Assembly Bill No. 378–Assemblymen Gustavson, Angle, Mortenson, Claborn, Carpenter, Tiffany, Freeman, Arberry, de Braga, Cegavske, Von Tobel, Gibbons and Beers

March 3, 1999

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Referred to Committee on Transportation

 

SUMMARY—Requires director of department of motor vehicles and public safety to enter into contract with person to carry out certain duties of department. (BDR 43-714)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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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 motor vehicles; requiring in skeleton form for the director of the department of motor vehicles and public safety to enter into a contract with a person to carry out, under certain circumstances, the duties of the department concerning the issuance of drivers’ licenses, the registration of motor vehicles and the examination of applicants for drivers’ licenses, commercial drivers’ licenses and motorcycle drivers’ licenses; 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 481 of NRS is hereby amended by adding thereto

1-2 a new section to read as follows:

1-3 1. Except as otherwise provided in subsection 2, the director shall by

1-4 contract appoint a person to assist in carrying out the following duties of

1-5 the department:

1-6 (a) The issuance of:

1-7 (1) Drivers’ licenses pursuant to NRS 483.340;

1-8 (2) Commercial drivers’ licenses pursuant to NRS 483.900 to

1-9 483.940, inclusive;

1-10 (3) Motorcycle drivers’ licenses pursuant to NRS 486.011 to

1-11 483.381, inclusive; and

2-1 (4) Instruction permits, temporary drivers’ permits and restricted

2-2 instruction permits pursuant to NRS 483.280;

2-3 (b) The issuance of duplicate instruction permits and drivers’ licenses

2-4 pursuant to NRS 483.370;

2-5 (c) Transferring drivers’ licenses and commercial drivers’ licenses

2-6 pursuant to NRS 483.245 and 483.930;

2-7 (d) Conducting examinations of applicants for:

2-8 (1) Drivers’ licenses pursuant to NRS 483.330;

2-9 (2) Commercial drivers’ licenses pursuant to NRS 483.928; and

2-10 (3) Motorcycle drivers’ licenses pursuant to NRS 486.131 and

2-11 486.161;

2-12 (e) The registration of motor vehicles pursuant to NRS 482.205;

2-13 (f) The renewal of certificates of registration of motor vehicles

2-14 pursuant to NRS 482.281;

2-15 (g) The issuance of duplicate or substitute certificates of registration

2-16 of motor vehicles pursuant to NRS 482.500; and

2-17 (h) The verification of insurance for motor vehicles pursuant to NRS

2-18 482.215.

2-19 2. The provisions of this section do not require the director to enter

2-20 into a contract specified in subsection 1 if he determines that:

2-21 (a) A person is not qualified for an award of that contract in

2-22 accordance with the regulations adopted pursuant to subsection 3; or

2-23 (b) Entering into the contract is not in the best interests of this state.

2-24 3. The director shall adopt such regulations as are necessary to carry

2-25 out the provisions of this section.

2-26 Sec. 2. NRS 481.071 is hereby amended to read as follows:

2-27 481.071 1. Any change in the organization of the department may

2-28 include the divisions, functions and responsibilities described in subsection

2-29 2 but must not include those described in paragraph (e), (h) or (i) of that

2-30 subsection.

2-31 2. Unless the organization of the department is changed by the

2-32 director, the primary functions and responsibilities of the specified

2-33 divisions of the department are as follows:

2-34 (a) The registration division shall:

2-35 (1) [Execute,] Except as otherwise provided in section 1 of this act,

2-36 execute, administer and enforce the provisions of chapter 482 of NRS and

2-37 perform such duties and exercise such powers as may be conferred upon it

2-38 pursuant to chapter 482 of NRS and the provisions of any other laws;

2-39 (2) Execute and administer the laws relative to the licensing of motor

2-40 vehicle carriers and the use of public highways by those carriers [as

2-41 contained] set forth in chapter 706 of NRS;

3-1 (3) Perform such duties and exercise such powers as may be

3-2 conferred upon it pursuant to chapter 706 of NRS and the provisions of

3-3 any other laws;

3-4 (4) Execute and administer the provisions of chapter 366 of NRS,

3-5 relating to the imposition and collection of taxes on special fuels used for

3-6 motor vehicles; and

3-7 (5) Perform such duties and exercise such powers as may be

3-8 conferred upon it pursuant to chapter 366 of NRS and the provisions of

3-9 any other laws.

3-10 (b) [The] Except as otherwise provided in section 1 of this act, the

3-11 drivers’ license division shall execute, administer and enforce the

3-12 provisions of chapter 483 of NRS and perform such duties and exercise

3-13 such powers as may be conferred upon it pursuant to chapter 483 of NRS

3-14 and the provisions of any other laws.

3-15 (c) The administrative services division shall furnish fiscal and

3-16 accounting services to the director and the various divisions and advise and

3-17 assist the director and the various divisions in carrying out their functions

3-18 and responsibilities.

3-19 (d) The investigation division shall:

3-20 (1) Execute, administer and enforce the provisions of chapter 453 of

3-21 NRS relating to controlled substances and chapter 454 of NRS relating to

3-22 dangerous drugs;

3-23 (2) Assist the secretary of state in carrying out an investigation

3-24 pursuant to NRS 293.124; and

3-25 (3) Perform such duties and exercise such powers as may be

3-26 conferred upon it pursuant to this chapter and any other laws.

3-27 (e) The Nevada highway patrol division shall execute, administer and

3-28 enforce the provisions of chapter 484 of NRS and perform such duties and

3-29 exercise such powers as may be conferred upon it pursuant to NRS

3-30 481.180 and the provisions of any other laws.

3-31 (f) The division of emergency management shall execute, administer

3-32 and enforce the provisions of chapter 414 of NRS and perform such duties

3-33 and exercise such powers as may be conferred upon it pursuant to chapter

3-34 414 of NRS and the provisions of any other laws.

3-35 (g) The state fire marshal division shall execute, administer and enforce

3-36 the provisions of chapter 477 of NRS and perform such duties and exercise

3-37 such powers as may be conferred upon it pursuant to chapter 477 of NRS

3-38 and the provisions of any other laws.

3-39 (h) The division of parole and probation shall execute, administer and

3-40 enforce the provisions of chapters 176A and 213 of NRS relating to parole

3-41 and probation and perform such duties and exercise such powers as may be

3-42 conferred upon it pursuant to those chapters and the provisions of any

3-43 other law.

4-1 (i) The capitol police division shall assist the chief of the buildings and

4-2 grounds division of the department of administration in the enforcement of

4-3 subsection 1 of NRS 331.140.

4-4 Sec. 3. NRS 482.160 is hereby amended to read as follows:

4-5 482.160 1. The director may adopt and enforce such administrative

4-6 regulations as are necessary to carry out the provisions of this chapter.

4-7 2. [The] Except as otherwise provided in section 1 of this act, the

4-8 director may establish branch offices as provided in NRS 481.055, and

4-9 may by contract appoint any person or public agency as an agent to assist

4-10 in carrying out the duties of the department pursuant to this chapter. The

4-11 director may designate the county assessor of any county as agent to assist

4-12 in carrying out the duties of the department in that county. The county

4-13 assessor may, under an agreement with the department made pursuant to

4-14 this subsection, transfer his duties as agent to the department where the

4-15 department has established a branch office, consisting of full-time

4-16 employees, in his county.

4-17 3. Except as otherwise provided in this subsection, the contract with

4-18 each agent appointed by the department in connection with the registration

4-19 of motor vehicles and issuance of license plates must provide for

4-20 compensation based upon the reasonable value of the services of the agent

4-21 but must not exceed $2 for each registration. An authorized inspection

4-22 station or authorized station that issues certificates of registration pursuant

4-23 to NRS 482.281 is not entitled to receive compensation from the

4-24 department pursuant to this subsection.

4-25 Sec. 4. This act becomes effective:

4-26 1. Upon passage and approval for the purposes of entering into

4-27 contracts and adopting regulations pursuant to the provisions of section 1

4-28 of this act; and

4-29 2. On January 1, 2000, for all other purposes.

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