Read the full stored bill text
- 83rd Session (2025)
Senate Bill No. 80–Committee on
Growth and Infrastructure
CHAPTER..........
AN ACT relating to motor vehicles; expanding to certain employees
of the Department of Motor Vehicles the authority to inspect
vehicles to determine rightful ownership or possession;
authorizing certain employees of the Department to apply for
certain court orders and complete necessary affidavits for
such orders; prohibiting a person from tampering with a
device for the control of emissions of a motor vehicle or
removing such a device from a motor vehicle; prohibiting a
person from possessing an electronic device capable of
tampering with a device for the control of emissions of a
motor vehicle; providing penalties; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law autho rizes an employee of the Department of Public Safety or a
local law enforcement agency whose primary responsibility is to conduct
investigations involving the theft of motor vehicles to inspect, under certain
circumstances, the identification numbers of a vehicle and the title or registration of
a vehicle or a part of the vehicle for the purpose of locating stolen vehicles. (NRS
480.610) Section 1 of this bill additionally authorizes an employee of the
Department of Motor Vehicles whose primary responsibility is to conduct
investigations involving the theft of motor vehicles to conduct such an inspection.
Existing law requires a person to obtain a n order from a court before installing
or using a pen register or trap and trace device, except as otherwise authorized by
federal law. Existing law authorizes a peace officer to apply for such an order if an
application is supported by an affidavit by a p eace officer that complies with
federal law. (NRS 179.530) Section 6 of this bill additionally authorizes personnel
of the Department of Motor Vehicles who have the powers of a peace officer to
apply for such an order from a court and complete the required supporting
affidavits.
Existing law makes it unlawful for a person to: (1) possess or issue fraudulent
or unauthorized evidence that a motor vehicle complies with the required
equipment for the control of emissions from engines; or (2) willfully and
knowingly fail to comply with any provision relating to the control of emissions
from engines. (NRS 445B.840) Section 7 of this bill prohibits a person from
tampering with a device for the control of emissions of a motor vehicle or removing
such a device from a motor vehicle. Section 7 establishes circumstances under
which exchanging the engine of a motor vehicle for a different engine does not
violate this prohibition. Section 7 additionally prohibits a person from possessing
an electronic device capable of tampering with a device for the control of emissions
of a motor vehicle. A violation of the prohibitions imposed by section 7 would be a
misdemeanor. (NRS 445B.845)
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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:
Section 1. NRS 480.610 is hereby amended to read as follows:
480.610 1. For the purpose of locating stolen vehicles, except
as otherwise provided in subsection 3, an employee of the
Department of Public Safety, the Department of Motor Vehicles or
a local law enforcement agency whose primary responsibility is to
conduct investigations involving the theft of motor vehicles, may
inspect:
(a) The identification numbers of a vehicle that is on the
highway or in any garage, repair shop, terminal, pa rking facility,
establishment where new or used vehicles or equipment for vehicles
are sold, leased or rented, vehicle salvage pool or any other similar
establishment, or any commercial location where agricultural or
construction work is being actively performed; and
(b) The title or registration of a vehicle described in paragraph
(a) to determine the rightful ownership or possession of the vehicle
or an identifiable component part.
2. Whenever possible, a person who conducts an inspection
pursuant to t his section shall conduct the inspection during normal
business hours and in such a manner as to minimize any interference
with or delay of the business operations of the establishment where
the inspection takes place.
3. A person may not conduct an insp ection pursuant to this
section of a terminal that is privately owned or a parking facility that
is privately owned unless, before conducting the inspection, the
person obtains permission to conduct the inspection from:
(a) The owner of the terminal or parking facility; or
(b) An agent or representative of the owner who has been
authorized by the owner to grant permission to a person seeking to
conduct an inspection pursuant to this section.
4. As used in this section:
(a) “Garage” has the meaning ascribed to it in NRS 487.540.
(b) “Identifiable component part” means a component of a
motor vehicle that may be distinguished from other similar
components by a serial number or other distinguishing number, sign
or mark.
(c) “Local law enforcement agency” means:
(1) The sheriff’s office of a county;
(2) A metropolitan police department; or
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(3) A police department of an incorporated city.
(d) “Parking facility” means a parking deck, parking garage,
parking structure or paved or unpaved parking lot t hat members of
the public regularly enter, are reasonably likely to enter, or are
invited or permitted to enter as invitees or licensees.
(e) “Terminal” means a terminal that members of the public
regularly enter, are reasonably likely to enter, or are in vited or
permitted to enter as invitees or licensees.
(f) “Vehicle” has the meaning ascribed to it in NRS 482.135.
Secs. 2-5. (Deleted by amendment.)
Sec. 6. NRS 179.530 is hereby amended to read as follows:
179.530 1. Except as otherwise provide d in 18 U.S.C. §§
3121-3127, a person shall not install or use a pen register or trap and
trace device without first obtaining an order from a district court of
this State.
2. District courts of this State may issue orders authorizing the
installation and use of a pen register or trap and trace device upon
the application of a district attorney, the Attorney General or their
deputies or of a peace officer, supported by an affidavit of a peace
officer under the circumstances and upon the conditions prescri bed
by 18 U.S.C. §§ 3121-3127.
3. The district court may accept a facsimile or electronic copy
of the signature of any person required to give an oath or affirmation
as part of an application submitted pursuant to subsection 2 as an
original signature to the application.
4. Secure electronic transmission may be used for the
submission of an application and affidavit required by subsection 2
and for the issuance of an order authorizing the installation and use
of a pen register or trap and trace device. The Nevada Supreme
Court may adopt rules not inconsistent with the laws of this State to
carry out the provisions of this subsection.
5. A public utility that relies, in good faith, upon an order of a
district court authorizing the installation and use of a pen register or
trap and trace device is not liable in any civil or criminal action
brought against the public utility for the installation and use of the
pen register or trap and trace device in accordance with the order of
the court.
6. As used in this section:
(a) “Peace officer” means:
(1) Sheriffs of counties and metropolitan police departments
and their deputies;
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(2) Personnel of the Department of Public Safety and the
Department of Motor Vehicles who have the powers of peace
officers pursuant to NRS 289.270;
(3) Police officers of cities and towns;
(4) Agents of the Nevada Gaming Control Board who are
investigating any violation of subsection 2 or 3 of NRS 463.360 or
chapter 465 of NRS;
(5) Special investigators employed by the A ttorney General
who have the powers of peace officers pursuant to NRS 289.170;
(6) Investigators employed by a district attorney who have
the powers of peace officers pursuant to NRS 289.170;
(7) The Inspector General of the Department of Corrections
and the criminal investigators employed by the Department who
have the powers of peace officers pursuant to NRS 289.220; and
(8) Federal law enforcement officers who are members of a
task force composed of federal and state or local law enforcement
agencies.
(b) “Pen register” has the meaning ascribed to it in 18 U.S.C.
§ 3127(3).
(c) “Secure electronic transmission” means the sending of
information from one computer system to another computer system
in such a manner as to ensure that:
(1) No person o ther than the intended recipient receives the
information;
(2) The identity and signature of the sender of the
information can be authenticated; and
(3) The information which is received by the intended
recipient is identical to the information that was sent.
(d) “Trap and trace device” has the meaning ascribed to it in 18
U.S.C. § 3127(4).
Sec. 7. NRS 445B.840 is hereby amended to read as follows:
445B.840 1. It is unlawful for any person to:
[1.] (a) Possess any unauthorized evidence of compliance;
[2.] (b) Make, issue or use any imitation or counterfeit evidence
of compliance;
[3.] (c) Willfully and knowingly fail to comply with the
provisions of NRS 445B.700 to 445B.815, inclusive, or any
regulation adopted by the Department of Motor Vehicles; [or
4.] (d) Issue evidence of compliance if he or she is not a
licensed inspector of an autho rized inspection station, authorized
station or fleet station [.] ;
(e) Except as otherwise provided in subsection 2, tamper with a
device for the control of emissions of a motor vehicle or remove
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such a device from a motor vehicle, including, without li mitation,
exchanging the engine of a motor vehicle for a different engine ;
or
(f) Possess an electronic device capable of tampering with a
device for the control of emissions of a motor vehicle.
2. A person does not violate paragraph (e) of subsection 1 by
exchanging the engine of a motor vehicle for:
(a) An electric motor; or
(b) A different engine if any device for the control of emissions
of a motor vehicle that is included with the engine being inserted
into the motor vehicle is operational.
Sec. 8. (Deleted by amendment.)
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