AB30_EN

Assembly Bill No. 30–Assemblywoman McClain

CHAPTER..........

AN ACT relating to motor vehicles; making various changes to the provisions governing the registration of motor vehicles by new residents of this state; revising the provision which directs the issuance of certain pro rata refunds for registrations transferred or cancelled under certain circumstances; 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 482.206 is hereby amended to read as follows:

482.206 1. Except as otherwise provided in this section,

every motor vehicle, except for a motor vehicle that is registered

pursuant to the provisions of NRS 706.801 to 706.861, inclusive, or

which is a motor vehicle with a declared gross weight in excess of

26,000 pounds, must be registered for a period of 12 consecutive

months beginning the day after the first registration by the owner in

this state.

2. Every vehicle registered by an agent of the Department or a

registered dealer must be registered for 12 consecutive months

beginning the first day of the month after the first registration by the

owner in this state.

3. Upon the application of the owner of a fleet of vehicles, the

Director may permit him to register his fleet on the basis of a

calendar year.

4. When the registration of any vehicle is transferred pursuant

to [the provisions of NRS 482.3667, 482.379 or] NRS 482.399, the

expiration date of each regular license plate, special license plate or

substitute decal must, at the time of the transfer of registration, be

advanced for a period of 12 consecutive months beginning:

(a) The first day of the month after the transfer, if the vehicle is

transferred by an agent of the Department; or

(b) The day after the transfer in all other cases,

and a credit on the portion of the fee for registration and the

governmental services tax attributable to the remainder of the

current period of registration must be allowed pursuant to

the applicable provisions of NRS [482.3667, 482.379 and] 482.399.

Sec. 2. NRS 482.260 is hereby amended to read as follows:

482.260 1. When registering a vehicle, the Department and

its agents or a registered dealer shall:

(a) Collect the fees for license plates and registration as

provided for in this chapter.

(b) [Collect] Except as otherwise provided in NRS 482.321,

collect the governmental services tax on the vehicle, as agent for the

county where the applicant intends to base the vehicle for the period

of registration, unless the vehicle is deemed to have no base.

372, 374, 377 and 377A of NRS.

(d) Issue a certificate of registration.

(e) If the registration is performed by the Department, issue the

regular license plate or plates.

(f) If the registration is performed by a registered dealer, provide

information to the owner regarding the manner in which the regular

license plate or plates will be made available to him.

2. Upon proof of ownership satisfactory to the Director, he

shall cause to be issued a certificate of ownership as provided in this

chapter.

3. [Every] Except as otherwise provided in NRS 371.070,

every vehicle being registered for the first time in Nevada must be

taxed for the purposes of the governmental services tax for a

12‑month period.

4. The Department shall deduct and withhold 2 percent of the

taxes collected pursuant to paragraph (c) of subsection 1 and remit

the remainder to the Department of Taxation.

5. A registered dealer shall forward all fees and taxes collected

for the registration of vehicles to the Department.

Sec. 3. NRS 482.3667 is hereby amended to read as follows:

482.3667 1. The Department shall establish, design and

otherwise prepare for issue personalized prestige license plates and

shall establish all necessary procedures not inconsistent with this

section for the application and issuance of such license plates.

2. The department shall issue personalized prestige license

plates, upon payment of the prescribed fee, to any person who

otherwise complies with the laws relating to the registration and

licensing of motor vehicles or trailers for use on private passenger

cars, motorcycles, trucks or trailers.

3. Personalized prestige license plates are valid for 12 months

and are renewable upon expiration. These plates may be transferred

from one vehicle or trailer to another if the transfer and registration

fees are paid as set out in this chapter. [Any person transferring

plates must be allowed a 1/12 reduction in fees for each calendar

month remaining unused from the previous registration, applicable

to the fees which are for the registration year for which the plates

are being transferred.]

4. In case of any conflict, the person who first made

application for personalized prestige license plates and has

continuously renewed them by payment of the required fee has

priority.

5. The Department may limit by regulation the number of

letters and numbers used and prohibit the use of inappropriate letters

or combinations of letters and numbers.

6. The Department shall not assign to any person not holding

the relevant office any letters and numbers denoting that the holder

holds a public office.

Sec. 4. 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

governmental services 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

governmental services 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, and governmental services 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 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

Department to reimburse the Department 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. 5. NRS 482.385 is hereby amended to read as follows:

482.385 1. Except as otherwise provided in subsection 4 and

NRS 482.390, a nonresident owner of a vehicle of a type subject to

registration pursuant to the provisions of this chapter, owning any

vehicle which has been registered for the current year in the state,

country or other place of which the owner is a resident and which at

all times when operated in this state has displayed upon it the

registration license plate issued for the vehicle in the place of

residence of the owner, may operate or permit the operation of the

vehicle within this state without its registration in this state pursuant

to the provisions of this chapter and without the payment of any

registration fees to this state.

2. This section does not:

(a) Prohibit the use of manufacturers’, distributors’ or dealers’

license plates issued by any state or country by any nonresident in

the operation of any vehicle on the public highways of this state.

(b) Require registration of vehicles of a type subject to

registration pursuant to the provisions of this chapter operated by

nonresident common motor carriers of persons or property, contract

motor carriers of persons or property, or private motor carriers of

property as stated in NRS 482.390.

employee.

3. When a person, formerly a nonresident, becomes a resident

of this state, he shall:

(a) Within 30 days after becoming a resident; or

(b) At the time he obtains his driver’s license,

whichever occurs earlier, apply for the registration of [any vehicle

which] each vehicle he owns [and] which is operated in this state.

When a person, formerly a nonresident, applies for a driver’s

license in this state, the Department shall inform the person of the

requirements imposed by this subsection and of the penalties that

may be imposed for failure to comply with the provisions of this

subsection. In addition, the Department shall maintain or cause to

be maintained a list or other record of persons who fail to comply

with the provisions of this subsection and shall, at least once each

month, provide a copy of that list or record to the Department of

Public Safety.

4. Any resident operating [a motor vehicle] upon a highway of

this state a motor vehicle which is owned by a nonresident and

which is furnished to the resident operator for his continuous use

within this state, shall cause that vehicle to be registered within 30

days after beginning its operation within this state.

5. A person registering a vehicle pursuant to the provisions of

subsection 3, 4 or 6 [of this section] or pursuant to NRS 482.390

[must] :

(a) Must be assessed the registration fees and governmental

services tax, as required by the provisions of this chapter and

chapter 371 of NRS[. He must] ; and

(b) Must not be allowed credit on those taxes and fees for the

unused months of his previous registration.

6. If a vehicle is used in this state for a gainful purpose, the

owner shall immediately apply to the Department for registration,

except as otherwise provided in NRS 482.390, 482.395 and 706.801

to 706.861, inclusive.

7. An owner registering a vehicle pursuant to the provisions of

this section shall surrender the existing nonresident license plates

and registration certificates to the Department for cancellation.

8. A vehicle may be cited for a violation of this section

regardless of whether it is in operation or is parked on a highway, in

a public parking lot or on private property which is open to the

public if, after communicating with the owner or operator of the

vehicle, the peace officer issuing the citation determines that:

(a) The owner of the vehicle is a resident of this state; or

(b) The vehicle is used in this state for a gainful purpose.

Sec. 6. 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 regular license plate or plates [thereon,] or special license

plate or plates issued pursuant to NRS 482.3667 to 482.3823,

inclusive, or 482.384, on the vehicle from which the registration is

being transferred, 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 governmental services tax

on the vehicle to which the registration is transferred over the total

registration fee and governmental services tax paid on all vehicles

from which he is transferring his ownership or interest. Except as

otherwise provided in NRS 482.294, an 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.

3. In computing the governmental services 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.] 4. 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.

5. If the amount owed on the registration fee or governmental

services tax on [that] the vehicle to which registration is

transferred is less than the credit on the total registration fee or

governmental services tax paid on all vehicles from which a person

transfers his ownership or interest, [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 governmental services tax on

that vehicle and the credit on the total registration fee or

governmental services tax paid on all vehicles from which a person

transfers his ownership or interest.

4.] no refund may be allowed by the Department.

6. 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.] 7. 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.

8. If a person cancels his registration and surrenders to the

Department his license plates for a vehicle, the Department shall , in

accordance with the provisions of subsection 9, issue to the person

a refund of the portion of the registration fee and governmental

services tax paid on the vehicle attributable to the remainder of the

current calendar year or registration period on a pro rata basis.

9. The Department shall issue a refund pursuant to

subsection 8 only if the request for a refund is made at the time the

registration is cancelled and the license plates are surrendered, the

person requesting the refund is a resident of Nevada, the amount

eligible for refund exceeds $100, and evidence satisfactory to the

Department is submitted that reasonably proves the existence of

extenuating circumstances. For the purposes of this subsection,

the term “extenuating circumstances” means circumstances

wherein:

(a) The person has recently relinquished his driver’s license

and has sold or otherwise disposed of his vehicle.

(b) The vehicle has been determined to be inoperable and the

person does not transfer the registration to a different vehicle.

guardians or survivors have sold or otherwise disposed of the

vehicle.

(d) Any other event occurs which the Department, by

regulation, has defined to constitute an “extenuating

circumstance” for the purposes of this subsection.

Sec. 7. NRS 371.070 is hereby amended to read as follows:

371.070 Upon [vehicles registered] the registration for the first

time in this state after the beginning of the registration year[,] of a

vehicle which is registered pursuant to the provisions of NRS

706.801 to 706.861, inclusive, or which has a declared gross

weight in excess of 26,000 pounds, the amount of the governmental

services tax must be reduced one-twelfth for each month which has

elapsed since the beginning of such year.

Sec. 8. NRS 371.080 is hereby amended to read as follows:

371.080 If any vehicle which is registered pursuant to the

provisions of NRS 706.801 to 706.861, inclusive, or has a declared

gross weight in excess of 26,000 pounds, and which is exempt from

the governmental services tax pursuant to NRS 371.100 ceases to be

exempt after the beginning of the registration year by reason of a

change of ownership, the amount of the tax must be reduced one-

twelfth for each month which has elapsed since the beginning of that

year.

Sec. 9. 1. This section and sections 1 to 4, inclusive, 6, 7 and

8 of this act become effective upon passage and approval.

2. Section 5 of this act becomes effective on January 1, 2004.

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