehicle to enter into a written return agreement to cancel the sale.

Section 1 provides that if such a written agreement is entered into, the dealer may submit an furtherapplication requires,to under certain circumstances, the Department of Motor Vehicles tonfor 1 - *AB290_R1* – 2 – issue a certificate of titletitle. not later than 7 days after receiving such an application.

Finally,Section section1 1:further requires the Department of Motor Vehicles to issue a certificate of title after circumstances, a dealer from selling in this State the vehicle that is the subject of such a cancellation of sale until the dealer receives the certificate of title from the Department of Motor Vehicles;

(1)(2) prohibits, under certain circumstances, a dealer from selling in this State the vehicle that is the subject of such a cancellation of sale until the requires a dealer to retain the written return agreement to cancel a vehicle sale with the sales records for the transaction;

Section 2 of this bill makes a conforming change to indicate the proper plaSectionplacSection 3 of this bill creates an exception to the general requirement that an existing certificate of title be endorsed by the transferor and transferee when an ownership interest in the vehicle is transferred.

(NRS 482.400) THE- PEOPLE82nd OFSession THE(2023) STATE– OF2 NEVADA,– REPRESENTEDEXPLANATION IN– SENATEMatter ANDin ASSEMBLY,bolded DOitalics ENACTis ASnew; FOLLOWS:

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

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

If a dealer and purchaser enter into a written return agreement to cancel the sale of a vehicle pursuant to subsection 1, the dealer may submit an application for a certificate of title to the Department of Motor Vehicles.

and (d) If the Department of Motor Vehicles has not issued a certificate of title for the vehicle in relation to the sale, the - *AB290_R1* – 3 – certificate of title upon which the title transfer to the purchaser was made.

Except as otherwise provided in subsection 8, if an application for a certificate of title requests the expedited processing of the application, not later than 7 days after receiving the application, the Department of Motor Vehicles shall issue the certificate of title to thethe(a) The dealer thatas setsthe forth:owner of the vehicle;

(a) The dealer as the owner of the vehicle;

- 82nd Session (2023) – 3 – 4.

Except as otherwise provided in subsection 8, if an application for a certificate of title submitted pursuant to subsection 2 does not request the expedited processing of the application, the Department of Motor Vehicles shall at its standard processingforth:sing time, issue the certificate of title to the dealer that sets forth:(a) The dealer as the owner of the vehicle;

(a) The dealer as the owner of the vehicle;

482.245the 1.face thereof the date issued, the registration number assigned to the vehicle, the name and address of the registered owner, the county where the vehicle is to be based unless it is deemed to have no base, a description of the registered vehicle and such other statement of facts as may be determined by the Department.

The certificate of registration must contain upon the face thereof the date issued, the registration number assigned to the vehicle, the name and address of the registered owner, the county where the vehicle is to be based unless it is deemed to have no base, a description of the registered vehicle and such other statement of facts as may be determined by the Department.

The certificate of title must contain upon the face thereof the date issued, the name and address of the registered owner and the owner or lienholder, if any, a description of the vehicle, any entries - *AB290_R1* – 4 – required by NRS 482.423 to 482.428, inclusive, and section 1 of this act, a reading of the vehicle’s odometer as provided to the Department by the person making the sale or transfer, the word “rebuilt” if it is a rebuilt vehicle, the information required pursuant to subsection 4 of NRS 482.247 if the certificate of title is a certificate of title in beneficiary form pursuant to NRS 482.247 and such other statement of facts as may be determined by the Department.- 82nd Session (2023) – 4 – forms for notice to the Department of a transfer of the title orntain interest of the owner or lienholder and application for registration by the transferee.

The reverse side of the certificate of title must contain forms for notice to the Department of a transfer of the title or interest of the owner or lienholder and application for registration by the transferee.

Except as otherwise provided in this subsection and subsections 3, 6 and 7, and NRS 482.247, and section 1 of this act, upon a transfer of the title to, or the interest of an owner in, a vehicle registered or issued a certificate of title under the provisions of this chapter, the person or persons whose title or interest is to bebes transferred and the transferee shall write their signatures with pen and ink upon the certificate of title issued for the vehicle, together with the residence address of the transferee, in the appropriate spaces provided upon the reverse side of the certificate.

The Department may provide, by request and at the discretion of the Department, information submitted to the Department pursuant to this section to a tow car operator or other interested party.

- *AB290_R1* – 5 – (a) Procedures for electronic submissions pursuant to this section;

The form must be produced in- a82nd mannerSession which(2023) ensures– that5 the– form may not be easily counterfeited.

(a) The transferee shall, within 30 days after that consignment, provide the wholesale vehicle auctioneer with the certificate of title for the vehicle, executed as required by subsection 1, and any otherotherle documents necessary to obtain another certificate of title for the vehicle.

A charitable organization which intends to sell a vehicle which has been donated to the organization must deliver immediately to the Department or its agent the certificate of registration and the license plate or plates for the vehicle, if the license plate or plates have not been removed from the vehicle.

The charitable organization must not be required to register, pay a transfer or registration fee for, or pay a governmental services tax on - *AB290_R1* – 6 – the vehicle.