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 State Emergency Response

1-5  Commission, shall design, prepare and issue “United We Stand”

1-6  license plates to reflect public solidarity after the acts of terrorism

1-7  committed on September 11, 2001. The design of the license plates

1-8  must include the phrase “United We Stand” and incorporate an

1-9  image of the flag of the United States. The colors red, white and

1-10  blue must be displayed on the license plates. The Department shall

1-11  not design, prepare or issue the license plates unless it receives at

1-12  least 1,000 applications for the issuance of those plates.

1-13      2.  If the Department receives at least 1,000 applications for

1-14  the issuance of “United We Stand” license plates, the Department

1-15  shall issue those plates for a passenger car or light commercial

1-16  vehicle upon application by a person who is entitled to license

1-17  plates pursuant to NRS 482.265 and who otherwise complies with

1-18  the requirements for registration and licensing pursuant to this

2-1  chapter. A person may request that personalized prestige license

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

2-3  We Stand” license plates if that person pays the fees for the

2-4  personalized prestige license plates in addition to the fees for the

2-5  “United We Stand” license plates pursuant to subsections 3 and 4.

2-6  3.  The fee for “United We Stand” license plates is $35, in

2-7  addition to all other applicable registration and license fees and

2-8  governmental services taxes. The license plates are renewable

2-9  upon the payment of $10.

2-10      4.  In addition to all other applicable registration and license

2-11  fees and governmental services taxes and the fee prescribed in

2-12  subsection 3, a person who requests a set of “United We Stand”

2-13  license plates must pay for the initial issuance of the plates an

2-14  additional fee of $25 and for each renewal of the plates an

2-15  additional fee of $20, to be used for the purposes set forth in

2-16  NRS 414.135.

2-17      5.  The Department shall deposit the fees collected pursuant to

2-18  subsection 4 with the State Treasurer for credit to the Contingency

2-19  Account for Hazardous Materials created by NRS 459.735 in the

2-20  State General Fund.

2-21      6.  If, during a registration year, the holder of license plates

2-22  issued pursuant to the provisions of this section disposes of the

2-23  vehicle to which the plates are affixed, the holder shall:

2-24      (a) Retain the plates and affix them to another vehicle that

2-25  meets the requirements of this section if the holder pays the fee for

2-26  the transfer of the registration and any registration fee or

2-27  governmental services tax due pursuant to NRS 482.399; or

2-28      (b) Within 30 days after removing the plates from the vehicle,

2-29  return them to the Department.

2-30      Sec. 2.  NRS 482.216 is hereby amended to read as follows:

2-31      482.216  1.  Upon the request of a new vehicle dealer, the

2-32  Department may authorize the new vehicle dealer to:

2-33      (a) Accept applications for the registration of the new motor

2-34  vehicles he sells and the related fees and taxes;

2-35      (b) Issue certificates of registration to applicants who satisfy the

2-36  requirements of this chapter; and

2-37      (c) Accept applications for the transfer of registration pursuant

2-38  to NRS 482.399 if the applicant purchased from the new vehicle

2-39  dealer a new vehicle to which the registration is to be transferred.

2-40      2.  A new vehicle dealer who is authorized to issue certificates

2-41  of registration pursuant to subsection 1 shall:

2-42      (a) Transmit the applications he receives to the Department

2-43  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 459.735 is hereby amended to read as follows:

4-28      459.735  1.  The Contingency Account for Hazardous

4-29  Materials is hereby created in the State General Fund.

4-30      2.  The Commission shall administer the Contingency Account

4-31  for Hazardous Materials [,] and , except as otherwise provided in

4-32  subsection 4, the money in the Account may be expended only for:

4-33      (a) Carrying out the provisions of NRS 459.735 to 459.773,

4-34  inclusive;

4-35      (b) Carrying out the provisions of 42 U.S.C. §§ 11001 et seq.

4-36  and 49 U.S.C. §§ 5101 et seq.;

4-37      (c) Maintaining and supporting the operations of the

4-38  Commission and local emergency planning committees;

4-39      (d) Training and equipping state and local personnel to respond

4-40  to accidents and incidents involving hazardous materials; and

4-41      (e) The operation of training programs and a training center for

4-42  handling emergencies relating to hazardous materials and related

4-43  fires pursuant to NRS 477.045.

4-44      3.  All money received by this state pursuant to 42 U.S.C. §§

4-45  11001 et seq. or 49 U.S.C. §§ 5101 et seq. must be deposited with

5-1  the State Treasurer to the credit of the Contingency Account for

5-2  Hazardous Materials. In addition, all money received by the

5-3  Commission from any source must be deposited with the State

5-4  Treasurer to the credit of the Contingency Account for Hazardous

5-5  Materials. The State Controller shall transfer from the Contingency

5-6  Account to the Operating Account of the State Fire Marshal such

5-7  money collected pursuant to chapter 477 of NRS as is authorized for

5-8  expenditure in the budget of the State Fire Marshal for use pursuant

5-9  to paragraph (e) of subsection 2.

5-10      4.  Any fees deposited with the State Treasurer for credit to the

5-11  Contingency Account for Hazardous Materials pursuant to

5-12  subsection 5 of section 1 of this act must be accounted for

5-13  separately and must be expended solely to provide financial

5-14  assistance to this state or to local governments in this state to

5-15  support preparedness to combat terrorism, including, without

5-16  limitation, planning, training and purchasing supplies and

5-17  equipment.

5-18      5. Upon the presentation of budgets in the manner required by

5-19  law, money to support the operation of the Commission pursuant to

5-20  this chapter, other than its provision of grants, must be provided by

5-21  direct legislative appropriation from the State Highway Fund or

5-22  other legislative authorization to the Contingency Account for

5-23  Hazardous Materials.

5-24      [5.] 6.  The interest and income earned on the money in the

5-25  Contingency Account for Hazardous Materials, after deducting any

5-26  applicable charges, must be credited to the Account.

5-27      [6.] 7.  All claims against the Contingency Account for

5-28  Hazardous Materials must be paid as other claims against the State

5-29  are paid.

5-30      Sec. 5.  On or before October 1, 2005, the Department of

5-31  Motor Vehicles shall determine and publicly declare the number of

5-32  applications it has received for the issuance of license plates

5-33  pursuant to section 1 of this act.

5-34      Sec. 6.  The amendatory provisions of this act expire by

5-35  limitation on October 1, 2005, if on that date the Department of

5-36  Motor Vehicles has received fewer than 1,000 applications for the

5-37  issuance of license plates pursuant to section 1 of this act.

 

5-38  H