requires two-thirds majority vote (§ 2)
S.B. 478
Senate Bill No. 478–Committee on Taxation
March 23, 2001
____________
Referred to Committee on Transportation
SUMMARY—Establishes certain benefits, exemptions and programs related to certain motor vehicles that use clean-burning fuel. (BDR 43‑137)
FISCAL NOTE: Effect on Local Government: Yes.
~
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 motor vehicles; exempting certain motor vehicles that use clean-burning fuel from certain registration fees; increasing certain registration fees for certain motor vehicles that do not use clean-burning fuel; exempting clean-burning fuel from certain taxes on motor vehicle fuel; establishing programs to inspect emissions from certain motor vehicles that use clean-burning fuel; providing a penalty; 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 1. Except as otherwise provided in subsection 2, the fees for
1-4 registration imposed by this chapter do not apply to:
1-5 (a) A passenger car that uses clean-burning fuel in compliance with
1-6 the provisions of sections 8 to 32, inclusive, of this act; or
1-7 (b) Any other type of motor vehicle that uses clean-burning fuel in
1-8 compliance with the provisions of sections 8 to 32, inclusive, of this act, if
1-9 the state environmental commission adopts regulations pursuant to
1-10 sections 8 to 32, inclusive, of this act which exempt that type of motor
1-11 vehicle from the fees for registration imposed by this chapter.
1-12 2. The provisions of this section do not apply to the fees imposed by
1-13 this chapter for the transfer or reinstatement of the registration of a
1-14 motor vehicle.
1-15 Sec. 2. NRS 482.480 is hereby amended to read as follows:
1-16 482.480 There must be paid to the department for the registration or
1-17 the transfer or reinstatement of the registration of motor vehicles, trailers
1-18 and semitrailers, fees according to the following schedule:
1-19 1. Except as otherwise provided in this section, for each stock
1-20 passenger car and each reconstructed or specially constructed passenger car
2-1 registered to a person, regardless of weight or number of passenger
2-2 capacity, a fee for registration of [$33.] $33.50.
2-3 2. Except as otherwise provided in subsection 3:
2-4 (a) For each of the fifth and sixth such cars registered to a person, a fee
2-5 for registration of $16.50.
2-6 (b) For each of the seventh and eighth such cars registered to a person, a
2-7 fee for registration of $12.
2-8 (c) For each of the ninth or more such cars registered to a person, a fee
2-9 for registration of $8.
2-10 3. The fees specified in subsection 2 do not apply:
2-11 (a) Unless the person registering the cars presents to the department at
2-12 the time of registration the registrations of all of the cars registered to him.
2-13 (b) To cars that are part of a fleet.
2-14 4. For every motorcycle, a fee for registration of $33 and for each
2-15 motorcycle other than a trimobile, an additional fee of $6 for motorcycle
2-16 safety. The additional fee must be deposited in the state highway fund for
2-17 credit to the account for the program for the education of motorcycle
2-18 riders.
2-19 5. For each transfer of registration, a fee of $6 in addition to any other
2-20 fees.
2-21 6. To reinstate the registration of a motor vehicle suspended pursuant
2-22 to NRS 485.317:
2-23 (a) A fee of $250 for a registered owner who failed to have insurance on
2-24 the date specified in the form for verification that was mailed by the
2-25 department pursuant to subsection 2 of NRS 485.317; or
2-26 (b) A fee of $50 for a registered owner of a dormant vehicle who
2-27 canceled the insurance coverage for that vehicle or allowed the insurance
2-28 coverage for that vehicle to expire without first canceling the registration
2-29 for the vehicle in accordance with subsection 3 of NRS 485.320,
2-30 both of which must be deposited in the account for verification of
2-31 insurance which is hereby created in the state highway fund. Money in the
2-32 account must be used to carry out the provisions of NRS 485.313 to
2-33 485.318, inclusive.
2-34 7. For every travel trailer, a fee for registration of $27.
2-35 8. For every permit for the operation of a golf cart, an annual fee of
2-36 $10.
2-37 9. For every low-speed vehicle, as that term is defined in NRS
2-38 484.527, a fee for registration of $33.
2-39 10. To reinstate the registration of a motor vehicle that is suspended
2-40 pursuant to NRS 482.451, a fee of $33.
2-41 Sec. 3. Chapter 365 of NRS is hereby amended by adding thereto a
2-42 new section to read as follows:
2-43 The provisions of this chapter requiring the payment of excise taxes do
2-44 not apply to any clean-burning fuel, as defined in section 11 of this act,
2-45 which is sold, distributed or used for motor vehicles that use clean-
2-46 burning fuel in compliance with the provisions of sections 8 to 32,
2-47 inclusive, of this act.
3-1 Sec. 4. NRS 365.240 is hereby amended to read as follows:
3-2 365.240 1. Every dealer shall report such exports and sales to the
3-3 department at such times, on such forms and in such detail as the
3-4 department may require.
3-5 2. Every dealer shall mark clearly upon each invoice rendered for sales
3-6 upon which no excise tax is required under NRS 365.220 and 365.230 and
3-7 section 3 of this act “Ex Nevada Motor Vehicle Fuel Tax” or “Ex Nevada
3-8 Fuel for Jet or Turbine-Powered Aircraft Tax,” whichever is applicable.
3-9 Sec. 5. NRS 365.240 is hereby amended to read as follows:
3-10 365.240 1. Every dealer and supplier shall report such exports and
3-11 sales to the department at such times, on such forms and in such detail as
3-12 the department may require.
3-13 2. Every dealer and supplier shall mark clearly upon each invoice
3-14 rendered for sales upon which no excise tax is required under NRS 365.220
3-15 and 365.230 and section 3 of this act “Ex Nevada Motor Vehicle Fuel
3-16 Tax” or “Ex Nevada Fuel for Jet or Turbine-Powered Aircraft Tax,”
3-17 whichever is applicable.
3-18 Sec. 6. NRS 366.060 is hereby amended to read as follows:
3-19 366.060 1. “Special fuel” means any combustible gas or liquid used
3-20 for the generation of power for the propulsion of motor vehicles, including
3-21 an emulsion of water-phased hydrocarbon fuel.
3-22 2. The term does not include [motor] :
3-23 (a) Motor vehicle fuel as defined in chapter 365 of NRS[.] ; and
3-24 (b) Clean-burning fuel as defined in section 11 of this act.
3-25 Sec. 7. Chapter 445B of NRS is hereby amended by adding thereto
3-26 the provisions set forth as sections 8 to 32, inclusive, of this act.
3-27 Sec. 8. As used in sections 8 to 32, inclusive, of this act, unless the
3-28 context otherwise requires, the words and terms defined in sections 9 to
3-29 18, inclusive, of this act have the meanings ascribed to them in those
3-30 sections.
3-31 Sec. 9. “Approved inspector” means a person licensed by the
3-32 department to inspect, for an authorized inspection station, motor
3-33 vehicles that use clean-burning fuel.
3-34 Sec. 10. “Authorized inspection station” means a station licensed by
3-35 the department to inspect motor vehicles that use clean-burning fuel for
3-36 compliance with the provisions of sections 8 to 32, inclusive, of this act or
3-37 any applicable federal regulation or regulation of the commission.
3-38 Sec. 11. 1. “Clean-burning fuel” means any fuel that:
3-39 (a) Is designed to be used in a motor vehicle;
3-40 (b) Is not substantially gasoline or diesel fuel;
3-41 (c) Is likely to yield substantial environmental benefits; and
3-42 (d) Complies with the standards and requirements adopted by the
3-43 commission.
3-44 2. The term includes, without limitation:
3-45 (a) Methanol, denatured ethanol and other alcohols;
3-46 (b) Mixtures containing not less than 85 percent by volume of
3-47 methanol, denatured ethanol or other alcohols with gasoline or other
3-48 fuels;
3-49 (c) Natural gas;
4-1 (d) Liquefied petroleum gas;
4-2 (e) Hydrogen;
4-3 (f) Coal-derived liquid fuels;
4-4 (g) Fuels, other than alcohol, that are derived from biological
4-5 materials; and
4-6 (h) Electricity, including, without limitation, electricity derived from
4-7 solar energy.
4-8 Sec. 12. “Commission” means the state environmental commission
4-9 of the state department of conservation and natural resources.
4-10 Sec. 13. “Department” means the department of motor vehicles and
4-11 public safety.
4-12 Sec. 14. “Evidence of compliance” means a certificate issued when
4-13 a motor vehicle that uses clean-burning fuel has been inspected and has
4-14 been found to be in compliance with the provisions of sections 8 to 32,
4-15 inclusive, of this act.
4-16 Sec. 15. “Fleet station” means a station licensed by the department
4-17 to inspect fleets of motor vehicles of qualified owners or lessees for
4-18 compliance with the provisions of sections 8 to 32, inclusive, of this act or
4-19 any applicable federal regulation or regulation of the commission.
4-20 Sec. 16. “Motor vehicle” has the meaning ascribed to it in NRS
4-21 482.075.
4-22 Sec. 17. “Motor vehicle that uses clean-burning fuel” means:
4-23 1. A passenger car that uses clean-burning fuel in compliance with
4-24 the provisions of sections 8 to 32, inclusive, of this act; or
4-25 2. Any other type of motor vehicle that uses clean-burning fuel in
4-26 compliance with the provisions of sections 8 to 32, inclusive, of this act, if
4-27 the commission adopts regulations pursuant to sections 8 to 32, inclusive,
4-28 of this act which exempt that type of motor vehicle from the fees for
4-29 registration imposed by chapter 482 of NRS.
4-30 Sec. 18. “Passenger car” has the meaning ascribed to it in NRS
4-31 482.087.
4-32 Sec. 19. The provisions of sections 8 to 32, inclusive, of this act do
4-33 not apply to any motor vehicle that is subject to the provisions of chapter
4-34 486A of NRS.
4-35 Sec. 20. 1. In any county whose population is 100,000 or more, the
4-36 commission shall adopt regulations that prescribe standards for
4-37 acceptable exhaust emissions from motor vehicles that use clean-burning
4-38 fuel, including, without limitation, motor vehicles that have been
4-39 converted to use clean-burning fuel.
4-40 2. In any county whose population is less than 100,000, the
4-41 commission may adopt regulations that prescribe standards for
4-42 acceptable exhaust emissions from motor vehicles that use clean-burning
4-43 fuel, including, without limitation, motor vehicles that have been
4-44 converted to use clean-burning fuel, if the commission determines that a
4-45 program for inspecting such motor vehicles is:
4-46 (a) Feasible and practicable; and
4-47 (b) Necessary to promote the operation of motor vehicles that use
4-48 clean-burning fuel.
5-1 Sec. 21. 1. The commission shall adopt regulations that:
5-2 (a) Prescribe requirements that the department will follow for
5-3 licensing authorized inspection stations and fleet stations that inspect
5-4 motor vehicles that use clean-burning fuel.
5-5 (b) Prescribe the criteria by which a person may become qualified to
5-6 inspect motor vehicles that use clean-burning fuel.
5-7 (c) Prescribe the manner in which authorized inspection stations and
5-8 fleet stations issue evidence of compliance for motor vehicles that use
5-9 clean-burning fuel.
5-10 (d) Prescribe the diagnostic equipment necessary to perform the
5-11 required inspection of motor vehicles that use clean-burning fuel. The
5-12 regulations must ensure that the equipment complies with any applicable
5-13 standards of the United States Environmental Protection Agency.
5-14 (e) Provide for any fee, bond or insurance which is necessary to carry
5-15 out the provisions of sections 8 to 32, inclusive, of this act.
5-16 (f) Provide for distribution to each owner of a motor vehicle that uses
5-17 clean-burning fuel a pamphlet which contains information that explains
5-18 the reasons for and the methods of the inspections.
5-19 (g) Provide for distribution to each authorized inspection station and
5-20 fleet station a copy of the regulations that pertain to the licensing of
5-21 authorized inspection stations and fleet stations.
5-22 2. The commission may adopt regulations that allow approved
5-23 inspectors, authorized inspection stations, authorized stations or fleet
5-24 stations that are licensed pursuant to NRS 445B.700 to 445B.845,
5-25 inclusive, to inspect motor vehicles that use clean-burning fuel for
5-26 compliance with the provisions of sections 8 to 32, inclusive, of this act.
5-27 Sec. 22. An application for the issuance of a license pursuant to
5-28 sections 8 to 32, inclusive, of this act must include the social security
5-29 number of the applicant.
5-30 Sec. 23. 1. An applicant for the issuance or renewal of a license
5-31 pursuant to sections 8 to 32, inclusive, of this act shall submit to the
5-32 department the statement prescribed by the welfare division of the
5-33 department of human resources pursuant to NRS 425.520. The statement
5-34 must be completed and signed by the applicant.
5-35 2. The department shall include the statement required pursuant to
5-36 subsection 1 in:
5-37 (a) The application or any other forms that must be submitted for the
5-38 issuance or renewal of the license; or
5-39 (b) A separate form prescribed by the department.
5-40 3. A license issued pursuant to sections 8 to 32, inclusive, of this act
5-41 may not be issued or renewed by the department if the applicant:
5-42 (a) Fails to submit the statement required pursuant to subsection 1; or
5-43 (b) Indicates on the statement submitted pursuant to subsection 1 that
5-44 he is subject to a court order for the support of a child and is not in
5-45 compliance with the order or a plan approved by the district attorney or
6-1 other public agency enforcing the order for the repayment of the amount
6-2 owed pursuant to the order.
6-3 4. If an applicant indicates on the statement submitted pursuant to
6-4 subsection 1 that he is subject to a court order for the support of a child
6-5 and is not in compliance with the order or a plan approved by the district
6-6 attorney or other public agency enforcing the order for the repayment of
6-7 the amount owed pursuant to the order, the department shall advise the
6-8 applicant to contact the district attorney or other public agency enforcing
6-9 the order to determine the actions that the applicant may take to satisfy
6-10 the arrearage.
6-11 Sec. 24. 1. If the department receives a copy of a court order
6-12 issued pursuant to NRS 425.540 that provides for the suspension of all
6-13 professional, occupational and recreational licenses, certificates and
6-14 permits issued to a person pursuant to sections 8 to 32, inclusive, of this
6-15 act, the department shall deem the license issued to that person to be
6-16 suspended at the end of the 30th day after the date on which the court
6-17 order was issued unless the department receives a letter issued to the
6-18 holder of the license by the district attorney or other public agency
6-19 pursuant to NRS 425.550 stating that the holder of the license has
6-20 complied with the subpoena or warrant or has satisfied the arrearage
6-21 pursuant to NRS 425.560.
6-22 2. The department shall reinstate a license that has been suspended
6-23 by a district court pursuant to NRS 425.540 if the department receives a
6-24 letter issued by the district attorney or other public agency pursuant to
6-25 NRS 425.550 to the person whose license was suspended stating that the
6-26 person whose license was suspended has complied with the subpoena or
6-27 warrant or has satisfied the arrearage pursuant to NRS 425.560.
6-28 Sec. 25. 1. The department shall establish procedures for
6-29 inspecting authorized inspection stations and fleet stations.
6-30 2. The department may require the holder of a license for an
6-31 authorized inspection station or fleet station to submit any material or
6-32 document which is used in the program to promote the operation of
6-33 motor vehicles that use clean-burning fuel.
6-34 3. The department may deny, suspend or revoke the license of an
6-35 approved inspector, authorized inspection station or fleet station if:
6-36 (a) The approved inspector or the holder of a license for an authorized
6-37 inspection station or fleet station is not complying with the provisions of
6-38 sections 8 to 32, inclusive, of this act;
6-39 (b) The holder of a license for an authorized inspection station or fleet
6-40 station refuses to furnish the department with the requested material or
6-41 document;
6-42 (c) The approved inspector has issued a fraudulent certificate of
6-43 compliance, whether intentionally or negligently; or
6-44 (d) The approved inspector does not follow the prescribed test
6-45 procedure.
6-46 4. For purposes of this section, “fraudulent certificate” includes,
6-47 without limitation:
6-48 (a) A backdated certificate;
7-1 (b) A postdated certificate; and
7-2 (c) A certificate issued without an inspection.
7-3 Sec. 26. 1. Except as provided in subsection 2, to be exempt from
7-4 the registration fee for motor vehicles pursuant to section 1 of this act, an
7-5 owner of a motor vehicle that uses clean-burning fuel is required to have
7-6 evidence of compliance upon registration and renewal of registration.
7-7 2. The requirements of subsection 1 do not apply to:
7-8 (a) Transfer of registration or ownership between:
7-9 (1) Husband and wife; or
7-10 (2) Companies whose principal business is leasing of vehicles, if
7-11 there is no change in the lessee or operator of the vehicle.
7-12 (b) Transfer of registration if evidence of compliance was issued
7-13 within 90 days before the transfer.
7-14 Sec. 27. 1. The commission shall adopt regulations that establish
7-15 fees for:
7-16 (a) The issuance and annual renewal of a license for an authorized
7-17 inspection station or fleet station;
7-18 (b) Each set of 25 forms certifying emission control compliance; and
7-19 (c) Each form issued to a fleet station.
7-20 2. The fees established pursuant to this section must be paid to the
7-21 department and accounted for in the pollution control account.
7-22 Sec. 28. 1. The commission shall adopt regulations that establish
7-23 procedures for collecting, interpreting and correlating information
7-24 concerning the program to promote the operation of motor vehicles that
7-25 use clean-burning fuel.
7-26 2. All information received by the commission or the department is
7-27 open to public inspection.
7-28 3. Not later than 90 days after the close of each fiscal year, the
7-29 commission shall submit to the director of the legislative counsel bureau
7-30 a report concerning the costs and benefits to the State of Nevada of the
7-31 program to promote the operation of motor vehicles that use clean-
7-32 burning fuel. The report must include, without limitation, the following
7-33 information:
7-34 (a) The state revenue gained by increasing the fees for registration
7-35 imposed by chapter 482 of NRS for passenger cars that do not use clean-
7-36 burning fuel;
7-37 (b) The state revenue lost by exempting passenger cars and other types
7-38 of motor vehicles that use clean-burning fuel from the fees for
7-39 registration imposed by chapter 482 of NRS; and
7-40 (c) The state revenue lost by exempting clean-burning fuel from the
7-41 taxes imposed by chapters 365 and 366 of NRS.
7-42 Sec. 29. Before the commission may adopt any regulation pursuant
7-43 to sections 8 to 32, inclusive, of this act, the department must approve the
7-44 regulation.
7-45 Sec. 30. 1. The department may impose an administrative fine, not
7-46 to exceed $2,500, for a violation of any provision of sections 8 to 32,
7-47 inclusive, of this act, or any rule, regulation or order adopted or issued
8-1 pursuant thereto. The department shall afford to any person so fined an
8-2 opportunity for a hearing pursuant to the provisions of NRS 233B.121.
8-3 2. All administrative fines collected by the department pursuant to
8-4 subsection 1 must be deposited with the state treasurer to the credit of the
8-5 pollution control account.
8-6 3. The department may compel compliance with any provision of
8-7 sections 8 to 32, inclusive, of this act, and any rule, regulation or order
8-8 adopted or issued pursuant thereto, by injunction or other appropriate
8-9 remedy and the department may institute and maintain in the name of
8-10 the State of Nevada any such enforcement proceedings.
8-11 Sec. 31. It is unlawful for any person to:
8-12 1. Possess any unauthorized evidence of compliance;
8-13 2. Make, issue or use any imitation or counterfeit evidence of
8-14 compliance;
8-15 3. Willfully and knowingly fail to comply with the provisions of
8-16 sections 8 to 32, inclusive, of this act or any regulation adopted by the
8-17 department; or
8-18 4. Issue evidence of compliance if he is not an approved inspector of
8-19 an authorized inspection station or fleet station.
8-20 Sec. 32. 1. A violation of any provision of sections 8 to 32,
8-21 inclusive, of this act relating to motor vehicles that use clean-burning
8-22 fuel, or any regulation adopted pursuant thereto relating to motor
8-23 vehicles that use clean-burning fuel, is a misdemeanor. The provisions of
8-24 sections 8 to 32, inclusive, of this act, or any regulation adopted pursuant
8-25 thereto, must be enforced by any peace officer.
8-26 2. Satisfactory evidence that the motor vehicle or its equipment
8-27 conforms to those provisions or regulations, when supplied by the owner
8-28 of the motor vehicle to the department within 10 days after the issuance
8-29 of a citation pursuant to subsection 1, may be accepted by the court as a
8-30 complete or partial mitigation of the offense.
8-31 Sec. 33. NRS 445B.825 is hereby amended to read as follows:
8-32 445B.825 1. The commission may provide for exemption from the
8-33 provisions of NRS 445B.770 to 445B.815, inclusive, of designated classes
8-34 of motor vehicles, including classes based upon the year of manufacture of
8-35 motor vehicles.
8-36 2. The commission shall provide for a waiver from the provisions of
8-37 NRS 445B.770 to 445B.815, inclusive, if compliance involves repair and
8-38 equipment costs which exceed the limits established by the commission.
8-39 The commission shall establish the limits in a manner which avoids
8-40 unnecessary financial hardship to motor vehicle owners.
8-41 3. The commission shall provide for exemption from the provisions
8-42 of NRS 445B.700 to 445B.845, inclusive, of motor vehicles that use
8-43 clean-burning fuel in compliance with the provisions of sections 8 to 32,
8-44 inclusive, of this act.
8-45 Sec. 34. 1. This section and sections 1 to 4, inclusive, and 6 to 33,
8-46 inclusive, of this act become effective on July 1, 2001.
8-47 2. Section 4 of this act expires by limitation on December 31, 2001.
9-1 3. Section 5 of this act becomes effective at 12:01 a.m. on January 1,
9-2 2002.
9-3 4. This section and sections 1, 2, 3, 5 to 21, inclusive, and 25 to 33,
9-4 inclusive, of this act expire by limitation on June 30, 2007.
9-5 5. Sections 22, 23 and 24 of this act expire by limitation on the earlier
9-6 of:
9-7 (a) June 30, 2007; or
9-8 (b) The date on which the provisions of 42 U.S.C. § 666 requiring each
9-9 state to establish procedures under which the state has authority to
9-10 withhold or suspend, or to restrict the use of professional, occupational and
9-11 recreational licenses of persons who:
9-12 (1) Have failed to comply with a subpoena or warrant relating to a
9-13 procedure to determine the paternity of a child or to establish or enforce an
9-14 obligation for the support of a child; or
9-15 (2) Are in arrears in the payment for the support of one or more
9-16 children,
9-17 are repealed by the Congress of the United States.
9-18 H