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 [registration division]

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

division of compliance enforcement.

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

appropriations, investigators [in the bureau of enforcement of the

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 NRS

483.700 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 [registration

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 [bureau] division of

compliance enforcement of the [registration division] motor vehicles

branch of the department of motor vehicles and public safety who perform

the 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 [registration division] motor vehicles

branch of the department of motor vehicles and public safety who perform

the 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 [drivers' license division] motor

vehicles branch of the department to remain open on Saturdays and

Sundays 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 [may include:

(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.

[(d)] (2) An administrative services division.

[(e)] (3) An investigation division.

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

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

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

[(i)] (7) A capitol police division.

[(j)] (8) A training division

. (c) Such other branches or divisions as the director may from time to

time 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 in

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

(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 [registration division] motor vehicles branch shall:

(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 ; [and the provisions of

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; [and]

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

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

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 the

various branches and divisions , and advise and assist the director and the

various branches and divisions in carrying out their functions and

responsibilities.

[(d)] (c) The investigation division shall:

(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.

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

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.

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

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.

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

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.

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

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 [law.

(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 [an individual,] a natural person,

firm, corporation or association whose name appears in the files of themotor [vehicle registration division] vehicles branch of the department as

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 [1/12] one-

twelfth reduction in fees for each calendar month remaining unused from

the 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 [registration

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 [registration division] motor vehicles branch of the

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

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

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 [registration division] motor vehicles branch of the department

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 [drivers' license division] motor vehicles branch of the department

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 [test] tests as the department finds

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 [such] the application or in the

license issued to him, or when the name of a licensee is changed, [such]

that person shall within 10 days thereafter notify the [drivers' license

division] 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 [drivers'

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 [registration division] motor vehicles branch 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 [division] motor vehicles branch of the department

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 [division] motor vehicles branch of the department under the

provisions of NRS 485.185 to 485.300, inclusive.

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

regulations necessary for the administration of this chapter.

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

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

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

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

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

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

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

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

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

so certify.

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

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

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 [division] motor vehicles branch of the department under this

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 [division] motor vehicles branch of the department does not

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 [division] motor vehicles branch

of the department shall upon request set the matter for a hearing as

provided in NRS 485.191.

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

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 [division.] motor

vehicles branch of the department. Notice of such a suspension must be

sent by the [division] motor vehicles branch of the department to the

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

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

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

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

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

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

after 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 [division] motor vehicles branch of the department in writing of

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

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

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 [division,] motor vehicles branch of

the department, covered by any other form of liability insurance policy or a

bond;

(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 [division] motor vehicles branch of the

department would otherwise suspend the license and registration or

nonresident's operating privilege pursuant to NRS 485.190, there is filed

with the [division] motor vehicles branch of the department evidence

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 [division]

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

excess 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 [division] motor vehicles branch 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 [division] motor vehicles branch of the

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

damages arising out of the accident has been instituted; or

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

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

adjudication 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

[division] motor vehicles branch of the department shall suspend 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 [division] motor vehicles

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

[division] motor vehicles branch of the department shall suspend 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 [division] motor vehicles branch of the

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

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

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 [division] motor

vehicles branch of the department to suspend a nonresident's operating

privilege had the accident occurred in this state, the [division] motor

vehicles branch of the department shall suspend the license of the resident

if 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 [such] that security.

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

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

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 [shall] must be returned to thedepositor or his personal representative forthwith, notwithstanding the

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 [division] motor

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 [division] motor vehicles branch

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

liability, 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 [from] after the

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

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

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 [division,] motor vehicles branch of the

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

authorized 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 [division.]

motor vehicles branch of the department.

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

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

statement 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 [in order] to effectuate the purposes of this section upon

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 [division] motor vehicles branch of the department

and make proof of the validity of [such] the claim, the [division,] motor

vehicles branch of the department, if it is satisfied as to the validity of the

claim, 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 [division] motor vehicles branch of the department denies 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 [division] motor vehicles branch of

the department pursuant to NRS 485.190 to 485.300, inclusive, the

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

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

[division] motor vehicles branch of the department immediately after 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 [division] motor vehicles branch of the department is a nonresident,

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

certified copy of the judgment to the [official] officer in charge of 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 [division,] motor vehicles branch of the department

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

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

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

judgment debtor be allowed a license and registration or nonresident's

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

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 [division] motor vehicles branch of 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 [due] notice to the judgment

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 [division] motor vehicles branch of the department shall not

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, [when] if the 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, [then] upon notice of [such] the default, the [division] motor

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. [He] The

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

date of the reinstatement of his license pursuant to the provisions of this

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

vehicles branch of the department at least 10 days before the cancellation

or 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 [division] motor vehicles branch

of the department a written certificate of an insurance carrier authorized to

transact 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 [division] motor vehicles branch of the department shall

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 [division] motor vehicles

branch of the department shall not thereafter accept as proof any

certificate of that carrier whether theretofore filed or thereafter tendered as

proof, [so] as long as the default continues.

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 [division.] motor vehicles

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 [division] motor vehicles branch of 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 [division] motor vehicles branch of the department shall, for

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 [division] motor vehicles branch of the department

shall , upon request , consent to the immediate cancellation of any

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

requirement of filing proof of financial responsibility, in any of the

following events:

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

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

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

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) [In the event of the] The death of the person on whose behalf the

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 [division.] motor vehicles

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 [division.] motor

vehicles branch of the department. If his registration is suspended, he shall

immediately return the certificate of registration and the license plates to

the [division.] motor vehicles branch of the department.

2. If any person fails to return any item as required by subsection 1, the

[division] motor vehicles branch of the department shall forthwith direct

any peace officer to secure possession thereof and to return the item to the

[division.] motor vehicles branch of the department. 3. A person who owns a dormant vehicle who desires to cancel 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 [division] motor vehicles branch of the

department for the removal and destruction of the sticker or other device

evidencing 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 [division] motor

vehicles branch of the department shall suspend any license previously

suspended 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 [division] motor

vehicles branch of the department as provided in subsection 2.

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

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 [division] motor vehicles branch of the department may, upon

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 [division] motor vehicles branch of the

department has taken any action or has failed to take any action under this

chapter by reason of having received erroneous information or by reason of

having received no information, [then] upon receiving correct information

within 2 years after the date of the accident the [division] motor vehicles

branch of the department shall take appropriate action to carry out the

purposes [and effect] of this chapter. The foregoing does not require the

[division] motor vehicles branch of the department to reevaluate the

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 [bureau of]

division of compliance enforcement of the [registration division] motor

vehicles branch of the department, personnel of the capitol police division

of 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 [registration

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 [1/5] one-fifth of the amount received for each form issued pursuant

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 [chief] deputy director of the [registration division] motor vehicles

branch of the department of motor vehicles and public safety and the

administrator of the division of environmental protection of the state

department of conservation and natural resources. Proposed grants

approved by the [chief] deputy director and the administrator must not be

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 emissions

from vehicles of the [registration division] motor vehicles branch of the

department of motor vehicles and public safety;

5. An investigator of the [bureau] division of compliance enforcement

of the [registration division] motor vehicles branch of the department of

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 [drivers' license division] motor

vehicles branch of the department of motor vehicles and public safety has

issued 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 division of

compliance enforcement of the 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 motor vehicles branch of the

department 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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