requires two-thirds majority vote (§§ 10, 14)                                                                                                        

                                                                                                  

 

Senate Bill No. 483–Committee on Transportation

 

(On Behalf of the Department of Motor Vehicles)

 

March 24, 2003

____________

 

Referred to Committee on Transportation

 

SUMMARY—Revises provisions regarding identification cards, drivers’ licenses and driving privileges. (BDR 43‑483)

 

FISCAL NOTE:    Effect on Local Government: No.

                             Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to the Department of Motor Vehicles; applying the uniform system of demerit points to persons deemed to have future driving privileges; requiring the Department under certain circumstances to suspend the future driving privileges of such persons who accumulate demerit points; revising provisions governing the types of acceptable documentation to establish identification; providing for the expiration and renewal of identification cards; imposing fees for the renewal of identification cards; changing the period for reporting certain changes to or the loss of identification cards; requiring the Department to adopt regulations establishing certain fees for hazardous materials endorsements on commercial drivers’ licenses; 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 483 of NRS is hereby amended by adding

1-2  thereto the provisions set forth as sections 2, 3 and 4 of this act.

1-3  Sec. 2.  A person who does not hold a valid license issued by

1-4  this state or any other state and who operates a vehicle in this state

2-1  shall be deemed to have future driving privileges that may be

2-2  suspended if the person is convicted of any traffic offense in this

2-3  state.

2-4  Sec. 3.  1.  Except as otherwise provided in this subsection,

2-5  when a person deemed to have future driving privileges pursuant

2-6  to section 2 of this act has accumulated 3 or more demerit points,

2-7  but less than 12, the Department shall notify him of this fact. If,

2-8  after the Department mails the notice, the person presents proof to

2-9  the Department that he has successfully completed a course of

2-10  traffic safety approved by the Department and a statement signed

2-11  by him which indicates that the successful completion of the

2-12  course was not required pursuant to a plea agreement, the

2-13  Department shall cancel not more than 3 demerit points from his

2-14  driving record. If such a person accumulates 12 or more demerit

2-15  points before completing the course of traffic safety, he will not be

2-16  entitled to have demerit points cancelled upon the completion of

2-17  the course but must have his future driving privileges suspended.

2-18  A person deemed to have future driving privileges may attend a

2-19  course only once in 12 months for the purpose of reducing his

2-20  demerit points. The 3 demerit points may only be cancelled from

2-21  the driver’s record of the person during the 12-month period

2-22  immediately following his successful completion of the course of

2-23  traffic safety. The provisions of this subsection do not apply to a

2-24  person deemed to have future driving privileges whose successful

2-25  completion of a course of traffic safety was required pursuant to a

2-26  plea agreement.

2-27      2.  Any reduction of demerit points pursuant to this section

2-28  applies only to the demerit record of the person deemed to have

2-29  future driving privileges and otherwise does not affect his driving

2-30  record with the Department or his insurance record.

2-31      3.  Notwithstanding any provision of this title to the contrary,

2-32  if a person deemed to have future driving privileges accumulates

2-33  demerit points, the Department shall suspend those future driving

2-34  privileges:

2-35      (a) For the first accumulation of 12 demerit points during a

2-36  12-month period, for 6 months. Such a person is eligible for a

2-37  restricted license during this 6-month period.

2-38      (b) For the second accumulation within 3 years of 12 demerit

2-39  points during a 12-month period, for 1 year. Such a person is

2-40  eligible for a restricted license during this 1-year period.

2-41      (c) For the third accumulation within 5 years of 12 demerit

2-42  points during a 12-month period, for 1 year. Such a person is not

2-43  eligible for a restricted license during this 1-year period.

2-44      4.  The Department shall suspend for 1 year the future driving

2-45  privileges of a person convicted of a sixth traffic offense within a

3-1  5-year period if all six offenses have been assigned a value of 4 or

3-2  more demerit points. Such a person is not eligible for a restricted

3-3  license during this 1-year period.

3-4  5.  If the Department determines by its records that a person

3-5  deemed to have future driving privileges is not eligible for a

3-6  driver’s license pursuant to this section, the Department shall

3-7  notify the person by mail of that fact.

3-8  6.  Except as otherwise provided in subsection 7, the

3-9  Department shall suspend the future driving privileges of a person

3-10  pursuant to this section 30 days after the date on which the

3-11  Department mails the notice to the person required by

3-12  subsection 5.

3-13      7.  If a written request for a hearing is received by the

3-14  Department:

3-15      (a) The suspension of the future driving privileges of the

3-16  person requesting the hearing is stayed until a determination is

3-17  made by the Department after the hearing.

3-18      (b) The hearing must be held, within 45 days after the request

3-19  is received, in the county in which the person resides unless he

3-20  and the Department agree that the hearing may be held in some

3-21  other county. The scope of the hearing must be limited to whether

3-22  the records of the Department accurately reflect the driving

3-23  history of the person.

3-24      Sec. 4.  1.  Except as otherwise provided in NRS 483.870, an

3-25  identification card and a renewal of an identification card issued

3-26  pursuant to this section and NRS 483.810 to 483.890, inclusive,

3-27  expires on the fourth anniversary of the birthday of the holder of

3-28  the identification card, measured from the birthday nearest the

3-29  date of issuance or renewal. Any applicant whose date of birth was

3-30  on February 29 in a leap year is, for the purposes of this section

3-31  and NRS 483.810 to 483.890, inclusive, considered to have the

3-32  anniversary of his birth fall on February 28.

3-33      2.  An identification card is renewable at any time before its

3-34  expiration upon application and payment of the required fee.

3-35      Sec. 5.  NRS 483.020 is hereby amended to read as follows:

3-36      483.020  As used in NRS 483.010 to 483.630, inclusive, and

3-37  sections 2 and 3 of this act, unless the context otherwise requires,

3-38  the words and terms defined in NRS 483.030 to 483.190, inclusive,

3-39  have the meanings ascribed to them in those sections.

3-40      Sec. 6.  NRS 483.083 is hereby amended to read as follows:

3-41      483.083  “License” [or “license to drive a motor vehicle”]

3-42  means any driver’s license or permit to operate a vehicle issued

3-43  under or granted by the laws of this state, including:

3-44      1.  Any temporary license or instruction permit; and

4-1  2.  The future privilege to drive a vehicle by a person who does

4-2  not hold a driver’s license.

4-3  Sec. 7.  NRS 483.290 is hereby amended to read as follows:

4-4  483.290  1.  Every application for an instruction permit or for

4-5  a driver’s license must:

4-6  (a) Be made upon a form furnished by the Department.

4-7  (b) Be verified by the applicant before a person authorized to

4-8  administer oaths. Officers and employees of the Department may

4-9  administer those oaths without charge.

4-10      (c) Be accompanied by the required fee.

4-11      (d) State the full name, date of birth, sex and residence address

4-12  of the applicant and briefly describe the applicant.

4-13      (e) State whether the applicant has theretofore been licensed as a

4-14  driver, and, if so, when and by what state or country, and whether

4-15  any such license has ever been suspended or revoked, or whether an

4-16  application has ever been refused, and, if so, the date of and reason

4-17  for the suspension, revocation or refusal.

4-18      (f) Include such other information as the Department may

4-19  require to determine the competency and eligibility of the applicant.

4-20      2.  Every applicant must furnish proof of his name and age by

4-21  displaying[:] an original or certified copy of at least one of the

4-22  following documents:

4-23      (a) If the applicant was born in the United States, [a] including,

4-24  without limitation, the District of Columbia or any territory of the

4-25  United States:

4-26          (1) A birth certificate issued by a state [or] , a political

4-27  subdivision of a state, the District of Columbia or [other proof of

4-28  the date of birth of the applicant, including, but not limited to, a]

4-29  any territory of the United States;

4-30          (2) A driver’s license issued by another state , [or] the

4-31  District of Columbia[, or a baptismal certificate and other proof that

4-32  is determined to be necessary and is acceptable to the Department;]

4-33  or any territory of the United States;

4-34          (3) A passport issued by the United States Government;

4-35          (4) A military identification card or military dependent

4-36  identification card issued by any branch of the Armed Forces of

4-37  the United States;

4-38          (5) For persons who served in any branch of the Armed

4-39  Forces of the United States, a report of separation;

4-40          (6) A Certificate of Degree of Indian Blood issued by the

4-41  United States Government; or

4-42          (7) Such other documentation as specified by the

4-43  Department by regulation; or

4-44      (b) If the applicant was born outside the United States[, a ] :

5-1       (1) A Certificate of Citizenship, Certificate of Naturalization,

5-2  [Arrival-Departure Record, Alien Registration Receipt Card, United

5-3  States Citizen Identification Card or Letter of Authorization]

5-4  Permanent Resident Card or Temporary Resident Card issued by

5-5  the Immigration and Naturalization Service of the United States

5-6  Department of Justice [or a] ;

5-7       (2) A Consular Report of Birth Abroad [of a United States

5-8  Citizen Child] issued by the Department of State[, a driver’s license

5-9  issued by another state or the District of Columbia] ;

5-10          (3) A passport issued by the United States Government; or

5-11          (4) Any other proof acceptable to the Department other than

5-12  a passport issued by a foreign government.

5-13      3.  At the time of applying for a driver’s license, an applicant

5-14  may, if eligible, register to vote pursuant to NRS 293.524.

5-15      4.  Every applicant who has been assigned a social security

5-16  number must furnish proof of his social security number by

5-17  displaying:

5-18      (a) An original card issued to the applicant by the Social

5-19  Security Administration bearing the social security number of the

5-20  applicant; or

5-21      (b) Other proof acceptable to the Department, including, [but not

5-22  limited to,] without limitation, records of employment or federal

5-23  income tax returns.

5-24      Sec. 8.  NRS 483.473 is hereby amended to read as follows:

5-25      483.473  1.  As used in this section, “traffic violation” means

5-26  conviction of a moving traffic violation in any municipal court,

5-27  justice’s court or district court in this state. The term includes a

5-28  finding by a juvenile court that a child has violated a traffic law or

5-29  ordinance other than one governing standing or parking. The term

5-30  does not include a conviction or a finding by a juvenile court of a

5-31  violation of the speed limit posted by a public authority under the

5-32  circumstances described in subsection 1 of NRS 484.3685.

5-33      2.  The Department shall establish a uniform system of demerit

5-34  points for various traffic violations occurring within this state

5-35  affecting the driving privilege of any [holder of] person who holds

5-36  a driver’s license issued by the Department[.] and persons deemed

5-37  to have future driving privileges pursuant to section 2 of this act.

5-38  The system must be based on the accumulation of demerits during a

5-39  period of 12 months.

5-40      3.  The system must be uniform in its operation , and the

5-41  Department shall set up a schedule of demerits for each traffic

5-42  violation, depending upon the gravity of the violation, on a scale of

5-43  one demerit point for a minor violation of any traffic law to eight

5-44  demerit points for an extremely serious violation of the law

5-45  governing traffic violations. If a conviction of two or more traffic

6-1  violations committed on a single occasion is obtained, points must

6-2  be assessed for one offense, and if the point values differ, points

6-3  must be assessed for the offense having the greater point value.

6-4  Details of the violation must be submitted to the Department by the

6-5  court where the conviction is obtained. The Department may

6-6  provide for a graduated system of demerits within each category of

6-7  violations according to the extent to which the traffic law was

6-8  violated.

6-9  Sec. 9.  NRS 483.475 is hereby amended to read as follows:

6-10      483.475  1.  Except as otherwise provided in this subsection,

6-11  when a [driver] person who holds a driver’s license has

6-12  accumulated 3 or more demerit points, but less than 12, the

6-13  Department shall notify him of this fact. If, after the Department

6-14  mails the notice, the driver presents proof to the Department that he

6-15  has successfully completed a course of traffic safety approved by

6-16  the Department and a statement signed by him which indicates that

6-17  the successful completion of the course was not required pursuant to

6-18  a plea agreement, the Department shall cancel not more than 3

6-19  demerit points from his driving record. If the driver accumulates 12

6-20  or more demerit points before completing the course of traffic

6-21  safety, he will not be entitled to have demerit points cancelled upon

6-22  the completion of the course, but must have his license suspended.

6-23  A person may attend a course only once in 12 months for the

6-24  purpose of reducing his demerit points. The 3 demerit points may

6-25  only be cancelled from a driver’s record during the 12-month period

6-26  immediately following the driver’s successful completion of the

6-27  course of traffic safety. The provisions of this subsection do not

6-28  apply to a person whose successful completion of a course of traffic

6-29  safety was required pursuant to a plea agreement.

6-30      2.  Any reduction of demerit points applies only to the demerit

6-31  record of the driver and does not affect his driving record with the

6-32  Department or his insurance record.

6-33      3.  The Department shall use a cumulative period for the

6-34  suspension of licenses pursuant to subsection 1. The periods of

6-35  suspension are:

6-36      (a) For the first accumulation of 12 demerit points during a

6-37  12-month period, 6 months. A driver whose license is suspended

6-38  pursuant to this paragraph is eligible for a restricted license during

6-39  the suspension.

6-40      (b) For the second accumulation within 3 years of 12 demerit

6-41  points during a 12-month period, 1 year. A driver whose license is

6-42  suspended pursuant to this paragraph is eligible for a restricted

6-43  license during the suspension.

6-44      (c) For the third accumulation within 5 years of 12 demerit

6-45  points during a 12-month period, 1 year. A driver whose license is

7-1  suspended pursuant to this paragraph is not eligible for a restricted

7-2  license during the suspension.

7-3  4.  The Department shall suspend for 1 year the license of a

7-4  driver who is convicted of a sixth traffic offense within 5 years if all

7-5  six offenses have been assigned a value of four or more demerit

7-6  points. A driver whose license is suspended pursuant to this

7-7  subsection is not eligible for a restricted license during the

7-8  suspension.

7-9  5.  If the Department determines by its records that the license

7-10  of a driver must be suspended pursuant to this section, it shall notify

7-11  the driver by mail that his privilege to drive is subject to suspension.

7-12      6.  Except as otherwise provided in subsection 7, the

7-13  Department shall suspend the license 30 days after it mails the

7-14  notice required by subsection 5.

7-15      7.  If a written request for a hearing is received by the

7-16  Department:

7-17      (a) The suspension of the license is stayed until a determination

7-18  is made by the Department after the hearing.

7-19      (b) The hearing must be held within 45 days after the request is

7-20  received in the county where the driver resides unless he and the

7-21  Department agree that the hearing may be held in some other

7-22  county. The scope of the hearing must be limited to whether the

7-23  records of the Department accurately reflect the driving history of

7-24  the driver.

7-25      Sec. 10.  NRS 483.820 is hereby amended to read as follows:

7-26      483.820  1.  A person who applies for an identification card in

7-27  accordance with the provisions of NRS 483.810 to 483.890,

7-28  inclusive, and section 4 of this act, is entitled to receive an

7-29  identification card if he is:

7-30      (a) A resident of this state and is 10 years of age or older and

7-31  does not hold a valid driver’s license or identification card from any

7-32  state or jurisdiction; or

7-33      (b) A seasonal resident who does not hold a valid Nevada

7-34  driver’s license.

7-35      2.  The Department shall charge and collect the following fees

7-36  for the issuance of an original, duplicate or changed identification

7-37  card:

 

7-38  An original or duplicate identification card issued

7-39  to a person 65 years of age or older..... $4

7-40  A renewal of an identification card for a person

7-41  65 years of age or older......................... 4

7-42  An original or duplicate identification card issued

7-43  to a person under 18 years of age........... 3

8-1  A renewal of an identification card for a person

8-2  under 18 years of age........................... $3

8-3  An original or duplicate identification card issued

8-4  to any other person................................... 9

8-5  A renewal of an identification card for any

8-6  other person ............................................ 9

8-7  A new photograph or change of name, or both          4

 

8-8  3.  The Department shall not charge a fee for an identification

8-9  card issued to a person who has voluntarily surrendered his driver’s

8-10  license pursuant to NRS 483.420.

8-11      4.  The increase in fees authorized in NRS 483.347 must be

8-12  paid in addition to the fees charged pursuant to this section.

8-13      5.  As used in this section, “photograph” has the meaning

8-14  ascribed to it in NRS 483.125.

8-15      Sec. 11.  NRS 483.840 is hereby amended to read as follows:

8-16      483.840  1.  The form of the identification cards must be

8-17  similar to that of drivers’ licenses but distinguishable in color or

8-18  otherwise.

8-19      2.  Identification cards do not authorize the operation of any

8-20  motor vehicles.

8-21      3.  Identification cards must include the following information

8-22  concerning the holder:

8-23      (a) The name and sample signature of the holder.

8-24      (b) A unique identification number assigned to the holder that is

8-25  not based on the holder’s social security number.

8-26      (c) A personal description of the holder.

8-27      (d) The date of birth of the holder.

8-28      (e) The current address of the holder in this state.

8-29      (f ) A colored photograph of the holder.

8-30      4.  The information required to be included on the identification

8-31  card pursuant to subsection 3 must be placed on the card in the

8-32  manner specified in subsection 1 of NRS 483.347.

8-33      5.  At the time of the issuance or renewal of the identification

8-34  card, the Department shall:

8-35      (a) Give the holder the opportunity to indicate on his

8-36  identification card that he wishes to be a donor of all or part of his

8-37  body pursuant to NRS 451.500 to 451.590, inclusive, or that he

8-38  refuses to make an anatomical gift of his body or part of his body;

8-39      (b) Give the holder the opportunity to indicate whether he

8-40  wishes to donate $1 or more to the Anatomical Gift Account created

8-41  by NRS 460.150; and

8-42      (c) Provide to each holder who is interested in becoming a donor

8-43  information relating to anatomical gifts, including the procedure for

9-1  registration as a donor with The Living Bank International or its

9-2  successor organization.

9-3  6.  If the holder wishes to make a donation to the Anatomical

9-4  Gift Account, the Department shall collect the donation and deposit

9-5  the money collected in the State Treasury for credit to the

9-6  Anatomical Gift Account.

9-7  7.  The Department shall submit to The Living Bank

9-8  International, or its successor organization, information from the

9-9  records of the Department relating to persons who have

9-10  identification cards issued by the Department that indicate the

9-11  intention of those persons to make an anatomical gift. The

9-12  Department shall adopt regulations to carry out the provisions of

9-13  this subsection.

9-14      8.  As used in this section, “photograph” has the meaning

9-15  ascribed to it in NRS 483.125.

9-16      Sec. 12.  NRS 483.860 is hereby amended to read as follows:

9-17      483.860  1.  Every applicant for an identification card must

9-18  furnish proof of his name and age by presenting a birth certificate

9-19  issued by a state [or] , a political subdivision of a state, the District

9-20  of Columbia or any territory of the United States, or other proof of

9-21  the applicant’s date of birth, including, but not limited to, a driver’s

9-22  license issued by another state , [or] the District of Columbia[, or a

9-23  baptismal certificate and] or any territory of the United States, or

9-24  such other corroboration of the matters stated in his application as

9-25  are required of applicants for a driver’s license[.] pursuant to

9-26  NRS 483.290.

9-27      2.  Every applicant who has been assigned a social security

9-28  number must furnish proof of his social security number by

9-29  displaying:

9-30      (a) An original card issued to the applicant by the Social

9-31  Security Administration bearing the [applicant’s] social security

9-32  number[;] of the applicant; or

9-33      (b) Other proof acceptable to the Department, including, [but not

9-34  limited to,] without limitation, records of employment or federal

9-35  income tax returns.

9-36      Sec. 13.  NRS 483.870 is hereby amended to read as follows:

9-37      483.870  1.  [An] Except as otherwise provided in section 4 of

9-38  this act, an identification card that is issued to:

9-39      (a) A seasonal resident remains valid until its expiration date so

9-40  long as the person does not become licensed in Nevada to drive a

9-41  motor vehicle and the facts and circumstances declared in the

9-42  application and stated on the card do not change. An identification

9-43  card must be surrendered by a seasonal resident upon issuance of a

9-44  Nevada driver’s license.

10-1      (b) A resident remains valid until its expiration date so long as

10-2  the person does not become licensed in any state or jurisdiction to

10-3  drive a motor vehicle and the facts and circumstances declared in

10-4  the application and stated on the card do not change.An

10-5  identification card must be surrendered by a resident upon issuance

10-6  of a driver’s license from any state or jurisdiction.

10-7      2.  The holder of an identification card shall promptly report

10-8  any change in the information declared in the application and stated

10-9  in the card to the Department.

10-10     3.  Any change occurring in the holder’s address or name as the

10-11  result of marriage or otherwise or any loss of an identification card

10-12  must be reported within [10] 30 days after the occurrence to the

10-13  Department.

10-14     Sec. 14.  NRS 483.910 is hereby amended to read as follows:

10-15     483.910  1.  The Department shall charge and collect the

10-16  following fees:

 

10-17  For an original commercial driver’s license which

10-18  requires the Department to administer a driving

10-19  skills test............................................. $84

10-20  For an original commercial driver’s license which

10-21  does not require the Department to administer a

10-22  driving skills test.................................. 54

10-23  For renewal of a commercial driver’s license

10-24  which requires the Department to administer a

10-25  driving skills test.................................. 84

10-26  For renewal of a commercial driver’s license

10-27  which does not require the Department to

10-28  administer a driving skills test............. 54

10-29  For reinstatement of a commercial driver’s

10-30  license after suspension or revocation of the

10-31  license for a violation of NRS 484.379 or

10-32  484.3795, or pursuant to NRS 484.384 and

10-33  484.385, or pursuant to 49 C.F.R. §

10-34  383.51(b)(2)(i) or (ii).......................... 84

10-35  For reinstatement of a commercial driver’s

10-36  license after suspension, revocation, cancellation

10-37  or disqualification of the license, except a

10-38  suspension or revocation for a violation of NRS

10-39  484.379 or 484.3795, or pursuant to NRS

10-40  484.384 and 484.385, or pursuant to 49 C.F.R. §

10-41  383.51(b)(2)(i) or (ii).......................... 54

10-42  For the transfer of a commercial driver’s license

10-43  from another jurisdiction, which requires the

10-44  Department to administer adriving skills test         84

11-1  For the transfer of a commercial driver’s license

11-2  from another jurisdiction, which does not require

11-3  the Department to administer a driving skills test    $54

11-4  For a duplicate commercial driver’s license   19

11-5  For any change of information on a commercial

11-6  driver’s license......................................... 9

11-7  For each endorsement added after the issuance of

11-8  an original commercial driver’s license14

11-9  For the administration of a driving skills test to

11-10  change any information on, or add an

11-11  endorsement to, an existing commercial driver’s

11-12  license................................................... 30

 

11-13     2.  The Department shall charge and collect an annual fee of

11-14  $555 from each person who is authorized by the Department to

11-15  administer a driving skills test pursuant to NRS 483.912.

11-16     3.  An additional charge of $3 must be charged for each

11-17  knowledge test administered to a person who has twice failed the

11-18  test.

11-19     4.  An additional charge of $25 must be charged for each

11-20  driving skills test administered to a person who has twice failed the

11-21  test.

11-22     5.  The increase in fees authorized in NRS 483.347 must be

11-23  paid in addition to the fees charged pursuant to this section.

11-24     6.  The department shall charge an applicant for a hazardous

11-25  materials endorsement an additional fee for the processing of

11-26  fingerprints. The Department shall establish the additional fee by

11-27  regulation, except that the amount of the additional fee must not

11-28  exceed the sum of the amount charged by the Central Repository

11-29  for Nevada Records of Criminal History and each applicable

11-30  federal agency to process the fingerprints for a background check

11-31  of the applicant in accordance with Section 1012 of the Uniting

11-32  and Strengthening America by Providing Appropriate Tools

11-33  Required to Intercept and Obstruct Terrorism Act (USA PATRIOT

11-34  ACT) of 2001, 49 U.S.C. § 5103a.

11-35     Sec. 15.  NRS 483.928 is hereby amended to read as follows:

11-36     483.928  A person who wishes to be issued a commercial

11-37  driver’s license by this state must:

11-38     1.  Apply to the Department for a commercial driver’s license;

11-39     2.  In accordance with standards contained in regulations

11-40  adopted by the Department:

11-41     (a) Pass a knowledge test for the type of motor vehicle he

11-42  operates or expects to operate; and

12-1      (b) Pass a driving skills test for driving a commercial motor

12-2  vehicle taken in a motor vehicle which is representative of the type

12-3  of motor vehicle he operates or expects to operate; [and]

12-4      3.  Comply with all other requirements contained in the

12-5  regulations adopted by the Department pursuant to NRS 483.908[.]

12-6  ; and

12-7      4.  For the issuance of a commercial driver’s license with an

12-8  endorsement for hazardous materials, submit a complete set of

12-9  fingerprints and written permission authorizing the Department to

12-10  forward the fingerprints to the Central Repository for Nevada

12-11  Records of Criminal History and all applicable federal agencies to

12-12  process the fingerprints for a background check of the applicant

12-13  in accordance with Section 1012 of the Uniting and Strengthening

12-14  America by Providing Appropriate Tools Required to Intercept

12-15  and Obstruct Terrorism Act (USA PATRIOT ACT) of 2001, 49

12-16  U.S.C. § 5103a.

12-17     Sec. 16.  NRS 484.3765 is hereby amended to read as follows:

12-18     484.3765  1.  A driver commits an offense of aggressive

12-19  driving if, during any single, continuous period of driving within the

12-20  course of 1 mile, the driver does all the following, in any sequence:

12-21     (a) Commits one or more acts of speeding in violation of NRS

12-22  484.361 or 484.366.

12-23     (b) Commits two or more of the following acts, in any

12-24  combination, or commits any of the following acts more than once:

12-25         (1) Failing to obey an official traffic-control device in

12-26  violation of NRS 484.278.

12-27         (2) Overtaking and passing another vehicle upon the right by

12-28  driving off the paved portion of the highway in violation of

12-29  NRS 484.297.

12-30         (3) Improper or unsafe driving upon a highway that has

12-31  marked lanes for traffic in violation of NRS 484.305.

12-32         (4) Following another vehicle too closely in violation of

12-33  NRS 484.307.

12-34         (5) Failing to yield the right-of-way in violation of any

12-35  provision of NRS 484.315 to 484.323, inclusive.

12-36     (c) Creates an immediate hazard, regardless of its duration, to

12-37  another vehicle or to another person, whether or not the other person

12-38  is riding in or upon the vehicle of the driver or any other vehicle.

12-39     2.  A driver may be prosecuted and convicted of an offense of

12-40  aggressive driving in violation of subsection 1 whether or not the

12-41  driver is prosecuted or convicted for committing any of the acts

12-42  described in paragraphs (a) and (b) of subsection 1.

12-43     3.  A driver who commits an offense of aggressive driving in

12-44  violation of subsection 1 is guilty of a misdemeanor. In addition to

12-45  any other penalty:

13-1      (a) For the first offense within 2 years, the court shall order the

13-2  driver to attend, at his own expense, a course of traffic safety

13-3  approved by the Department and may issue an order suspending the

13-4  driver’s license of the driver for a period of not more than 30 days.

13-5      (b) For a second or subsequent offense within 2 years, the court

13-6  shall issue an order revoking the driver’s license of the driver for a

13-7  period of 1 year.

13-8      4.  To determine whether the provisions of paragraph (a) or (b)

13-9  of subsection 3 apply to one or more offenses of aggressive driving,

13-10  the court shall use the date on which each offense of aggressive

13-11  driving was committed.

13-12     5.  If the driver is already the subject of any other order

13-13  suspending or revoking his driver’s license, the court shall order the

13-14  additional period of suspension or revocation, as appropriate, to

13-15  apply consecutively with the previous order.

13-16     6.  If the court issues an order suspending or revoking the

13-17  driver’s license of the driver pursuant to this section, the court shall

13-18  require the driver to surrender to the court all driver’s licenses then

13-19  held by the driver. The court shall, within 5 days after issuing the

13-20  order, forward the driver’s licenses and a copy of the order to the

13-21  Department.

13-22     7.  If the driver successfully completes a course of traffic safety

13-23  ordered pursuant to this section, the Department shall cancel three

13-24  demerit points from his driving record in accordance with NRS

13-25  483.475[,] or section 3 of this act, as appropriate, unless the driver

13-26  would not otherwise be entitled to have those demerit points

13-27  cancelled pursuant to the provisions of that section.

13-28     8.  This section does not preclude the suspension or revocation

13-29  of the driver’s license of the driver , or the suspension of the future

13-30  driving privileges of a person, pursuant to any other provision of

13-31  law.

13-32     Sec. 17.  NRS 486.081 is hereby amended to read as follows:

13-33     486.081  1.  Every application for a motorcycle driver’s

13-34  license must be made upon a form furnished by the Department and

13-35  must be verified by the applicant before a person authorized to

13-36  administer oaths. Officers and employees of the Department may

13-37  administer those oaths without charge.

13-38     2.  Every application must:

13-39     (a) State the full name, date of birth, sex and residence address

13-40  of the applicant;

13-41     (b) Briefly describe the applicant;

13-42     (c) State whether the applicant has previously been licensed as a

13-43  driver, and, if so, when and by what state or country;

13-44     (d) State whether any such license has ever been suspended or

13-45  revoked, or whether an application has ever been refused, and, if so,

14-1  the date of and reason for such suspension, revocation or refusal;

14-2  and

14-3      (e) Give such other information as the Department requires to

14-4  determine the competency and eligibility of the applicant.

14-5      3.  Every applicant shall furnish proof of his name and age by

14-6  displaying[:] an original or certified copy of at least one of the

14-7  following documents:

14-8      (a) If he was born in the United States, [a certified state-issued

14-9  birth certificate, baptismal certificate, driver’s license issued by

14-10  another state or] including, without limitation, the District of

14-11  Columbia or [other proof acceptable to the Department;] any

14-12  territory of the United States:

14-13         (1) A birth certificate issued by a state, a political

14-14  subdivision of a state, the District of Columbia or any territory of

14-15  the United States;

14-16         (2) A driver’s license issued by another state, the District of

14-17  Columbia or any territory of the United States;

14-18         (3) A passport issued by the United States Government;

14-19         (4) A military identification card or military dependent

14-20  identification card issued by any branch of the Armed Forces of

14-21  the United States;

14-22         (5) For persons who served in any branch of the Armed

14-23  Forces of the United States, a report of separation;

14-24         (6) A Certificate of Degree of Indian Blood issued by the

14-25  United States Government; or

14-26         (7) Such other documentation as specified by the

14-27  Department by regulation; or

14-28     (b) If he was born outside the United States : [, a:]

14-29         (1) A Certificate of Citizenship, Certificate of Naturalization,

14-30  [Arrival-Departure Record, Alien Registration Receipt Card, United

14-31  States Citizen Identification Card or Letter of Authorization]

14-32  Permanent Resident Card or Temporary Resident Card issued by

14-33  the Immigration and Naturalization Service of the Department of

14-34  Justice;

14-35         (2) A Consular Report of Birth Abroad [of a United States

14-36  Citizen Child] issued by the Department of State;

14-37         (3) [Driver’s license issued by another state or the District of

14-38  Columbia; or

14-39         (4) Passport] A passport issued by the United States

14-40  Government[.] ; or

14-41         (4) Any other proof acceptable to the Department other

14-42  than a passport issued by a foreign government.

14-43     4.  Every applicant who has been assigned a social security

14-44  number must furnish proof of his social security number by

14-45  displaying:

15-1      (a) An original card issued to the applicant by the Social

15-2  Security Administration bearing the social security number of the

15-3  applicant; or

15-4      (b) Other proof acceptable to the Department, including,

15-5  without limitation, records of employment or federal income tax

15-6  returns.

15-7      Sec. 18.  NRS 293.524 is hereby amended to read as follows:

15-8      293.524  1.  The Department of Motor Vehicles shall provide

15-9  an application to register to vote to each person who applies for the

15-10  issuance or renewal of any type of driver’s license or [for an]

15-11  identification card[.] issued by the Department.

15-12     2.  The county clerk shall use the applications to register to vote

15-13  which are signed and completed pursuant to subsection 1 to register

15-14  applicants to vote or to correct information in the registrar of voters’

15-15  register. An application that is not signed must not be used to

15-16  register or correct the registration of the applicant.

15-17     3.  For the purposes of this section, each employee specifically

15-18  authorized to do so by the Director of the Department may oversee

15-19  the completion of an application. The authorized employee shall

15-20  check the application for completeness and verify the information

15-21  required by the application. Each application must include a

15-22  duplicate copy or receipt to be retained by the applicant upon

15-23  completion of the form. The Department shall, except as otherwise

15-24  provided in this subsection, forward each application on a weekly

15-25  basis to the county clerk or, if applicable, to the registrar of voters of

15-26  the county in which the applicant resides. During the 2 weeks

15-27  immediately preceding the close of registration for an election, the

15-28  applications must be forwarded daily.

15-29     4.  The county clerk shall accept any application to register to

15-30  vote which is completed by the last day to register if he receives the

15-31  application not later than 5 days after the close of registration. Upon

15-32  receipt of an application, the county clerk or field registrar of voters

15-33  shall determine whether the application is complete. If he

15-34  determines that the application is complete, he shall notify the

15-35  applicant and the applicant shall be deemed to be registered as of

15-36  the date of the submission of the application. If he determines that

15-37  the application is not complete, he shall notify the applicant of the

15-38  additional information required. The applicant shall be deemed to be

15-39  registered as of the date of the initial submission of the application if

15-40  the additional information is provided within 15 days after the

15-41  notice for the additional information is mailed. If the applicant has

15-42  not provided the additional information within 15 days after the

15-43  notice for the additional information is mailed, the incomplete

15-44  application is void. Any notification required by this subsection

15-45  must be given by mail at the mailing address on the application not

16-1  more than 7 working days after the determination is made

16-2  concerning whether the application is complete.

16-3      5.  The county clerk shall use any form submitted to the

16-4  Department to correct information on a driver’s license or

16-5  identification card to correct information in the registrar of voters’

16-6  register, unless the person indicates on the form that the correction

16-7  is not to be used for the purposes of voter registration. The

16-8  Department shall forward each such form to the county clerk or, if

16-9  applicable, to the registrar of voters of the county in which the

16-10  person resides in the same manner provided by subsection 3 for

16-11  applications to register to vote.

16-12     6.  Upon receipt of a form to correct information, the county

16-13  clerk shall compare the information to that contained in the registrar

16-14  of voters’ register. If the person is a registered voter, the county

16-15  clerk shall correct the information to reflect any changes indicated

16-16  on the form. After making any changes, the county clerk shall notify

16-17  the person by mail that his records have been corrected.

16-18     7.  The Secretary of State shall, with the approval of the

16-19  Director, adopt regulations to:

16-20     (a) Establish any procedure necessary to provide an elector who

16-21  applies to register to vote pursuant to this section the opportunity to

16-22  do so;

16-23     (b) Prescribe the contents of any forms or applications which the

16-24  Department is required to distribute pursuant to this section; and

16-25     (c) Provide for the transfer of the completed applications of

16-26  registration from the Department to the appropriate county clerk for

16-27  inclusion in the election board registers and registrar of voters’

16-28  register.

16-29     Sec. 19.  Notwithstanding the provisions of section 4 of this act

16-30  to the contrary, each identification card issued by the Department of

16-31  Motor Vehicles pursuant to NRS 483.810 to 483.890, inclusive, and

16-32  section 4 of this act, before October 1, 2003, which, pursuant to

16-33  section 4 of this act, would have expired on or before December 31,

16-34  2003, expires on December 31, 2003, unless renewed on or before

16-35  December 31, 2003.

16-36     Sec. 20.  1.  This section and sections 14 and 15 of this act

16-37  become effective upon passage and approval.

16-38     2.  Sections 1 to 13, inclusive, and 16 to 19, inclusive, of this

16-39  act become effective on October 1, 2003.

 

16-40  H