Assembly Bill No. 16–Committee on Judiciary
Prefiled January 7, 1999
(On Behalf of Legislative Commission’s Study Concerning Fees, Fines, Forfeitures and Administrative Assessments)
____________
Referred to Committee on Judiciary
SUMMARY—Provides for nonrenewal of registration of motor vehicle or driver’s license of defendant who is delinquent in payment of fine, administrative assessment, fee or restitution. (BDR 14-177)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. Chapter 176 of NRS is hereby amended by adding thereto1-2
the provisions set forth as sections 2 and 3 of this act.1-3
Sec. 2. 1. In addition to any other action authorized pursuant to1-4
NRS 176.064, if a fine, administrative assessment, fee, restitution or other1-5
charge is imposed upon a defendant for a violation of a law, a regulation1-6
or an ordinance in this state and the defendant is the registered owner of1-7
a motor vehicle or has a driver’s license issued by the State of Nevada,1-8
whether or not the fine, administrative assessment, fee, restitution or1-9
other charge is in addition to any other punishment, and the fine,1-10
administrative assessment, fee, restitution or other charge or any part of it1-11
remains unpaid after the time established by the court for its payment, the2-1
court may, on its own motion or at the request of a state or local entity2-2
that is responsible for collecting the delinquent fine, administrative2-3
assessment, fee, restitution or other charge, file a notice of nonpayment2-4
with the department of motor vehicles and public safety.2-5
2. The notice of nonpayment must include:2-6
(a) The time, place and date of each violation;2-7
(b) If the defendant is a registered owner of a motor vehicle, the2-8
number of the license plate of the motor vehicle of the defendant and the2-9
make and model year of the motor vehicle of the defendant;2-10
(c) If the defendant has a driver’s license issued by the State of2-11
Nevada, the number of the driver’s license of the defendant;2-12
(d) The total amount of a delinquent fine, administrative assessment,2-13
fee, restitution or other charge owed by the defendant; and2-14
(e) Any other information the department of motor vehicles and public2-15
safety may require.2-16
3. The department of motor vehicles and public safety shall prescribe2-17
the form for the notice of nonpayment and may adopt such regulations as2-18
are necessary to carry out the provisions of this section.2-19
Sec. 3. If a court files with the department of motor vehicles and2-20
public safety a notice of nonpayment pursuant to section 2 of this act and2-21
the registered owner of the motor vehicle for which the department2-22
received the notice pays the fine, administrative assessment, fee,2-23
restitution or other charge imposed against him, the court shall issue to2-24
the registered owner a receipt which indicates that the fine, administrative2-25
assessment, fee, restitution or other charge has been paid.2-26
Sec. 4. NRS 176.064 is hereby amended to read as follows: 176.064 1. If a fine, administrative assessment, fee ,2-28
or other charge is imposed upon a defendant ,2-29
whether or not the fine, administrative assessment, fee ,2-30
other charge is in addition to any other punishment, and the fine,2-31
administrative assessment, fee ,2-32
of it remains unpaid after the time established by the court for its payment,2-33
the defendant is liable for a collection fee, to be imposed by the court at the2-34
time it finds that the fine, administrative assessment, fee ,2-35
other charge is delinquent, of:2-36
(a) Not more than $100, if the amount of the delinquency is less than2-37
$2,000.2-38
(b) Not more than $500, if the amount of the delinquency is $2,000 or2-39
greater, but is less than $5,000.2-40
(c) Ten percent of the amount of the delinquency, if the amount of the2-41
delinquency is $5,000 or greater.2-42
2. A state or local entity that is responsible for collecting a delinquent2-43
fine, administrative assessment, fee ,3-1
in addition to attempting to collect the fine, administrative assessment, fee ,3-2
3-3
all of the following actions:3-4
(a) Report the delinquency to reporting agencies that assemble or3-5
evaluate information concerning credit.3-6
(b) Request that the court take appropriate action pursuant to subsection3-7
33-8
(c) Contract with a collection agency licensed pursuant to NRS 649.0753-9
to collect the delinquent amount and the collection fee. The collection3-10
agency must be paid as compensation for its services an amount not greater3-11
than the amount of the collection fee imposed pursuant to subsection 1, in3-12
accordance with the provisions of the contract.3-13
3. The court may, on its own motion or at the request of a state or local3-14
entity that is responsible for collecting the delinquent fine, administrative3-15
assessment, fee3-16
of the following actions, in the following order of priority if practicable:3-17
(a) Request that a prosecuting attorney undertake collection of the3-18
delinquency, including, without limitation, the original amount and the3-19
collection fee, by attachment or garnishment of the defendant’s property,3-20
wages or other money receivable.3-21
(b) Order the suspension of the driver’s license of the defendant. If the3-22
defendant does not possess a driver’s license, the court may prohibit the3-23
defendant from applying for a driver’s license for a specified period. If the3-24
defendant is already the subject of a court order suspending or delaying the3-25
issuance of his driver’s license, the court may order the additional3-26
suspension or delay, as appropriate, to apply consecutively with the3-27
previous order. At the time the court issues an order suspending the driver’s3-28
license of a defendant pursuant to this paragraph, the court shall require the3-29
defendant to surrender to the court all driver’s licenses then held by the3-30
defendant. The court shall, within 5 days after issuing the order, forward to3-31
the department of motor vehicles and public safety the licenses, together3-32
with a copy of the order. At the time the court issues an order pursuant to3-33
this paragraph delaying the ability of a defendant to apply for a driver’s3-34
license, the court shall, within 5 days after issuing the order, forward to the3-35
department of motor vehicles and public safety a copy of the order. The3-36
department of motor vehicles and public safety shall report a suspension3-37
pursuant to this paragraph to an insurance company or its agent inquiring3-38
about the defendant’s driving record, but such a suspension must not be3-39
considered for the purpose of rating or underwriting.3-40
(c) For a delinquent fine or administrative assessment, order the3-41
confinement of the person in the appropriate prison, jail or detention3-42
facility, as provided in NRS 176.065 and 176.075.4-1
4. Money collected from a collection fee imposed pursuant to4-2
subsection 1 must be distributed in the following manner:4-3
(a) Except as otherwise provided in paragraph (d), if the money is4-4
collected by or on behalf of a municipal court, the money must be4-5
deposited in a special fund in the appropriate city treasury. The city may4-6
use the money in the fund only to develop and implement a program for the4-7
collection of fines, administrative assessments, fees4-8
restitution and other charges imposed upon a defendant.4-9
(b) Except as otherwise provided in paragraph (d), if the money is4-10
collected by or on behalf of a justice’s court or district court, the money4-11
must be deposited in a special fund in the appropriate county treasury. The4-12
county may use the money in the special fund only to develop and4-13
implement a program for the collection of fines, administrative4-14
assessments, fees4-15
upon a defendant.4-16
(c) Except as otherwise provided in paragraph (d), if the money is4-17
collected by a state entity, the money must be deposited in an account,4-18
which is hereby created in the state treasury. The court administrator may4-19
use the money in the account only to develop and implement a program for4-20
the collection of fines, administrative assessments, fees ,4-21
and other charges imposed upon a defendant in this state.4-22
(d) If the money is collected by a collection agency, after the collection4-23
agency has been paid its fee pursuant to the terms of the contract, any4-24
remaining money must be deposited in the state, city or county treasury,4-25
whichever is appropriate, to be used only for the purposes set forth in4-26
paragraph (a), (b) or (c) of this subsection.4-27
Sec. 5. NRS 482.280 is hereby amended to read as follows: 482.280 1. The registration of every vehicle expires at midnight on4-29
the day specified on the receipt of registration, unless the day specified falls4-30
on a Saturday, Sunday or legal holiday. If the day specified on the receipt4-31
of registration is a Saturday, Sunday or legal holiday, the registration of the4-32
vehicle expires at midnight on the next judicial day. The department shall4-33
mail to each holder of a certificate of registration an application for renewal4-34
of registration for the following period of registration. The applications4-35
must be mailed by the department in sufficient time to allow all applicants4-36
to mail the applications to the department and to receive new certificates of4-37
registration and license plates, stickers, tabs or other suitable devices by4-38
mail before the expiration of their registrations. An applicant may present4-39
the application to any agent or office of the department.4-40
2. An application mailed or presented to the department or to a county4-41
assessor pursuant to the provisions of this section, or presented to an4-42
authorized inspection station or authorized station pursuant to the5-1
provisions of NRS 482.281 must include, if required, evidence of5-2
compliance with standards for control of emissions.5-3
3. The department shall insert in each application mailed pursuant to5-4
subsection 1:5-5
(a) The amount of privilege tax to be collected for the county pursuant5-6
to the provisions of NRS 482.260.5-7
(b) The amount set forth in a notice of nonpayment filed with the5-8
department by a court pursuant to section 2 of this act or by a local5-9
authority pursuant to NRS 484.444.5-10
(c) A statement which informs the applicant that, pursuant to NRS5-11
485.185, he is legally required to maintain insurance during the period in5-12
which the motor vehicle is registered.5-13
4. An owner who has made proper application for renewal of5-14
registration before the expiration of the current registration but who has not5-15
received the license plate or plates or card of registration for the ensuing5-16
period of registration is entitled to operate or permit the operation of that5-17
vehicle upon the highways upon displaying thereon the license plate or5-18
plates issued for the preceding period of registration for such a time as may5-19
be prescribed by the department as it may find necessary for the issuance of5-20
the new plate or plates or card of registration.5-21
Sec. 6. NRS 482.2805 is hereby amended to read as follows: 482.2805 1. Except as otherwise provided in subsection 3, the5-23
department shall not renew the registration of a motor vehicle if a court has5-24
filed with the department a notice of nonpayment pursuant to section 2 of5-25
this act or a local authority has filed with the department a notice of5-26
nonpayment pursuant to NRS 484.444 unless, at the time for renewal of the5-27
registration, the registered owner of the motor vehicle provides to the5-28
department a receipt issued by the court pursuant to section 3 of this act or5-29
by the local authority pursuant to NRS 482.2807.5-30
2. If the registered owner provides a receipt to the department pursuant5-31
to subsection 1 and complies with the other requirements of this chapter,5-32
the department shall renew the registration of the motor vehicle.5-33
3. The department shall renew the registration of a motor vehicle5-34
owned by a short-term lessor for which the department has received a5-35
notice of nonpayment pursuant to NRS 484.444 or section 2 of this act for5-36
a violation of the provisions of NRS 484.395 to 484.443, inclusive, or a5-37
violation of an ordinance of a local authority authorized by chapter 4845-38
of NRS that prohibits the same conduct as the provisions of NRS 484.3955-39
to 484.443, inclusive, without requiring the short-term lessor to provide a5-40
receipt pursuant to subsection 1 if the short-term lessor submits to the5-41
department a certificate issued by a court or local authority pursuant to5-42
subsection 4.6-1
4. A court or local authority shall, upon request, issue to a short-term6-2
lessor for which the department has received a notice of nonpayment6-3
pursuant to NRS 484.444 or section 2 of this act for a violation of the6-4
provisions of NRS 484.395 to 484.443, inclusive, or a violation of an6-5
ordinance of a local authority authorized by chapter 484 of NRS that6-6
prohibits the same conduct as the provisions of NRS 484.395 to 484.443,6-7
inclusive, a certificate which requires the department to renew the6-8
registration of a motor vehicle owned by the short-term lessor without6-9
requiring the short-term lessor to provide a receipt pursuant to subsection 16-10
if the short-term lessor provides the court or local authority with the name,6-11
address and number of the driver’s license of the short-term lessee who was6-12
leasing the vehicle at the time of the violation.6-13
5. Upon the request of the registered owner of a motor vehicle, the6-14
department shall provide a copy of the notice of nonpayment filed with the6-15
department by6-16
or by a local authority pursuant to NRS 484.444.6-17
6. If the registration of a motor vehicle that is identified in a notice of6-18
nonpayment filed with the department6-19
NRS 484.444 or section 2 of this act is not renewed for two consecutive6-20
periods of registration, the department shall delete any records maintained6-21
by the department concerning that notice.6-22
7. The department may require a court or local authority to pay a fee6-23
for the creation, maintenance or revision of a record of the department6-24
concerning a notice of nonpayment filed with the department by the court6-25
pursuant to section 2 of this act or by the local authority pursuant to NRS6-26
484.444. The department shall, by regulation, establish any fee required by6-27
this subsection. Any fees collected by the department pursuant to this6-28
subsection must be:6-29
(a) Deposited with the state treasurer for credit to the motor vehicle6-30
fund; and6-31
(b) Allocated to the department to defray the cost of carrying out the6-32
provisions of this section.6-33
Sec. 7. Chapter 483 of NRS is hereby amended by adding thereto the6-34
provisions set forth as sections 8 and 9 of this act.6-35
Sec. 8. 1. The department shall not renew the driver’s license of a6-36
licensee if a court has filed a notice of nonpayment with the department6-37
pursuant to section 2 of this act or a local authority has filed a notice of6-38
nonpayment with the department pursuant to NRS 484.444 unless, at the6-39
time for renewal of the license, the licensee provides to the department a6-40
receipt issued by the court pursuant to section 3 of this act or by the local6-41
authority pursuant to section 9 of this act.7-1
2. If the licensee provides a receipt to the department pursuant to7-2
subsection 1 and complies with the other requirements of this chapter, the7-3
department shall renew the driver’s license of the licensee.7-4
3. Upon the request of the licensee, the department shall provide a7-5
copy of the notice of nonpayment filed with the department by a court7-6
pursuant to section 2 of this act or by a local authority pursuant to NRS7-7
484.444.7-8
4. If the driver’s license that is identified in a notice of nonpayment7-9
filed with the department pursuant to NRS 484.444 or section 2 of this act7-10
is not renewed for 2 years after the expiration of the license, the7-11
department shall delete any records maintained by the department7-12
concerning that notice.7-13
5. The department may require a court or local authority to pay a fee7-14
for the creation, maintenance or revision of a record of the department7-15
concerning a notice of nonpayment filed with the department by the court7-16
pursuant to section 2 of this act or by the local authority pursuant to NRS7-17
484.444. The department shall, by regulation, establish any fee required7-18
by this subsection. Any fees collected by the department pursuant to this7-19
subsection must be:7-20
(a) Deposited with the state treasurer for credit to the motor vehicle7-21
fund; and7-22
(b) Allocated to the department to defray the cost of carrying out the7-23
provisions of this section.7-24
Sec. 9. If a local authority files with the department a notice of7-25
nonpayment pursuant to NRS 484.444 of this act and the licensee for7-26
which the department received the notice pays to the local authority each7-27
civil penalty or other charge imposed by the local authority against the7-28
licensee for a violation of:7-29
1. The provisions of NRS 484.395 to 484.443, inclusive; or7-30
2. An ordinance of the local authority authorized by chapter 484 of7-31
NRS that prohibits the same conduct as the provisions of NRS 484.395 to7-32
484.443, inclusive,7-33
the local authority shall issue to the licensee a receipt which indicates that7-34
the penalty or charge has been paid.7-35
Sec. 10. NRS 483.010 is hereby amended to read as follows: 483.010 NRS 483.010 to 483.630, inclusive, and sections 8 and 9 of7-37
this act may be cited as the Uniform Motor Vehicle Drivers’ License Act.7-38
Sec. 11. NRS 483.380 is hereby amended to read as follows: 483.380 1. Except as otherwise provided in NRS 483.247, every7-40
driver’s license expires on the fourth anniversary of the licensee’s birthday,7-41
measured in the case of an original license, a renewal license and a renewal7-42
of an expired license, from the birthday nearest the date of issuance or7-43
renewal. Any applicant whose date of birth was on February 29 in a leap8-1
year is, for the purposes of NRS 483.010 to 483.630, inclusive, and8-2
sections 8 and 9 of this act, considered to have the anniversary of his birth8-3
fall on February 28.8-4
2.8-5
license is renewable at any time before its expiration upon application,8-6
submission of the statement required pursuant to NRS 483.293 and8-7
payment of the required fee.8-8
3. The department may, by regulation, defer the expiration of the8-9
driver’s license of a person who is on active duty in the Armed Forces upon8-10
such terms and conditions as it may prescribe. The department may8-11
similarly defer the expiration of the license of the spouse or dependent son8-12
or daughter of that person if the spouse or child is residing with the person.8-13
Sec. 12. NRS 483.380 is hereby amended to read as follows: 483.380 1. Except as otherwise provided in NRS 483.247, every8-15
driver’s license expires on the fourth anniversary of the licensee’s birthday,8-16
measured in the case of an original license, a renewal license and a renewal8-17
of an expired license, from the birthday nearest the date of issuance or8-18
renewal. Any applicant whose date of birth was on February 29 in a leap8-19
year is, for the purposes of NRS 483.010 to 483.630, inclusive, and8-20
sections 8 and 9 of this act, considered to have the anniversary of his birth8-21
fall on February 28.8-22
2.8-23
license is renewable at any time before its expiration upon application and8-24
payment of the required fee.8-25
3. The department may, by regulation, defer the expiration of the8-26
driver’s license of a person who is on active duty in the Armed Forces upon8-27
such terms and conditions as it may prescribe. The department may8-28
similarly defer the expiration of the license of the spouse or dependent son8-29
or daughter of that person if the spouse or child is residing with the person.8-30
Sec. 13. NRS 483.382 is hereby amended to read as follows: 483.382 1. No later than 30 days before the expiration of his license,8-32
the drivers’ license division of the department shall mail to each licensee8-33
who has not already renewed his license an expiration notice.8-34
2. The expiration notice must include, without limitation, the amount8-35
set forth in a notice of nonpayment filed with the department by a court8-36
pursuant to section 2 of this act or by a local authority pursuant to NRS8-37
484.444.8-38
3. The department may require an applicant for a renewal license8-39
successfully to pass such additional test as the department finds reasonably8-40
necessary to determine his qualification according to the type or class of8-41
license applied for.9-1
Sec. 14. NRS 483.530 is hereby amended to read as follows: 483.530 It is a misdemeanor for any person:9-3
1. To display or cause or permit to be displayed or have in his9-4
possession any canceled, revoked, suspended, fictitious, fraudulently9-5
altered or fraudulently obtained driver’s license;9-6
2. To alter, forge, substitute, counterfeit or use an unvalidated driver’s9-7
license;9-8
3. To lend his driver’s license to any other person or knowingly permit9-9
the use thereof by another;9-10
4. To display or represent as one’s own any driver’s license not issued9-11
to him;9-12
5. To fail or refuse to surrender to the department, a peace officer or a9-13
court upon lawful demand any driver’s license which has been suspended,9-14
revoked or canceled;9-15
6. To use a false or fictitious name in any application for a driver’s9-16
license or knowingly to make a false statement or knowingly to conceal a9-17
material fact or otherwise commit a fraud in any such application;9-18
7. To permit any unlawful use of a driver’s license issued to him;9-19
8. To do any act forbidden, or fail to perform any act required, by NRS9-20
483.010 to 483.630, inclusive9-21
9. To photograph, photostat, duplicate, or in any way reproduce any9-22
driver’s license or facsimile thereof in such a manner that it could be9-23
mistaken for a valid license, or to display or have in his possession any9-24
such photograph, photostat, duplicate, reproduction or facsimile unless9-25
authorized by this chapter.9-26
Sec. 15. NRS 484.444 is hereby amended to read as follows: 484.444 1. If the registered owner of a motor vehicle or a person9-28
who has a driver’s license issued by the State of Nevada fails to pay any9-29
civil penalty9-30
a violation of:9-31
(a) The provisions of NRS 484.395 to 484.443, inclusive; or9-32
(b) An ordinance of a local authority authorized by this chapter which9-33
9-34
NRS 484.395 to 484.443, inclusive,9-35
the local authority which imposed that penalty, fine or charge may file a9-36
notice of nonpayment with the department.9-37
2. The notice of nonpayment must include:9-38
(a) The time, place and date of each violation;9-39
(b)9-40
number of the license plate of the motor vehicle and the make and model9-41
year of the motor vehicle;9-42
(c) If the person has a driver’s license issued by the State of Nevada,9-43
the number of the driver’s license of the person;10-1
(d) The amount of the fine and any other charge imposed for each10-2
violation;10-3
10-4
defendant for those violations; and10-5
10-6
3. The department shall10-7
for the notice of nonpayment and10-8
10-9
the provisions of this section.10-10
Sec. 16. 1. This section and sections 1 to 11, inclusive, 13, 14 and 1510-11
of this act become effective on July 1, 1999, for the purpose of adopting10-12
regulations and on January 1, 2000, for all other purposes.10-13
2. Section 12 of this act becomes effective on the date on which the10-14
provisions of 42 U.S.C. § 666 requiring each state to establish procedures10-15
under which the state has authority to withhold or suspend, or to restrict the10-16
use of professional, occupational and recreational licenses of persons who:10-17
(a) Have failed to comply with a subpoena or warrant relating to a10-18
proceeding to determine the paternity of a child or to establish or enforce an10-19
obligation for the support of a child; or10-20
(b) Are in arrears in the payment for the support of one or more10-21
children,10-22
are repealed by the Congress of the United States.~