Amendment No. 476

Assembly Amendment to Assembly Bill No. 542 (BDR 43-1583)

Proposed by: Committee on Judiciary

Amendment Box: Resolves conflict with A.B. No. 23. Makes substantive changes.

Resolves Conflicts with: AB23

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend sec. 2, page 1, line 5, by deleting:

"subsection 3 or 4 of".

Amend sec. 2, page 1, line 6, by deleting "1 year" and inserting "30 days".

Amend sec. 2, page 2, between lines 4 and 5, by inserting:

"5. The suspension of the registration of a motor vehicle pursuant to this section does not prevent the owner of the motor vehicle from selling or otherwise transferring an interest in the motor vehicle.".

Amend sec. 4, page 3, line 42, by deleting "$65." and inserting "$33.".

Amend sec. 5, page 5, lines 6 and 7, by deleting:

"or section 7 of this act".

Amend sec. 6, page 6, by deleting lines 5 and 6 and inserting:

"[which he owns or operates] pursuant to NRS 484.3943:".

Amend sec. 6, page 6, by deleting lines 8 through 10 and inserting:

"the order was issued; and".

Amend sec. 6, page 6, line 16, after "third" by inserting "or subsequent".

Amend sec. 6, page 6, by deleting line 26 and inserting:

"to NRS 484.3943, the department shall not issue".

Amend sec. 7, pages 7 and 8, by deleting lines 21 through 43 on page 7 and lines 1 through 11 on page 8, and inserting:

"1. If a person is convicted of a second or subsequent violation of NRS 484.379 or 484.3795 within 7 years, the court shall issue an order directing the department to suspend the registration of each motor vehicle that is registered to or owned by the person for 30 days.".

Amend sec. 7, page 8, line 12, by deleting "5." and inserting "2.".

Amend sec. 7, page 8, line 13, by deleting:

"3 or 4," and inserting "1,".

Amend sec. 7, page 8, line 19, by deleting "6." and inserting "3.".

Amend sec. 7, page 8, by deleting lines 20 through 25 and inserting:

"subsection 1 on an individual basis to avoid undue hardship to a person other than the person to whom that provision applies. In determining whether to provide for such an exception, the court shall consider:

(a) Whether a member of the immediate family of the person whose registration is suspended needs to use the motor vehicle:

(1) To travel to or from work or in the course and scope of his employment;

(2) To obtain medicine, food or other necessities or to obtain health care services for himself or another member of his immediate family; or

(3) To transport himself or another member of his immediate family to or from school; and

(b) The availability of alternative means of transportation for a member of the immediate family of the person whose registration is suspended.".

Amend sec. 8, page 8, line 41, by deleting "$200" and inserting "$400".

Amend sec. 8, page 9, line 7, by deleting "$500" and inserting "$750".

Amend sec. 9, pages 10 and 11, by deleting lines 38 through 43 on page 10 and lines 1 through 6 on page 11, and inserting:

"484.3943 1. Except as otherwise provided in subsection 5, a court:

(a) May order a person convicted of a first violation of NRS 484.379, for a period of not less than 3 months nor more than 6 months; and

(b) [Shall order a person convicted of a second violation of NRS 484.379, for a period of not less than 6 months nor more than 12 months; and

(c)] Shall order a person convicted of a third or subsequent violation of NRS 484.379 or a violation of NRS 484.3795, for a period of not less than 12 months nor more than 36 months,

to install at his own expense a device in any motor vehicle which he owns or operates as a condition to obtaining a restricted license pursuant to subsection 3 of NRS 483.490.".

Amend sec. 9, page 11, line 7, by deleting "2.]" and inserting "2.".

Amend sec. 9, page 11, line 11, by deleting "[3.] 2." and inserting "3.".

Amend sec. 9, page 11, by deleting line 12 and inserting:

"subsection 1 or 2:".

Amend sec. 9, page 11, line 23, by deleting "[4.] 3." and inserting "4.".

Amend sec. 9, page 11, by deleting lines 24 through 26 and inserting:

"section shall:

(a) If he was ordered to install a device pursuant to paragraph (a) of subsection 1, have the device inspected by the".

Amend sec. 9, page 11, by deleting lines 29 and 30 and inserting:

"(b) If he was ordered to install a device pursuant to paragraph (b) [or (c)] of subsection 1, have the".

Amend sec. 9, page 11, line 40, by deleting "[5.] 4." and inserting "5.".

Amend the bill as a whole by deleting sec. 10 and renumbering sections 11 through 15 as sections 10 through 14.

Amend sec. 14, page 17, line 2, by deleting "$65." and inserting "$33.".

Amend the bill as a whole by adding a new section designated sec. 15, following sec. 15, to read as follows:

"Sec. 15. 1. This section and sections 1 to 7, inclusive, and 9 to 14, inclusive, of this act become effective on October 1, 1999.

2. Section 8 of this act becomes effective at 12:01 a.m. on October 1, 1999.".