Assembly Bill No. 19–Assemblywoman Chowning

 

Prefiled January 27, 2003

____________

 

Referred to Committee on Transportation

 

SUMMARY—Provides for issuance of “United We Stand” special license plates. (BDR 43‑217)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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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; providing for the issuance of “United We Stand” special license plates; imposing a fee for the issuance and renewal of such license plates; 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.  Except as otherwise provided in this subsection, the

1-4  Department, in cooperation with the Division of Emergency

1-5  Management of the Department of Public Safety, shall design,

1-6  prepare and issue “United We Stand” license plates to reflect

1-7  public solidarity after the acts of terrorism committed on

1-8  September 11, 2001. The design of the license plates must include

1-9  the phrase “United We Stand” and incorporate an image of the

1-10  flag of the United States. The colors red, white and blue must be

1-11  displayed on the license plates. The Department shall not design,

1-12  prepare or issue the license plates unless it receives at least 1,000

1-13  applications for the issuance of those plates.

1-14      2.  If the Department receives at least 1,000 applications for

1-15  the issuance of “United We Stand” license plates, the Department

1-16  shall issue those plates for a passenger car or light commercial

1-17  vehicle upon application by a person who is entitled to license

1-18  plates pursuant to NRS 482.265 and who otherwise complies with

2-1  the requirements for registration and licensing pursuant to this

2-2  chapter. A person may request that personalized prestige license

2-3  plates issued pursuant to NRS 482.3667 be combined with “United

2-4  We Stand” license plates if that person pays the fees for the

2-5  personalized prestige license plates in addition to the fees for the

2-6  “United We Stand” license plates pursuant to subsections 3 and 4.

2-7  3.  The fee for “United We Stand” license plates is $35, in

2-8  addition to all other applicable registration and license fees and

2-9  governmental services taxes. The license plates are renewable

2-10  upon the payment of $10.

2-11      4.  In addition to all other applicable registration and license

2-12  fees and governmental services taxes and the fee prescribed in

2-13  subsection 3, a person who requests a set of “United We Stand”

2-14  license plates must pay for the initial issuance of the plates an

2-15  additional fee of $25 and for each renewal of the plates an

2-16  additional fee of $20, to be used for the purposes set forth in

2-17  NRS 414.135.

2-18      5.  The Department shall deposit the fees collected pursuant to

2-19  subsection 4 with the State Treasurer for credit to the Emergency

2-20  Assistance Account created by NRS 414.135 within the Disaster

2-21  Relief Fund.

2-22      6.  If, during a registration year, the holder of license plates

2-23  issued pursuant to the provisions of this section disposes of the

2-24  vehicle to which the plates are affixed, the holder shall:

2-25      (a) Retain the plates and affix them to another vehicle that

2-26  meets the requirements of this section if the holder pays the fee for

2-27  the transfer of the registration and any registration fee or

2-28  governmental services tax due pursuant to NRS 482.399; or

2-29      (b) Within 30 days after removing the plates from the vehicle,

2-30  return them to the Department.

2-31      Sec. 2.  NRS 482.216 is hereby amended to read as follows:

2-32      482.216  1.  Upon the request of a new vehicle dealer, the

2-33  Department may authorize the new vehicle dealer to:

2-34      (a) Accept applications for the registration of the new motor

2-35  vehicles he sells and the related fees and taxes;

2-36      (b) Issue certificates of registration to applicants who satisfy the

2-37  requirements of this chapter; and

2-38      (c) Accept applications for the transfer of registration pursuant

2-39  to NRS 482.399 if the applicant purchased from the new vehicle

2-40  dealer a new vehicle to which the registration is to be transferred.

2-41      2.  A new vehicle dealer who is authorized to issue certificates

2-42  of registration pursuant to subsection 1 shall:

2-43      (a) Transmit the applications he receives to the Department

2-44  within the period prescribed by the Department;

3-1  (b) Transmit the fees he collects from the applicants and

3-2  properly account for them within the period prescribed by the

3-3  Department;

3-4  (c) Comply with the regulations adopted pursuant to subsection

3-5  4; and

3-6  (d) Bear any cost of equipment which is necessary to issue

3-7  certificates of registration, including any computer hardware or

3-8  software.

3-9  3.  A new vehicle dealer who is authorized to issue certificates

3-10  of registration pursuant to subsection 1 shall not:

3-11      (a) Charge any additional fee for the performance of those

3-12  services;

3-13      (b) Receive compensation from the Department for the

3-14  performance of those services;

3-15      (c) Accept applications for the renewal of registration of a motor

3-16  vehicle; or

3-17      (d) Accept an application for the registration of a motor vehicle

3-18  if the applicant wishes to:

3-19          (1) Obtain special license plates pursuant to NRS 482.3667

3-20  to 482.3825, inclusive[;] , and section 1 of this act; or

3-21          (2) Claim the exemption from the governmental services tax

3-22  provided pursuant to NRS 361.1565 to veterans and their relations.

3-23      4.  The Director shall adopt such regulations as are necessary to

3-24  carry out the provisions of this section. The regulations adopted

3-25  pursuant to this subsection must provide for:

3-26      (a) The expedient and secure issuance of license plates and

3-27  decals by the Department; and

3-28      (b) The withdrawal of the authority granted to a new vehicle

3-29  dealer pursuant to subsection 1 if that dealer fails to comply with the

3-30  regulations adopted by the Department.

3-31      Sec. 3.  NRS 482.500 is hereby amended to read as follows:

3-32      482.500  1.  Except as otherwise provided in subsection 2 or 3,

3-33  whenever upon application any duplicate or substitute certificate of

3-34  registration, decal or number plate is issued, the following fees must

3-35  be paid:

 

3-36  For a certificate of registration... $5.00

3-37  For every substitute number plate or set of plates  5.00

3-38  For every duplicate number plate or set of plates   10.00

3-39  For every decal displaying a county name      .50

3-40  For every other decal, license plate sticker or tab   5.00

 

3-41      2.  The following fees must be paid for any replacement plate or

3-42  set of plates issued for the following special license plates:

4-1  (a) For any special plate issued pursuant to NRS 482.3667,

4-2  482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to

4-3  482.3816, inclusive, and section 1 of this act, a fee of $10.

4-4  (b) For any special plate issued pursuant to NRS 482.368,

4-5  482.3765, 482.377 or 482.378, a fee of $5.

4-6  (c) Except as otherwise provided in NRS 482.37937 and

4-7  482.37945, for any souvenir license plate issued pursuant to NRS

4-8  482.3825 or sample license plate issued pursuant to NRS 482.2703,

4-9  a fee equal to that established by the Director for the issuance of

4-10  those plates.

4-11      3.  A fee must not be charged for a duplicate or substitute of a

4-12  decal issued pursuant to NRS 482.37635.

4-13      4.  The fees which are paid for duplicate number plates and

4-14  decals displaying county names must be deposited with the State

4-15  Treasurer for credit to the Motor Vehicle Fund and allocated to the

4-16  Department to defray the costs of duplicating the plates and

4-17  manufacturing the decals.

4-18      5.  As used in this section:

4-19      (a) “Duplicate number plate” means a license plate or a set of

4-20  license plates issued to a registered owner which repeat the code of

4-21  a plate or set of plates previously issued to the owner to maintain his

4-22  registration using the same code.

4-23      (b) “Substitute number plate” means a license plate or a set of

4-24  license plates issued in place of a previously issued and unexpired

4-25  plate or set of plates. The plate or set of plates does not repeat the

4-26  code of the previously issued plate or set.

4-27      Sec. 4.  NRS 414.135 is hereby amended to read as follows:

4-28      414.135  1.  There is hereby created the Emergency Assistance

4-29  Account within the Disaster Relief Fund created pursuant to NRS

4-30  353.2735. Beginning with the fiscal year that begins on July 1,

4-31  1999, the State Controller shall, at the end of each fiscal year,

4-32  transfer the interest earned during the previous fiscal year on the

4-33  money in the Disaster Relief Fund to the Account in an amount not

4-34  to exceed $500,000.

4-35      2.  The Division of Emergency Management of the Department

4-36  of Public Safety shall administer the Account. The Division may

4-37  adopt regulations authorized by this section before, on or after July

4-38  1, 1999.

4-39      3.  All expenditures from the Account must be approved in

4-40  advance by the Division. Except as otherwise provided in subsection

4-41  4, all money in the Account , including, without limitation, the fees

4-42  deposited pursuant to section 1 of this act, must be expended solely

4-43  to:

4-44      (a) Provide supplemental emergency assistance to this state or to

4-45  local governments in this state that are severely and adversely

5-1  affected by a natural, technological or man-made emergency or

5-2  disaster for which available resources of this state or the local

5-3  government are inadequate to provide a satisfactory remedy; [and]

5-4  (b) Provide financial assistance to this state or to local

5-5  governments in this state to support preparedness to combat

5-6  terrorism, including, without limitation, planning, training and

5-7  purchasing supplies and equipment; and

5-8  (c) Pay any actual expenses incurred by the Division for

5-9  administration during a natural, technological or man-made

5-10  emergency or disaster.

5-11      4.  Beginning with the fiscal year that begins on July 1, 1999, if

5-12  any balance remains in the Account at the end of a fiscal year and

5-13  the balance has not otherwise been committed for expenditure, the

5-14  Division may, with the approval of the Interim Finance Committee,

5-15  allocate all or any portion of the remaining balance, not to exceed

5-16  $250,000, to this state or to a local government to:

5-17      (a) Purchase equipment or supplies required for emergency

5-18  management;

5-19      (b) Provide training to personnel related to emergency

5-20  management; and

5-21      (c) Carry out the provisions of NRS 392.600 to 392.656,

5-22  inclusive.

5-23      5.  Beginning with the fiscal year that begins on July 1, 1999,

5-24  the Division shall, at the end of each quarter of a fiscal year, submit

5-25  to the Interim Finance Committee a report of the expenditures made

5-26  from the Account for the previous quarter.

5-27      6.  The Division shall adopt such regulations as are necessary to

5-28  administer the Account.

5-29      7.  The Division may adopt regulations to provide for

5-30  reimbursement of expenditures made from the Account. If the

5-31  Division requires such reimbursement, the Attorney General shall

5-32  take such action as is necessary to recover the amount of any unpaid

5-33  reimbursement plus interest at a rate determined pursuant to NRS

5-34  17.130, computed from the date on which the money was removed

5-35  from the Fund, upon request by the Division.

5-36      Sec. 5.  On or before October 1, 2005, the Department of

5-37  Motor Vehicles shall determine and publicly declare the number of

5-38  applications it has received for the issuance of license plates

5-39  pursuant to section 1 of this act.

5-40      Sec. 6.  The amendatory provisions of this act expire by

5-41  limitation on October 1, 2005, if on that date the Department of

5-42  Motor Vehicles has received fewer than 1,000 applications for the

5-43  issuance of license plates pursuant to section 1 of this act.

 

5-44  H