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).

1-1 Section 1. Title 54 of NRS is hereby amended by adding thereto a

1-3 inclusive, of this act.

1-4 Sec. 2. As used in sections 2 to 25, inclusive, of this act, unless the

1-5 context otherwise requires, the words and terms defined in sections 3 and

1-6 4 of this act have the meanings ascribed to them in those sections.

1-7 Sec. 3. "Board" means the board of drivers’ training and traffic

1-8 safety.

1-9 Sec. 4. "Department" means the department of motor vehicles and

1-10 public safety.

1-11 Sec. 5. 1. The board of drivers’ training and traffic safety,

1-12 consisting of five members appointed by the governor, is hereby created.

1-13 2. The governor shall appoint:

1-14 (a) Three members who are actively engaged as operators of schools

1-15 for training drivers and have been licensed as driving instructors for at

1-16 least 4 years pursuant to this chapter or by the department.

2-1 (b) One member who is actively engaged as an operator of an

2-2 educational course on the abuse of alcohol and controlled substances;

2-3 and

2-4 (c) One member who is a representative of the general public.

2-5 3. A member must have been a resident of this state for at least 4

2-6 years at the time of his appointment.

2-7 4. After the initial terms, members of the board serve terms of 4

2-8 years, except when appointed to fill a vacancy in an unexpired term.

2-9 5. The board shall annually elect from their membership a

2-10 chairman, a vice chairman, and one person to serve as secretary and

2-11 treasurer.

2-12 6. Three members constitute a quorum. Action may be taken by the

2-13 board upon an affirmative vote of at least three members.

2-14 Sec. 6. 1. The board shall meet at least four times each year to

2-15 examine applicants for licensure and transact other business. The board

2-16 may meet at other times upon the call of the chairman or any three

2-17 members.

2-18 2. The members of the board are entitled to receive:

2-19 (a) A salary of not more than $80 per day, as fixed by the board, while

2-20 engaged in the business of the board; and

2-21 (b) A per diem allowance and travel expenses at a rate fixed by the

2-22 board, while engaged in the business of the board. The rate must not

2-23 exceed the rate provided for state officers and employees generally.

2-24 3. While engaged in the business of the board, each employee of the

2-25 board is entitled to receive a per diem allowance and travel expenses at a

2-26 rate fixed by the board. The rate must not exceed the rate provided for

2-27 state officers and employees generally.

2-28 4. The board shall pay the compensation, allowances and expenses

2-29 authorized by this section from the fees and any other amounts received

2-30 pursuant to this chapter.

2-31 Sec. 7. The board:

2-32 1. Shall prescribe the duties of its officers and employees, and fix the

2-33 compensation of its employees.

2-34 2. May adopt a seal.

2-35 3. May establish offices as necessary to carry out the provisions of

2-36 this chapter.

2-37 4. Shall designate a main office and keep its records at that office.

2-38 Sec. 8. The board shall adopt reasonable regulations:

2-39 1. To carry out the provisions of this chapter.

2-40 2. For examining applicants for licenses.

2-41 3. Governing the recognition of, and credit to be given for, the study

2-42 of drivers’ training in a school licensed pursuant to the laws of another

2-43 state or territory of the United States or of the District of Columbia.

3-1 4. Governing the conduct of schools for training drivers.

3-2 5. Governing the study and practical training required of an

3-3 instructor in a school for training drivers.

3-4 6. Governing the conduct of schools for traffic safety and for

3-5 training instructors in schools for training drivers.

3-6 Sec. 9. The board shall:

3-7 1. Examine applicants for licensure as operators of or instructors in

3-8 schools for training drivers, schools for traffic safety and schools for

3-9 training instructors in those subjects, and issue licenses to those

3-10 qualified.

3-11 2. License schools for training drivers, schools for traffic safety and

3-12 schools for training driving instructors.

3-13 3. Inspect schools so licensed, or believed to be operating without a

3-14 license. Inspection may be performed by a member or authorized

3-15 employee of the board.

3-16 4. Report to the appropriate prosecuting authority any violation of

3-17 the provisions of this chapter of which it becomes aware.

3-18 Sec. 10. 1. An applicant for the issuance or renewal of a license

3-19 under this chapter who is a natural person shall submit to the board the

3-20 statement prescribed by the welfare division of the department of human

3-21 resources pursuant to NRS 425.520. The application must include the

3-22 social security number of the applicant. The statement must be completed

3-23 and signed by the applicant.

3-24 2. The board shall include the statement required pursuant to

3-25 subsection 1 in:

3-26 (a) The application or any other forms that must be submitted for the

3-27 issuance or renewal of the license; or

3-28 (b) A separate form prescribed by the board.

3-29 3. A license to a natural person may not be issued or renewed by the

3-30 board if the applicant:

3-31 (a) Fails to submit the statement required pursuant to subsection 1; or

3-32 (b) Indicates on the statement submitted pursuant to subsection 1 that

3-33 he is subject to a court order for the support of a child and is not in

3-34 compliance with the order or a plan approved by the district attorney or

3-35 other public agency enforcing the order for the repayment of the amount

3-36 owed pursuant to the order.

3-37 4. If an applicant indicates on the statement submitted pursuant to

3-38 subsection 1 that he is subject to a court order for the support of a child

3-39 and is not in compliance with the order or a plan approved by the district

3-40 attorney or other public agency enforcing the order for the repayment of

3-41 the amount owed pursuant to the order, the board shall advise the

4-1 applicant to communicate with the district attorney or other public

4-2 agency enforcing the order to determine the actions that the applicant

4-3 may take to satisfy the arrearage.

4-4 Sec. 11. 1. The board may authorize one or more of its members to

4-5 hold a hearing or conduct an investigation under this chapter, and may

4-6 approve or confirm the finding so made as its own.

4-7 2. For the purposes of this chapter:

4-8 (a) A member of the board or other person authorized by law may

4-9 administer oaths; and

4-10 (b) The presiding member of the board investigating a complaint

4-11 against a person, school, agency or business that is required to be

4-12 licensed pursuant to sections 2 to 25, inclusive, of this act, may issue

4-13 subpoenas to compel the attendance of witnesses and the production of

4-14 books and other papers.

4-15 3. If any person fails to comply with the subpoena within 10 days

4-16 after its service, the member of the board may petition the district court

4-17 for an order of the court compelling compliance with the subpoena.

4-18 4. Upon such a petition, the court shall enter an order directing the

4-19 person subpoenaed or the custodian of records in the case of a subpoena

4-20 for production of books and other papers, to appear before the court at a

4-21 time and place to be fixed by the court in its order, the time to be not

4-22 more than 10 days after the date of the order, and then and there show

4-23 cause why he has not complied with the subpoena. A certified copy of the

4-24 order must be served upon the person subpoenaed.

4-25 5. If good cause is not shown for the failure to comply and it appears

4-26 to the court that the subpoena was regularly issued, the court shall enter

4-27 an order compelling compliance with the subpoena, and upon failure to

4-28 obey the order the person shall be dealt with as for contempt of court.

4-29 Sec. 12. 1. All fees collected on behalf of the board and all other

4-30 receipts must be reported to the board at the beginning of each month,

4-31 for the month preceding. The money collected must be paid over to the

4-32 treasurer of the board for deposit in a financial institution in this state

4-33 unless deposited with the state treasurer pursuant to subsection 4.

4-34 2. Orders for the payment of money must be signed by the treasurer

4-35 of the board and countersigned by the chairman.

4-36 3. The board may delegate to a hearing officer or panel its authority

4-37 to take any disciplinary action pursuant to this chapter, impose and

4-38 collect fines therefor, and deposit the money therefrom in a financial

4-39 institution in this state to the credit of the board.

4-40 4. If a hearing officer or panel is not authorized to take disciplinary

4-41 action pursuant to subsection 3 and the board deposits the money

4-42 collected from the imposition of fines with the state treasurer for credit to

4-43 the state general fund, the board may present a claim to the state board

5-1 of examiners for recommendation to the interim finance committee if

5-2 money is needed to pay attorney’s fees or the costs of an investigation, or

5-3 both.

5-4 Sec. 13. 1. The board shall keep a record containing:

5-5 (a) The name, known place of business, and date and number of the

5-6 license of each instructor in driving or traffic safety; and

5-7 (b) The name and address of each school for training drivers, traffic

5-8 safety or training of instructors,

5-9 licensed pursuant to this chapter, and the facts offered by each applicant

5-10 in support of his licensure.

5-11 2. The board may disclose the information contained in the record

5-12 to:

5-13 (a) Another licensing board or agency that is investigating the

5-14 licensee; or

5-15 (b) A member of the public, excluding the address or any telephone

5-16 number of a licensee who is a natural person.

5-17 Sec. 14. 1. A school for training driving instructors shall not

5-18 require that a student purchase supplies for use in the course of study, or

5-19 deduct earned hours of credit or earned compensation as punishment for

5-20 misbehavior.

5-21 2. A member or authorized employee of the board may review the

5-22 record of a student’s training and attendance.

5-23 Sec. 15. It is unlawful for a person to:

5-24 1. Operate a school for training drivers;

5-25 2. Receive compensation for giving instruction in driving motor

5-26 vehicles or in the preparation of an applicant for an examination given

5-27 by the department for a driver’s license;

5-28 3. Operate a school for traffic safety; or

5-29 4. Operate a school for training instructors in training drivers or in

5-30 traffic safety,

5-31 unless he has secured a license therefor from the board.

5-32 Sec. 16. An applicant for a license to operate a school for training

5-33 drivers must:

5-34 1. Be of good moral character.

5-35 2. Maintain an established place of business open to the public

5-36 which is not within 200 feet from any building used by the department as

5-37 an office.

5-38 3. Have the equipment necessary to give proper instruction in the

5-39 operation of motor vehicles.

5-40 4. Be 21 years of age or older.

5-41 5. Hold a valid driving instructor’s license.

6-1 6. Have 2,000 hours of experience as an instructor operating

6-2 vehicles with students at a school for training drivers in this state or in

6-3 another state or territory of the United States, or the District of

6-4 Columbia, in which a license to instruct was required.

6-5 7. File with the board a surety bond in the amount of $10,000

6-6 payable to the board, executed by the applicant as principal with a

6-7 corporation authorized to transact surety business in this state as surety.

6-8 The bond must be continuous in form and conditioned that the operator

6-9 conduct the business of the school as an instructional institution without

6-10 fraud or fraudulent representation. Upon application by an operator, the

6-11 board may reduce the amount of the bond required to an amount not less

6-12 than $5,000 if the operator has satisfactorily conducted his school for the

6-13 5 years immediately preceding the application for reduction.

6-14 Sec. 17. An applicant for a license as a driving instructor must:

6-15 1. Be of good moral character;

6-16 2. Pass such examination as the board may require on traffic laws,

6-17 safe driving practices and operation of motor vehicles;

6-18 3. Be physically able to operate a motor vehicle safely and train

6-19 others in the operation of motor vehicles;

6-20 4. Hold a valid Nevada driver’s license; and

6-21 5. Be 21 years of age or older.

6-22 Sec. 18. No school for training drivers may offer training or allow

6-23 training to be provided by the school to a person who has not attained the

6-24 age of 15 years unless the person otherwise qualifies for a restricted

6-25 license pursuant to NRS 483.267 or 483.270 upon demonstration of his

6-26 competency and fitness to drive a motor vehicle.

6-27 Sec. 19. Each course of training provided by a school for training

6-28 drivers licensed pursuant to this chapter must include instruction

6-29 concerning:

6-30 1. Motor vehicle insurance; and

6-31 2. The effects of drugs and alcohol on an operator of a motor

6-32 vehicle.

6-33 Sec. 20. 1. The board shall issue a license to an applicant to

6-34 operate a school for training drivers or to act as an instructor for such a

6-35 school if it is satisfied that the applicant has met the requirements of this

6-36 chapter.

6-37 2. The license is valid for 5 years after the date of issuance, unless

6-38 canceled, suspended or revoked by the board, and may be renewed upon

6-39 satisfying the requirements for an original license.

6-40 Sec. 21. A holder of a license to operate a school for training drivers

6-41 shall maintain all vehicles used in training drivers in a safe mechanical

6-42 condition at all times.

7-1 Sec. 22. 1. A person operating a school for training drivers shall

7-2 maintain liability insurance on the motor vehicles used in driving

7-3 instruction, insuring the liability of the driving school, the driving

7-4 instructor, and any person taking instruction, in at least the following

7-5 amounts:

7-6 (a) For bodily injury to or death of one person in any one accident,

7-7 $100,000;

7-8 (b) For bodily injury to or death of two or more persons in any one

7-9 accident, $300,000; and

7-10 (c) For damage to property of others in any one accident, $50,000.

7-11 2. Evidence of the insurance coverage in the form of a certificate

7-12 from the insurance carrier must be filed with the department and the

7-13 certificate must stipulate that the insurance may not be canceled except

7-14 upon 10 days’ written notice to the board.

7-15 Sec. 23. The board may cancel, suspend, revoke or refuse to renew

7-16 any license granted pursuant to this chapter:

7-17 1. If the licensee allows fraud or engages in fraudulent practices

7-18 either with reference to an applicant for a driver’s license or the board,

7-19 or induces or countenances fraud or fraudulent practices on the part of

7-20 an applicant for a driver’s license.

7-21 2. If the licensee fails to comply with any of the provisions of this

7-22 chapter or any regulation of the board adopted pursuant thereto.

7-23 3. The licensee, or any employee or agent of the licensee, solicits

7-24 persons for enrollment in a school for training drivers inside an office of

7-25 the department or within 200 feet of any such office.

7-26 4. The licensee, or any employee or agent of the licensee, follows the

7-27 identical course of training which is used by the department in giving an

7-28 examination for a driver’s license.

7-29 Sec. 24. 1. If the board receives a copy of a court order issued

7-30 pursuant to NRS 425.540 which provides for the suspension of all

7-31 professional, occupational and recreational licenses, certificates and

7-32 permits issued to a person who is the holder of a license as an instructor

7-33 for a school for training drivers, the board shall deem the license issued

7-34 to him to be suspended at the end of the 30th day after the date on which

7-35 the court order was issued unless the board receives a letter issued to the

7-36 holder of the license by the district attorney or other public agency

7-37 pursuant to NRS 425.550 stating that the holder of the license has

7-38 complied with the subpoena or warrant or has satisfied the arrearage

7-39 pursuant to NRS 425.560.

7-40 2. The board shall reinstate a license as an instructor for a school for

7-41 training drivers that has been suspended by a district court pursuant to

7-42 NRS 425.540 if the department receives a letter issued by the district

7-43 attorney or other public agency pursuant to NRS 425.550 to the person

8-1 whose license was suspended stating that the person whose license was

8-2 suspended has complied with the subpoena or warrant or has satisfied

8-3 the arrearage pursuant to NRS 425.560.

8-4 Sec. 25. The board shall charge annually the following fees with

8-5 respect to licenses issued pursuant to the provisions of this chapter:

8-6 License for a school for training drivers $250

8-7 License for a driving instructor 50

8-8 License for a school, an agency or a business that provides

8-9 an educational course on the abuse of alcohol and

8-10 controlled substances 250

8-11 License for an instructor of an educational course on the

8-12 abuse of alcohol and controlled substances 50

8-13 License for a school for traffic safety 250

8-14 License for an instructor of traffic safety 50

8-15 Sec. 26. NRS 483.250 is hereby amended to read as follows:

8-16 483.250 The department shall not issue any license under the

9-1 (e) A license to a person who is between the ages of 16 and 18 years if:

9-2 (1) The public school in which he is enrolled is located in a county

9-3 whose population is less than 35,000 or in a city or town whose population

9-4 is less than 25,000;

9-5 (2) The public school does not offer automobile driver education;

9-6 (3) He has at least 50 hours of experience in driving a motor vehicle

9-7 with a restricted license, instruction permit or restricted instruction permit

9-8 issued pursuant to NRS 483.267, 483.270 or 483.280; and

9-9 (4) His parent or legal guardian signs and submits to the department a

9-10 form provided by the department which attests that the person who desires

9-11 a license has completed the experience required by subparagraph (3).

9-12 2. To any person whose license has been revoked until the expiration

9-13 of the period during which he is not eligible for a license.

9-14 3. To any person whose license has been suspended, but, upon good

9-15 cause shown to the administrator, the department may issue a restricted

9-16 license to him or shorten any period of suspension.

9-17 4. To any person who has previously been adjudged to be afflicted

9-18 with or suffering from any mental disability or disease and who has not at

9-19 the time of application been restored to legal capacity.

9-20 5. To any person who is required by NRS 483.010 to 483.630,

9-21 inclusive, to take an examination, unless he has successfully passed the

9-22 examination.

9-23 6. To any person when the administrator has good cause to believe that

9-24 by reason of physical or mental disability that person would not be able to

9-25 operate a motor vehicle safely.

9-26 7. To any person who is not a resident of this state.

9-27 8. To any child who is the subject of a court order issued pursuant to

9-28 paragraph (h) of subsection 1 of NRS 62.211, NRS 62.2255, 62.226 or

9-29 62.228 which delays his privilege to drive.

9-30 9. To any person who is the subject of a court order issued pursuant to

9-31 NRS 206.330 which suspends or delays his privilege to drive until the

9-32 expiration of the period of suspension or delay.

9-33 Sec. 27. NRS 483.785 is hereby amended to read as follows:

9-34 483.785 1. The department may accept gifts and grants of money to

9-42 to 483.780, inclusive,] sections 2 to 25, inclusive, of this act and that

10-1 complies with the applicable regulations governing the establishment,

10-2 conduct and scope of automobile driver education adopted by the state

10-3 board of education pursuant to NRS 389.090.

10-4 2. The department may, in consultation with the state board of

10-5 education, adopt regulations to carry out the provisions of this section,

10-6 including, without limitation, the:

10-7 (a) Procedure by which a person may apply for a grant of money from

10-8 the department;

10-9 (b) Criteria that the department will consider in determining whether to

10-10 award a grant of money; and

10-11 (c) Procedure by which the department will distribute the money it

10-12 receives pursuant to subsection 1.

10-13 Sec. 28. NRS 483.700, 483.710, 483.720, 483.721, 483.722, 483.723,

10-14 483.725, 483.730, 483.740, 483.750, 483.760, 483.765, 483.770 and

10-15 483.780 are hereby repealed.

10-16 Sec. 29. Sections 10 and 24 of this act expire by limitation on the date

10-17 of the repeal of the federal law requiring each state to establish procedures

10-18 for withholding, suspending and restricting professional, occupational and

10-19 recreational licenses for child support arrearages and for noncompliance

10-20 with certain processes relating to paternity or child support proceedings.

10-21 LEADLINES OF REPEALED SECTIONS

10-22 483.700 License required.

10-23 483.710 Requirements for licensure as operator of school.

10-24 483.720 Requirements for licensure as instructor for school.

10-25 483.721 Application for licensure as instructor for school to

10-32 483.722 Payment of child support: Statement by applicant for

10-39 support proceedings.]

11-1 483.723 Minimum age for training.

11-2 483.725 Required instruction in course of training.

11-3 483.730 Issuance, term and renewal of licenses.

11-4 483.740 Liability insurance.

11-5 483.750 Maintenance of vehicles.

11-6 483.760 Grounds for cancellation, revocation or suspension of

11-7 license.

11-8 483.765 Suspension of license as instructor for school for failure to

11-16 483.770 Exemptions.

11-17 483.780 Fees.