Nevada 2023 Regular Session Status: Enacted

SB 346 — Revises provisions relating to motor vehicles. (BDR 43-458)

Last action — Chapter 233.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 20, 2023. Enacted.

Signed by Governor Joe Lombardo (Republican) on June 07, 2023.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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Prognosis

Advancing 50% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

525 added · 481 removed

525 line(s) added, 481 removed.

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REQUIRES TWO-THIRDS MAJORITY VOTE (§ 3) (Reprinted with amendments adopted on April 24, 2023) FIRST REPRINT S.B.
Senate Bill No.
346 SENATE B ILLN O .
346–Senator Spearman CHAPTER..........
346–SENATOR S PEARMAN M ARCH 20, 2023 ____________ Referred to Committee on Growth and Infrastructure SUMMARY—Revises provisions relating to motor vehicles.
(BDR 43-458) 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.
revising requirements for a person to be appointed to issue salvage titles on behalf of the Department;
Existing law authorizes the Department of Motor Vehicles to establish an through which documentation may be submitted and certain transactions may becation conducted through electronic means.
electronic branch office consisting of an Internet website or software application through which documentation may be submitted and certain transactions may be conducted through electronic means.
- *SB346_R1* – 2 – electronic submission and storage of documents, the Department allow only certain institutions and persons to apply for and participate in the program.
Existing law requires that if the Department establishes a program for the institutions and persons to apply for and participate in the program.
(NRS 482.294) Section 3 of this bill eliminates the limitations on persons who may participate in the program, thereby authorizing applications and participation by all persons.
(NRS 482.294) Section 3 of this bill eliminates the limitations on persons participation by all persons.
Section 4 of this bill eliminates references to the submitted electronically, providing for such waiver for any participant whots complies with all requirements of the program.
Section 4 of this bill eliminates references to the limited institutions and persons whose signatures may be waived for documents submitted electronically, providing for such waiver for any participant who complies with all requirements of the program.
(1) certain information to be contained on the face of a certificate of registration of a vehicle;
(1) certain information to be contained on the face of a contained on the face or reverse, as applicable, of a certificate of title of a vehicle.
and (2) certain information and forms to be contained on the face or reverse, as applicable, of a certificate of title of a vehicle.
Existing law requires, upon a transfer of the title to, or interest of an owner in, a write their signatures with pen and ink, along with other information, upon theeree to reverse side of the certificate of title.
- 82nd Session (2023) – 2 – vehicle, the person whose title or interest is to be transferred and the transferee to, a write their signatures with pen and ink, along with other information, upon the reverse side of the certificate of title.
and (2) authorizes a wholesale vehicle auctioneer to stamp electronically the information required by these provisions.
and (2) authorizes a wholesale provisions.tioneer to stamp electronically the information required by these Sections 1.2 and 5.1 of this bill define the term “autocycle.” Sections 1.6 and 5.5 of this bill amend the definition of the term “motorcycle” to exclude autocycles.
5.5 of this bill amend the definition of the term “motorcycle” to exclude autocycles.
Section 5.7 of this bill prohibits, with certain exceptions, a person from driving an autocycle upon an highway unless that person holds a driver’s license.
Section 5.7 of this bill prohibits, with certain exceptions, a person from driving an autocycle upon a highway unless that person holds a driver’s license.
Existing law requires the driver and passengers of certain vehicles to wear protective headgear and certain other protective devices when those vehicles are being driven on a highway.
Existing law requires the driver and passengers of certain vehicles to wear protective headgear and certain other protective devices when those vehicles are when an autocycle is being driven on a highway, the driver and passengers are not required to wear protective headgear.
(NRS 486.231) Section 5.9 of this bill provides that, when an autocycle is being driven on a highway, the driver and passengers are not reqExisting law:
Existing law:
- *SB346_R1* – 3 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
agent of the Department to issue salvage titles and establishes certain requirements for the Department and proposed agent to enter into such an arrangement.
(NRS 487.815) Section 5.93 of this bill defines such a person as a “salvage title agent.” Section 5.97 of this bill revises the requirements imposed on the Department and the proposed agent.
Section 5.95 of this bill makes a conforming change to indicate the proper placement of section 5.93 in the Nevada Revised Statutes.
EXPLANATION – Matter in bolded italics is new;
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:
The Department may maintain such branch offices throughout the State as the Director may deem necessary to the efficient operation of the Department and the various divisions thereof in space provided by the Buildings and Grounds Section.
The Department may maintain such branch offices throughout the State as the Director may deem necessary to the efficient operation of the Department and the various divisions - 82nd Session (2023) – 3 – Any leases or agreements entered into pursuant to this subsection must be executed in accordance with the provisions of NRS 331.110.
Any leases or agreements entered into pursuant to this subsection must be executed in accordance with the provisions of NRS 331.110.
(c) The recording and electronic transmission between the Department, other states and law enforcement of information relating to citations and crashes, collisions, accidents and other casualties.
(c) The recording and electronic transmission between the relating to citations and crashes, collisions, accidents and other casualties.
(d) The acceptance of electronic signatures.
(f) The issuance of registration credentials pursuant to NRS 482.217.
(f) The issuance of registration credentials pursuant to NRS4.
- *SB346_R1* – 4 – 4.
2.
- 82nd Session (2023) – 4 – 2.
Uses foot pedals to control the braking and acceleration of the vehicle;
Uses foot pedals to control the braking and acceleration of the5.ehiDoes not require the operator or passengers to straddle or sit astride the vehicle;
5.
Does not require the operator or passengers to straddle or sit astride the vehicle;
2.
the date issued, the name and address of the registered owner andf] the owner or lienholder, if any, a description of the vehicle, any entries required by NRS 482.423 to 482.428, inclusive, 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.
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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 required by NRS 482.423 to 482.428, inclusive, 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 - *SB346_R1* – 5 – may be determined by the Department.
If a new certificate of title is issued for a vehicle, it must contain the same information as the replaced certificate, except to the extent that the information has changed after the issuance of the replaced certificate.
If a new certificate of title is issued for a vehicle, it must contain the same information as the replaced certificate, except to the extent that the information has changed after the issuance of the replaced - 82nd Session (2023) – 5 – certificate of title of a vehicle which the Department knows to have been stolen must not contain any statement or other indication that the mileage specified in the certificate or registered on the odometer is anything other than the actual mileage traveled by the vehicle, in the absence of proof that the odometer of the vehicle has been disconnected, reset or altered.
Except as otherwise required by federal law, the certificate of title of a vehicle which the Department knows to have been stolen must not contain any statement or other indication that the mileage specified in the certificate or registered on the odometer is anything other than the actual mileage traveled by the vehicle, in the absence of proof that the odometer of the vehicle has been disconnected, reset or altered.
and (2) The provisions of any regulations adopted pursuant thereto, have been executed and submitted to the Department.
and thereto,2) The provisions of any regulations adopted pursuant have been executed and submitted to the Department.
(b) The process for submission of an application by a person who desires to participate in the program and the fee, if any, that must accompany the application for participation.
(b) The process for submission of an application by a person must accompany the application for participation.
(c) The criteria that will be applied by the Department in determining whether to approve an application to participate in the program.
fee, if any, that (c) The criteria that will be applied by the Department in determining whether to approve an application to participate in the program.
- *SB346_R1* – 6 – (d) The standards for ensuring the security and integrity of the process for issuance and renewal of a certificate of registration and a certificate of title, including, without limitation, the procedure for a financial and performance audit of the program.
(d) The standards for ensuring the security and integrity of the process for issuance and renewal of a certificate of registration and a certificate of title, including, without limitation, the procedure for a financial and performance audit of the program.
(e) The terms and conditions for participation in the program and any restrictions on the participation.
- 82nd Session (2023) – 6 – and any restrictions on the participation.ipation in the program (f) The contents of a written agreement that must be on file with the Department before a participant may submit a document by electronic means to the Department.
(f) The contents of a written agreement that must be on file with the Department before a participant may submit a document by electronic means to the Department.
(g) The conditions under which the Department may revoke the approval of a person to participate in the program, including, without limitation, failure to comply with this section and NRS 482.294 and the regulations adopted pursuant thereto.
approval of a person to participate in the program, including,e without limitation, failure to comply with this section and NRS 482.294 and the regulations adopted pursuant thereto.
and (2) The provisions of any regulations adopted pursuant thereto, to the extent that such provisions relate to the submission and retention of documents used for the transfer of the ownership of vehicles.
and (2) The provisions of any regulations adopted pursuant thereto, to the extent that such provisions relate to the submission and retention of documents used for the transfer of the ownership of veh4.
4.
If the Department approves an application for a person to participate in a program established pursuant to NRS - *SB346_R1* – 7 – 482.293, that participant may submit, by electronic means, a document that is required to be submitted pursuant to this chapter for the issuance or renewal of a certificate of registration or a certificate of title.
If the Department approves an application for a person to participate in a program established pursuant to NRS 482.293, that participant may submit, by electronic means, a document that is required to be submitted pursuant to this chapter - 82nd Session (2023) – 7 – certificate of title.enewal of a certificate of registration or a 2.
2.
Sec.
4.5.
NRS 482.3797 is hereby amended to read as follows:
The Department shall:
The Department shall:amended to read as follows:
and (c) Otherwise complies with the requirements for registration and licensing pursuant to this chapter.
and (c) Otherwise complies with the requirements for registration and3.
3.
The fee for the issuance of special license plates is [$125,] $90, in addition to the registration fees set forth in NRS 482.480 and 482.482, as applicable , and governmental services taxes.
The fee for the issuance of special license plates is [$125,] $81, in addition to the registration fees set forth in NRS 482.480 and 482.482, as applicable , and governmental services taxes.
- *SB346_R1* – 8 – 5.
- 82nd Session (2023) – 8 – registration, license and license plate fees, shall deposit the fees collected pursuant to subsection 3 with the State Treasurer for credit to the State General Fund.
The Department, after deducting the costs of all applicable registration, license and license plate fees, shall deposit the fees collected pursuant to subsection 3 with the State Treasurer for credit to the State General Fund.
Except as otherwise provided in this subsection and subsections 3, 6 and 7, and NRS 482.247, 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 be transferred and the transferee shall [write their signatures with pen and ink upon] sign in writing or electronically 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.
Except as otherwise provided in this subsection and subsections 3, 6 and 7, and NRS 482.247, upon a transfer of the certificate of title under the provisions of this chapter, the person or a persons whose title or interest is to be transferred and the transferee shall [write their signatures with pen and ink upon] sign in writing or electronically 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.
Within 5 days after the 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 be transferred may submit electronically to the Department a notice of the transfer.
Within 5 days after the 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 be transferred may submit electronically to the 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.
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.
3.
- 82nd Session (2023) – 9 – 3.
The form must be produced in a manner which ensures that the form may not be easily - *SB346_R1* – 9 – counterfeited.
The form must be produced in a manner which ensures that the form may not be easily counterfeited.
Upon the attachment of the form to a certificate of title issued for a vehicle, the form becomes a part of that certificate of title.
Upon the attachment of the form to a certificate of of title.
The Department may charge a fee not to exceed the cost to provide the form.
The Department may charge a fee not to exceed the cost tocate provide the form.
(1) Does not take an ownership interest in 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 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 - 82nd Session (2023) – 10 – the vehicle.
As used in this section, “wholesale vehicle auctioneer” means a dealer who:
As used in this section, “wholesale vehicle auctioneer” mea(a) Is engaged in the business of auctioning consigned motor vehicles to vehicle dealers or automobile wreckers, or both, who are licensed as such in this or any other state;
- *SB346_R1* – 10 – (a) Is engaged in the business of auctioning consigned motor vehicles to vehicle dealers or automobile wreckers, or both, who are licensed as such in this or any other state;
486.011 As used in NRS 486.011 to 486.381, inclusive, and section 5.1 of this act, unless the context otherwise requires, the words and terms defined in NRS 486.031 to 486.057, inclusive, and section 5.1 of this act have the meanings ascribed to them in those sections.
486.011 As used in NRS 486.011 to 486.381, inclusive, and section 5.1 of this act, unless the context otherwise requires, the words and terms defined in NRS 486.031 to 486.057, inclusive, and sections..1 of this act have the meanings ascribed to them in those Sec.
Sec.
A motorcycle, except a trimobile, upon a highway unless that person holds a valid motorcycle driver’s license issued pursuant to NRS 486.011 to 486.381, inclusive, a driver’s license issued pursuant to chapter 483 of NRS endorsed to authorize the holder to drive a motorcycle or a permit issued pursuant to subsection 4 or 5 of NRS 483.280.
A motorcycle, except a trimobile, upon a highway unless that person holds a valid motorcycle driver’s license issued pursuant to NRS 486.011 to 486.381, inclusive, a driver’s license issued - 82nd Session (2023) – 11 – pursuant to chapter 483 of NRS endorsed to authorize the holder to drive a motorcycle or a permit issued pursuant to subsection 4 or 5 of NRS 483.280.
A trimobile upon a highway unless that person holds a valid motorcycle driver’s license issued pursuant to NRS 486.011 to 486.381, inclusive, or a driver’s license issued pursuant to chapter 483 of NRS.
A trimobile upon a highway unless that person holds a valid 486.381, inclusive, or a driver’s license issued pursuant to chapter of NRS.
- *SB346_R1* – 11 – 3.
3.
When a three-wheel vehicle, except a trimobile, on which the driver and passengers ride within an enclosed cab is being driven on a highway, the driver and passengers are not required to wear the protective devices required by this section.
When a three-wheel vehicle, except a trimobile, on which the driver and passengers ride within an enclosed cab is being driven protective devices required by this section.not required to wear the 6.
6.
5.93.
Chapter 487 of NRS is hereby amended by adding thereto a new section to read as follows:
“Salvage title agent” means a person who enters into a contract with, and is appointed and authorized by, the Department to issue salvage titles pursuant to the provisions of NRS 487.810 and 487.815.
Sec.
5.95.
NRS 487.710 is hereby amended to read as follows:
487.710 As used in NRS 487.710 to 487.890, inclusive, and section 5.93 of this act, unless the context otherwise requires, the words and terms defined in NRS 487.720 to 487.790, inclusive, and - 82nd Session (2023) – 12 – sections..93 of this act have the meanings ascribed to them in those Sec.
5.97.
NRS 487.815 is hereby amended to read as follows:
487.815 1.
The Department may by contract appoint any person as [an] a salvage title agent of the Department to issue those salvage titles which the Department is authorized to issue pursuant to NRS 487.810.
[An] A salvage title agent appointed pursuant to this section shall charge and collect the fee required by NRS 487.810 for the issuance of a salvage title and remit it to the Department.
Fees remitted to the Department pursuant to this subsection must be deposited with the State Treasurer for credit to the Revolving Account for the Issuance of Salvage Titles created by NRS 487.825.
2.
Before entering into a contract pursuant to subsection 1, [the Department must require:
(a) Each natural person who will be authorized to issue a salvage title on behalf of the proposed] an applicant for appointment as a salvag(1)] must:ent [to:
(a) File with the Department, on a form prescribed by the Department, an application which contains, without limitation, his or her social security number.
(b) Submit to the Department a complete set of his or her fingerprints and written permission authorizing the Department to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report .
[;
and (2)] (c) Pay a fee for the processing of fingerprints.
The Department shall establish by regulation the fee for processing fingerprints.
The fee must not exceed the sum of the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.
(d) Procure and file with the Department a good and sufficient bond in an amount of not less than $50,000, with a corporate surety thereon licensed to do business in the State of Nevada, approved as to form by the Attorney General, and conditioned upon the [proposed agent] applicant remitting to the Department the full amount of any fee he or she is required to collect pursuant to subsection 1.
In lieu of a bond, the [proposed agent] applicant may deposit with the State Treasurer a like amount of lawful money of the United States.
- 82nd Session (2023) – 13 – 3.
The Department may, as the Director of the Department deems appropriate:
(a) Investigate the actions of [an] a salvage title agent appointed pursuant to subsection 1.
(c) Inspect the premises of the salvage title agent during regular.
business hours to determine the salvage title agent’s compliance with the contract entered into pursuant to subsection 1.
The Department may require the salvage title agent to pay to the Department an amount equal to the allowance provided for state officers and employees generally while traveling outside of the State for each day or fraction thereof during which an employee of the Department is engaged in any investigation or examination made at any premises of the salvage title agent located outside this State, plus any other actual expenses incurred by the employee while he or she is absent from his or her regular place of employment to conduct the investigation or examination outside this State.
Sec.
Sections 1, 2, 3, 4 and 5 of this act become effective:
Sections 1, 2, 3, 4, 5, 5.93, 5.95 and 5.97 of this act become effective:
Sections 1.2, 1.4, 1.6, 4.5 and 5.1 to 5.9, inclusive, of this act become effective on the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the provisions of those sections.
Sections 1.2, 1.4, 1.6, 4.5 and 5.1 to 5.9, inclusive, of this act become effective on the date on which the Director of the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the provisions of those sections.
H - *SB346_R1*
~~~~~ 23 - 82nd Session (2023)
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Amendments

2 amendments

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Action History

  1. Chapter 233.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. Assembly Amendment No. 595 concurred in. To enrollment.

  5. In Senate.

  6. From printer. To reengrossment. Reengrossed. Second reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 42, Nays: None.) To Senate.

  7. Read second time. Amended. (Amend. No. 595.) To printer.

  8. From committee: Amend, and do pass as amended.

  9. In Assembly. Read first time. Referred to Committee on Growth and Infrastructure. To committee.

  10. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 21, Nays: None.) To Assembly.

  11. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 191.) To printer.

  12. From printer. To committee.

  13. Read first time. Referred to Committee on Growth and Infrastructure. To printer.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors SB 346?
SB 346 is sponsored by Pat Spearman.
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This bill has been enacted into law. Introduced March 20, 2023. Enacted.
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