(REPRINTED WITH ADOPTED AMENDMENTS)

 

Assembly Bill No. 246–Assemblymen McClain, Koivisto, Manendo, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Brown, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Lee, Leslie, Marvel, Mortenson, Neighbors, Nolan, Oceguera, Parks, Parnell, Perkins, Price, Smith, Tiffany and Williams

 

February 27, 2001

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Joint Sponsors: Senators Carlton, Amodei, Care, O’Donnell, Schneider, Shaffer, Titus and Wiener

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Referred to Committee on Transportation

 

SUMMARY—Revises provisions regarding registration of motor vehicles. (BDR 43‑213)

 

FISCAL NOTE:  Effect on Local Government: No.

                             Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to motor vehicles; revising the provisions governing the registration of motor vehicles by new residents of this state; removing the provision which directs the issuance of certain pro rata refunds for registrations canceled under certain circumstances; 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. NRS 482.385 is hereby amended to read as follows:

1-2    482.385  1.  Except as otherwise provided in subsection 4 and NRS

1-3  482.390, a nonresident owner of a vehicle of a type subject to registration

1-4  pursuant to the provisions of this chapter, owning any vehicle which has

1-5  been registered for the current year in the state, country or other place of

1-6  which the owner is a resident and which at all times when operated in this

1-7  state has displayed upon it the registration license plate issued for the

1-8  vehicle in the place of residence of the owner, may operate or permit the

1-9  operation of the vehicle within this state without its registration in this state

2-1  pursuant to the provisions of this chapter and without the payment of any

2-2  registration fees to this state.

2-3    2.  This section does not:

2-4    (a) Prohibit the use of manufacturers’, distributors’ or dealers’ license

2-5  plates issued by any state or country by any nonresident in the operation of

2-6  any vehicle on the public highways of this state.

2-7    (b) Require registration of vehicles of a type subject to registration

2-8  pursuant to the provisions of this chapter operated by nonresident common

2-9  motor carriers of persons or property, contract motor carriers of persons or

2-10  property, or private motor carriers of property as stated in NRS 482.390.

2-11    (c) Require registration of a vehicle operated by a border state

2-12  employee.

2-13    3.  When a person, formerly a nonresident, becomes a resident of this

2-14  state [,] as defined in this chapter and chapter 483 of NRS he shall [:

2-15    (a) Within] , within 30 days after becoming a resident , [; or

2-16    (b) At the time he obtains his driver’s license, whichever occurs earlier,]

2-17  apply for the registration of [any vehicle which he owns and] each vehicle

2-18  he owns which is operated in this state. The director shall adopt

2-19  regulations for the enforcement of this subsection, including, without

2-20  limitation, regulations to carry out the procedures set forth in subsection

2-21  2 of NRS 483.245.

2-22    4.  Any resident operating [a motor vehicle] upon a highway of this

2-23  state a motor vehicle which is owned by a nonresident and which is

2-24  furnished to the resident operator for his continuous use within this state,

2-25  shall cause that vehicle to be registered within 30 days after beginning its

2-26  operation within this state.

2-27    5.  A person registering a vehicle pursuant to the provisions of

2-28  subsection 3, 4 or 6 of this section or pursuant to NRS 482.390 must be

2-29  assessed the registration fees and governmental servicestax, as required by

2-30  the provisions of this chapter and chapter 371 of NRS. He must not be

2-31  allowed credit on those taxes and fees for the unused months of his

2-32  previous registration.

2-33    6.  If a vehicle is used in this state for a gainful purpose, the owner

2-34  shall immediately apply to the department for registration, except as

2-35  otherwise provided in NRS 482.390, 482.395 and 706.801 to 706.861,

2-36  inclusive.

2-37    7.  An owner registering a vehicle pursuant to the provisions of this

2-38  section shall surrender the existing nonresident license plates and

2-39  registration certificates to the department for cancellation.

2-40    8.  A vehicle may be cited for a violation of this section regardless of

2-41  whether it is in operation or is parked on a highway, in a public parking lot

2-42  or on private property which is open to the public if, after communicating

2-43  with the owner or operator of the vehicle, the peace officer issuing the

2-44  citation determines that:

2-45    (a) The owner of the vehicle is a resident of this state; or

2-46    (b) The vehicle is used in this state for a gainful purpose.

 

 

 

3-1    Sec. 2.  NRS 482.399 is hereby amended to read as follows:

3-2    482.399  1.  Upon the transfer of the ownership of or interest in any

3-3  vehicle by any holder of a valid registration, or upon destruction of the

3-4  vehicle, the registration expires.

3-5    2.  The holder of the original registration may transfer the registration

3-6  to another vehicle to be registered by him and use the same license plate or

3-7  plates thereon, if the license plate or plates are appropriate for the second

3-8  vehicle, upon filing an application for transfer of registration and upon

3-9  paying the transfer registration fee and the excess, if any, of the registration

3-10  fee and governmental services tax on the vehicle to which the registration

3-11  is transferred over the total registration fee and governmental services tax

3-12  paid on all vehicles from which he is transferring his ownership or interest.

3-13  Application for transfer of registration must be made in person, if

3-14  practicable, to any office or agent of the department or to a registered

3-15  dealer, and the license plate or plates may not be used upon a second

3-16  vehicle until registration of that vehicle is complete. In computing the

3-17  governmental services tax, the department, its agent or the registered dealer

3-18  shall credit the portion of the tax paid on the first vehicle attributable to the

3-19  remainder of the current registration period or calendar year on a pro rata

3-20  monthly basis against the tax due on the second vehicle or on any other

3-21  vehicle of which the person is the registered owner. If any person transfers

3-22  his ownership or interest in two or more vehicles, the department or the

3-23  registered dealer shall credit the portion of the tax paid on all of the

3-24  vehicles attributable to the remainder of the current registration period or

3-25  calendar year on a pro rata monthly basis against the tax due on the vehicle

3-26  to which the registration is transferred or on any other vehicle of which the

3-27  person is the registered owner. The certificates of registration and unused

3-28  license plates of the vehicles from which a person transfers his ownership

3-29  or interest must be submitted before credit is given against the tax due on

3-30  the vehicle to which the registration is transferred or on any other vehicle

3-31  of which the person is the registered owner.

3-32    3.  In computing the registration fee, the department or its agent or the

3-33  registered dealer shall credit the portion of the registration fee paid on each

3-34  vehicle attributable to the remainder of the current calendar year or

3-35  registration period on a pro rata basis against the registration fee due on the

3-36  vehicle to which registration is transferred. If the amount owed on the

3-37  registration fee or governmental services tax on that vehicle is less than the

3-38  credit on the total registration fee or governmental services tax paid on all

3-39  vehicles from which a person transfers his ownership or interest, [the

3-40  department shall issue to the person a refund in an amount equal to the

3-41  difference between the amount owed on the registration fee or

3-42  governmental services tax on that vehicle and the credit on the total

3-43  registration fee or governmental services tax paid on all vehicles from

3-44  which a person transfers his ownership or interest.] no refund may be

3-45  allowed.

3-46    4.  If the license plate or plates are not appropriate for the second

3-47  vehicle, the plate or plates must be surrendered to the department or

3-48  registered dealer and an appropriate plate or plates must be issued by the

4-1  department. The department shall not reissue the surrendered plate or

4-2  plates until the next succeeding licensing period.

4-3    5.  If application for transfer of registration is not made within 60 days

4-4  after the destruction or transfer of ownership of or interest in any vehicle,

4-5  the license plate or plates must be surrendered to the department on or

4-6  before the 60th day for cancellation of the registration.

4-7    [6.  If a person cancels his registration and surrenders to the department

4-8  his license plates for a vehicle, the department shall issue to the person a

4-9  refund of the portion of the registration fee and governmental services tax

4-10  paid on the vehicle attributable to the remainder of the current calendar

4-11  year or registration period on a pro rata basis.]

4-12    Sec. 3.  NRS 483.245 is hereby amended to read as follows:

4-13    483.245  1.  When a person , formerly a nonresident, becomes a

4-14  resident of [Nevada] this state as defined in this chapter and chapter 482 of

4-15  NRS he [must,] shall, within 30 days, after becoming a resident, obtain a

4-16  Nevada driver’s license as a prerequisite to driving any motor vehicle in

4-17  the State of Nevada.

4-18    2.  With respect to a person described in subsection 1:

4-19    (a) If the person has not yet complied with the provisions of

4-20  subsection 3 of NRS 482.385 at the time the department issues a Nevada

4-21  driver’s license to him, the department shall inform the person:

4-22      (1) Of the requirements of subsection 3 of NRS 482.385; and

4-23      (2) That he may at that time also apply for the registration of each

4-24  vehicle he owns which is operated in this state; and

4-25    (b) If the person has not yet complied with the provisions of

4-26  subsection 3 of NRS 482.385 on the date that is 30 days after the date on

4-27  which the department issued a Nevada driver’s license to him, the

4-28  department shall:

4-29      (1) Send written notice to the person informing him that he is in

4-30  violation of the provisions of subsection 3 of NRS 482.385; and

4-31      (2) Notify the appropriate law enforcement agency that the person

4-32  is in violation of the provisions of subsection 3 of NRS 482.385.

4-33    3.  Where a person who applies for a license has a valid driver’s license

4-34  from a state which has requirements for issuance of drivers’ licenses

4-35  comparable to those of the State of Nevada, the department may issue a

4-36  Nevada license under the same terms and conditions applicable to a

4-37  renewal of a license in this state.

4-38    [3.] 4.  In carrying out the provisions of this chapter, the director is

4-39  authorized to enter into reciprocal agreements with appropriate officials of

4-40  other states concerning the licensing of drivers of motor vehicles.

4-41    Sec. 4.  1.  This section and section 2 of this act become effective

4-42  upon passage and approval.

4-43    2.  Sections 1 and 3 of this act become effective on October 1, 2001.

 

4-44  H