REQUIRES TWO-THIRDS MAJORITY VOTE (§§ 10, 14)       

                                                 (Reprinted with amendments adopted on April 21, 2003)

 

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 certain 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] ;

5-9       (3) A driver’s license issued by another state , [or] the

5-10  District of Columbia or any territory of the United States;

5-11          (4) A passport issued by the United States Government; or

5-12          (5) Any other proof acceptable to the Department other than

5-13  a passport issued by a foreign government.

5-14      3.  At the time of applying for a driver’s license, an applicant

5-15  may, if eligible, register to vote pursuant to NRS 293.524.

5-16      4.  Every applicant who has been assigned a social security

5-17  number must furnish proof of his social security number by

5-18  displaying:

5-19      (a) An original card issued to the applicant by the Social

5-20  Security Administration bearing the social security number of the

5-21  applicant; or

5-22      (b) Other proof acceptable to the Department, including, [but not

5-23  limited to,] without limitation, records of employment or federal

5-24  income tax returns.

5-25      Sec. 8.  NRS 483.473 is hereby amended to read as follows:

5-26      483.473  1.  As used in this section, “traffic violation” means

5-27  conviction of a moving traffic violation in any municipal court,

5-28  justice’s court or district court in this state. The term includes a

5-29  finding by a juvenile court that a child has violated a traffic law or

5-30  ordinance other than one governing standing or parking. The term

5-31  does not include a conviction or a finding by a juvenile court of a

5-32  violation of the speed limit posted by a public authority under the

5-33  circumstances described in subsection 1 of NRS 484.3685.

5-34      2.  The Department shall establish a uniform system of demerit

5-35  points for various traffic violations occurring within this state

5-36  affecting the driving privilege of any [holder of] person who holds

5-37  a driver’s license issued by the Department[.] and persons deemed

5-38  to have future driving privileges pursuant to section 2 of this act.

5-39  The system must be based on the accumulation of demerits during a

5-40  period of 12 months.

5-41      3.  The system must be uniform in its operation , and the

5-42  Department shall set up a schedule of demerits for each traffic

5-43  violation, depending upon the gravity of the violation, on a scale of

5-44  one demerit point for a minor violation of any traffic law to eight

5-45  demerit points for an extremely serious violation of the law

6-1  governing traffic violations. If a conviction of two or more traffic

6-2  violations committed on a single occasion is obtained, points must

6-3  be assessed for one offense, and if the point values differ, points

6-4  must be assessed for the offense having the greater point value.

6-5  Details of the violation must be submitted to the Department by the

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

6-7  provide for a graduated system of demerits within each category of

6-8  violations according to the extent to which the traffic law was

6-9  violated.

6-10      Sec. 9.  NRS 483.475 is hereby amended to read as follows:

6-11      483.475  1.  Except as otherwise provided in this subsection,

6-12  when a [driver] person who holds a driver’s license has

6-13  accumulated 3 or more demerit points, but less than 12, the

6-14  Department shall notify him of this fact. If, after the Department

6-15  mails the notice, the driver presents proof to the Department that he

6-16  has successfully completed a course of traffic safety approved by

6-17  the Department and a statement signed by him which indicates that

6-18  the successful completion of the course was not required pursuant to

6-19  a plea agreement, the Department shall cancel not more than 3

6-20  demerit points from his driving record. If the driver accumulates 12

6-21  or more demerit points before completing the course of traffic

6-22  safety, he will not be entitled to have demerit points cancelled upon

6-23  the completion of the course, but must have his license suspended.

6-24  A person may attend a course only once in 12 months for the

6-25  purpose of reducing his demerit points. The 3 demerit points may

6-26  only be cancelled from a driver’s record during the 12-month period

6-27  immediately following the driver’s successful completion of the

6-28  course of traffic safety. The provisions of this subsection do not

6-29  apply to a person whose successful completion of a course of traffic

6-30  safety was required pursuant to a plea agreement.

6-31      2.  Any reduction of demerit points applies only to the demerit

6-32  record of the driver and does not affect his driving record with the

6-33  Department or his insurance record.

6-34      3.  The Department shall use a cumulative period for the

6-35  suspension of licenses pursuant to subsection 1. The periods of

6-36  suspension are:

6-37      (a) For the first accumulation of 12 demerit points during a

6-38  12-month period, 6 months. A driver whose license is suspended

6-39  pursuant to this paragraph is eligible for a restricted license during

6-40  the suspension.

6-41      (b) For the second accumulation within 3 years of 12 demerit

6-42  points during a 12-month period, 1 year. A driver whose license is

6-43  suspended pursuant to this paragraph is eligible for a restricted

6-44  license during the suspension.

7-1  (c) For the third accumulation within 5 years of 12 demerit

7-2  points during a 12-month period, 1 year. A driver whose license is

7-3  suspended pursuant to this paragraph is not eligible for a restricted

7-4  license during the suspension.

7-5  4.  The Department shall suspend for 1 year the license of a

7-6  driver who is convicted of a sixth traffic offense within 5 years if all

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

7-8  points. A driver whose license is suspended pursuant to this

7-9  subsection is not eligible for a restricted license during the

7-10  suspension.

7-11      5.  If the Department determines by its records that the license

7-12  of a driver must be suspended pursuant to this section, it shall notify

7-13  the driver by mail that his privilege to drive is subject to suspension.

7-14      6.  Except as otherwise provided in subsection 7, the

7-15  Department shall suspend the license 30 days after it mails the

7-16  notice required by subsection 5.

7-17      7.  If a written request for a hearing is received by the

7-18  Department:

7-19      (a) The suspension of the license is stayed until a determination

7-20  is made by the Department after the hearing.

7-21      (b) The hearing must be held within 45 days after the request is

7-22  received in the county where the driver resides unless he and the

7-23  Department agree that the hearing may be held in some other

7-24  county. The scope of the hearing must be limited to whether the

7-25  records of the Department accurately reflect the driving history of

7-26  the driver.

7-27      Sec. 10.  NRS 483.820 is hereby amended to read as follows:

7-28      483.820  1.  A person who applies for an identification card in

7-29  accordance with the provisions of NRS 483.810 to 483.890,

7-30  inclusive, and section 4 of this act, is entitled to receive an

7-31  identification card if he is:

7-32      (a) A resident of this state and is 10 years of age or older and

7-33  does not hold a valid driver’s license or identification card from any

7-34  state or jurisdiction; or

7-35      (b) A seasonal resident who does not hold a valid Nevada

7-36  driver’s license.

7-37      2.  The Department shall charge and collect the following fees

7-38  for the issuance of an original, duplicate or changed identification

7-39  card:

 

7-40  An original or duplicate identification card issued

7-41  to a person 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  person at least 18 years of age, but less than 65

8-7  years of age.............................................. 9

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

 

8-9  3.  The Department shall not charge a fee for [an] :

8-10      (a) An identification card issued to a person who has voluntarily

8-11  surrendered his driver’s license pursuant to NRS 483.420 [.] ; or

8-12      (b) A renewal of an identification card for a person 65 years of

8-13  age or older.

8-14      4.  The increase in fees authorized in NRS 483.347 must be

8-15  paid in addition to the fees charged pursuant to this section.

8-16      5.  As used in this section, “photograph” has the meaning

8-17  ascribed to it in NRS 483.125.

8-18      Sec. 11.  NRS 483.840 is hereby amended to read as follows:

8-19      483.840  1.  The form of the identification cards must be

8-20  similar to that of drivers’ licenses but distinguishable in color or

8-21  otherwise.

8-22      2.  Identification cards do not authorize the operation of any

8-23  motor vehicles.

8-24      3.  Identification cards must include the following information

8-25  concerning the holder:

8-26      (a) The name and sample signature of the holder.

8-27      (b) A unique identification number assigned to the holder that is

8-28  not based on the holder’s social security number.

8-29      (c) A personal description of the holder.

8-30      (d) The date of birth of the holder.

8-31      (e) The current address of the holder in this state.

8-32      (f ) A colored photograph of the holder.

8-33      4.  The information required to be included on the identification

8-34  card pursuant to subsection 3 must be placed on the card in the

8-35  manner specified in subsection 1 of NRS 483.347.

8-36      5.  At the time of the issuance or renewal of the identification

8-37  card, the Department shall:

8-38      (a) Give the holder the opportunity to indicate on his

8-39  identification card that he wishes to be a donor of all or part of his

8-40  body pursuant to NRS 451.500 to 451.590, inclusive, or that he

8-41  refuses to make an anatomical gift of his body or part of his body;

8-42      (b) Give the holder the opportunity to indicate whether he

8-43  wishes to donate $1 or more to the Anatomical Gift Account created

8-44  by NRS 460.150; and

9-1  (c) Provide to each holder who is interested in becoming a donor

9-2  information relating to anatomical gifts, including the procedure for

9-3  registration as a donor with The Living Bank International or its

9-4  successor organization.

9-5  6.  If the holder wishes to make a donation to the Anatomical

9-6  Gift Account, the Department shall collect the donation and deposit

9-7  the money collected in the State Treasury for credit to the

9-8  Anatomical Gift Account.

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

9-10  International, or its successor organization, information from the

9-11  records of the Department relating to persons who have

9-12  identification cards issued by the Department that indicate the

9-13  intention of those persons to make an anatomical gift. The

9-14  Department shall adopt regulations to carry out the provisions of

9-15  this subsection.

9-16      8.  As used in this section, “photograph” has the meaning

9-17  ascribed to it in NRS 483.125.

9-18      Sec. 12.  NRS 483.860 is hereby amended to read as follows:

9-19      483.860  1.  Every applicant for an identification card must

9-20  furnish proof of his name and age by presenting a birth certificate

9-21  issued by a state [or] , a political subdivision of a state, the District

9-22  of Columbia or any territory of the United States, or other proof of

9-23  the applicant’s date of birth, including, but not limited to, a driver’s

9-24  license issued by another state , [or] the District of Columbia[, or a

9-25  baptismal certificate and] or any territory of the United States, or

9-26  such other corroboration of the matters stated in his application as

9-27  are required of applicants for a driver’s license[.] pursuant to

9-28  NRS 483.290.

9-29      2.  Every applicant who has been assigned a social security

9-30  number must furnish proof of his social security number by

9-31  displaying:

9-32      (a) An original card issued to the applicant by the Social

9-33  Security Administration bearing the [applicant’s] social security

9-34  number[;] of the applicant; or

9-35      (b) Other proof acceptable to the Department, including, [but not

9-36  limited to,] without limitation, records of employment or federal

9-37  income tax returns.

9-38      Sec. 13.  NRS 483.870 is hereby amended to read as follows:

9-39      483.870  1.  [An] Except as otherwise provided in section 4 of

9-40  this act, an identification card that is issued to:

9-41      (a) A seasonal resident remains valid until its expiration date so

9-42  long as the person does not become licensed in Nevada to drive a

9-43  motor vehicle and the facts and circumstances declared in the

9-44  application and stated on the card do not change. An identification

10-1  card must be surrendered by a seasonal resident upon issuance of a

10-2  Nevada driver’s license.

10-3      (b) A resident remains valid until its expiration date so long as

10-4  the person does not become licensed in any state or jurisdiction to

10-5  drive a motor vehicle and the facts and circumstances declared in

10-6  the application and stated on the card do not change.An

10-7  identification card must be surrendered by a resident upon issuance

10-8  of a driver’s license from any state or jurisdiction.

10-9      2.  The holder of an identification card shall promptly report

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

10-11  in the card to the Department.

10-12     3.  Any change occurring in the holder’s address or name as the

10-13  result of marriage or otherwise or any loss of an identification card

10-14  must be reported within [10] 30 days after the occurrence to the

10-15  Department.

10-16     Sec. 14.  NRS 483.910 is hereby amended to read as follows:

10-17     483.910  1.  The Department shall charge and collect the

10-18  following fees:

 

10-19  For an original commercial driver’s license which

10-20  requires the Department to administer a driving

10-21  skills test............................................. $84

10-22  For an original commercial driver’s license which

10-23  does not require the Department to administer a

10-24  driving skills test.................................. 54

10-25  For renewal of a commercial driver’s license

10-26  which requires the Department to administer a

10-27  driving skills test.................................. 84

10-28  For renewal of a commercial driver’s license

10-29  which does not require the Department to

10-30  administer a driving skills test............. 54

10-31  For reinstatement of a commercial driver’s

10-32  license after suspension or revocation of the

10-33  license for a violation of NRS 484.379 or

10-34  484.3795, or pursuant to NRS 484.384 and

10-35  484.385, or pursuant to 49 C.F.R. §

10-36  383.51(b)(2)(i) or (ii).......................... 84

10-37  For reinstatement of a commercial driver’s

10-38  license after suspension, revocation, cancellation

10-39  or disqualification of the license, except a

10-40  suspension or revocation for a violation of NRS

10-41  484.379 or 484.3795, or pursuant to NRS

10-42  484.384 and 484.385, or pursuant to 49 C.F.R. §

10-43  383.51(b)(2)(i) or (ii).......................... 54

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

11-2  from another jurisdiction, which requires the

11-3  Department to administer adriving skills test$84

11-4  For the transfer of a commercial driver’s license

11-5  from another jurisdiction, which does not require

11-6  the Department to administer a driving skills test    54

11-7  For a duplicate commercial driver’s license   19

11-8  For any change of information on a commercial

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

11-10  For each endorsement added after the issuance of

11-11  an original commercial driver’s license14

11-12  For the administration of a driving skills test to

11-13  change any information on, or add an

11-14  endorsement to, an existing commercial driver’s

11-15  license................................................... 30

 

11-16     2.  The Department shall charge and collect an annual fee of

11-17  $555 from each person who is authorized by the Department to

11-18  administer a driving skills test pursuant to NRS 483.912.

11-19     3.  An additional charge of $3 must be charged for each

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

11-21  test.

11-22     4.  An additional charge of $25 must be charged for each

11-23  driving skills test administered to a person who has twice failed the

11-24  test.

11-25     5.  The increase in fees authorized in NRS 483.347 must be

11-26  paid in addition to the fees charged pursuant to this section.

11-27     6.  The department shall charge an applicant for a hazardous

11-28  materials endorsement an additional fee for the processing of

11-29  fingerprints. The Department shall establish the additional fee by

11-30  regulation, except that the amount of the additional fee must not

11-31  exceed the sum of the amount charged by the Central Repository

11-32  for Nevada Records of Criminal History and each applicable

11-33  federal agency to process the fingerprints for a background check

11-34  of the applicant in accordance with Section 1012 of the Uniting

11-35  and Strengthening America by Providing Appropriate Tools

11-36  Required to Intercept and Obstruct Terrorism Act (USA PATRIOT

11-37  ACT) of 2001, 49 U.S.C. § 5103a.

11-38     Sec. 15.  NRS 483.928 is hereby amended to read as follows:

11-39     483.928  A person who wishes to be issued a commercial

11-40  driver’s license by this state must:

11-41     1.  Apply to the Department for a commercial driver’s license;

11-42     2.  In accordance with standards contained in regulations

11-43  adopted by the Department:

12-1      (a) Pass a knowledge test for the type of motor vehicle he

12-2  operates or expects to operate; and

12-3      (b) Pass a driving skills test for driving a commercial motor

12-4  vehicle taken in a motor vehicle which is representative of the type

12-5  of motor vehicle he operates or expects to operate; [and]

12-6      3.  Comply with all other requirements contained in the

12-7  regulations adopted by the Department pursuant to NRS 483.908[.]

12-8  ; and

12-9      4.  For the issuance of a commercial driver’s license with an

12-10  endorsement for hazardous materials, submit a complete set of

12-11  fingerprints and written permission authorizing the Department to

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

12-13  Records of Criminal History and all applicable federal agencies to

12-14  process the fingerprints for a background check of the applicant

12-15  in accordance with Section 1012 of the Uniting and Strengthening

12-16  America by Providing Appropriate Tools Required to Intercept

12-17  and Obstruct Terrorism Act (USA PATRIOT ACT) of 2001, 49

12-18  U.S.C. § 5103a.

12-19     Sec. 16.  NRS 484.3765 is hereby amended to read as follows:

12-20     484.3765  1.  A driver commits an offense of aggressive

12-21  driving if, during any single, continuous period of driving within the

12-22  course of 1 mile, the driver does all the following, in any sequence:

12-23     (a) Commits one or more acts of speeding in violation of NRS

12-24  484.361 or 484.366.

12-25     (b) Commits two or more of the following acts, in any

12-26  combination, or commits any of the following acts more than once:

12-27         (1) Failing to obey an official traffic-control device in

12-28  violation of NRS 484.278.

12-29         (2) Overtaking and passing another vehicle upon the right by

12-30  driving off the paved portion of the highway in violation of

12-31  NRS 484.297.

12-32         (3) Improper or unsafe driving upon a highway that has

12-33  marked lanes for traffic in violation of NRS 484.305.

12-34         (4) Following another vehicle too closely in violation of

12-35  NRS 484.307.

12-36         (5) Failing to yield the right-of-way in violation of any

12-37  provision of NRS 484.315 to 484.323, inclusive.

12-38     (c) Creates an immediate hazard, regardless of its duration, to

12-39  another vehicle or to another person, whether or not the other person

12-40  is riding in or upon the vehicle of the driver or any other vehicle.

12-41     2.  A driver may be prosecuted and convicted of an offense of

12-42  aggressive driving in violation of subsection 1 whether or not the

12-43  driver is prosecuted or convicted for committing any of the acts

12-44  described in paragraphs (a) and (b) of subsection 1.

13-1      3.  A driver who commits an offense of aggressive driving in

13-2  violation of subsection 1 is guilty of a misdemeanor. In addition to

13-3  any other penalty:

13-4      (a) For the first offense within 2 years, the court shall order the

13-5  driver to attend, at his own expense, a course of traffic safety

13-6  approved by the Department and may issue an order suspending the

13-7  driver’s license of the driver for a period of not more than 30 days.

13-8      (b) For a second or subsequent offense within 2 years, the court

13-9  shall issue an order revoking the driver’s license of the driver for a

13-10  period of 1 year.

13-11     4.  To determine whether the provisions of paragraph (a) or (b)

13-12  of subsection 3 apply to one or more offenses of aggressive driving,

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

13-14  driving was committed.

13-15     5.  If the driver is already the subject of any other order

13-16  suspending or revoking his driver’s license, the court shall order the

13-17  additional period of suspension or revocation, as appropriate, to

13-18  apply consecutively with the previous order.

13-19     6.  If the court issues an order suspending or revoking the

13-20  driver’s license of the driver pursuant to this section, the court shall

13-21  require the driver to surrender to the court all driver’s licenses then

13-22  held by the driver. The court shall, within 5 days after issuing the

13-23  order, forward the driver’s licenses and a copy of the order to the

13-24  Department.

13-25     7.  If the driver successfully completes a course of traffic safety

13-26  ordered pursuant to this section, the Department shall cancel three

13-27  demerit points from his driving record in accordance with NRS

13-28  483.475[,] or section 3 of this act, as appropriate, unless the driver

13-29  would not otherwise be entitled to have those demerit points

13-30  cancelled pursuant to the provisions of that section.

13-31     8.  This section does not preclude the suspension or revocation

13-32  of the driver’s license of the driver , or the suspension of the future

13-33  driving privileges of a person, pursuant to any other provision of

13-34  law.

13-35     Sec. 17.  NRS 486.081 is hereby amended to read as follows:

13-36     486.081  1.  Every application for a motorcycle driver’s

13-37  license must be made upon a form furnished by the Department and

13-38  must be verified by the applicant before a person authorized to

13-39  administer oaths. Officers and employees of the Department may

13-40  administer those oaths without charge.

13-41     2.  Every application must:

13-42     (a) State the full name, date of birth, sex and residence address

13-43  of the applicant;

13-44     (b) Briefly describe the applicant;

14-1      (c) State whether the applicant has previously been licensed as a

14-2  driver, and, if so, when and by what state or country;

14-3      (d) State whether any such license has ever been suspended or

14-4  revoked, or whether an application has ever been refused, and, if so,

14-5  the date of and reason for such suspension, revocation or refusal;

14-6  and

14-7      (e) Give such other information as the Department requires to

14-8  determine the competency and eligibility of the applicant.

14-9      3.  Every applicant shall furnish proof of his name and age by

14-10  displaying[:] an original or certified copy of at least one of the

14-11  following documents:

14-12     (a) If he was born in the United States, [a certified state-issued

14-13  birth certificate, baptismal certificate, driver’s license issued by

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

14-15  Columbia or [other proof acceptable to the Department;] any

14-16  territory of the United States:

14-17         (1) A birth certificate issued by a state, a political

14-18  subdivision of a state, the District of Columbia or any territory of

14-19  the United States;

14-20         (2) A driver’s license issued by another state, the District of

14-21  Columbia or any territory of the United States;

14-22         (3) A passport issued by the United States Government;

14-23         (4) A military identification card or military dependent

14-24  identification card issued by any branch of the Armed Forces of

14-25  the United States;

14-26         (5) For persons who served in any branch of the Armed

14-27  Forces of the United States, a report of separation;

14-28         (6) A Certificate of Degree of Indian Blood issued by the

14-29  United States Government; or

14-30         (7) Such other documentation as specified by the

14-31  Department by regulation; or

14-32     (b) If he was born outside the United States : [, a:]

14-33         (1) A Certificate of Citizenship, Certificate of Naturalization,

14-34  [Arrival-Departure Record, Alien Registration Receipt Card, United

14-35  States Citizen Identification Card or Letter of Authorization]

14-36  Permanent Resident Card or Temporary Resident Card issued by

14-37  the Immigration and Naturalization Service of the Department of

14-38  Justice;

14-39         (2) A Consular Report of Birth Abroad [of a United States

14-40  Citizen Child] issued by the Department of State;

14-41         (3) [Driver’s] A driver’s license issued by another state , [or]

14-42  the District of Columbia [; or

14-43         (4) Passport] or any territory of the United States;

14-44         (4) A passport issued by the United States Government[.] ;

14-45  or

15-1          (5) Any other proof acceptable to the Department other

15-2  than a passport issued by a foreign government.

15-3      4.  Every applicant who has been assigned a social security

15-4  number must furnish proof of his social security number by

15-5  displaying:

15-6      (a) An original card issued to the applicant by the Social

15-7  Security Administration bearing the social security number of the

15-8  applicant; or

15-9      (b) Other proof acceptable to the Department, including,

15-10  without limitation, records of employment or federal income tax

15-11  returns.

15-12     Sec. 18.  NRS 293.524 is hereby amended to read as follows:

15-13     293.524  1.  The Department of Motor Vehicles shall provide

15-14  an application to register to vote to each person who applies for the

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

15-16  identification card[.] issued by the Department.

15-17     2.  The county clerk shall use the applications to register to vote

15-18  which are signed and completed pursuant to subsection 1 to register

15-19  applicants to vote or to correct information in the registrar of voters’

15-20  register. An application that is not signed must not be used to

15-21  register or correct the registration of the applicant.

15-22     3.  For the purposes of this section, each employee specifically

15-23  authorized to do so by the Director of the Department may oversee

15-24  the completion of an application. The authorized employee shall

15-25  check the application for completeness and verify the information

15-26  required by the application. Each application must include a

15-27  duplicate copy or receipt to be retained by the applicant upon

15-28  completion of the form. The Department shall, except as otherwise

15-29  provided in this subsection, forward each application on a weekly

15-30  basis to the county clerk or, if applicable, to the registrar of voters of

15-31  the county in which the applicant resides. During the 2 weeks

15-32  immediately preceding the close of registration for an election, the

15-33  applications must be forwarded daily.

15-34     4.  The county clerk shall accept any application to register to

15-35  vote which is completed by the last day to register if he receives the

15-36  application not later than 5 days after the close of registration. Upon

15-37  receipt of an application, the county clerk or field registrar of voters

15-38  shall determine whether the application is complete. If he

15-39  determines that the application is complete, he shall notify the

15-40  applicant and the applicant shall be deemed to be registered as of

15-41  the date of the submission of the application. If he determines that

15-42  the application is not complete, he shall notify the applicant of the

15-43  additional information required. The applicant shall be deemed to be

15-44  registered as of the date of the initial submission of the application if

15-45  the additional information is provided within 15 days after the

16-1  notice for the additional information is mailed. If the applicant has

16-2  not provided the additional information within 15 days after the

16-3  notice for the additional information is mailed, the incomplete

16-4  application is void. Any notification required by this subsection

16-5  must be given by mail at the mailing address on the application not

16-6  more than 7 working days after the determination is made

16-7  concerning whether the application is complete.

16-8      5.  The county clerk shall use any form submitted to the

16-9  Department to correct information on a driver’s license or

16-10  identification card to correct information in the registrar of voters’

16-11  register, unless the person indicates on the form that the correction

16-12  is not to be used for the purposes of voter registration. The

16-13  Department shall forward each such form to the county clerk or, if

16-14  applicable, to the registrar of voters of the county in which the

16-15  person resides in the same manner provided by subsection 3 for

16-16  applications to register to vote.

16-17     6.  Upon receipt of a form to correct information, the county

16-18  clerk shall compare the information to that contained in the registrar

16-19  of voters’ register. If the person is a registered voter, the county

16-20  clerk shall correct the information to reflect any changes indicated

16-21  on the form. After making any changes, the county clerk shall notify

16-22  the person by mail that his records have been corrected.

16-23     7.  The Secretary of State shall, with the approval of the

16-24  Director, adopt regulations to:

16-25     (a) Establish any procedure necessary to provide an elector who

16-26  applies to register to vote pursuant to this section the opportunity to

16-27  do so;

16-28     (b) Prescribe the contents of any forms or applications which the

16-29  Department is required to distribute pursuant to this section; and

16-30     (c) Provide for the transfer of the completed applications of

16-31  registration from the Department to the appropriate county clerk for

16-32  inclusion in the election board registers and registrar of voters’

16-33  register.

16-34     Sec. 19.  The provisions of section 4 of this act do not apply to

16-35  an identification card issued by the Department of Motor Vehicles

16-36  on or before September 30, 2003, except that if such an

16-37  identification card is presented to the Department on or after

16-38  October 1, 2003, for any transaction other than the surrender of the

16-39  identification card for cancellation, the identification card shall be

16-40  deemed to have been issued on the date on which it is presented to

16-41  the Department and the Department shall place an expiration date on

16-42  the identification card in accordance with section 4 of this act.

16-43     Sec. 20.  1.  This section and sections 14 and 15 of this act

16-44  become effective upon passage and approval.

17-1      2.  Sections 1 to 13, inclusive, and 16 to 19, inclusive, of this

17-2  act become effective on October 1, 2003.

 

17-3  H