(Reprinted with amendments adopted on April 11, 2003)

 

Senate Bill No. 479–Committee on Transportation

 

(On Behalf of the Nevada Supreme Court)

 

March 24, 2003

____________

 

Referred to Committee on Transportation

 

SUMMARY—Prohibits Department of Motor Vehicles under certain circumstances from renewing registration of motor vehicle if court has filed notice of nonpayment of certain outstanding criminal fines and fees with Department. (BDR 43‑618)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

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

 

AN ACT relating to motor vehicles; prohibiting the Department of Motor Vehicles under certain circumstances from renewing the registration of a motor vehicle if a court has filed with the Department a notice of nonpayment of certain outstanding criminal fines and fees; authorizing a court to file a notice of such outstanding fines and fees with the Department of Motor Vehicles; 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 482 of NRS is hereby amended by adding

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

1-3  1.  The Department shall not renew the registration of a motor

1-4  vehicle if a court has filed with the Department a notice of

1-5  nonpayment pursuant to NRS 176.064 unless, at the time for

1-6  renewal of the registration, the registered owner of the motor

1-7  vehicle provides the Department with a receipt issued by the court

1-8  pursuant to subsection 4.

2-1  2.  If the registered owner provides a receipt to the

2-2  Department pursuant to subsection 1 and complies with the other

2-3  requirements of this chapter, the Department shall renew the

2-4  registration of the motor vehicle.

2-5  3.  Upon request of the registered owner of a motor vehicle,

2-6  the Department shall provide a copy of the notice of nonpayment

2-7  filed with the Department by the court pursuant to NRS 176.064.

2-8  4.  If a court files with the Department a notice of

2-9  nonpayment pursuant to NRS 176.064 and the registered owner of

2-10  the motor vehicle for which the Department received the notice

2-11  pays the court the entire amount of the fine, fee, assessment or

2-12  restitution imposed by the court against the registered owner, the

2-13  court shall issue to the registered owner a receipt which indicates

2-14  that the fine, fee, assessment or restitution has been paid.

2-15      Sec. 2.  NRS 176.064 is hereby amended to read as follows:

2-16      176.064  1.  If a fine, administrative assessment, fee or

2-17  restitution is imposed upon a defendant pursuant to this chapter,

2-18  whether or not the fine, administrative assessment, fee or restitution

2-19  is in addition to any other punishment, and the fine, administrative

2-20  assessment, fee or restitution or any part of it remains unpaid after

2-21  the time established by the court for its payment, the defendant is

2-22  liable for a collection fee, to be imposed by the court at the time it

2-23  finds that the fine, administrative assessment, fee or restitution is

2-24  delinquent, of:

2-25      (a) Not more than $100, if the amount of the delinquency is less

2-26  than $2,000.

2-27      (b) Not more than $500, if the amount of the delinquency is

2-28  $2,000 or greater, but is less than $5,000.

2-29      (c) Ten percent of the amount of the delinquency, if the amount

2-30  of the delinquency is $5,000 or greater.

2-31      2.  A state or local entity that is responsible for collecting a

2-32  delinquent fine, administrative assessment, fee or restitution may, in

2-33  addition to attempting to collect the fine, administrative assessment,

2-34  fee or restitution through any other lawful means, take any or all of

2-35  the following actions:

2-36      (a) Report the delinquency to reporting agencies that assemble

2-37  or evaluate information concerning credit.

2-38      (b) Request that the court take appropriate action pursuant to

2-39  subsection 3.

2-40      (c) Contract with a collection agency licensed pursuant to NRS

2-41  649.075 to collect the delinquent amount and the collection fee. The

2-42  collection agency must be paid as compensation for its services an

2-43  amount not greater than the amount of the collection fee imposed

2-44  pursuant to subsection 1, in accordance with the provisions of the

2-45  contract.

3-1  3.  The court may, on its own motion or at the request of a state

3-2  or local entity that is responsible for collecting the delinquent fine,

3-3  administrative assessment, fee or restitution, take any or all of the

3-4  following actions, in the following order of priority if practicable:

3-5  (a) Request that a prosecuting attorney undertake collection of

3-6  the delinquency, including, without limitation, the original amount

3-7  and the collection fee, by attachment or garnishment of the

3-8  defendant’s property, wages or other money receivable.

3-9  (b) Order the suspension of the driver’s license of the defendant.

3-10  If the defendant does not possess a driver’s license, the court may

3-11  prohibit the defendant from applying for a driver’s license for a

3-12  specified period. If the defendant is already the subject of a court

3-13  order suspending or delaying the issuance of his driver’s license, the

3-14  court may order the additional suspension or delay, as appropriate,

3-15  to apply consecutively with the previous order. At the time the court

3-16  issues an order suspending the driver’s license of a defendant

3-17  pursuant to this paragraph, the court shall require the defendant to

3-18  surrender to the court all driver’s licenses then held by the

3-19  defendant. The court shall, within 5 days after issuing the order,

3-20  forward to the Department of Motor Vehicles the licenses, together

3-21  with a copy of the order. At the time the court issues an order

3-22  pursuant to this paragraph delaying the ability of a defendant to

3-23  apply for a driver’s license, the court shall, within 5 days after

3-24  issuing the order, forward to the Department of Motor Vehicles a

3-25  copy of the order. The Department of Motor Vehicles shall report a

3-26  suspension pursuant to this paragraph to an insurance company or

3-27  its agent inquiring about the defendant’s driving record, but such a

3-28  suspension must not be considered for the purpose of rating or

3-29  underwriting.

3-30      (c) If the defendant is the registered owner of a motor vehicle,

3-31  file a notice of nonpayment of the fine, fee, assessment or

3-32  restitution with the Department of Motor Vehicles. The notice

3-33  must be filed electronically in the format and pursuant to the

3-34  procedures specified by the Department of Motor Vehicles and

3-35  include:

3-36          (1) The number of the license plate and the make and

3-37  model year of each vehicle registered in the name of the

3-38  defendant; and

3-39          (2) The amount of any fine, fee, assessment or restitution

3-40  owing, including the collection fee imposed pursuant to

3-41  subsection 1.

3-42      (d) For a delinquent fine or administrative assessment, order the

3-43  confinement of the person in the appropriate prison, jail or detention

3-44  facility, as provided in NRS 176.065 and 176.075.

4-1  4.  Money collected from a collection fee imposed pursuant to

4-2  subsection 1 must be distributed in the following manner:

4-3  (a) Except as otherwise provided in paragraph (d), if the money

4-4  is collected by or on behalf of a municipal court, the money must be

4-5  deposited in a special fund in the appropriate city treasury. The city

4-6  may use the money in the fund only to develop and implement a

4-7  program for the collection of fines, administrative assessments, fees

4-8  and restitution.

4-9  (b) Except as otherwise provided in paragraph (d), if the money

4-10  is collected by or on behalf of a justice’s court or district court, the

4-11  money must be deposited in a special fund in the appropriate county

4-12  treasury. The county may use the money in the special fund only to

4-13  develop and implement a program for the collection of fines,

4-14  administrative assessments, fees and restitution.

4-15      (c) Except as otherwise provided in paragraph (d), if the money

4-16  is collected by a state entity, the money must be deposited in an

4-17  account, which is hereby created in the State Treasury. The Court

4-18  Administrator may use the money in the account only to develop

4-19  and implement a program for the collection of fines, administrative

4-20  assessments, fees and restitution in this state.

4-21      (d) If the money is collected by a collection agency, after the

4-22  collection agency has been paid its fee pursuant to the terms of the

4-23  contract, any remaining money must be deposited in the state, city

4-24  or county treasury, whichever is appropriate, to be used only for the

4-25  purposes set forth in paragraph (a), (b) or (c) of this subsection.

4-26      Sec. 3.  Notwithstanding the provisions of sections 1 and 2 of

4-27  this act to the contrary, a court may not file a notice of nonpayment

4-28  pursuant to NRS 176.064 with the Department of Motor Vehicles

4-29  and no such notice is effective unless the Director of the Department

4-30  of Motor Vehicles has notified the Court Administrator in writing

4-31  that the Department is able to accept filings of notices of

4-32  nonpayment pursuant to NRS 176.064 electronically.

4-33      Sec. 4.  This act becomes effective on July 1, 2003.

 

4-34  H