Assembly Bill No. 679–Committee on Transportation
(On Behalf of Budget Division)
March 22, 1999
____________
Referred to Committee on Transportation
SUMMARY—Partially reorganizes department of motor vehicles and public safety. (BDR 43-1609)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
~
EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. Chapter 481 of NRS is hereby amended by adding thereto a1-2
new section to read as follows:1-3
1. The motor vehicles branch consists of the following persons who1-4
are appointed by the director:1-5
(a) A deputy director; and1-6
(b) Within the limitations of legislative appropriation, such managers,1-7
specialists, investigators and staff, who are employed in the classified1-8
service of the state, as the director determines to be necessary to carry out1-9
the duties of the department.1-10
2. The deputy director of the motor vehicles branch shall:1-11
(a) Administer the laws relating to motor vehicles and the licensing of1-12
drivers, as provided in NRS 481.048, 481.0481 and 481.071; and1-13
(b) Maintain records and other information relating to motor vehicles1-14
and the licensing of drivers, as provided in NRS 481.048, 481.0481 and1-15
481.071.2-1
Sec. 2. NRS 481.048 is hereby amended to read as follows:2-2
481.048 1. There is hereby created, within the2-3
motor vehicles branch of the department,2-4
division of compliance enforcement.2-5
2. The director shall appoint, within the limits of legislative2-6
appropriations, investigators2-7
2-8
3. The duties of the investigators are to travel the state and:2-9
(a) Act as investigators in the enforcement of the provisions of chapters2-10
482 and 487 of NRS, NRS 108.265 to 108.360, inclusive, and 108.440 to2-11
108.500, inclusive, as those sections pertain to motor vehicles, trailers,2-12
motorcycles, recreational vehicles and semitrailers, as defined in chapter2-13
482 of NRS.2-14
(b) Act as adviser to dealers in connection with any problems arising2-15
under the provisions of that chapter.2-16
(c) Cooperate with personnel of the Nevada highway patrol in the2-17
enforcement of the motor vehicle laws as they pertain to dealers.2-18
(d) Act as investigators in the enforcement of the provisions of NRS2-19
483.700 to 483.780, inclusive, relating to the licensing of schools and2-20
instructors for training drivers.2-21
(e) Perform such other duties as may be imposed by the director. Sec. 3. NRS 481.0481 is hereby amended to read as follows:2-23
481.0481 1. There is hereby created, within the2-24
2-25
of emissions from vehicles.2-26
2. The director shall appoint, within the limits of legislative2-27
appropriations, investigators, officers and technicians for the control of2-28
emissions from vehicles.2-29
3. The duties of the investigators, officers and technicians are to travel2-30
the state and:2-31
(a) Act as agents and inspectors in the enforcement of the provisions of2-32
NRS 445B.700 to 445B.845, inclusive, chapter 482 of NRS , and NRS2-33
484.644 and 484.6441.2-34
(b) Cooperate with the division of environmental protection of the state2-35
department of conservation and natural resources in all matters pertaining2-36
to the control of emissions from vehicles.2-37
(c) Perform such other duties as may be imposed by the director. Sec. 4. NRS 481.053 is hereby amended to read as follows:2-39
481.053 1. The governor shall appoint the peace officers’ standards2-40
and training committee.2-41
2. The committee consists of seven members, one appointed from2-42
Clark County, one from Washoe County, three from any other counties, one2-43
from category II peace officers and one from category III peace officers.3-1
Members serve terms of 2 years from the date of appointment. Members3-2
serve without compensation but are entitled to the per diem allowance and3-3
travel expenses provided by law for state officers and employees generally.3-4
3. The governor shall make the appointments from recommendations3-5
submitted by Clark County, Washoe County, professional organizations of3-6
sheriffs and police chiefs of this state, category II peace officers and3-7
category III peace officers.3-8
4. The committee shall:3-9
(a) Meet at the call of the chairman, who must be elected by the3-10
members of the committee.3-11
(b) Provide for and encourage the training and education of peace3-12
officers in order to improve the system of criminal justice.3-13
(c) Adopt regulations establishing minimum standards for the3-14
certification and decertification, recruitment, selection and training of peace3-15
officers.3-16
(d) Make necessary inquiries to determine whether agencies of the state3-17
and of local governments are complying with standards set forth in its3-18
regulations.3-19
(e) Carry out the duties required of the committee pursuant to NRS3-20
432B.610 and 432B.620.3-21
5. Regulations adopted by the committee:3-22
(a) Apply to all agencies of the state and of local governments which3-23
employ persons as peace officers;3-24
(b) Must require that all peace officers receive training in the handling3-25
of cases involving abuse or neglect of children or missing children; and3-26
(c) May require that training be carried on at institutions which it3-27
approves in those regulations.3-28
6. The director may adopt regulations necessary for the operation of3-29
the committee and the enforcement of laws administered by the committee.3-30
7. As used in this section:3-31
(a) "Category II peace officer" means:3-32
(1) The bailiff of the supreme court;3-33
(2) The bailiffs of the district courts, justices’ courts and municipal3-34
courts whose duties require them to carry weapons and make arrests;3-35
(3) Constables and their deputies whose official duties require them to3-36
carry weapons and make arrests;3-37
(4) Inspectors employed by the transportation services authority who3-38
exercise those powers of enforcement conferred by chapters 706 and 712 of3-39
NRS;3-40
(5) Parole and probation officers;3-41
(6) Special investigators who are employed full time by the office of3-42
any district attorney or the attorney general;4-1
(7) Investigators of arson for fire departments who are specially4-2
designated by the appointing authority;4-3
(8) The assistant and deputies of the state fire marshal;4-4
(9) The brand inspectors of the division of agriculture of the4-5
department of business and industry who exercise the powers of4-6
enforcement conferred in chapter 565 of NRS;4-7
(10) Investigators for the state forester firewarden who are specially4-8
designated by him and whose primary duties are the investigation of arson;4-9
(11) School police officers employed by the board of trustees of any4-10
county school district;4-11
(12) Agents of the state gaming control board who exercise the4-12
powers of enforcement specified in NRS 289.360, 463.140 or 463.1405,4-13
except those agents whose duties relate primarily to auditing, accounting,4-14
the collection of taxes or license fees, or the investigation of applicants for4-15
licenses;4-16
(13) Investigators and administrators of the4-17
compliance enforcement of the4-18
branch of the department of motor vehicles and public safety who perform4-19
the duties specified in subsection 3 of NRS 481.048;4-20
(14) Officers and investigators of the section for the control of4-21
emissions from vehicles of the4-22
branch of the department of motor vehicles and public safety who perform4-23
the duties specified in subsection 3 of NRS 481.0481;4-24
(15) Legislative police officers of the State of Nevada;4-25
(16) The personnel of the capitol police division of the department of4-26
motor vehicles and public safety appointed pursuant to subsection 2 of4-27
NRS 331.140;4-28
(17) Parole counselors of the division of child and family services of4-29
the department of human resources;4-30
(18) Juvenile probation officers and deputy juvenile probation4-31
officers employed by the various judicial districts in the State of Nevada or4-32
by a department of family, youth and juvenile services established pursuant4-33
to NRS 62.1264 whose official duties require them to enforce court orders4-34
on juvenile offenders and make arrests;4-35
(19) Field investigators of the taxicab authority;4-36
(20) Security officers employed full time by a city or county whose4-37
official duties require them to carry weapons and make arrests;4-38
(21) The chief of a department of alternative sentencing created4-39
pursuant to NRS 211A.080 and the assistant alternative sentencing officers4-40
employed by that department; and4-41
(22) Criminal investigators who are employed by the secretary of4-42
state.5-1
(b) "Category III peace officer" means peace officers whose authority is5-2
limited to correctional services, and includes the superintendents and5-3
correctional officers of the department of prisons. Sec. 5. NRS 481.057 is hereby amended to read as follows:5-5
481.057 In counties with a population in excess of 100,000, the5-6
director may arrange for the office of the5-7
vehicles branch of the department to remain open on Saturdays and5-8
Sundays and at hours other than 8 a.m. to 5 p.m.5-9
Sec. 6. NRS 481.067 is hereby amended to read as follows: 481.067 1. The department5-11
5-12
5-13
5-14
(a) A motor vehicles branch that includes:5-15
(1) A division of compliance enforcement.5-16
(2) A division of field services.5-17
(3) A division of central services and records.5-18
(4) A division of management services and programs.5-19
(b) A public safety branch that includes:5-20
(1) A Nevada highway patrol division.5-21
5-22
5-23
5-24
5-25
5-26
5-27
5-28
(c) Such other branches or divisions as the director may from time to5-29
time establish.5-30
2. Before he reorganizes the department, the director shall obtain the5-31
approval of:5-32
(a) The legislature, if it is in regular session; or5-33
(b) The interim finance committee, if the legislature is not in regular5-34
session.5-35
Sec. 7. NRS 481.071 is hereby amended to read as follows: 481.071 1. Any change in the organization of the department may5-37
include the branches, divisions, functions and responsibilities described in5-38
subsection 2 but must not include those described in5-39
5-40
2. Unless the organization of the department is changed by the director,5-41
the primary functions and responsibilities of the specified branches and5-42
divisions of the department are as follows:5-43
(a) The6-1
(1) Execute, administer and enforce the provisions of chapter 482 of6-2
NRS and perform such duties and exercise such powers as may be6-3
conferred upon it pursuant to chapter 482 of NRS and the provisions of any6-4
other laws;6-5
(2) Execute and administer the laws relative to the licensing of motor6-6
vehicle carriers and the use of public highways by those carriers as6-7
contained in chapter 706 of NRS;6-8
(3) Perform such duties and exercise such powers as may be6-9
conferred upon it pursuant to chapter 706 of NRS ;6-10
6-11
(4) Execute and administer the provisions of chapter 366 of NRS,6-12
relating to the imposition and collection of taxes on special fuels used for6-13
motor vehicles;6-14
(5) Perform such duties and exercise such powers as may be6-15
conferred upon it pursuant to chapter 366 of NRS6-16
6-17
6-18
(6) Execute, administer and enforce the provisions of chapter 483 of6-19
NRS and perform such duties and exercise such powers as may be6-20
conferred upon it pursuant to chapter 483 of NRS6-21
6-22
6-23
(7) Execute, administer and enforce the provisions of chapter 4856-24
of NRS and perform such duties and exercise such powers as may be6-25
conferred upon it pursuant to chapter 485 of NRS;6-26
(8) Execute, administer and enforce the laws relating to the6-27
licensing of drivers of motorcycles and similar vehicles in accordance6-28
with the provisions of chapter 486 of NRS;6-29
(9) Execute, administer and enforce the provisions of chapter 4876-30
of NRS and perform such duties and exercise such powers as may be6-31
conferred upon it pursuant to chapter 487 of NRS; and6-32
(10) Execute, administer and enforce the provisions of chapter 1086-33
of NRS and perform such duties and exercise such powers relating to6-34
liens on vehicles as may be conferred upon it pursuant to chapter 108 of6-35
NRS or the provisions of any other laws.6-36
(b) The administrative services division shall furnish fiscal ,6-37
accounting and other administrative services to the director and the6-38
various branches and divisions , and advise and assist the director and the6-39
various branches and divisions in carrying out their functions and6-40
responsibilities.6-41
7-1
(1) Execute, administer and enforce the provisions of chapter 453 of7-2
NRS relating to controlled substances and chapter 454 of NRS relating to7-3
dangerous drugs;7-4
(2) Assist the secretary of state in carrying out an investigation7-5
pursuant to NRS 293.124; and7-6
(3) Perform such duties and exercise such powers as may be7-7
conferred upon it pursuant to this chapter and any other laws.7-8
7-9
and enforce the provisions of chapter 484 of NRS and perform such duties7-10
and exercise such powers as may be conferred upon it pursuant to NRS7-11
481.180 and the provisions of any other laws.7-12
7-13
administer and enforce the provisions of chapter 414 of NRS and perform7-14
such duties and exercise such powers as may be conferred upon it pursuant7-15
to chapter 414 of NRS and the provisions of any other laws.7-16
7-17
enforce the provisions of chapter 477 of NRS and perform such duties and7-18
exercise such powers as may be conferred upon it pursuant to chapter 4777-19
of NRS and the provisions of any other laws.7-20
7-21
and enforce the provisions of chapters 176A and 213 of NRS relating to7-22
parole and probation and perform such duties and exercise such powers as7-23
may be conferred upon it pursuant to those chapters and the provisions of7-24
any other7-25
7-26
(h) The capitol police division shall assist the chief of the buildings and7-27
grounds division of the department of administration in the enforcement of7-28
subsection 1 of NRS 331.140.7-29
(i) The training division shall provide training to the employees of the7-30
department.7-31
Sec. 8. NRS 482.102 is hereby amended to read as follows: 482.102 "Registered owner" means7-33
firm, corporation or association whose name appears in the files of the7-34
motor7-35
the person to whom the vehicle is registered.7-36
Sec. 9. NRS 482.379 is hereby amended to read as follows: 482.379 1. The director may order the design and preparation of7-38
license plates which commemorate the 125th anniversary of Nevada’s7-39
admission into the Union and establish the procedures for the application7-40
and issuance of the plates.7-41
2. The department may designate any colors, numbers and letters for7-42
the commemorative plates.8-1
3. A person who is entitled to license plates pursuant to NRS 482.2658-2
may apply for commemorative license plates.8-3
4. The fee for the commemorative license plates is $10, in addition to8-4
all other applicable registration and license fees and motor vehicle privilege8-5
taxes. If a person is eligible for and applies for any special license plates8-6
issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.368 or8-7
482.370 to 482.3825, inclusive, and applies to have those special license8-8
plates combined with commemorative plates, the person must pay the fees8-9
for the special license plates in addition to the fee for the commemorative8-10
plates.8-11
5. In addition to all fees for the license, registration and privilege taxes,8-12
a person who is eligible for and applies for commemorative plates must pay8-13
$25 for the celebration of the 125th anniversary of Nevada’s admission into8-14
the Union. The fees for the license, registration, privilege taxes and the8-15
charge for the celebration may be paid with a single check.8-16
6. Commemorative plates are renewable upon the payment of $10.8-17
7. If during a registration year, the holder of commemorative plates8-18
issued pursuant to the provisions of this section disposes of the vehicle to8-19
which the plates are affixed, he may retain the plates and:8-20
(a) Within 30 days after removing the plates from the vehicle, return8-21
them to the department; or8-22
(b) Affix them to another vehicle which meets the requirements of this8-23
section if the transfer and registration fees are paid as is provided for in this8-24
chapter. A person who transfers plates must be allowed a8-25
twelfth reduction in fees for each calendar month remaining unused from8-26
the previous registration.8-27
8. Except as otherwise provided by subsection 10, if a commemorative8-28
license plate or set of license plates issued pursuant to the provisions of this8-29
section is lost, stolen or mutilated, the owner of the vehicle may secure a8-30
replacement license plate or set of replacement license plates, as the case8-31
may be, from the department upon payment of the fees set forth in8-32
subsection 2 of NRS 482.500.8-33
9. The department shall, for each set of commemorative license plates8-34
that it issues:8-35
(a) Deposit the $25 collected for the celebration of the 125th8-36
anniversary of Nevada’s admission into the Union with the state treasurer8-37
for credit to the account for Nevada’s 125th anniversary in the state general8-38
fund;8-39
(b) Deposit $7.50 with the state treasurer for credit to the motor vehicle8-40
fund pursuant to the provisions of NRS 482.180; and8-41
(c) Deposit $2.50 with the state treasurer for credit to the8-42
9-1
9-2
department for the cost of manufacturing the license plates.9-3
10. The department shall not:9-4
(a) Issue the commemorative license plates after October 31, 1990.9-5
(b) Issue replacement commemorative license plates after June 30,9-6
1995.9-7
Sec. 10. NRS 482.383 is hereby amended to read as follows: 482.383 1. The9-9
department may issue a special use permit for the operation of any9-10
unregistered and unlicensed vehicle upon any highway in9-11
enable such a vehicle to operate in connection with special events, such as9-12
parades.9-13
2. A permit issued pursuant to subsection 1 must be in a form9-14
prescribed by the department and must limit the use of the vehicle for9-15
which it is issued to movement for the purpose set forth in the application9-16
for the permit. Such a permit must be affixed to the vehicle in a manner and9-17
position determined by the department and must be canceled, destroyed or9-18
surrendered under such rules as the department may prescribe.9-19
3. The9-20
shall charge a fee of $2 for each permit issued pursuant to subsection 1.9-21
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,9-23
the9-24
shall mail to each licensee who has not already renewed his license an9-25
expiration notice.9-26
2. The department may require an applicant for a renewal license9-27
successfully to pass such additional9-28
reasonably necessary to determine his qualification according to the type or9-29
class of license applied for.9-30
Sec. 12. NRS 483.390 is hereby amended to read as follows: 483.390 Whenever any person after applying for or receiving a driver’s9-32
license moves from the address named in9-33
license issued to him, or when the name of a licensee is changed,9-34
that person shall within 10 days thereafter notify the9-35
9-36
addresses, or of such former and new names, and of the number of any9-37
license then held by him.9-38
Sec. 13. NRS 484.247 is hereby amended to read as follows: 484.247 1. The department shall prepare and upon request supply to9-40
police departments, sheriffs and other appropriate agencies or persons9-41
forms for written accident reports as required in this chapter, suitable with9-42
respect to the persons required to make the reports and the purposes to be9-43
served. The forms must be designed to call for sufficiently detailed10-1
information to disclose with reference to an accident the cause, conditions10-2
then existing, the persons and vehicles involved, the name and address of10-3
the insurance company, the number of the policy providing coverage and10-4
the dates on which the coverage begins and ends.10-5
2. The form prepared for a report to be made by persons pursuant to10-6
NRS 484.229 must call for such information as is required by the10-7
10-8
determine whether the requirements for the deposit of security under10-9
chapter 485 of NRS are inapplicable. The10-10
of the department may rely upon the accuracy of information supplied by a10-11
driver or owner on the form unless the10-12
that the information is erroneous.10-13
3. Every accident report required to be made in writing must be made10-14
on the appropriate form approved by the department and must contain all10-15
the information required therein unless it is not available.10-16
Sec. 14. NRS 485.108 is hereby amended to read as follows: 485.108 "Registered owner" means a person whose name appears in10-18
the records of the10-19
department as the person to whom the vehicle is registered.10-20
Sec. 15. NRS 485.130 is hereby amended to read as follows:10-21
485.130 1. The10-22
shall:10-23
(a) Administer and enforce the provisions of this chapter.10-24
(b) Provide for hearings upon request of persons aggrieved by orders or10-25
acts of the10-26
provisions of NRS 485.185 to 485.300, inclusive.10-27
2. The10-28
regulations necessary for the administration of this chapter.10-29
Sec. 16. NRS 485.135 is hereby amended to read as follows:10-30
485.135 The10-31
upon request furnish any person a certified abstract of the operating record10-32
of any person subject to the provisions of this chapter, which abstract10-33
10-34
name of10-35
conviction of10-36
operation of a motor vehicle or of any injury or damage caused by10-37
that person, the10-38
so certify.10-39
Sec. 17. NRS 485.137 is hereby amended to read as follows:10-40
485.137 1. The10-41
shall publish a leaflet which summarizes and explains the requirements and10-42
provisions of this chapter.10-43
2. The department shall:11-1
(a) Make copies of the leaflet available without charge to all licensed11-2
drivers in this state, to all public school pupils who are of driving age, and11-3
to the public.11-4
(b) Cause a copy of the leaflet to be delivered to each applicant for a11-5
new registration of a vehicle.11-6
(c) Enclose a copy of the leaflet with each application for a renewal of11-7
registration of a vehicle which is mailed to the applicant pursuant to law.11-8
Sec. 18. NRS 485.140 is hereby amended to read as follows:11-9
485.140 Any person aggrieved by a final decision in a contested case11-10
before the11-11
chapter is entitled to judicial review of the decision in the manner provided11-12
by chapter 233B of NRS.11-13
Sec. 19. NRS 485.190 is hereby amended to read as follows:11-14
485.190 1. If 20 days after the receipt of a report of an accident11-15
involving a motor vehicle within this state which has resulted in bodily11-16
injury or death, or damage to the property of any one person in excess of11-17
$750, the11-18
have on file evidence satisfactory to it that the person who would otherwise11-19
be required to file security under subsection 2 of this section has been11-20
released from liability, has been finally adjudicated not to be liable or has11-21
executed an acknowledged written agreement providing for the payment of11-22
an agreed amount in installments with respect to all claims for injuries or11-23
damages resulting from the accident, the11-24
of the department shall upon request set the matter for a hearing as11-25
provided in NRS 485.191.11-26
2. The11-27
any time after a determination adverse to an operator or owner pursuant to11-28
NRS 485.191, suspend the license of each operator and all registrations of11-29
each owner of a motor vehicle involved in such an accident, and, if the11-30
operator is a nonresident, the privilege of operating a motor vehicle within11-31
this state, and, if the owner is a nonresident, the privilege of the use within11-32
this state of any motor vehicle owned by him, unless the operator or owner,11-33
or both, deposit security in the sum so determined by the11-34
vehicles branch of the department. Notice of such a suspension must be11-35
sent by the11-36
operator and owner not less than 10 days before the effective date of the11-37
suspension and must state the amount required as security.11-38
erroneous information is given to the11-39
the department with respect to the matters set forth in paragraph (a), (b) or11-40
(c) of subsection 1 of NRS 485.200, the11-41
of the department shall take appropriate action as provided in this section11-42
after it receives correct information with respect to those matters.12-1
Sec. 20. NRS 485.191 is hereby amended to read as follows:12-2
485.191 1. Any operator or owner of a motor vehicle who was12-3
involved in an accident and who is not exempt from the requirements of12-4
depositing security by the provisions of NRS 485.200, is entitled to a12-5
hearing before the director or his representative before a determination of12-6
the amount of security required pursuant to NRS 485.190, and before the12-7
suspension of his operator’s license or registration as provided in12-8
subsection 2 of NRS 485.190. The hearing must be held in the county of12-9
residence of the operator. If the operator and owner reside in different12-10
counties and the hearing would involve both of them, the hearing must be12-11
held in the county which will be the most convenient for the summoning of12-12
witnesses.12-13
2. The owner or operator must be given at least 30 days’ notice of the12-14
hearing in writing with a brief explanation of the proceedings to be taken12-15
against him and the possible consequences of a determination adverse to12-16
him.12-17
3. If the operator or owner desires a hearing, he shall, within 15 days,12-18
notify the12-19
his intention. If he does not send this notice within the 15 days, he waives12-20
his right to a hearing ,12-21
shown permit the owner a later opportunity for a hearing.12-22
Sec. 21. NRS 485.200 is hereby amended to read as follows:12-23
485.200 1. The requirements as to security and suspension in NRS12-24
485.190 to 485.300, inclusive, do not apply:12-25
(a) To the operator or owner if he had in effect at the time of the12-26
accident a motor vehicle liability policy with respect to the motor vehicle12-27
involved in the accident;12-28
(b) To the operator if there was in effect at the time of the accident a12-29
motor vehicle liability policy with respect to his operation of any motor12-30
vehicle;12-31
(c) To the operator or owner if his liability for damages resulting from12-32
the accident is, in the judgment of the12-33
the department, covered by any other form of liability insurance policy or a12-34
bond;12-35
(d) To any person qualifying as a self-insurer pursuant to NRS 485.380,12-36
or to any person operating a motor vehicle for the self-insured;12-37
(e) To the operator or the owner of a motor vehicle involved in an12-38
accident wherein no injury or damage was caused to the person or property12-39
of anyone other than the operator or owner;12-40
(f) To the operator or the owner of a motor vehicle legally parked at the12-41
time of the accident;12-42
(g) To the owner of a motor vehicle if at the time of the accident the12-43
vehicle was being operated without his permission, express or implied, or13-1
was parked by a person who had been operating the motor vehicle without13-2
permission; or13-3
(h) If, before the date that the13-4
department would otherwise suspend the license and registration or13-5
nonresident’s operating privilege pursuant to NRS 485.190, there is filed13-6
with the13-7
satisfactory to it that the person who would otherwise have to file security13-8
has been released from liability or has received a determination in his favor13-9
at a hearing conducted pursuant to NRS 485.191, or has been finally13-10
adjudicated not to be liable or has executed an acknowledged written13-11
agreement providing for the payment of an agreed amount in installments,13-12
with respect to all claims for injuries or damages resulting from the13-13
accident.13-14
2. An owner who is not the operator of the motor vehicle is not exempt13-15
from the requirements as to security and suspension in NRS 485.190 to13-16
485.300, inclusive, if he holds a motor vehicle liability policy which13-17
provides coverage only when he is operating the motor vehicle and, at the13-18
time of the accident, another person is operating the motor vehicle with the13-19
express or implied permission of the owner.13-20
Sec. 22. NRS 485.220 is hereby amended to read as follows:13-21
485.220 1. The security required pursuant to NRS 485.190 to13-22
485.300, inclusive, must be in such a form and amount as the13-23
motor vehicles branch of the department may require, but in no case in13-24
excess of the limits specified in NRS 485.210 in reference to the acceptable13-25
limits of a policy or bond.13-26
2. The person depositing the security shall specify in writing the person13-27
or persons on whose behalf the deposit is made and, at any time while the13-28
deposit is in the custody of the13-29
department or the state treasurer, the person depositing it may, in writing,13-30
amend the specification of the person or persons on whose behalf the13-31
deposit is made to include an additional person or persons, but a single13-32
deposit of security is applicable only on behalf of persons required to13-33
furnish security because of the same accident.13-34
Sec. 23. NRS 485.230 is hereby amended to read as follows:13-35
485.230 1. The license, all registrations and the nonresident’s13-36
operating privilege suspended as provided in NRS 485.190 must remain so13-37
suspended and may not be renewed nor may any license or registration be13-38
issued to any such person until:13-39
(a) He deposits or there is deposited on his behalf the security required13-40
under NRS 485.190;13-41
(b) Two years have elapsed following the date of the accident and13-42
evidence satisfactory to the14-1
department has been filed with it that during that period no action for14-2
damages arising out of the accident has been instituted; or14-3
(c) Evidence satisfactory to the14-4
department has been filed with it of a release from liability, or a final14-5
adjudication of nonliability, or an acknowledged written agreement, in14-6
accordance with NRS 485.190.14-7
2. Upon any default in the payment of any installment under any14-8
acknowledged written agreement, and upon notice of the default, the14-9
14-10
license and all registrations or the nonresident’s operating privilege of the14-11
person defaulting, which may not be restored until:14-12
(a) The person deposits and thereafter maintains security as required14-13
under NRS 485.190 in such an amount as the14-14
branch of the department may then determine; or14-15
(b) One year has elapsed following the date of default, or 2 years14-16
following the date of the accident, whichever is greater, and during that14-17
period no action upon the agreement has been instituted in a court in this14-18
state.14-19
3. Proof of financial responsibility, as set forth in NRS 485.307, is an14-20
additional requirement for reinstatement of the operator’s license and14-21
registrations under this section. He shall maintain proof of financial14-22
responsibility for 3 years after the date of reinstatement of the license in14-23
accordance with the provisions of this chapter. If he fails to do so the14-24
14-25
license and registrations.14-26
Sec. 24. NRS 485.240 is hereby amended to read as follows:14-27
485.240 1. If the operator or the owner of a motor vehicle involved14-28
in an accident within this state has no license or registration, or is a14-29
nonresident, he must not be allowed a license or registration until he has14-30
complied with the requirements of NRS 485.190 to 485.300, inclusive, to14-31
the same extent that would be necessary if, at the time of the accident, he14-32
had held a license and registration.14-33
2. When a nonresident’s operating privilege is suspended pursuant to14-34
NRS 485.190 or 485.230, the14-35
department shall transmit a certified copy of the record of that action to the14-36
14-37
certificates in the state in which the nonresident resides, if the law of that14-38
state provides for action in relation thereto similar to that provided for in14-39
subsection 3.14-40
3. Upon receipt of a certification that the operating privilege of a14-41
resident of this state has been suspended or revoked in any other state14-42
pursuant to a law providing for its suspension or revocation for failure to14-43
deposit security for the payment of judgments arising out of a motor vehicle15-1
accident, under circumstances which would require the15-2
vehicles branch of the department to suspend a nonresident’s operating15-3
privilege had the accident occurred in this state, the15-4
vehicles branch of the department shall suspend the license of the resident15-5
if he was the operator, and all of his registrations if he was the owner of a15-6
motor vehicle involved in that accident. The suspension must continue until15-7
the resident furnishes evidence of his compliance with the law of the other15-8
state relating to the deposit of15-9
Sec. 25. NRS 485.250 is hereby amended to read as follows:15-10
485.250 The15-11
reduce the amount of security ordered in any case within 6 months after the15-12
date of the accident if, in its judgment, the amount ordered is excessive. In15-13
case the security originally ordered has been deposited, the excess15-14
deposited over the reduced amount ordered15-15
depositor or his personal representative forthwith, notwithstanding the15-16
provisions of NRS 485.270.15-17
Sec. 26. NRS 485.260 is hereby amended to read as follows:15-18
485.260 Security deposited pursuant to the requirements of NRS15-19
485.190 to 485.300, inclusive, must be placed by the15-20
vehicles branch of the department in the custody of the state treasurer.15-21
Sec. 27. NRS 485.280 is hereby amended to read as follows:15-22
485.280 A deposit or any balance thereof must be returned to the15-23
depositor or his personal representative:15-24
1. When evidence satisfactory to the15-25
of the department has been filed with it that there has been a release from15-26
liability, a final adjudication of nonliability or an acknowledged agreement,15-27
in accordance with paragraph (h) of subsection 1 of NRS 485.200; or15-28
2. If 2 years after the date of the accident or 1 year15-29
date of deposit of any security under NRS 485.230, whichever period is15-30
longer, the15-31
reasonable evidence that there is no action pending and no judgment15-32
rendered in such an action left unpaid.15-33
Sec. 28. NRS 485.290 is hereby amended to read as follows:15-34
485.290 1. In cases where a return to a depositor or his personal15-35
representative is authorized and warranted under NRS 485.280 but the15-36
address or present whereabouts of the depositor is unknown and cannot be15-37
readily ascertained by the15-38
department, the security deposited may, 90 days after its return would be15-39
authorized by NRS 485.280, be transferred from the custody of the state15-40
treasurer to the state highway fund for the general use of the department of15-41
transportation upon the written and certified request of the15-42
motor vehicles branch of the department.16-1
2. The request made by the16-2
department must state the names of the parties, the dates and a concise16-3
statement of the facts involved and must be forwarded in duplicate to the16-4
state controller and the state treasurer.16-5
3. The state controller and the state treasurer are directed to transfer the16-6
amounts of security deposits from the custody of the state treasurer to the16-7
state highway fund16-8
being satisfied that the provisions of this chapter have been complied with.16-9
4. If the depositor of the security or his rightful heirs or legatees, within16-10
5 years after the transfer of the deposit to the state highway fund, present a16-11
verified claim to the16-12
and make proof of the validity of16-13
vehicles branch of the department, if it is satisfied as to the validity of the16-14
claim, may determine the amount thereby found to be due and certify it to16-15
the state controller who shall draw his warrant therefor on the state16-16
treasurer, who shall pay the warrant out of the state highway fund.16-17
5. If the16-18
validity of the claim, the claimant, upon notice to the attorney general, has a16-19
right to appeal to the First Judicial District Court of the State of Nevada, in16-20
and for Carson City, and present his proof of the validity of the claim. If,16-21
after hearing, the court is satisfied the claimant is rightfully entitled to the16-22
deposit, the court shall enter a decree that the money be paid to him. The16-23
decree must be certified to the state board of examiners, stating the amount16-24
thereby found to be due, and the state board of examiners shall allow the16-25
amount and certify it to the state controller who shall draw his warrant16-26
therefor on the state treasurer, who shall pay the warrant out of the state16-27
highway fund.16-28
6. The amounts in the custody of the state treasurer on March 19, 1955,16-29
falling under the provisions of this section, may be transferred to the state16-30
highway fund, after the expiration of 90 days from March 19, 1955, in16-31
accordance with the provisions of this section.16-32
Sec. 29. NRS 485.300 is hereby amended to read as follows:16-33
485.300 Any action taken by the16-34
the department pursuant to NRS 485.190 to 485.300, inclusive, the16-35
findings, if any, of the16-36
upon which the action is based and the security filed pursuant to NRS16-37
485.190 to 485.300, inclusive, are privileged against disclosure at the trial16-38
of any action at law to recover damages.16-39
Sec. 30. NRS 485.301 is hereby amended to read as follows: 485.301 1. Whenever any person fails within 60 days to satisfy any16-41
judgment, the judgment creditor or his attorney may forward to the16-42
16-43
expiration of the 60 days a certified copy of the judgment.17-1
2. If the defendant named in any certified copy of a judgment reported17-2
to the17-3
the17-4
certified copy of the judgment to the17-5
issuance of licenses and registration certificates of the state in which the17-6
defendant is a resident.17-7
Sec. 31. NRS 485.302 is hereby amended to read as follows: 485.302 1. The17-9
shall, upon the receipt of a certified copy of a judgment,17-10
license, all registrations and any nonresident’s operating privilege of any17-11
person against whom the judgment was rendered, except as otherwise17-12
provided in this section and in NRS 485.305.17-13
2. If the judgment creditor consents in writing, in such a form as the17-14
17-15
judgment debtor be allowed a license and registration or nonresident’s17-16
operating privilege, it may be allowed by the17-17
branch of the department until the consent is revoked in writing,17-18
notwithstanding default in the payment of the judgment or of any17-19
installments thereof prescribed in NRS 485.305, if the judgment debtor17-20
furnishes proof of financial responsibility as provided in NRS 485.307. The17-21
debtor shall maintain proof of financial responsibility for 3 years after the17-22
date of reinstatement of the license pursuant to the provisions of this17-23
chapter. If he fails to do so, the17-24
department shall suspend his license and registrations.17-25
Sec. 32. NRS 485.305 is hereby amended to read as follows: 485.305 1. A judgment debtor upon17-27
creditor may apply to the court in which the judgment was rendered for the17-28
privilege of paying the judgment in installments and the court, without17-29
prejudice to any other legal remedies which the judgment creditor may17-30
have, may so order and fix the amounts and times of payment of the17-31
installments.17-32
2. The17-33
suspend a license, registration or a nonresident’s operating privilege, and17-34
shall restore any license, registrations or nonresident’s operating privilege17-35
suspended following nonpayment of a judgment,17-36
debtor gives proof of financial responsibility and obtains such an order17-37
permitting the payment of the judgment in installments, and while the17-38
payment of any such installment is not in default. The requirements of this17-39
section for reinstatement of a license, registration or privilege are in17-40
addition to the requirements of NRS 485.307.17-41
3. If the judgment debtor fails to pay any installment as specified by17-42
such an order,17-43
vehicles branch of the department shall forthwith suspend the license,18-1
registrations or nonresident’s operating privilege of the judgment debtor18-2
until the judgment is satisfied, as provided in this chapter.18-3
Sec. 33. NRS 485.3075 is hereby amended to read as follows: 485.3075 A person whose license or registrations are suspended for18-5
failure to maintain proof of financial responsibility as required pursuant to18-6
this Title must provide proof of financial responsibility pursuant to NRS18-7
485.307 before his license or registrations will be reinstated.18-8
person must maintain proof of financial responsibility for 3 years after the18-9
date of the reinstatement of his license pursuant to the provisions of this18-10
chapter. If he fails to do so, the18-11
department shall suspend his license and registrations.18-12
Sec. 34. NRS 485.308 is hereby amended to read as follows: 485.308 1. Proof of financial responsibility may be furnished by18-14
filing with the18-15
written certificate of any insurance carrier authorized to do business in this18-16
state certifying that there is in effect a motor vehicle liability policy for the18-17
benefit of the person required to furnish proof of financial responsibility.18-18
The certificate must specify its effective date and:18-19
(a) If the policy is an owner’s policy of liability insurance, designate by18-20
appropriate reference all motor vehicles covered by it; or18-21
(b) If the policy is an operator’s policy of liability insurance, designate18-22
the person covered.18-23
2. The department may authorize the filing of the certificates described18-24
in subsection 1 by electronic transmission or any other means deemed18-25
appropriate by the department.18-26
3. An insurance carrier that certifies the existence of a motor vehicle18-27
liability policy pursuant to subsection 1, must notify the18-28
vehicles branch of the department at least 10 days before the cancellation18-29
or termination of the policy.18-30
Sec. 35. NRS 485.309 is hereby amended to read as follows: 485.309 1. The nonresident owner of a motor vehicle not registered18-32
in this state or a nonresident operator of a motor vehicle may give proof of18-33
financial responsibility by filing with the18-34
of the department a written certificate of an insurance carrier authorized to18-35
transact business:18-36
(a) If the insurance provides coverage for the vehicle, in the state in18-37
which the motor vehicle described in the certificate is registered; or18-38
(b) If the insurance provides coverage for the operator only, in the state18-39
in which the insured resides,18-40
if the certificate otherwise conforms to the provisions of this chapter.18-41
2. The18-42
accept the proof upon condition that the insurance carrier complies with the18-43
following provisions with respect to the policies so certified:19-1
(a) The insurance carrier shall execute a power of attorney authorizing19-2
the director to accept service on its behalf of notice or process in any action19-3
arising out of an accident involving a motor vehicle in this state; and19-4
(b) The insurance carrier shall agree in writing that the policies shall be19-5
deemed to conform with the laws of this state relating to the terms of19-6
liability policies for owners of motor vehicles.19-7
3. If any insurance carrier not authorized to transact business in this19-8
state, which has qualified to furnish proof of financial responsibility,19-9
defaults in any undertakings or agreements, the19-10
branch of the department shall not thereafter accept as proof any19-11
certificate of that carrier whether theretofore filed or thereafter tendered as19-12
proof,19-13
Sec. 36. NRS 485.3092 is hereby amended to read as follows: 485.3092 When an insurance carrier has issued a motor vehicle19-15
liability policy, the insurance so issued must not be canceled or terminated19-16
until at least 10 days after a notice of cancellation or termination of the19-17
insurance has been mailed first class or delivered to the insured and, if the19-18
insurance carrier has certified the policy under NRS 485.308 or 485.309, a19-19
notice has also been filed in the office of the19-20
branch of the department. A policy subsequently procured and certified,19-21
on the effective date of its certification, terminates the insurance previously19-22
certified with respect to any motor vehicle designated or the person named19-23
as the insured operator in both certificates. If the effective date of the19-24
termination is within 3 years after the date of reinstatement of a license,19-25
registration or privilege, the19-26
department shall suspend the license and registration or privilege.19-27
Sec. 37. NRS 485.3098 is hereby amended to read as follows: 485.3098 Whenever any proof of financial responsibility filed under19-29
the provisions of this chapter no longer fulfills the purposes for which19-30
required, the19-31
the purpose of this chapter, require other proof as required by this chapter19-32
and shall suspend the license and registration or the nonresident’s operating19-33
privilege pending the filing of such other proof.19-34
Sec. 38. NRS 485.3099 is hereby amended to read as follows: 485.3099 1. The19-36
shall , upon request , consent to the immediate cancellation of any19-37
certificate of financial responsibility19-38
requirement of filing proof of financial responsibility, in any of the19-39
following events:19-40
(a) At any time after 3 years19-41
responsibility was required when, during the 3-year period preceding the19-42
request, the19-43
received a record of a conviction or a forfeiture of bail which would require20-1
or permit the suspension or revocation of the license, registration or20-2
nonresident’s operating privilege of the person by or for whom the proof of20-3
financial responsibility was furnished;20-4
(b)20-5
proof of financial responsibility was filed or the permanent incapacity of20-6
the person to operate a motor vehicle; or20-7
(c) If the person who is required to file proof of financial responsibility20-8
surrenders his license and registration to the20-9
branch of the department.20-10
2. If a person who surrenders his license and registration pursuant to20-11
paragraph (c) of subsection 1 applies for a license or registration within a20-12
period of 3 years after the date proof of financial responsibility was20-13
originally required, the application must be refused unless the applicant20-14
reestablishes proof of financial responsibility for the remainder of the20-15
3-year period.20-16
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 in20-18
this chapter, he shall immediately return the license to the20-19
vehicles branch of the department. If his registration is suspended, he shall20-20
immediately return the certificate of registration and the license plates to20-21
the20-22
2. If any person fails to return any item as required by subsection 1, the20-23
20-24
any peace officer to secure possession thereof and to return the item to the20-25
20-26
3. A person who owns a dormant vehicle who desires to cancel the20-27
policy of liability insurance covering that vehicle or to allow such a policy20-28
to expire:20-29
(a) Shall, on or before the date on which the policy is canceled or20-30
expires, cancel the registration of the vehicle to which that policy pertains.20-31
(b) May, if he presents the license plates for that vehicle to the20-32
authorized personnel of the20-33
department for the removal and destruction of the sticker or other device20-34
evidencing the current registration of the vehicle, retain for potential20-35
reinstatement the license plates for a period not to exceed 1 year.20-36
4. The department shall adopt regulations which define "extended20-37
period," "mechanical circumstances" and "seasonal circumstances" for the20-38
purposes of NRS 485.0335.20-39
Sec. 40. NRS 485.326 is hereby amended to read as follows: 485.326 1. The department shall suspend the license of any person20-41
convicted of violating the provisions of paragraph (a) of subsection 1 of20-42
NRS 485.187.21-1
2. Any license suspended pursuant to subsection 1 must remain21-2
suspended until the person shows proof of financial responsibility as set21-3
forth in NRS 485.307. The person shall maintain proof of financial21-4
responsibility for 3 years after the reinstatement of his license pursuant to21-5
the provisions of this chapter, and if he fails to do so, the21-6
vehicles branch of the department shall suspend any license previously21-7
suspended pursuant to subsection 1.21-8
Sec. 41. NRS 485.380 is hereby amended to read as follows: 485.380 1. Any person in whose name more than 10 motor vehicles21-10
are registered in the State of Nevada may qualify as a self-insurer by21-11
obtaining a certificate of self-insurance issued by the21-12
vehicles branch of the department as provided in subsection 2.21-13
2. The21-14
the application of such a person, issue a certificate of self-insurance when:21-15
(a) It is satisfied that he possesses and will continue to possess the21-16
ability to pay judgments obtained against him; and21-17
(b) The person provides security to satisfy judgments against him in an21-18
amount prescribed by regulation of the department.21-19
3. The certificate of self-insurance must include:21-20
(a) The name and address of the self-insurer;21-21
(b) The expiration date of the self-insurance; and21-22
(c) The statements:21-23
(1) "Self-insured"; and21-24
(2) "This certificate of self-insurance or a photocopy thereof must be21-25
carried in the motor vehicle which is self-insured for production on21-26
demand."21-27
4. Upon not less than 5 days’ notice and a hearing pursuant to the21-28
notice, the21-29
reasonable grounds, cancel a certificate of self-insurance. Failure to pay21-30
any judgment within 30 days after it becomes final constitutes a reasonable21-31
ground for the cancellation of a certificate of self-insurance.21-32
5. The department shall adopt regulations which set forth the amount of21-33
security which must be provided by a self-insurer pursuant to subsection 2.21-34
Sec. 42. NRS 485.385 is hereby amended to read as follows: 485.385 Whenever the21-36
department has taken any action or has failed to take any action under this21-37
chapter by reason of having received erroneous information or by reason of21-38
having received no information,21-39
within 2 years after the date of the accident the21-40
branch of the department shall take appropriate action to carry out the21-41
purposes21-42
21-43
amount of any deposit required under this chapter.22-1
Sec. 43. NRS 487.230 is hereby amended to read as follows: 487.230 1. Any sheriff, constable, member of the Nevada highway22-3
patrol, officer of the legislative police, investigator of the22-4
division of compliance enforcement of the22-5
vehicles branch of the department, personnel of the capitol police division22-6
of the department, designated employees of the manufactured housing22-7
division of the department of business and industry, special investigator22-8
employed by the office of a district attorney, marshal or policeman of a city22-9
or town, or a marshal or park ranger who is part of a unit of specialized law22-10
enforcement established pursuant to NRS 280.125 who has reason to22-11
believe that a vehicle has been abandoned on public property in his22-12
jurisdiction may remove the vehicle from that property. At the request of22-13
the owner or person in possession or control of private property who has22-14
reason to believe that a vehicle has been abandoned on his property, the22-15
vehicle may be removed by the operator of a tow car or an automobile22-16
wrecker from that private property.22-17
2. A person who authorizes the removal of an abandoned vehicle22-18
pursuant to subsection 1 shall:22-19
(a) Have the vehicle taken to the nearest garage or other place22-20
designated for storage by:22-21
(1) The state agency or political subdivision making the request, if the22-22
vehicle is removed from public property.22-23
(2) The owner or person in possession or control of the property, if22-24
the vehicle is removed from private property.22-25
(b) Make all practical inquiries to ascertain if the vehicle is stolen by22-26
checking the license plate number, vehicle identification number and other22-27
available information which will aid in identifying the registered and legal22-28
owner of the vehicle and supply the information to the person who is22-29
storing the vehicle.22-30
Sec. 44. NRS 108.2679 is hereby amended to read as follows: 108.2679 "Registered owner" means:22-32
1. A person whose name appears in the files of the manufactured22-33
housing division of the department of business and industry as the person to22-34
whom the mobile home or manufactured home is registered, but does not22-35
include:22-36
(a) A creditor who holds title to the mobile home or manufactured22-37
home; or22-38
(b) The owner or holder of a lien encumbering the mobile home or22-39
manufactured home.22-40
2. A person whose name appears in the files of the22-41
22-42
public safety as the person to whom the vehicle is registered.23-1
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 in23-3
NRS 108.270 to 108.360, inclusive, may be satisfied as follows:23-4
1. The lien claimant shall give written notice to the person on whose23-5
account the storing, maintaining, keeping, repairing, labor, fuel, supplies,23-6
facilities, services or accessories were made, done or given, and to any23-7
other person known to have or to claim an interest in the motor vehicle,23-8
aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer,23-9
recreational vehicle, mobile home or manufactured home, upon which the23-10
lien is asserted, and to the:23-11
(a) Manufactured housing division of the department of business and23-12
industry with regard to mobile homes, manufactured homes, and23-13
commercial coaches as defined in chapter 489 of NRS; or23-14
(b)23-15
motor vehicles and public safety with regard to all other items included in23-16
this section.23-17
2. In accordance with the terms of a notice so given, a sale by auction23-18
may be23-19
motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft23-20
parts, trailer, recreational vehicle, mobile home or manufactured home. The23-21
sale must be23-22
place is manifestly unsuitable for the purpose, at the nearest suitable place.23-23
3. After the time for the payment of the claim specified in the notice23-24
has elapsed, an advertisement of the sale, describing the motor vehicle,23-25
aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer,23-26
recreational vehicle, mobile home or manufactured home to be sold, and23-27
stating the name of the owner or person on whose account it is held, and the23-28
time and place of the sale, must be published once a week for 3 consecutive23-29
weeks in a newspaper published in the place where the sale is to be held,23-30
but if no newspaper is published in that place , then in23-31
published in this state23-32
place. The sale must not be held less than 22 days after the time of the first23-33
publication.23-34
4. From the proceeds of the sale the lien claimant who furnished the23-35
services, labor, fuel, accessories, facilities or supplies shall satisfy his lien,23-36
including the reasonable charges of notice, advertisement and sale. The23-37
balance, if any, of the proceeds must be delivered, on demand, to the23-38
person to whom he would have been bound to deliver, or justified in23-39
delivering, the motor vehicle, aircraft, motorcycle, motor or aircraft23-40
equipment, aircraft parts, trailer, recreational vehicle, mobile home or23-41
manufactured home.24-1
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 rent24-3
or rent and utilities under the provisions of NRS 108.270 to 108.360,24-4
inclusive, must within 15 days after the rent is 30 days past due, make a24-5
demand in writing upon the registered owner of the recreational vehicle,24-6
mobile home or manufactured home, for the amount due, stating that a lien24-7
is claimed on the recreational vehicle, mobile home or manufactured home.24-8
A copy of the demand must be sent to every holder of a security interest24-9
and every person who is listed in the records of the manufactured housing24-10
division of the department of business and industry as holding an24-11
ownership or other interest in, and every tenant or subtenant of, the24-12
recreational vehicle, mobile home or manufactured home, and to the:24-13
(a) Manufactured housing division of the department of business and24-14
industry, with regard to mobile homes and manufactured homes; or24-15
(b)24-16
motor vehicles and public safety, with regard to recreational vehicles,24-17
by registered or certified mail.24-18
2. To obtain the name and address of a holder of a security interest or a24-19
person who is listed in the records of the manufactured housing division of24-20
the department of business and industry as holding an ownership or other24-21
interest in the recreational vehicle, mobile home or manufactured home, the24-22
landlord shall, before making the demand for payment, request that24-23
information from the:24-24
(a) Manufactured housing division of the department of business and24-25
industry, with regard to mobile homes, manufactured homes, and24-26
commercial coaches as defined in chapter 489 of NRS; or24-27
(b) Department of motor vehicles and public safety, with regard to all24-28
other vehicles,24-29
and the state agency shall supply that information from its records. If the24-30
recreational vehicle, mobile home or manufactured home is registered in24-31
another state, territory or country, the landlord shall, before making the24-32
demand for payment, obtain the information from the appropriate agency of24-33
that state, territory or country.24-34
3. A landlord who enforces a lien for unpaid rent may recover an24-35
amount equal to:24-36
(a) The amount of the unpaid rent;24-37
(b) The cost of any advertising and notices required pursuant to NRS24-38
108.270 to 108.360, inclusive;24-39
(c) The cost and fees ordered by a court in any action contesting the24-40
validity of a lien; and24-41
(d) The cost of a sale, if a sale by auction is made pursuant to the24-42
provisions of NRS 108.310.25-1
4. No recreational vehicle, mobile home or manufactured home may be25-2
sold for delinquent rent or rent and utilities until 4 months have elapsed25-3
after the first default in payment, and a notice of lien has been served25-4
pursuant to subsection 1. At least 10 days but not more than 30 days before25-5
a sale, a written notice of sale by auction must be sent to the registered25-6
owner and tenant or subtenant and to every holder of a security interest and25-7
every person who is listed in the records of the manufactured housing25-8
division of the department of business and industry as holding an25-9
ownership or other interest in the recreational vehicle, mobile home or25-10
manufactured home by registered or certified mail stating that a sale by25-11
auction of the recreational vehicle, mobile home or manufactured home is25-12
to be made pursuant to the provisions of NRS 108.310. The written notice25-13
of sale by auction must include the time and location of the sale, the25-14
amount necessary to satisfy the lien and a description of the legal25-15
proceeding available to contest the lien pursuant to NRS 108.350 and25-16
108.355.25-17
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:25-19
(a) The director of the department of motor vehicles and public safety.25-20
(b) The chiefs of the divisions of the department of motor vehicles and25-21
public safety.25-22
(c) The deputy directors of the department of motor vehicles and public25-23
safety employed pursuant to subsection 2 of NRS 481.035.25-24
(d) The investigators and agents of the investigation division of the25-25
department of motor vehicles and public safety and any other officer or25-26
employee of that division whose principal duty is to enforce one or more25-27
laws of this state, and any person promoted from such a duty to a25-28
supervisory position related to such a duty.25-29
(e) The personnel of the capitol police division of the department of25-30
motor vehicles and public safety appointed pursuant to subsection 2 of25-31
NRS 331.140.25-32
2. The personnel of the Nevada highway patrol appointed pursuant to25-33
subsection 2 of NRS 481.150 have the powers of a peace officer specified25-34
in NRS 481.150 and 481.180.25-35
3. Administrators and investigators of the25-36
compliance enforcement of the25-37
branch of the department of motor vehicles and public safety have the25-38
powers of a peace officer to enforce any law of the State of Nevada in25-39
carrying out their duties under NRS 481.048.25-40
4. Officers and investigators of the section for the control of emissions25-41
from vehicles of the25-42
department of motor vehicles and public safety, appointed pursuant to NRS26-1
481.0481, have the powers of peace officers in carrying out their duties26-2
under that section.26-3
5. Members of the state disaster identification team of the division of26-4
emergency management of the department of motor vehicles and public26-5
safety who are, pursuant to NRS 414.270, activated by the chief of the26-6
division during a state of emergency proclaimed pursuant to NRS 414.07026-7
to perform the duties of the state disaster identification team, have the26-8
powers of peace officers in carrying out those duties.26-9
Sec. 48. NRS 293.504 is hereby amended to read as follows: 293.504 1. The following offices shall serve as voter registration26-11
agencies:26-12
(a) Such offices that provide public assistance as are designated by the26-13
secretary of state;26-14
(b) Each office that receives money from the State of Nevada to provide26-15
services to persons in this state who are disabled;26-16
(c) The offices of the26-17
of the department of motor vehicles and public safety;26-18
(d) The offices of the city and county clerks; and26-19
(e) Such other offices as the secretary of state deems appropriate.26-20
2. Each voter registration agency shall:26-21
(a) Make applications to register to vote which may be returned by mail26-22
available to each person who applies for or receives services or assistance26-23
from the agency;26-24
(b) Provide the same amount of assistance to an applicant in completing26-25
an application to register to vote as the agency provides to a person26-26
completing any other forms for the agency; and26-27
(c) Accept completed applications to register to vote.26-28
3. Except as otherwise provided in this subsection and NRS 293.524,26-29
any application to register to vote accepted by a voter registration agency26-30
must be transmitted to the county clerk not later than 10 days after the26-31
application is accepted. During the 2 weeks immediately preceding the26-32
close of registration for an election, the applications must be forwarded26-33
daily. The county clerk shall accept any application to register to vote26-34
which is completed by the last day to register if he receives the application26-35
not later than 5 days after the close of registration.26-36
4. The secretary of state shall cooperate with the Secretary of Defense26-37
to develop and carry out procedures to enable persons in this state to apply26-38
to register to vote at recruitment offices of the United States Armed Forces.26-39
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 is26-41
commenced pursuant to NRS 445B.770 to 445B.815, inclusive, the26-42
following fees must be paid to the department of motor vehicles and public27-1
safety and accounted for in the pollution control account, which is hereby27-2
created in the state general fund:27-3
(a) For the issuance and annual renewal of license for an27-4
authorized inspection station, authorized maintenance station,27-5
authorized station or fleet station $2527-6
(b) For each set of 25 forms certifying emission control27-7
compliance 12527-8
(c) For each form issued to a fleet station 527-9
2. Except as otherwise provided in subsections 4, 5 and 6, all fees must27-10
be used by that department as needed to carry out the provisions of NRS27-11
445B.700 to 445B.845, inclusive.27-12
3. The department of motor vehicles and public safety may prescribe27-13
by regulation routine fees for inspection at the prevailing shop labor rate,27-14
including maximum charges for those fees, and for the posting of those fees27-15
in a conspicuous place at an authorized inspection station or authorized27-16
station.27-17
4. The department of motor vehicles and public safety shall by27-18
regulation establish a program to award grants of:27-19
(a) Money in the pollution control account to agencies in nonattainment27-20
or maintenance areas for carbon monoxide for programs related to the27-21
improvement of the quality of air. The amount of money granted must not27-22
exceed that portion of the money in the pollution control account that27-23
equals27-24
to subsection 1.27-25
(b) Excess money in the pollution control account to air pollution27-26
control agencies established pursuant to NRS 445B.205 or 445B.500. As27-27
used in this paragraph, "excess money" means the money in excess of27-28
$500,000 remaining in the pollution control account at the end of the fiscal27-29
year.27-30
5. Any regulations adopted pursuant to subsection 4 must provide for27-31
the creation of an advisory committee consisting of representatives of state27-32
and local agencies involved in the control of emissions from motor27-33
vehicles. The committee shall:27-34
(a) Review applications for grants and make recommendations for their27-35
approval, rejection or modification;27-36
(b) Establish goals and objectives for the program for control of27-37
emissions from motor vehicles;27-38
(c) Identify areas where funding should be made available; and27-39
(d) Review and make recommendations concerning regulations adopted27-40
pursuant to subsection 4 or NRS 445B.770.27-41
6. Grants proposed pursuant to subsections 4 and 5 must be submitted27-42
to the27-43
branch of the department of motor vehicles and public safety and the28-1
administrator of the division of environmental protection of the state28-2
department of conservation and natural resources. Proposed grants28-3
approved by the28-4
awarded until approved by the interim finance committee.28-5
Sec. 50. NRS 617.135 is hereby amended to read as follows: 617.135 "Police officer" includes:28-7
1. A sheriff, deputy sheriff, officer of a metropolitan police department28-8
or city policeman;28-9
2. A chief, inspector supervisor, commercial officer or trooper of the28-10
Nevada highway patrol;28-11
3. A chief, investigator or agent of the investigation division of the28-12
department of motor vehicles and public safety;28-13
4. An officer or investigator of the section for the control of emissions28-14
from vehicles of the28-15
department of motor vehicles and public safety;28-16
5. An investigator of the28-17
of the28-18
motor vehicles and public safety;28-19
6. A member of the police department of the University and28-20
Community College System of Nevada;28-21
7. A:28-22
(a) Uniformed employee of; or28-23
(b) Forensic specialist employed by,28-24
the department of prisons whose position requires regular and frequent28-25
contact with the offenders imprisoned and subjects the employee to recall28-26
in emergencies;28-27
8. A parole and probation officer of the division of parole and28-28
probation of the department of motor vehicles and public safety; and28-29
9. A forensic specialist or correctional officer employed by the division28-30
of mental health and developmental services of the department of human28-31
resources at facilities for mentally disordered offenders.28-32
Sec. 51. NRS 706.8828 is hereby amended to read as follows: 706.8828 1. A certificate holder shall file with the administrator, and28-34
keep in effect at all times, a policy of insurance with an insurance company28-35
licensed to do business in the State of Nevada.28-36
2. The insurance policy specified in subsection 1 must:28-37
(a) Provide the following coverage:28-38
For injury to one person in any one accident $100,00028-39
For injury to two or more persons in any one accident 300,00028-40
For property damage in any one accident 10,00029-1
(b) Contain a clause which states substantially that the insurance29-2
carrier may only cancel the policy upon 30 days’ written notice to the29-3
certificate holder and administrator; and29-4
(c) Contain such other provisions concerning notice as may be required29-5
by law to be given to the certificate holder.29-6
3. If an insurance policy is canceled, the certificate holder shall not29-7
operate or cause to be operated any taxicab that was covered by the policy29-8
until other insurance is furnished.29-9
4. A certificate holder to whom the29-10
vehicles branch of the department of motor vehicles and public safety has29-11
issued a certificate of self-insurance may self-insure the first $50,000,29-12
combined single-limit, per accident, of the coverage required by subsection29-13
2.29-14
Sec. 52. Section 25 of Assembly Bill No. 626 of this session is hereby29-15
amended to read as follows:29-16
Sec. 25. NRS 289.270 is hereby amended to read as follows:29-17
289.270 1. The following persons have the powers of a peace29-18
officer:29-19
(a) The director of the department of motor vehicles and public29-20
safety.29-21
(b) The chiefs of the divisions of the department of motor29-22
vehicles and public safety.29-23
(c) The deputy directors of the department of motor vehicles and29-24
public safety employed pursuant to subsection 2 of NRS 481.035.29-25
(d) The investigators and agents of the investigation division of29-26
the department of motor vehicles and public safety and any other29-27
officer or employee of that division whose principal duty is to29-28
enforce one or more laws of this state, and any person promoted29-29
from such a duty to a supervisory position related to such a duty.29-30
(e) The personnel of the capitol police division of the29-31
department of motor vehicles and public safety appointed pursuant29-32
to subsection 2 of NRS 331.140.29-33
2. The personnel of the Nevada highway patrol appointed29-34
pursuant to subsection 2 of NRS 481.150 have the powers of a29-35
peace officer specified in NRS 481.150 and 481.180.29-36
3. Administrators and investigators of the division of29-37
compliance enforcement of the motor vehicles branch of the29-38
department of motor vehicles and public safety have the powers of a29-39
peace officer to enforce any law of the State of Nevada in carrying29-40
out their duties under NRS 481.048.29-41
4. Officers and investigators of the section for the control of29-42
emissions from vehicles of the motor vehicles branch of the29-43
department of motor vehicles and public safety, appointed pursuant30-1
to NRS 481.0481, have the powers of peace officers in carrying out30-2
their duties under that section.30-3
5. Members of the state disaster identification team of the30-4
division of emergency management of the department of motor30-5
vehicles and public safety who are, pursuant to NRS 414.270,30-6
activated by the chief of the division during a state of emergency or30-7
declaration of disaster proclaimed pursuant to NRS 414.070 to30-8
perform the duties of the state disaster identification team, have the30-9
powers of peace officers in carrying out those duties.30-10
Sec. 53. NRS 485.033 is hereby repealed.30-11
Sec. 54. The Governor shall review the organization of the department30-12
of motor vehicles and public safety as reorganized pursuant to the30-13
amendatory provisions of this act, determine whether the organization of30-14
the department requires any additional changes and notify the interim30-15
finance committee before January 1, 2000, of his determination.30-16
Notwithstanding any provision of Title 43 of NRS to the contrary, any30-17
changes in the organization of the department of motor vehicles and public30-18
safety included in the Governor’s determination may be made upon30-19
approval of the interim finance committee. A plan describing any such30-20
changes must be approved by the Governor before it is submitted to the30-21
interim finance committee for approval.30-22
Sec. 55. Notwithstanding the provisions of chapter 284 of NRS and30-23
any administrative regulations and personnel policies to the contrary:30-24
1. Other than terminations and resignations, all personnel actions,30-25
including, without limitation, appointments, transfers, promotions and the30-26
filling of vacancies, that are carried out to implement, or are in any way30-27
related to, the reorganization of the department of motor vehicles and30-28
public safety pursuant to the amendatory provisions of this act shall be30-29
deemed temporary actions until January 1, 2000.30-30
2. A state officer or employee who through an appointment, transfer,30-31
promotion or other personnel action that is made temporary by subsection 130-32
does not lose any rights or privileges of state employment except any right30-33
to the specific temporary position.30-34
Sec. 56. 1. The administrative regulations adopted by any officer,30-35
bureau or division whose name is changed or whose authority to adopt30-36
those regulations is transferred pursuant to the provisions of this act,30-37
become the regulations of the officer, section, division, branch or30-38
department to whom that authority is transferred.30-39
2. The contracts or other agreements entered into by any officer,30-40
bureau or division whose name is changed or whose authority to enter into30-41
those contracts or other agreements is transferred pursuant to the provisions30-42
of this act, are binding upon and may be enforced by the officer, division,30-43
branch or department to whom the authority is transferred.31-1
3. Any action taken by an officer, bureau or division whose name is31-2
changed or whose authority to take that action is transferred pursuant to the31-3
provisions of this act, remains in effect as if taken by the officer, section,31-4
division, branch or department to whom, that authority is transferred.31-5
Sec. 57. This act becomes effective upon passage and approval for the31-6
purpose of authorizing any preliminary activities necessary to ensure that31-7
the provisions of this act are carried out in an orderly fashion and, for all31-8
other purposes:31-9
1. This section and sections 1, 2, 3, 5 to 56, inclusive, and 58 of this31-10
act become effective on July 1, 1999; and31-11
2. Section 4 of this act becomes effective at 12:01 a.m. on July 1,31-12
1999.31-13
Sec. 58. The legislative counsel shall:31-14
1. In preparing the reprint and supplements to the Nevada Revised31-15
Statutes, appropriately change any reference to an officer, bureau, division31-16
or other entity whose name is changed or whose responsibilities are31-17
transferred pursuant to the provisions of this act to refer to the appropriate31-18
officer, division, branch, department or other entity.31-19
2. In preparing supplements to the Nevada Administrative Code,31-20
appropriately change any reference to an officer, bureau, division or other31-21
entity whose name is changed or whose responsibilities are transferred31-22
pursuant to the provisions of this act to refer to the appropriate officer,31-23
division, branch, department or other entity.
31-24
TEXT OF REPEALED SECTION485.033 "Division" defined. "Division" means the drivers’ license
31-26
division of the department or any other division to which the director has31-27
assigned responsibility for administration of this chapter.~