Senate Bill No. 479–Committee on Transportation

 

(On Behalf of the Nevada Supreme Court)

 

March 24, 2003

____________

 

Referred to Committee on Transportation

 

SUMMARY—Authorizes Department of Motor Vehicles to require payment of certain outstanding criminal fines and fees before registering motor vehicles. (BDR 43‑618)

 

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; authorizing the Department of Motor Vehicles to require the payment of certain outstanding criminal fines and fees before registering a motor vehicle; authorizing a court to file a notice of such outstanding fines and fees with the Department of Motor Vehicles; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 482 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  1.  The Department shall not renew the registration of a motor

1-4  vehicle if a court has filed with the Department a notice of

1-5  nonpayment pursuant to NRS 176.064 unless, at the time for

1-6  renewal of the registration, the registered owner of the motor

1-7  vehicle provides the Department with a receipt issued by the court

1-8  pursuant to subsection 4.

1-9  2.  If the registered owner provides a receipt to the

1-10  Department pursuant to subsection 1 and complies with the other

2-1  requirements of this chapter, the Department shall renew the

2-2  registration of the motor vehicle.

2-3  3.  Upon request of the registered owner of a motor vehicle,

2-4  the Department shall provide a copy of the notice of nonpayment

2-5  filed with the Department by the court pursuant to NRS 176.064.

2-6  4.  If a court files with the Department a notice of

2-7  nonpayment pursuant to NRS 176.064 and the registered owner of

2-8  the motor vehicle for which the Department received the notice

2-9  pays the court the entire amount of the fine, fee, assessment or

2-10  restitution imposed by the court against the registered owner, the

2-11  court shall issue to the registered owner a receipt which indicates

2-12  that the fine, fee, assessment or restitution has been paid.

2-13      Sec. 2.  NRS 176.064 is hereby amended to read as follows:

2-14      176.064  1.  If a fine, administrative assessment, fee or

2-15  restitution is imposed upon a defendant pursuant to this chapter,

2-16  whether or not the fine, administrative assessment, fee or restitution

2-17  is in addition to any other punishment, and the fine, administrative

2-18  assessment, fee or restitution or any part of it remains unpaid after

2-19  the time established by the court for its payment, the defendant is

2-20  liable for a collection fee, to be imposed by the court at the time it

2-21  finds that the fine, administrative assessment, fee or restitution is

2-22  delinquent, of:

2-23      (a) Not more than $100, if the amount of the delinquency is less

2-24  than $2,000.

2-25      (b) Not more than $500, if the amount of the delinquency is

2-26  $2,000 or greater, but is less than $5,000.

2-27      (c) Ten percent of the amount of the delinquency, if the amount

2-28  of the delinquency is $5,000 or greater.

2-29      2.  A state or local entity that is responsible for collecting a

2-30  delinquent fine, administrative assessment, fee or restitution may, in

2-31  addition to attempting to collect the fine, administrative assessment,

2-32  fee or restitution through any other lawful means, take any or all of

2-33  the following actions:

2-34      (a) Report the delinquency to reporting agencies that assemble

2-35  or evaluate information concerning credit.

2-36      (b) Request that the court take appropriate action pursuant to

2-37  subsection 3.

2-38      (c) Contract with a collection agency licensed pursuant to NRS

2-39  649.075 to collect the delinquent amount and the collection fee. The

2-40  collection agency must be paid as compensation for its services an

2-41  amount not greater than the amount of the collection fee imposed

2-42  pursuant to subsection 1, in accordance with the provisions of the

2-43  contract.

2-44      3.  The court may, on its own motion or at the request of a state

2-45  or local entity that is responsible for collecting the delinquent fine,

3-1  administrative assessment, fee or restitution, take any or all of the

3-2  following actions, in the following order of priority if practicable:

3-3  (a) Request that a prosecuting attorney undertake collection of

3-4  the delinquency, including, without limitation, the original amount

3-5  and the collection fee, by attachment or garnishment of the

3-6  defendant’s property, wages or other money receivable.

3-7  (b) Order the suspension of the driver’s license of the defendant.

3-8  If the defendant does not possess a driver’s license, the court may

3-9  prohibit the defendant from applying for a driver’s license for a

3-10  specified period. If the defendant is already the subject of a court

3-11  order suspending or delaying the issuance of his driver’s license, the

3-12  court may order the additional suspension or delay, as appropriate,

3-13  to apply consecutively with the previous order. At the time the court

3-14  issues an order suspending the driver’s license of a defendant

3-15  pursuant to this paragraph, the court shall require the defendant to

3-16  surrender to the court all driver’s licenses then held by the

3-17  defendant. The court shall, within 5 days after issuing the order,

3-18  forward to the Department of Motor Vehicles the licenses, together

3-19  with a copy of the order. At the time the court issues an order

3-20  pursuant to this paragraph delaying the ability of a defendant to

3-21  apply for a driver’s license, the court shall, within 5 days after

3-22  issuing the order, forward to the Department of Motor Vehicles a

3-23  copy of the order. The Department of Motor Vehicles shall report a

3-24  suspension pursuant to this paragraph to an insurance company or

3-25  its agent inquiring about the defendant’s driving record, but such a

3-26  suspension must not be considered for the purpose of rating or

3-27  underwriting.

3-28      (c) If the defendant is the registered owner of a motor vehicle,

3-29  file a notice of nonpayment of the fine, fee, assessment or

3-30  restitution with the Department of Motor Vehicles. The notice

3-31  must include:

3-32          (1) The number of the license plate and the make and

3-33  model year of each vehicle registered in the name of the

3-34  defendant;

3-35          (2) The amount of any fine, fee, assessment or restitution

3-36  owing, including the collection fee imposed pursuant to subsection

3-37  1; and

3-38          (3) Any other information the Department of Motor

3-39  Vehicles may require.

3-40  The Department of Motor Vehicles shall adopt regulations which

3-41  prescribe the form for the notice of nonpayment and any

3-42  information which must be included in that notice.

3-43      (d) For a delinquent fine or administrative assessment, order the

3-44  confinement of the person in the appropriate prison, jail or detention

3-45  facility, as provided in NRS 176.065 and 176.075.

4-1  4.  Money collected from a collection fee imposed pursuant to

4-2  subsection 1 must be distributed in the following manner:

4-3  (a) Except as otherwise provided in paragraph (d), if the money

4-4  is collected by or on behalf of a municipal court, the money must be

4-5  deposited in a special fund in the appropriate city treasury. The city

4-6  may use the money in the fund only to develop and implement a

4-7  program for the collection of fines, administrative assessments, fees

4-8  and restitution.

4-9  (b) Except as otherwise provided in paragraph (d), if the money

4-10  is collected by or on behalf of a justice’s court or district court, the

4-11  money must be deposited in a special fund in the appropriate county

4-12  treasury. The county may use the money in the special fund only to

4-13  develop and implement a program for the collection of fines,

4-14  administrative assessments, fees and restitution.

4-15      (c) Except as otherwise provided in paragraph (d), if the money

4-16  is collected by a state entity, the money must be deposited in an

4-17  account, which is hereby created in the State Treasury. The Court

4-18  Administrator may use the money in the account only to develop

4-19  and implement a program for the collection of fines, administrative

4-20  assessments, fees and restitution in this state.

4-21      (d) If the money is collected by a collection agency, after the

4-22  collection agency has been paid its fee pursuant to the terms of the

4-23  contract, any remaining money must be deposited in the state, city

4-24  or county treasury, whichever is appropriate, to be used only for the

4-25  purposes set forth in paragraph (a), (b) or (c) of this subsection.

4-26      Sec. 3.  This act becomes effective on July 1, 2003.

 

4-27  H