Assembly Bill No. 474–Assemblymen Nolan, Gibbons, McClain, Beers, Manendo, Berman, Brown, Cegavske, Claborn, Collins, Giunchigliani, Hettrick, Koivisto, Mortenson, Parks, Smith and Tiffany

 

March 19, 2001

____________

 

Referred to Committee on Transportation

 

SUMMARY—Revises provisions concerning enforcement of registration of motor vehicle by new resident of this state. (BDR 43‑1201)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: Contains Appropriation not included in Executive Budget.

 

~

 

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

 

AN ACT relating to motor vehicles; requiring the director of the department of motor vehicles and public safety to establish a toll-free telephone number for the reporting of certain violations relating to the registration of a vehicle; authorizing the Nevada highway patrol to appoint volunteers to issue certain citations relating to the registration of a vehicle; providing an administrative penalty for failing to register a vehicle within a certain time; making an appropriation; 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

1-2  the provisions set forth as sections 2 and 3 of this act.

1-3    Sec. 2.  The director shall establish and maintain a toll-free

1-4  telephone number for persons to report to the department information

1-5  concerning alleged violations of subsection 3 of NRS 482.385.

1-6    Sec. 3.  1.  The Nevada highway patrol may appoint volunteers to

1-7  issue citations, prepared manually or electronically, for a violation of the

1-8  provisions of subsection 3 of NRS 482.385.

1-9    2.  If the Nevada highway patrol appoints volunteers as authorized

1-10  pursuant to subsection 1, the Nevada highway patrol shall:

1-11    (a) Establish minimum qualifications for the volunteers;

1-12    (b) Provide training to the volunteers before authorizing them to issue

1-13  citations; and

1-14    (c) Provide the volunteers with appropriate equipment, including,

1-15  without limitation, uniforms or other identifying attire and traffic

2-1  citations issued in books or electronic devices that may be used to issue

2-2  citations.

2-3    3.  A citation issued by a volunteer appointed pursuant to subsection

2-4  1 has the same force and effect as a citation issued by a peace officer.

2-5  The volunteer shall file the original or a copy of the citation in the

2-6  manner prescribed in NRS 484.813.

2-7    4.  For the purposes of this section, a person who volunteers to the

2-8  Nevada highway patrol to issue citations pursuant to subsection 1 shall

2-9  be deemed an employee of the Nevada highway patrol for the purposes of

2-10  NRS 616A.160 if he has successfully completed the training course for

2-11  the issuance of such citations provided by the Nevada highway patrol.

2-12    5.  The Nevada highway patrol is not liable for the negligent acts or

2-13  omissions of a person who volunteers to issue citations pursuant to

2-14  subsection 1 unless:

2-15    (a) The volunteer made a specific promise or representation to a

2-16  natural person who relied upon the promise or representation to his

2-17  detriment; or

2-18    (b) The conduct of the volunteer affirmatively caused the harm.

2-19    6.  The provisions of this section are not intended to abrogate the

2-20  principle of common law that the duty of governmental entities to provide

2-21  services is a duty owed to the public, not to individual persons.

2-22    7.  An owner of private property, or the owner or operator of a

2-23  business establishment located on such property, is not liable for any acts

2-24  or omissions resulting from the issuance of a citation by a volunteer

2-25  pursuant to this section.

2-26    Sec. 4.  NRS 482.385 is hereby amended to read as follows:

2-27    482.385  1.  Except as otherwise provided in subsection 4 and NRS

2-28  482.390, a nonresident owner of a vehicle of a type subject to registration

2-29  pursuant to the provisions of this chapter, owning any vehicle which has

2-30  been registered for the current year in the state, country or other place of

2-31  which the owner is a resident and which at all times when operated in this

2-32  state has displayed upon it the registration license plate issued for the

2-33  vehicle in the place of residence of the owner, may operate or permit the

2-34  operation of the vehicle within this state without its registration in this state

2-35  pursuant to the provisions of this chapter and without the payment of any

2-36  registration fees to this state.

2-37    2.  This section does not:

2-38    (a) Prohibit the use of manufacturers’, distributors’ or dealers’ license

2-39  plates issued by any state or country by any nonresident in the operation of

2-40  any vehicle on the public highways of this state.

2-41    (b) Require registration of vehicles of a type subject to registration

2-42  pursuant to the provisions of this chapter operated by nonresident common

2-43  motor carriers of persons or property, contract motor carriers of persons or

2-44  property, or private motor carriers of property as stated in NRS 482.390.

2-45    (c) Require registration of a vehicle operated by a border state

2-46  employee.

2-47    3.  When a person, formerly a nonresident, becomes a resident of this

2-48  state, he shall:

2-49    (a) Within 30 days after becoming a resident; or

3-1    (b) At the time he obtains his driver’s license,

3-2  whichever occurs earlier, apply for the registration of any vehicle which he

3-3  owns and which is operated in this state. If a person fails to register a

3-4  vehicle within 10 days after the last day allowed for timely registration

3-5  pursuant to this subsection, the person must pay the penalty set forth in

3-6  subsection 4 of NRS 482.515.

3-7    4.  Any resident operating a motor vehicle upon a highway of this state

3-8  which is owned by a nonresident and which is furnished to the resident

3-9  operator for his continuous use within this state, shall cause that vehicle to

3-10  be registered within 30 days after beginning its operation within this state.

3-11    5.  A person registering a vehicle pursuant to the provisions of

3-12  subsection 3, 4 or 6 [of this section] or pursuant to NRS 482.390 must be

3-13  assessed the registration fees and privilege tax, as required by the

3-14  provisions of this chapter and chapter 371 of NRS. He must not be allowed

3-15  credit on those taxes and fees for the unused months of his previous

3-16  registration.

3-17    6.  If a vehicle is used in this state for a gainful purpose, the owner

3-18  shall immediately apply to the department for registration, except as

3-19  otherwise provided in NRS 482.390, 482.395 and 706.801 to 706.861,

3-20  inclusive.

3-21    7.  An owner registering a vehicle pursuant to the provisions of this

3-22  section shall surrender the existing nonresident license plates and

3-23  registration certificates to the department for cancellation.

3-24    8.  A vehicle may be cited for a violation of this section regardless of

3-25  whether it is in operation or is parked on a highway, in a public parking lot

3-26  or on private property which is open to the public if, after communicating

3-27  with the owner or operator of the vehicle, the peace officer [issuing] or

3-28  volunteer appointed pursuant to section 3 of this act who issues the

3-29  citation determines that:

3-30    (a) The owner of the vehicle is a resident of this state; or

3-31    (b) The vehicle is used in this state for a gainful purpose.

3-32    Sec. 5.  NRS 482.515 is hereby amended to read as follows:

3-33    482.515  1.  Whenever a person operates any vehicle upon the public

3-34  highways of this state without having paid therefor the registration or

3-35  transfer fee required by this chapter, the required fee shall be deemed

3-36  delinquent.

3-37    2.  If the fee for registration is not paid by the end of the last working

3-38  day of the preceding period of registration, a penalty of $6 must be added

3-39  for each period of 30 calendar days or fraction thereof during which the

3-40  delinquency continues, unless the vehicle has not been operated on the

3-41  highways since the expiration of the prior registration. Evidence of

3-42  nonoperation of a vehicle must be furnished by an affidavit executed by a

3-43  person having knowledge of the fact. The affidavit must accompany the

3-44  application for renewal of registration.

3-45    3.  If the transferee of a vehicle[,] who is required to be registered

3-46  under the provisions of NRS 482.205[,] has not registered the vehicle

3-47  within 10 days after the transfer, a penalty of $6 must be added to the fee

3-48  for registration. The provisions of this section do not apply to vehicles

3-49  which come within the provisions of NRS 706.801 to 706.861, inclusive.

4-1    4.  In addition to any other penalty, if a person fails to register a

4-2  vehicle within 10 days after the last day allowed for timely registration

4-3  pursuant to subsection 3 of NRS 482.385, the department shall impose a

4-4  penalty of $125. For each day thereafter during which the vehicle

4-5  remains unregistered, the penalty must be increased by $25, up to a

4-6  maximum of $1,000.

4-7    5.  In addition to the penalties prescribed in subsections 2 [and 3,] , 3

4-8  and 4, the department and its agents shall collect the fees for license plates

4-9  and registration for each period of 30 calendar days, or portion thereof in

4-10  excess of 15 days, during which the delinquency has continued or for

4-11  which the vehicle has not been registered pursuant to NRS 482.205.

4-12    Sec. 6.  NRS 482.545 is hereby amended to read as follows:

4-13    482.545  It is unlawful for any person to commit any of the following

4-14  acts:

4-15    1.  To operate, or for the owner thereof knowingly to permit the

4-16  operation of, upon a highway any motor vehicle, trailer or semitrailer

4-17  which is not registered or which does not have attached thereto and

4-18  displayed thereon the number of plate or plates assigned thereto by the

4-19  department for the current period of registration or calendar year, subject to

4-20  the exemption allowed in NRS 482.316 to 482.3175, inclusive, 482.320 to

4-21  482.363, inclusive, 482.385 to 482.3965, inclusive, and sections 2 and 3 of

4-22  this act and 482.420.

4-23    2.  To display, cause or permit to be displayed or to have in possession

4-24  any certificate of registration, license plate, certificate of ownership or

4-25  other document of title knowing it to be fictitious or to have been canceled,

4-26  revoked, suspended or altered.

4-27    3.  To lend to or knowingly permit the use of by one not entitled thereto

4-28  any registration card or plate issued to the person so lending or permitting

4-29  the use thereof.

4-30    4.  To fail or to refuse to surrender to the department, upon demand,

4-31  any registration card or plate which has been suspended, canceled or

4-32  revoked as provided in this chapter.

4-33    5.  To use a false or fictitious name or address in any application for the

4-34  registration of any vehicle or for any renewal or duplicate thereof, or

4-35  knowingly to make a false statement or knowingly to conceal a material

4-36  fact or otherwise commit a fraud in an application. A violation of this

4-37  subsection is a gross misdemeanor.

4-38    6.  Knowingly to operate a vehicle which:

4-39    (a) Has an altered identification number or mark; or

4-40    (b) Contains a part which has an altered identification number or mark.

4-41    Sec. 7.  NRS 484.811 is hereby amended to read as follows:

4-42    484.811  1.  Every traffic enforcement agency in this state shall

4-43  provide in appropriate form traffic citations containing notices to appear

4-44  which must meet the requirements of this chapter and be:

4-45    (a) Issued in books; or

4-46    (b) Available through an electronic device used to prepare citations.

4-47    2.  The chief administrative officer of each traffic enforcement agency

4-48  is responsible for the issuance of such books and electronic devices and

4-49  shall maintain a record of each book, each electronic device and each

5-1  citation contained therein issued to individual members of the traffic

5-2  enforcement agency and volunteers of the traffic enforcement agency

5-3  appointed pursuant to NRS 484.4085[.] or section 3 of this act. The chief

5-4  administrative officer shall require and retain a receipt for every book and

5-5  electronic device that is issued.

5-6    Sec. 8.  NRS 484.813 is hereby amended to read as follows:

5-7    484.813  1.  Every peace officer upon issuing a traffic citation to an

5-8  alleged violator of any provision of the motor vehicle laws of this state or

5-9  of any traffic ordinance of any city or town shall file manually or, if the

5-10  provisions of subsection 2 are satisfied, file electronically the original or a

5-11  copy of the traffic citation with a court having jurisdiction over the alleged

5-12  offense or with its traffic violations bureau.

5-13    2.  A copy of a traffic citation that is prepared electronically and issued

5-14  to an alleged violator of any provision of the motor vehicle laws of this

5-15  state or of any traffic ordinance of any city or town may be filed

5-16  electronically with a court having jurisdiction over the alleged offense or

5-17  with its traffic violations bureau if the court or traffic violations bureau,

5-18  respectively:

5-19    (a) Authorizes such electronic filing;

5-20    (b) Has the ability to receive and store the citation electronically; and

5-21    (c) Has the ability to physically reproduce the citation upon request.

5-22    3.  Upon the filing of the original or a copy of the traffic citation with a

5-23  court having jurisdiction over the alleged offense or with its traffic

5-24  violations bureau, the traffic citation may be disposed of only by trial in

5-25  that court or other official action by a judge of that court, including

5-26  forfeiture of the bail, or by the deposit of sufficient bail with, or payment of

5-27  a fine to, the traffic violations bureau by the person to whom the traffic

5-28  citation has been issued by the peace officer.

5-29    4.  It is unlawful and official misconduct for any peace officer or other

5-30  officer or public employee to dispose of a traffic citation or copies of it or

5-31  of the record of the issuance of a traffic citation in a manner other than as

5-32  required in this section.

5-33    5.  The chief administrative officer of every traffic enforcement agency

5-34  shall require the return to him of a physical copy or electronic record of

5-35  every traffic citation issued by an officer under his supervision to an

5-36  alleged violator of any traffic law or ordinance and of all physical copies or

5-37  electronic records of every traffic citation which has been spoiled or upon

5-38  which any entry has been made and not issued to an alleged violator.

5-39    6.  The chief administrative officer shall also maintain or cause to be

5-40  maintained a record of every traffic citation issued by officers under his

5-41  supervision. The record must be retained for at least 2 years after issuance

5-42  of the citation.

5-43    7.  As used in this section, “officer” includes a volunteer appointed to a

5-44  traffic enforcement agency pursuant to NRS 484.4085[.] or section 3 of

5-45  this act.

5-46    Sec. 9.  NRS 616A.160 is hereby amended to read as follows:

5-47    616A.160  Volunteer officers attached to the Nevada highway patrol,

5-48  volunteers appointed pursuant to NRS 484.4085 who qualify pursuant to

5-49  subsection 4 of that section, volunteers appointed pursuant to section 3 of

6-1  this act who qualify pursuant to subsection 4 of that section, the

6-2  investigators appointed pursuant to NRS 481.243 , or volunteers of a

6-3  regularly organized and recognized police department, metropolitan police

6-4  department or sheriff’s unit, while engaged in their duties as such in any

6-5  voluntary community service and while acting under the direction of the

6-6  chief of the Nevada highway patrol, chief of the investigation division of

6-7  the department of motor vehicles and public safety , or a sheriff or chief of

6-8  police, or their deputies or assistants, of any county, metropolitan police

6-9  department, city or town in the protection of life or property shall be

6-10  deemed, for the purpose of chapters 616A to 616D, inclusive, of NRS,

6-11  employees of the Nevada highway patrol, investigation division or the city,

6-12  town, metropolitan police department or county so recognizing them, at the

6-13  wage of $900 per month, and are entitled to the benefits of those chapters

6-14  upon compliance therewith by the Nevada highway patrol, investigation

6-15  division or the county, metropolitan police department, city or town.

6-16    Sec. 10.  1.  There is hereby appropriated from the state highway fund

6-17  to the department of motor vehicles and public safety the sum of $150,000

6-18  for the purchase of computer hardware and software to carry out the

6-19  program of enforcement set forth in the amendatory provisions of sections

6-20  2 to 5, inclusive, of this act and for costs related to a multimedia

6-21  advertising campaign to inform the public about that program of

6-22  enforcement.

6-23    2. Any remaining balance of the appropriation made by subsection 1

6-24  must not be committed for expenditure after June 30, 2003, and reverts to

6-25  the state highway fund as soon as all payments of money committed have

6-26  been made.

6-27    Sec. 11.  This act becomes effective on July 1, 2001.

 

6-28  H