Assembly Bill No. 679–Committee on Transportation
CHAPTER........
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:
Section 1. Chapter 481 of NRS is hereby amended by adding thereto a
new section to read as follows:
1. The motor vehicles branch consists of the following persons who
are appointed by the director:
(a) A deputy director; and
(b) Within the limitations of legislative appropriation, such managers,
specialists, investigators and staff, who are employed in the classified
service of the state, as the director determines to be necessary to carry out
the duties of the department.
2. The deputy director of the motor vehicles branch shall:
(a) Administer the laws relating to motor vehicles and the licensing of
drivers, as provided in NRS 481.048, 481.0481 and 481.071; and
(b) Maintain records and other information relating to motor vehicles
and the licensing of drivers, as provided in NRS 481.048, 481.0481 and
481.071.
Sec. 2.
NRS 481.048 is hereby amended to read as follows:481.048 1. There is hereby created, within the
motor vehicles
branch of the department,division of compliance enforcement.
2. The director shall appoint, within the limits of legislative
appropriations, investigators
registration division of the department.] for the division.
3. The duties of the investigators are to travel the state and:
(a) Act as investigators in the enforcement of the provisions of chapters
482 and 487 of NRS, NRS 108.265 to 108.360, inclusive, and 108.440 to
108.500, inclusive, as those sections pertain to motor vehicles, trailers,
motorcycles, recreational vehicles and semitrailers, as defined in chapter
482 of NRS.
(b) Act as adviser to dealers in connection with any problems arising
under the provisions of that chapter.
(c) Cooperate with personnel of the Nevada highway patrol in the
enforcement of the motor vehicle laws as they pertain to dealers. (d)
Act as investigators in the enforcement of the provisions of NRS483.700 to 483.780, inclusive, relating to the licensing of schools and
instructors for training drivers.
(e)
Perform such other duties as may be imposed by the director.Sec. 3. NRS 481.0481 is hereby amended to read as follows:
481.0481 1. There is hereby created, within the
division] motor vehicles branch of the department, a section for the control
of emissions from vehicles.
2. The director shall appoint, within the limits of legislative
appropriations, investigators, officers and technicians for the control of
emissions from vehicles.
3. The duties of the investigators, officers and technicians are to travel
the state and:
(a) Act as agents and inspectors in the enforcement of the provisions of
NRS 445B.700 to 445B.845, inclusive, chapter 482 of NRS , and NRS
484.644 and 484.6441.
(b) Cooperate with the division of environmental protection of the state
department of conservation and natural resources in all matters pertaining
to the control of emissions from vehicles.
(c) Perform such other duties as may be imposed by the director.
Sec. 4. NRS 481.053 is hereby amended to read as follows:
481.053 1. The governor shall appoint the peace officers' standards
and training committee.
2. The committee consists of seven members, one appointed from
Clark County, one from Washoe County, three from any other counties, one
from category II peace officers and one from category III peace officers.
Members serve terms of 2 years from the date of appointment. Members
serve without compensation but are entitled to the per diem allowance and
travel expenses provided by law for state officers and employees generally.
3. The governor shall make the appointments from recommendations
submitted by Clark County, Washoe County, professional organizations of
sheriffs and police chiefs of this state, category II peace officers and
category III peace officers.
4. The committee shall:
(a) Meet at the call of the chairman, who must be elected by the
members of the committee.
(b) Provide for and encourage the training and education of peace
officers in order to improve the system of criminal justice.
(c) Adopt regulations establishing minimum standards for the
certification and decertification, recruitment, selection and training of peace
officers.
(d) Make necessary inquiries to determine whether agencies of the state
and of local governments are complying with standards set forth in its
regulations.
(e) Carry out the duties required of the committee pursuant to NRS
432B.610 and 432B.620. 5. Regulations adopted by the committee:
(a) Apply to all agencies of the state and of local governments which
employ persons as peace officers;
(b) Must require that all peace officers receive training in the handling
of cases involving abuse or neglect of children or missing children; and
(c) May require that training be carried on at institutions which it
approves in those regulations.
6. The director may adopt regulations necessary for the operation of
the committee and the enforcement of laws administered by the committee.
7. As used in this section:
(a) "Category II peace officer" means:
(1) The bailiff of the supreme court;
(2) The bailiffs of the district courts, justices' courts and municipal
courts whose duties require them to carry weapons and make arrests;
(3) Constables and their deputies whose official duties require them to
carry weapons and make arrests;
(4) Inspectors employed by the transportation services authority who
exercise those powers of enforcement conferred by chapters 706 and 712 of
NRS;
(5) Parole and probation officers;
(6) Special investigators who are employed full time by the office of
any district attorney or the attorney general;
(7) Investigators of arson for fire departments who are specially
designated by the appointing authority;
(8) The assistant and deputies of the state fire marshal;
(9) The brand inspectors of the division of agriculture of the
department of business and industry who exercise the powers of
enforcement conferred in chapter 565 of NRS;
(10) Investigators for the state forester firewarden who are specially
designated by him and whose primary duties are the investigation of arson;
(11) School police officers employed by the board of trustees of any
county school district;
(12) Agents of the state gaming control board who exercise the
powers of enforcement specified in NRS 289.360, 463.140 or 463.1405,
except those agents whose duties relate primarily to auditing, accounting,
the collection of taxes or license fees, or the investigation of applicants for
licenses;
(13) Investigators and administrators of the
compliance enforcement of the
branch
of the department of motor vehicles and public safety who performthe duties specified in subsection 3 of NRS 481.048;
(14) Officers and investigators of the section for the control of
emissions from vehicles of the
branch
of the department of motor vehicles and public safety who performthe duties specified in subsection 3 of NRS 481.0481;
(15) Legislative police officers of the State of Nevada
; (16) The personnel of the capitol police division of the department of
motor vehicles and public safety appointed pursuant to subsection 2 of
NRS 331.140;
(17) Parole counselors of the division of child and family services of
the department of human resources;
(18) Juvenile probation officers and deputy juvenile probation
officers employed by the various judicial districts in the State of Nevada or
by a department of family, youth and juvenile services established pursuant
to NRS 62.1264 whose official duties require them to enforce court orders
on juvenile offenders and make arrests;
(19) Field investigators of the taxicab authority;
(20) Security officers employed full time by a city or county whose
official duties require them to carry weapons and make arrests;
(21) The chief of a department of alternative sentencing created
pursuant to NRS 211A.080 and the assistant alternative sentencing officers
employed by that department; and
(22) Criminal investigators who are employed by the secretary of
state.
(b) "Category III peace officer" means peace officers whose authority is
limited to correctional services, and includes the superintendents and
correctional officers of the department of prisons.
Sec. 5. NRS 481.057 is hereby amended to read as follows:
481.057 In counties with a population in excess of 100,000, the
director may arrange for the office of the
vehicles branch of the department
to remain open on Saturdays andSundays and at hours other than 8 a.m. to 5 p.m.
Sec. 6. NRS 481.067 is hereby amended to read as follows:
481.067 1. The department
(a) A registration division.
(b) A drivers' license division.
(c)] consists of:
(a) A motor vehicles branch that includes:
(1) A division of compliance enforcement.
(2) A division of field services.
(3) A division of central services and records.
(4) A division of management services and programs.
(b) A public safety branch that includes:
(1) A Nevada highway patrol division.
.
(c) Such other branches or divisions as the director may from time totime establish.
2. Before he reorganizes the department, the director shall obtain the
approval of:
(a) The legislature, if it is in regular session; or
(b) The interim finance committee, if the legislature is not in regular
session.
Sec. 7. NRS 481.071 is hereby amended to read as follows:
481.071 1. Any change in the organization of the department may
include the
branches, divisions, functions and responsibilities described insubsection 2 but must not include those described in
(i)] paragraphs (d), (g) and (h) of that subsection.
2. Unless the organization of the department is changed by the director,
the primary functions and responsibilities of the specified branches and
divisions of the department are as follows:
(a) The
(1) Execute, administer and enforce the provisions of chapter 482 of
NRS and perform such duties and exercise such powers as may be
conferred upon it pursuant to chapter 482 of NRS and the provisions of any
other laws;
(2) Execute and administer the laws relative to the licensing of motor
vehicle carriers and the use of public highways by those carriers as
contained in chapter 706 of NRS;
(3) Perform such duties and exercise such powers as may be
conferred upon it pursuant to chapter 706 of NRS
;any other laws;]
(4) Execute and administer the provisions of chapter 366 of NRS,
relating to the imposition and collection of taxes on special fuels used for
motor vehicles;
(5) Perform such duties and exercise such powers as may be
conferred upon it pursuant to chapter 366 of NRS
any other laws.
(b) The drivers' license division shall execute,] ;
(6) Execute, administer and enforce the provisions of chapter 483 of
NRS and perform such duties and exercise such powers as may be
conferred upon it pursuant to chapter 483 of NRS [and the provisions of
any other laws.
(c)] ;
(7) Execute, administer and enforce the provisions of chapter 485
of NRS and perform such duties and exercise such powers as may be
conferred upon it pursuant to chapter 485 of NRS;
(8) Execute, administer and enforce the laws relating to the
licensing of drivers of motorcycles and similar vehicles in accordance
with the provisions of chapter 486 of NRS; (9) Execute, administer and enforce the provisions of chapter 487
of NRS and perform such duties and exercise such powers as may be
conferred upon it pursuant to chapter 487 of NRS; and
(10) Execute, administer and enforce the provisions of chapter 108
of NRS and perform such duties and exercise such powers relating to
liens on vehicles as may be conferred upon it pursuant to chapter 108 of
NRS or the provisions of any other laws.
(b) The administrative services division shall furnish fiscal , [and]
accounting
and other administrative services to the director and thevarious
branches and divisions , and advise and assist the director and thevarious
branches and divisions in carrying out their functions andresponsibilities.
(1) Execute, administer and enforce the provisions of chapter 453 of
NRS relating to controlled substances and chapter 454 of NRS relating to
dangerous drugs;
(2) Assist the secretary of state in carrying out an investigation
pursuant to NRS 293.124; and
(3) Perform such duties and exercise such powers as may be
conferred upon it pursuant to this chapter and any other laws.
and enforce the provisions of chapter 484 of NRS and perform such duties
and exercise such powers as may be conferred upon it pursuant to NRS
481.180 and the provisions of any other laws.
administer and enforce the provisions of chapter 414 of NRS and perform
such duties and exercise such powers as may be conferred upon it pursuant
to chapter 414 of NRS and the provisions of any other laws.
enforce the provisions of chapter 477 of NRS and perform such duties and
exercise such powers as may be conferred upon it pursuant to chapter 477
of NRS and the provisions of any other laws.
and enforce the provisions of chapters 176A and 213 of NRS relating to
parole and probation and perform such duties and exercise such powers as
may be conferred upon it pursuant to those chapters and the provisions of
any other
(i)] laws.
(h) The capitol police division shall assist the chief of the buildings and
grounds division of the department of administration in the enforcement of
subsection 1 of NRS 331.140.
(i) The training division shall provide training to the employees of the
department.
Sec. 8. NRS 482.102 is hereby amended to read as follows:
482.102 "Registered owner" means
firm, corporation or association whose name appears in the files of themotor
the person to whom the vehicle is registered.
Sec. 9. NRS 482.379 is hereby amended to read as follows:
482.379 1. The director may order the design and preparation of
license plates which commemorate the 125th anniversary of Nevada's
admission into the Union and establish the procedures for the application
and issuance of the plates.
2. The department may designate any colors, numbers and letters for
the commemorative plates.
3. A person who is entitled to license plates pursuant to NRS 482.265
may apply for commemorative license plates.
4. The fee for the commemorative license plates is $10, in addition to
all other applicable registration and license fees and motor vehicle privilege
taxes. If a person is eligible for and applies for any special license plates
issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.368 or
482.370 to 482.3825, inclusive, and applies to have those special license
plates combined with commemorative plates, the person must pay the fees
for the special license plates in addition to the fee for the commemorative
plates.
5. In addition to all fees for the license, registration and privilege taxes,
a person who is eligible for and applies for commemorative plates must pay
$25 for the celebration of the 125th anniversary of Nevada's admission into
the Union. The fees for the license, registration, privilege taxes and the
charge for the celebration may be paid with a single check.
6. Commemorative plates are renewable upon the payment of $10.
7. If during a registration year, the holder of commemorative plates
issued pursuant to the provisions of this section disposes of the vehicle to
which the plates are affixed, he may retain the plates and:
(a) Within 30 days after removing the plates from the vehicle, return
them to the department; or
(b) Affix them to another vehicle which meets the requirements of this
section if the transfer and registration fees are paid as is provided for in this
chapter. A person who transfers plates must be allowed a
twelfth
reduction in fees for each calendar month remaining unused fromthe previous registration.
8. Except as otherwise provided by subsection 10, if a commemorative
license plate or set of license plates issued pursuant to the provisions of this
section is lost, stolen or mutilated, the owner of the vehicle may secure a
replacement license plate or set of replacement license plates, as the case
may be, from the department upon payment of the fees set forth in
subsection 2 of NRS 482.500.
9. The department shall, for each set of commemorative license plates
that it issues:
(a) Deposit the $25 collected for the celebration of the 125th
anniversary of Nevada's admission into the Union with the state treasurerfor credit to the account for Nevada's 125th anniversary in the state general
fund;
(b) Deposit $7.50 with the state treasurer for credit to the motor vehicle
fund pursuant to the provisions of NRS 482.180; and
(c) Deposit $2.50 with the state treasurer for credit to the
division] motor vehicles branch of the department [of motor vehicles and
public safety] to reimburse the [division] motor vehicles branch of the
department for the cost of manufacturing the license plates.
10. The department shall not:
(a) Issue the commemorative license plates after October 31, 1990.
(b) Issue replacement commemorative license plates after June 30,
1995.
Sec. 10. NRS 482.383 is hereby amended to read as follows:
482.383 1. The
department may issue a special use permit for the operation of any
unregistered and unlicensed vehicle upon any highway in
enable such a vehicle to operate in connection with special events, such as
parades.
2. A permit issued pursuant to subsection 1 must be in a form
prescribed by the department and must limit the use of the vehicle for
which it is issued to movement for the purpose set forth in the application
for the permit. Such a permit must be affixed to the vehicle in a manner and
position determined by the department and must be canceled, destroyed or
surrendered under such rules as the department may prescribe.
3. The
shall charge a fee of $2 for each permit issued pursuant to subsection 1.
Sec. 11. NRS 483.382 is hereby amended to read as follows:
483.382 1. No later than 30 days before the expiration of his license,
the
shall mail to each licensee who has not already renewed his license an
expiration notice.
2. The department may require an applicant for a renewal license
successfully to pass such additional
reasonably necessary to determine his qualification according to the type or
class of license applied for.
Sec. 12. NRS 483.390 is hereby amended to read as follows:
483.390 Whenever any person after applying for or receiving a driver's
license moves from the address named in
license issued to him, or when the name of a licensee is changed,
that
person shall within 10 days thereafter notify thedivision] motor vehicles branch of the department of his new and old
addresses, or of such former and new names, and of the number of any
license then held by him.
Sec. 13. NRS 484.247 is hereby amended to read as follows:
484.247 1. The department shall prepare and upon request supply to
police departments, sheriffs and other appropriate agencies or personsforms for written accident reports as required in this chapter, suitable with
respect to the persons required to make the reports and the purposes to be
served. The forms must be designed to call for sufficiently detailed
information to disclose with reference to an accident the cause, conditions
then existing, the persons and vehicles involved, the name and address of
the insurance company, the number of the policy providing coverage and
the dates on which the coverage begins and ends.
2. The form prepared for a report to be made by persons pursuant to
NRS 484.229 must call for such information as is required by the
license division] motor vehicles branch of the department to enable it to
determine whether the requirements for the deposit of security under
chapter 485 of NRS are inapplicable. The [division] motor vehicles branch
of the department may rely upon the accuracy of information supplied by a
driver or owner on the form unless the [division] it has reason to believe
that the information is erroneous.
3. Every accident report required to be made in writing must be made
on the appropriate form approved by the department and must contain all
the information required therein unless it is not available.
Sec. 14. NRS 485.108 is hereby amended to read as follows:
485.108 "Registered owner" means a person whose name appears in
the records of the
department as the person to whom the vehicle is registered.
Sec. 15. NRS 485.130 is hereby amended to read as follows:
485.130 1. The
shall:
(a) Administer and enforce the provisions of this chapter.
(b) Provide for hearings upon request of persons aggrieved by orders or
acts of the
provisions of NRS 485.185 to 485.300, inclusive.
2. The
regulations necessary for the administration of this chapter.
Sec. 16. NRS 485.135 is hereby amended to read as follows:
485.135 The
upon request furnish any person a certified abstract of the operating record
of any person subject to the provisions of this chapter, which abstract
[
name of
conviction of
operation of a motor vehicle or of any injury or damage caused by
that
person, theso certify.
Sec. 17. NRS 485.137 is hereby amended to read as follows:
485.137 1. The
shall publish a leaflet which summarizes and explains the requirements and
provisions of this chapter.
2. The department shall
: (a) Make copies of the leaflet available without charge to all licensed
drivers in this state, to all public school pupils who are of driving age, and
to the public.
(b) Cause a copy of the leaflet to be delivered to each applicant for a
new registration of a vehicle.
(c) Enclose a copy of the leaflet with each application for a renewal of
registration of a vehicle which is mailed to the applicant pursuant to law.
Sec. 18. NRS 485.140 is hereby amended to read as follows:
485.140 Any person aggrieved by a final decision in a contested case
before the
chapter is entitled to judicial review of the decision in the manner provided
by chapter 233B of NRS.
Sec. 19. NRS 485.190 is hereby amended to read as follows:
485.190 1. If 20 days after the receipt of a report of an accident
involving a motor vehicle within this state which has resulted in bodily
injury or death, or damage to the property of any one person in excess of
$750, the
have on file evidence satisfactory to it that the person who would otherwise
be required to file security under subsection 2 of this section has been
released from liability, has been finally adjudicated not to be liable or has
executed an acknowledged written agreement providing for the payment of
an agreed amount in installments with respect to all claims for injuries or
damages resulting from the accident, the
of the department
shall upon request set the matter for a hearing asprovided in NRS 485.191.
2. The
any time after a determination adverse to an operator or owner pursuant to
NRS 485.191, suspend the license of each operator and all registrations of
each owner of a motor vehicle involved in such an accident, and, if the
operator is a nonresident, the privilege of operating a motor vehicle within
this state, and, if the owner is a nonresident, the privilege of the use within
this state of any motor vehicle owned by him, unless the operator or owner,
or both, deposit security in the sum so determined by the
vehicles branch of the department.
Notice of such a suspension must besent by the
operator and owner not less than 10 days before the effective date of the
suspension and must state the amount required as security.
erroneous information is given to the
the department
with respect to the matters set forth in paragraph (a), (b) or(c) of subsection 1 of NRS 485.200, the
of the department
shall take appropriate action as provided in this sectionafter it receives correct information with respect to those matters.
Sec. 20. NRS 485.191 is hereby amended to read as follows:
485.191 1. Any operator or owner of a motor vehicle who was
involved in an accident and who is not exempt from the requirements of
depositing security by the provisions of NRS 485.200, is entitled to ahearing before the director or his representative before a determination of
the amount of security required pursuant to NRS 485.190, and before the
suspension of his operator's license or registration as provided in
subsection 2 of NRS 485.190. The hearing must be held in the county of
residence of the operator. If the operator and owner reside in different
counties and the hearing would involve both of them, the hearing must be
held in the county which will be the most convenient for the summoning of
witnesses.
2. The owner or operator must be given at least 30 days' notice of the
hearing in writing with a brief explanation of the proceedings to be taken
against him and the possible consequences of a determination adverse to
him.
3. If the operator or owner desires a hearing, he shall, within 15 days,
notify the
his intention. If he does not send this notice within the 15 days, he waives
his right to a hearing
,shown permit the owner a later opportunity for a hearing.
Sec. 21. NRS 485.200 is hereby amended to read as follows:
485.200 1. The requirements as to security and suspension in NRS
485.190 to 485.300, inclusive, do not apply:
(a) To the operator or owner if he had in effect at the time of the
accident a motor vehicle liability policy with respect to the motor vehicle
involved in the accident;
(b) To the operator if there was in effect at the time of the accident a
motor vehicle liability policy with respect to his operation of any motor
vehicle;
(c) To the operator or owner if his liability for damages resulting from
the accident is, in the judgment of the
the department,
covered by any other form of liability insurance policy or abond;
(d) To any person qualifying as a self-insurer pursuant to NRS 485.380,
or to any person operating a motor vehicle for the self-insured;
(e) To the operator or the owner of a motor vehicle involved in an
accident wherein no injury or damage was caused to the person or property
of anyone other than the operator or owner;
(f) To the operator or the owner of a motor vehicle legally parked at the
time of the accident;
(g) To the owner of a motor vehicle if at the time of the accident the
vehicle was being operated without his permission, express or implied, or
was parked by a person who had been operating the motor vehicle without
permission; or
(h) If, before the date that the
department
would otherwise suspend the license and registration ornonresident's operating privilege pursuant to NRS 485.190, there is filed
with the
satisfactory to it that the person who would otherwise have to file securityhas been released from liability or has received a determination in his favor
at a hearing conducted pursuant to NRS 485.191, or has been finally
adjudicated not to be liable or has executed an acknowledged written
agreement providing for the payment of an agreed amount in installments,
with respect to all claims for injuries or damages resulting from the
accident.
2. An owner who is not the operator of the motor vehicle is not exempt
from the requirements as to security and suspension in NRS 485.190 to
485.300, inclusive, if he holds a motor vehicle liability policy which
provides coverage only when he is operating the motor vehicle and, at the
time of the accident, another person is operating the motor vehicle with the
express or implied permission of the owner.
Sec. 22. NRS 485.220 is hereby amended to read as follows:
485.220 1. The security required pursuant to NRS 485.190 to
485.300, inclusive, must be in such a form and amount as the
motor vehicles branch of the department
may require, but in no case inexcess of the limits specified in NRS 485.210 in reference to the acceptable
limits of a policy or bond.
2. The person depositing the security shall specify in writing the person
or persons on whose behalf the deposit is made and, at any time while the
deposit is in the custody of the
department
or the state treasurer, the person depositing it may, in writing,amend the specification of the person or persons on whose behalf the
deposit is made to include an additional person or persons, but a single
deposit of security is applicable only on behalf of persons required to
furnish security because of the same accident.
Sec. 23. NRS 485.230 is hereby amended to read as follows:
485.230 1. The license, all registrations and the nonresident's
operating privilege suspended as provided in NRS 485.190 must remain so
suspended and may not be renewed nor may any license or registration be
issued to any such person until:
(a) He deposits or there is deposited on his behalf the security required
under NRS 485.190;
(b) Two years have elapsed following the date of the accident and
evidence satisfactory to the
department
has been filed with it that during that period no action fordamages arising out of the accident has been instituted; or
(c) Evidence satisfactory to the
department
has been filed with it of a release from liability, or a finaladjudication of nonliability, or an acknowledged written agreement, in
accordance with NRS 485.190.
2. Upon any default in the payment of any installment under any
acknowledged written agreement, and upon notice of the default, the
[
license and all registrations or the nonresident's operating privilege of the
person defaulting, which may not be restored until: (a) The person deposits and thereafter maintains security as required
under NRS 485.190 in such an amount as the
branch of the department
may then determine; or(b) One year has elapsed following the date of default, or 2 years
following the date of the accident, whichever is greater, and during that
period no action upon the agreement has been instituted in a court in this
state.
3. Proof of financial responsibility, as set forth in NRS 485.307, is an
additional requirement for reinstatement of the operator's license and
registrations under this section. He shall maintain proof of financial
responsibility for 3 years after the date of reinstatement of the license in
accordance with the provisions of this chapter. If he fails to do so the
[
license and registrations.
Sec. 24. NRS 485.240 is hereby amended to read as follows:
485.240 1. If the operator or the owner of a motor vehicle involved
in an accident within this state has no license or registration, or is a
nonresident, he must not be allowed a license or registration until he has
complied with the requirements of NRS 485.190 to 485.300, inclusive, to
the same extent that would be necessary if, at the time of the accident, he
had held a license and registration.
2. When a nonresident's operating privilege is suspended pursuant to
NRS 485.190 or 485.230, the
department
shall transmit a certified copy of the record of that action to the[
certificates in the state in which the nonresident resides, if the law of that
state provides for action in relation thereto similar to that provided for in
subsection 3.
3. Upon receipt of a certification that the operating privilege of a
resident of this state has been suspended or revoked in any other state
pursuant to a law providing for its suspension or revocation for failure to
deposit security for the payment of judgments arising out of a motor vehicle
accident, under circumstances which would require the
vehicles branch of the department
to suspend a nonresident's operatingprivilege had the accident occurred in this state, the
vehicles branch of the department
shall suspend the license of the residentif he was the operator, and all of his registrations if he was the owner of a
motor vehicle involved in that accident. The suspension must continue until
the resident furnishes evidence of his compliance with the law of the other
state relating to the deposit of
Sec. 25. NRS 485.250 is hereby amended to read as follows:
485.250 The
reduce the amount of security ordered in any case within 6 months after the
date of the accident if, in its judgment, the amount ordered is excessive. In
case the security originally ordered has been deposited, the excess
deposited over the reduced amount ordered
provisions of NRS 485.270.
Sec. 26. NRS 485.260 is hereby amended to read as follows:
485.260 Security deposited pursuant to the requirements of NRS
485.190 to 485.300, inclusive, must be placed by the
vehicles branch of the department
in the custody of the state treasurer.Sec. 27. NRS 485.280 is hereby amended to read as follows:
485.280 A deposit or any balance thereof must be returned to the
depositor or his personal representative:
1. When evidence satisfactory to the
of the department
has been filed with it that there has been a release fromliability, a final adjudication of nonliability or an acknowledged agreement,
in accordance with paragraph (h) of subsection 1 of NRS 485.200; or
2. If 2 years after the date of the accident or 1 year
date of deposit of any security under NRS 485.230, whichever period is
longer, the
reasonable evidence that there is no action pending and no judgment
rendered in such an action left unpaid.
Sec. 28. NRS 485.290 is hereby amended to read as follows:
485.290 1. In cases where a return to a depositor or his personal
representative is authorized and warranted under NRS 485.280 but the
address or present whereabouts of the depositor is unknown and cannot be
readily ascertained by the
department,
the security deposited may, 90 days after its return would beauthorized by NRS 485.280, be transferred from the custody of the state
treasurer to the state highway fund for the general use of the department of
transportation upon the written and certified request of the
motor vehicles branch of the department.
2. The request made by the
department
must state the names of the parties, the dates and a concisestatement of the facts involved and must be forwarded in duplicate to the
state controller and the state treasurer.
3. The state controller and the state treasurer are directed to transfer the
amounts of security deposits from the custody of the state treasurer to the
state highway fund
being satisfied that the provisions of this chapter have been complied with.
4. If the depositor of the security or his rightful heirs or legatees, within
5 years after the transfer of the deposit to the state highway fund, present a
verified claim to the
and make proof of the validity of
vehicles branch of the department,
if it is satisfied as to the validity of theclaim, may determine the amount thereby found to be due and certify it to
the state controller who shall draw his warrant therefor on the state
treasurer, who shall pay the warrant out of the state highway fund.
5. If the
validity of the claim, the claimant, upon notice to the attorney general, has aright to appeal to the First Judicial District Court of the State of Nevada, in
and for Carson City, and present his proof of the validity of the claim. If,
after hearing, the court is satisfied the claimant is rightfully entitled to the
deposit, the court shall enter a decree that the money be paid to him. The
decree must be certified to the state board of examiners, stating the amount
thereby found to be due, and the state board of examiners shall allow the
amount and certify it to the state controller who shall draw his warrant
therefor on the state treasurer, who shall pay the warrant out of the state
highway fund.
6. The amounts in the custody of the state treasurer on March 19, 1955,
falling under the provisions of this section, may be transferred to the state
highway fund, after the expiration of 90 days from March 19, 1955, in
accordance with the provisions of this section.
Sec. 29. NRS 485.300 is hereby amended to read as follows:
485.300 Any action taken by the
the department
pursuant to NRS 485.190 to 485.300, inclusive, thefindings, if any, of the
upon which the action is based and the security filed pursuant to NRS
485.190 to 485.300, inclusive, are privileged against disclosure at the trial
of any action at law to recover damages.
Sec. 30. NRS 485.301 is hereby amended to read as follows:
485.301 1. Whenever any person fails within 60 days to satisfy any
judgment, the judgment creditor or his attorney may forward to the
[
expiration of the 60 days a certified copy of the judgment.
2. If the defendant named in any certified copy of a judgment reported
to the
the
certified copy of the judgment to the
issuance of licenses and registration certificates of the state in which the
defendant is a resident.
Sec. 31. NRS 485.302 is hereby amended to read as follows:
485.302 1. The
shall,
upon the receipt of a certified copy of a judgment,license, all registrations and any nonresident's operating privilege of any
person against whom the judgment was rendered, except as otherwise
provided in this section and in NRS 485.305.
2. If the judgment creditor consents in writing, in such a form as the
judgment debtor be allowed a license and registration or nonresident's
operating privilege, it may be allowed by the
branch of the department
until the consent is revoked in writing,notwithstanding default in the payment of the judgment or of any
installments thereof prescribed in NRS 485.305, if the judgment debtor
furnishes proof of financial responsibility as provided in NRS 485.307. The
debtor shall maintain proof of financial responsibility for 3 years after thedate of reinstatement of the license pursuant to the provisions of this
chapter. If he fails to do so, the
department
shall suspend his license and registrations.Sec. 32. NRS 485.305 is hereby amended to read as follows:
485.305 1. A judgment debtor upon
creditor may apply to the court in which the judgment was rendered for the
privilege of paying the judgment in installments and the court, without
prejudice to any other legal remedies which the judgment creditor may
have, may so order and fix the amounts and times of payment of the
installments.
2. The
suspend a license, registration or a nonresident's operating privilege, and
shall restore any license, registrations or nonresident's operating privilege
suspended following nonpayment of a judgment,
debtor gives proof of financial responsibility and obtains such an order
permitting the payment of the judgment in installments, and while the
payment of any such installment is not in default. The requirements of this
section for reinstatement of a license, registration or privilege are in
addition to the requirements of NRS 485.307.
3. If the judgment debtor fails to pay any installment as specified by
such an order,
vehicles branch of the department
shall forthwith suspend the license,registrations or nonresident's operating privilege of the judgment debtor
until the judgment is satisfied, as provided in this chapter.
Sec. 33. NRS 485.3075 is hereby amended to read as follows:
485.3075 A person whose license or registrations are suspended for
failure to maintain proof of financial responsibility as required pursuant to
this Title must provide proof of financial responsibility pursuant to NRS
485.307 before his license or registrations will be reinstated.
person
must maintain proof of financial responsibility for 3 years after thedate of the reinstatement of his license pursuant to the provisions of this
chapter. If he fails to do so, the
department
shall suspend his license and registrations.Sec. 34. NRS 485.308 is hereby amended to read as follows:
485.308 1. Proof of financial responsibility may be furnished by
filing with the
written certificate of any insurance carrier authorized to do business in this
state certifying that there is in effect a motor vehicle liability policy for the
benefit of the person required to furnish proof of financial responsibility.
The certificate must specify its effective date and:
(a) If the policy is an owner's policy of liability insurance, designate by
appropriate reference all motor vehicles covered by it; or
(b) If the policy is an operator's policy of liability insurance, designate
the person covered. 2. The department may authorize the filing of the certificates described
in subsection 1 by electronic transmission or any other means deemed
appropriate by the department.
3. An insurance carrier that certifies the existence of a motor vehicle
liability policy pursuant to subsection 1, must notify the
vehicles branch of the department
at least 10 days before the cancellationor termination of the policy.
Sec. 35. NRS 485.309 is hereby amended to read as follows:
485.309 1. The nonresident owner of a motor vehicle not registered
in this state or a nonresident operator of a motor vehicle may give proof of
financial responsibility by filing with the
of the department
a written certificate of an insurance carrier authorized totransact business:
(a) If the insurance provides coverage for the vehicle, in the state in
which the motor vehicle described in the certificate is registered; or
(b) If the insurance provides coverage for the operator only, in the state
in which the insured resides,
if the certificate otherwise conforms to the provisions of this chapter.
2. The
accept the proof upon condition that the insurance carrier complies with the
following provisions with respect to the policies so certified:
(a) The insurance carrier shall execute a power of attorney authorizing
the director to accept service on its behalf of notice or process in any action
arising out of an accident involving a motor vehicle in this state; and
(b) The insurance carrier shall agree in writing that the policies shall be
deemed to conform with the laws of this state relating to the terms of
liability policies for owners of motor vehicles.
3. If any insurance carrier not authorized to transact business in this
state, which has qualified to furnish proof of financial responsibility,
defaults in any undertakings or agreements, the
branch of the department
shall not thereafter accept as proof anycertificate of that carrier whether theretofore filed or thereafter tendered as
proof,
Sec. 36. NRS 485.3092 is hereby amended to read as follows:
485.3092 When an insurance carrier has issued a motor vehicle
liability policy, the insurance so issued must not be canceled or terminated
until at least 10 days after a notice of cancellation or termination of the
insurance has been mailed first class or delivered to the insured and, if the
insurance carrier has certified the policy under NRS 485.308 or 485.309, a
notice has also been filed in the office of the
branch of the department.
A policy subsequently procured and certified,on the effective date of its certification, terminates the insurance previously
certified with respect to any motor vehicle designated or the person named
as the insured operator in both certificates. If the effective date of the
termination is within 3 years after the date of reinstatement of a license,registration or privilege, the
department
shall suspend the license and registration or privilege.Sec. 37. NRS 485.3098 is hereby amended to read as follows:
485.3098 Whenever any proof of financial responsibility filed under
the provisions of this chapter no longer fulfills the purposes for which
required, the
the purpose of this chapter, require other proof as required by this chapter
and shall suspend the license and registration or the nonresident's operating
privilege pending the filing of such other proof.
Sec. 38. NRS 485.3099 is hereby amended to read as follows:
485.3099 1. The
shall
, upon request , consent to the immediate cancellation of anycertificate of financial responsibility
requirement of filing proof of financial responsibility, in any of the
following events:
(a) At any time after 3 years
responsibility was required when, during the 3-year period preceding the
request, the
received a record of a conviction or a forfeiture of bail which would require
or permit the suspension or revocation of the license, registration or
nonresident's operating privilege of the person by or for whom the proof of
financial responsibility was furnished;
(b)
proof of financial responsibility was filed or the permanent incapacity of
the person to operate a motor vehicle; or
(c) If the person who is required to file proof of financial responsibility
surrenders his license and registration to the
branch of the department.
2. If a person who surrenders his license and registration pursuant to
paragraph (c) of subsection 1 applies for a license or registration within a
period of 3 years after the date proof of financial responsibility was
originally required, the application must be refused unless the applicant
reestablishes proof of financial responsibility for the remainder of the
3-year period.
Sec. 39. NRS 485.320 is hereby amended to read as follows:
485.320 1. If the license of any person is suspended as provided in
this chapter, he shall immediately return the license to the
vehicles branch of the department.
If his registration is suspended, he shallimmediately return the certificate of registration and the license plates to
the
2. If any person fails to return any item as required by subsection 1, the
any peace officer to secure possession thereof and to return the item to the
[
policy of liability insurance covering that vehicle or to allow such a policy
to expire:
(a) Shall, on or before the date on which the policy is canceled or
expires, cancel the registration of the vehicle to which that policy pertains.
(b) May, if he presents the license plates for that vehicle to the
authorized personnel of the
department
for the removal and destruction of the sticker or other deviceevidencing the current registration of the vehicle, retain for potential
reinstatement the license plates for a period not to exceed 1 year.
4. The department shall adopt regulations which define "extended
period," "mechanical circumstances" and "seasonal circumstances" for the
purposes of NRS 485.0335.
Sec. 40. NRS 485.326 is hereby amended to read as follows:
485.326 1. The department shall suspend the license of any person
convicted of violating the provisions of paragraph (a) of subsection 1 of
NRS 485.187.
2. Any license suspended pursuant to subsection 1 must remain
suspended until the person shows proof of financial responsibility as set
forth in NRS 485.307. The person shall maintain proof of financial
responsibility for 3 years after the reinstatement of his license pursuant to
the provisions of this chapter, and if he fails to do so, the
vehicles branch of the department
shall suspend any license previouslysuspended pursuant to subsection 1.
Sec. 41. NRS 485.380 is hereby amended to read as follows:
485.380 1. Any person in whose name more than 10 motor vehicles
are registered in the State of Nevada may qualify as a self-insurer by
obtaining a certificate of self-insurance issued by the
vehicles branch of the department
as provided in subsection 2.2. The
the application of such a person, issue a certificate of self-insurance when:
(a) It is satisfied that he possesses and will continue to possess the
ability to pay judgments obtained against him; and
(b) The person provides security to satisfy judgments against him in an
amount prescribed by regulation of the department.
3. The certificate of self-insurance must include:
(a) The name and address of the self-insurer;
(b) The expiration date of the self-insurance; and
(c) The statements:
(1) "Self-insured"; and
(2) "This certificate of self-insurance or a photocopy thereof must be
carried in the motor vehicle which is self-insured for production on
demand."
4. Upon not less than 5 days' notice and a hearing pursuant to the
notice, the
reasonable grounds, cancel a certificate of self-insurance. Failure to payany judgment within 30 days after it becomes final constitutes a reasonable
ground for the cancellation of a certificate of self-insurance.
5. The department shall adopt regulations which set forth the amount of
security which must be provided by a self-insurer pursuant to subsection 2.
Sec. 42. NRS 485.385 is hereby amended to read as follows:
485.385 Whenever the
department
has taken any action or has failed to take any action under thischapter by reason of having received erroneous information or by reason of
having received no information,
within 2 years after the date of the accident the
branch of the department
shall take appropriate action to carry out thepurposes
[
amount of any deposit required under this chapter.
Sec. 43. NRS 487.230 is hereby amended to read as follows:
487.230 1. Any sheriff, constable, member of the Nevada highway
patrol, officer of the legislative police, investigator of the
division of compliance
enforcement of thevehicles branch
of the department, personnel of the capitol police divisionof the department, designated employees of the manufactured housing
division of the department of business and industry, special investigator
employed by the office of a district attorney, marshal or policeman of a city
or town, or a marshal or park ranger who is part of a unit of specialized law
enforcement established pursuant to NRS 280.125 who has reason to
believe that a vehicle has been abandoned on public property in his
jurisdiction may remove the vehicle from that property. At the request of
the owner or person in possession or control of private property who has
reason to believe that a vehicle has been abandoned on his property, the
vehicle may be removed by the operator of a tow car or an automobile
wrecker from that private property.
2. A person who authorizes the removal of an abandoned vehicle
pursuant to subsection 1 shall:
(a) Have the vehicle taken to the nearest garage or other place
designated for storage by:
(1) The state agency or political subdivision making the request, if the
vehicle is removed from public property.
(2) The owner or person in possession or control of the property, if
the vehicle is removed from private property.
(b) Make all practical inquiries to ascertain if the vehicle is stolen by
checking the license plate number, vehicle identification number and other
available information which will aid in identifying the registered and legal
owner of the vehicle and supply the information to the person who is
storing the vehicle.
Sec. 44. NRS 108.2679 is hereby amended to read as follows:
108.2679 "Registered owner" means:
1. A person whose name appears in the files of the manufactured
housing division of the department of business and industry as the person to
whom the mobile home or manufactured home is registered, but does not
include:
(a) A creditor who holds title to the mobile home or manufactured
home; or
(b) The owner or holder of a lien encumbering the mobile home or
manufactured home.
2. A person whose name appears in the files of the
division] motor vehicles branch of the department of motor vehicles and
public safety as the person to whom the vehicle is registered.
Sec. 45. NRS 108.310 is hereby amended to read as follows:
108.310 Subject to the provisions of NRS 108.315, the lien created in
NRS 108.270 to 108.360, inclusive, may be satisfied as follows:
1. The lien claimant shall give written notice to the person on whose
account the storing, maintaining, keeping, repairing, labor, fuel, supplies,
facilities, services or accessories were made, done or given, and to any
other person known to have or to claim an interest in the motor vehicle,
aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer,
recreational vehicle, mobile home or manufactured home, upon which the
lien is asserted, and to the:
(a) Manufactured housing division of the department of business and
industry with regard to mobile homes, manufactured homes, and
commercial coaches as defined in chapter 489 of NRS; or
(b) [Registration division] Motor vehicles branch of the department of
motor vehicles and public safety with regard to all other items included in
this section.
2. In accordance with the terms of a notice so given, a sale by auction
may be [had] held to satisfy any valid claim which has become a lien on the
motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft
parts, trailer, recreational vehicle, mobile home or manufactured home. The
sale must be [had] held in the place where the lien was acquired, or, if that
place is manifestly unsuitable for the purpose, at the nearest suitable place.
3. After the time for the payment of the claim specified in the notice
has elapsed, an advertisement of the sale, describing the motor vehicle,
aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer,
recreational vehicle, mobile home or manufactured home to be sold, and
stating the name of the owner or person on whose account it is held, and the
time and place of the sale, must be published once a week for 3 consecutive
weeks in a newspaper published in the place where the sale is to be held,
but if no newspaper is published in that place , then in [some] a newspaper
published in this state [and having] that has a general circulation in that
place. The sale must not be held less than 22 days after the time of the first
publication. 4. From the proceeds of the sale the lien claimant who furnished the
services, labor, fuel, accessories, facilities or supplies shall satisfy his lien,
including the reasonable charges of notice, advertisement and sale. The
balance, if any, of the proceeds must be delivered, on demand, to the
person to whom he would have been bound to deliver, or justified in
delivering, the motor vehicle, aircraft, motorcycle, motor or aircraft
equipment, aircraft parts, trailer, recreational vehicle, mobile home or
manufactured home.
Sec. 46. NRS 108.315 is hereby amended to read as follows:
108.315 1. Any landlord who desires to enforce a lien for unpaid rent
or rent and utilities under the provisions of NRS 108.270 to 108.360,
inclusive, must within 15 days after the rent is 30 days past due, make a
demand in writing upon the registered owner of the recreational vehicle,
mobile home or manufactured home, for the amount due, stating that a lien
is claimed on the recreational vehicle, mobile home or manufactured home.
A copy of the demand must be sent to every holder of a security interest
and every person who is listed in the records of the manufactured housing
division of the department of business and industry as holding an
ownership or other interest in, and every tenant or subtenant of, the
recreational vehicle, mobile home or manufactured home, and to the:
(a) Manufactured housing division of the department of business and
industry, with regard to mobile homes and manufactured homes; or
(b) [Registration division] Motor vehicles branch of the department of
motor vehicles and public safety, with regard to recreational vehicles,
by registered or certified mail.
2. To obtain the name and address of a holder of a security interest or a
person who is listed in the records of the manufactured housing division of
the department of business and industry as holding an ownership or other
interest in the recreational vehicle, mobile home or manufactured home, the
landlord shall, before making the demand for payment, request that
information from the:
(a) Manufactured housing division of the department of business and
industry, with regard to mobile homes, manufactured homes, and
commercial coaches as defined in chapter 489 of NRS; or
(b) Department of motor vehicles and public safety, with regard to all
other vehicles,
and the state agency shall supply that information from its records. If the
recreational vehicle, mobile home or manufactured home is registered in
another state, territory or country, the landlord shall, before making the
demand for payment, obtain the information from the appropriate agency of
that state, territory or country.
3. A landlord who enforces a lien for unpaid rent may recover an
amount equal to:
(a) The amount of the unpaid rent;
(b) The cost of any advertising and notices required pursuant to NRS
108.270 to 108.360, inclusive; (c) The cost and fees ordered by a court in any action contesting the
validity of a lien; and
(d) The cost of a sale, if a sale by auction is made pursuant to the
provisions of NRS 108.310.
4. No recreational vehicle, mobile home or manufactured home may be
sold for delinquent rent or rent and utilities until 4 months have elapsed
after the first default in payment, and a notice of lien has been served
pursuant to subsection 1. At least 10 days but not more than 30 days before
a sale, a written notice of sale by auction must be sent to the registered
owner and tenant or subtenant and to every holder of a security interest and
every person who is listed in the records of the manufactured housing
division of the department of business and industry as holding an
ownership or other interest in the recreational vehicle, mobile home or
manufactured home by registered or certified mail stating that a sale by
auction of the recreational vehicle, mobile home or manufactured home is
to be made pursuant to the provisions of NRS 108.310. The written notice
of sale by auction must include the time and location of the sale, the
amount necessary to satisfy the lien and a description of the legal
proceeding available to contest the lien pursuant to NRS 108.350 and
108.355.
Sec. 47. NRS 289.270 is hereby amended to read as follows:
289.270 1. The following persons have the powers of a peace officer:
(a) The director of the department of motor vehicles and public safety.
(b) The chiefs of the divisions of the department of motor vehicles and
public safety.
(c) The deputy directors of the department of motor vehicles and public
safety employed pursuant to subsection 2 of NRS 481.035.
(d) The investigators and agents of the investigation division of the
department of motor vehicles and public safety and any other officer or
employee of that division whose principal duty is to enforce one or more
laws of this state, and any person promoted from such a duty to a
supervisory position related to such a duty.
(e) The personnel of the capitol police division of the department of
motor vehicles and public safety appointed pursuant to subsection 2 of
NRS 331.140.
2. The personnel of the Nevada highway patrol appointed pursuant to
subsection 2 of NRS 481.150 have the powers of a peace officer specified
in NRS 481.150 and 481.180.
3. Administrators and investigators of the [bureau] division of
compliance enforcement of the [registration division] motor vehicles
branch of the department of motor vehicles and public safety have the
powers of a peace officer to enforce any law of the State of Nevada in
carrying out their duties under NRS 481.048.
4. Officers and investigators of the section for the control of emissions
from vehicles of the [registration division] motor vehicles branch of the
department of motor vehicles and public safety, appointed pursuant to NRS481.0481, have the powers of peace officers in carrying out their duties
under that section.
5. Members of the state disaster identification team of the division of
emergency management of the department of motor vehicles and public
safety who are, pursuant to NRS 414.270, activated by the chief of the
division during a state of emergency proclaimed pursuant to NRS 414.070
to perform the duties of the state disaster identification team, have the
powers of peace officers in carrying out those duties.
Sec. 48. NRS 293.504 is hereby amended to read as follows:
293.504 1. The following offices shall serve as voter registration
agencies:
(a) Such offices that provide public assistance as are designated by the
secretary of state;
(b) Each office that receives money from the State of Nevada to provide
services to persons in this state who are disabled;
(c) The offices of the [drivers' license division] motor vehicles branch
of the department of motor vehicles and public safety;
(d) The offices of the city and county clerks; and
(e) Such other offices as the secretary of state deems appropriate.
2. Each voter registration agency shall:
(a) Make applications to register to vote which may be returned by mail
available to each person who applies for or receives services or assistance
from the agency;
(b) Provide the same amount of assistance to an applicant in completing
an application to register to vote as the agency provides to a person
completing any other forms for the agency; and
(c) Accept completed applications to register to vote.
3. Except as otherwise provided in this subsection and NRS 293.524,
any application to register to vote accepted by a voter registration agency
must be transmitted to the county clerk not later than 10 days after the
application is accepted. During the 2 weeks immediately preceding the
close of registration for an election, the applications must be forwarded
daily. The county clerk shall accept any application to register to vote
which is completed by the last day to register if he receives the application
not later than 5 days after the close of registration.
4. The secretary of state shall cooperate with the Secretary of Defense
to develop and carry out procedures to enable persons in this state to apply
to register to vote at recruitment offices of the United States Armed Forces.
Sec. 49. NRS 445B.830 is hereby amended to read as follows:
445B.830 1. In areas of the state where and when a program is
commenced pursuant to NRS 445B.770 to 445B.815, inclusive, the
following fees must be paid to the department of motor vehicles and public
safety and accounted for in the pollution control account, which is hereby
created in the state general fund: (a) For the issuance and annual renewal of license for an authorized
inspection station, authorized maintenance station, authorized station or
fleet station $25
(b) For each set of 25 forms certifying emission control
compliance 125
(c) For each form issued to a fleet station 5
2. Except as otherwise provided in subsections 4, 5 and 6, all fees must
be used by that department as needed to carry out the provisions of NRS
445B.700 to 445B.845, inclusive.
3. The department of motor vehicles and public safety may prescribe
by regulation routine fees for inspection at the prevailing shop labor rate,
including maximum charges for those fees, and for the posting of those fees
in a conspicuous place at an authorized inspection station or authorized
station.
4. The department of motor vehicles and public safety shall by
regulation establish a program to award grants of:
(a) Money in the pollution control account to agencies in nonattainment
or maintenance areas for carbon monoxide for programs related to the
improvement of the quality of air. The amount of money granted must not
exceed that portion of the money in the pollution control account that
equals
to subsection 1.
(b) Excess money in the pollution control account to air pollution
control agencies established pursuant to NRS 445B.205 or 445B.500. As
used in this paragraph, "excess money" means the money in excess of
$500,000 remaining in the pollution control account at the end of the fiscal
year.
5. Any regulations adopted pursuant to subsection 4 must provide for
the creation of an advisory committee consisting of representatives of state
and local agencies involved in the control of emissions from motor
vehicles. The committee shall:
(a) Review applications for grants and make recommendations for their
approval, rejection or modification;
(b) Establish goals and objectives for the program for control of
emissions from motor vehicles;
(c) Identify areas where funding should be made available; and
(d) Review and make recommendations concerning regulations adopted
pursuant to subsection 4 or NRS 445B.770.
6. Grants proposed pursuant to subsections 4 and 5 must be submitted
to the
branch
of the department of motor vehicles and public safety and theadministrator of the division of environmental protection of the state
department of conservation and natural resources. Proposed grants
approved by the
awarded until approved by the interim finance committee.
Sec. 50. NRS 617.135 is hereby amended to read as follows:
617.135 "Police officer" includes:
1. A sheriff, deputy sheriff, officer of a metropolitan police department
or city policeman;
2. A chief, inspector supervisor, commercial officer or trooper of the
Nevada highway patrol;
3. A chief, investigator or agent of the investigation division of the
department of motor vehicles and public safety;
4. An officer or investigator
of the section for the control of emissionsfrom vehicles of the
department of motor vehicles and public safety;
5. An investigator of the
of the
motor vehicles and public safety;
6. A member of the police department of the University and
Community College System of Nevada;
7. A:
(a) Uniformed employee of; or
(b) Forensic specialist employed by,
the department of prisons whose position requires regular and frequent
contact with the offenders imprisoned and subjects the employee to recall
in emergencies;
8. A parole and probation officer of the division of parole and
probation of the department of motor vehicles and public safety; and
9. A forensic specialist or correctional officer employed by the division
of mental health and developmental services of the department of human
resources at facilities for mentally disordered offenders.
Sec. 51. NRS 706.8828 is hereby amended to read as follows:
706.8828 1. A certificate holder shall file with the administrator, and
keep in effect at all times, a policy of insurance with an insurance company
licensed to do business in the State of Nevada.
2. The insurance policy specified in subsection 1 must:
(a) Provide the following coverage:
For injury to one person in any one accident $100,000
For injury to two or more persons in any one accident 300,000
For property damage in any one accident 10,000
(b) Contain a clause which states substantially that the insurance carrier
may only cancel the policy upon 30 days' written notice to the certificate
holder and administrator; and
(c) Contain such other provisions concerning notice as may be required
by law to be given to the certificate holder.
3. If an insurance policy is canceled, the certificate holder shall not
operate or cause to be operated any taxicab that was covered by the policy
until other insurance is furnished. 4. A certificate holder to whom the
vehicles branch
of the department of motor vehicles and public safety hasissued a certificate of self-insurance may self-insure the first $50,000,
combined single-limit, per accident, of the coverage required by subsection
2.
Sec. 52. Section 25 of Assembly Bill No. 626 of this session is hereby
amended to read as follows:
Sec. 25. NRS 289.270 is hereby amended to read as follows:
289.270 1. The following persons have the powers of a peace
officer:
(a) The director of the department of motor vehicles and public
safety.
(b) The chiefs of the divisions of the department of motor
vehicles and public safety.
(c) The deputy directors of the department of motor vehicles and
public safety employed pursuant to subsection 2 of NRS 481.035.
(d) The investigators and agents of the investigation division of
the department of motor vehicles and public safety and any other
officer or employee of that division whose principal duty is to
enforce one or more laws of this state, and any person promoted
from such a duty to a supervisory position related to such a duty.
(e) The personnel of the capitol police division of the
department of motor vehicles and public safety appointed pursuant
to subsection 2 of NRS 331.140.
2. The personnel of the Nevada highway patrol appointed
pursuant to subsection 2 of NRS 481.150 have the powers of a
peace officer specified in NRS 481.150 and 481.180.
3. Administrators and investigators of the
compliance enforcement
of the motor vehicles branch of thedepartment of motor vehicles and public safety have the powers of a
peace officer to enforce any law of the State of Nevada in carrying
out their duties under NRS 481.048.
4. Officers and investigators of the section for the control of
emissions from vehicles of the
motor vehicles branch of thedepartment of motor vehicles and public safety, appointed pursuant
to NRS 481.0481, have the powers of peace officers in carrying out
their duties under that section.
5. Members of the state disaster identification team of the
division of emergency management of the department of motor
vehicles and public safety who are, pursuant to NRS 414.270,
activated by the chief of the division during a state of emergency or
declaration of disaster proclaimed pursuant to NRS 414.070 to
perform the duties of the state disaster identification team, have the
powers of peace officers in carrying out those duties.
Sec. 53. NRS 485.033 is hereby repealed
. Sec. 54. The Governor shall review the organization of the department
of motor vehicles and public safety as reorganized pursuant to the
amendatory provisions of this act, determine whether the organization of
the department requires any additional changes and notify the interim
finance committee before January 1, 2000, of his determination.
Notwithstanding any provision of Title 43 of NRS to the contrary, any
changes in the organization of the department of motor vehicles and public
safety included in the Governor's determination may be made upon
approval of the interim finance committee. A plan describing any such
changes must be approved by the Governor before it is submitted to the
interim finance committee for approval.
Sec. 55. Notwithstanding the provisions of chapter 284 of NRS and
any administrative regulations and personnel policies to the contrary:
1. Other than terminations and resignations, all personnel actions,
including, without limitation, appointments, transfers, promotions and the
filling of vacancies, that are carried out to implement, or are in any way
related to, the reorganization of the department of motor vehicles and
public safety pursuant to the amendatory provisions of this act shall be
deemed temporary actions until January 1, 2000.
2. A state officer or employee who through an appointment, transfer,
promotion or other personnel action that is made temporary by subsection 1
does not lose any rights or privileges of state employment except any right
to the specific temporary position.
Sec. 56. 1. The administrative regulations adopted by any officer,
bureau or division whose name is changed or whose authority to adopt
those regulations is transferred pursuant to the provisions of this act,
become the regulations of the officer, section, division, branch or
department to whom that authority is transferred.
2. The contracts or other agreements entered into by any officer,
bureau or division whose name is changed or whose authority to enter into
those contracts or other agreements is transferred pursuant to the provisions
of this act, are binding upon and may be enforced by the officer, division,
branch or department to whom the authority is transferred.
3. Any action taken by an officer, bureau or division whose name is
changed or whose authority to take that action is transferred pursuant to the
provisions of this act, remains in effect as if taken by the officer, section,
division, branch or department to whom, that authority is transferred.
Sec. 57. This act becomes effective upon passage and approval for the
purpose of authorizing any preliminary activities necessary to ensure that
the provisions of this act are carried out in an orderly fashion and, for all
other purposes:
1. This section and sections 1, 2, 3, 5 to 56, inclusive, and 58 of this
act become effective on July 1, 1999; and
2. Section 4 of this act becomes effective at 12:01 a.m. on July 1,
1999.
Sec. 58. The legislative counsel shall:
1. In preparing the reprint and supplements to the Nevada Revised
Statutes, appropriately change any reference to an officer, bureau, division
or other entity whose name is changed or whose responsibilities are
transferred pursuant to the provisions of this act to refer to the appropriate
officer, division, branch, department or other entity.
2. In preparing supplements to the Nevada Administrative Code,
appropriately change any reference to an officer, bureau, division or other
entity whose name is changed or whose responsibilities are transferred
pursuant to the provisions of this act to refer to the appropriate officer,
division, branch, department or other entity.
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