(On Behalf of the Department of Motor Vehicles
and Public Safety)
January 29, 1997
____________
Referred to Committee on Transportation
SUMMARY--Revises provisions governing organization of motor vehicles portion of department of motor vehicles and public safety. (BDR 43-467)
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 the department of motor vehicles and public safety; revising provisions governing the organization of the motor vehicles portion of the department; creating the division of motor vehicles within the department; merging the registration division and driver's license division of the department into the division of motor vehicles; authorizing the employment of an additional deputy director and providing his duties; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 Chapter 481 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The division of motor vehicles is hereby created within the department.
2. The division is composed of the following persons, to be appointed by the director:
(a) A deputy director; and
(b) Within the limitations of legislative appropriation, such managers, specialists, investigators and staff, who are employed in the classified service of the state, as the director determines to be necessary to carry out the duties of the division.
3. The deputy director of the division of motor vehicles shall:
(a) Administer the laws relating to motor vehicles and the licensing of drivers, as provided in NRS 481.048, 481.0481 and 481.071; and
(b) Maintain records and other information relating to motor vehicles and the licensing of drivers, as provided in NRS 481.048, 481.0481 and 481.071.
Sec. 2 NRS 481.035 is hereby amended to read as follows:
481.035 1. The director:
(a) Is appointed by the governor. He must be selected with special reference to his training, experience, capacity and interest in the field of administering laws relating to motor vehicles and public safety.
(b) Is entitled to hold office for a term of 4 years from and after his appointment or until his successor is appointed.
(c) Is in the unclassified service of the state.
(d) Shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
2. The director may employ [two] three deputy directors [, one] :
(a) One responsible for the administration of the laws relating to motor vehicles [and one] ;
(b) One responsible for the administration of the laws relating to public safety [.] ; and
(c) One responsible for the administrative functions of the department.
3. Each deputy:
(a) Must be selected with special reference to his training, experience, capacity and interest in the field of his responsibility.
(b) Is in the unclassified service of the state.
(c) Except as otherwise provided in NRS 284.143, shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 3 NRS 481.048 is hereby amended to read as follows:
481.048 1. There is hereby created, within the [registration] division of motor vehicles of the department, [the bureau of enforcement.] a section for the enforcement of laws concerning motor vehicles as provided in this section.
2. The director shall appoint, within the limits of legislative appropriations, investigators to be employed in the [bureau of enforcement of the registration division of the department.] section.
3. The duties of the investigators are to travel the state and:
(a) Act as investigators in the enforcement of the provisions of chapters 482 and 487 of NRS, NRS 108.265 to 108.360, inclusive, and 108.440 to 108.500, inclusive, as those sections pertain to motor vehicles, trailers, motorcycles, recreational vehicles and semitrailers, as defined in chapter 482 of NRS.
(b) Act as adviser to dealers in connection with any problems arising under the provisions of that chapter.
(c) Cooperate with personnel of the Nevada highway patrol in the enforcement of the motor vehicle laws as they pertain to dealers.
(d) Act as investigators in the enforcement of the provisions of NRS 483.700 to 483.780, inclusive, relating to the licensing of schools and instructors for training drivers.
(e) Perform such other duties as may be imposed by the director.
Sec. 4 NRS 481.0481 is hereby amended to read as follows:
481.0481 1. There is hereby created, within the [registration] division of motor vehicles of the department, a section for the control of emissions from vehicles.
2. The director shall appoint, within the limits of legislative appropriations, investigators, officers and technicians for the control of emissions from vehicles.
3. The duties of the investigators, officers and technicians are to travel the state and:
(a) Act as agents and inspectors in the enforcement of the provisions of NRS 445B.700 to 445B.845, inclusive, chapter 482 of NRS , and NRS 484.644 and 484.6441.
(b) Cooperate with the division of environmental protection of the state department of conservation and natural resources in all matters pertaining to the control of emissions from vehicles.
(c) Perform such other duties as may be imposed by the director.
Sec. 5 NRS 481.053 is hereby amended to read as follows:
481.053 1. The governor shall appoint the peace officers' standards and training committee.
2. The committee consists of seven members, one appointed from Clark County, one from Washoe County, three from any other counties, one from category II peace officers and one from category III peace officers. Members serve terms of 2 years from the date of appointment. Members serve without compensation but are entitled to the per diem allowance and travel expenses provided by law for state officers and employees generally.
3. The governor shall make the appointments from recommendations submitted by Clark County, Washoe County, professional organizations of sheriffs and police chiefs of this state, category II peace officers and category III peace officers.
4. The committee shall:
(a) Meet at the call of the chairman, who must be elected by the members of the committee.
(b) Provide for and encourage the training and education of peace officers in order to improve the system of criminal justice.
(c) Adopt regulations establishing minimum standards for the certification and decertification, recruitment, selection and training of peace officers.
(d) Make necessary inquiries to determine whether agencies of the state and of local governments are complying with standards set forth in its regulations.
(e) Carry out the duties required of the committee pursuant to NRS 432B.610 and 432B.620.
5. Regulations adopted by the committee:
(a) Apply to all agencies of the state and of local governments which employ persons as peace officers;
(b) Must require that all peace officers receive training in the handling of cases involving abuse or neglect of children or missing children; and
(c) May require that training be carried on at institutions which it approves in those regulations.
6. The director may adopt regulations necessary for the operation of the committee and the enforcement of laws administered by the committee.
7. As used in this section:
(a) "Category II peace officer" means:
(1) The bailiff of the supreme court;
(2) The bailiffs of the district courts, justices' courts and municipal courts whose duties require them to carry weapons and make arrests;
(3) Constables and their deputies whose official duties require them to carry weapons and make arrests;
(4) Inspectors employed by the public service commission of Nevada who exercise those powers of enforcement conferred by chapters 704, 705 and 706 of NRS;
(5) Parole and probation officers;
(6) Special investigators who are employed full time by the office of any district attorney or the attorney general;
(7) Investigators of arson for fire departments who are specially designated by the appointing authority;
(8) The assistant and deputies of the state fire marshal;
(9) The brand inspectors of the division of agriculture of the department of business and industry who exercise the powers of enforcement conferred in chapter 565 of NRS;
(10) Investigators for the state forester firewarden who are specially designated by him and whose primary duties are the investigation of arson;
(11) School police officers employed by the board of trustees of any county school district;
(12) Agents of the state gaming control board who exercise the powers of enforcement specified in NRS 289.360, 463.140 or 463.1405, except those agents whose duties relate primarily to auditing, accounting, the collection of taxes or license fees, or the investigation of applicants for licenses;
(13) Investigators and administrators of the [bureau of] section for the enforcement of laws concerning motor vehicles of the [registration] division of motor vehicles of the department of motor vehicles and public safety who perform the duties specified in subsection 3 of NRS 481.048;
(14) Officers and investigators of the section for the control of emissions from vehicles of the [registration] division of motor vehicles of the department of motor vehicles and public safety who perform the duties specified in subsection 3 of NRS 481.0481;
(15) Legislative police officers of the State of Nevada;
(16) The personnel of the capitol police division of the department of motor vehicles and public safety appointed pursuant to subsection 2 of NRS 331.140;
(17) Parole counselors of the division of child and family services of the department of human resources;
(18) Juvenile probation officers and deputy juvenile probation officers employed by the various judicial districts in Nevada or by a department of family, youth and juvenile services established pursuant to NRS 62.1264 whose official duties require them to enforce court orders on juvenile offenders and make arrests;
(19) Field investigators of the taxicab authority;
(20) Security officers employed full time by a city or county whose official duties require them to carry weapons and make arrests; and
(21) The chief of a department of alternative sentencing created pursuant to NRS 211A.080 and the assistant alternative sentencing officers employed by that department.
(b) "Category III peace officer" means peace officers whose authority is limited to correctional services, and includes the superintendents and correctional officers of the department of prisons.
Sec. 6 NRS 481.057 is hereby amended to read as follows:
481.057 In counties with a population in excess of 100,000, the director may arrange for the office of the [drivers' license] division of motor vehicles of the department to remain open on Saturdays and Sundays and at hours other than 8 a.m. to 5 p.m.
Sec. 7 NRS 481.067 is hereby amended to read as follows:
481.067 1. The department may include:
(a) [A registration division.
(b) A drivers' license division.
(c)] A division of motor vehicles.
(b) A Nevada highway patrol division.
[(d)] (c) An administrative services division.
[(e)] (d) An investigation division.
[(f)] (e) A division of emergency management.
[(g)] (f) A state fire marshal division.
[(h)] (g) A division of parole and probation.
[(i)] (h) A capitol police division.
[(j)] (i) Such other divisions as the director may from time to time establish.
2. Before he reorganizes the department, the director shall obtain the approval of:
(a) The legislature, if it is in regular session; or
(b) The interim finance committee, if the legislature is not in regular session.
Sec. 8 NRS 481.071 is hereby amended to read as follows:
481.071 1. Any change in the organization of the department may include the divisions, functions and responsibilities described in subsection 2 but must not include those described in paragraph [(e), (h) or (i)] (d), (g) or (h) of that subsection.
2. Unless the organization of the department is changed by the director, the primary functions and responsibilities of the specified divisions of the department are as follows:
(a) The [registration] division of motor vehicles shall:
(1) Execute, administer and enforce the provisions of chapter 482 of NRS and perform such duties and exercise such powers as [may be] are conferred upon it pursuant to chapter 482 of NRS and the provisions of any other laws;
(2) Execute and administer the laws relative to the licensing of motor vehicle carriers and the use of public highways by those carriers as contained in chapter 706 of NRS;
(3) Perform such duties and exercise such powers as [may be] are conferred upon it pursuant to chapter 706 of NRS ; [and the provisions of any other laws;]
(4) Execute and administer the provisions of chapter 366 of NRS, relating to the imposition and collection of taxes on special fuels used for motor vehicles; [and]
(5) Perform such duties and exercise such powers as [may be] are conferred upon it pursuant to chapter 366 of NRS [and the provisions of any other laws.
(b) The drivers' license division shall execute,] ;
(6) Execute, administer and enforce the provisions of chapter 483 of NRS and perform such duties and exercise such powers as [may be] are conferred upon it pursuant to chapter 483 of NRS [and the provisions of any other laws.
(c)] ;
(7) Execute, administer and enforce the provisions of chapter 485 of NRS and perform such duties and exercise such powers as are conferred upon it pursuant to chapter 485 of NRS;
(8) Execute, administer and enforce the laws relating to the licensing of drivers of motorcycles and similar vehicles in accordance with the provisions of chapter 486 of NRS;
(9) Execute, administer and enforce the provisions of chapter 487 of NRS and perform such duties and exercise such powers as are conferred upon it pursuant to chapter 487 of NRS; and
(10) Execute, administer and enforce the provisions of chapter 108 of NRS and perform such duties and exercise such powers relating to liens on vehicles as are conferred upon it pursuant to chapter 108 of NRS or the provisions of any other laws.
(b) The administrative services division shall furnish fiscal , [and] accounting and other administrative services to the director and the various divisions , and advise and assist the director and the various divisions in carrying out their functions and responsibilities.
[(d)] (c) The investigation division shall:
(1) Execute, administer and enforce the provisions of chapter 453 of NRS relating to controlled substances and chapter 454 of NRS relating to dangerous drugs;
(2) Assist the secretary of state in carrying out an investigation pursuant to NRS 293.124; and
(3) Perform such duties and exercise such powers as may be conferred upon it pursuant to this chapter and any other laws.
[(e)] (d) The Nevada highway patrol division shall execute, administer and enforce the provisions of chapter 484 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to NRS 481.180 and the provisions of any other laws.
[(f)] (e) The division of emergency management shall execute, administer and enforce the provisions of chapter 414 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 414 of NRS and the provisions of any other laws.
[(g)] (f) The state fire marshal division shall execute, administer and enforce the provisions of chapter 477 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 477 of NRS and the provisions of any other laws.
[(h)] (g) The division of parole and probation shall execute, administer and enforce the provisions of chapters 176 and 213 of NRS relating to parole and probation and perform such duties and exercise such powers as may be conferred upon it pursuant to those chapters and the provisions of any other [law.
(i)] laws.
(h) The capitol police division shall assist the chief of the buildings and grounds division of the department of administration in the enforcement of subsection 1 of NRS 331.140.
Sec. 9 NRS 482.102 is hereby amended to read as follows:
482.102 "Registered owner" means [an individual,] a natural person, firm, corporation or association whose name appears in the files of the [motor vehicle registration] division of motor vehicles of the department as the person to whom the vehicle is registered.
Sec. 10 NRS 482.379 is hereby amended to read as follows:
482.379 1. The director may order the design and preparation of license plates which commemorate the 125th anniversary of Nevada's admission into the Union and establish the procedures for the application and issuance of the plates.
2. The department may designate any colors, numbers and letters for the commemorative plates.
3. A person who is entitled to license plates pursuant to NRS 482.265 may apply for commemorative license plates.
4. The fee for the commemorative license plates is $10, in addition to all other applicable registration and license fees and motor vehicle privilege taxes. If a person is eligible for and applies for any special license plates issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.368 or 482.370 to 482.3825, inclusive, and applies to have those special license plates combined with commemorative plates, the person must pay the fees for the special license plates in addition to the fee for the commemorative plates.
5. In addition to all fees for the license, registration and privilege taxes, a person who is eligible for and applies for commemorative plates must pay $25 for the celebration of the 125th anniversary of Nevada's admission into the Union. The fees for the license, registration, privilege taxes and the charge for the celebration may be paid with a single check.
6. Commemorative plates are renewable upon the payment of $10.
7. If during a registration year, the holder of commemorative plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, he may retain the plates and:
(a) Within 30 days after removing the plates from the vehicle, return them to the department; or
(b) Affix them to another vehicle which meets the requirements of this section if the transfer and registration fees are paid as is provided for in this chapter. A person who transfers plates must be allowed a [1/12] one-twelfth reduction in fees for each calendar month remaining unused from the previous registration.
8. Except as otherwise provided by subsection 10, if a commemorative license plate or set of license plates issued pursuant to the provisions of this section is lost, stolen or mutilated, the owner of the vehicle may secure a replacement license plate or set of replacement license plates, as the case may be, from the department upon payment of the fees set forth in subsection 2 of NRS 482.500.
9. The department shall, for each set of commemorative license plates that it issues:
(a) Deposit the $25 collected for the celebration of the 125th anniversary of Nevada's admission into the Union with the state treasurer for credit to the account for Nevada's 125th anniversary in the state general fund;
(b) Deposit $7.50 with the state treasurer for credit to the motor vehicle fund pursuant to the provisions of NRS 482.180; and
(c) Deposit $2.50 with the state treasurer for credit to the [registration] division of motor vehicles of the department [of motor vehicles and public safety] to reimburse the division for the cost of manufacturing the license plates.
10. The department shall not:
(a) Issue the commemorative license plates after October 31, 1990.
(b) Issue replacement commemorative license plates after June 30, 1995.
Sec. 11 NRS 482.383 is hereby amended to read as follows:
482.383 1. The [registration] division of motor vehicles of the department may issue a special use permit for the operation of any unregistered and unlicensed vehicle upon any highway in [the] this state to enable such a vehicle to operate in connection with special events, such as parades.
2. A permit issued pursuant to subsection 1 must be in a form prescribed by the department and must limit the use of the vehicle for which it is issued to movement for the purpose set forth in the application for the permit. Such a permit must be affixed to the vehicle in a manner and position determined by the department and must be canceled, destroyed or surrendered under such rules as the department may prescribe.
3. The [registration] division of motor vehicles of the department shall charge a fee of $2 for each permit issued pursuant to subsection 1.
Sec. 12 NRS 482.540 is hereby amended to read as follows:
482.540 1. Any police officer, without a warrant, may seize and take possession of any vehicle:
(a) Which is being operated with improper registration;
(b) Which the officer has probable cause to believe has been stolen;
(c) On which any motor number, manufacturer's number or identification mark has been defaced, altered or obliterated; or
(d) Which contains a part on which was placed or stamped by the manufacturer pursuant to federal law or regulation an identification number or other distinguishing number or mark that has been defaced, altered or obliterated.
2. As used in this section, "police officer" means:
(a) Any officer of the Nevada highway patrol;
(b) Any investigator of the [bureau of] section for the enforcement of laws concerning motor vehicles of the [registration] division of motor vehicles of the department;
(c) Sheriffs of counties and of metropolitan police departments and their deputies; and
(d) Marshals and policemen of cities and towns.
Sec. 13 NRS 483.382 is hereby amended to read as follows:
483.382 1. No later than 30 days before the expiration of his license, the [drivers' license] division of motor vehicles of the department shall mail to each licensee who has not already renewed his license an expiration notice.
2. The department may require an applicant for a renewal license successfully to pass such additional [test] tests as the department finds reasonably necessary to determine his qualification according to the type or class of license applied for.
Sec. 14 NRS 483.390 is hereby amended to read as follows:
483.390 Whenever any person after applying for or receiving a driver's license moves from the address named in [such] the application or in the license issued to him, or when the name of a licensee is changed, [such] that person shall within 10 days thereafter notify the [drivers' license] division of motor vehicles of the department of his new and old addresses, or of such former and new names, and of the number of any license then held by him.
Sec. 15 NRS 484.247 is hereby amended to read as follows:
484.247 1. The department shall prepare and upon request supply to police departments, sheriffs and other appropriate agencies or persons forms for written accident reports as required in this chapter, suitable with respect to the persons required to make the reports and the purposes to be served. The forms must be designed to call for sufficiently detailed information to disclose with reference to an accident the cause, conditions then existing, the persons and vehicles involved, the name and address of the insurance company, the number of the policy providing coverage and the dates on which the coverage begins and ends.
2. The form prepared for a report to be made by persons pursuant to NRS 484.229 must call for such information as is required by the [drivers' license] division of motor vehicles of the department to enable it to determine whether the requirements for the deposit of security under chapter 485 of NRS are inapplicable. The division may rely upon the accuracy of information supplied by a driver or owner on the form unless the division has reason to believe that the information is erroneous.
3. Every accident report required to be made in writing must be made on the appropriate form approved by the department and must contain all the information required therein unless it is not available.
Sec. 16 NRS 485.033 is hereby amended to read as follows:
485.033 "Division" means the [drivers' license] division of motor vehicles of the department . [or any other division to which the director has assigned responsibility for administration of this chapter.]
Sec. 17 NRS 485.108 is hereby amended to read as follows:
485.108 "Registered owner" means a person whose name appears in the records of the [registration] division of motor vehicles of the department as the person to whom the vehicle is registered.
Sec. 18 NRS 487.230 is hereby amended to read as follows:
487.230 1. Any sheriff, constable, member of the Nevada highway patrol, officer of the legislative police, investigator of the [bureau of] section for the enforcement of laws concerning motor vehicles of the [registration] division of motor vehicles of the department, designated employees of the manufactured housing division of the department of business and industry, special investigator employed by the office of any district attorney, marshal or policeman of any city or town, or any marshal or park ranger who is part of a unit of specialized law enforcement established pursuant to NRS 280.125 who has reason to believe that a vehicle has been abandoned on public property in his jurisdiction may remove the vehicle from that property. At the request of the owner or person in possession or control of any private property who has reason to believe that a vehicle has been abandoned on his property, the vehicle may be removed by the operator of a tow car or an automobile wrecker from that private property.
2. Any person who authorizes the removal of an abandoned vehicle pursuant to subsection 1 shall:
(a) Have the vehicle taken to the nearest garage or other place designated for storage by:
(1) The state agency or political subdivision making the request, if the vehicle is removed from public property.
(2) The owner or person in possession of the property, if the vehicle is removed from private property.
(b) Make all practical inquiries to ascertain if the vehicle is stolen by checking the license plate number, vehicle identification number and any other available information which will aid in identifying the registered and legal owner of the vehicle and supply the information to the person who is storing the vehicle.
Sec. 19 NRS 108.2679 is hereby amended to read as follows:
108.2679 "Registered owner" means:
1. A person whose name appears in the files of the manufactured housing division of the department of business and industry as the person to whom the mobile home or manufactured home is registered, but does not include:
(a) A creditor who holds title to the mobile home or manufactured home; or
(b) The owner or holder of a lien encumbering the mobile home or manufactured home.
2. A person whose name appears in the files of the [registration] division of motor vehicles of the department of motor vehicles and public safety as the person to whom the vehicle is registered.
Sec. 20 NRS 108.310 is hereby amended to read as follows:
108.310 Subject to the provisions of NRS 108.315, the lien created in NRS 108.270 to 108.360, inclusive, may be satisfied as follows:
1. The lien claimant shall give written notice to the person on whose account the storing, maintaining, keeping, repairing, labor, fuel, supplies, facilities, services or accessories were made, done or given, and to any other person known to have or to claim an interest in the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home, upon which the lien is asserted, and to the:
(a) Manufactured housing division of the department of business and industry with regard to mobile homes, manufactured homes, and commercial coaches as defined in chapter 489 of NRS; or
(b) [Registration division] Division of motor vehicles of the department of motor vehicles and public safety with regard to all other items included in this section.
2. In accordance with the terms of a notice so given, a sale by auction may be had to satisfy any valid claim which has become a lien on the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home. The sale must be had in the place where the lien was acquired, or, if that place is manifestly unsuitable for the purpose, at the nearest suitable place.
3. After the time for the payment of the claim specified in the notice has elapsed, an advertisement of the sale, describing the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home to be sold, and stating the name of the owner or person on whose account it is held, and the time and place of the sale, must be published once a week for 3 consecutive weeks in a newspaper published in the place where the sale is to be held, but if no newspaper is published in that place then in some newspaper published in this state and having a general circulation in that place. The sale must not be held less than 22 days after the time of the first publication.
4. From the proceeds of the sale the lien claimant who furnished the services, labor, fuel, accessories, facilities or supplies shall satisfy his lien, including the reasonable charges of notice, advertisement and sale. The balance, if any, of the proceeds must be delivered, on demand, to the person to whom he would have been bound to deliver, or justified in delivering, the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home.
Sec. 21 NRS 108.315 is hereby amended to read as follows:
108.315 1. Any landlord who desires to enforce a lien for unpaid rent or rent and utilities under the provisions of NRS 108.270 to 108.360, inclusive, must within 15 days after the rent is 30 days past due, make a demand in writing upon the registered owner of the recreational vehicle, mobile home or manufactured home, for the amount due, stating that a lien is claimed on the recreational vehicle, mobile home or manufactured home. A copy of the demand must be sent to every holder of a security interest and every person who is listed in the records of the manufactured housing division of the department of business and industry as holding an ownership or other interest in, and every tenant or subtenant of, the recreational vehicle, mobile home or manufactured home, and to the:
(a) Manufactured housing division of the department of business and industry, with regard to mobile homes and manufactured homes; or
(b) [Registration division] Division of motor vehicles of the department of motor vehicles and public safety, with regard to recreational vehicles,
by registered or certified mail.
2. To obtain the name and address of a holder of a security interest or a person who is listed in the records of the manufactured housing division of the department of business and industry as holding an ownership or other interest in the recreational vehicle, mobile home or manufactured home, the landlord shall, before making the demand for payment, request that information from the:
(a) Manufactured housing division of the department of business and industry, with regard to mobile homes, manufactured homes, and commercial coaches as defined in chapter 489 of NRS; or
(b) Department of motor vehicles and public safety, with regard to all other vehicles,
and the state agency shall supply that information from its records. If the recreational vehicle, mobile home or manufactured home is registered in another state, territory or country, the landlord shall, before making the demand for payment, obtain the information from the appropriate agency of that state, territory or country.
3. A landlord who enforces a lien for unpaid rent may recover an amount equal to:
(a) The amount of the unpaid rent;
(b) The cost of any advertising and notices required pursuant to NRS 108.270 to 108.360, inclusive;
(c) The cost and fees ordered by a court in any action contesting the validity of a lien; and
(d) The cost of a sale, if a sale by auction is made pursuant to the provisions of NRS 108.310.
4. No recreational vehicle, mobile home or manufactured home may be sold for delinquent rent or rent and utilities until 4 months have elapsed after the first default in payment, and a notice of lien has been served pursuant to subsection 1. At least 10 days but not more than 30 days before a sale, a written notice of sale by auction must be sent to the registered owner and tenant or subtenant and to every holder of a security interest and every person who is listed in the records of the manufactured housing division of the department of business and industry as holding an ownership or other interest in the recreational vehicle, mobile home or manufactured home by registered or certified mail stating that a sale by auction of the recreational vehicle, mobile home or manufactured home is to be made pursuant to the provisions of NRS 108.310. The written notice of sale by auction must include the time and location of the sale, the amount necessary to satisfy the lien and a description of the legal proceeding available to contest the lien pursuant to NRS 108.350 and 108.355.
Sec. 22 NRS 289.270 is hereby amended to read as follows:
289.270 1. The following persons have the powers of a peace officer:
(a) The director of the department of motor vehicles and public safety.
(b) The chiefs of the divisions of the department of motor vehicles and public safety.
(c) The deputy directors of the department of motor vehicles and public safety employed pursuant to subsection 2 of NRS 481.035.
(d) The investigators and agents of the investigation division of the department of motor vehicles and public safety and any other officer or employee of that division whose principal duty is to enforce one or more laws of this state, and any person promoted from such a duty to a supervisory position related to such a duty.
(e) The personnel of the capitol police division of the department of motor vehicles and public safety appointed pursuant to subsection 2 of NRS 331.140.
2. The personnel of the Nevada highway patrol appointed pursuant to subsection 2 of NRS 481.150 have the powers of a peace officer specified in NRS 481.150 and 481.180.
3. Administrators and investigators of the [bureau of] section for the enforcement of laws concerning motor vehicles of the [registration] division of motor vehicles of the department of motor vehicles and public safety have the powers of a peace officer to enforce any law of the State of Nevada in carrying out their duties under NRS 481.048.
4. Officers and investigators of the section for the control of emissions from vehicles of the [registration] division of motor vehicles of the department of motor vehicles and public safety, appointed pursuant to NRS 481.0481, have the powers of peace officers in carrying out their duties under that section.
Sec. 23 NRS 293.504 is hereby amended to read as follows:
293.504 1. The following offices shall serve as voter registration agencies:
(a) Such offices that provide public assistance as are designated by the secretary of state;
(b) Each office that receives money from the State of Nevada to provide services to persons in this state who are disabled;
(c) The offices of the [drivers' license] division of motor vehicles of the department of motor vehicles and public safety;
(d) The offices of the city and county clerks; and
(e) Such other offices as the secretary of state deems appropriate.
2. Each voter registration agency shall:
(a) Make applications to register to vote which may be returned by mail available to each person who applies for or receives services or assistance from the agency;
(b) Provide the same amount of assistance to an applicant in completing an application to register to vote as the agency provides to a person completing any other forms for the agency; and
(c) Accept completed applications to register to vote.
3. Except as otherwise provided in this subsection and NRS 293.524, any application to register to vote accepted by a voter registration agency must be transmitted to the county clerk not later than 10 days after the application is accepted. During the 2 weeks immediately preceding the close of registration for an election, the applications must be forwarded daily. The county clerk shall accept any application to register to vote which is completed by the last day to register if he receives the application not later than 5 days after the close of registration.
4. The secretary of state shall cooperate with the Secretary of Defense to develop and carry out procedures to enable persons in this state to apply to register to vote at recruitment offices of the United States Armed Forces.
Sec. 24 NRS 445B.830 is hereby amended to read as follows:
445B.830 1. In areas of the state where and when a program is commenced pursuant to NRS 445B.770 to 445B.815, inclusive, the following fees must be paid to the department of motor vehicles and public safety and accounted for in the pollution control account, which is hereby created in the state general fund:
(a) For the issuance and annual renewal of license for an authorized inspection station, authorized maintenance station, authorized station or fleet station $25
(b) For each set of 25 forms certifying emission control compliance 150
(c) For each form issued to a fleet station 6
2. Except as otherwise provided in subsections 4, 5 and 6, all fees must be used by that department as needed to carry out the provisions of NRS 445B.700 to 445B.845, inclusive.
3. The department of motor vehicles and public safety may prescribe by regulation routine fees for inspection at the prevailing shop labor rate, including maximum charges for those fees, and for the posting of those fees in a conspicuous place at an authorized inspection station or authorized station.
4. The department of motor vehicles and public safety shall by regulation establish a program to award grants of:
(a) Money in the pollution control account to agencies in a nonattainment area for carbon monoxide for programs related to the improvement of the quality of air. The amount of money granted must not exceed that portion of the money in the pollution control account that equals [1/6] one-sixth of the amount received for each form issued pursuant to subsection 1.
(b) Excess money in the pollution control account to air pollution control agencies established pursuant to NRS 445B.205 or 445B.500. As used in this paragraph, "excess money" means the money in excess of $500,000 remaining in the pollution control account at the end of the fiscal year.
5. Any regulations adopted pursuant to subsection 4 must provide for the creation of an advisory committee consisting of representatives of state and local agencies involved in the control of emissions from motor vehicles. The committee shall:
(a) Review applications for grants and make recommendations for their approval, rejection or modification;
(b) Establish goals and objectives for the program for control of emissions from motor vehicles;
(c) Identify areas where funding should be made available; and
(d) Review and make recommendations concerning regulations adopted pursuant to subsection 4 or NRS 445B.770.
6. Grants proposed pursuant to subsections 4 and 5 must be submitted to the [chief] deputy director of the [registration] division of motor vehicles of the department of motor vehicles and public safety and the administrator of the division of environmental protection of the state department of conservation and natural resources. Proposed grants approved by the [chief] deputy director and the administrator must not be awarded until approved by the interim finance committee.
Sec. 25 NRS 617.135 is hereby amended to read as follows:
617.135 "Police officer" includes:
1. A sheriff, deputy sheriff, officer of a metropolitan police department or city policeman;
2. A chief, inspector supervisor, commercial officer or trooper of the Nevada highway patrol;
3. A chief, investigator or agent of the investigation division of the department of motor vehicles and public safety;
4. An officer or investigator for the control of emissions from vehicles of the [registration] division of motor vehicles of the department of motor vehicles and public safety;
5. An investigator of the [bureau of] section for the enforcement of laws concerning motor vehicles of the [registration] division of motor vehicles of the department of motor vehicles and public safety;
6. A member of the police department of the University and Community College System of Nevada;
7. A:
(a) Uniformed employee of; or
(b) Forensic specialist employed by,
the department of prisons whose position requires regular and frequent contact with the offenders imprisoned and subjects the employee to recall in emergencies;
8. A parole and probation officer of the division of parole and probation of the department of motor vehicles and public safety; and
9. A forensic specialist or correctional officer employed by the mental hygiene and mental retardation division of the department of human resources at facilities for mentally disordered offenders.
Sec. 26 NRS 706.8828 is hereby amended to read as follows:
706.8828 1. A certificate holder shall file with the administrator, and keep in effect at all times, a policy of insurance with an insurance company licensed to do business in the State of Nevada.
2. The insurance policy specified in subsection 1 must:
(a) Provide the following coverage:
For injury to one person in any one accident $100,000
For injury to two or more persons in any one accident 300,000
For property damage in any one accident 10,000
(b) Contain a clause which states substantially that the insurance carrier may only cancel the policy upon 30 days' written notice to the certificate holder and administrator; and
(c) Contain such other provisions concerning notice as may be required by law to be given to the certificate holder.
3. If an insurance policy is canceled, the certificate holder shall not operate or cause to be operated any taxicab that was covered by the policy until other insurance is furnished.
4. A certificate holder to whom the [drivers' license] division of motor vehicles of the department of motor vehicles and public safety has issued a certificate of self-insurance may self-insure the first $50,000, combined single-limit, per accident, of the coverage required by subsection 2.
Sec. 27 1. The administrative regulations adopted by any officer, bureau or division whose name is changed or whose authority to adopt those regulations is transferred pursuant to the provisions of this act, become the regulations of the officer, section, division or department to whom that authority is transferred.
2. The contracts or other agreements entered into by any officer, bureau or division whose name is changed or whose authority to enter into those contracts or other agreements is transferred pursuant to the provisions of this act, are binding upon and may be enforced by the officer, section, division or department to whom the authority is transferred.
3. Any action taken by an officer, bureau or division whose name is changed or whose authority to take that action is transferred pursuant to the provisions of this act, remains in effect as if taken by the officer, section, division or department to whom that authority is transferred.
Sec. 28 This act becomes effective upon passage and approval for the purpose of authorizing any preliminary activities necessary to ensure that the provisions of this act are carried out in an orderly fashion and, for all other purposes:
1. This section and sections 2, 27 and 29 of this act become effective on July 1, 1997; and
2. Sections 1 and 3 to 26, inclusive, of this act become effective on July 1, 1998.
Sec. 29 The legislative counsel shall:
1. In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any reference to an officer, bureau, division or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, division, department or other entity.
2. In preparing supplements to the Nevada Administrative Code, appropriately change any reference to an officer, bureau, division or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, division, department or other entity.