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MINUTES

ENVIRONMENT AND PUBLIC RESOURCES COMMITTEE April 17, 1977

Members Present: Chairman Moody Mr. Polish

Members Absent:

Mr. Kissam Mr. Ross Mr. Coulter Mr. Rhoads Mr. Chaney Mr. Jeffrey

Mr. Serpa

Guests Present: Roger L. Steele, Legislative Expert Witness Dick Serdoz, Air Quality Officer, State of Nevada Daisy J. Talvitie, League of Women Voters John Holmes John Ciardella, Department of Motor Vehicles Robert Guinn, Nevada Motor Transport Association

Chairman Moody called the meeting to order at 8:44 p.m.

ASSEMBLY BILL 464 Mr. Ross presented his subcommittee report on amendments to A.B. 464, a copy of which is attached hereto and marked Exhibit A. Mr. Ross first delineated the changes that were disputed by either the De­partment of Motor Vehicles and others consulted with, as well as the committee members. These mainly consisted of technical changes to the bill.

The first area of dispute involved Section 2, subsection 1, at lines 14 to 19. However, it was determined that the committee ha already decided to amend this section by adding the following language at the end of line 19: "In counties having a population of 100,000 or more, the commission shall, in cooperation with the Department of Motor Vehicles and any local air pollution control agencies, adopt rules and regulations and transportation controls as may be necessary to implement such a program." Mr. Guinn said that the brackets around lines 9 to 14 should be removed, other­wise the commission could impose any standards they desired. The committee then decided that lines 9 to 14 should be retained and be limited to areas of 100,000 population or more. This would keep the statute essentially as written but limited to Washoe and Clark Counties.

The second area of dispute involved the posting of fees and inspec­tion procedures on the wall of inspection stations and providing for a statutory fee of not more than $10.00. It was agreed by the committee that rather than posting the procedures, the Department

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April 17, 1977

of Motor Vehicles would publish a brochure to be given each patron prior to the inspection. Mr. Guinn said he would like to see variabl fees provided for in the regulations and suggested the telephone number of the agency be in the brochure for possible complaints. The question of whether the fees would be fixed or variable and whether they would be by statute or regulation was left unresolved, to be decided by the committee.

The third area of dispute involved NRS 445.700 with respect to the fees charged for forms certifying emission control compliance. It was decided to add, under Section 1, a new subsection (c) which would specify that fleet stations may purchase the forms at $2.00 each. Also, under (a), the wording "and a fleet station," will be added at the end of the line.

The fourth area dealt with the gathering of test data, and was primarily a matter of deciding on language rather than an actual dispute. Mr. Ross stated that there needed to be some method of gathering data so that the state can evaluate the program to see if it is successful, whether the air is cleaner, and whether the inspection stations are doing their jobs. It was decided that Mr. Ross would work with the subcommittee and the bill drafters to come up with appropriate language.

Mr. Ross then moved to amend A.B. 464 as discussed, and as delin­eated in the attached Exhibit R, and for a Do Pass As Amended, with the understanding that the committee and the subcommittee will look over the reprint prior to putting it to a floor vote. The motion was seconded by Mr. Jeffrey and unanimously passed.

There being no further business, Mr. Moody adjourned the meeting at 9:20 p.m.

Respectfully submitted,

,J~/,,,__ ~~kLf" Sandra Campbell Assembly Attache

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EXHIBIT A Page 1

ENGINE EMISSION CONTROLS

445.610 Definitions. As used in NRS 445.610 to 445.710, inclusive, unless the context otherwise requires:

1. "Authorized station" means a station licensed by the department of motor vehicles for inspecting motor vehicles and pollution control devices for compliance with this chapter or any applicable federal or commission regulation and for installing, repairing and adjusting pollution control devices and motor vehicles to meet the commission's requirements.

2. "Commission" means the state environmental commission. 3. "Motor vehicle" means every self-propelled vehicle in, upon or by which

any person or property is or may be transported or drawn upon a public highway except devices moved by human or animal power or used exclusively on stationary rails.

4. "Certificate of waiver"' means a serially numbered device or symbol, as may be prescribed by the commission, indicating that the requirement of passing reinspection has been waived for a vehicle pursuant to the provisions of this chapter.

5. "Factory-installed system" means a motor vehicle pollution control system installed by the vehicle manufacturer.

6. "Fleet emissions inspection station" means any inspection facility operated under a pennit issued to a qualified fleet m,mer or lest:ee as determined by the department of motor vehicles.

7. "Inspection station permit" means a certificate issued by the department of motor vehicles authorizing the holder to perform vehicular inspections v1rsuant to the provisions of NRS 445.610.to 445.710, inclusive~ · ·····

8. "Motor vehicle pollution control device" means equipment on a motor vehicle for the puYpose of reducing the pollutants emitted from the vehicle.

9. ' 10fficial emissions inspection station means an inspectio~ facility, other than a fleet emissions inspection station.

445. 620 Power of commission to prescrib,e uniform emission standards for internal c·ombustion engines.

1. The state environmental commission may be regulation prescribe standards for exhaust emissions, fuel evaporative emissions and visible smoke emissions from mobile internal combustion engines on the ground o~ in the air, including but not limited to aircraft, motor vehicles, snowmobiles and railroad locomotives.

2. Such regulations shall be uniform throughout the State.

445.630 Power of commission to institute program of motor vehicle inspection and testing.

1. 1f the commission determines that it is feasible c1nd practicable to .irnp12m~n.:: a program of inspecting and test.ing motor vehicles and rr:oto::- vehich'. emission control systems, and if the implementation of such program is deemed necessary to achieve or maintain prescribed ambient air quality standards in areas of the state designated by the commission, the commission shall, in cooperation with the department of motor vehicles and any local air pollution control agency established under NRS 445.546 which has jurisdiction in a designated area, adopt such rules, regulations and transportation controls as may be necessary to implement such a program.

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EXHIBIT A Page 2

2. Such rules and regulations shall distinguish between light-duty and heavy-duty motor vehicles and may prescribe:

(a) Appropriate criteria and procedures for the approval, installation and use of motor vehicle pollution control devices; and

(b) Requirements for the proper maintenance of motor vehicle pollution control devices and motor vehicles.

3. Such rules and regulations shall establish: (a) Requirements by which the department of motor vehicles shall license

authorized stations to inspect, repair, adjust and install motor vehicle pollution control devices, including $1,000 surety bond, criteria by which any person may become qualified to inspect, repair, adjust and install such devices.

(b) Requirement by which the department of motor vehicles may license an owner of a fleet of ten [three] or more vehicles as an authorized station provided that such owner complies with the regulations of the commission. Such fleet owners shall only certify vehicles which constitute such fleet.

(c) Requirements for the proper maintenance of motor vehicle pollution control systems on vehicles owned by the State of Nevada or any of its political subdivision:

4. The commission shall consider, prior to promulgating any [rule or] regulation or establishing any criteria pursuant to subsection 2(a) of this section, the following:

(a) The avc-llability of devices adaptable to specific makes, models and years of motor ·vehicles.

(b) The effectiveness of such devices for reducing the emission of each type of air pollutant under conditions in this state.

(c) The capability of such devices for reducing any particular type or types of pollutants without significantly increasing the emission of any other type or types of pollutant.

(d) The capacity of any manufacturer to produce and distribute the particular device in such quantities and at such times as will meet the estimated needs in Nevada.

(e) The reasonableness of the retail cost of the device and the cost of its installation and maintenance over the life of the device and the motor vehicle.

(f) The ease of determining whether any such installed device is functioning properly.

[445.635 Compulsory motor vehicle emission inspection program limited to certain used motor vehicles. The authority set forth in NRS 445.630 providing for the implementation in any county of a compulsory motor vehicle emission inspection program is limited to used motor vehicles being registered to a new owner as provided for in mzs 445. 640.]

!,4.S.635 Compulsory motor vehicle ctns,non ins_r_t::'.~_tior. progrc1:'t limited to certain used 1c.otor vehicles. The authority set forth in NRS 445.610 to NRS 4!;5.710 inclusive is limited as follows:

1. In areas where the commission has imposed motor vehicle emission controls prior to January 1, 1977:

(a) Prior to July 1, 1977, to used motor vehicles being registered to a new owner in this state.

(b) After July 1, 1977, and.prior to July 1, 1978, to used motor vehicles being registered to a new owner or being registered for the first time in this state.

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EXHIBIT A Page 3

(c) After July 1, 1978, to all used motor vehicles being registered or reregistered in this state.

2. In all other areas where the commission elects to apply ·the provisions of NRS 445.630:

(a) After February 1, 1978, and prior to February 1, 1979, to used motor vehicles being registered to a new owner in this state.

(b) After February 1, 1979, and prior to February 1, 1980~ to used motor vehicles being registered to a new owner or being registered for the first time in this state.

(c) After July 1, 1980, to all used motor vehicles being registered or reregistered in this state.

445.640 Certificate of emission control compliance prerequisite to transfer of used motor vehicle in certain areas.

1. Subject to any applicable limitation of NRS 445.610 to NRS 445.710 [NRS 445.650] inclusive or any regulation promulgated pursuant thereto, no used motor vehicle as defined in NRS 482.132 raay be registered ~eEegistered by a new owner in certain areas of this state as designated by the commission unless the application for registration is accompanied by [a] evidence [certificate] of emission control compliance issued by any authorized station certifying that the vehicle is equipped with motor vehicle pollution control devices required by federal regulation or such other requirements as the commission may by regulation prescribe under the provisions of NRS 4L,5. 610 to 445. 710, inclusive.

2. If the seller of a used vehicle is required, pursuant to the provisions of NRS 482.424, to complete a dealer's report of sale, such seller shall also provide the buyer with any certificate of emission control compliance required pursuant to subsection 1.

3. The requirements of this section apply only in counties where a program of inspecting and testing motor vehicles and motor vehicle emission control systems has been implemented pursuant to NRS 445.630.

445.650 Exceptions to requirement of certificate of emission control compliance. The provisions of NRS 445.640 do not apply to:

1. Transfer of registration or ownership between: (a) Husband and wife; or (b) Companies whose principal business is leasing of vehicles, if there

is no change in the lessee or operator of such vehicle; or 2. Motor vehicles which are subject to prorated registration pursuant to

the provisions of NRS 706.801 to 706.861, inclusive, and which are not based in this state.

3. On and after Janu~ry 1, 1979, the provisions of NRS 445.640 shall not apply to: - -------(2) Transfer of reg:i.strntio, __ of a veh:i.cl'c: if

of compliance or a certi..ficate of waiver Vehicles over fifteen (15) years old.

the v~hicle has h~'ert issu":'d -

a certificate wii:i1in 90 days of t112 transfer. (b)

445.660 Department of human resources to provide assistance. In furtherance of the provisions of NRS 445.610 to 445.710, inclusive, and the enforcement thereof, the department of human resources shall consult with the department of motor vehicles and furnish them with tecl1nical information, including testing techniques, standards promulgated by the commiss1on and instruction for emission control features and equipment.

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EXHIBIT A Page 4

445.670 Evidence of compliance prerequisite to registration of vehicle. Registration branch offies of the department of motor vehicles and county tax assessor offices, acting as department agents in the collection of registration fees, shall not register a vehicle which is based in areas [a county] required by regulation to comply with NRS 445.610 to 445.710, inclusive, until evidence of compliance with NRS 445. 610 to 445. 710, inclusive, has been provided. Ovmers of fleet of ten or more vehicles may, upon application to the department, be authorized to file evidence of compliance with the department based on_schedules differing from registration or reregistration periods.

445.680 Installation or inspection of control device by authorized person required; unlawful issuance of certificate of compliance.

1. Any person may install a motor vehicle pollution control device, but no person who is not employed by an authorized station shall install a device for compensation. No such device shall be deemed to meet the requirements of NRS 445.630 to 445.670, inclusive, or rules or regulations of the commission or department unless it has been inspected in an authorized station and a certificate of compliance has been issued by such authorized station.

2. It is unlawful for any person, other than an inspector [or installelJ in an authorized station, to sign or issue a certificate of compliance required by this act.

445.690 Exemption of certain classes of motor vehicles. The commission may provide for exemption from the provisions of NRS 445.630 to 445.670, inclusive, of designated classes of motor vehicles, including classes based upon the year of manufacture of motor vehicles and shall provide for exemption from full compliance with prescribed emission and equipment standards where such compliance would involve repair and equipment costs exceeding monetary ltmit£._established by the commission to avoid unnecessary hardships to vehicle owners.

445.700 Fees: Amounts; collection and deposit; use of money; maximum inspection fees.

1. In areas of the state where and at such times as a program of implernen-· tation is commenced pursuant to NRS 445.630 to 445.670, inclusive, the following fees shall be paid to the department of motor vehicles and deposited in the state treasury:

(a) For the issuance and annual renewal of license for an authorized statio11. • . . . • . . • . • . . . • . • • . $25;

(b) For each set of 25 forms certifying emission control compliance. . . . . • • . . . . . . . . • . . • . 50.

2. All fees collected and de.posited in tl1e state treasury pursuant to subsection 1 of this section shall he held in trust as a credit to the department of motor 'Jehic:les to be withch:rn-m by that Je1lartment as needed to i1!lplem2nt NRS 445.610 to 445.710, inclusive.

3. The department of motor vehicles shall [may] prescribe by regulation routine inspection fees at the prevailing shop labor rate, including maximum charges for such fees, and for the posting of such fees and inspection procedures in a conspicuous place at the authorized station.

4. The authorized motor vehicle pollution control station shall not charge more than $10.00 for inspection of .a motor vehicle in accordance with the vehicle emission inspection test procedures established by the commission.

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445.710 Penalties.

EXHIBIT A Page 5

1. A violation of any provision of NRS 445.610 to 445.710, inclusive, relating to motor vehicles, or any rule or regulation promulgated pursuant thereto relating to motor vehicles, is a misdemeanor. The provisions of NRS 445.610 to 445.710, inclusive, or any rule or regulation promulgated pursuant thereto, shall be enforced by any peace officer.

2. Satisfactory evidence that the motor vehicle or its equipment conforms to such provisions, rules or regulations, when supplied by the owner of such motor vehicle to the department of motor vehicles within 10 days after the issuance of a citation pursuant to subsection 1 may be accepted by the court as a complete or partial mitigation of the offense.

New Section: The department shall investigate the operation of each authorized station as

the conditions and circumstances of such operation may indicate. He may require the holder of any license for an authorized station to submit such documentation required concerning the operation of such inspection station. The director may revoke and require the surrender and forfeiture of any emissions certificates of inspection of such licensee if he finds that such station is not operated in accordance with Chapter 445 of NRS and the lawful regulations adopted by the commission or the holder of such permit has failed or refused to submit records or documentation required.

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EXHIBIT B Page 1

A.B:464 ..

ASSEMBLY BILL NO. 464-ASSEMBL YMEN SCHOFIELD, VER-GIEtS, JEFFREY, WAGNER, HOR.l'f, GOMES, DREYER, GOODMAN, HICKEY, BANNER, SENA, ROBINSON, BROOK-MAN, HAYES, KISSAM. ROSS AND KOSINSKI .

MARCH 15, 1977

Referred to Committee on Eni.·ironment and Public Resources

SUMMARY-Requires certib1o of emission roatroi compliam;a be~• : moior vehicle is f"l:i~14rld.. (BDR 40-98?) .

FISC/\L NOTE: Local Government lmpact: No. Sblo or tn~ IR>UtllllCe lmpad: NO:

~

. -·--· · AN ACT relatin1 to ~istration of motor vehicles; r.qulrlnJ 3. certlllcato · of cm~·

sion control comp,iaace before motor vehicle ii re~ requirins sblo , environmental commission to desiimato n=ptabi. cmwiM control s,uem,:

permitting authori?t:d stations to cho.rgo for in.."Poctin1 a motor vehid&; an-:! providia1 other matt=n propcrly_relating theroto. , · . . _;

The People of the_State of Nevada, represented in. Seriate ~& Assembly: · ·. doenactasfollows:· ·: · ·. • .', .

•. ..: ~ .. ,.

Section L NRS ·445.610-is here.by amended to read ·as follows:

~5.610 DeiMi''· P · As 1JSed in NRS 445.610 to 445.710, inclu­sive, ttrlkss the conte~t otherwise requires:

1. "Authorized station" means n stationW.:ecsed by the departmeat or motor vehicles for insp:cting motor vehicles and pollution control

,,wices for complianc~ with thh chapter or aay applicable federal or <=•Jmmission regulation ~d for in.stalling, repaidng and adjusting pollution et•ntrol devices and n,otor vehic,;:.~ to meet the 1,;omrr.iS$i011':; rcqui,e-ru~r,!'5

2-/uee· .. if. t f ·1 ..... t:if· . ... -- - • rt 1.ca e o -wa ve.i;- means a ,;:,er 1.cate

whi&lt is issus;___d whgn a motor phi c}.. :is not" uq .. ; ~sd · · E,o bs insoacted,;

3 • . "Commission" means tho states C}!_Viro01nenttll ~Ion. . . - -· o ,I, !:~.i-- < -

4. rrFleet station11 mean§ a facility which is nu-t:ho-r~ . by the de artmant of motor ~ehicles to conduct ins. ect'Ions of ~otor vehicles o~ qua i ie o-:-mars or esseeso

Ciiu.Jl "Motor vehicle" rnenns every selt-propeuea venic1e m, upon o. by - which any pel'SO!l or property is or may be transported QC drawn upon a

public highway except devices moved by human or animal power or used exclusively on stationary rails.

(Ae!-111d ;e ~S ll,i Hl:JJ, l70~

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EXHIBIT B Page 2

__ Sec. 3. NRS a-45. 635 is . ha:rehy amendE:d t_o read as _£~ llows :

Th~.r.~q~ire~~~ ;or evidence of compliance_-with a • 'et'iH- if.t..-. •1 . _ complusory: motor vehicle emission .c - o.J. program is ___________ _

limited in the following manner:

1. In areas where a program was implemented before

January 1, 1977; . ·-· . --·- __ ....,.....;__;;._-,.~.,,c...-..,..

(c.) On or after July 1, 1977 and bezore November 1, 1978,

/t';j. only used motor vehi~les being registered to a new o•mer -- ---··· n· ... I /"1 or ooing registered for the first time a:ce required to

/),/ •·

_J,f have evic!~nce of co:npl:la!!ce; and "•\ii"\ !;Ji·::. . (b) .After Novenber 1, 1978, all used motor vehicles being ff, \ '

~-·::::::.:=-~et2:.~t:~ir;in this state are required to have evidence of . . . . / -

CC™pliance •. - ... ;i.~~--~ - - . • .

2. Infareas where the commission implements or elects to~ \.-~---- - ..

im2lement a progr.3!!_1:

... ·- - . ·ca) 0n·or after February 1, 1978-and ·before February' 1, 1979; -- -

all used ·mob:ir vehciles being registered to a new owner are

required· t·o have evidence of compliance;

(b) On or after February 1, 1979 and before February 1. 19\30, :·

only used motor vehi:cles being registereci to a1-i new owner or

being registered for the- first time in this state are required

to have evid~nce of ccr.noliance; . -,., / .... ,,. 1,

(c) After 3~, 1980 all used motor vehicles being registered

are required to have evidence of compliance.

r .. \_:,,.Vf"-

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EXHIBIT B Page 3

S~c. 2. NRS 445.630 is hereby amended to read as foll<Y~s: /

1. In counties having a population of 100,000 or more,

the commis3ion shall, in cooperatf.on with the department of

motor vehicles and any local air pollution control agency,

adopt regulation3 for motor vehicle emission control systems.

2. ~IF] In counties having a population of less than

10~ 1 000,_ if~ )r-v"" ,,

9 44S ,30 · l 'S'" tho commission determines th:it it i:> feasiblo and · 10 practicabl,s to implement a program of inspecting and testing motor 11 vehicles and motor vehicl4 emission control ~yste:ns, and if th~ imple-12 . ment:itioo of s.ich program is deemed ~ry to achieve or maiot:1\n 13 prescribed nmbiei>t air ttuality standarml io areas of the state designated 14 by tho commission,7,hci . commissio'nshall, in cooperation with the 15 . department of Itiorar vehicles :ind any local air pollution control ager:cy 16-- ii:stablished und~r NRS 445.546 which has jurisdiction in a designat~

.. •·· 11 'area, adopt rs;.icb rules1 regulations and transportation controls. as may · 18 be necessary to implemi:iit such a prog.am., . · . · · ·

19. · . . ' ,... Vi

1 2. . [Such rules :i.::d] TJ1e regulations shall distinguish between light-. 2 · duty and he:ivy-duty motor vehicles and may prescribe: . 3 (a) Appropriate criteria. aod procedures for the :i.ppcoval, installation 4 and use of motor vehicle pollution control devices; and

-5 · (b) i't~uiremeats for the proper mainte1!ance ot mvtor vehicle pollu-6 tion control c!e,ices ::.nd :notor vehicles. . . . · 7 3. [Such rules and] The regulations shcll establish: 8 . (a) Requirements by which the deparrm.-nt of motor vehicles shall 9 hce!'se authorized stations to inspect, r.:p:iir, adjust and install motor

. . 10 v::h1.:l-: pollnt:or. con!ml device:;, mduding crit~rla by which a,1y p.;:rson

L

~ 11 may be::om::1 quallied t.:> i:lspect, repair, adjust anti install su<.:h davices. · ~\~~ _12 (b) Reoujrer::ent~ by whkh the departraent of motor vehicles may (\.._,\I_ .u 4 k\:::: i; • · · 13 license an ownei'loi a Jteet of three or more vehicles as M ~ 1 I >H[ -----1,.,;.; -\ U.V _

- 14 ~tati~--!!.:ovidw chat suffi;9-'yner compl:es with the regulations of the (" ....{w f'- . .1. . . fo comm1ss1on. line A#.-=---.i}shnll only certify vehicles which constitute -1,lli _ u-:..>.~6 ·. lleeL · · · ·· . · -¼~\,-..~· · · (c) Reqtrl.;e~~nts by which. the department of motor ----···•····- r~J- •··-------·-·•-- -·· ··- -·--••·-·•-·••---····· ---·-·- .... _.,,,.(- ·--·-·•-·•·-·- ----

-- vehicles sh3ll nrovide for insp~ctions oftvehicle ---·--- . ---·-•· -··•·-··---···-· ··-· .. ---··· . •·~ .. '\.. ... -· .

cOft-:~eJ_~· .,; =~own9d by this state~ any of its - -- - --:--::-:----:::-- ~ --- . --- - . --·-·-poli~ical subdivisions.

···- ·-···· ----· 17 4. The· commission shall consider, [prior to promulgat:ng any rule 18 or] before adoptir.:: any regulation or est::b:ishing :my critcri::i pursuant 19 to subsection 2: rof t.iis section, the following:] 20 (a) The availability of d,wices adaptable to specific mak.:s, models 21 and years of motor vehicle!. . 22 (b) The effectiveness of such devices for reducing the .:rnissk,n of each 23 type of air pollutarit under conditions in this state. · 24 (c) The capali:ii:y of $UCh d;::~;ces for reducing any par!iC'Jl:tr tyre ,:,r .. 25 types of pollut::ints without significantly increasing the emission _o any 26 other type or types of poHut:ini .. 27 (d) The capacity of any manufacturer to pwduce and distribute thc 28 particular device in su.:h quantities mid at such times as will meet the 29 estimated need:; in Ncvac!3. r.·_; ( c) The reason:tble!'!ess of the rc!ail C(lst of the device and the cost o! 31 its installation and m::intenanc<! O\'Cr the life of the device and the motor 32 vehicle. 33 (f) The c::se of C:c:;;rrnining whether any such instalh:d device is !ur.c-Si · tionin.l( properly.

I . I I I I I

I 5, Popul~tion i3 determined by using tha last preceding

national census of the Bureau of the Census of the United

States DepartF;ent of Corr.merce.

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EXHIBIT B Page 4

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/

· tJ lL-!>. *I.\, \. {o f ~ -~~~-• ) I"_,"'±~ : ~~~N,~:-~~~~~::~~iP~~g~e~!~~~tf:n~&si+s.G:.o ~-.-. J L ui~1~\c~L, 37 any regulation p. k. ,!.,,!t!~d /11:s _____ : l:'1~,n .. J no us4:d motor veliidt: as . ~I~ - --_-:r-y.):v \.t ..._.,"""'. 38 defined in·NRS 482.132 may be registered i., e F.iw ,.· 1·:1d~ in cert<!in~~Lb - --39 u~ .... ,- -c .. t.:- ... ·•·!1 :ar Ela·iz·•·~?J '-1y t~!· -::r~n::_·-::?n . • : ·:1.,· ... :1 L·.',icl;.t . . _ Yu ... • ·-·· ·.-- -40 slr· .. " ., •lei 2..,:s.t, e\! :,J t'M d,·/rr: ·n:1· ~:.' ::ut-1 ~--:-•.: ·'··s uu!ess tbe ,!JJ-~ 41 application fo~ registration is accompanied by, c~r•i·'·· ··.,,o ", 1s;1on __ ..... . 42 contro!-compliam::.:: i:;sued by 11ay authorized·statioo.{~;:rtuymg that toe 43 .vehicle is equipp~ with motor vehicle pollution control d.:vices required 6---~lu.,\.4\Cl!.\•c 44 by federal rc~ation or';l7such .other requirements as the commiss1on may -45 by regulation prcscnoe ifi'tdcr the provisiong of NRS 445.610 to 4-?5.710, 46 inclusive. . : . - · - . · _ . . . . .. · 47 2. If the seller of a used vehicle is r~uired, pursuant to the pwvi-46 sions of NRS 482.424, to complete a ue::ile:'s reoo:t of s::ile, such s.eU.:r 49 shall also provide the buyer ,vith any :::ri~--~,ot emission contro com-50 ~lian~~~ pursuant to sub!ec~on !· __ : _ _ __ ·· . • · . _____ . L

I .· 3. : The rcquiremen!:5 of this section apply only in ~~ 6..'!--(1.A Hi \__ 2 program of inspecting and testing motor vehicles and motor vehi~i;;·;~s: · I - .A7\ ~

. 3 sion control systems has been implemented pursu:ut to NRS 445.630;,l. . , \. .. --.-.. - . .• . :~ ..... t,-_:'f-.:.:IJ,.JisJa_J,.3J£,;. .. !..#;"&!.7• •• · •o- •••-•...:.:...:•_::.._ • ·-•~-• J

··--· ·------·-·

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EXHIBIT B Page S

Sec. 5. NRS 445.650 is hareby amend~d to read as folaows: 445.-650 &c«,7tic,a; ,~ ,, .• ~,·11me11t e! ce:t:Scnh o: ..... s/ io6s to.thifi

419,11:,I 1111 ue, The provisions of NRS 445.640 do not apply to: 1. Transfer of registration or ownership between: (a) Husband and wife; or

• Cb} Compa_nies whose principal business is leasing of vehicles, if there lS no change i:i the lessee or operator of such vehlcle; or

2. Moto~ vehicles which are sul-ject to prorated registration pursuant to the pro\·ls1ons of NRS 706.801 to 706.861, inclusive, zad which arc r.01 bas~d in this state.

(AdcLd .o MUI b; 1973, i 70+, .

3. Transfer of registration~~fter January 1, - .. -.. .. __ .,,

1979 if a certificate of compliance or certificate of

waivar was bsued uithin 90 day& before the transfer •

. . \., . ····- ---- ·---·- .• ·•-· --------·--- --··-· -----···-------Sec. ~ NRS 445.660 is hereby amended to read as fol~ows:

445.660 Depart: 1~ .. ,, :iuJNAM •ts1&1•re1, ta p,,e :a:o S:arbtuR.e. In furtheran<:e of the J:•'·'•'sions of NRS 445.610 to 445.710, inclusive. and the en_forccment th::r~f. the department of hum:in resourcc:s shall con­sult with the depru-crnent of motor vchic!es and furnish them with techni­Cll info"'!a~on. inc!1;1ding t<;sting techniques,_(standardi promuly:ttetl by the co.nm1SS1on and 1nstructio!l for emii.s1on control features and equip­ment.

(hl!! •• h! ,.;i::,~t,,119n, :,o;,,,.1'."'-', 11g.;, ._ .. ,,, ..

1l -·-·· I ·v/ --· i .. l '~· _....,1 ·-. -- ______ ..__~-- -·-·~

:.:· . / · Sec. 7. NRS l;.45.670 is hereby amended to read es follows: 1

--- !-. ~ ··,. - ··- ... - -·-· ·•· -- . -·--- -·-· .. ·--! ~/\ k-'----~"~:i.670 Evide .•• ~ 11{ ei,1,1,,::,,.aee pc.ei.,ni.,ilc ft; 1,c;0 is!.a!:o.1 of 1e!.i• ...--1 .. __ 1 .. _,,\I. - I, .~ ,- 1~,::gistration branfflch oflicC;S of thde department of motor vehicles and ____ ___ _ \· . , ,/ ( \r~->_~\

•J c) coun,y tai: assessor o ces, acting as epartmcnt agents in the collection ,_, i.,..,... wJ~·:,., \ • of repstn;tion fees, shall not register a vehicle which is based io a county- ~ • requircd\'Qy regulalion7to comply with NRS 445.6!0 to 445.710, inclu- · sive, until e\ideace or'compliance with NRS 445.610 to 445.710, inclu-sive, has been provided.

(M·'•il ~a >ms b) 1973, 1784)

~ehicles may, upon applicat:ion to the department of

moto~ v~hicles, file evidence of co~pliance with th~ --- - . -· -

department in a manner determin2d by the d2partrnent.

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-355·

·I

! ··i

I • I --,

--------~ ( /..ul i/,1-h·:

EXHIBIT B Page 6

Sec. 8. NRS 445.680 is hereby ~ended -~o read es follows: 445.680 Jn-';:i)Jq••9,q lit t,rr.ttti, ~. ar tblihV~ ,,_,icto. LJ .tGtl~

. r•J:)if*U CCCjrf;-,r': ..... • ... tpJ "•-pa Jw9 If iil!ifsc:n!:: :,i c&o:piin~e. lJ Any person u:ay install a motor vehicle pollution control device. - c;... ~~w t no person who is not employed by an authorized statioiy

0

~s:;;h~cl,.:l:,:m;.:s~ta°'ll;-----a device for comp,:nsatioo. No such di:\'ice shall be deemed to meet the M~ ,.,.. requirements of NRS 445.630 to 445.670, inclusive, or rules or regula-tions o,f the commissio~ or ~::partment unless it hn been insp_."Ctcd in nn _ J..,J ~-..,..---u-autho';?_'.~<l stat!oiilaoc!1a.ccrn.'icatc1!>1 complumce liaslie;:n mued h_}QuchJ r---._ ,r

..1m1hot1:zed,st:ltion; ;;J · 1 ,._.,_\

LI. It is "iiiitawful for any person, other than an inspector or installer in . an authorized station, to sign or issue a certif:cate of compliance r..:quir.:d by thisacCJ

(At:.!.t! ie ?r:·,s o, ::·:-;, i73,ij

Set·. 9. NRS-445.690 is hereby arnendad--to read as follows: ,:·tS.590 '.E:?Lt? t!iS:u ef eu!oiu elR:tJ!d r,£ r..e!er ,1?:1:,::s. \~he com .. ·

mi.;: ion m::y provide for exemption from the provision:. of NRS 445.630 to 445.670, incl~ive, of designated classes of motor vehicles, including classes based upoll die year of m:mufacture of motor vehi~les.

(.\r!El~ct te !'iRS i:; i 97~, rnq

2. The commission shall provide for exemption from the

provisions of ffeS 445.630 to tr4.59670, inclrtsive •

if complianc~ involves repair and equipment costs which

exceed the lir~,_?..ts established by the commission. T~J;_

cc:mnission shall establish the l:taits in a nan.1ar which

avoids unnec3ssary financial hardship to motor v~hicle owners.

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356

EXHIBIT B Page 7

- - -\.0, -- .. r, ~Ee.-.. N!C> 44:i.700 is hereby amended to re:id as follows: -6 445.700 I. . In areas of the state where and at such times as a pro-7 gram cf imph:mentation is commenced pursllllllt to NRS 445.630 to 8 445.670, inclu-.ive, the following fees shall be paid to the departm,mt of 9 motor vehicb and deposit:d in the stat~ treasury::-:---------

10 11 (a) For the issuance and allliwil ~ewal of license for an 12 -autboriz..-d station.9:£ ... ~ .. ;;_L:?.~t stacio~---···- $25; 13 (b) For each set of 25 forms certifying,_emissioo control com-14 -~ pli . . ·- •• -~• · s.o.

(c) For each form issued to a fleet . . . Station •••••••••••.••• ~ •• ~-•••••• · •••• 2

:t :~~~i!-~=ii1!~i;,~,:~~~:=~~:!ni .. --17 - s~a_ll be held in t[USt as a credit to the department of motor vehicles to be 18 wi:n~~wn• by that de_partmeot as needed to [unplemeotJ carry out the 19 p,.·,vmo,u-o/NRS44:>.610to445.710· inclusive.. .. -... ,: • .: · • 20_ ::_: .,, _The, c!~:,artm:mt of motor v~hicles may prescn"l>f! by-~iatioo 2~ rou,me mspec:.Mn. fees at the prevailing shop labor rate, including maxi-2t mum c~a.-ges .or such f=, and for the postrn;:: of such fees in a coospic-2·: uous p1~ce at;·tho authodzed ~tJ.tion.: : An ~·ur';ari;~•d :rtct:,011 tli~!I ,191 £ '.::. dut. e! t rf(; i -n t( f1 !f J jl'e1 :\" •'(91, 4 ",i•,• 1 I

·2.; ,st;-tf'; .:·;·f,•'7 ~~~. ~i ~~r:e;-;;_;:;4;.; ~-p;n=;;, ;.;;;, ;;;;:,':::~~=~g:le •• --· } J -· - ..

Sec. 11.

-. _, . l

.l

l,T~e di~~-~tor of the department of motor vehicles shall

adept wegulations which:

(a) Prescribe requirements for licensing authorized

stations and fleet stations;

----

(b) Prescribe th~ manner in which those station~ inspect

. .. ·- -( ~) h.-o;ide for .. any. fee, hcn:id -or· insurance wliidi. is -· n~cessarv to can:y,out the .. provisions -of.NRS 445.610.to-··· ----··

·445. 6-7rf; inclusiv~;;~

(d) Provide for an instructional pamphlet to be distributad

tQ.....Qm:t_ers of_ motor vehicles ue!:o::I'.! each inspection. The

p~Jililet shall contain infonnati on explaining m the ~~ /

r~~sons and mthoqs of the inspections.

2. The department shall issue to each authorized statio~f

a~ to each fleet station a copy of the regulations.

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357

,v EXHIBIT B Page 8

Sec.-~ It is unlawful for any person to:

.(a) .Possess any unauthorized evidence of compliance; ex

(b) Make, issue or use any imitation or counterfeit,

evidence 6£ compli~nce;

(c) Wilfully and knowingly fail to comply with any of the

provisions of NRS 445.610 to 445.670, inclusive, or with

any reguaation adopted by the department;

'(rl) Issue evidence of compliance i£ he is not ~ a 11.: ....... ,.:.. .. ,r. ,.,,., 1i.- .ftr•i

reppesentat:.1.~: of.:r:c: an authotl.zed station or a fleet station.

Sec. lk: .. 1. The department. shall .establish a.program.for ..

. ·--· inspectiog.._any _authorized..station_or. .fleet_station •.... _ ... --· .

...... 2. The department may require. the .owner. of the s tationto. _ --···• -·-· ·

. . . .submit any material which fla:lc:i: pertains to an inspection . _ _ _ .. ·- _ ..

. . program to the department. · Li.• itct--.~'-\_.,. ·• -·· ---

..... :.....3. The department may revoke :a.a~cl:z-a-1:-ion for an authorized

\'V \ ~., ....

statiop or a fleet station to conduct insp~ctions if:

(a) The station is not complying with the provisions of

NRS 445.610 to 445.670, inclusive; or ·furnish the·oepartment with

(b) '.J;he owner of the station refuses to 83:Cra!Gh.c: the regui.r~~-·---.

material.

·,4 1 ~ · ..... · · · -· Sec. B--. The commission :bi shall, in cooperation with the

department of motor vehciles, adopt regulations which

establish procedures for collecting, interpreting an<l

co~ralating info-::mation concerning·vehicle emission and

any costs which result ::b from an inspection program.

2. All information received by the commission or the department

of motor :sr-~~~3 vehicles is open to pu~iic insoectian •

... 3. r/J. rf!pOrt of such info:rmation- shall b2 .mad,lat l ';"a:ft' once

~·~_f{6<;Je1ohli£'i5n~~-r _/ \ ,,,- \' 1/'-1-~

1 \ Y~fi ~

Sec. M. The department shall p-..· ''.)are and submit ~h•l'!X to the

\.: ,,'lt- "60th . .v ,

session of the legislature a detailed analysis of the J '

( cos ts which are incurzed by owner~ o.i: motor V1;:~1icl1::5, th.a

ccmrnission and the department of motor vehicles and result

from complianc~with the provisions-of NRS 445.610·to 445.670,­

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EXHIBIT B Page 9

26 SEl::"'r. NRS 482.215 is beret.-. amended to read as follows: , · ·· ·. ·· . 2'i . 482.215 1. All appliC3tioos (or registration, except applic:itions for·. 26 rei:ewal registration, mall be mad,: as provided in this section. . • · J9 2. Appli~tions for all registrauons, except renew:il registrations,

. 30 shall be made in person. if practiCilble. ·to lllly office or agent of the · 31 department. · · . .. . .

32 • _3. ~ch application shall be mado upon the appropriate form fur:-S.'3 mshed by the department and shall cootllio.: · . . . : . 34 (a) The sigqar.m: or the owner. . 35 (b) Hisresidence :iddrcss. . • . . . . 36 (c) His declaration of .the county where he intc::i<ls the vc:hicle to be 37 · bas~ ur.tes, ,1: vehicle is d,:em,:d to have no ~ The. department 38 shall use this declaration to detennine the county to which the privilege 39 tax is' to be paid. · . . . 40 · (d) A brief description of the vehicle to be registered, including the

.,

4

·1 name of the maker, the. engine, identilicatiOtl or serial number, whether new or used, and the last license number; i1 known, and the state in which issued, and upon the registration of a new vehicle, the date of sale. by

44 the manufacturer or franchised and licensed dealer in this state foe the 45 m~ to. be ,egisteced to the person first· purchasing or op,:rating such (6 vehicle. . ·• · .. . ..... , ... '.' .;. .. : . . .. . : ,, .· . . . • . ... 47 (e? ~ signed_declaration by the applicant that ho has and win maintain

· 48 secullo/ as requiRd by chapter 698 of NRS covering the. motor vehicle to 49 beregisteced. · . · ----·-···-. 50 . (/) ;tw:- tJ.c-N v/ emimon control compliance. · · · . · · • . ---------- --· --------~----1 4 .. · The application. shall contain such other information as.may be

2 rcqlJ:ired· by the- department, and shall be. a~ by proof_ of ow~-. S ersh1p-satisfactory to tho departmenL. . . · ... . .. • • : - - • •:. ·. · 4 S. For.pw-poses of the declaration required by·pacagraph (e) of sub-

. 5 · sect,.,:: 3, · 'llehicles. which- 81'8" subject to the .liceose. fee :ind registration . 6 requi=.lnt:1 of the Inters~t!:•H!ghway User. Fee Apporti~nm~nt Act .7 (NRS 706.801 to 706.8'61, mclus1ve);'and which ace based 1n this state; S may ~·declared as. a fl~t by the registered owners thereof, on the·orig-9 . inal or renewal applications for proportioqal registration .. : : · :_ ·:' ·''.7 ' c

- - -. -·-,, -

. 10 S~ NRS 482'.28CJ.is hereby amended to read as follows~ , , 11 482.280- l. The registration of every vehicle referred :o in sub!ection 12 1 of. NRS 482.206 shall· expire at midnight on the 1~. day of the l:ist 13 montlt of the registration penod. The cegistcatioa ol every vehicle referred . 14 to in subsection-2 of-NRS 482.206 shall expire at midnight on December

'15 3 L Th<-" department: shall mail to eacb. holder of a- valid registration ccr-16'· tificate an application form for renewal registration for the·following re;- · ·

.· 17 istratiorr period;::Such ,forms shall be mailed• by the. -department in ·,·' Ut suffident time: to: allow all. applicants ·to mail• the:·.applications.- to the

·.: . · 1~ depart:nenrand to =ive new r~tralion certific:lt~ and license plates, 20 • stick..:rs, tal,s;or.other suitable devices by mail prior to expiration of sub-21 :. sisting reghtr:ttions;.;An applicantmay, if.he chooses, present the ap1J!ica-22 · tionto·anyagentoroffic:eofthedepartmenL· ·:.• ,· ·: _···. -:· -. ._:· 23 :-2. An application mailed or presented to the dcpartl!lenr or to a 24 , county assessor under the pco\isions of this section shall include: [c] 25: ·' •(a>A sigoed~eclaration by the applicant thnt he has and will maintain 26 security as required by chapter 698 of NRS covering. the motor. vehicle 2'i to be registered. · .. · . · · 28 (b) A;c~n'.{ .-.,/em1SS1on control compliance, . 29 . 3. The department shall insert in each application form mailed as 30 required by sub!ection 1 of this section the amount of privilege tax to be 31 collected for the county under the provisions of NRS 482.260. 32 · 4. An owner who bas made proper application for renewal of regis-33 tration previous to the expiration of the current registration but who has 34 not received the number plate or plates or registration card for the cnsu-35 ing registration period is entitl~ to operate or permit the operation of 36 such vehicle upan the highways upon displaying thetcon th::: number 37 plate or plates 1SS1:-:d for the preceding registration period for such time 38 as may be prescribed by the department as it may find m:cessary for 39 issuance of such new plate or plates or registration card. 40 S. TI1e registration fees for a motortr.1c!c and truclc trxtor, and for 41 any trailer or semitrailer having an unlad,m weight of 3,501 pounds or •12 more shall be reduced by one-twelfth for .:ach calendar month which has 43 elapse\! from the beginning of e:ich calend:u- year, the fee so obt:iined, 44 rounded to the nearest one-half dollar, but ia no event to be less than

:~ S~J%:i'-NRS-445.63Sis hereb;-;pe:it~Z-:) . "-..:.__-··- .... --···.. . •.· .

-16-.

-~ ··If--required~ '.!-..w .. ~'M-1 r-·- -- --· -·-·····- . i

. f----·-·-·-----

-··-'·---- ···----

-.·-·- -· ·-· --· ·•--

tf··required; !!,.w·~

359