REQUIRES TWO-THIRDS MAJORITY VOTE (§ 2)          exempt

                                                  (Reprinted with amendments adopted on May 27, 2003)

 

Senate Bill No. 214–Committee on Transportation

 

February 26, 2003

____________

 

Referred to Committee on Finance

 

SUMMARY—Revises provisions concerning enforcement of requirement of registration of motor vehicle by new resident of this state. (BDR 43‑1058)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Contains Appropriation not included in Executive Budget.

 

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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 vehicles; requiring the Director of the Department of Public Safety to maintain local telephone numbers for reporting and to establish procedures for investigating certain violations relating to the registration of a vehicle; providing a penalty; making an appropriation; 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. Chapter 480 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  1.  The Director shall:

1-4  (a) Maintain local telephone numbers for persons in this state

1-5  to report to the Department information concerning alleged

1-6  violations of subsection 3 of NRS 482.385;

1-7  (b) Establish procedures pursuant to which employees of the

1-8  Department will:

1-9       (1) Receive the information reported pursuant to

1-10  paragraph (a);

1-11          (2) Obtain any relevant information available from the

1-12  Department of Motor Vehicles;

1-13          (3) Conduct an investigation of the alleged violation; and

2-1       (4) Determine the appropriate action to be taken in

2-2  response to the information reported pursuant to paragraph (a);

2-3  and

2-4  (c) If the Director determines that a person may be in violation

2-5  of subsection 3 of NRS 482.385, provide the name and address of

2-6  the person, and any other information he deems to be pertinent, to

2-7  a local law enforcement agency.

2-8  2.  The Department and each local law enforcement agency

2-9  shall maintain a record of any contacts with and investigations of

2-10  any persons alleged to be in violation of subsection 3 of NRS

2-11  482.385.

2-12      Sec. 2.  NRS 482.385 is hereby amended to read as follows:

2-13      482.385  1.  Except as otherwise provided in subsection 4 and

2-14  NRS 482.390, a nonresident owner of a vehicle of a type subject to

2-15  registration pursuant to the provisions of this chapter, owning any

2-16  vehicle which has been registered for the current year in the state,

2-17  country or other place of which the owner is a resident and which at

2-18  all times when operated in this state has displayed upon it the

2-19  registration license plate issued for the vehicle in the place of

2-20  residence of the owner, may operate or permit the operation of the

2-21  vehicle within this state without its registration in this state pursuant

2-22  to the provisions of this chapter and without the payment of any

2-23  registration fees to this state.

2-24      2.  This section does not:

2-25      (a) Prohibit the use of manufacturers’, distributors’ or dealers’

2-26  license plates issued by any state or country by any nonresident in

2-27  the operation of any vehicle on the public highways of this state.

2-28      (b) Require registration of vehicles of a type subject to

2-29  registration pursuant to the provisions of this chapter operated by

2-30  nonresident common motor carriers of persons or property, contract

2-31  motor carriers of persons or property, or private motor carriers of

2-32  property as stated in NRS 482.390.

2-33      (c) Require registration of a vehicle operated by a border state

2-34  employee.

2-35      3.  When a person, formerly a nonresident, becomes a resident

2-36  of this state, he shall:

2-37      (a) Within 30 days after becoming a resident; or

2-38      (b) At the time he obtains his driver’s license,

2-39  whichever occurs earlier, apply for the registration of any vehicle

2-40  which he owns and which is operated in this state.

2-41      4.  Any resident operating a motor vehicle upon a highway of

2-42  this state which is owned by a nonresident and which is furnished to

2-43  the resident operator for his continuous use within this state, shall

2-44  cause that vehicle to be registered within 30 days after beginning its

2-45  operation within this state.

3-1  5.  A person registering a vehicle pursuant to the provisions of

3-2  subsection 3, 4 or 6 [of this section] or pursuant to NRS 482.390

3-3  must be assessed the registration fees and governmental services

3-4  tax, as required by the provisions of this chapter and chapter 371 of

3-5  NRS. He must not be allowed credit on those taxes and fees for the

3-6  unused months of his previous registration.

3-7  6.  If a vehicle is used in this state for a gainful purpose, the

3-8  owner shall immediately apply to the Department for registration,

3-9  except as otherwise provided in NRS 482.390, 482.395 and 706.801

3-10  to 706.861, inclusive.

3-11      7.  An owner registering a vehicle pursuant to the provisions of

3-12  this section shall surrender the existing nonresident license plates

3-13  and registration certificates to the Department for cancelation.

3-14      8.  A [vehicle] person may be cited for a violation of this

3-15  section regardless of whether [it] the vehicle is in operation or is

3-16  parked on a highway, in a public parking lot or on private property

3-17  which is open to the public if, after communicating with the owner

3-18  or operator of the vehicle, the peace officer issuing the citation

3-19  determines that:

3-20      (a) The owner of the vehicle is a resident of this state; or

3-21      (b) The vehicle is used in this state for a gainful purpose.

3-22      9.  A citation must be issued to any person who fails to

3-23  register a vehicle within 10 days after the last day allowed for

3-24  timely registration pursuant to subsection 3. Any person who

3-25  violates the provisions of subsection 3 shall be punished:

3-26      (a) For each vehicle for which the person is in violation of

3-27  subsection 3, by a fine:

3-28          (1) Of $50 for the first 30 days the person is late in

3-29  registering the vehicle; and

3-30          (2) Of $25 for each additional 30 days the person is late in

3-31  registering the vehicle; or

3-32      (b) By a sentence to perform not less than 8 hours or more

3-33  than 350 hours of community service.

3-34      Sec. 3.  1.  There is hereby appropriated from the State

3-35  Highway Fund to the Department of Public Safety the sum of

3-36  $100,000 for the costs related to a multimedia advertising campaign

3-37  to inform the public about:

3-38      (a) The local telephone numbers maintained pursuant to section

3-39  1 of this act and their purpose; and

3-40      (b) The statutory requirements for the registration of vehicles in

3-41  this state.

3-42      2.  Any remaining balance of the appropriation made by

3-43  subsection 1 must not be committed for expenditure after June 30,

3-44  2005, and reverts to the State Highway Fund as soon as all

3-45  payments of money committed have been made.

4-1  Sec. 4.  This act becomes effective on July 1, 2003.

 

4-2  H