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 [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to collections; authorizing a court to file a notice of nonpayment with the department of motor vehicles and public safety if a defendant is delinquent in the payment of a fine, administrative assessment, fee or restitution; prohibiting the department from renewing the registration of a motor vehicle of a person for whom it has received a notice of nonpayment from a court; prohibiting the department from renewing the driver’s license of a person for whom it has received a notice of nonpayment from a court or local authority; and providing other matters properly relating thereto.

 

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 thereto

1-2 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 to

1-4 NRS 176.064, if a fine, administrative assessment, fee, restitution or other

1-5 charge is imposed upon a defendant for a violation of a law, a regulation

1-6 or an ordinance in this state and the defendant is the registered owner of

1-7 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 or

1-9 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 it

1-11 remains unpaid after the time established by the court for its payment, the

2-1 court may, on its own motion or at the request of a state or local entity

2-2 that is responsible for collecting the delinquent fine, administrative

2-3 assessment, fee, restitution or other charge, file a notice of nonpayment

2-4 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, the

2-8 number of the license plate of the motor vehicle of the defendant and the

2-9 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 of

2-11 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; and

2-14 (e) Any other information the department of motor vehicles and public

2-15 safety may require.

2-16 3. The department of motor vehicles and public safety shall prescribe

2-17 the form for the notice of nonpayment and may adopt such regulations as

2-18 are necessary to carry out the provisions of this section.

2-19 Sec. 3. If a court files with the department of motor vehicles and

2-20 public safety a notice of nonpayment pursuant to section 2 of this act and

2-21 the registered owner of the motor vehicle for which the department

2-22 received the notice pays the fine, administrative assessment, fee,

2-23 restitution or other charge imposed against him, the court shall issue to

2-24 the registered owner a receipt which indicates that the fine, administrative

2-25 assessment, fee, restitution or other charge has been paid.

2-26 Sec. 4. NRS 176.064 is hereby amended to read as follows:

2-27 176.064 1. If a fine, administrative assessment, fee , [or] restitution

2-28 or other charge is imposed upon a defendant , [pursuant to this chapter,]

2-29 whether or not the fine, administrative assessment, fee , [or] restitution or

2-30 other charge is in addition to any other punishment, and the fine,

2-31 administrative assessment, fee , [or] restitution or other charge or any part

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 the

2-34 time it finds that the fine, administrative assessment, fee , [or] restitution or

2-35 other charge is delinquent, of:

2-36 (a) Not more than $100, if the amount of the delinquency is less than

2-37 $2,000.

2-38 (b) Not more than $500, if the amount of the delinquency is $2,000 or

2-39 greater, but is less than $5,000.

2-40 (c) Ten percent of the amount of the delinquency, if the amount of the

2-41 delinquency is $5,000 or greater.

2-42 2. A state or local entity that is responsible for collecting a delinquent

2-43 fine, administrative assessment, fee , [or] restitution or other charge may,

3-1 in addition to attempting to collect the fine, administrative assessment, fee ,

3-2 [or] restitution or other charge through any other lawful means, take any or

3-3 all of the following actions:

3-4 (a) Report the delinquency to reporting agencies that assemble or

3-5 evaluate information concerning credit.

3-6 (b) Request that the court take appropriate action pursuant to subsection

3-7 3 [.] or section 2 of this act.

3-8 (c) Contract with a collection agency licensed pursuant to NRS 649.075

3-9 to collect the delinquent amount and the collection fee. The collection

3-10 agency must be paid as compensation for its services an amount not greater

3-11 than the amount of the collection fee imposed pursuant to subsection 1, in

3-12 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 local

3-14 entity that is responsible for collecting the delinquent fine, administrative

3-15 assessment, fee [or restitution,] , restitution or other charge, take any or all

3-16 of the following actions, in the following order of priority if practicable:

3-17 (a) Request that a prosecuting attorney undertake collection of the

3-18 delinquency, including, without limitation, the original amount and the

3-19 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 the

3-22 defendant does not possess a driver’s license, the court may prohibit the

3-23 defendant from applying for a driver’s license for a specified period. If the

3-24 defendant is already the subject of a court order suspending or delaying the

3-25 issuance of his driver’s license, the court may order the additional

3-26 suspension or delay, as appropriate, to apply consecutively with the

3-27 previous order. At the time the court issues an order suspending the driver’s

3-28 license of a defendant pursuant to this paragraph, the court shall require the

3-29 defendant to surrender to the court all driver’s licenses then held by the

3-30 defendant. The court shall, within 5 days after issuing the order, forward to

3-31 the department of motor vehicles and public safety the licenses, together

3-32 with a copy of the order. At the time the court issues an order pursuant to

3-33 this paragraph delaying the ability of a defendant to apply for a driver’s

3-34 license, the court shall, within 5 days after issuing the order, forward to the

3-35 department of motor vehicles and public safety a copy of the order. The

3-36 department of motor vehicles and public safety shall report a suspension

3-37 pursuant to this paragraph to an insurance company or its agent inquiring

3-38 about the defendant’s driving record, but such a suspension must not be

3-39 considered for the purpose of rating or underwriting.

3-40 (c) For a delinquent fine or administrative assessment, order the

3-41 confinement of the person in the appropriate prison, jail or detention

3-42 facility, as provided in NRS 176.065 and 176.075.

4-1 4. Money collected from a collection fee imposed pursuant to

4-2 subsection 1 must be distributed in the following manner:

4-3 (a) Except as otherwise provided in paragraph (d), if the money is

4-4 collected by or on behalf of a municipal court, the money must be

4-5 deposited in a special fund in the appropriate city treasury. The city may

4-6 use the money in the fund only to develop and implement a program for the

4-7 collection of fines, administrative assessments, fees [and restitution.] ,

4-8 restitution and other charges imposed upon a defendant.

4-9 (b) Except as otherwise provided in paragraph (d), if the money is

4-10 collected by or on behalf of a justice’s court or district court, the money

4-11 must be deposited in a special fund in the appropriate county treasury. The

4-12 county may use the money in the special fund only to develop and

4-13 implement a program for the collection of fines, administrative

4-14 assessments, fees [and restitution.] , restitution and other charges imposed

4-15 upon a defendant.

4-16 (c) Except as otherwise provided in paragraph (d), if the money is

4-17 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 may

4-19 use the money in the account only to develop and implement a program for

4-20 the collection of fines, administrative assessments, fees , [and] restitution

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 collection

4-23 agency has been paid its fee pursuant to the terms of the contract, any

4-24 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 in

4-26 paragraph (a), (b) or (c) of this subsection.

4-27 Sec. 5. NRS 482.280 is hereby amended to read as follows:

4-28 482.280 1. The registration of every vehicle expires at midnight on

4-29 the day specified on the receipt of registration, unless the day specified falls

4-30 on a Saturday, Sunday or legal holiday. If the day specified on the receipt

4-31 of registration is a Saturday, Sunday or legal holiday, the registration of the

4-32 vehicle expires at midnight on the next judicial day. The department shall

4-33 mail to each holder of a certificate of registration an application for renewal

4-34 of registration for the following period of registration. The applications

4-35 must be mailed by the department in sufficient time to allow all applicants

4-36 to mail the applications to the department and to receive new certificates of

4-37 registration and license plates, stickers, tabs or other suitable devices by

4-38 mail before the expiration of their registrations. An applicant may present

4-39 the application to any agent or office of the department.

4-40 2. An application mailed or presented to the department or to a county

4-41 assessor pursuant to the provisions of this section, or presented to an

4-42 authorized inspection station or authorized station pursuant to the

5-1 provisions of NRS 482.281 must include, if required, evidence of

5-2 compliance with standards for control of emissions.

5-3 3. The department shall insert in each application mailed pursuant to

5-4 subsection 1:

5-5 (a) The amount of privilege tax to be collected for the county pursuant

5-6 to the provisions of NRS 482.260.

5-7 (b) The amount set forth in a notice of nonpayment filed with the

5-8 department by a court pursuant to section 2 of this act or by a local

5-9 authority pursuant to NRS 484.444.

5-10 (c) A statement which informs the applicant that, pursuant to NRS

5-11 485.185, he is legally required to maintain insurance during the period in

5-12 which the motor vehicle is registered.

5-13 4. An owner who has made proper application for renewal of

5-14 registration before the expiration of the current registration but who has not

5-15 received the license plate or plates or card of registration for the ensuing

5-16 period of registration is entitled to operate or permit the operation of that

5-17 vehicle upon the highways upon displaying thereon the license plate or

5-18 plates issued for the preceding period of registration for such a time as may

5-19 be prescribed by the department as it may find necessary for the issuance of

5-20 the new plate or plates or card of registration.

5-21 Sec. 6. NRS 482.2805 is hereby amended to read as follows:

5-22 482.2805 1. Except as otherwise provided in subsection 3, the

5-23 department shall not renew the registration of a motor vehicle if a court has

5-24 filed with the department a notice of nonpayment pursuant to section 2 of

5-25 this act or a local authority has filed with the department a notice of

5-26 nonpayment pursuant to NRS 484.444 unless, at the time for renewal of the

5-27 registration, the registered owner of the motor vehicle provides to the

5-28 department a receipt issued by the court pursuant to section 3 of this act or

5-29 by the local authority pursuant to NRS 482.2807.

5-30 2. If the registered owner provides a receipt to the department pursuant

5-31 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 vehicle

5-34 owned by a short-term lessor for which the department has received a

5-35 notice of nonpayment pursuant to NRS 484.444 or section 2 of this act for

5-36 a violation of the provisions of NRS 484.395 to 484.443, inclusive, or a

5-37 violation of an ordinance of a local authority authorized by chapter 484

5-38 of NRS that prohibits the same conduct as the provisions of NRS 484.395

5-39 to 484.443, inclusive, without requiring the short-term lessor to provide a

5-40 receipt pursuant to subsection 1 if the short-term lessor submits to the

5-41 department a certificate issued by a court or local authority pursuant to

5-42 subsection 4.

6-1 4. A court or local authority shall, upon request, issue to a short-term

6-2 lessor for which the department has received a notice of nonpayment

6-3 pursuant to NRS 484.444 or section 2 of this act for a violation of the

6-4 provisions of NRS 484.395 to 484.443, inclusive, or a violation of an

6-5 ordinance of a local authority authorized by chapter 484 of NRS that

6-6 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 the

6-8 registration of a motor vehicle owned by the short-term lessor without

6-9 requiring the short-term lessor to provide a receipt pursuant to subsection 1

6-10 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 was

6-12 leasing the vehicle at the time of the violation.

6-13 5. Upon the request of the registered owner of a motor vehicle, the

6-14 department shall provide a copy of the notice of nonpayment filed with the

6-15 department by [the local agency] a court pursuant to section 2 of this act

6-16 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 of

6-18 nonpayment filed with the department [by a local authority] pursuant to

6-19 NRS 484.444 or section 2 of this act is not renewed for two consecutive

6-20 periods of registration, the department shall delete any records maintained

6-21 by the department concerning that notice.

6-22 7. The department may require a court or local authority to pay a fee

6-23 for the creation, maintenance or revision of a record of the department

6-24 concerning a notice of nonpayment filed with the department by the court

6-25 pursuant to section 2 of this act or by the local authority pursuant to NRS

6-26 484.444. The department shall, by regulation, establish any fee required by

6-27 this subsection. Any fees collected by the department pursuant to this

6-28 subsection must be:

6-29 (a) Deposited with the state treasurer for credit to the motor vehicle

6-30 fund; and

6-31 (b) Allocated to the department to defray the cost of carrying out the

6-32 provisions of this section.

6-33 Sec. 7. Chapter 483 of NRS is hereby amended by adding thereto the

6-34 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 a

6-36 licensee if a court has filed a notice of nonpayment with the department

6-37 pursuant to section 2 of this act or a local authority has filed a notice of

6-38 nonpayment with the department pursuant to NRS 484.444 unless, at the

6-39 time for renewal of the license, the licensee provides to the department a

6-40 receipt issued by the court pursuant to section 3 of this act or by the local

6-41 authority pursuant to section 9 of this act.

7-1 2. If the licensee provides a receipt to the department pursuant to

7-2 subsection 1 and complies with the other requirements of this chapter, the

7-3 department shall renew the driver’s license of the licensee.

7-4 3. Upon the request of the licensee, the department shall provide a

7-5 copy of the notice of nonpayment filed with the department by a court

7-6 pursuant to section 2 of this act or by a local authority pursuant to NRS

7-7 484.444.

7-8 4. If the driver’s license that is identified in a notice of nonpayment

7-9 filed with the department pursuant to NRS 484.444 or section 2 of this act

7-10 is not renewed for 2 years after the expiration of the license, the

7-11 department shall delete any records maintained by the department

7-12 concerning that notice.

7-13 5. The department may require a court or local authority to pay a fee

7-14 for the creation, maintenance or revision of a record of the department

7-15 concerning a notice of nonpayment filed with the department by the court

7-16 pursuant to section 2 of this act or by the local authority pursuant to NRS

7-17 484.444. The department shall, by regulation, establish any fee required

7-18 by this subsection. Any fees collected by the department pursuant to this

7-19 subsection must be:

7-20 (a) Deposited with the state treasurer for credit to the motor vehicle

7-21 fund; and

7-22 (b) Allocated to the department to defray the cost of carrying out the

7-23 provisions of this section.

7-24 Sec. 9. If a local authority files with the department a notice of

7-25 nonpayment pursuant to NRS 484.444 of this act and the licensee for

7-26 which the department received the notice pays to the local authority each

7-27 civil penalty or other charge imposed by the local authority against the

7-28 licensee for a violation of:

7-29 1. The provisions of NRS 484.395 to 484.443, inclusive; or

7-30 2. An ordinance of the local authority authorized by chapter 484 of

7-31 NRS that prohibits the same conduct as the provisions of NRS 484.395 to

7-32 484.443, inclusive,

7-33 the local authority shall issue to the licensee a receipt which indicates that

7-34 the penalty or charge has been paid.

7-35 Sec. 10. NRS 483.010 is hereby amended to read as follows:

7-36 483.010 NRS 483.010 to 483.630, inclusive, and sections 8 and 9 of

7-37 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:

7-39 483.380 1. Except as otherwise provided in NRS 483.247, every

7-40 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 renewal

7-42 of an expired license, from the birthday nearest the date of issuance or

7-43 renewal. Any applicant whose date of birth was on February 29 in a leap

8-1 year is, for the purposes of NRS 483.010 to 483.630, inclusive, and

8-2 sections 8 and 9 of this act, considered to have the anniversary of his birth

8-3 fall on February 28.

8-4 2. [Every] Except as otherwise provided in section 8 of this act, every

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 and

8-7 payment of the required fee.

8-8 3. The department may, by regulation, defer the expiration of the

8-9 driver’s license of a person who is on active duty in the Armed Forces upon

8-10 such terms and conditions as it may prescribe. The department may

8-11 similarly defer the expiration of the license of the spouse or dependent son

8-12 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:

8-14 483.380 1. Except as otherwise provided in NRS 483.247, every

8-15 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 renewal

8-17 of an expired license, from the birthday nearest the date of issuance or

8-18 renewal. Any applicant whose date of birth was on February 29 in a leap

8-19 year is, for the purposes of NRS 483.010 to 483.630, inclusive, and

8-20 sections 8 and 9 of this act, considered to have the anniversary of his birth

8-21 fall on February 28.

8-22 2. [Every] Except as otherwise provided in section 8 of this act, every

8-23 license is renewable at any time before its expiration upon application and

8-24 payment of the required fee.

8-25 3. The department may, by regulation, defer the expiration of the

8-26 driver’s license of a person who is on active duty in the Armed Forces upon

8-27 such terms and conditions as it may prescribe. The department may

8-28 similarly defer the expiration of the license of the spouse or dependent son

8-29 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:

8-31 483.382 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 licensee

8-33 who has not already renewed his license an expiration notice.

8-34 2. The expiration notice must include, without limitation, the amount

8-35 set forth in a notice of nonpayment filed with the department by a court

8-36 pursuant to section 2 of this act or by a local authority pursuant to NRS

8-37 484.444.

8-38 3. The department may require an applicant for a renewal license

8-39 successfully to pass such additional test as the department finds reasonably

8-40 necessary to determine his qualification according to the type or class of

8-41 license applied for.

9-1 Sec. 14. NRS 483.530 is hereby amended to read as follows:

9-2 483.530 It is a misdemeanor for any person:

9-3 1. To display or cause or permit to be displayed or have in his

9-4 possession any canceled, revoked, suspended, fictitious, fraudulently

9-5 altered or fraudulently obtained driver’s license;

9-6 2. To alter, forge, substitute, counterfeit or use an unvalidated driver’s

9-7 license;

9-8 3. To lend his driver’s license to any other person or knowingly permit

9-9 the use thereof by another;

9-10 4. To display or represent as one’s own any driver’s license not issued

9-11 to him;

9-12 5. To fail or refuse to surrender to the department, a peace officer or a

9-13 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’s

9-16 license or knowingly to make a false statement or knowingly to conceal a

9-17 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 NRS

9-20 483.010 to 483.630, inclusive [;] , and sections 8 and 9 of this act; or

9-21 9. To photograph, photostat, duplicate, or in any way reproduce any

9-22 driver’s license or facsimile thereof in such a manner that it could be

9-23 mistaken for a valid license, or to display or have in his possession any

9-24 such photograph, photostat, duplicate, reproduction or facsimile unless

9-25 authorized by this chapter.

9-26 Sec. 15. NRS 484.444 is hereby amended to read as follows:

9-27 484.444 1. If the registered owner of a motor vehicle or a person

9-28 who has a driver’s license issued by the State of Nevada fails to pay any

9-29 civil penalty [or criminal fine] or any other charge imposed against him for

9-30 a violation of:

9-31 (a) The provisions of NRS 484.395 to 484.443, inclusive; or

9-32 (b) An ordinance of a local authority authorized by this chapter which

9-33 [covers] prohibits the same [subject matter] conduct as the provisions of

9-34 NRS 484.395 to 484.443, inclusive,

9-35 the local authority which imposed that penalty, fine or charge may file a

9-36 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) [The] If the person is the registered owner of a motor vehicle, the

9-40 number of the license plate of the motor vehicle and the make and model

9-41 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 each

10-2 violation;

10-3 [(d)] (e) The total amount of money owed to the local authority by the

10-4 defendant for those violations; and

10-5 [(e)] (f) Any other information the department may require.

10-6 3. The department shall [adopt regulations which] prescribe the form

10-7 for the notice of nonpayment and [any information which must be included

10-8 in that notice.] may adopt such regulations as are necessary to carry out

10-9 the provisions of this section.

10-10 Sec. 16. 1. This section and sections 1 to 11, inclusive, 13, 14 and 15

10-11 of this act become effective on July 1, 1999, for the purpose of adopting

10-12 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 the

10-14 provisions of 42 U.S.C. § 666 requiring each state to establish procedures

10-15 under which the state has authority to withhold or suspend, or to restrict the

10-16 use of professional, occupational and recreational licenses of persons who:

10-17 (a) Have failed to comply with a subpoena or warrant relating to a

10-18 proceeding to determine the paternity of a child or to establish or enforce an

10-19 obligation for the support of a child; or

10-20 (b) Are in arrears in the payment for the support of one or more

10-21 children,

10-22 are repealed by the Congress of the United States.

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