AB30

A.B. 30

Assembly Bill No. 30–Assemblywoman McClain

Prefiled January 29, 2003

____________

Referred to Committee on Transportation

SUMMARY—Revises provisions regarding registration of motor vehicles. (BDR 43‑67)

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.

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; making various changes to the provisions governing the registration of motor vehicles by new residents of this state and the issuance of drivers’ licenses to such persons; removing the provision which directs the issuance of certain pro rata refunds for registrations transferred or 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 482.206 is hereby amended to read as follows:

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

1-3 every motor vehicle, except for a motor vehicle that is registered

1-4 pursuant to the provisions of NRS 706.801 to 706.861, inclusive, or

1-5 which is a motor vehicle with a declared gross weight in excess of

1-6 26,000 pounds, must be registered for a period of 12 consecutive

1-7 months beginning the day after the first registration by the owner in

1-8 this state.

1-9 2. Every vehicle registered by an agent of the Department or a

1-10 registered dealer must be registered for 12 consecutive months

1-11 beginning the first day of the month after the first registration by the

1-12 owner in this state.

2-1 3. Upon the application of the owner of a fleet of vehicles, the

2-2 Director may permit him to register his fleet on the basis of a

2-3 calendar year.

2-4 4. When the registration of any vehicle is transferred pursuant

2-5 to [the provisions of NRS 482.3667, 482.379 or] NRS 482.399, the

2-6 expiration date of each regular license plate, special license plate or

2-7 substitute decal must, at the time of the transfer of registration, be

2-8 advanced for a period of 12 consecutive months beginning:

2-9 (a) The first day of the month after the transfer, if the vehicle is

2-10 transferred by an agent of the Department; or

2-11 (b) The day after the transfer in all other cases,

2-12 and a credit on the portion of the fee for registration and the

2-13 governmental services tax attributable to the remainder of the

2-14 current period of registration must be allowed pursuant to

2-15 the applicable provisions of NRS [482.3667, 482.379 and] 482.399.

2-16 Sec. 2. NRS 482.260 is hereby amended to read as follows:

2-17 482.260 1. When registering a vehicle, the Department and

2-18 its agents or a registered dealer shall:

2-19 (a) Collect the fees for license plates and registration as

2-20 provided for in this chapter.

2-21 (b) [Collect] Except as otherwise provided in NRS 482.321,

2-22 collect the governmental services tax on the vehicle, as agent for the

2-23 county where the applicant intends to base the vehicle for the period

2-24 of registration, unless the vehicle is deemed to have no base.

2-25 (c) Collect the applicable taxes imposed pursuant to chapters

2-26 372, 374, 377 and 377A of NRS.

2-27 (d) Issue a certificate of registration.

2-28 (e) If the registration is performed by the Department, issue the

2-29 regular license plate or plates.

2-30 (f) If the registration is performed by a registered dealer, provide

2-31 information to the owner regarding the manner in which the regular

2-32 license plate or plates will be made available to him.

2-33 2. Upon proof of ownership satisfactory to the Director, he

2-34 shall cause to be issued a certificate of ownership as provided in this

2-35 chapter.

2-36 3. [Every] Except as otherwise provided in NRS 371.070,

2-37 every vehicle being registered for the first time in Nevada must be

2-38 taxed for the purposes of the governmental services tax for a

2-39 12‑month period.

2-40 4. The Department shall deduct and withhold 2 percent of the

2-41 taxes collected pursuant to paragraph (c) of subsection 1 and remit

2-42 the remainder to the Department of Taxation.

2-43 5. A registered dealer shall forward all fees and taxes collected

2-44 for the registration of vehicles to the Department.

3-1 Sec. 3. NRS 482.3667 is hereby amended to read as follows:

3-2 482.3667 1. The Department shall establish, design and

3-3 otherwise prepare for issue personalized prestige license plates and

3-4 shall establish all necessary procedures not inconsistent with this

3-5 section for the application and issuance of such license plates.

3-6 2. The department shall issue personalized prestige license

3-7 plates, upon payment of the prescribed fee, to any person who

3-8 otherwise complies with the laws relating to the registration and

3-9 licensing of motor vehicles or trailers for use on private passenger

3-10 cars, motorcycles, trucks or trailers.

3-11 3. Personalized prestige license plates are valid for 12 months

3-12 and are renewable upon expiration. These plates may be transferred

3-13 from one vehicle or trailer to another if the transfer and registration

3-14 fees are paid as set out in this chapter. [Any person transferring

3-15 plates must be allowed a 1/12 reduction in fees for each calendar

3-16 month remaining unused from the previous registration, applicable

3-17 to the fees which are for the registration year for which the plates

3-18 are being transferred.]

3-19 4. In case of any conflict, the person who first made

3-20 application for personalized prestige license plates and has

3-21 continuously renewed them by payment of the required fee has

3-22 priority.

3-23 5. The Department may limit by regulation the number of

3-24 letters and numbers used and prohibit the use of inappropriate letters

3-25 or combinations of letters and numbers.

3-26 6. The Department shall not assign to any person not holding

3-27 the relevant office any letters and numbers denoting that the holder

3-28 holds a public office.

3-29 Sec. 4. NRS 482.379 is hereby amended to read as follows:

3-30 482.379 1. The Director may order the design and

3-31 preparation of license plates which commemorate the 125th

3-32 anniversary of Nevada’s admission into the Union and establish the

3-33 procedures for the application and issuance of the plates.

3-34 2. The Department may designate any colors, numbers and

3-35 letters for the commemorative plates.

3-36 3. A person who is entitled to license plates pursuant to NRS

3-37 482.265 may apply for commemorative license plates.

3-38 4. The fee for the commemorative license plates is $10, in

3-39 addition to all other applicable registration and license fees and

3-40 governmental services taxes. If a person is eligible for and applies

3-41 for any special license plates issued pursuant to NRS 482.3667,

3-42 482.3672, 482.3675, 482.368 or 482.370 to 482.3825, inclusive, and

3-43 applies to have those special license plates combined with

3-44 commemorative plates, the person must pay the fees for the special

3-45 license plates in addition to the fee for the commemorative plates.

4-1 5. In addition to all fees for the license, registration and

4-2 governmental services taxes, a person who is eligible for and applies

4-3 for commemorative plates must pay $25 for the celebration of the

4-4 125th anniversary of Nevada’s admission into the Union. The fees

4-5 for the license, registration, and governmental services taxes and the

4-6 charge for the celebration may be paid with a single check.

4-7 6. Commemorative plates are renewable upon the payment

4-8 of $10.

4-9 7. If during a registration year, the holder of commemorative

4-10 plates issued pursuant to the provisions of this section disposes of

4-11 the vehicle to which the plates are affixed, he may retain the plates

4-12 and:

4-13 (a) Within 30 days after removing the plates from the vehicle,

4-14 return them to the Department; or

4-15 (b) Affix them to another vehicle which meets the requirements

4-16 of this section if the transfer and registration fees are paid as is

4-17 provided for in this chapter. [A person who transfers plates must be

4-18 allowed a one-twelfth reduction in fees for each calendar month

4-19 remaining unused from the previous registration.]

4-20 8. Except as otherwise provided by subsection 10, if a

4-21 commemorative license plate or set of license plates issued pursuant

4-22 to the provisions of this section is lost, stolen or mutilated, the

4-23 owner of the vehicle may secure a replacement license plate or set

4-24 of replacement license plates, as the case may be, from the

4-25 Department upon payment of the fees set forth in subsection 2 of

4-26 NRS 482.500.

4-27 9. The Department shall, for each set of commemorative

4-28 license plates that it issues:

4-29 (a) Deposit the $25 collected for the celebration of the 125th

4-30 anniversary of Nevada’s admission into the Union with the State

4-31 Treasurer for credit to the Account for Nevada’s 125th Anniversary

4-32 in the State General Fund;

4-33 (b) Deposit $7.50 with the State Treasurer for credit to the

4-34 Motor Vehicle Fund pursuant to the provisions of NRS 482.180;

4-35 and

4-36 (c) Deposit $2.50 with the State Treasurer for credit to the

4-37 Department to reimburse the Department for the cost of

4-38 manufacturing the license plates.

4-39 10. The Department shall not:

4-40 (a) Issue the commemorative license plates after October 31,

4-41 1990.

4-42 (b) Issue replacement commemorative license plates after

4-43 June 30, 1995.

5-1 Sec. 5. NRS 482.385 is hereby amended to read as follows:

5-2 482.385 1. Except as otherwise provided in subsection 4 and

5-3 NRS 482.390, a nonresident owner of a vehicle of a type subject to

5-4 registration pursuant to the provisions of this chapter, owning any

5-5 vehicle which has been registered for the current year in the state,

5-6 country or other place of which the owner is a resident and which at

5-7 all times when operated in this state has displayed upon it the

5-8 registration license plate issued for the vehicle in the place of

5-9 residence of the owner, may operate or permit the operation of the

5-10 vehicle within this state without its registration in this state pursuant

5-11 to the provisions of this chapter and without the payment of any

5-12 registration fees to this state.

5-13 2. This section does not:

5-14 (a) Prohibit the use of manufacturers’, distributors’ or dealers’

5-15 license plates issued by any state or country by any nonresident in

5-16 the operation of any vehicle on the public highways of this state.

5-17 (b) Require registration of vehicles of a type subject to

5-18 registration pursuant to the provisions of this chapter operated by

5-19 nonresident common motor carriers of persons or property, contract

5-20 motor carriers of persons or property, or private motor carriers of

5-21 property as stated in NRS 482.390.

5-22 (c) Require registration of a vehicle operated by a border state

5-23 employee.

5-24 3. When a person[, formerly a nonresident,] becomes a

5-25 resident of this state, he shall[:

5-26 (a) Within 30 days after becoming a resident; or

5-27 (b) At the time] , before he obtains his driver’s license,

5-28 [whichever occurs earlier,] apply for the registration of [any vehicle

5-29 which he owns and] each vehicle he owns which is operated in this

5-30 state.

5-31 4. Any resident operating [a motor vehicle] upon a highway of

5-32 this state a motor vehicle which is owned by a nonresident and

5-33 which is furnished to the resident operator for his continuous use

5-34 within this state, shall cause that vehicle to be registered within 30

5-35 days after beginning its operation within this state.

5-36 5. A person registering a vehicle pursuant to the provisions of

5-37 subsection 3, 4 or 6 [of this section] or pursuant to NRS 482.390

5-38 [must] :

5-39 (a) Must be assessed the registration fees and governmental

5-40 services tax, as required by the provisions of this chapter and

5-41 chapter 371 of NRS[. He must] ; and

5-42 (b) Must not be allowed credit on those taxes and fees for the

5-43 unused months of his previous registration.

5-44 6. If a vehicle is used in this state for a gainful purpose, the

5-45 owner shall immediately apply to the Department for registration,

6-1 except as otherwise provided in NRS 482.390, 482.395 and 706.801

6-2 to 706.861, inclusive.

6-3 7. An owner registering a vehicle pursuant to the provisions of

6-4 this section shall surrender the existing nonresident license plates

6-5 and registration certificates to the Department for cancelation.

6-6 8. A vehicle may be cited for a violation of this section

6-7 regardless of whether it is in operation or is parked on a highway, in

6-8 a public parking lot or on private property which is open to the

6-9 public if, after communicating with the owner or operator of the

6-10 vehicle, the peace officer issuing the citation determines that:

6-11 (a) The owner of the vehicle is a resident of this state; or

6-12 (b) The vehicle is used in this state for a gainful purpose.

6-13 Sec. 6. NRS 482.399 is hereby amended to read as follows:

6-14 482.399 1. Upon the transfer of the ownership of or interest

6-15 in any vehicle by any holder of a valid registration, or upon

6-16 destruction of the vehicle, the registration expires.

6-17 2. The holder of the original registration may transfer the

6-18 registration to another vehicle to be registered by him and use the

6-19 same regular license plate or plates [thereon,] or special license

6-20 plate or plates issued pursuant to NRS 482.3667 to 482.3823,

6-21 inclusive, or 482.384, on the vehicle from which the registration is

6-22 being transferred, if the license plate or plates are appropriate for

6-23 the second vehicle, upon filing an application for transfer of

6-24 registration and upon paying the transfer registration fee and the

6-25 excess, if any, of the registration fee and governmental services tax

6-26 on the vehicle to which the registration is transferred over the total

6-27 registration fee and governmental services tax paid on all vehicles

6-28 from which he is transferring his ownership or interest. Except as

6-29 otherwise provided in NRS 482.294, an application for transfer of

6-30 registration must be made in person, if practicable, to any office or

6-31 agent of the Department or to a registered dealer, and the license

6-32 plate or plates may not be used upon a second vehicle until

6-33 registration of that vehicle is complete.

6-34 3. In computing the governmental services tax, the

6-35 Department, its agent or the registered dealer shall credit the portion

6-36 of the tax paid on the first vehicle attributable to the remainder of

6-37 the current registration period or calendar year on a pro rata monthly

6-38 basis against the tax due on the second vehicle or on any other

6-39 vehicle of which the person is the registered owner. If any person

6-40 transfers his ownership or interest in two or more vehicles, the

6-41 Department or the registered dealer shall credit the portion of the tax

6-42 paid on all of the vehicles attributable to the remainder of the

6-43 current registration period or calendar year on a pro rata monthly

6-44 basis against the tax due on the vehicle to which the registration is

6-45 transferred or on any other vehicle of which the person is the

7-1 registered owner. The certificates of registration and unused license

7-2 plates of the vehicles from which a person transfers his ownership or

7-3 interest must be submitted before credit is given against the tax due

7-4 on the vehicle to which the registration is transferred or on any other

7-5 vehicle of which the person is the registered owner.

7-6 [3.] 4. In computing the registration fee, the Department or its

7-7 agent or the registered dealer shall credit the portion of the

7-8 registration fee paid on each vehicle attributable to the remainder of

7-9 the current calendar year or registration period on a pro rata basis

7-10 against the registration fee due on the vehicle to which registration

7-11 is transferred.

7-12 5. If the amount owed on the registration fee or governmental

7-13 services tax on [that] the vehicle to which registration is

7-14 transferred is less than the credit on the total registration fee or

7-15 governmental services tax paid on all vehicles from which a person

7-16 transfers his ownership or interest, [the Department shall issue to the

7-17 person a refund in an amount equal to the difference between the

7-18 amount owed on the registration fee or governmental services tax on

7-19 that vehicle and the credit on the total registration fee or

7-20 governmental services tax paid on all vehicles from which a person

7-21 transfers his ownership or interest.

7-22 4.] no refund may be allowed by the Department.

7-23 6. If the license plate or plates are not appropriate for the

7-24 second vehicle, the plate or plates must be surrendered to the

7-25 Department or registered dealer and an appropriate plate or plates

7-26 must be issued by the Department. The Department shall not reissue

7-27 the surrendered plate or plates until the next succeeding licensing

7-28 period.

7-29 [5.] 7. If application for transfer of registration is not made

7-30 within 60 days after the destruction or transfer of ownership of or

7-31 interest in any vehicle, the license plate or plates must be

7-32 surrendered to the Department on or before the 60th day for

7-33 cancelation of the registration.

7-34 [6. If a person cancels his registration and surrenders to the

7-35 Department his license plates for a vehicle, the Department shall

7-36 issue to the person a refund of the portion of the registration fee and

7-37 governmental services tax paid on the vehicle attributable to the

7-38 remainder of the current calendar year or registration period on a pro

7-39 rata basis.]

7-40 Sec. 7. NRS 483.245 is hereby amended to read as follows:

7-41 483.245 1. When a person becomes a resident of Nevada as

7-42 defined in this chapter and chapter 482 of NRS he must, within 30

7-43 days, obtain a Nevada driver’s license as a prerequisite to driving

7-44 any motor vehicle in the State of Nevada.

8-1 2. Where a person who applies for a license provides the

8-2 documentation required pursuant to subsection 2 of NRS 483.250

8-3 and has a valid driver’s license from a state which has requirements

8-4 for issuance of drivers’ licenses comparable to those of the State of

8-5 Nevada, the Department may issue a Nevada license under the same

8-6 terms and conditions applicable to a renewal of a license in this

8-7 state.

8-8 3. In carrying out the provisions of this chapter, the Director is

8-9 authorized to enter into reciprocal agreements with appropriate

8-10 officials of other states concerning the licensing of drivers of motor

8-11 vehicles.

8-12 Sec. 8. NRS 483.250 is hereby amended to read as follows:

8-13 483.250 The Department shall not issue any license pursuant to

8-14 the provisions of NRS 483.010 to 483.630, inclusive:

8-15 1. To any person who is under the age of 18 years, except that

8-16 the Department may issue:

8-17 (a) A restricted license to a person between the ages of 14 and

8-18 18 years pursuant to the provisions of NRS 483.267 and 483.270.

8-19 (b) An instruction permit to a person who is at least 15 1/2 years

8-20 of age pursuant to the provisions of subsection 1 of NRS 483.280.

8-21 (c) A restricted instruction permit to a person under the age of

8-22 18 years pursuant to the provisions of subsection 3 of NRS 483.280.

8-23 (d) Except as otherwise provided in paragraph (e), a license to a

8-24 person between the ages of 15 3/4 and 18 years if:

8-25 (1) He has completed a course:

8-26 (I) In automobile driver education pursuant to NRS

8-27 389.090; or

8-28 (II) Provided by a school for training drivers licensed

8-29 pursuant to NRS 483.700 to 483.780, inclusive, if the course

8-30 complies with the applicable regulations governing the

8-31 establishment, conduct and scope of automobile driver education

8-32 adopted by the State Board of Education pursuant to NRS 389.090;

8-33 (2) He has at least 50 hours of experience in driving a motor

8-34 vehicle with a restricted license, instruction permit or restricted

8-35 instruction permit issued pursuant to NRS 483.267, 483.270 or

8-36 483.280;

8-37 (3) His parent or legal guardian signs and submits to the

8-38 Department a form provided by the Department which attests that

8-39 the person who wishes to obtain the license has completed the

8-40 training and experience required by subparagraphs (1) and (2); and

8-41 (4) He has held an instruction permit for at least:

8-42 (I) Ninety days before he applies for the license, if he was

8-43 under the age of 16 years at the time he obtained the instruction

8-44 permit;

9-1 (II) Sixty days before he applies for the license, if he was

9-2 at least 16 years of age but less than 17 years of age at the time he

9-3 obtained the instruction permit; or

9-4 (III) Thirty days before he applies for the license, if he

9-5 was at least 17 years of age but less than 18 years of age at the time

9-6 he obtained the instruction permit.

9-7 (e) A license to a person who is between the ages of 15 3/4 and

9-8 18 years if:

9-9 (1) The public school in which he is enrolled is located in a

9-10 county whose population is less than 50,000 or in a city or town

9-11 whose population is less than 25,000;

9-12 (2) The public school does not offer automobile driver

9-13 education;

9-14 (3) He has at least 50 hours of experience in driving a motor

9-15 vehicle with a restricted license, instruction permit or restricted

9-16 instruction permit issued pursuant to NRS 483.267, 483.270 or

9-17 483.280;

9-18 (4) His parent or legal guardian signs and submits to the

9-19 Department a form provided by the Department which attests that

9-20 the person who wishes to obtain the license has completed the

9-21 experience required by subparagraph (3); and

9-22 (5) He has held an instruction permit for at least:

9-23 (I) Ninety days before he applies for the license, if he was

9-24 under the age of 16 years at the time he obtained the instruction

9-25 permit;

9-26 (II) Sixty days before he applies for the license, if he was

9-27 at least 16 years of age but less than 17 years of age at the time he

9-28 obtained the instruction permit; or

9-29 (III) Thirty days before he applies for the license, if he

9-30 was at least 17 years of age but less than 18 years of age at the time

9-31 he obtained the instruction permit.

9-32 2. To any person who is a new resident of this state unless the

9-33 person provides to the Department:

9-34 (a) Proof that he has registered each vehicle he owns which is

9-35 operated in this state, as required by NRS 482.385; or

9-36 (b) A signed affidavit in which he:

9-37 (1) Attests that he does not own any vehicle which is

9-38 operated in this state; or

9-39 (2) Sets forth facts which show that he is, in accordance

9-40 with the laws of this state, exempt from the requirement to register

9-41 each vehicle he owns which is operated in this state.

9-42 3. To any person whose license has been revoked until the

9-43 expiration of the period during which he is not eligible for a license.

10-1 [3.] 4. To any person whose license has been suspended, but

10-2 upon good cause shown to the Administrator, the Department may

10-3 issue a restricted license to him or shorten any period of suspension.

10-4 [4.] 5. To any person who has previously been adjudged to be

10-5 afflicted with or suffering from any mental disability or disease and

10-6 who has not at the time of application been restored to legal

10-7 capacity.

10-8 [5.] 6. To any person who is required by NRS 483.010 to

10-9 483.630, inclusive, to take an examination, unless he has

10-10 successfully passed the examination.

10-11 [6.] 7. To any person when the Administrator has good cause

10-12 to believe that by reason of physical or mental disability that person

10-13 would not be able to operate a motor vehicle safely.

10-14 [7.] 8. To any person who is not a resident of this state.

10-15 [8.] 9. To any child who is the subject of a court order issued

10-16 pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS

10-17 62.2255, 62.226 or 62.228 which delays his privilege to drive.

10-18 [9.] 10. To any person who is the subject of a court order

10-19 issued pursuant to NRS 206.330 which suspends or delays his

10-20 privilege to drive until the expiration of the period of suspension or

10-21 delay.

10-22 Sec. 9. NRS 371.070 is hereby amended to read as follows:

10-23 371.070 Upon [vehicles registered] the registration for the first

10-24 time in this state after the beginning of the registration year[,] of a

10-25 vehicle which is registered pursuant to the provisions of NRS

10-26 706.801 to 706.861, inclusive, or which has a declared gross

10-27 weight in excess of 26,000 pounds, the amount of the governmental

10-28 services tax must be reduced one-twelfth for each month which has

10-29 elapsed since the beginning of such year.

10-30 Sec. 10. NRS 371.080 is hereby amended to read as follows:

10-31 371.080 If any vehicle which is registered pursuant to the

10-32 provisions of NRS 706.801 to 706.861, inclusive, or has a declared

10-33 gross weight in excess of 26,000 pounds, and which is exempt from

10-34 the governmental services tax pursuant to NRS 371.100 ceases to be

10-35 exempt after the beginning of the registration year by reason of a

10-36 change of ownership, the amount of the tax must be reduced one-

10-37 twelfth for each month which has elapsed since the beginning of that

10-38 year.

10-39 Sec. 11. This act becomes effective upon passage and

10-40 approval.

10-41 H