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.

 

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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; 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.

1-13      3.  Upon the application of the owner of a fleet of vehicles, the

1-14  Director may permit him to register his fleet on the basis of a

1-15  calendar year.

2-1  4.  When the registration of any vehicle is transferred pursuant

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

2-3  expiration date of each regular license plate, special license plate or

2-4  substitute decal must, at the time of the transfer of registration, be

2-5  advanced for a period of 12 consecutive months beginning:

2-6  (a) The first day of the month after the transfer, if the vehicle is

2-7  transferred by an agent of the Department; or

2-8  (b) The day after the transfer in all other cases,

2-9  and a credit on the portion of the fee for registration and the

2-10  governmental services tax attributable to the remainder of the

2-11  current period of registration must be allowed pursuant to

2-12  the applicable provisions of NRS [482.3667, 482.379 and] 482.399.

2-13      Sec. 2.  NRS 482.260 is hereby amended to read as follows:

2-14      482.260  1.  When registering a vehicle, the Department and

2-15  its agents or a registered dealer shall:

2-16      (a) Collect the fees for license plates and registration as

2-17  provided for in this chapter.

2-18      (b) [Collect] Except as otherwise provided in NRS 482.321,

2-19  collect the governmental services tax on the vehicle, as agent for the

2-20  county where the applicant intends to base the vehicle for the period

2-21  of registration, unless the vehicle is deemed to have no base.

2-22      (c) Collect the applicable taxes imposed pursuant to chapters

2-23  372, 374, 377 and 377A of NRS.

2-24      (d) Issue a certificate of registration.

2-25      (e) If the registration is performed by the Department, issue the

2-26  regular license plate or plates.

2-27      (f) If the registration is performed by a registered dealer, provide

2-28  information to the owner regarding the manner in which the regular

2-29  license plate or plates will be made available to him.

2-30      2.  Upon proof of ownership satisfactory to the Director, he

2-31  shall cause to be issued a certificate of ownership as provided in this

2-32  chapter.

2-33      3.  [Every] Except as otherwise provided in NRS 371.070,

2-34  every vehicle being registered for the first time in Nevada must be

2-35  taxed for the purposes of the governmental services tax for a

2-36  12‑month period.

2-37      4.  The Department shall deduct and withhold 2 percent of the

2-38  taxes collected pursuant to paragraph (c) of subsection 1 and remit

2-39  the remainder to the Department of Taxation.

2-40      5.  A registered dealer shall forward all fees and taxes collected

2-41  for the registration of vehicles to the Department.

2-42      Sec. 3.  NRS 482.3667 is hereby amended to read as follows:

2-43      482.3667  1.  The Department shall establish, design and

2-44  otherwise prepare for issue personalized prestige license plates and

3-1  shall establish all necessary procedures not inconsistent with this

3-2  section for the application and issuance of such license plates.

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

3-4  plates, upon payment of the prescribed fee, to any person who

3-5  otherwise complies with the laws relating to the registration and

3-6  licensing of motor vehicles or trailers for use on private passenger

3-7  cars, motorcycles, trucks or trailers.

3-8  3.  Personalized prestige license plates are valid for 12 months

3-9  and are renewable upon expiration. These plates may be transferred

3-10  from one vehicle or trailer to another if the transfer and registration

3-11  fees are paid as set out in this chapter. [Any person transferring

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

3-13  month remaining unused from the previous registration, applicable

3-14  to the fees which are for the registration year for which the plates

3-15  are being transferred.]

3-16      4.  In case of any conflict, the person who first made

3-17  application for personalized prestige license plates and has

3-18  continuously renewed them by payment of the required fee has

3-19  priority.

3-20      5.  The Department may limit by regulation the number of

3-21  letters and numbers used and prohibit the use of inappropriate letters

3-22  or combinations of letters and numbers.

3-23      6.  The Department shall not assign to any person not holding

3-24  the relevant office any letters and numbers denoting that the holder

3-25  holds a public office.

3-26      Sec. 4.  NRS 482.379 is hereby amended to read as follows:

3-27      482.379  1.  The Director may order the design and

3-28  preparation of license plates which commemorate the 125th

3-29  anniversary of Nevada’s admission into the Union and establish the

3-30  procedures for the application and issuance of the plates.

3-31      2.  The Department may designate any colors, numbers and

3-32  letters for the commemorative plates.

3-33      3.  A person who is entitled to license plates pursuant to NRS

3-34  482.265 may apply for commemorative license plates.

3-35      4.   The fee for the commemorative license plates is $10, in

3-36  addition to all other applicable registration and license fees and

3-37  governmental services taxes. If a person is eligible for and applies

3-38  for any special license plates issued pursuant to NRS 482.3667,

3-39  482.3672, 482.3675, 482.368 or 482.370 to 482.3825, inclusive, and

3-40  applies to have those special license plates combined with

3-41  commemorative plates, the person must pay the fees for the special

3-42  license plates in addition to the fee for the commemorative plates.

3-43      5.  In addition to all fees for the license, registration and

3-44  governmental services taxes, a person who is eligible for and applies

3-45  for commemorative plates must pay $25 for the celebration of the

4-1  125th anniversary of Nevada’s admission into the Union. The fees

4-2  for the license, registration, and governmental services taxes and the

4-3  charge for the celebration may be paid with a single check.

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

4-5  of $10.

4-6  7.  If during a registration year, the holder of commemorative

4-7  plates issued pursuant to the provisions of this section disposes of

4-8  the vehicle to which the plates are affixed, he may retain the plates

4-9  and:

4-10      (a) Within 30 days after removing the plates from the vehicle,

4-11  return them to the Department; or

4-12      (b) Affix them to another vehicle which meets the requirements

4-13  of this section if the transfer and registration fees are paid as is

4-14  provided for in this chapter. [A person who transfers plates must be

4-15  allowed a one-twelfth reduction in fees for each calendar month

4-16  remaining unused from the previous registration.]

4-17      8.  Except as otherwise provided by subsection 10, if a

4-18  commemorative license plate or set of license plates issued pursuant

4-19  to the provisions of this section is lost, stolen or mutilated, the

4-20  owner of the vehicle may secure a replacement license plate or set

4-21  of replacement license plates, as the case may be, from the

4-22  Department upon payment of the fees set forth in subsection 2 of

4-23  NRS 482.500.

4-24      9.  The Department shall, for each set of commemorative

4-25  license plates that it issues:

4-26      (a) Deposit the $25 collected for the celebration of the 125th

4-27  anniversary of Nevada’s admission into the Union with the State

4-28  Treasurer for credit to the Account for Nevada’s 125th Anniversary

4-29  in the State General Fund;

4-30      (b) Deposit $7.50 with the State Treasurer for credit to the

4-31  Motor Vehicle Fund pursuant to the provisions of NRS 482.180;

4-32  and

4-33      (c) Deposit $2.50 with the State Treasurer for credit to the

4-34  Department to reimburse the Department for the cost of

4-35  manufacturing the license plates.

4-36      10.  The Department shall not:

4-37      (a) Issue the commemorative license plates after October 31,

4-38  1990.

4-39      (b) Issue replacement commemorative license plates after

4-40  June 30, 1995.

4-41      Sec. 5.  NRS 482.385 is hereby amended to read as follows:

4-42      482.385  1.  Except as otherwise provided in subsection 4 and

4-43  NRS 482.390, a nonresident owner of a vehicle of a type subject to

4-44  registration pursuant to the provisions of this chapter, owning any

4-45  vehicle which has been registered for the current year in the state,

5-1  country or other place of which the owner is a resident and which at

5-2  all times when operated in this state has displayed upon it the

5-3  registration license plate issued for the vehicle in the place of

5-4  residence of the owner, may operate or permit the operation of the

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

5-6  to the provisions of this chapter and without the payment of any

5-7  registration fees to this state.

5-8  2.  This section does not:

5-9  (a) Prohibit the use of manufacturers’, distributors’ or dealers’

5-10  license plates issued by any state or country by any nonresident in

5-11  the operation of any vehicle on the public highways of this state.

5-12      (b) Require registration of vehicles of a type subject to

5-13  registration pursuant to the provisions of this chapter operated by

5-14  nonresident common motor carriers of persons or property, contract

5-15  motor carriers of persons or property, or private motor carriers of

5-16  property as stated in NRS 482.390.

5-17      (c) Require registration of a vehicle operated by a border state

5-18  employee.

5-19      3.  When a person, formerly a nonresident, becomes a resident

5-20  of this state, he shall:

5-21      (a) Within 30 days after becoming a resident; or

5-22      (b) At the time he obtains his driver’s license,

5-23  whichever occurs earlier, apply for the registration of [any vehicle

5-24  which] each vehicle he owns [and] which is operated in this state.

5-25  When a person, formerly a nonresident, applies for a driver’s

5-26  license in this state, the Department shall inform the person of the

5-27  requirements imposed by this subsection and of the penalties that

5-28  may be imposed for failure to comply with the provisions of this

5-29  subsection. In addition, the Department shall maintain or cause to

5-30  be maintained a list or other record of persons who fail to comply

5-31  with the provisions of this subsection and shall, at least once each

5-32  month, provide a copy of that list or record to the Department of

5-33  Public Safety.

5-34      4.  Any resident operating [a motor vehicle] upon a highway of

5-35  this state a motor vehicle which is owned by a nonresident and

5-36  which is furnished to the resident operator for his continuous use

5-37  within this state, shall cause that vehicle to be registered within 30

5-38  days after beginning its operation within this state.

5-39      5.  A person registering a vehicle pursuant to the provisions of

5-40  subsection 3, 4 or 6 [of this section] or pursuant to NRS 482.390

5-41  [must] :

5-42      (a) Must be assessed the registration fees and governmental

5-43  services tax, as required by the provisions of this chapter and

5-44  chapter 371 of NRS[. He must] ; and

6-1  (b) Must not be allowed credit on those taxes and fees for the

6-2  unused months of his previous registration.

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

6-4  owner shall immediately apply to the Department for registration,

6-5  except as otherwise provided in NRS 482.390, 482.395 and 706.801

6-6  to 706.861, inclusive.

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

6-8  this section shall surrender the existing nonresident license plates

6-9  and registration certificates to the Department for cancellation.

6-10      8.  A vehicle may be cited for a violation of this section

6-11  regardless of whether it is in operation or is parked on a highway, in

6-12  a public parking lot or on private property which is open to the

6-13  public if, after communicating with the owner or operator of the

6-14  vehicle, the peace officer issuing the citation determines that:

6-15      (a) The owner of the vehicle is a resident of this state; or

6-16      (b) The vehicle is used in this state for a gainful purpose.

6-17      Sec. 6.  NRS 482.399 is hereby amended to read as follows:

6-18      482.399  1.  Upon the transfer of the ownership of or interest

6-19  in any vehicle by any holder of a valid registration, or upon

6-20  destruction of the vehicle, the registration expires.

6-21      2.  The holder of the original registration may transfer the

6-22  registration to another vehicle to be registered by him and use the

6-23  same regular license plate or plates [thereon,] or special license

6-24  plate or plates issued pursuant to NRS 482.3667 to 482.3823,

6-25  inclusive, or 482.384, on the vehicle from which the registration is

6-26  being transferred, if the license plate or plates are appropriate for

6-27  the second vehicle, upon filing an application for transfer of

6-28  registration and upon paying the transfer registration fee and the

6-29  excess, if any, of the registration fee and governmental services tax

6-30  on the vehicle to which the registration is transferred over the total

6-31  registration fee and governmental services tax paid on all vehicles

6-32  from which he is transferring his ownership or interest. Except as

6-33  otherwise provided in NRS 482.294, an application for transfer of

6-34  registration must be made in person, if practicable, to any office or

6-35  agent of the Department or to a registered dealer, and the license

6-36  plate or plates may not be used upon a second vehicle until

6-37  registration of that vehicle is complete.

6-38      3.  In computing the governmental services tax, the

6-39  Department, its agent or the registered dealer shall credit the portion

6-40  of the tax paid on the first vehicle attributable to the remainder of

6-41  the current registration period or calendar year on a pro rata monthly

6-42  basis against the tax due on the second vehicle or on any other

6-43  vehicle of which the person is the registered owner. If any person

6-44  transfers his ownership or interest in two or more vehicles, the

6-45  Department or the registered dealer shall credit the portion of the tax

7-1  paid on all of the vehicles attributable to the remainder of the

7-2  current registration period or calendar year on a pro rata monthly

7-3  basis against the tax due on the vehicle to which the registration is

7-4  transferred or on any other vehicle of which the person is the

7-5  registered owner. The certificates of registration and unused license

7-6  plates of the vehicles from which a person transfers his ownership or

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

7-8  on the vehicle to which the registration is transferred or on any other

7-9  vehicle of which the person is the registered owner.

7-10      [3.] 4.  In computing the registration fee, the Department or its

7-11  agent or the registered dealer shall credit the portion of the

7-12  registration fee paid on each vehicle attributable to the remainder of

7-13  the current calendar year or registration period on a pro rata basis

7-14  against the registration fee due on the vehicle to which registration

7-15  is transferred.

7-16      5.  If the amount owed on the registration fee or governmental

7-17  services tax on [that] the vehicle to which registration is

7-18  transferred is less than the credit on the total registration fee or

7-19  governmental services tax paid on all vehicles from which a person

7-20  transfers his ownership or interest, [the Department shall issue to the

7-21  person a refund in an amount equal to the difference between the

7-22  amount owed on the registration fee or governmental services tax on

7-23  that vehicle and the credit on the total registration fee or

7-24  governmental services tax paid on all vehicles from which a person

7-25  transfers his ownership or interest.

7-26      4.] no refund may be allowed by the Department.

7-27      6.  If the license plate or plates are not appropriate for the

7-28  second vehicle, the plate or plates must be surrendered to the

7-29  Department or registered dealer and an appropriate plate or plates

7-30  must be issued by the Department. The Department shall not reissue

7-31  the surrendered plate or plates until the next succeeding licensing

7-32  period.

7-33      [5.] 7.  If application for transfer of registration is not made

7-34  within 60 days after the destruction or transfer of ownership of or

7-35  interest in any vehicle, the license plate or plates must be

7-36  surrendered to the Department on or before the 60th day for

7-37  cancellation of the registration.

7-38      8. If a person cancels his registration and surrenders to the

7-39  Department his license plates for a vehicle, the Department shall , in

7-40  accordance with the provisions of subsection 9, issue to the person

7-41  a refund of the portion of the registration fee and governmental

7-42  services tax paid on the vehicle attributable to the remainder of the

7-43  current calendar year or registration period on a pro rata basis.

7-44      9.  The Department shall issue a refund pursuant to

7-45  subsection 8 only if the request for a refund is made at the time the

8-1  registration is cancelled and the license plates are surrendered, the

8-2  person requesting the refund is a resident of Nevada, the amount

8-3  eligible for refund exceeds $100, and evidence satisfactory to the

8-4  Department is submitted that reasonably proves the existence of

8-5  extenuating circumstances. For the purposes of this subsection,

8-6  the term “extenuating circumstances” means circumstances

8-7  wherein:

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

8-9  and has sold or otherwise disposed of his vehicle.

8-10      (b) The vehicle has been determined to be inoperable and the

8-11  person does not transfer the registration to a different vehicle.

8-12      (c) The owner of the vehicle is seriously ill or has died and the

8-13  guardians or survivors have sold or otherwise disposed of the

8-14  vehicle.

8-15      (d) Any other event occurs which the Department, by

8-16  regulation, has defined to constitute an “extenuating

8-17  circumstance” for the purposes of this subsection.

8-18      Sec. 7.  NRS 371.070 is hereby amended to read as follows:

8-19      371.070  Upon [vehicles registered] the registration for the first

8-20  time in this state after the beginning of the registration year[,] of a

8-21  vehicle which is registered pursuant to the provisions of NRS

8-22  706.801 to 706.861, inclusive, or which has a declared gross

8-23  weight in excess of 26,000 pounds, the amount of the governmental

8-24  services tax must be reduced one-twelfth for each month which has

8-25  elapsed since the beginning of such year.

8-26      Sec. 8.  NRS 371.080 is hereby amended to read as follows:

8-27      371.080  If any vehicle which is registered pursuant to the

8-28  provisions of NRS 706.801 to 706.861, inclusive, or has a declared

8-29  gross weight in excess of 26,000 pounds, and which is exempt from

8-30  the governmental services tax pursuant to NRS 371.100 ceases to be

8-31  exempt after the beginning of the registration year by reason of a

8-32  change of ownership, the amount of the tax must be reduced one-

8-33  twelfth for each month which has elapsed since the beginning of that

8-34  year.

8-35      Sec. 9.  1.  This section and sections 1 to 4, inclusive, 6, 7 and

8-36  8 of this act become effective upon passage and approval.

8-37      2.  Section 5 of this act becomes effective on July 1, 2004.

 

8-38  H