Senate Bill No. 201–Committee on Transportation

(On Behalf of Department of Motor Vehicles
and Public Safety)

February 16, 1999

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Referred to Committee on Transportation

 

SUMMARY—Makes various changes concerning registration of vehicles and distribution of privilege taxes. (BDR 43-652)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to vehicles; revising the provisions governing the distribution of the privilege tax collected on certain vehicles; revising the provisions governing the registration of commercial vehicles and fleets of vehicles; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 482 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 "Commercial vehicle" means a vehicle designed, maintained or used

1-4 primarily for the transportation of property in furtherance of commercial

1-5 enterprise.

1-6 Sec. 2. NRS 482.010 is hereby amended to read as follows:

1-7 482.010 As used in this chapter, unless the context otherwise requires,

1-8 the words and terms defined in NRS 482.011 to 482.137, inclusive, and

1-9 section 1 of this act, have the meanings ascribed to them in those sections.

1-10 Sec. 3. NRS 482.180 is hereby amended to read as follows:

1-11 482.180 1. The motor vehicle fund is hereby created as an agency

1-12 fund. Except as otherwise provided in subsection 4 or by a specific statute,

1-13 all money received or collected by the department must be deposited in the

1-14 state treasury for credit to the motor vehicle fund.

2-1 2. The interest and income on the money in the motor vehicle fund,

2-2 after deducting any applicable charges, must be credited to the state

2-3 highway fund.

2-4 3. Any check accepted by the department in payment of the vehicle

2-5 privilege tax or any other fee required to be collected under this chapter

2-6 must, if it is dishonored upon presentation for payment, be charged back

2-7 against the motor vehicle fund or the county to which the payment was

2-8 credited, in the proper proportion.

2-9 4. All money received or collected by the department for the basic

2-10 vehicle privilege tax must be deposited in the local government tax

2-11 distribution fund, created by NRS 360.660, for credit to the appropriate

2-12 county pursuant to subsection 6.

2-13 5. Money for the administration of the provisions of this chapter must

2-14 be provided by direct legislative appropriation from the state highway fund,

2-15 upon the presentation of budgets in the manner required by law. Out of the

2-16 appropriation the department shall pay every item of expense.

2-17 6. The privilege tax collected on vehicles subject to the provisions of

2-18 chapter 706 of NRS and engaged in interstate [or intercounty] operation

2-19 must be distributed among the counties in the following percentages:

2-20 Carson City 1.07 percent Lincoln 3.12 percent

2-21 Churchill 5.21 percent Lyon 2.90 percent

2-22 Clark 22.54 percent Mineral 2.40 percent

2-23 Douglas 2.52 percent Nye 4.09 percent

2-24 Elko 13.31 percent Pershing 7.00 percent

2-25 Esmeralda 2.52 percent Storey .19 percent

2-26 Eureka 3.10 percent Washoe 12.24 percent

2-27 Humboldt 8.25 percent White Pine 5.66 percent

2-28 Lander 3.88 percent

2-29 The distributions must be allocated among local governments within the

2-30 respective counties pursuant to the provisions of NRS 482.181.

2-31 7. As commission to the department for collecting the privilege tax on

2-32 vehicles subject to the provisions of this chapter and chapter 706 of NRS,

2-33 the department shall deduct and withhold 1 percent of the privilege tax

2-34 collected by a county assessor and 6 percent of the other privilege tax

2-35 collected.

2-36 8. When the requirements of this section and NRS 482.181 have been

2-37 met, and when directed by the department, the state controller shall transfer

2-38 monthly to the state highway fund any balance in the motor vehicle fund.

2-39 9. If a statute requires that any money in the motor vehicle fund be

2-40 transferred to another fund or account, the department shall direct the

2-41 controller to transfer the money in accordance with the statute.

3-1 Sec. 4. NRS 482.206 is hereby amended to read as follows:

3-2 482.206 1. Except as otherwise provided in this section, every motor

3-3 vehicle [, except for a motor vehicle that is registered pursuant to the

3-4 provisions of NRS 706.801 to 706.861, inclusive, or which is a motor

3-5 vehicle with a declared gross weight in excess of 26,000 pounds,] other

3-6 than a commercial vehicle must be registered for a period of 12

3-7 consecutive months beginning the day after the first registration by the

3-8 owner in this state.

3-9 2. Every vehicle registered by an agent of the department or a

3-10 registered dealer must be registered for 12 consecutive months beginning

3-11 the first day of the month after the first registration by the owner in this

3-12 state.

3-13 3. Upon the application of the owner of a fleet of vehicles [,] other

3-14 than a fleet of commercial vehicles, the director may permit him to

3-15 register his fleet on the basis of a calendar year.

3-16 4. When the registration of any vehicle other than a commercial

3-17 vehicle is transferred pursuant to the provisions of NRS 482.3667, 482.379

3-18 or 482.399, the expiration date of each regular license plate, special license

3-19 plate or substitute decal must, at the time of the transfer of registration, be

3-20 advanced for a period of 12 consecutive months beginning:

3-21 (a) The first day of the month after the transfer, if the vehicle is

3-22 transferred by an agent of the department; or

3-23 (b) The day after the transfer in all other cases,

3-24 and a credit on the portion of the fee for registration and privilege tax

3-25 attributable to the remainder of the current period of registration allowed

3-26 pursuant to the applicable provisions of NRS 482.3667, 482.379 and

3-27 482.399.

3-28 5. A commercial vehicle or a fleet of commercial vehicles must be

3-29 registered on the basis of a 12-month registration period that begins on

3-30 the first day of a calendar quarter.

3-31 6. As used in this section, "calendar quarter" means a period of 3

3-32 consecutive months beginning on January 1, April 1, July 1 or October

3-33 1, and ending on March 31, June 30, September 30 or December 31,

3-34 respectively.

3-35 Sec. 5. NRS 482.481 is hereby amended to read as follows:

3-36 482.481 The registration fees for a [motortruck, truck tractor, bus or

3-37 combination of vehicles having a declared gross weight of 10,001 pounds

3-38 or more] commercial vehicle which is registered [on the basis of a calendar

3-39 year] pursuant to subsection 5 of NRS 482.206 must be reduced by one-

3-40 twelfth for each calendar month which has elapsed from the beginning of

3-41 the [year] registration period and rounded to the nearest dollar.

4-1 Sec. 6. NRS 482.482 is hereby amended to read as follows:

4-2 482.482 [1.] In addition to any other applicable fee listed in NRS

4-3 482.480, there must be paid to the department for the registration of every

4-4 motortruck, truck-tractor or bus which has a declared gross weight of:

4-5 [(a)] 1. Less than 6,000 pounds, a fee of $33.

4-6 [(b)] 2. Not less than 6,000 pounds and not more than 8,499 pounds, a

4-7 fee of $38.

4-8 [(c)] 3. Not less than 8,500 pounds and not more than 10,000 pounds,

4-9 a fee of $48.

4-10 [(d)] 4. Not less than 10,001 pounds and not more than 26,000

4-11 pounds, a fee of $12 for each 1,000 pounds or fraction thereof.

4-12 [(e)] 5. Not less than 26,001 pounds and not more than 80,000 pounds,

4-13 a fee of $17 for each 1,000 pounds or fraction thereof. The maximum fee is

4-14 $1,360.

4-15 [2. Except as otherwise provided in subsection 6, the original or

4-16 renewal registration fees for fleets of vehicles with a declared gross weight

4-17 in excess of 26,000 pounds and the tax imposed by the provisions of

4-18 chapter 371 of NRS for the privilege of operating those vehicles may be

4-19 paid in equal installments. Installments are due on or before January 31,

4-20 April 1, July 1 and October 1 of each year. The amount of each installment

4-21 must be determined by taking the total fee and privilege tax due for the

4-22 calendar year and dividing that total by four. The department shall not

4-23 allow installment payments for a vehicle added to a fleet after the original

4-24 or renewal registration is issued.

4-25 3. If the due date of any installment falls on a Saturday, Sunday or

4-26 legal holiday, that installment is not due until the next following business

4-27 day.

4-28 4. Any payment required by subsection 2 shall be deemed received by

4-29 the department on the date shown by the post office cancellation mark

4-30 stamped on an envelope containing payment properly addressed to the

4-31 department, if that date is earlier than the actual receipt of that payment.

4-32 5. A person who fails to pay any fee pursuant to subsection 2 or

4-33 privilege tax when due shall pay to the department a penalty of 10 percent

4-34 of the amount of the unpaid fee, plus interest on the unpaid fee at the rate of

4-35 1 percent per month or fraction of a month from the date the fee and tax

4-36 were due until the date of payment.

4-37 6. If a person fails to pay any fee pursuant to subsection 2 or privilege

4-38 tax when due, the department may, in addition to the penalty provided for

4-39 in subsection 5, require that person to pay:

4-40 (a) The entire amount of the unpaid registration fee and privilege tax

4-41 owed by that person for the remainder of the calendar year; and

5-1 (b) On an annual basis, any registration fee and privilege tax set forth in

5-2 subsection 2 which may be incurred by that person in any subsequent

5-3 calendar year.]

5-4 Sec. 7. NRS 485.313 is hereby amended to read as follows:

5-5 485.313 1. The department shall create a system for verifying that the

5-6 owners of motor vehicles maintain the insurance required by NRS 485.185.

5-7 2. As used in this section, "motor vehicle" does not include:

5-8 (a) A golf cart, as that term is defined in NRS 482.044.

5-9 (b) A motortruck, truck tractor, bus or other vehicle that is registered

5-10 pursuant to [paragraph (e) of subsection 1] subsection 5 of NRS 482.482 or

5-11 NRS 706.801 to 706.861, inclusive.

5-12 Sec. 8. NRS 371.110 is hereby amended to read as follows:

5-13 371.110 [Except as otherwise provided in NRS 482.482, the] The

5-14 privilege tax is due on the first day of the registration year for the vehicle

5-15 concerned and must be paid at the same time as, and in conjunction with,

5-16 registration or renewal of registration of the vehicle.

5-17 Sec. 9. NRS 371.140 is hereby amended to read as follows:

5-18 371.140 1. Except as otherwise provided in subsection 3 , [and NRS

5-19 482.482,] if the privilege tax for a vehicle for the next period of registration

5-20 is not paid before the expiration of the current period of registration for that

5-21 vehicle, a penalty equal to 10 percent of the tax due, but not less than $6,

5-22 plus the amount of the delinquent tax, must be added to the privilege tax

5-23 due for the next period of registration, unless the vehicle has not been

5-24 operated on the highways since the expiration of the prior registration. The

5-25 department may retain any penalty so collected.

5-26 2. Evidence of nonoperation of a vehicle must be made by an affidavit

5-27 executed by a person having knowledge of the fact. The affidavit must

5-28 accompany the application for renewal of registration.

5-29 3. The provisions of this section do not apply to vehicles registered

5-30 pursuant to NRS 706.841.

5-31 Sec. 10. NRS 706.851 is hereby amended to read as follows:

5-32 706.851 If any vehicle in a fleet is first registered after the final date

5-33 for the annual payment of fees for that fleet under the laws of this state as

5-34 they exist without NRS 706.801 to 706.861, inclusive, the owner of such

5-35 [vehicles] a vehicle shall pay fees in the amount provided by law for the

5-36 then registration of the vehicle, in the manner provided in NRS 706.841,

5-37 and [such vehicle shall] the vehicle must, after registration , be treated for

5-38 all purposes as otherwise provided for vehicles of a fleet.

5-39 Sec. 11. 1. Not later than January 31, 2000, the department of motor

5-40 vehicles and public safety shall send to the owner of each commercial

5-41 vehicle and fleet of commercial vehicles registered in this state a

5-42 questionnaire that allows the registered owner to indicate which registration

5-43 period he would prefer for the annual registration of the vehicle or fleet of

6-1 vehicles. If the registered owner has two or more vehicles or fleets of

6-2 vehicles, he may indicate different registration periods for each of the

6-3 vehicles or fleets of vehicles. The registered owner shall return the

6-4 questionnaire to the department not later than July 1, 2000.

6-5 2. On or after July 1, 2000, the department shall determine into which

6-6 registration period for annual registration each vehicle or fleet of vehicles

6-7 will be placed. The department shall make all reasonable efforts to place a

6-8 vehicle or fleet of vehicles into the registration period indicated by the

6-9 owner of the vehicle or fleet of vehicles on his questionnaire submitted

6-10 pursuant to subsection 1, but the department is not required to place a

6-11 vehicle or fleet of vehicles into a specific registration period based on the

6-12 expressed preference of the owner of the vehicle or fleet of vehicles.

6-13 3. Notwithstanding the amendatory provisions of section 4 of this act,

6-14 the initial registration period for a commercial vehicle or fleet of

6-15 commercial vehicles pursuant to subsection 5 of NRS 482.206:

6-16 (a) Begins on January 1, 2001; and

6-17 (b) Ends on September 30, 2001, December 31, 2001, March 31, 2002,

6-18 or June 30, 2002, as determined by the department.

6-19 Sec. 12. 1. This section and section 11 of this act become effective

6-20 upon passage and approval.

6-21 2. Sections 1 to 10, inclusive, of this act become effective on January

6-22 1, 2001.

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