Senate Bill No. 430

Senate Bill No. 430-Senators Washington, O'Donnell, Augustine, Adler, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, Porter, Raggio, Rawson, Regan, Rhoads, Schneider, Shaffer and Titus

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551

AN ACT relating to vehicles; revising the method for crediting a portion of the privilege taxes paid on a vehicle when the registration for that vehicle is transferred; requiring the department of motor vehicles and public safety to refund registration fees and privilege taxes under certain circumstances; revising the registration fees for certain vehicles; providing for the exemption of certain vehicles from controls on emissions from engines; and providing other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 482.399 is hereby amended to read as follows:
482.399 1. Upon the transfer of the ownership of or interest in any vehicle by any holder of a valid registration, or upon destruction of the vehicle, the registration expires.
2. The holder of the original registration may transfer the registration to another vehicle to be registered by him and use the same license plate or plates thereon, if the license plate or plates are appropriate for the second vehicle, upon filing an application for transfer of registration and upon paying the transfer registration fee and the excess, if any, of the registration fee and privilege tax on the vehicle to which the registration is transferred over the total registration fee and privilege tax paid on all vehicles from which he is transferring his ownership or interest. Application for transfer of registration must be made in person, if practicable, to any office or agent of the department or to a registered dealer, and the license plate or plates may not be used upon a second vehicle until registration of that vehicle is complete. In computing the privilege tax, the department, its agent or the registered dealer shall credit the portion of the tax paid on the first vehicle attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the second vehicle [.] or on any other vehicle of which the person is the registered owner. If any person transfers his ownership or interest in two or more vehicles, the department or the registered dealer shall credit the portion of the tax paid on all of the vehicles attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the vehicle to which the registration is transferred [.] or on any other vehicle of which the person is the registered owner. The certificates of registration and unused license plates of the vehicles from which a person transfers his ownership or interest must be submitted before credit is given against the tax due on the vehicle to which the registration is transferred [.] or on any other vehicle of which the person is the registered owner.
3. In computing the registration fee, the department or its agent or the registered dealer shall credit the portion of the registration fee paid on each vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis against the registration fee due on the vehicle to which registration is transferred. If the amount owed on the registration fee or privilege tax on that vehicle is less than the credit on the total registration fee or privilege tax paid on all vehicles from which a person transfers his ownership or interest, [no refund may be allowed.] the department shall issue to the person a refund in an amount equal to the difference between the amount owed on the registration fee or privilege tax on that vehicle and the credit on the total registration fee or privilege tax paid on all vehicles from which a person transfers his ownership or interest.
4. If the license plate or plates are not appropriate for the second vehicle, the plate or plates must be surrendered to the department or registered dealer and an appropriate plate or plates must be issued by the department. The department shall not reissue the surrendered plate or plates until the next succeeding licensing period.
5. If application for transfer of registration is not made within 60 days after the destruction or transfer of ownership of or interest in any vehicle, the license plate or plates must be surrendered to the department on or before the 60th day for cancellation of the registration.
6. If a person cancels his registration and surrenders to the department his license plates for a vehicle, the department shall issue to the person a refund of the portion of the registration fee and privilege tax paid on the vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis.
Sec. 1.3. (Deleted by amendment.)
Sec. 1.7. NRS 482.480 is hereby amended to read as follows:
482.480There must be paid to the department for the registration or the transfer or reinstatement of the registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:
1. [For] Except as otherwise provided in this section, for each stock passenger car and each reconstructed or specially constructed passenger car [,] registered to a person, regardless of weight or number of passenger capacity, a fee for registration of $33.
2. Except as otherwise provided in subsection 3:
(a) For each of the fifth and sixth such cars registered to a person for which special license plates have been issued pursuant to NRS 482.380, 482.381, 482.3812, 482.3814 or 482.3816, a fee for registration of $16.50.
(b) For each of the seventh and eighth such cars registered to a person for which special license plates have been issued pursuant to NRS 482.380, 482.381, 482.3812, 482.3814 or 482.3816, a fee for registration of $12.
(c) For each of the ninth or more such cars registered to a person for which special license plates have been issued pursuant to NRS 482.380, 482.381, 482.3812, 482.3814 or 482.3816, a fee for registration of $8.
3. The fees specified in subsection 2 do not apply:
(a) Unless the person registering the cars presents to the department at the time of registration the registrations of all of the cars registered to him.
(b) To cars that are part of a fleet.
4. For every motorcycle, a fee for registration of $33 and for each motorcycle other than a trimobile, an additional fee of $6 for motorcycle safety. The additional fee must be deposited in the state highway fund for credit to the account for the program for the education of motorcycle riders.
[3.] 5. For each transfer of registration , a fee of $6 in addition to any other fees.
[4.] 6. To reinstate the registration of a motor vehicle suspended pursuant to NRS 485.317:
(a) A fee of $250 for a registered owner who failed to have insurance on the date specified in the form for verification that was mailed by the department pursuant to subsection 2 of NRS 485.317; or
(b) A fee of $50 for a registered owner of a dormant vehicle who canceled the insurance coverage for that vehicle or allowed the insurance coverage for that vehicle to expire without first canceling the registration for the vehicle in accordance with subsection 3 of NRS 485.320,
both of which must be deposited in the account for verification of insurance which is hereby created in the state highway fund. Money in the account must be used to carry out the provisions of NRS 485.313 to 485.318, inclusive.
[5.] 7. For every travel trailer, a fee for registration of $27.
[6.] 8. For every permit for the operation of a golf cart, an annual fee of $10.
Sec. 1.9. NRS 482.480 is hereby amended to read as follows:
482.480There must be paid to the department for the registration or the transfer or reinstatement of the registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:
1. Except as otherwise provided in this section, for each stock passenger car and each reconstructed or specially constructed passenger car registered to a person, regardless of weight or number of passenger capacity, a fee for registration of $33.
2. Except as otherwise provided in subsection 3:
(a) For each of the fifth and sixth such cars registered to a person , [for which special license plates have been issued pursuant to NRS 482.380, 482.381, 482.3812, 482.3814 or 482.3816,] a fee for registration of $16.50.
(b) For each of the seventh and eighth such cars registered to a person , [for which special license plates have been issued pursuant to NRS 482.380, 482.381, 482.3812, 482.3814 or 482.3816,] a fee for registration of $12.
(c) For each of the ninth or more such cars registered to a person , [for which special license plates have been issued pursuant to NRS 482.380, 482.381, 482.3812, 482.3814 or 482.3816,] a fee for registration of $8.
3. The fees specified in subsection 2 do not apply:
(a) Unless the person registering the cars presents to the department at the time of registration the registrations of all of the cars registered to him.
(b) To cars that are part of a fleet.
4. For every motorcycle, a fee for registration of $33 and for each motorcycle other than a trimobile, an additional fee of $6 for motorcycle safety. The additional fee must be deposited in the state highway fund for credit to the account for the program for the education of motorcycle riders.
5. For each transfer of registration , a fee of $6 in addition to any other fees.
6. To reinstate the registration of a motor vehicle suspended pursuant to NRS 485.317:
(a) A fee of $250 for a registered owner who failed to have insurance on the date specified in the form for verification that was mailed by the department pursuant to subsection 2 of NRS 485.317; or
(b) A fee of $50 for a registered owner of a dormant vehicle who canceled the insurance coverage for that vehicle or allowed the insurance coverage for that vehicle to expire without first canceling the registration for the vehicle in accordance with subsection 3 of NRS 485.320,
both of which must be deposited in the account for verification of insurance which is hereby created in the state highway fund. Money in the account must be used to carry out the provisions of NRS 485.313 to 485.318, inclusive.
7. For every travel trailer, a fee for registration of $27.
8. For every permit for the operation of a golf cart, an annual fee of $10.
Sec. 2. NRS 485.317 is hereby amended to read as follows:
485.3171. The department shall, at least monthly, compare the current registrations of motor vehicles to the information in the data base created pursuant to NRS 485.313 to verify that each motor vehicle:
(a) Which is newly registered in this state; or
(b) For which a policy of liability insurance has been issued, amended or terminated,
is covered by a policy of liability insurance as required by NRS 485.185. In identifying a motor vehicle for verification pursuant to this subsection, the department shall, if the motor vehicle was manufactured during or after 1981, use only the vehicle identification number, in whole or in part.
2. The department shall send a form for verification by first-class mail to each registered owner that it determines has not maintained the insurance required by NRS 485.185. The owner shall complete the form with all the information which is requested by the department, including whether he carries an owner's or operator's policy of liability insurance or a certificate of self-insurance, and return the completed form within 20 days after the date on which the form was mailed by the department. If the department does not receive the completed form within 20 days after it mailed the form to the owner, the department shall send to the owner a second form for verification by certified mail. The owner shall complete the form and return it to the department within 15 days after the date on which it was sent by the department. This subsection does not prohibit an authorized agent of the owner from providing to the department:
(a) The information requested by the department pursuant to this subsection.
(b) Additional information to amend or correct information already submitted to the department pursuant to this subsection.
3. When the department receives a completed form for verification it shall verify the information on the form.
4. The department shall suspend the registration and require the return to the department of the license plates of any vehicle for which:
(a) Neither of the forms for verification set forth in subsection 2 is returned to the department by the registered owner or his authorized agent within the period specified in that subsection;
(b) Either of the forms for verification set forth in subsection 2 is returned to the department by the registered owner or his authorized agent and the department is not able to verify the information on the form; or
(c) Either of the forms for verification set forth in subsection 2 is returned by the registered owner or his authorized agent with an admission of having no insurance or without indicating an insurer or the number of a motor vehicle liability policy or a certificate of self-insurance.
5. If the department suspends a registration pursuant to subsection 4 because:
(a) Neither the owner nor his authorized agent returned a form for verification within the specified period or the owner or his authorized agent returned a form for verification that was not completed sufficiently, and the owner or his authorized agent, thereafter:
(1) Proves to the satisfaction of the department that there was a justifiable cause for his failure to do so;
(2) Submits a completed form regarding his insurance on the date stated in the form mailed by the department pursuant to subsection 2; and
(3) Presents evidence of current insurance; or
(b) The owner or his authorized agent submitted to the department a form for verification containing information that the department was unable to verify and, thereafter, the owner or his authorized agent presents to the department:
(1) A corrected form or otherwise verifiable evidence setting forth that the owner possessed insurance on the date stated in the form; and
(2) Evidence of current insurance,
the department shall rescind its suspension of the registration if it is able to verify the information on the form or the other evidence presented. The department shall not charge a fee to reinstate a registration, the suspension of which was rescinded pursuant to this subsection. For the purposes of this subsection, "justifiable cause" may include, but is not limited to, the fact that the owner did not receive the form mailed by the department pursuant to subsection 2.
6. Except as otherwise provided in subsection 7, if a registered owner whose registration is suspended pursuant to subsection 4, failed to have insurance on the date specified in the form for verification, the department shall reinstate the registration of the vehicle and reissue the license plates only upon filing by the registered owner of evidence of current insurance and payment of the fee for reinstatement of registration prescribed in paragraph (a) of subsection [4] 6 of NRS 482.480.
7. If a registered owner proves to the satisfaction of the department that his vehicle was a dormant vehicle during the period in which the information provided pursuant to NRS 485.314 indicated that there was no insurance for the vehicle , the department shall reinstate his registration and, if applicable, reissue his license plates. If such an owner of a dormant vehicle failed to cancel the registration for the vehicle in accordance with subsection 3 of NRS 485.320, the department shall not reinstate his registration or reissue his license plates unless the owner pays the fee set forth in paragraph (b) of subsection [4] 6 of NRS 482.480.
8. For the purposes of verification of insurance by the department pursuant to this section, a registered owner shall not be deemed to have failed to maintain liability insurance for a motor vehicle unless the vehicle is without coverage for a period of more than 7 days.
Sec. 3. NRS 486.377 is hereby amended to read as follows:
486.3771. The board shall:
(a) Advise and assist the director and the administrator of the program in developing, establishing and maintaining the program;
(b) Regularly review the program and make recommendations to the director and the administrator of the program relating to the administration and content of the program; and
(c) Submit a report, not later than January 1 of each odd-numbered year, to the governor and the director of the legislative counsel bureau for presentation to the legislature.
2. The report must include:
(a) The number of courses offered in the program.
(b) The address of each location where a course was offered.
(c) The number of instructors licensed pursuant to NRS 486.375.
(d) The number of persons who have completed the program in the preceding 2 years and the number of persons who have completed the program since it was established.
(e) The amount of fees for motorcycle safety collected pursuant to subsection [2] 4 of NRS 482.480.
(f) A detailed accounting of the expenses of the program.
3. The director shall make copies of the report available for distribution to the public.
Sec. 4. NRS 445B.760 is hereby amended to read as follows:
445B.760 1. The state environmental commission may by regulation prescribe standards for exhaust emissions, fuel evaporative emissions and visible emissions of smoke from mobile internal combustion engines on the ground or in the air, including , but not limited to , aircraft, motor vehicles, snowmobiles and railroad locomotives. The regulations must:
(a) Provide for the exemption from such standards of restored vehicles for which special license plates have been issued pursuant to NRS 482.381, 482.3812, 482.3814 or 482.3816.
(b) Establish criteria for the condition and functioning of a restored vehicle to qualify for the exemption, and provide that the evaluation of the condition and functioning of such a vehicle may be conducted at an authorized inspection station or authorized station as defined in NRS 445B.710 and 445B.720, respectively.
(c) Define "restored vehicle" for the purposes of the regulations.
2. Standards for exhaust emissions which apply to a trimobile must be based on standards which were in effect in the year in which the engine of the trimobile was built.
3. Any such standards which pertain to motor vehicles must be approved by the department of motor vehicles and public safety before they are adopted by the commission.
Sec. 5. The department of motor vehicles and public safety shall conduct a study concerning the potential and actual effects, as appropriate, of the refunding by the department of fees, taxes and other charges required pursuant to this act or any other specific statute, and submit a report of the study to the director of the legislative counsel bureau on or before January 18, 1999, for transmittal to the 70th session of the Nevada legislature.
Sec. 6. 1. This section and sections 4 and 5 of this act become effective on July 1, 1997.
2. Sections 1.7, 2 and 3 of this act become effective on January 1, 1998.
3. Sections 1 and 1.9 of this act become effective on January 1, 2001.
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