Nevada 2019 Regular Session Status: Enacted

SB 71 — Revises provisions governing the Motor Carrier Division of the Department of Motor Vehicles. (BDR 43-228)

Last action — Approved by the Governor. Chapter 275.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced November 20, 2018. Enacted.

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Advancing 50% · moderate confidence

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High

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  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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Summary

AN ACT relating to vehicles; revising provisions regarding the expiration of registration for vehicles registered through the Motor Carrier Division of the Department of Motor Vehicles; authorizing certain motor carriers to provide evidence of registration and other licenses in an electronic format; providing that certain persons are jointly and severally liable with certain other persons for payment to the Department of certain taxes and fees relating to fuel; revising the definitions of “supplier” and “special fuel supplier” to include a person who exports certain types of fuel; authorizing the Department to enter into agreements with certain persons for the issuance and renewal of a special fuel users license; authorizing a special fuel user to provide evidence of a special fuel user's license in an electronic format; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

479 added · 509 removed

479 line(s) added, 509 removed.

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(Reprinted with amendments adopted on May 23, 2019) SECOND REPRINT S.B.
Senate Bill No.
71 SENATE BILLN O .
71–Committee on Growth and Infrastructure CHAPTER..........
71–COMMITTEE ON G ROWTH AND NFRASTRUCTURE (O N BEHALF OF THE DEPARTMENT OF M OTOR V EHICLES) PREFILED N OVEMBER 20, 2018 ____________ Referred to Committee on Growth and Infrastructure SUMMARY—Revises provisions governing the Motor Carrier Division of the Department of Motor Vehicles.
(BDR 43-228) FISCAL NOTE:
EfEffect on the State:
Yes.
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Legislative Counsel’s Digest:
LegiExisting law requires certain vehicles to be registered through the Motor Carrier Division of the Department of Motor Vehicles.
Carrier Division of the Department of Motor Vehicles.
Section 1 of this bill provides that the registration of any vehicle which - *SB71_R2* – 2 – established by the Department by regulation.
Section 1 of this bill provides that the registration of any vehicle which is required to be registered through the Motor Carrier Division expires on a date conforming change.
Section 12.5 of this bill makes aate conforming change.
Department by regulation.
Existing law also requires the owner of a registered vehicle to place a certificate of registration or a legible copy of the certificate of registration in the vehicle and to keep it in the vehicle.
Section 12.5 of this bill makes a Existing law also requires the owner of a registered vehicle to place a certificate of registration or a legible copy of the certificate of registration in the vehicle and to keep it in the vehicle.
Existing law requires certain taxes and fees on certain types of vehicle fuel be paid to the Department of Motor Vehicles, and authorizes the Department to impose penalties and interest if such payment is deficient or not timely paid.
Existing law requires certain taxes and fees on certain types of vehicle fuel be paid to the Department of Motor Vehicles, and authorizes the Department to 360A.100) Section 2 of this bill provides that a responsible person who willfullyRS fails to collect or pay to the Department any such taxes or fees or attempts to evade such payment is jointly and severally liable with any other person who is required to pay the tax or fee.
(NRS 360A.100) Section 2 of this bill provides that a responsible person who willfully fails to collect or pay to the Department any such taxes or fees or attempts to evade to pay the tax or fee.
Section 2 defines a “responsible person” to include a person whose job or duty it is to collect, account for or pay any such tax or fee and who attests to the accuracy of the payment of the tax or fee under penalty of perjury, - 80th Session (2019) – 2 – including:
Section 2 defines a “responsible person” to include a person whose job or duty it is to collect, account for or pay any such tax or fee and who attests to the accuracy of the payment of the tax or fee under penalty of perjury, including:
and (2) a member or employee of a partnership or limited-liability company.
and (2) a member or emplExisting law defines “supplier” for the purposes of laws governing motor vehicle fuel, except aviation fuel, and “special fuel supplier” for the purposes of laws governing special fuels.
Existing law defines “supplier” for the purposes of laws governing motor vehicle fuel, except aviation fuel, and “special fuel supplier” for the purposes of laws governing special fuels.
(NRS 365.084, 366.070) Sections 3 and 6 of this bill add to the definitions of “supplier” and “special fuel supplier” a person who exports the respective fuels to a location outside of this State.
(NRS 365.084, 366.070) Sections 3 and 6 of this bill add to the definitions of “supplier” and “special fuel supplier” a person who exports theExisting law requires certain special fuel users to be licensed by the Department.
Existing law requires certain special fuel users to be licensed by the Department.
(NRS 366.220, 366.221) Section 5 of this bill authorizes the Department to enter into an agreement with a special fuel user, or a service provider who is authorized by the Department to perform certain functions on behalf of a special fuel user, to authorize the special fuel user or service provider to issue a special fuel user’s license, renew a special fuel user’s license and issue certain identifying devices required for certain special fuel users.
(NRS 366.220, 366.221) Section 5 of this bill authorizes the Department to enter into an agreement with a special fuel user, or a service provider who is authorized by the Department to perform certain functions on behalf of a special fuel user, to authorize the special fuel user or service provider to issue a special fuel user’s license, renew a special fuel user’s license and issue certain or service provider must file a bond or certain other form of security with thel user Department.
Such a special fuel user or service provider must file a bond or certain other form of security with the Department.
Section 9 her vehicle on an electronic device which displays the license in an electronicn his or format.
Section 9 authorizes a special fuel user to keep his or her special fuel user’s license in his or her vehicle on an electronic device which displays the license in an electronic format.
Existing law authorizes the Department to enter into a cooperative agreement with other states and countries for the exchange of information regarding, and the auditing of, persons who use special fuel in motor vehicles operated or intended to operate interstate.
Existing law authorizes the Department to enter into a cooperative agreement with other states and countries for the exchange of information regarding, and the operate interstate.
(NRS 366.175) Section 7 of this bill identifies that agreement as theExisting law requires a special fuel user who fails to file a tax return or pay excise tax by the due date to pay a delinquent filing fee of $50 and a penalty of 10 percent of the amount of tax owed.
(NRS 366.175) Section 7 of this bill identifies that agreement as the International Fuel Tax Agreement.
Existing law requires a special fuel user who fails to file a tax return or pay excise tax by the due date to pay a delinquent filing fee of $50 and a penalty of 10 percent of the amount of tax owed.
- *SB71_R2* – 3 – Existing law authorizes the Department to enter into an agreement with certain departments or agencies of other states or countries regarding:
Existing law authorizes the Department to enter into an agreement with certain departments or agencies of other states or countries regarding:
(1) a plan to certain vehicles that operate between this State and such other states or countries.
(1) a plan concerning registration fees and certain other taxes;
(NRS 706.826) Section 12 of this bill identifies that plan as the International Registration Plan.
and (2) requirements that apply to certain vehicles that operate between this State and such other states or countries.
Registration Plan.ion 12 of this bill identifies that plan as the International EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Except as otherwise provided in this section and NRS 482.2065, every motor vehicle, except for a motor vehicle that is required to be registered [pursuant to the provisions of NRS 706.801 to 706.861, inclusive,] through the Motor Carrier Division of the Department, and except for a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483 or a moped registered pursuant to NRS 482.2155, must be registered for a period of 12 consecutive months beginning the day after the first registration by the owner in this State.
Except as otherwise provided in this section and NRS 482.2065, every motor vehicle, except for a motor vehicle that is required to be registered [pursuant to the provisions of NRS 706.801 to 706.861, inclusive,] through the Motor Carrier Division of the Department, and except for a full trailer or semitrailer that is - 80th Session (2019) – 3 – registered pursuant to subsection 3 of NRS 482.483 or a moped registered pursuant to NRS 482.2155, must be registered for a period of 12 consecutive months beginning the day after the first registration by the owner in this State.
2.
NRS 482.2065, every vehicle registered by an agent of the 8 and 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.
Except as otherwise provided in subsections 7 and 8 and NRS 482.2065, 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.
Except as otherwise provided in subsections 6, 7 and 8, when the registration of any vehicle is transferred pursuant to 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:
Except as otherwise provided in subsections 6, 7 and 8, when the registration of any vehicle is transferred pursuant to 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 beginning:on, be advanced for a period of 12 consecutive months (a) The first day of the month after the transfer, if the vehicle is transferred by an agent of the Department;
- *SB71_R2* – 4 – (a) The first day of the month after the transfer, if the vehicle is transferred by an agent of the Department;
(a) The first day of the month after the transfer, if the trailer is transferred by an agent of the Department;
- 80th Session (2019) – 4 – (a) The first day of the month after the transfer, if the trailer 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 482.399.
or (b) The day after the transfer in all other cases, and a credit on the portion of the fee for registration and the the current period of registration must be allowed pursuant to the applicable provisions of NRS 482.399.
The registered owner of a vehicle which, pursuant to the plan, must be registered through the Motor Carrier Division of the Department, in lieu of carrying a certificate of registration or a legible copy in the vehicle, may provide evidence of registration and other applicable licenses as an electronic image in an electronic format that can be displayed:
The registered owner of a vehicle which, pursuant to the Department, in lieu of carrying a certificate of registration or a legible copy in the vehicle, may provide evidence of registration and other applicable licenses as an electronic image in an electronic format that can be displayed:
- *SB71_R2* – 5 – (a) On an electronic device, which must be carried in the vehicle;
(a) On an electronic device, which must be carried in the vehicle;
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The registered owner or operator of a motor vehicle shall, upon demand, surrender the certificate of registration , [or] the copy , the electronic device or access to the electronic image for examination to any peace officer, including a constable of the township in which the motor vehicle is located or a justice of the peace or a deputy of the Department.
The registered owner or operator of a motor vehicle shall, upon demand, surrender the certificate of registration , [or] the copy , the electronic device or access to the electronic image for examination to any peace officer, including a constable of the - 80th Session (2019) – 5 – township in which the motor vehicle is located or a justice of the peace or a deputy of the Department.
No person charged with violating this section may be convicted if the person produces in court a certificate of registration or evidence of registration in an electronic format which was previously issued to him or her and was valid at the time of the demand.
No person charged with violating this section may be convicted if the person produces in court a certificate of registration previously issued to him or her and was valid at the time of the demand.
2.
As used in this section, “responsible person” includes:
and (b) A member or employee of a partnership or limited-liability company, whose job or duty it is to collect, account for or pay to the Department any tax or fee required to be paid to the Department pursuant to chapter 365, 366 or 373 of NRS or NRS 445C.330 or - *SB71_R2* – 6 – 590.120 and who attests to the accuracy of the payment of the tax or fee under penalty of perjury.
andn” includes:
(b) A member or employee of a partnership or limited-liability company,  whose job or duty it is to collect, account for or pay to the Department any tax or fee required to be paid to the Department pursuant to chapter 365, 366 or 373 of NRS or NRS 445C.330 or 590.120 and who attests to the accuracy of the payment of the tax or fee under penalty of perjury.
2.
- 80th Session (2019) – 6 – 2.
Produces, manufactures or refines motor vehicle fuel, except aviation fuel, in this State [.] ;
Produces, manufactures or refines motor vehicle fuel, except avi4.ionExports motor vehicle fuel, except aviation fuel, to a location outside of this State.
or 4.
Exports motor vehicle fuel, except aviation fuel, to a location outside of this State.
and (b) A service provider who enters into an agreement with the Department pursuant to this section shall file with the Department a bond of a surety company authorized to transact business in this State for the benefit of this State in an amount not less than $50,000.
and (b) A service provider who enters into an agreement with the Department pursuant to this section shall file with the Department a bond of a surety company authorized to transact business in this $50,000.r the benefit of this State in an amount not less than 3.
3.
If at any time a special fuel user or service provider is unable to account for an unissued license or an identifying device, - *SB71_R2* – 7 – the special fuel user or service provider must immediately pay to the Department an amount established by the Department.
If at any time a special fuel user or service provider is unable to account for an unissued license or an identifying device, the special fuel user or service provider must immediately pay to the Department an amount established by the Department.
6.
- 80th Session (2019) – 7 – 6.
As used in this section, “service provider” means a business or organization authorized by the Department to license a special fuel user or renew a special fuel user’s license on behalf of a special fuel user.
As used in this section, “service provider” means a business or organization authorized by the Department to license a a special fuel user.
Sec.
renew a special fuel user’s license on behalf of Sec.
Any agreement, arrangement or declaration, or any amendment thereto, is not effective until reduced to writing and signed by the parties thereto or their authorized representatives.
Any agreement, arrangement or declaration, or any amendment thereto, is not effective until reduced to writing and signed by the parties thereto or the2.
2.
auAn agreement may include, with respect to persons who use special fuel, provisions:
An agreement may include, with respect to persons who use special fuel, provisions:
and - *SB71_R2* – 8 – (f) Designed to facilitate the administration of the agreement.
and (f) Designed to facilitate the administration of the agreement.
The Department may, pursuant to the terms of an agreement, forward to the designated representatives of another jurisdiction any information in its possession relating to the manufacture, transportation, shipment, sale or use of special fuel by any person, and the location within this State of any motor vehicles owned by a person who has been identified by another jurisdiction as a user of special fuel.
The Department may, pursuant to the terms of an agreement, forward to the designated representatives of another jurisdiction any information in its possession relating to the manufacture, - 80th Session (2019) – 8 – transportation, shipment, sale or use of special fuel by any person, and the location within this State of any motor vehicles owned by a person who has been identified by another jurisdiction as a user of special fuel.
4.
the records of persons residing or doing business within that audit jurisdiction to determine if the special fuel taxes owing to each jurisdiction have been properly reported and paid, and requiring each jurisdiction to forward the findings of its audits to every other jurisdiction in which the person who is the subject of an audit has incurred tax liability as a result of his or her use of special fuel.
An agreement may provide that each jurisdiction shall audit the records of persons residing or doing business within that jurisdiction to determine if the special fuel taxes owing to each jurisdiction have been properly reported and paid, and requiring each jurisdiction to forward the findings of its audits to every other jurisdiction in which the person who is the subject of an audit has incurred tax liability as a result of his or her use of special fuel.
(b) Upon receipt of the application in proper form, issue to the applicant a special fuel exporter’s, special fuel transporter’s, special fuel user’s or special fuel manufacturer’s license.
(b) Upon receipt of the application in proper form, issue to the applicant a special fuel exporter’s, special fuel transporter’s, special fue2.
2.
- *SB71_R2* – 9 – (d) Who is in default in the payment of a tax on special fuel in this State, any other state, the District of Columbia, the United States, a territory or possession of the United States or any foreign country;
(d) Who is in default in the payment of a tax on special fuel in this State, any other state, the District of Columbia, the United - 80th Session (2019) – 9 – country;a territory or possession of the United States or any foreign (e) Who has failed to comply with any provision of this chapter;
(e) Who has failed to comply with any provision of this chapter;
and (2) Conspicuously display that identifying device on the exterior of the motor vehicle in such location as is required pursuant to the cooperative agreement.
and (2) Conspicuously display that identifying device on the to the cooperative agreement.
(b) At any time the special fuel user is using special fuel in this State, ensure that his or her license, [or] a reproduction of the license that is authorized by the Department [,] or an electronic device that displays the license in an electronic format that is authorized by the Department is located in the motor vehicle.
in such location as is required pursuant (b) At any time the special fuel user is using special fuel in this State, ensure that his or her license, [or] a reproduction of the license that is authorized by the Department [,] or an electronic device that displays the license in an electronic format that is authorized by the Department is located in the motor vehicle.
If proof of licensure is provided by means of an electronic device:
If proof of licensure is provided by means of an electronic dev(a) The person who presents the electronic device assumes all liability for any resulting damage to the electronic device;
(a) The person who presents the electronic device assumes all liability for any resulting damage to the electronic device;
366.270 If any person ceases to be a special fuel supplier, special fuel dealer, special fuel exporter, special fuel transporter, special fuel user or special fuel manufacturer within this State by - *SB71_R2* – 10 – reason of the discontinuance, sale or transfer of his or her business, the person shall:
366.270 If any person ceases to be a special fuel supplier, special fuel dealer, special fuel exporter, special fuel transporter, special fuel user or special fuel manufacturer within this State by - 80th Session (2019) – 10 – reason of the discontinuance, sale or transfer of his or her business, the person shall:
The notice must give the date of the discontinuance, sale or transfer, and the name and address of any purchaser or transferee.
The notice must give address of any purchaser or transferee.
2.
transfer, and the name and 2.
(c) A special fuel dealer or special fuel manufacturer, file the tax return required pursuant to NRS 366.386 and pay all taxes, interest and penalties required pursuant to this chapter and chapter 360A of NRS, except that both the filing and payment are due on or before the last day of the month following the month of the discontinuance, sale or transfer of the business.
(c) A special fuel dealer or special fuel manufacturer, file the tax return required pursuant to NRS 366.386 and pay all taxes, interest and penalties required pursuant to this chapter and chapter 360A of NRS, except that both the filing and payment are due on or before the last day of the month following the month of the discontinuance, sal(d) A special fuel exporter, file the report required pursuant to NRS 366.387 on or before the last day of the month following the month of the discontinuance, sale or transfer of the business.
(d) A special fuel exporter, file the report required pursuant to NRS 366.387 on or before the last day of the month following the month of the discontinuance, sale or transfer of the business.
2.
- 80th Session (2019) – 11 – 2.
A tax return, statement or payment is considered delinquent if it is not received by the Department on or before the date the tax - *SB71_R2* – 11 – return, statement or payment is due, as prescribed by the provisions of this chapter.
A tax return, statement or payment is considered delinquent if it is not received by the Department on or before the date the tax return, statement or payment is due, as prescribed by the provisions of this chapter.
3.
on the date shown by the cancellation mark stamped by the Unitedved States Postal Service or the postal service of any country upon an envelope containing the tax return, statement or payment.
A tax return, statement or payment shall be deemed received on the date shown by the cancellation mark stamped by the United States Postal Service or the postal service of any country upon an envelope containing the tax return, statement or payment.
3.
subject to NRS 706.801 to 706.861, inclusive, the reports and operator records of any such operator and the department may be disclosed to the extent necessary for this purpose.
For the joint audit of the reports and records of any operator subject to NRS 706.801 to 706.861, inclusive, the reports and records of any such operator and the department may be disclosed to the extent necessary for this purpose.
(a) If the application is an initial application for registration, before the time any fee becomes delinquent;
- 80th Session (2019) – 12 – (a) If the application is an initial application for registration, before the time any fee becomes delinquent;
and (b) If the application is for the renewal of a registration, on or before [December 1.] the first day of the month in which the registration expires.
and (b) If the application is for the renewal of a registration, on or before [December 1.] the first day of the month in which the reg2.
- *SB71_R2* – 12 – (a) Show the total mileage of motor vehicles operated by the person in this State and all states and countries during the next preceding 12 months ending June 30 and describe and identify each motor vehicle to be operated during the period of registration in such detail as the Department may require.
The application must:
(a) Show the total mileage of motor vehicles operated by the person in this State and all states and countries during the next preceding 12 months ending June 30 and describe and identify each motor vehicle to be operated during the period of registration in such detail as the Department may require.
(Deleted by amendment.) H - *SB71_R2*
(Deleted by amendment.) ~~~~~ 19 - 80th Session (2019)
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Amendments

2 amendments

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Action History

  1. Approved by the Governor. Chapter 275.

  2. Enrolled and delivered to Governor.

  3. Assembly Amendment No. 776 concurred in. To enrollment.

  4. In Senate.

  5. From printer. To reengrossment. Reengrossed. Second reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 39, Nays: None, Excused: 2, Vacant: 1.) To Senate.

  6. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 776.) To printer.

  7. In Assembly. Read first time. Referred to Committee on Growth and Infrastructure. To committee.

  8. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved. (Yeas: 21, Nays: None.) To Assembly.

  9. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 52.) To printer.

  10. Read first time. To committee.

  11. From printer.

  12. Prefiled. Referred to Committee on Growth and Infrastructure. To printer.

Sponsors

  • Senate Committee on Growth and Infrastructure · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Senate Committee on Growth and Infrastructure

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

taxation transportation
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Frequently asked questions

What does SB 71 do?
AN ACT relating to vehicles; revising provisions regarding the expiration of registration for vehicles registered through the Motor Carrier Division of the Department of Motor Vehicles; authorizing certain motor carriers to provide evidence of registration and other licenses in an electronic format; providing that certain persons are jointly and severally liable with certain other persons for payment to the Department of certain taxes and fees relating to fuel; revising the definitions of “supplier” and “special fuel supplier” to include a person who exports certain types of fuel; authorizing the Department to enter into agreements with certain persons for the issuance and renewal of a special fuel users license; authorizing a special fuel user to provide evidence of a special fuel user's license in an electronic format; and providing other matters properly relating thereto.
Who sponsors SB 71?
SB 71 is sponsored by Senate Committee on Growth and Infrastructure.
What is the current status of SB 71?
This bill has been enacted into law. Introduced November 20, 2018. Enacted.
Where can I track SB 71?
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