requires two-thirds majority vote (§ 6)
S.B. 523
Senate Bill No. 523–Committee on Transportation
(On Behalf of Department of Motor Vehicles
and Public Safety)
March 26, 2001
____________
Referred to Committee on Transportation
SUMMARY—Makes various changes relating to licensing and registration of motor vehicles, drivers and instructors. (BDR 43‑511)
FISCAL NOTE: Effect on Local Government: No.
~
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; increasing the period of validity of a permit issued to operate certain unregistered vehicles; revising provisions relating to the form provided by the department of motor vehicles and public safety to a dealer for the transfer of ownership of a motor vehicle; authorizing the department to enter into an agreement with another state concerning the exchange of information relating to the issuance, renewal, suspension or revocation of drivers’ licenses; requiring the investigation of the criminal history of an applicant for a license to operate a school for training drivers or for a license as an instructor for such a school; 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 481.063 is hereby amended to read as follows:
1-2 481.063 1. The director may charge and collect reasonable fees for
1-3 official publications of the department and from persons making use of
1-4 files and records of the department or its various divisions for a private
1-5 purpose. All money so collected must be deposited in the state treasury for
1-6 credit to the motor vehicle fund.
1-7 2. [The] Except as otherwise provided in subsection 5, the director
1-8 may release personal information , except a photograph, from a file or
1-9 record relating to the driver’s license, identification card , or title or
1-10 registration of a vehicle of a person if the requester submits a written
1-11 release from the person who holds a lien on the vehicle, or an agent of that
1-12 person, or the person about whom the information is requested which is
1-13 dated not more than 90 days before the date of the request. The written
1-14 release must be in a form required by the director.
2-1 3. Except as otherwise provided in subsection 2, the director shall not
2-2 release to any person who is not a representative of the welfare division of
2-3 the department of human resources or an officer, employee or agent of a
2-4 law enforcement agency, an agent of the public defender’s office or an
2-5 agency of a local government which collects fines imposed for parking
2-6 violations, who is not conducting an investigation pursuant to NRS
2-7 253.0415, 253.044 or 253.220, who is not authorized to transact insurance
2-8 pursuant to chapter 680A of NRS or who is not licensed as a private
2-9 investigator pursuant to chapter 648 of NRS and conducting an
2-10 investigation of an insurance claim:
2-11 (a) A list which includes license plate numbers combined with any other
2-12 information in the records or files of the department;
2-13 (b) The social security number of any person, if it is requested to
2-14 facilitate the solicitation of that person to purchase a product or service; or
2-15 (c) The name, address, telephone number or any other personally
2-16 identifiable information if the information is requested by the presentation
2-17 of a license plate number.
2-18 When such personally identifiable information is requested of a law
2-19 enforcement agency by the presentation of a license plate number, the law
2-20 enforcement agency shall conduct an investigation regarding the person
2-21 about whom information is being requested or, as soon as practicable,
2-22 provide the requester with the requested information if the requester
2-23 officially reports that the motor vehicle bearing that license plate was used
2-24 in a violation of NRS 205.240, 205.345, 205.380 or 205.445.
2-25 4. Except as otherwise provided in subsections 2 and 5, the director
2-26 shall not release any personal information from a file or record relating to a
2-27 driver’s license, identification card , or title or registration of a vehicle.
2-28 5. Except as otherwise provided in subsection 6, if a person or
2-29 governmental entity [appears in person or by its representative,] provides a
2-30 description of the information requested and its proposed use and signs an
2-31 affidavit to that effect, the director may release any personal information
2-32 from a file or record relating to a driver’s license, identification card , or
2-33 title or registration of a vehicle for use:
2-34 (a) By any governmental entity, including, but not limited to, any court
2-35 or law enforcement agency, in carrying out its functions, or any person
2-36 acting on behalf of a federal, state or local governmental agency in
2-37 carrying out its functions. [In addition, the director may, by regulation,
2-38 establish a procedure whereby a governmental entity may retrieve such
2-39 information electronically or by written request in lieu of appearing
2-40 personally and complying with the other requirements of this subsection.]
2-41 The personal information may include a photograph from a file or
2-42 record relating to a driver’s license, identification card, or title or
2-43 registration of a vehicle.
2-44 (b) In connection with any civil, criminal, administrative or arbitration
2-45 proceeding before any federal or state court, regulatory body, board,
2-46 commission or agency, including, but not limited to, use for service of
2-47 process, investigation in anticipation of litigation , and execution or
2-48 enforcement of judgments and orders, or pursuant to an order of a federal
2-49 or state court.
3-1 (c) In connection with matters relating to:
3-2 (1) The safety of drivers of motor vehicles;
3-3 (2) Safety and thefts of motor vehicles;
3-4 (3) Emissions from motor vehicles;
3-5 (4) Alterations of products related to motor vehicles;
3-6 (5) An advisory notice relating to a motor vehicle or the recall of a
3-7 motor vehicle;
3-8 (6) Monitoring the performance of motor vehicles;
3-9 (7) Parts or accessories of motor vehicles;
3-10 (8) Dealers of motor vehicles; or
3-11 (9) Removal of nonowner records from the original records of motor
3-12 vehicle manufacturers.
3-13 (d) By any insurer, self-insurer or organization that provides assistance
3-14 or support to an insurer or self-insurer or its agents, employees or
3-15 contractors, in connection with activities relating to the rating,
3-16 underwriting or investigation of claims or the prevention of fraud.
3-17 (e) In providing notice to the owners of vehicles that have been towed,
3-18 repossessed or impounded.
3-19 (f) By an employer or its agent or insurer to obtain or verify information
3-20 relating to a holder of a commercial driver’s license who is employed by or
3-21 has applied for employment with the employer.
3-22 (g) By a private investigator, private patrolman or security consultant
3-23 who is licensed pursuant to chapter 648 of NRS, for any use permitted
3-24 pursuant to this section.
3-25 (h) By a reporter or editorial employee who is employed by or affiliated
3-26 with any newspaper, press association or commercially operated , federally
3-27 licensed radio or television station for a journalistic purpose. The
3-28 department may not make any inquiries regarding the use of or reason for
3-29 the information requested other than whether the information will be used
3-30 for a journalistic purpose.
3-31 (i) In connection with an investigation conducted pursuant to NRS
3-32 253.0415, 253.044 or 253.220.
3-33 (j) In activities relating to research and the production of statistical
3-34 reports, if the personal information will not be published or otherwise
3-35 redisclosed, or used to contact any person.
3-36 (k) In the bulk distribution of surveys, marketing material or
3-37 solicitations, if the director has adopted policies and procedures to ensure
3-38 that:
3-39 (1) The information will be used or sold only for use in the bulk
3-40 distribution of surveys, marketing material or solicitations;
3-41 (2) Each person about whom the information is requested has clearly
3-42 been provided with an opportunity to [prohibit] authorize such a use; and
3-43 (3) If the person about whom the information is requested [prohibits
3-44 in a timely manner]
3-45 does not authorize such a use, the bulk distribution will not be directed
3-46 toward that person.
3-47 6. Except as otherwise provided in paragraph (j) of subsection 5, a
3-48 person who requests and receives personal information may sell or disclose
4-1 that information only for a use permitted pursuant to subsection 5. Such a
4-2 person shall keep and maintain for 5 years a record of:
4-3 (a) Each person to whom the information is provided; and
4-4 (b) The purpose for which that person will use the information.
4-5 The record must be made available for examination by the department at
4-6 all reasonable times upon request.
4-7 7. Except as otherwise provided in subsection 2, the director may deny
4-8 any use of the files and records if he reasonably believes that the
4-9 information taken may be used for an unwarranted invasion of a particular
4-10 person’s privacy.
4-11 8. Except as otherwise provided in NRS 485.316, the director shall not
4-12 allow any person to make use of information retrieved from the database
4-13 created pursuant to NRS 485.313 for a private purpose and shall not in any
4-14 other way release any information retrieved from that database.
4-15 9. The director shall adopt such regulations as he deems necessary to
4-16 carry out the purposes of this section. In addition, the director shall, by
4-17 regulation, establish a procedure whereby a person who is requesting
4-18 personal information [and has personally appeared before an employee of
4-19 the department at least once] may establish an account with the department
4-20 to facilitate his ability to request information electronically or by written
4-21 request if he has submitted to the department proof of his employment or
4-22 licensure, as applicable, and a signed and notarized affidavit
4-23 acknowledging:
4-24 (a) That he has read and fully understands the current laws and
4-25 regulations regarding the manner in which information from the
4-26 department’s files and records may be obtained and the limited uses which
4-27 are permitted;
4-28 (b) That he understands that any sale or disclosure of information so
4-29 obtained must be in accordance with the provisions of this section;
4-30 (c) That he understands that a record will be maintained by the
4-31 department of any information he requests; and
4-32 (d) That he understands that a violation of the provisions of this section
4-33 is a criminal offense.
4-34 10. It is unlawful for any person to:
4-35 (a) Make a false representation to obtain any information from the files
4-36 or records of the department.
4-37 (b) Knowingly obtain or disclose any information from the files or
4-38 records of the department for any use not permitted by the provisions of
4-39 this chapter.
4-40 11. As used in this section, “personal information” means information
4-41 that reveals the identity of a person, including, without limitation, his
4-42 photograph, social security number, driver’s license number, identification
4-43 card number, name, address, telephone number or information regarding a
4-44 medical condition or disability. The term does not include the zip code of a
4-45 person when separate from his full address, information regarding
4-46 vehicular accidents or driving violations in which he has been involved or
4-47 other information otherwise affecting his status as a driver.
5-1 Sec. 2. NRS 482.396 is hereby amended to read as follows:
5-2 482.396 1. A person who is not a dealer, manufacturer or rebuilder
5-3 may apply to the department for a permit to operate a vehicle which:
5-4 (a) Is not subject to the provisions of NRS 482.390, 482.395 and
5-5 706.801 to 706.861, inclusive; and
5-6 (b) Is not currently registered in this state, another state or a foreign
5-7 country , or has been purchased by the applicant from a person who is not a
5-8 dealer.
5-9 2. The department may issue the permit free of charge.
5-10 3. Each permit must:
5-11 (a) Bear the date of expiration in numerals of sufficient size to be
5-12 plainly readable from a reasonable distance during daylight;
5-13 (b) Expire at 5 p.m. not more than [10] 60 days after its date of
5-14 issuance;
5-15 (c) Be affixed to the vehicle in the manner prescribed by the
5-16 department; and
5-17 (d) Be removed and destroyed upon its expiration or the issuance of a
5-18 new permit or a certificate of registration[,] for the vehicle, whichever
5-19 occurs first.
5-20 4. The department may authorize the issuance of more than one permit
5-21 for the vehicle to be operated by the applicant.
5-22 Sec. 3. NRS 482.400 is hereby amended to read as follows:
5-23 482.400 1. Except as otherwise provided in this subsection and
5-24 subsections 2, 5 and 6, upon a transfer of the title to, or the interest of an
5-25 owner in, a vehicle registered or issued a certificate of ownership under the
5-26 provisions of this chapter, the person or persons whose title or interest is to
5-27 be transferred and the transferee shall write their signatures with pen and
5-28 ink upon the certificate of ownership issued for the vehicle, together with
5-29 the residence address of the transferee, in the appropriate spaces provided
5-30 upon the reverse side of the certificate. The department may, by regulation,
5-31 prescribe alternative methods by which a signature may be affixed upon a
5-32 manufacturer’s certificate of origin or a manufacturer’s statement of origin
5-33 issued for a vehicle. The alternative methods must ensure the authenticity
5-34 of the signatures.
5-35 2. The department shall provide a form for use by a dealer for the
5-36 transfer of ownership of a vehicle . [when the spaces provided upon the
5-37 reverse side of the certificate of ownership issued for the vehicle have been
5-38 filled.] The form must be produced in a manner which ensures that the
5-39 form may not be easily counterfeited. Upon the attachment of the form to a
5-40 certificate of ownership issued for a vehicle, the form becomes a part of
5-41 that certificate of ownership. The department may charge a fee not to
5-42 exceed [$5 for each form it provides.] the cost to provide the form.
5-43 3. Except as otherwise provided in subsections 4, 5 and 6, the
5-44 transferee shall immediately apply for registration as provided in NRS
5-45 482.215, and shall pay the privilege taxes due.
5-46 4. If the transferee is a dealer who intends to resell the vehicle, he
5-47 [shall deliver immediately to the department or its agent the certificate of
5-48 registration and the license plate or plates for] is not required to register,
5-49 pay a transfer or registration fee for, or pay a privilege tax the vehicle.
6-1 When the vehicle is resold, the purchaser shall apply for registration as
6-2 provided in NRS 482.215, and shall pay the privilege taxes due. [The
6-3 dealer is not required to register, pay a transfer or registration fee for, or
6-4 pay a privilege tax on the vehicle.]
6-5 5. If the transferee consigns the vehicle to a wholesale vehicle
6-6 auctioneer:
6-7 (a) The transferee shall, within 30 days after that consignment, provide
6-8 the wholesale vehicle auctioneer with the certificate of ownership for the
6-9 vehicle, executed as required by subsection 1, and any other documents
6-10 necessary to obtain another certificate of ownership for the vehicle.
6-11 (b) The wholesale vehicle auctioneer shall be deemed a transferee of the
6-12 vehicle for the purposes of subsection 4. The wholesale vehicle auctioneer
6-13 is not required to comply with subsection 1 if he:
6-14 (1) Does not take an ownership interest in the vehicle;
6-15 (2) Auctions the vehicle to a vehicle dealer or automobile wrecker
6-16 who is licensed as such in this or any other state; and
6-17 (3) Stamps his name, his identification number as a vehicle dealer
6-18 and the date of the auction on the certificate of ownership and the bill of
6-19 sale and any other documents of transfer for the vehicle.
6-20 6. A charitable organization which intends to sell a vehicle which has
6-21 been donated to the organization must deliver immediately to the
6-22 department or its agent the certificate of registration and the license plate or
6-23 plates for the vehicle[.] , if the license plate or plates have not been
6-24 removed from the vehicle. The charitable organization must not be
6-25 required to register, pay a transfer or registration fee for, or pay a privilege
6-26 tax on the vehicle. When the vehicle is sold by the charitable organization,
6-27 the purchaser shall apply for registration as provided in NRS 482.215 and
6-28 pay the privilege taxes due.
6-29 7. As used in this section, “wholesale vehicle auctioneer” means a
6-30 dealer who:
6-31 (a) Is engaged in the business of auctioning consigned motor vehicles to
6-32 vehicle dealers or automobile wreckers, or both, who are licensed as such
6-33 in this or any other state; and
6-34 (b) Does not in the ordinary course of his business buy, sell or own the
6-35 vehicles he auctions.
6-36 Sec. 4. Chapter 483 of NRS is hereby amended by adding thereto the
6-37 provisions set forth as sections 5 and 6 of this act.
6-38 Sec. 5. 1. The department may enter into an agreement with
6-39 another state to facilitate the exchange of information concerning the
6-40 issuance, renewal, suspension or revocation of drivers’ licenses and to
6-41 ensure that each driver possesses only one license and driving record.
6-42 2. The department shall adopt regulations necessary to carry out any
6-43 such agreement.
6-44 Sec. 6. An applicant for a license to operate a school for training
6-45 drivers or a license as an instructor for a school for training drivers must
6-46 submit to the department:
6-47 1. A complete set of his fingerprints and written permission
6-48 authorizing the department to forward those fingerprints to the central
7-1 repository for Nevada records of criminal history for submission to the
7-2 Federal Bureau of Investigation for its report; and
7-3 2. The fee established by the department for processing the
7-4 fingerprints of the applicant. The fee must not exceed the total amount
7-5 charged by the central repository for Nevada records of criminal history
7-6 and the Federal Bureau of Investigation for processing the fingerprints
7-7 of the applicant.
7-8 Sec. 7. NRS 483.390 is hereby amended to read as follows:
7-9 483.390 Whenever any person after applying for or receiving a
7-10 driver’s license moves from the address named in the application or in the
7-11 license issued to him, or when the name of a licensee is changed, that
7-12 person shall within [10] 30 days thereafter notify the motor vehicles branch
7-13 of the department of his new and old addresses, or of such former and new
7-14 names, and of the number of any license then held by him.
7-15 Sec. 8. NRS 483.475 is hereby amended to read as follows:
7-16 483.475 1. [When] Except as otherwise provided in this subsection,
7-17 when a driver has accumulated [six] 3 or more demerit points, but less than
7-18 12, the department shall notify him of this fact. If, after the department
7-19 mails [this] the notice, the driver presents proof to the department that he
7-20 has successfully completed a course of traffic safety approved by the
7-21 department[,] and a statement signed by him which indicates that the
7-22 successful completion of the course was not required pursuant to a plea
7-23 agreement, the department shall cancel [three] not more than 3 demerit
7-24 points from his driving record. If the driver accumulates 12 or more
7-25 demerit points before completing the course of traffic safety, he will not be
7-26 entitled to have demerit points canceled upon the completion of the course,
7-27 but must have his license suspended. A person may attend a course only
7-28 once in 12 months for the purpose of reducing his demerit points. The
7-29 [three] 3 demerit points may only be canceled from a driver’s record during
7-30 the 12-month period immediately following the driver’s successful
7-31 completion of the course of traffic safety. The provisions of this
7-32 subsection do not apply to a person whose successful completion of a
7-33 course of traffic safety was required pursuant to a plea agreement.
7-34 2. Any reduction of [three] demerit points applies only to the demerit
7-35 record of the driver and does not affect his driving record with the
7-36 department or his insurance record.
7-37 3. The department shall use a cumulative period for the suspension of
7-38 licenses pursuant to subsection 1. The periods of suspension are:
7-39 (a) For the first accumulation of 12 demerit points during a 12-month
7-40 period, 6 months. A driver whose license is suspended pursuant to this
7-41 paragraph is eligible for a restricted license during the suspension.
7-42 (b) For the second accumulation within 3 years of 12 demerit points
7-43 during a 12-month period, 1 year. A driver whose license is suspended
7-44 pursuant to this paragraph is eligible for a restricted license during the
7-45 suspension.
7-46 (c) For the third accumulation within 5 years of 12 demerit points
7-47 during a 12-month period, 1 year. A driver whose license is suspended
7-48 pursuant to this paragraph is not eligible for a restricted license during the
7-49 suspension.
8-1 4. The department shall suspend for 1 year the license of a driver who
8-2 is convicted of a sixth traffic offense within 5 years if all six offenses have
8-3 been assigned a value of four or more demerit points. A driver whose
8-4 license is suspended pursuant to this subsection is not eligible for a
8-5 restricted license during the suspension.
8-6 5. If the department determines by its records that the license of a
8-7 driver must be suspended pursuant to this section, it shall notify the driver
8-8 by mail that his privilege to drive is subject to suspension.
8-9 6. Except as provided in subsection 7, the department shall suspend the
8-10 license 30 days after it mails the notice required by subsection 5.
8-11 7. If a written request for a hearing is received by the department:
8-12 (a) The suspension of the license is stayed until a determination is made
8-13 by the department after the hearing.
8-14 (b) The hearing must be held within 45 days after the request is received
8-15 in the county where the driver resides unless he and the department agree
8-16 that the hearing may be held in some other county. The scope of the
8-17 hearing must be limited to whether the records of the department
8-18 accurately reflect the driving history of the driver.
8-19 Sec. 9. NRS 483.710 is hereby amended to read as follows:
8-20 483.710 An applicant for a license to operate a school for training
8-21 drivers must:
8-22 1. Be of good moral character.
8-23 2. Maintain an established place of business:
8-24 (a) That is open to the public;
8-25 (b) That is not within 200 feet of any building used by the department as
8-26 an office; and
8-27 (c) Where the records of the school are maintained.
8-28 3. Have the equipment necessary to give proper instruction in the
8-29 operation of motor vehicles.
8-30 4. Be 21 years of age or older.
8-31 5. [Hold a valid driving instructor’s certificate issued by the state
8-32 department of education in accordance with regulations prescribed by the
8-33 state board of education governing the qualifications of instructors in
8-34 privately owned schools for training drivers.
8-35 6.] Have at least 100 hours of experience as an instructor operating
8-36 vehicles with pupils at a school for training drivers, if the school for which
8-37 the applicant is applying for a license will provide that training to pupils
8-38 enrolled at the school.
8-39 [7.] 6. File with the department a surety bond in the amount of $10,000
8-40 to the department, executed by the applicant as principal with a corporation
8-41 authorized to transact surety business in this state as surety. The bond must
8-42 be continuous in form and conditioned that the operator conduct the
8-43 business of the school as an instructional institution without fraud or
8-44 fraudulent representation. Upon application by an operator, the department
8-45 may reduce the amount of the bond required to an amount not less than
8-46 $5,000 if the operator has satisfactorily conducted his school for the 5
8-47 years immediately preceding the application for reduction.
9-1 Sec. 10. NRS 483.720 is hereby amended to read as follows:
9-2 483.720 An applicant for a license as an instructor for a school for
9-3 training drivers must:
9-4 1. Be of good moral character;
9-5 2. Pass such examination as the department may require on traffic
9-6 laws, safe driving practices and operation of motor vehicles;
9-7 3. Be physically able to operate a motor vehicle safely and train others
9-8 in the operation of motor vehicles;
9-9 4. Hold a valid Nevada driver’s license; and
9-10 5. Be 21 years of age or older . ; and
9-11 6. Hold a valid driving instructor’s certificate issued by the state
9-12 department of education in accordance with regulations prescribed by the
9-13 state board of education governing the qualifications of instructors in
9-14 privately owned schools for training drivers.]
9-15 Sec. 11. NRS 483.730 is hereby amended to read as follows:
9-16 483.730 1. The department shall issue a license to operate a school
9-17 for training drivers or to act as an instructor for such a school, if it is
9-18 satisfied that the applicant has met the qualifications required by NRS
9-19 483.700 to 483.780, inclusive[.] , and section 6 of this act.
9-20 2. The license is valid for 5 years after the date of issuance, unless
9-21 canceled, suspended or revoked by the department and, except as otherwise
9-22 provided in subsection 3, may be renewed subject to the same conditions as
9-23 the original license, except that an operator of or instructor for a school
9-24 for training drivers is not required to comply with the provisions of
9-25 section 6 of this act for the renewal of his license.
9-26 3. The department may renew the license of an instructor of a school
9-27 for training drivers if, when he submits his application for the renewal of
9-28 his license, he provides evidence satisfactory to the department that, during
9-29 the period of the license, he completed at least six credits of continuing
9-30 education by attending:
9-31 (a) A course of instruction relating to the training of drivers approved
9-32 by the department; or
9-33 (b) A state or national conference approved by the department of
9-34 education for credit for continuing education.
9-35 4. In determining whether an instructor has complied with the
9-36 provisions of subsection 3, the department shall award one credit of
9-37 continuing education for the completion of each 15 hours of:
9-38 (a) Classroom instruction in a course specified in paragraph (a) of
9-39 subsection 3; or
9-40 (b) Attendance at a conference specified in paragraph (b) of subsection
9-41 3.
9-42 Sec. 12. NRS 483.640, 483.650, 483.660, 483.680 and 483.690 are
9-43 hereby repealed.
9-44 Sec. 13. This act becomes effective upon passage and approval.
10-1 LEADLINES OF REPEALED SECTIONS
10-2 483.640 Enactment.
10-3 483.650 Definitions.
10-4 483.660 Text of compact.
10-5 483.680 Department to furnish information or documents to other
10-6 states enacting compact.
10-7 483.690 Expenses of administrator of compact.
10-8 H