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
May 29, 1997
____________
Referred to Committee on Transportation
SUMMARY--Makes various changes concerning vehicles. (BDR 43-1136)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
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.
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.
Sec. 1.3. NRS 482.478 is hereby amended to read as follows:
482.478 [Except as otherwise provided in NRS 482.463, upon] Upon the rescission or cancellation of the registration of any vehicle pursuant to NRS 482.460 to 482.475, inclusive, or the surrender of the corresponding license plates, [no refund of the registration fees or privilege taxes paid for the vehicle may be allowed by the department.] the department shall issue to the person to whom the certificate of registration was issued a refund in an amount equal to that portion of the privilege taxes and registration fees paid for the vehicle that is attributable, on a pro rata monthly basis, to the remainder of the current registration period or calendar year.
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 each of the first four stock passenger [car and each] cars and reconstructed or specially constructed passenger [car,] cars 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, a fee for registration of $16.50.
(b) For each of the seventh and eighth such cars registered to a person, a fee for registration of $12.
(c) For each of the ninth or more such cars registered to a person, 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. Except as otherwise provided in NRS 485.317, to reinstate the registration of a motor vehicle suspended pursuant to that section:
(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 who had insurance on the date specified in the form for verification that was mailed by the department pursuant to subsection 2 of NRS 485.317, but failed to return the form within the time specified in that subsection,
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. 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 all owners of registered motor vehicles have maintained the insurance required by NRS 485.185.
2. The department shall mail a form for verification 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 10 days after the date on which the form was mailed by the department.
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 of the vehicle and require the return to the department of the license plates of any vehicle for which a form for verification is:
(a) Not returned to the department by the registered owner within 10 days;
(b) Returned by the registered owner and the department is not able to verify the information on the form; or
(c) Returned by the registered owner with an admission of no insurance or without indicating an insurer or the number of a motor vehicle liability policy or a certificate of self-insurance.
5. If an owner who did not return a completed form for verification within the specified period:
(a) Proves to the satisfaction of the department that there was a justifiable cause for his failure to do so;
(b) Submits a completed form regarding his insurance on the date stated in the form mailed by the department pursuant to subsection 2; and
(c) Presents evidence of current insurance,
the department shall rescind its suspension of the registration if it is able to verify the information on the form. For the purposes of this subsection, "justifiable cause" may include 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:
(a) Proves to the satisfaction of the department that his vehicle was not used in this state for a 30-day period, including the date on which the information provided pursuant to NRS 485.314 indicated that there was no insurance for the vehicle; or
(b) Who did not return a completed form for verification within the period specified in subsection 2 subsequently proves to the satisfaction of the department that his vehicle was insured on the date stated in the form mailed by the department pursuant to subsection 2, presents to the department evidence of current insurance and pays the fee for reinstatement of registration prescribed in paragraph (b) of subsection [4] 6 of NRS 482.480,
the department shall reinstate his registration and reissue his license plates.
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 provide for the exemption from such standards of vehicles for which special license plates have been issued pursuant to NRS 482.381, 482.3812, 482.3814 or 482.3816.
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. Assembly Bill No. 133 of this session is hereby amended by adding thereto a new section designated sec. 15, following sec. 14, to read as follows:
Sec. 15. 1. This section and section 9 of this act become effective on July 1, 1997.
2. Sections 1 to 8, inclusive, and 10 to 14, inclusive, of this act become effective on October 1, 1997.
Sec. 6. 1. This section and sections 1.3 to 5, inclusive, of this act become effective on July 1, 1997.
2. Section 1 of this act becomes effective at 12:01 a.m. on July 1, 1997.