Existing law requires a person who wishes to engage in the business of a document preparation service to register with the Secretary of State. (NRS 240A.100) A document preparation service is a person who, for compensation, provides assistance to a client with certain legal matters, including preparing or completing a pleading, application or other document and submitting a completed document on behalf of a client to a court or administration agency. (NRS 240A.030)
This bill authorizes a document preparation service to additionally operate as either a Class I or Class II authorized third party. Sections 5-7 of this bill define terms related to authorized third parties, including the terms “Class I authorized third party” and “Class II authorized third party.” Section 10 of this bill authorizes a person to engage in the activities of a Class II authorized third party if the person is registered as a document preparation service and holds a local business license. Section 11 of this bill prohibits a person from acting as a Class I authorized third party without a license issued by the Department of Motor Vehicles and provides the requirements to obtain a license including, without limitation, being registered as a document preparation service, providing fingerprints and passing a criminal background check. Sections 12-14 of this bill establish: (1) additional requirements to obtain or renew a license as a Class I authorized third party; and (2) grounds for the Department to refuse to issue or renew, or to suspend or revoke a license as a Class I authorized third party. Section 15 of this bill provides the circumstances under which an employee of a Class I authorized third party may provide certain services. Section 16 of this bill requires an authorized third party to obtain and compile any records required by the Department.
Section 9 of this bill sets forth the services that a Class I and Class II authorized third party may provide, which are: (1) providing applications for certain motor vehicle and off-highway vehicle registration and titling services; (2) accepting those applications; (3) obtaining on behalf of a customer or, in the case of a Class I authorized third party, issuing certificates of registration, certificates of title, certain license plates, decals and certain permits authorizing the travel on the highways of this State of an unregistered vehicle in certain circumstances; (4) notarizing certain documents; (5) submitting change of address information; (6) accepting license plates that are required to be surrendered to the Department; and (7) submitting information to the Department on behalf of customers claiming certain exemptions from the governmental services tax. Section 9 further: (1) authorizes an authorized third party to charge its customers a convenience fee for its services and sets forth a certain portion of each statutory fee for services which may be retained by a Class I authorized third party; and (2) requires an authorized third party to remit all fees due to the Department and collected by the authorized third party not less than daily. Section 8 of this bill requires the Department to provide a Class I authorized third party: (1) access to those portions of the Department database or other technology systems required to provide the authorized services; (2) training in the provision of such services; and (3) notice of any relevant new regulations, policies or procedures; and (4) the ability to purchase bulk amounts of certificates of registration, certificates or title, certain license plates, decals, permits and other forms. Section 9 further requires the Department to provide a Class II authorized third party: (1) access to make certain appointments with the Department; (2) access to a separate window at each office of the Department in an incorporated city whose population is 500,000 or more (currently the City of Las Vegas); and (3) a written summary of certain policies and procedures of the Department and the rights and responsibilities of Class II authorized third parties.
Sections 1-4 and 17-78 of this bill make conforming changes authorizing an authorized third party to perform certain services and duties designated to the Department of a registered dealer under existing law consistent with sections 5-16.
Existing law requires that certain motor vehicles be tested for emissions in certain counties in this State. (NRS 445B.770-445B.815) As part of the emissions testing program, the Department collects fees for each set of forms purchased for use to certify emission control compliance. (NRS 445B.830) Section 79 of this bill requires the State Department of Conservation and Natural Resources to ensure that such forms use the same terms regarding the make, model and features of a vehicle as any other forms of the Department that are used for vehicle inspections.
Existing law imposes certain requirements on the towing of a vehicle from a residential complex when the tow is at the request of a person other than the owner of the vehicle. (NRS 706.4477) Section 80 of this bill requires a tow operator who has been requested by the owner of the real property where the residential complex is located, or an authorized agent of the owner, to tow a vehicle from the residential complex based on a lack of registration of the vehicle to independently verify the registration status of the vehicle before towing the vehicle. Under section 80, a tow operator who fails to comply with that requirement is responsible for the cost of the towing and storage of the vehicle.
Section 81 of this bill requires the Legislative Auditor to conduct an audit of the Department which measures the accuracy and average time of completion of transactions involving certain services that the Department of Motor Vehicles or an agent of the Department may provide. The Legislative Auditor is required to present a final written report to the Audit Subcommittee of the Legislative Commission not later than July 1, 2026.