Assembly Bill No. 679–Committee on Transportation

(On Behalf of Budget Division)

March 22, 1999

____________

Referred to Committee on Transportation

 

SUMMARY—Partially reorganizes department of motor vehicles and public safety. (BDR 43-1609)

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 the department of motor vehicles and public safety; creating the motor vehicles branch and the public safety branch within the department; abolishing the registration division and drivers’ license division of the department and transferring their duties to the motor vehicles branch of the department; 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. The motor vehicles branch consists of the following persons who

1-4 are appointed by the director:

1-5 (a) A deputy director; and

1-6 (b) Within the limitations of legislative appropriation, such managers,

1-7 specialists, investigators and staff, who are employed in the classified

1-8 service of the state, as the director determines to be necessary to carry out

1-9 the duties of the department.

1-10 2. The deputy director of the motor vehicles branch shall:

1-11 (a) Administer the laws relating to motor vehicles and the licensing of

1-12 drivers, as provided in NRS 481.048, 481.0481 and 481.071; and

1-13 (b) Maintain records and other information relating to motor vehicles

1-14 and the licensing of drivers, as provided in NRS 481.048, 481.0481 and

1-15 481.071.

2-1 Sec. 2. NRS 481.048 is hereby amended to read as follows:

2-2 481.048 1. There is hereby created, within the [registration division]

2-3 motor vehicles branch of the department, [the bureau of enforcement.] a

2-4 section for the enforcement of laws relating to motor vehicles.

2-5 2. The director shall appoint, within the limits of legislative

2-6 appropriations, investigators [in the bureau of enforcement of the

2-7 registration division of the department.] for the section.

2-8 3. The duties of the investigators are to travel the state and:

2-9 (a) Act as investigators in the enforcement of the provisions of chapters

2-10 482 and 487 of NRS, NRS 108.265 to 108.360, inclusive, and 108.440 to

2-11 108.500, inclusive, as those sections pertain to motor vehicles, trailers,

2-12 motorcycles, recreational vehicles and semitrailers, as defined in chapter

2-13 482 of NRS.

2-14 (b) Act as adviser to dealers in connection with any problems arising

2-15 under the provisions of that chapter.

2-16 (c) Cooperate with personnel of the Nevada highway patrol in the

2-17 enforcement of the motor vehicle laws as they pertain to dealers.

2-18 (d) Act as investigators in the enforcement of the provisions of NRS

2-19 483.700 to 483.780, inclusive, relating to the licensing of schools and

2-20 instructors for training drivers.

2-21 (e) Perform such other duties as may be imposed by the director.

2-22 Sec. 3. NRS 481.0481 is hereby amended to read as follows:

2-23 481.0481 1. There is hereby created, within the [registration

2-24 division] motor vehicles branch of the department, a section for the

2-25 control of emissions from vehicles.

2-26 2. The director shall appoint, within the limits of legislative

2-27 appropriations, investigators, officers and technicians for the control of

2-28 emissions from vehicles.

2-29 3. The duties of the investigators, officers and technicians are to travel

2-30 the state and:

2-31 (a) Act as agents and inspectors in the enforcement of the provisions of

2-32 NRS 445B.700 to 445B.845, inclusive, chapter 482 of NRS , and NRS

2-33 484.644 and 484.6441.

2-34 (b) Cooperate with the division of environmental protection of the state

2-35 department of conservation and natural resources in all matters pertaining

2-36 to the control of emissions from vehicles.

2-37 (c) Perform such other duties as may be imposed by the director.

2-38 Sec. 4. NRS 481.053 is hereby amended to read as follows:

2-39 481.053 1. The governor shall appoint the peace officers’ standards

2-40 and training committee.

2-41 2. The committee consists of seven members, one appointed from

2-42 Clark County, one from Washoe County, three from any other counties,

2-43 one from category II peace officers and one from category III peace

3-1 officers. Members serve terms of 2 years from the date of appointment.

3-2 Members serve without compensation but are entitled to the per diem

3-3 allowance and travel expenses provided by law for state officers and

3-4 employees generally.

3-5 3. The governor shall make the appointments from recommendations

3-6 submitted by Clark County, Washoe County, professional organizations of

3-7 sheriffs and police chiefs of this state, category II peace officers and

3-8 category III peace officers.

3-9 4. The committee shall:

3-10 (a) Meet at the call of the chairman, who must be elected by the

3-11 members of the committee.

3-12 (b) Provide for and encourage the training and education of peace

3-13 officers in order to improve the system of criminal justice.

3-14 (c) Adopt regulations establishing minimum standards for the

3-15 certification and decertification, recruitment, selection and training of

3-16 peace officers.

3-17 (d) Make necessary inquiries to determine whether agencies of the state

3-18 and of local governments are complying with standards set forth in its

3-19 regulations.

3-20 (e) Carry out the duties required of the committee pursuant to NRS

3-21 432B.610 and 432B.620.

3-22 5. Regulations adopted by the committee:

3-23 (a) Apply to all agencies of the state and of local governments which

3-24 employ persons as peace officers;

3-25 (b) Must require that all peace officers receive training in the handling

3-26 of cases involving abuse or neglect of children or missing children; and

3-27 (c) May require that training be carried on at institutions which it

3-28 approves in those regulations.

3-29 6. The director may adopt regulations necessary for the operation of

3-30 the committee and the enforcement of laws administered by the committee.

3-31 7. As used in this section:

3-32 (a) "Category II peace officer" means:

3-33 (1) The bailiff of the supreme court;

3-34 (2) The bailiffs of the district courts, justices’ courts and municipal

3-35 courts whose duties require them to carry weapons and make arrests;

3-36 (3) Constables and their deputies whose official duties require them

3-37 to carry weapons and make arrests;

3-38 (4) Inspectors employed by the transportation services authority who

3-39 exercise those powers of enforcement conferred by chapters 706 and 712

3-40 of NRS;

3-41 (5) Parole and probation officers;

3-42 (6) Special investigators who are employed full time by the office of

3-43 any district attorney or the attorney general;

4-1 (7) Investigators of arson for fire departments who are specially

4-2 designated by the appointing authority;

4-3 (8) The assistant and deputies of the state fire marshal;

4-4 (9) The brand inspectors of the division of agriculture of the

4-5 department of business and industry who exercise the powers of

4-6 enforcement conferred in chapter 565 of NRS;

4-7 (10) Investigators for the state forester firewarden who are specially

4-8 designated by him and whose primary duties are the investigation of arson;

4-9 (11) School police officers employed by the board of trustees of any

4-10 county school district;

4-11 (12) Agents of the state gaming control board who exercise the

4-12 powers of enforcement specified in NRS 289.360, 463.140 or 463.1405,

4-13 except those agents whose duties relate primarily to auditing, accounting,

4-14 the collection of taxes or license fees, or the investigation of applicants for

4-15 licenses;

4-16 (13) Investigators and administrators of the [bureau of] section for

4-17 the enforcement of laws relating to motor vehicles of the [registration

4-18 division] motor vehicles branch of the department of motor vehicles and

4-19 public safety who perform the duties specified in subsection 3 of NRS

4-20 481.048;

4-21 (14) Officers and investigators of the section for the control of

4-22 emissions from vehicles of the [registration division] motor vehicles

4-23 branch of the department of motor vehicles and public safety who perform

4-24 the duties specified in subsection 3 of NRS 481.0481;

4-25 (15) Legislative police officers of the State of Nevada;

4-26 (16) The personnel of the capitol police division of the department of

4-27 motor vehicles and public safety appointed pursuant to subsection 2 of

4-28 NRS 331.140;

4-29 (17) Parole counselors of the division of child and family services of

4-30 the department of human resources;

4-31 (18) Juvenile probation officers and deputy juvenile probation

4-32 officers employed by the various judicial districts in Nevada or by a

4-33 department of family, youth and juvenile services established pursuant to

4-34 NRS 62.1264 whose official duties require them to enforce court orders on

4-35 juvenile offenders and make arrests;

4-36 (19) Field investigators of the taxicab authority;

4-37 (20) Security officers employed full time by a city or county whose

4-38 official duties require them to carry weapons and make arrests; and

4-39 (21) The chief of a department of alternative sentencing created

4-40 pursuant to NRS 211A.080 and the assistant alternative sentencing officers

4-41 employed by that department.

5-1 (b) "Category III peace officer" means peace officers whose authority is

5-2 limited to correctional services, and includes the superintendents and

5-3 correctional officers of the department of prisons.

5-4 Sec. 5. NRS 481.057 is hereby amended to read as follows:

5-5 481.057 In counties with a population in excess of 100,000, the

5-6 director may arrange for the office of the [drivers’ license division] motor

5-7 vehicles branch of the department to remain open on Saturdays and

5-8 Sundays and at hours other than 8 a.m. to 5 p.m.

5-9 Sec. 6. NRS 481.067 is hereby amended to read as follows:

5-10 481.067 1. The department [may include:

5-11 (a) A registration division.

5-12 (b) A drivers’ license division.

5-13 (c)] consists of:

5-14 (a) A motor vehicles branch that includes:

5-15 (1) A division of enforcement.

5-16 (2) A division of field services.

5-17 (3) A division of central services and records.

5-18 (4) A division of management services and programs.

5-19 (b) A public safety branch that includes:

5-20 (1) A Nevada highway patrol division.

5-21 [(d)] (2) An administrative services division.

5-22 [(e)] (3) An investigation division.

5-23 [(f)] (4) A division of emergency management.

5-24 [(g)] (5) A state fire marshal division.

5-25 [(h)] (6) A division of parole and probation.

5-26 [(i)] (7) A capitol police division.

5-27 [(j)] (c) Such other branches or divisions as the director may from time

5-28 to time establish.

5-29 2. Before he reorganizes the department, the director shall obtain the

5-30 approval of:

5-31 (a) The legislature, if it is in regular session; or

5-32 (b) The interim finance committee, if the legislature is not in regular

5-33 session.

5-34 Sec. 7. NRS 481.071 is hereby amended to read as follows:

5-35 481.071 1. Any change in the organization of the department may

5-36 include the branches, divisions, functions and responsibilities described in

5-37 subsection 2 but must not include those described in [paragraph (e), (h) or

5-38 (i)] paragraphs (d), (g) and (h) of that subsection.

5-39 2. Unless the organization of the department is changed by the

5-40 director, the primary functions and responsibilities of the specified

5-41 branches and divisions of the department are as follows:

5-42 (a) The [registration division] motor vehicles branch shall:

6-1 (1) Execute, administer and enforce the provisions of chapter 482 of

6-2 NRS and perform such duties and exercise such powers as may be

6-3 conferred upon it pursuant to chapter 482 of NRS and the provisions of

6-4 any other laws;

6-5 (2) Execute and administer the laws relative to the licensing of motor

6-6 vehicle carriers and the use of public highways by those carriers as

6-7 contained in chapter 706 of NRS;

6-8 (3) Perform such duties and exercise such powers as may be

6-9 conferred upon it pursuant to chapter 706 of NRS ; [and the provisions of

6-10 any other laws;]

6-11 (4) Execute and administer the provisions of chapter 366 of NRS,

6-12 relating to the imposition and collection of taxes on special fuels used for

6-13 motor vehicles; [and]

6-14 (5) Perform such duties and exercise such powers as may be

6-15 conferred upon it pursuant to chapter 366 of NRS [and the provisions of

6-16 any other laws.

6-17 (b) The drivers’ license division shall execute,] ;

6-18 (6) Execute, administer and enforce the provisions of chapter 483 of

6-19 NRS and perform such duties and exercise such powers as may be

6-20 conferred upon it pursuant to chapter 483 of NRS [and the provisions of

6-21 any other laws.

6-22 (c)] ;

6-23 (7) Execute, administer and enforce the provisions of chapter 485

6-24 of NRS and perform such duties and exercise such powers as may be

6-25 conferred upon it pursuant to chapter 485 of NRS;

6-26 (8) Execute, administer and enforce the laws relating to the

6-27 licensing of drivers of motorcycles and similar vehicles in accordance

6-28 with the provisions of chapter 486 of NRS;

6-29 (9) Execute, administer and enforce the provisions of chapter 487

6-30 of NRS and perform such duties and exercise such powers as may be

6-31 conferred upon it pursuant to chapter 487 of NRS; and

6-32 (10) Execute, administer and enforce the provisions of chapter 108

6-33 of NRS and perform such duties and exercise such powers relating to

6-34 liens on vehicles as may be conferred upon it pursuant to chapter 108 of

6-35 NRS or the provisions of any other laws.

6-36 (b) The administrative services division shall furnish fiscal , [and]

6-37 accounting and other administrative services to the director and the

6-38 various branches and divisions , and advise and assist the director and the

6-39 various branches and divisions in carrying out their functions and

6-40 responsibilities.

6-41 [(d)] (c) The investigation division shall:

7-1 (1) Execute, administer and enforce the provisions of chapter 453 of

7-2 NRS relating to controlled substances and chapter 454 of NRS relating to

7-3 dangerous drugs;

7-4 (2) Assist the secretary of state in carrying out an investigation

7-5 pursuant to NRS 293.124; and

7-6 (3) Perform such duties and exercise such powers as may be

7-7 conferred upon it pursuant to this chapter and any other laws.

7-8 [(e)] (d) The Nevada highway patrol division shall execute, administer

7-9 and enforce the provisions of chapter 484 of NRS and perform such duties

7-10 and exercise such powers as may be conferred upon it pursuant to NRS

7-11 481.180 and the provisions of any other laws.

7-12 [(f)] (e) The division of emergency management shall execute,

7-13 administer and enforce the provisions of chapter 414 of NRS and perform

7-14 such duties and exercise such powers as may be conferred upon it pursuant

7-15 to chapter 414 of NRS and the provisions of any other laws.

7-16 [(g)] (f) The state fire marshal division shall execute, administer and

7-17 enforce the provisions of chapter 477 of NRS and perform such duties and

7-18 exercise such powers as may be conferred upon it pursuant to chapter 477

7-19 of NRS and the provisions of any other laws.

7-20 [(h)] (g) The division of parole and probation shall execute, administer

7-21 and enforce the provisions of chapters 176A and 213 of NRS relating to

7-22 parole and probation and perform such duties and exercise such powers as

7-23 may be conferred upon it pursuant to those chapters and the provisions of

7-24 any other [law.

7-25 (i)] laws.

7-26 (h) The capitol police division shall assist the chief of the buildings and

7-27 grounds division of the department of administration in the enforcement of

7-28 subsection 1 of NRS 331.140.

7-29 Sec. 8. NRS 482.102 is hereby amended to read as follows:

7-30 482.102 "Registered owner" means [an individual,] a natural person,

7-31 firm, corporation or association whose name appears in the files of the

7-32 motor [vehicle registration division] vehicles branch of the department as

7-33 the person to whom the vehicle is registered.

7-34 Sec. 9. NRS 482.379 is hereby amended to read as follows:

7-35 482.379 1. The director may order the design and preparation of

7-36 license plates which commemorate the 125th anniversary of Nevada’s

7-37 admission into the Union and establish the procedures for the application

7-38 and issuance of the plates.

7-39 2. The department may designate any colors, numbers and letters for

7-40 the commemorative plates.

7-41 3. A person who is entitled to license plates pursuant to NRS 482.265

7-42 may apply for commemorative license plates.

8-1 4. The fee for the commemorative license plates is $10, in addition to

8-2 all other applicable registration and license fees and motor vehicle

8-3 privilege taxes. If a person is eligible for and applies for any special license

8-4 plates issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.368 or

8-5 482.370 to 482.3825, inclusive, and applies to have those special license

8-6 plates combined with commemorative plates, the person must pay the fees

8-7 for the special license plates in addition to the fee for the commemorative

8-8 plates.

8-9 5. In addition to all fees for the license, registration and privilege

8-10 taxes, a person who is eligible for and applies for commemorative plates

8-11 must pay $25 for the celebration of the 125th anniversary of Nevada’s

8-12 admission into the Union. The fees for the license, registration, privilege

8-13 taxes and the charge for the celebration may be paid with a single check.

8-14 6. Commemorative plates are renewable upon the payment of $10.

8-15 7. If during a registration year, the holder of commemorative plates

8-16 issued pursuant to the provisions of this section disposes of the vehicle to

8-17 which the plates are affixed, he may retain the plates and:

8-18 (a) Within 30 days after removing the plates from the vehicle, return

8-19 them to the department; or

8-20 (b) Affix them to another vehicle which meets the requirements of this

8-21 section if the transfer and registration fees are paid as is provided for in

8-22 this chapter. A person who transfers plates must be allowed a [1/12] one-

8-23 twelfth reduction in fees for each calendar month remaining unused from

8-24 the previous registration.

8-25 8. Except as otherwise provided by subsection 10, if a commemorative

8-26 license plate or set of license plates issued pursuant to the provisions of

8-27 this section is lost, stolen or mutilated, the owner of the vehicle may secure

8-28 a replacement license plate or set of replacement license plates, as the case

8-29 may be, from the department upon payment of the fees set forth in

8-30 subsection 2 of NRS 482.500.

8-31 9. The department shall, for each set of commemorative license plates

8-32 that it issues:

8-33 (a) Deposit the $25 collected for the celebration of the 125th

8-34 anniversary of Nevada’s admission into the Union with the state treasurer

8-35 for credit to the account for Nevada’s 125th anniversary in the state

8-36 general fund;

8-37 (b) Deposit $7.50 with the state treasurer for credit to the motor vehicle

8-38 fund pursuant to the provisions of NRS 482.180; and

8-39 (c) Deposit $2.50 with the state treasurer for credit to the [registration

8-40 division] motor vehicles branch of the department [of motor vehicles and

8-41 public safety] to reimburse the [division] motor vehicles branch of the

8-42 department for the cost of manufacturing the license plates.

8-43 10. The department shall not:

9-1 (a) Issue the commemorative license plates after October 31, 1990.

9-2 (b) Issue replacement commemorative license plates after June 30,

9-3 1995.

9-4 Sec. 10. NRS 482.383 is hereby amended to read as follows:

9-5 482.383 1. The [registration division] motor vehicles branch of the

9-6 department may issue a special use permit for the operation of any

9-7 unregistered and unlicensed vehicle upon any highway in [the] this state to

9-8 enable such a vehicle to operate in connection with special events, such as

9-9 parades.

9-10 2. A permit issued pursuant to subsection 1 must be in a form

9-11 prescribed by the department and must limit the use of the vehicle for

9-12 which it is issued to movement for the purpose set forth in the application

9-13 for the permit. Such a permit must be affixed to the vehicle in a manner

9-14 and position determined by the department and must be canceled,

9-15 destroyed or surrendered under such rules as the department may

9-16 prescribe.

9-17 3. The [registration division] motor vehicles branch of the department

9-18 shall charge a fee of $2 for each permit issued pursuant to subsection 1.

9-19 Sec. 11. NRS 483.382 is hereby amended to read as follows:

9-20 483.382 1. No later than 30 days before the expiration of his license,

9-21 the [drivers’ license division] motor vehicles branch of the department

9-22 shall mail to each licensee who has not already renewed his license an

9-23 expiration notice.

9-24 2. The department may require an applicant for a renewal license

9-25 successfully to pass such additional [test] tests as the department finds

9-26 reasonably necessary to determine his qualification according to the type

9-27 or class of license applied for.

9-28 Sec. 12. NRS 483.390 is hereby amended to read as follows:

9-29 483.390 Whenever any person after applying for or receiving a

9-30 driver’s license moves from the address named in [such] the application or

9-31 in the license issued to him, or when the name of a licensee is changed,

9-32 [such] that person shall within 10 days thereafter notify the [drivers’

9-33 license division] motor vehicles branch of the department of his new and

9-34 old addresses, or of such former and new names, and of the number of any

9-35 license then held by him.

9-36 Sec. 13. NRS 484.247 is hereby amended to read as follows:

9-37 484.247 1. The department shall prepare and upon request supply to

9-38 police departments, sheriffs and other appropriate agencies or persons

9-39 forms for written accident reports as required in this chapter, suitable with

9-40 respect to the persons required to make the reports and the purposes to be

9-41 served. The forms must be designed to call for sufficiently detailed

9-42 information to disclose with reference to an accident the cause, conditions

9-43 then existing, the persons and vehicles involved, the name and address of

10-1 the insurance company, the number of the policy providing coverage and

10-2 the dates on which the coverage begins and ends.

10-3 2. The form prepared for a report to be made by persons pursuant to

10-4 NRS 484.229 must call for such information as is required by the [drivers’

10-5 license division] motor vehicles branch of the department to enable it to

10-6 determine whether the requirements for the deposit of security under

10-7 chapter 485 of NRS are inapplicable. The [division] motor vehicles branch

10-8 of the department may rely upon the accuracy of information supplied by

10-9 a driver or owner on the form unless the [division] it has reason to believe

10-10 that the information is erroneous.

10-11 3. Every accident report required to be made in writing must be made

10-12 on the appropriate form approved by the department and must contain all

10-13 the information required therein unless it is not available.

10-14 Sec. 14. NRS 485.108 is hereby amended to read as follows:

10-15 485.108 "Registered owner" means a person whose name appears in

10-16 the records of the [registration division] motor vehicles branch of the

10-17 department as the person to whom the vehicle is registered.

10-18 Sec. 15. NRS 485.130 is hereby amended to read as follows:

10-19 485.130 1. The [division] motor vehicles branch of the department

10-20 shall:

10-21 (a) Administer and enforce the provisions of this chapter.

10-22 (b) Provide for hearings upon request of persons aggrieved by orders or

10-23 acts of the [division] motor vehicles branch of the department under the

10-24 provisions of NRS 485.185 to 485.300, inclusive.

10-25 2. The [division] motor vehicles branch of the department may adopt

10-26 regulations necessary for the administration of this chapter.

10-27 Sec. 16. NRS 485.135 is hereby amended to read as follows:

10-28 485.135 The [division] motor vehicles branch of the department shall

10-29 upon request furnish any person a certified abstract of the operating record

10-30 of any person subject to the provisions of this chapter, which abstract

10-31 [shall] must also fully designate the motor vehicles, if any, registered in the

10-32 name of [such] that person, and, if there [shall be] is no record of any

10-33 conviction of [such] that person of violating any law relating to the

10-34 operation of a motor vehicle or of any injury or damage caused by [such]

10-35 that person, the [division] motor vehicles branch of the department shall

10-36 so certify.

10-37 Sec. 17. NRS 485.137 is hereby amended to read as follows:

10-38 485.137 1. The [division] motor vehicles branch of the department

10-39 shall publish a leaflet which summarizes and explains the requirements and

10-40 provisions of this chapter.

10-41 2. The department shall:

11-1 (a) Make copies of the leaflet available without charge to all licensed

11-2 drivers in this state, to all public school pupils who are of driving age, and

11-3 to the public.

11-4 (b) Cause a copy of the leaflet to be delivered to each applicant for a

11-5 new registration of a vehicle.

11-6 (c) Enclose a copy of the leaflet with each application for a renewal of

11-7 registration of a vehicle which is mailed to the applicant pursuant to law.

11-8 Sec. 18. NRS 485.140 is hereby amended to read as follows:

11-9 485.140 Any person aggrieved by a final decision in a contested case

11-10 before the [division] motor vehicles branch of the department under this

11-11 chapter is entitled to judicial review of the decision in the manner provided

11-12 by chapter 233B of NRS.

11-13 Sec. 19. NRS 485.190 is hereby amended to read as follows:

11-14 485.190 1. If 20 days after the receipt of a report of an accident

11-15 involving a motor vehicle within this state which has resulted in bodily

11-16 injury or death, or damage to the property of any one person in excess of

11-17 $750, the [division] motor vehicles branch of the department does not

11-18 have on file evidence satisfactory to it that the person who would

11-19 otherwise be required to file security under subsection 2 of this section has

11-20 been released from liability, has been finally adjudicated not to be liable or

11-21 has executed an acknowledged written agreement providing for the

11-22 payment of an agreed amount in installments with respect to all claims for

11-23 injuries or damages resulting from the accident, the [division] motor

11-24 vehicles branch of the department shall upon request set the matter for a

11-25 hearing as provided in NRS 485.191.

11-26 2. The [division] motor vehicles branch of the department shall, at

11-27 any time after a determination adverse to an operator or owner pursuant to

11-28 NRS 485.191, suspend the license of each operator and all registrations of

11-29 each owner of a motor vehicle involved in such an accident, and, if the

11-30 operator is a nonresident, the privilege of operating a motor vehicle within

11-31 this state, and, if the owner is a nonresident, the privilege of the use within

11-32 this state of any motor vehicle owned by him, unless the operator or

11-33 owner, or both, deposit security in the sum so determined by the [division.]

11-34 motor vehicles branch of the department. Notice of such a suspension

11-35 must be sent by the [division] motor vehicles branch of the department to

11-36 the operator and owner not less than 10 days before the effective date of

11-37 the suspension and must state the amount required as security. [Where] If

11-38 erroneous information is given to the [division] motor vehicles branch of

11-39 the department with respect to the matters set forth in paragraph (a), (b) or

11-40 (c) of subsection 1 of NRS 485.200, the [division] motor vehicles branch

11-41 of the department shall take appropriate action as provided in this section

11-42 after it receives correct information with respect to those matters.

12-1 Sec. 20. NRS 485.191 is hereby amended to read as follows:

12-2 485.191 1. Any operator or owner of a motor vehicle who was

12-3 involved in an accident and who is not exempt from the requirements of

12-4 depositing security by the provisions of NRS 485.200, is entitled to a

12-5 hearing before the director or his representative before a determination of

12-6 the amount of security required pursuant to NRS 485.190, and before the

12-7 suspension of his operator’s license or registration as provided in

12-8 subsection 2 of NRS 485.190. The hearing must be held in the county of

12-9 residence of the operator. If the operator and owner reside in different

12-10 counties and the hearing would involve both of them, the hearing must be

12-11 held in the county which will be the most convenient for the summoning of

12-12 witnesses.

12-13 2. The owner or operator must be given at least 30 days’ notice of the

12-14 hearing in writing with a brief explanation of the proceedings to be taken

12-15 against him and the possible consequences of a determination adverse to

12-16 him.

12-17 3. If the operator or owner desires a hearing, he shall, within 15 days,

12-18 notify the [division] motor vehicles branch of the department in writing of

12-19 his intention. If he does not send this notice within the 15 days, he waives

12-20 his right to a hearing , [;] except that, the director may for good cause

12-21 shown permit the owner a later opportunity for a hearing.

12-22 Sec. 21. NRS 485.200 is hereby amended to read as follows:

12-23 485.200 1. The requirements as to security and suspension in NRS

12-24 485.190 to 485.300, inclusive, do not apply:

12-25 (a) To the operator or owner if he had in effect at the time of the

12-26 accident a motor vehicle liability policy with respect to the motor vehicle

12-27 involved in the accident;

12-28 (b) To the operator if there was in effect at the time of the accident a

12-29 motor vehicle liability policy with respect to his operation of any motor

12-30 vehicle;

12-31 (c) To the operator or owner if his liability for damages resulting from

12-32 the accident is, in the judgment of the [division,] motor vehicles branch of

12-33 the department, covered by any other form of liability insurance policy or

12-34 a bond;

12-35 (d) To any person qualifying as a self-insurer pursuant to NRS 485.380,

12-36 or to any person operating a motor vehicle for the self-insured;

12-37 (e) To the operator or the owner of a motor vehicle involved in an

12-38 accident wherein no injury or damage was caused to the person or property

12-39 of anyone other than the operator or owner;

12-40 (f) To the operator or the owner of a motor vehicle legally parked at the

12-41 time of the accident;

12-42 (g) To the owner of a motor vehicle if at the time of the accident the

12-43 vehicle was being operated without his permission, express or implied, or

13-1 was parked by a person who had been operating the motor vehicle without

13-2 permission; or

13-3 (h) If, before the date that the [division] motor vehicles branch of the

13-4 department would otherwise suspend the license and registration or

13-5 nonresident’s operating privilege pursuant to NRS 485.190, there is filed

13-6 with the [division] motor vehicles branch of the department evidence

13-7 satisfactory to it that the person who would otherwise have to file security

13-8 has been released from liability or has received a determination in his favor

13-9 at a hearing conducted pursuant to NRS 485.191, or has been finally

13-10 adjudicated not to be liable or has executed an acknowledged written

13-11 agreement providing for the payment of an agreed amount in installments,

13-12 with respect to all claims for injuries or damages resulting from the

13-13 accident.

13-14 2. An owner who is not the operator of the motor vehicle is not exempt

13-15 from the requirements as to security and suspension in NRS 485.190 to

13-16 485.300, inclusive, if he holds a motor vehicle liability policy which

13-17 provides coverage only when he is operating the motor vehicle and, at the

13-18 time of the accident, another person is operating the motor vehicle with the

13-19 express or implied permission of the owner.

13-20 Sec. 22. NRS 485.220 is hereby amended to read as follows:

13-21 485.220 1. The security required pursuant to NRS 485.190 to

13-22 485.300, inclusive, must be in such a form and amount as the [division]

13-23 motor vehicles branch of the department may require, but in no case in

13-24 excess of the limits specified in NRS 485.210 in reference to the

13-25 acceptable limits of a policy or bond.

13-26 2. The person depositing the security shall specify in writing the

13-27 person or persons on whose behalf the deposit is made and, at any time

13-28 while the deposit is in the custody of the [division] motor vehicles branch

13-29 of the department or the state treasurer, the person depositing it may, in

13-30 writing, amend the specification of the person or persons on whose behalf

13-31 the deposit is made to include an additional person or persons, but a single

13-32 deposit of security is applicable only on behalf of persons required to

13-33 furnish security because of the same accident.

13-34 Sec. 23. NRS 485.230 is hereby amended to read as follows:

13-35 485.230 1. The license, all registrations and the nonresident’s

13-36 operating privilege suspended as provided in NRS 485.190 must remain so

13-37 suspended and may not be renewed nor may any license or registration be

13-38 issued to any such person until:

13-39 (a) He deposits or there is deposited on his behalf the security required

13-40 under NRS 485.190;

13-41 (b) Two years have elapsed following the date of the accident and

13-42 evidence satisfactory to the [division] motor vehicles branch of the

14-1 department has been filed with it that during that period no action for

14-2 damages arising out of the accident has been instituted; or

14-3 (c) Evidence satisfactory to the [division] motor vehicles branch of the

14-4 department has been filed with it of a release from liability, or a final

14-5 adjudication of nonliability, or an acknowledged written agreement, in

14-6 accordance with NRS 485.190.

14-7 2. Upon any default in the payment of any installment under any

14-8 acknowledged written agreement, and upon notice of the default, the

14-9 [division] motor vehicles branch of the department shall suspend the

14-10 license and all registrations or the nonresident’s operating privilege of the

14-11 person defaulting, which may not be restored until:

14-12 (a) The person deposits and thereafter maintains security as required

14-13 under NRS 485.190 in such an amount as the [division] motor vehicles

14-14 branch of the department may then determine; or

14-15 (b) One year has elapsed following the date of default, or 2 years

14-16 following the date of the accident, whichever is greater, and during that

14-17 period no action upon the agreement has been instituted in a court in this

14-18 state.

14-19 3. Proof of financial responsibility, as set forth in NRS 485.307, is an

14-20 additional requirement for reinstatement of the operator’s license and

14-21 registrations under this section. He shall maintain proof of financial

14-22 responsibility for 3 years after the date of reinstatement of the license in

14-23 accordance with the provisions of this chapter. If he fails to do so the

14-24 [division] motor vehicles branch of the department shall suspend the

14-25 license and registrations.

14-26 Sec. 24. NRS 485.240 is hereby amended to read as follows:

14-27 485.240 1. If the operator or the owner of a motor vehicle involved

14-28 in an accident within this state has no license or registration, or is a

14-29 nonresident, he must not be allowed a license or registration until he has

14-30 complied with the requirements of NRS 485.190 to 485.300, inclusive, to

14-31 the same extent that would be necessary if, at the time of the accident, he

14-32 had held a license and registration.

14-33 2. When a nonresident’s operating privilege is suspended pursuant to

14-34 NRS 485.190 or 485.230, the [division] motor vehicles branch of the

14-35 department shall transmit a certified copy of the record of that action to the

14-36 [official] officer in charge of the issuance of licenses and registration

14-37 certificates in the state in which the nonresident resides, if the law of that

14-38 state provides for action in relation thereto similar to that provided for in

14-39 subsection 3.

14-40 3. Upon receipt of a certification that the operating privilege of a

14-41 resident of this state has been suspended or revoked in any other state

14-42 pursuant to a law providing for its suspension or revocation for failure to

14-43 deposit security for the payment of judgments arising out of a motor

15-1 vehicle accident, under circumstances which would require the [division]

15-2 motor vehicles branch of the department to suspend a nonresident’s

15-3 operating privilege had the accident occurred in this state, the [division]

15-4 motor vehicles branch of the department shall suspend the license of the

15-5 resident if he was the operator, and all of his registrations if he was the

15-6 owner of a motor vehicle involved in that accident. The suspension must

15-7 continue until the resident furnishes evidence of his compliance with the

15-8 law of the other state relating to the deposit of [such] that security.

15-9 Sec. 25. NRS 485.250 is hereby amended to read as follows:

15-10 485.250 The [division] motor vehicles branch of the department may

15-11 reduce the amount of security ordered in any case within 6 months after

15-12 the date of the accident if, in its judgment, the amount ordered is excessive.

15-13 In case the security originally ordered has been deposited, the excess

15-14 deposited over the reduced amount ordered [shall] must be returned to the

15-15 depositor or his personal representative forthwith, notwithstanding the

15-16 provisions of NRS 485.270.

15-17 Sec. 26. NRS 485.260 is hereby amended to read as follows:

15-18 485.260 Security deposited pursuant to the requirements of NRS

15-19 485.190 to 485.300, inclusive, must be placed by the [division] motor

15-20 vehicles branch of the department in the custody of the state treasurer.

15-21 Sec. 27. NRS 485.280 is hereby amended to read as follows:

15-22 485.280 A deposit or any balance thereof must be returned to the

15-23 depositor or his personal representative:

15-24 1. When evidence satisfactory to the [division] motor vehicles branch

15-25 of the department has been filed with it that there has been a release from

15-26 liability, a final adjudication of nonliability or an acknowledged

15-27 agreement, in accordance with paragraph (h) of subsection 1 of NRS

15-28 485.200; or

15-29 2. If 2 years after the date of the accident or 1 year [from] after the

15-30 date of deposit of any security under NRS 485.230, whichever period is

15-31 longer, the [division] motor vehicles branch of the department is given

15-32 reasonable evidence that there is no action pending and no judgment

15-33 rendered in such an action left unpaid.

15-34 Sec. 28. NRS 485.290 is hereby amended to read as follows:

15-35 485.290 1. In cases where a return to a depositor or his personal

15-36 representative is authorized and warranted under NRS 485.280 but the

15-37 address or present whereabouts of the depositor is unknown and cannot be

15-38 readily ascertained by the [division,] motor vehicles branch of the

15-39 department, the security deposited may, 90 days after its return would be

15-40 authorized by NRS 485.280, be transferred from the custody of the state

15-41 treasurer to the state highway fund for the general use of the department of

15-42 transportation upon the written and certified request of the [division.]

15-43 motor vehicles branch of the department.

16-1 2. The request made by the [division] motor vehicles branch of the

16-2 department must state the names of the parties, the dates and a concise

16-3 statement of the facts involved and must be forwarded in duplicate to the

16-4 state controller and the state treasurer.

16-5 3. The state controller and the state treasurer are directed to transfer

16-6 the amounts of security deposits from the custody of the state treasurer to

16-7 the state highway fund [in order] to effectuate the purposes of this section

16-8 upon being satisfied that the provisions of this chapter have been complied

16-9 with.

16-10 4. If the depositor of the security or his rightful heirs or legatees,

16-11 within 5 years after the transfer of the deposit to the state highway fund,

16-12 present a verified claim to the [division] motor vehicles branch of the

16-13 department and make proof of the validity of [such] the claim, the

16-14 [division,] motor vehicles branch of the department, if it is satisfied as to

16-15 the validity of the claim, may determine the amount thereby found to be

16-16 due and certify it to the state controller who shall draw his warrant therefor

16-17 on the state treasurer, who shall pay the warrant out of the state highway

16-18 fund.

16-19 5. If the [division] motor vehicles branch of the department denies

16-20 the validity of the claim, the claimant, upon notice to the attorney general,

16-21 has a right to appeal to the First Judicial District Court of the State of

16-22 Nevada, in and for Carson City, and present his proof of the validity of the

16-23 claim. If, after hearing, the court is satisfied the claimant is rightfully

16-24 entitled to the deposit, the court shall enter a decree that the money be paid

16-25 to him. The decree must be certified to the state board of examiners, stating

16-26 the amount thereby found to be due, and the state board of examiners shall

16-27 allow the amount and certify it to the state controller who shall draw his

16-28 warrant therefor on the state treasurer, who shall pay the warrant out of the

16-29 state highway fund.

16-30 6. The amounts in the custody of the state treasurer on March 19,

16-31 1955, falling under the provisions of this section, may be transferred to the

16-32 state highway fund, after the expiration of 90 days from March 19, 1955,

16-33 in accordance with the provisions of this section.

16-34 Sec. 29. NRS 485.300 is hereby amended to read as follows:

16-35 485.300 Any action taken by the [division] motor vehicles branch of

16-36 the department pursuant to NRS 485.190 to 485.300, inclusive, the

16-37 findings, if any, of the [division] motor vehicles branch of the department

16-38 upon which the action is based and the security filed pursuant to NRS

16-39 485.190 to 485.300, inclusive, are privileged against disclosure at the trial

16-40 of any action at law to recover damages.

16-41 Sec. 30. NRS 485.301 is hereby amended to read as follows:

16-42 485.301 1. Whenever any person fails within 60 days to satisfy any

16-43 judgment, the judgment creditor or his attorney may forward to the

17-1 [division] motor vehicles branch of the department immediately after the

17-2 expiration of the 60 days a certified copy of the judgment.

17-3 2. If the defendant named in any certified copy of a judgment reported

17-4 to the [division] motor vehicles branch of the department is a nonresident,

17-5 the [division] motor vehicles branch of the department shall transmit a

17-6 certified copy of the judgment to the [official] officer in charge of the

17-7 issuance of licenses and registration certificates of the state in which the

17-8 defendant is a resident.

17-9 Sec. 31. NRS 485.302 is hereby amended to read as follows:

17-10 485.302 1. The [division,] motor vehicles branch of the department

17-11 shall, upon the receipt of a certified copy of a judgment, [shall] suspend

17-12 the license, all registrations and any nonresident’s operating privilege of

17-13 any person against whom the judgment was rendered, except as otherwise

17-14 provided in this section and in NRS 485.305.

17-15 2. If the judgment creditor consents in writing, in such a form as the

17-16 [division] motor vehicles branch of the department may prescribe, that the

17-17 judgment debtor be allowed a license and registration or nonresident’s

17-18 operating privilege, it may be allowed by the [division] motor vehicles

17-19 branch of the department until the consent is revoked in writing,

17-20 notwithstanding default in the payment of the judgment or of any

17-21 installments thereof prescribed in NRS 485.305, if the judgment debtor

17-22 furnishes proof of financial responsibility as provided in NRS 485.307.

17-23 The debtor shall maintain proof of financial responsibility for 3 years after

17-24 the date of reinstatement of the license pursuant to the provisions of this

17-25 chapter. If he fails to do so, the [division] motor vehicles branch of the

17-26 department shall suspend his license and registrations.

17-27 Sec. 32. NRS 485.305 is hereby amended to read as follows:

17-28 485.305 1. A judgment debtor upon [due] notice to the judgment

17-29 creditor may apply to the court in which the judgment was rendered for the

17-30 privilege of paying the judgment in installments and the court, without

17-31 prejudice to any other legal remedies which the judgment creditor may

17-32 have, may so order and fix the amounts and times of payment of the

17-33 installments.

17-34 2. The [division] motor vehicles branch of the department shall not

17-35 suspend a license, registration or a nonresident’s operating privilege, and

17-36 shall restore any license, registrations or nonresident’s operating privilege

17-37 suspended following nonpayment of a judgment, [when] if the judgment

17-38 debtor gives proof of financial responsibility and obtains such an order

17-39 permitting the payment of the judgment in installments, and while the

17-40 payment of any such installment is not in default. The requirements of this

17-41 section for reinstatement of a license, registration or privilege are in

17-42 addition to the requirements of NRS 485.307.

18-1 3. If the judgment debtor fails to pay any installment as specified by

18-2 such an order, [then] upon notice of [such] the default, the [division] motor

18-3 vehicles branch of the department shall forthwith suspend the license,

18-4 registrations or nonresident’s operating privilege of the judgment debtor

18-5 until the judgment is satisfied, as provided in this chapter.

18-6 Sec. 33. NRS 485.3075 is hereby amended to read as follows:

18-7 485.3075 A person whose license or registrations are suspended for

18-8 failure to maintain proof of financial responsibility as required pursuant to

18-9 this Title must provide proof of financial responsibility pursuant to NRS

18-10 485.307 before his license or registrations will be reinstated. [He] The

18-11 person must maintain proof of financial responsibility for 3 years after the

18-12 date of the reinstatement of his license pursuant to the provisions of this

18-13 chapter. If he fails to do so, the [division] motor vehicles branch of the

18-14 department shall suspend his license and registrations.

18-15 Sec. 34. NRS 485.308 is hereby amended to read as follows:

18-16 485.308 1. Proof of financial responsibility may be furnished by

18-17 filing with the [division] motor vehicles branch of the department the

18-18 written certificate of any insurance carrier authorized to do business in this

18-19 state certifying that there is in effect a motor vehicle liability policy for the

18-20 benefit of the person required to furnish proof of financial responsibility.

18-21 The certificate must specify its effective date and:

18-22 (a) If the policy is an owner’s policy of liability insurance, designate by

18-23 appropriate reference all motor vehicles covered by it; or

18-24 (b) If the policy is an operator’s policy of liability insurance, designate

18-25 the person covered.

18-26 2. The department may authorize the filing of the certificates described

18-27 in subsection 1 by electronic transmission or any other means deemed

18-28 appropriate by the department.

18-29 3. An insurance carrier that certifies the existence of a motor vehicle

18-30 liability policy pursuant to subsection 1, must notify the [division] motor

18-31 vehicles branch of the department at least 10 days before the cancellation

18-32 or termination of the policy.

18-33 Sec. 35. NRS 485.309 is hereby amended to read as follows:

18-34 485.309 1. The nonresident owner of a motor vehicle not registered

18-35 in this state or a nonresident operator of a motor vehicle may give proof of

18-36 financial responsibility by filing with the [division] motor vehicles branch

18-37 of the department a written certificate of an insurance carrier authorized to

18-38 transact business:

18-39 (a) If the insurance provides coverage for the vehicle, in the state in

18-40 which the motor vehicle described in the certificate is registered; or

18-41 (b) If the insurance provides coverage for the operator only, in the state

18-42 in which the insured resides,

18-43 if the certificate otherwise conforms to the provisions of this chapter.

19-1 2. The [division] motor vehicles branch of the department shall

19-2 accept the proof upon condition that the insurance carrier complies with

19-3 the following provisions with respect to the policies so certified:

19-4 (a) The insurance carrier shall execute a power of attorney authorizing

19-5 the director to accept service on its behalf of notice or process in any

19-6 action arising out of an accident involving a motor vehicle in this state; and

19-7 (b) The insurance carrier shall agree in writing that the policies shall be

19-8 deemed to conform with the laws of this state relating to the terms of

19-9 liability policies for owners of motor vehicles.

19-10 3. If any insurance carrier not authorized to transact business in this

19-11 state, which has qualified to furnish proof of financial responsibility,

19-12 defaults in any undertakings or agreements, the [division] motor vehicles

19-13 branch of the department shall not thereafter accept as proof any

19-14 certificate of that carrier whether theretofore filed or thereafter tendered as

19-15 proof, [so] as long as the default continues.

19-16 Sec. 36. NRS 485.3092 is hereby amended to read as follows:

19-17 485.3092 When an insurance carrier has issued a motor vehicle

19-18 liability policy, the insurance so issued must not be canceled or terminated

19-19 until at least 10 days after a notice of cancellation or termination of the

19-20 insurance has been mailed first class or delivered to the insured and, if the

19-21 insurance carrier has certified the policy under NRS 485.308 or 485.309, a

19-22 notice has also been filed in the office of the [division.] motor vehicles

19-23 branch of the department. A policy subsequently procured and certified,

19-24 on the effective date of its certification, terminates the insurance previously

19-25 certified with respect to any motor vehicle designated or the person named

19-26 as the insured operator in both certificates. If the effective date of the

19-27 termination is within 3 years after the date of reinstatement of a license,

19-28 registration or privilege, the [division] motor vehicles branch of the

19-29 department shall suspend the license and registration or privilege.

19-30 Sec. 37. NRS 485.3098 is hereby amended to read as follows:

19-31 485.3098 Whenever any proof of financial responsibility filed under

19-32 the provisions of this chapter no longer fulfills the purposes for which

19-33 required, the [division] motor vehicles branch of the department shall, for

19-34 the purpose of this chapter, require other proof as required by this chapter

19-35 and shall suspend the license and registration or the nonresident’s

19-36 operating privilege pending the filing of such other proof.

19-37 Sec. 38. NRS 485.3099 is hereby amended to read as follows:

19-38 485.3099 1. The [division] motor vehicles branch of the department

19-39 shall , upon request , consent to the immediate cancellation of any

19-40 certificate of financial responsibility [, or the division shall] or waive the

19-41 requirement of filing proof of financial responsibility, in any of the

19-42 following events:

20-1 (a) At any time after 3 years [from] after the date the proof of financial

20-2 responsibility was required when, during the 3-year period preceding the

20-3 request, the [division] motor vehicles branch of the department has not

20-4 received a record of a conviction or a forfeiture of bail which would

20-5 require or permit the suspension or revocation of the license, registration or

20-6 nonresident’s operating privilege of the person by or for whom the proof

20-7 of financial responsibility was furnished;

20-8 (b) [In the event of the] The death of the person on whose behalf the

20-9 proof of financial responsibility was filed or the permanent incapacity of

20-10 the person to operate a motor vehicle; or

20-11 (c) If the person who is required to file proof of financial responsibility

20-12 surrenders his license and registration to the [division.] motor vehicles

20-13 branch of the department.

20-14 2. If a person who surrenders his license and registration pursuant to

20-15 paragraph (c) of subsection 1 applies for a license or registration within a

20-16 period of 3 years after the date proof of financial responsibility was

20-17 originally required, the application must be refused unless the applicant

20-18 reestablishes proof of financial responsibility for the remainder of the

20-19 3-year period.

20-20 Sec. 39. NRS 485.320 is hereby amended to read as follows:

20-21 485.320 1. If the license of any person is suspended as provided in

20-22 this chapter, he shall immediately return the license to the [division.] motor

20-23 vehicles branch of the department. If his registration is suspended, he

20-24 shall immediately return the certificate of registration and the license plates

20-25 to the [division.] motor vehicles branch of the department.

20-26 2. If any person fails to return any item as required by subsection 1,

20-27 the [division] motor vehicles branch of the department shall forthwith

20-28 direct any peace officer to secure possession thereof and to return the item

20-29 to the [division.] motor vehicles branch of the department.

20-30 3. A person who owns a dormant vehicle who desires to cancel the

20-31 policy of liability insurance covering that vehicle or to allow such a policy

20-32 to expire:

20-33 (a) Shall, on or before the date on which the policy is canceled or

20-34 expires, cancel the registration of the vehicle to which that policy pertains.

20-35 (b) May, if he presents the license plates for that vehicle to the

20-36 authorized personnel of the [division] motor vehicles branch of the

20-37 department for the removal and destruction of the sticker or other device

20-38 evidencing the current registration of the vehicle, retain for potential

20-39 reinstatement the license plates for a period not to exceed 1 year.

20-40 4. The department shall adopt regulations which define "extended

20-41 period," "mechanical circumstances" and "seasonal circumstances" for the

20-42 purposes of NRS 485.0335.

20-43 Sec. 40. NRS 485.326 is hereby amended to read as follows:

21-1 485.326 1. The department shall suspend the license of any person

21-2 convicted of violating the provisions of paragraph (a) of subsection 1 of

21-3 NRS 485.187.

21-4 2. Any license suspended pursuant to subsection 1 must remain

21-5 suspended until the person shows proof of financial responsibility as set

21-6 forth in NRS 485.307. The person shall maintain proof of financial

21-7 responsibility for 3 years after the reinstatement of his license pursuant to

21-8 the provisions of this chapter, and if he fails to do so, the [division] motor

21-9 vehicles branch of the department shall suspend any license previously

21-10 suspended pursuant to subsection 1.

21-11 Sec. 41. NRS 485.380 is hereby amended to read as follows:

21-12 485.380 1. Any person in whose name more than 10 motor vehicles

21-13 are registered in the State of Nevada may qualify as a self-insurer by

21-14 obtaining a certificate of self-insurance issued by the [division] motor

21-15 vehicles branch of the department as provided in subsection 2.

21-16 2. The [division] motor vehicles branch of the department may, upon

21-17 the application of such a person, issue a certificate of self-insurance when:

21-18 (a) It is satisfied that he possesses and will continue to possess the

21-19 ability to pay judgments obtained against him; and

21-20 (b) The person provides security to satisfy judgments against him in an

21-21 amount prescribed by regulation of the department.

21-22 3. The certificate of self-insurance must include:

21-23 (a) The name and address of the self-insurer;

21-24 (b) The expiration date of the self-insurance; and

21-25 (c) The statements:

21-26 (1) "Self-insured"; and

21-27 (2) "This certificate of self-insurance or a photocopy thereof must be

21-28 carried in the motor vehicle which is self-insured for production on

21-29 demand."

21-30 4. Upon not less than 5 days’ notice and a hearing pursuant to the

21-31 notice, the [division] motor vehicles branch of the department may, upon

21-32 reasonable grounds, cancel a certificate of self-insurance. Failure to pay

21-33 any judgment within 30 days after it becomes final constitutes a reasonable

21-34 ground for the cancellation of a certificate of self-insurance.

21-35 5. The department shall adopt regulations which set forth the amount

21-36 of security which must be provided by a self-insurer pursuant to subsection

21-37 2.

21-38 Sec. 42. NRS 485.385 is hereby amended to read as follows:

21-39 485.385 Whenever the [division] motor vehicles branch of the

21-40 department has taken any action or has failed to take any action under this

21-41 chapter by reason of having received erroneous information or by reason

21-42 of having received no information, [then] upon receiving correct

21-43 information within 2 years after the date of the accident the [division]

22-1 motor vehicles branch of the department shall take appropriate action to

22-2 carry out the purposes [and effect] of this chapter. The foregoing does not

22-3 require the [division] motor vehicles branch of the department to

22-4 reevaluate the amount of any deposit required under this chapter.

22-5 Sec. 43. NRS 487.230 is hereby amended to read as follows:

22-6 487.230 1. Any sheriff, constable, member of the Nevada highway

22-7 patrol, officer of the legislative police, investigator of the [bureau of]

22-8 section for the enforcement of the laws relating to motor vehicles of the

22-9 [registration division] motor vehicles branch of the department, personnel

22-10 of the capitol police division of the department, designated employees of

22-11 the manufactured housing division of the department of business and

22-12 industry, special investigator employed by the office of a district attorney,

22-13 marshal or policeman of a city or town, or a marshal or park ranger who is

22-14 part of a unit of specialized law enforcement established pursuant to NRS

22-15 280.125 who has reason to believe that a vehicle has been abandoned on

22-16 public property in his jurisdiction may remove the vehicle from that

22-17 property. At the request of the owner or person in possession or control of

22-18 private property who has reason to believe that a vehicle has been

22-19 abandoned on his property, the vehicle may be removed by the operator of

22-20 a tow car or an automobile wrecker from that private property.

22-21 2. A person who authorizes the removal of an abandoned vehicle

22-22 pursuant to subsection 1 shall:

22-23 (a) Have the vehicle taken to the nearest garage or other place

22-24 designated for storage by:

22-25 (1) The state agency or political subdivision making the request, if

22-26 the vehicle is removed from public property.

22-27 (2) The owner or person in possession or control of the property, if

22-28 the vehicle is removed from private property.

22-29 (b) Make all practical inquiries to ascertain if the vehicle is stolen by

22-30 checking the license plate number, vehicle identification number and other

22-31 available information which will aid in identifying the registered and legal

22-32 owner of the vehicle and supply the information to the person who is

22-33 storing the vehicle.

22-34 Sec. 44. NRS 108.2679 is hereby amended to read as follows:

22-35 108.2679 "Registered owner" means:

22-36 1. A person whose name appears in the files of the manufactured

22-37 housing division of the department of business and industry as the person

22-38 to whom the mobile home or manufactured home is registered, but does

22-39 not include:

22-40 (a) A creditor who holds title to the mobile home or manufactured

22-41 home; or

22-42 (b) The owner or holder of a lien encumbering the mobile home or

22-43 manufactured home.

23-1 2. A person whose name appears in the files of the [registration

23-2 division] motor vehicles branch of the department of motor vehicles and

23-3 public safety as the person to whom the vehicle is registered.

24-1 Sec. 45. NRS 108.310 is hereby amended to read as follows:

24-2 108.310 Subject to the provisions of NRS 108.315, the lien created in

24-3 NRS 108.270 to 108.360, inclusive, may be satisfied as follows:

24-4 1. The lien claimant shall give written notice to the person on whose

24-5 account the storing, maintaining, keeping, repairing, labor, fuel, supplies,

24-6 facilities, services or accessories were made, done or given, and to any

24-7 other person known to have or to claim an interest in the motor vehicle,

24-8 aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer,

24-9 recreational vehicle, mobile home or manufactured home, upon which the

24-10 lien is asserted, and to the:

24-11 (a) Manufactured housing division of the department of business and

24-12 industry with regard to mobile homes, manufactured homes, and

24-13 commercial coaches as defined in chapter 489 of NRS; or

24-14 (b) [Registration division] Motor vehicles branch of the department of

24-15 motor vehicles and public safety with regard to all other items included in

24-16 this section.

24-17 2. In accordance with the terms of a notice so given, a sale by auction

24-18 may be [had] held to satisfy any valid claim which has become a lien on

24-19 the motor vehicle, aircraft, motorcycle, motor or aircraft equipment,

24-20 aircraft parts, trailer, recreational vehicle, mobile home or manufactured

24-21 home. The sale must be [had] held in the place where the lien was

24-22 acquired, or, if that place is manifestly unsuitable for the purpose, at the

24-23 nearest suitable place.

24-24 3. After the time for the payment of the claim specified in the notice

24-25 has elapsed, an advertisement of the sale, describing the motor vehicle,

24-26 aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer,

24-27 recreational vehicle, mobile home or manufactured home to be sold, and

24-28 stating the name of the owner or person on whose account it is held, and

24-29 the time and place of the sale, must be published once a week for 3

24-30 consecutive weeks in a newspaper published in the place where the sale is

24-31 to be held, but if no newspaper is published in that place , then in [some] a

24-32 newspaper published in this state [and having] that has a general

24-33 circulation in that place. The sale must not be held less than 22 days after

24-34 the time of the first publication.

24-35 4. From the proceeds of the sale the lien claimant who furnished the

24-36 services, labor, fuel, accessories, facilities or supplies shall satisfy his lien,

24-37 including the reasonable charges of notice, advertisement and sale. The

24-38 balance, if any, of the proceeds must be delivered, on demand, to the

24-39 person to whom he would have been bound to deliver, or justified in

24-40 delivering, the motor vehicle, aircraft, motorcycle, motor or aircraft

24-41 equipment, aircraft parts, trailer, recreational vehicle, mobile home or

24-42 manufactured home.

25-1 Sec. 46. NRS 108.315 is hereby amended to read as follows:

25-2 108.315 1. Any landlord who desires to enforce a lien for unpaid

25-3 rent or rent and utilities under the provisions of NRS 108.270 to 108.360,

25-4 inclusive, must within 15 days after the rent is 30 days past due, make a

25-5 demand in writing upon the registered owner of the recreational vehicle,

25-6 mobile home or manufactured home, for the amount due, stating that a lien

25-7 is claimed on the recreational vehicle, mobile home or manufactured

25-8 home. A copy of the demand must be sent to every holder of a security

25-9 interest and every person who is listed in the records of the manufactured

25-10 housing division of the department of business and industry as holding an

25-11 ownership or other interest in, and every tenant or subtenant of, the

25-12 recreational vehicle, mobile home or manufactured home, and to the:

25-13 (a) Manufactured housing division of the department of business and

25-14 industry, with regard to mobile homes and manufactured homes; or

25-15 (b) [Registration division] Motor vehicles branch of the department of

25-16 motor vehicles and public safety, with regard to recreational vehicles,

25-17 by registered or certified mail.

25-18 2. To obtain the name and address of a holder of a security interest or

25-19 a person who is listed in the records of the manufactured housing division

25-20 of the department of business and industry as holding an ownership or

25-21 other interest in the recreational vehicle, mobile home or manufactured

25-22 home, the landlord shall, before making the demand for payment, request

25-23 that information from the:

25-24 (a) Manufactured housing division of the department of business and

25-25 industry, with regard to mobile homes, manufactured homes, and

25-26 commercial coaches as defined in chapter 489 of NRS; or

25-27 (b) Department of motor vehicles and public safety, with regard to all

25-28 other vehicles,

25-29 and the state agency shall supply that information from its records. If the

25-30 recreational vehicle, mobile home or manufactured home is registered in

25-31 another state, territory or country, the landlord shall, before making the

25-32 demand for payment, obtain the information from the appropriate agency

25-33 of that state, territory or country.

25-34 3. A landlord who enforces a lien for unpaid rent may recover an

25-35 amount equal to:

25-36 (a) The amount of the unpaid rent;

25-37 (b) The cost of any advertising and notices required pursuant to NRS

25-38 108.270 to 108.360, inclusive;

25-39 (c) The cost and fees ordered by a court in any action contesting the

25-40 validity of a lien; and

25-41 (d) The cost of a sale, if a sale by auction is made pursuant to the

25-42 provisions of NRS 108.310.

26-1 4. No recreational vehicle, mobile home or manufactured home may

26-2 be sold for delinquent rent or rent and utilities until 4 months have elapsed

26-3 after the first default in payment, and a notice of lien has been served

26-4 pursuant to subsection 1. At least 10 days but not more than 30 days before

26-5 a sale, a written notice of sale by auction must be sent to the registered

26-6 owner and tenant or subtenant and to every holder of a security interest and

26-7 every person who is listed in the records of the manufactured housing

26-8 division of the department of business and industry as holding an

26-9 ownership or other interest in the recreational vehicle, mobile home or

26-10 manufactured home by registered or certified mail stating that a sale by

26-11 auction of the recreational vehicle, mobile home or manufactured home is

26-12 to be made pursuant to the provisions of NRS 108.310. The written notice

26-13 of sale by auction must include the time and location of the sale, the

26-14 amount necessary to satisfy the lien and a description of the legal

26-15 proceeding available to contest the lien pursuant to NRS 108.350 and

26-16 108.355.

26-17 Sec. 47. NRS 289.270 is hereby amended to read as follows:

26-18 289.270 1. The following persons have the powers of a peace

26-19 officer:

26-20 (a) The director of the department of motor vehicles and public safety.

26-21 (b) The chiefs of the divisions of the department of motor vehicles and

26-22 public safety.

26-23 (c) The deputy directors of the department of motor vehicles and public

26-24 safety employed pursuant to subsection 2 of NRS 481.035.

26-25 (d) The investigators and agents of the investigation division of the

26-26 department of motor vehicles and public safety and any other officer or

26-27 employee of that division whose principal duty is to enforce one or more

26-28 laws of this state, and any person promoted from such a duty to a

26-29 supervisory position related to such a duty.

26-30 (e) The personnel of the capitol police division of the department of

26-31 motor vehicles and public safety appointed pursuant to subsection 2 of

26-32 NRS 331.140.

26-33 2. The personnel of the Nevada highway patrol appointed pursuant to

26-34 subsection 2 of NRS 481.150 have the powers of a peace officer specified

26-35 in NRS 481.150 and 481.180.

26-36 3. Administrators and investigators of the [bureau of] section for the

26-37 enforcement of laws relating to motor vehicles of the [registration

26-38 division] motor vehicles branch of the department of motor vehicles and

26-39 public safety have the powers of a peace officer to enforce any law of the

26-40 State of Nevada in carrying out their duties under NRS 481.048.

26-41 4. Officers and investigators of the section for the control of emissions

26-42 from vehicles of the [registration division] motor vehicles branch of the

26-43 department of motor vehicles and public safety, appointed pursuant to

27-1 NRS 481.0481, have the powers of peace officers in carrying out their

27-2 duties under that section.

27-3 5. Members of the state disaster identification team of the division of

27-4 emergency management of the department of motor vehicles and public

27-5 safety who are, pursuant to NRS 414.270, activated by the chief of the

27-6 division during a state of emergency proclaimed pursuant to NRS 414.070

27-7 to perform the duties of the state disaster identification team, have the

27-8 powers of peace officers in carrying out those duties.

27-9 Sec. 48. NRS 293.504 is hereby amended to read as follows:

27-10 293.504 1. The following offices shall serve as voter registration

27-11 agencies:

27-12 (a) Such offices that provide public assistance as are designated by the

27-13 secretary of state;

27-14 (b) Each office that receives money from the State of Nevada to provide

27-15 services to persons in this state who are disabled;

27-16 (c) The offices of the [drivers’ license division] motor vehicles branch

27-17 of the department of motor vehicles and public safety;

27-18 (d) The offices of the city and county clerks; and

27-19 (e) Such other offices as the secretary of state deems appropriate.

27-20 2. Each voter registration agency shall:

27-21 (a) Make applications to register to vote which may be returned by mail

27-22 available to each person who applies for or receives services or assistance

27-23 from the agency;

27-24 (b) Provide the same amount of assistance to an applicant in completing

27-25 an application to register to vote as the agency provides to a person

27-26 completing any other forms for the agency; and

27-27 (c) Accept completed applications to register to vote.

27-28 3. Except as otherwise provided in this subsection and NRS 293.524,

27-29 any application to register to vote accepted by a voter registration agency

27-30 must be transmitted to the county clerk not later than 10 days after the

27-31 application is accepted. During the 2 weeks immediately preceding the

27-32 close of registration for an election, the applications must be forwarded

27-33 daily. The county clerk shall accept any application to register to vote

27-34 which is completed by the last day to register if he receives the application

27-35 not later than 5 days after the close of registration.

27-36 4. The secretary of state shall cooperate with the Secretary of Defense

27-37 to develop and carry out procedures to enable persons in this state to apply

27-38 to register to vote at recruitment offices of the United States Armed Forces.

27-39 Sec. 49. NRS 445B.830 is hereby amended to read as follows:

27-40 445B.830 1. In areas of the state where and when a program is

27-41 commenced pursuant to NRS 445B.770 to 445B.815, inclusive, the

27-42 following fees must be paid to the department of motor vehicles and public

28-1 safety and accounted for in the pollution control account, which is hereby

28-2 created in the state general fund:

28-3 (a) For the issuance and annual renewal of license for an

28-4 authorized inspection station, authorized maintenance station,

28-5 authorized station or fleet station $25

28-6 (b) For each set of 25 forms certifying emission control

28-7 compliance 125

28-8 (c) For each form issued to a fleet station 5

28-9 2. Except as otherwise provided in subsections 4, 5 and 6, all fees must

28-10 be used by that department as needed to carry out the provisions of NRS

28-11 445B.700 to 445B.845, inclusive.

28-12 3. The department of motor vehicles and public safety may prescribe

28-13 by regulation routine fees for inspection at the prevailing shop labor rate,

28-14 including maximum charges for those fees, and for the posting of those

28-15 fees in a conspicuous place at an authorized inspection station or

28-16 authorized station.

28-17 4. The department of motor vehicles and public safety shall by

28-18 regulation establish a program to award grants of:

28-19 (a) Money in the pollution control account to agencies in nonattainment

28-20 or maintenance areas for carbon monoxide for programs related to the

28-21 improvement of the quality of air. The amount of money granted must not

28-22 exceed that portion of the money in the pollution control account that

28-23 equals [1/5] one-fifth of the amount received for each form issued

28-24 pursuant to subsection 1.

28-25 (b) Excess money in the pollution control account to air pollution

28-26 control agencies established pursuant to NRS 445B.205 or 445B.500. As

28-27 used in this paragraph, "excess money" means the money in excess of

28-28 $500,000 remaining in the pollution control account at the end of the fiscal

28-29 year.

28-30 5. Any regulations adopted pursuant to subsection 4 must provide for

28-31 the creation of an advisory committee consisting of representatives of state

28-32 and local agencies involved in the control of emissions from motor

28-33 vehicles. The committee shall:

28-34 (a) Review applications for grants and make recommendations for their

28-35 approval, rejection or modification;

28-36 (b) Establish goals and objectives for the program for control of

28-37 emissions from motor vehicles;

28-38 (c) Identify areas where funding should be made available; and

28-39 (d) Review and make recommendations concerning regulations adopted

28-40 pursuant to subsection 4 or NRS 445B.770.

28-41 6. Grants proposed pursuant to subsections 4 and 5 must be submitted

28-42 to the [chief] deputy director of the [registration division] motor vehicles

28-43 branch of the department of motor vehicles and public safety and the

29-1 administrator of the division of environmental protection of the state

29-2 department of conservation and natural resources. Proposed grants

29-3 approved by the [chief] deputy director and the administrator must not be

29-4 awarded until approved by the interim finance committee.

29-5 Sec. 50. NRS 617.135 is hereby amended to read as follows:

29-6 617.135 "Police officer" includes:

29-7 1. A sheriff, deputy sheriff, officer of a metropolitan police department

29-8 or city policeman;

29-9 2. A chief, inspector supervisor, commercial officer or trooper of the

29-10 Nevada highway patrol;

29-11 3. A chief, investigator or agent of the investigation division of the

29-12 department of motor vehicles and public safety;

29-13 4. An officer or investigator of the section for the control of emissions

29-14 from vehicles of the [registration division] motor vehicles branch of the

29-15 department of motor vehicles and public safety;

29-16 5. An investigator of the [bureau of] section for the enforcement of

29-17 laws relating to motor vehicles of the [registration division] motor

29-18 vehicles branch of the department of motor vehicles and public safety;

29-19 6. A member of the police department of the University and

29-20 Community College System of Nevada;

29-21 7. A:

29-22 (a) Uniformed employee of; or

29-23 (b) Forensic specialist employed by,

29-24 the department of prisons whose position requires regular and frequent

29-25 contact with the offenders imprisoned and subjects the employee to recall

29-26 in emergencies;

29-27 8. A parole and probation officer of the division of parole and

29-28 probation of the department of motor vehicles and public safety; and

29-29 9. A forensic specialist or correctional officer employed by the mental

29-30 hygiene and mental retardation division of the department of human

29-31 resources at facilities for mentally disordered offenders.

29-32 Sec. 51. NRS 706.8828 is hereby amended to read as follows:

29-33 706.8828 1. A certificate holder shall file with the administrator, and

29-34 keep in effect at all times, a policy of insurance with an insurance company

29-35 licensed to do business in the State of Nevada.

29-36 2. The insurance policy specified in subsection 1 must:

29-37 (a) Provide the following coverage:

29-38 For injury to one person in any one accident $100,000

29-39 For injury to two or more persons in any one accident 300,000

29-40 For property damage in any one accident 10,000

30-1 (b) Contain a clause which states substantially that the insurance

30-2 carrier may only cancel the policy upon 30 days’ written notice to the

30-3 certificate holder and administrator; and

30-4 (c) Contain such other provisions concerning notice as may be required

30-5 by law to be given to the certificate holder.

30-6 3. If an insurance policy is canceled, the certificate holder shall not

30-7 operate or cause to be operated any taxicab that was covered by the policy

30-8 until other insurance is furnished.

30-9 4. A certificate holder to whom the [drivers’ license division] motor

30-10 vehicles branch of the department of motor vehicles and public safety has

30-11 issued a certificate of self-insurance may self-insure the first $50,000,

30-12 combined single-limit, per accident, of the coverage required by subsection

30-13 2.

30-14 Sec. 52. NRS 485.033 is hereby repealed.

30-15 Sec. 53. 1. The administrative regulations adopted by any officer,

30-16 bureau or division whose name is changed or whose authority to adopt

30-17 those regulations is transferred pursuant to the provisions of this act,

30-18 become the regulations of the officer, section, division, branch or

30-19 department to whom that authority is transferred.

30-20 2. The contracts or other agreements entered into by any officer,

30-21 bureau or division whose name is changed or whose authority to enter into

30-22 those contracts or other agreements is transferred pursuant to the

30-23 provisions of this act, are binding upon and may be enforced by the officer,

30-24 division, branch or department to whom the authority is transferred.

30-25 3. Any action taken by an officer, bureau or division whose name is

30-26 changed or whose authority to take that action is transferred pursuant to the

30-27 provisions of this act, remains in effect as if taken by the officer, section,

30-28 division, branch or department to whom, that authority is transferred.

30-29 Sec. 54. This act becomes effective upon passage and approval for the

30-30 purpose of authorizing any preliminary activities necessary to ensure that

30-31 the provisions of this act are carried out in an orderly fashion and, for all

30-32 other purposes:

30-33 1. This section and sections 53 and 55 of this act become effective on

30-34 July 1, 1999; and

30-35 2. Sections 1 to 52, inclusive, of this act become effective on July 1,

30-36 2000.

30-37 Sec. 55. The legislative counsel shall:

30-38 1. In preparing the reprint and supplements to the Nevada Revised

30-39 Statutes, appropriately change any reference to an officer, bureau, division

30-40 or other entity whose name is changed or whose responsibilities are

30-41 transferred pursuant to the provisions of this act to refer to the appropriate

30-42 officer, division, branch, department or other entity.

31-1 2. In preparing supplements to the Nevada Administrative Code,

31-2 appropriately change any reference to an officer, bureau, division or other

31-3 entity whose name is changed or whose responsibilities are transferred

31-4 pursuant to the provisions of this act to refer to the appropriate officer,

31-5 division, branch, department or other entity.

 

31-6 TEXT OF REPEALED SECTION

 

31-7 485.033 "Division" defined. "Division" means the drivers’ license

31-8 division of the department or any other division to which the director has

31-9 assigned responsibility for administration of this chapter.

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