*                                              (Reprinted with amendments adopted on April 4, 2003)

 

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.

 

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; revising the provision which directs the issuance of certain pro rata refunds for registrations transferred or cancelled 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      8. If a person cancels his registration and surrenders to the

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

7-36  accordance with the provisions of subsection 9, issue to the person

7-37  a refund of the portion of the registration fee and governmental

7-38  services tax paid on the vehicle attributable to the remainder of the

7-39  current calendar year or registration period on a pro rata basis.

7-40      9.  The Department shall issue a refund pursuant to

7-41  subsection 8 only if the request for a refund is made at the time the

7-42  registration is cancelled and the license plates are surrendered, the

7-43  person requesting the refund is a resident of Nevada, the amount

7-44  eligible for refund exceeds $100, and evidence satisfactory to the

7-45  Department is submitted that reasonably proves the existence of

8-1  extenuating circumstances. For the purposes of this subsection,

8-2  the term “extenuating circumstances” means circumstances

8-3  wherein:

8-4  (a) The person has recently relinquished his driver’s license

8-5  and has sold or otherwise disposed of his vehicle.

8-6  (b) The vehicle has been determined to be inoperable and the

8-7  person does not transfer the registration to a different vehicle.

8-8  (c) The owner of the vehicle is seriously ill or has died and the

8-9  guardians or survivors have sold or otherwise disposed of the

8-10  vehicle.

8-11      (d) Any other event occurs which the Department, by

8-12  regulation, has defined to constitute an “extenuating

8-13  circumstance” for the purposes of this subsection.

8-14      Sec. 7.  NRS 483.245 is hereby amended to read as follows:

8-15      483.245  1.  When a person becomes a resident of Nevada as

8-16  defined in this chapter and chapter 482 of NRS he must, within 30

8-17  days, obtain a Nevada driver’s license as a prerequisite to driving

8-18  any motor vehicle in the State of Nevada.

8-19      2.  Where a person who applies for a license provides the

8-20  documentation required pursuant to subsection 2 of NRS 483.250

8-21  and has a valid driver’s license from a state which has requirements

8-22  for issuance of drivers’ licenses comparable to those of the State of

8-23  Nevada, the Department may issue a Nevada license under the same

8-24  terms and conditions applicable to a renewal of a license in this

8-25  state.

8-26      3.  In carrying out the provisions of this chapter, the Director is

8-27  authorized to enter into reciprocal agreements with appropriate

8-28  officials of other states concerning the licensing of drivers of motor

8-29  vehicles.

8-30      Sec. 8.  NRS 483.250 is hereby amended to read as follows:

8-31      483.250  The Department shall not issue any license pursuant to

8-32  the provisions of NRS 483.010 to 483.630, inclusive:

8-33      1.  To any person who is under the age of 18 years, except that

8-34  the Department may issue:

8-35      (a) A restricted license to a person between the ages of 14 and

8-36  18 years pursuant to the provisions of NRS 483.267 and 483.270.

8-37      (b) An instruction permit to a person who is at least 15 1/2 years

8-38  of age pursuant to the provisions of subsection 1 of NRS 483.280.

8-39      (c) A restricted instruction permit to a person under the age of

8-40  18 years pursuant to the provisions of subsection 3 of NRS 483.280.

8-41      (d) Except as otherwise provided in paragraph (e), a license to a

8-42  person between the ages of 15 3/4 and 18 years if:

8-43          (1) He has completed a course:

8-44              (I) In automobile driver education pursuant to NRS

8-45  389.090; or

9-1           (II) Provided by a school for training drivers licensed

9-2  pursuant to NRS 483.700 to 483.780, inclusive, if the course

9-3  complies with the applicable regulations governing the

9-4  establishment, conduct and scope of automobile driver education

9-5  adopted by the State Board of Education pursuant to NRS 389.090;

9-6       (2) He has at least 50 hours of experience in driving a motor

9-7  vehicle with a restricted license, instruction permit or restricted

9-8  instruction permit issued pursuant to NRS 483.267, 483.270 or

9-9  483.280;

9-10          (3) His parent or legal guardian signs and submits to the

9-11  Department a form provided by the Department which attests that

9-12  the person who wishes to obtain the license has completed the

9-13  training and experience required by subparagraphs (1) and (2); and

9-14          (4) He has held an instruction permit for at least:

9-15              (I) Ninety days before he applies for the license, if he was

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

9-17  permit;

9-18              (II) Sixty days before he applies for the license, if he was

9-19  at least 16 years of age but less than 17 years of age at the time he

9-20  obtained the instruction permit; or

9-21              (III) Thirty days before he applies for the license, if he

9-22  was at least 17 years of age but less than 18 years of age at the time

9-23  he obtained the instruction permit.

9-24      (e) A license to a person who is between the ages of 15 3/4 and

9-25  18 years if:

9-26          (1) The public school in which he is enrolled is located in a

9-27  county whose population is less than 50,000 or in a city or town

9-28  whose population is less than 25,000;

9-29          (2) The public school does not offer automobile driver

9-30  education;

9-31          (3) He has at least 50 hours of experience in driving a motor

9-32  vehicle with a restricted license, instruction permit or restricted

9-33  instruction permit issued pursuant to NRS 483.267, 483.270 or

9-34  483.280;

9-35          (4) His parent or legal guardian signs and submits to the

9-36  Department a form provided by the Department which attests that

9-37  the person who wishes to obtain the license has completed the

9-38  experience required by subparagraph (3); and

9-39          (5) He has held an instruction permit for at least:

9-40              (I) Ninety days before he applies for the license, if he was

9-41  under the age of 16 years at the time he obtained the instruction

9-42  permit;

9-43              (II) Sixty days before he applies for the license, if he was

9-44  at least 16 years of age but less than 17 years of age at the time he

9-45  obtained the instruction permit; or

10-1              (III) Thirty days before he applies for the license, if he

10-2  was at least 17 years of age but less than 18 years of age at the time

10-3  he obtained the instruction permit.

10-4      2.  To any person who is a new resident of this state unless the

10-5  person provides to the Department:

10-6      (a) Proof that he has registered each vehicle he owns which is

10-7  operated in this state, as required by NRS 482.385; or

10-8      (b) A signed affidavit in which he:

10-9          (1) Attests that he does not own any vehicle which is

10-10  operated in this state; or

10-11         (2) Sets forth facts which show that he is, in accordance

10-12  with the laws of this state, exempt from the requirement to register

10-13  each vehicle he owns which is operated in this state.

10-14     3.  To any person whose license has been revoked until the

10-15  expiration of the period during which he is not eligible for a license.

10-16     [3.] 4.  To any person whose license has been suspended, but

10-17  upon good cause shown to the Administrator, the Department may

10-18  issue a restricted license to him or shorten any period of suspension.

10-19     [4.] 5.  To any person who has previously been adjudged to be

10-20  afflicted with or suffering from any mental disability or disease and

10-21  who has not at the time of application been restored to legal

10-22  capacity.

10-23     [5.] 6.  To any person who is required by NRS 483.010 to

10-24  483.630, inclusive, to take an examination, unless he has

10-25  successfully passed the examination.

10-26     [6.] 7.  To any person when the Administrator has good cause

10-27  to believe that by reason of physical or mental disability that person

10-28  would not be able to operate a motor vehicle safely.

10-29     [7.] 8.  To any person who is not a resident of this state.

10-30     [8.] 9.  To any child who is the subject of a court order issued

10-31  pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS

10-32  62.2255, 62.226 or 62.228 which delays his privilege to drive.

10-33     [9.] 10.  To any person who is the subject of a court order

10-34  issued pursuant to NRS 206.330 which suspends or delays his

10-35  privilege to drive until the expiration of the period of suspension or

10-36  delay.

10-37     Sec. 9.  NRS 371.070 is hereby amended to read as follows:

10-38     371.070  Upon [vehicles registered] the registration for the first

10-39  time in this state after the beginning of the registration year[,] of a

10-40  vehicle which is registered pursuant to the provisions of NRS

10-41  706.801 to 706.861, inclusive, or which has a declared gross

10-42  weight in excess of 26,000 pounds, the amount of the governmental

10-43  services tax must be reduced one-twelfth for each month which has

10-44  elapsed since the beginning of such year.

 

11-1      Sec. 10.  NRS 371.080 is hereby amended to read as follows:

11-2      371.080  If any vehicle which is registered pursuant to the

11-3  provisions of NRS 706.801 to 706.861, inclusive, or has a declared

11-4  gross weight in excess of 26,000 pounds, and which is exempt from

11-5  the governmental services tax pursuant to NRS 371.100 ceases to be

11-6  exempt after the beginning of the registration year by reason of a

11-7  change of ownership, the amount of the tax must be reduced one-

11-8  twelfth for each month which has elapsed since the beginning of that

11-9  year.

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

11-11  approval.

 

11-12  H