Assembly Bill No. 434–Assemblymen Angle, Gustavson, Knecht, Andonov, Brown, Christensen, Goicoechea, Hardy and Sherer

 

March 17, 2003

____________

 

Referred to Committee on Transportation

 

SUMMARY—Requires Department of Motor Vehicles to authorize new vehicle dealers to issue certificates of registration, license plates and decals. (BDR 43‑1175)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to motor vehicle dealers; requiring the Department of Motor Vehicles to authorize new vehicle dealers to issue certificates of registration, license plates and decals for new vehicles sold by the new vehicle dealers; requiring the Department to adopt certain regulations; requiring the Department to waive certain requirements concerning the signatures of natural persons 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:

 

1-1  Section 1. NRS 482.1015 is hereby amended to read as

1-2  follows:

1-3  482.1015  “Registered dealer” means a new vehicle dealer who

1-4  is authorized to issue certificates of registration , license plates and

1-5  decals pursuant to NRS 482.216.

1-6  Sec. 2.  NRS 482.216 is hereby amended to read as follows:

1-7  482.216  1.  Upon the request of a new vehicle dealer, the

1-8  Department [may] shall authorize the new vehicle dealer to:

2-1  (a) Accept applications for the registration of the new motor

2-2  vehicles he sells and the related fees and taxes;

2-3  (b) Issue certificates of registration , license plates and decals to

2-4  applicants who satisfy the requirements of this chapter; and

2-5  (c) Accept applications for the transfer of registration pursuant

2-6  to NRS 482.399 if the applicant purchased from the new vehicle

2-7  dealer a new vehicle to which the registration is to be transferred.

2-8  2.  A new vehicle dealer who is authorized to issue certificates

2-9  of registration , license plates and decals pursuant to subsection 1

2-10  shall:

2-11      (a) Transmit the applications he receives to the Department

2-12  within the period prescribed by the Department;

2-13      (b) Transmit the fees he collects from the applicants and

2-14  properly account for them within the period prescribed by the

2-15  Department;

2-16      (c) Comply with the regulations adopted pursuant to subsection

2-17  4; and

2-18      (d) Bear any cost of equipment which is necessary to issue

2-19  certificates of registration, license plates and decals, including any

2-20  computer hardware or software.

2-21      3.  A new vehicle dealer who is authorized to issue certificates

2-22  of registration , license plates and decals pursuant to subsection 1

2-23  shall not:

2-24      (a) Charge any additional fee for the performance of those

2-25  services;

2-26      (b) Receive compensation from the Department for the

2-27  performance of those services;

2-28      (c) Accept applications for the renewal of registration of a motor

2-29  vehicle; or

2-30      (d) Accept an application for the registration of a motor vehicle

2-31  if the applicant wishes to:

2-32          (1) Obtain special license plates pursuant to NRS 482.3667

2-33  to 482.3825, inclusive; or

2-34          (2) Claim the exemption from the governmental services tax

2-35  provided pursuant to NRS 361.1565 to veterans and their relations.

2-36      4.  The Director shall adopt such regulations as are necessary to

2-37  carry out the provisions of this section. The regulations adopted

2-38  pursuant to this subsection must provide for:

2-39      (a) The [expedient and] secure issuance of license plates and

2-40  decals by [the Department;] new vehicle dealers who are

2-41  authorized to issue certificates of registration, license plates and

2-42  decals pursuant to subsection 1; and

2-43      (b) The withdrawal of the authority granted to a new vehicle

2-44  dealer pursuant to subsection 1 if that dealer fails to comply with the

2-45  regulations adopted by the Department.

3-1  Sec. 3.  NRS 482.260 is hereby amended to read as follows:

3-2  482.260  1.  When registering a vehicle, the Department and

3-3  its agents or a registered dealer shall:

3-4  (a) Collect the fees for license plates and registration as

3-5  provided for in this chapter.

3-6  (b) Collect the governmental services tax on the vehicle, as

3-7  agent for the county where the applicant intends to base the vehicle

3-8  for the period of registration, unless the vehicle is deemed to have

3-9  no base.

3-10      (c) Collect the applicable taxes imposed pursuant to chapters

3-11  372, 374, 377 and 377A of NRS.

3-12      (d) Issue a certificate of registration.

3-13      (e) [If the registration is performed by the Department, issue]

3-14  Issue the regular license plate or plates.

3-15      [(f) If the registration is performed by a registered dealer,

3-16  provide information to the owner regarding the manner in which the

3-17  regular license plate or plates will be made available to him.]

3-18      2.  Upon proof of ownership satisfactory to the Director, he

3-19  shall cause to be issued a certificate of ownership as provided in this

3-20  chapter.

3-21      3.  Every vehicle being registered for the first time in Nevada

3-22  must be taxed for the purposes of the governmental services tax for

3-23  a 12‑month period.

3-24      4.  The Department shall deduct and withhold 2 percent of the

3-25  taxes collected pursuant to paragraph (c) of subsection 1 and remit

3-26  the remainder to the Department of Taxation.

3-27      5.  A registered dealer shall forward all fees and taxes collected

3-28  for the registration of vehicles to the Department.

3-29      Sec. 4.  NRS 482.294 is hereby amended to read as follows:

3-30      482.294  1.  If the Department approves an application for a

3-31  person to participate in a program established pursuant to NRS

3-32  482.293, that participant may submit, by electronic means, a

3-33  document that is required to be submitted pursuant to this chapter

3-34  for the issuance or renewal of a certificate of registration, certificate

3-35  of ownership or certificate of title.

3-36      2.  If the signature of a natural person is required pursuant to

3-37  this chapter on a document that is submitted by electronic means,

3-38  the Department [may] shall waive that requirement if the participant

3-39  who submitted the document on behalf of that person complies with

3-40  all requirements of this program.

3-41      3.  Notwithstanding any other provision of law to the contrary,

3-42  a document that is submitted by electronic means pursuant to

3-43  subsection 1, if accepted by the Department, shall be deemed an

3-44  original document in administrative proceedings, quasi-judicial

3-45  proceedings and judicial proceedings.

4-1  Sec. 5.  NRS 482.399 is hereby amended to read as follows:

4-2  482.399  1.  Upon the transfer of the ownership of or interest

4-3  in any vehicle by any holder of a valid registration, or upon

4-4  destruction of the vehicle, the registration expires.

4-5  2.  The holder of the original registration may transfer the

4-6  registration to another vehicle to be registered by him and use the

4-7  same license plate or plates thereon, if the license plate or plates are

4-8  appropriate for the second vehicle, upon filing an application for

4-9  transfer of registration and upon paying the transfer registration fee

4-10  and the excess, if any, of the registration fee and governmental

4-11  services tax on the vehicle to which the registration is transferred

4-12  over the total registration fee and governmental services tax paid on

4-13  all vehicles from which he is transferring his ownership or interest.

4-14  Except as otherwise provided in NRS 482.294, an application for

4-15  transfer of registration must be made in person, if practicable, to any

4-16  office or agent of the Department or to a registered dealer, and the

4-17  license plate or plates may not be used upon a second vehicle until

4-18  registration of that vehicle is complete. In computing the

4-19  governmental services tax, the Department, its agent or the

4-20  registered dealer shall credit the portion of the tax paid on the first

4-21  vehicle attributable to the remainder of the current registration

4-22  period or calendar year on a pro rata monthly basis against the tax

4-23  due on the second vehicle or on any other vehicle of which the

4-24  person is the registered owner. If any person transfers his ownership

4-25  or interest in two or more vehicles, the Department or the registered

4-26  dealer shall credit the portion of the tax paid on all of the vehicles

4-27  attributable to the remainder of the current registration period or

4-28  calendar year on a pro rata monthly basis against the tax due on the

4-29  vehicle to which the registration is transferred or on any other

4-30  vehicle of which the person is the registered owner. The certificates

4-31  of registration and unused license plates of the vehicles from which

4-32  a person transfers his ownership or interest must be submitted

4-33  before credit is given against the tax due on the vehicle to which the

4-34  registration is transferred or on any other vehicle of which the

4-35  person is the registered owner.

4-36      3.  In computing the registration fee, the Department or its

4-37  agent or the registered dealer shall credit the portion of the

4-38  registration fee paid on each vehicle attributable to the remainder of

4-39  the current calendar year or registration period on a pro rata basis

4-40  against the registration fee due on the vehicle to which registration

4-41  is transferred. If the amount owed on the registration fee or

4-42  governmental services tax on that vehicle is less than the credit on

4-43  the total registration fee or governmental services tax paid on all

4-44  vehicles from which a person transfers his ownership or interest, the

4-45  Department shall issue to the person a refund in an amount equal to

5-1  the difference between the amount owed on the registration fee or

5-2  governmental services tax on that vehicle and the credit on the total

5-3  registration fee or governmental services tax paid on all vehicles

5-4  from which a person transfers his ownership or interest.

5-5  4.  If the license plate or plates are not appropriate for the

5-6  second vehicle, the plate or plates must be surrendered to the

5-7  Department or registered dealer and an appropriate plate or plates

5-8  must be issued by the Department[.] or registered dealer. The

5-9  Department shall not reissue the surrendered plate or plates until the

5-10  next succeeding licensing period.

5-11      5.  If application for transfer of registration is not made within

5-12  60 days after the destruction or transfer of ownership of or interest

5-13  in any vehicle, the license plate or plates must be surrendered to the

5-14  Department on or before the 60th day for cancellation of the

5-15  registration.

5-16      6.  If a person cancels his registration and surrenders to the

5-17  Department his license plates for a vehicle, the Department shall

5-18  issue to the person a refund of the portion of the registration fee and

5-19  governmental services tax paid on the vehicle attributable to the

5-20  remainder of the current calendar year or registration period on a pro

5-21  rata basis.

5-22      Sec. 6.  This act becomes effective on July 1, 2003.

 

5-23  H