SUMMARY--Revises provisions governing payment of fines for certain traffic violations before registration of motor vehicle is renewed. (BDR 43-523)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to motor vehicles; eliminating the requirement that the department of motor vehicles and public safety collect fines for certain traffic violations before renewing the registration of a motor vehicle; prohibiting the department from renewing the registration of a motor vehicle if the registered owner of the motor vehicle has not provided a receipt to the department indicating that the fines for certain traffic violations have been paid; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 NRS 482.2805 is hereby amended to read as follows:
482.28051. Except as otherwise provided in [this section and NRS 482.2807,] subsection 3, the department shall not renew the registration of a motor vehicle if a local authority has filed with the department a notice of nonpayment pursuant to NRS 484.444 [and the registered owner of the vehicle has not paid the amount set forth in the notice and the administrative fee imposed pursuant to subsection 4,] unless, at [or before] the time for renewal of the registration, the registered owner [pays that amount] of the motor vehicle provides to the department [.
2.] a receipt issued by the local authority pursuant to NRS 482.2807.
2. If the registered owner provides a receipt to the department pursuant to subsection 1 and complies with the other requirements of this chapter, the department shall renew the registration of the motor vehicle.
3. The department shall renew the registration of a motor vehicle owned by a short-term lessor for which the department has received a notice of nonpayment pursuant to NRS 484.444 without [collecting the amount set forth in the notice] requiring the short-term lessor to provide a receipt pursuant to subsection 1 if the short-term lessor submits to the department a certificate issued by a local authority pursuant to subsection [3.
3.] 4.
4. A local authority shall, upon request, issue to a short-term lessor a certificate which requires the department to renew the registration of a motor vehicle owned by the short-term lessor without [collecting the amount set forth in the notice of nonpayment filed with the department by the local authority pursuant to NRS 484.444,] requiring the short-term lessor to provide a receipt pursuant to subsection 1 if the short-term lessor provides the local authority with the name, address and number of the driver's license of the short-term lessee who was leasing the vehicle at the time of the violation.
[4. Except as otherwise provided in NRS 482.2807, the department shall collect from each registered owner who pays to the department the amount set forth in the notice of nonpayment filed with the department by a local agency pursuant to NRS 484.444 an administrative fee of $10, which must be deposited with the state treasurer for credit to the motor vehicle fund and allocated to the department to defray the cost of carrying out this section and NRS 482.2807.
5. The department shall renew the registration of a motor vehicle for which the department has received a notice of nonpayment pursuant to NRS 484.444 without collecting the amount set forth in the notice and the administrative fee imposed pursuant to subsection 4 if, before the expiration of the registration, the registered owner requests an extension of time for the payment of that amount and the administrative fee. If the registered owner fails to make such payment to the department within 90 days after the registration is renewed, the department shall rescind and cancel the registration of the motor vehicle.
6.] 5. Upon the request of the registered owner of a motor vehicle, the department shall provide a copy of the notice of nonpayment filed with the department by the local agency pursuant to NRS 484.444.
6. If the registration of a motor vehicle that is identified in a notice of nonpayment filed with the department by a local authority pursuant to NRS 484.444 is not renewed for two consecutive periods of registration, the department shall delete any records maintained by the department concerning that notice.
7. The department may require a local authority to pay a fee for the creation, maintenance or revision of a record of the department concerning a notice of nonpayment filed with the department by the local authority pursuant to NRS 484.444. The department shall, by regulation, establish any fee required by this subsection. Any fees collected by the department pursuant to this subsection must be:
(a) Deposited with the state treasurer for credit to the motor vehicle fund; and
(b) Allocated to the department to defray the cost of carrying out the provisions of this section.
Sec. 2 NRS 482.2807 is hereby amended to read as follows:
482.2807[1.] If a local authority files with the department a notice of nonpayment pursuant to NRS 484.444 and the registered owner of [a] the motor vehicle for which the department received the notice pays to the [department the amount set forth in the notice of nonpayment filed with the department by the local authority pursuant to NRS 484.444, the department shall:
(a) Issue] local authority each civil penalty or criminal fine or other charge imposed by the local authority against the registered owner for a violation of:
1. The provisions of NRS 484.395 to 484.443, inclusive; or
2. An ordinance of the local authority authorized by chapter 484 of NRS that covers the same subject matter as the provisions of NRS 484.395 to 484.443, inclusive,
the local authority shall issue to the registered owner a receipt which indicates that the [amount set forth in the notice] the penalty, fine or charge has been paid . [;
(b) Send, not later than 45 days after payment, a written notice to the local authority which filed the notice of nonpayment that the registered owner has paid the amount set forth in the notice;
(c) Remit the amount collected, except the administrative fee imposed pursuant to NRS 482.2805, to the local authority which filed the notice of nonpayment within 30 days after the receipt of that amount; and
(d) If the registered owner has complied with the other requirements of this chapter, renew the registration of the vehicle.
2. If the registration of a vehicle which is identified in the notice of nonpayment filed with the department by a local authority pursuant to NRS 484.444 is not renewed for two consecutive periods of registration, the department:
(a) Shall notify the local authority which filed the notice of nonpayment that the vehicle has not been registered; and
(b) Is not required to collect the amount set forth in that notice of nonpayment or the administrative fee required pursuant to NRS 482.2805.]
Sec. 3 NRS 484.444 is hereby amended to read as follows:
484.4441. If the registered owner of a motor vehicle fails to pay any civil penalty or criminal fine or any other charge imposed [for any violation of the] against him for a violation of:
(a) The provisions of NRS 484.395 to 484.443, inclusive [, including any civil penalty or criminal fine or other charge imposed pursuant to any] ; or
(b) An ordinance of a local authority authorized by this chapter which covers the same subject matter as the provisions of NRS 484.395 to 484.443, inclusive,
the local authority which imposed that penalty, fine or charge may file a notice of nonpayment with the department.
2. The notice must include:
(a) The time, place and date of each violation;
(b) The number of the license plate of the vehicle and the make and model year of the vehicle;
(c) The amount of the fine and any other charge imposed for each violation;
(d) The total amount of money owed to the local authority for [all such] those violations; and
(e) Any other information the department may require.
3. [Except as otherwise provided in NRS 482.2805 and 482.2807, the department shall, upon receipt of such a notice, collect the amount set forth in the notice when it collects the applicable fees for the renewal of the registration of the vehicle.
4.] The department shall adopt regulations which prescribe the form for the notice of nonpayment and any information which must be included in that notice.
Sec. 4 This act becomes effective upon passage and approval.