requires two-thirds majority vote (§§ 3, 6)                                                                                                            

                                                                                                  

 

Assembly Bill No. 358–Assemblyman Perkins

 

March 17, 2003

____________

 

Referred to Committee on Transportation

 

SUMMARY—Provides for design, preparation and issuance of special license plates by petition to Department of Motor Vehicles. (BDR 43‑1140)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

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

 

AN ACT relating to motor vehicles; providing for the design, preparation and issuance of special license plates by petition to the Department of Motor Vehicles; imposing a fee for the issuance and renewal of such license plates; providing in certain circumstances for the withdrawal from use of a particular design 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 the provisions set forth as sections 2, 3 and 4 of this act.

1-3  Sec. 2.  1.  A person may request that the Department

1-4  design, prepare and issue a special license plate by submitting an

1-5  application to the Department.

1-6  2.  An application submitted to the Department pursuant to

1-7  subsection 1:

1-8  (a) Must be on a form prescribed and furnished by the

1-9  Department;

1-10      (b) Must be accompanied by a petition containing the

1-11  signatures of at least 250 persons who wish to obtain the special

1-12  license plate;

1-13      (c) Must specify whether the special license plate being

1-14  requested is intended to generate financial support for a particular

2-1  cause or charitable organization and, if so, the name of the cause

2-2  or charitable organization; and

2-3  (d) May be accompanied by suggestions for the design of and

2-4  colors to be used in the special license plate.

2-5  3.  Except as otherwise provided in this subsection, the

2-6  Department may design and prepare a special license plate

2-7  requested pursuant to subsection 1 if the Department determines

2-8  that the application for that plate complies with subsection 2. The

2-9  Department shall not design and prepare a special license plate

2-10  requested pursuant to subsection 1 if:

2-11      (a) The Department receives fewer than 1,000 applications for

2-12  the issuance of the plate within 2 years after the date on which the

2-13  Department received the initial application for the design,

2-14  preparation and issuance of the plate pursuant to subsection 1; or

2-15      (b) The Department determines that the special license plate is

2-16  inappropriate or not feasible.

2-17      4.  Except as otherwise provided in section 4 of this act, the

2-18  Department may issue a special license plate that the Department

2-19  has designed and prepared pursuant to this section for any

2-20  passenger car, light commercial vehicle or motorcycle upon

2-21  application by a person who is entitled to license plates pursuant

2-22  to NRS 482.265 and who otherwise complies with the

2-23  requirements for registration and licensing pursuant to this

2-24  chapter. A person may request that personalized prestige license

2-25  plates issued pursuant to NRS 482.3667 be combined with a

2-26  special license plate issued pursuant to this section if that person

2-27  pays the fees for personalized prestige license plates in addition to

2-28  the fees for the special license plate.

2-29      5.  If, during a registration year, the holder of license plates

2-30  issued pursuant to the provisions of this section disposes of the

2-31  vehicle to which the plates are affixed, the holder shall:

2-32      (a) Retain the plates and affix them to another vehicle that

2-33  meets the requirements of this section if the holder pays the fee for

2-34  the transfer of the registration and any registration fee or

2-35  governmental services tax due pursuant to NRS 482.399; or

2-36      (b) Within 30 days after removing the plates from the vehicle,

2-37  return them to the Department.

2-38      Sec. 3.  1.  The fee for special license plates designed,

2-39  prepared and issued pursuant to section 2 of this act is $35, in

2-40  addition to all other applicable registration and license fees and

2-41  governmental services taxes. The license plates are renewable

2-42  upon the payment of $10.

2-43      2.  In addition to all other applicable registration and license

2-44  fees and governmental services taxes and the fee prescribed in

2-45  subsection 1, if a special license plate is designed, prepared and

3-1  issued pursuant to section 2 of this act to generate financial

3-2  support for a particular cause or charitable organization, a person

3-3  who requests a set of such license plates must pay for the initial

3-4  issuance of the plates an additional fee of $25 and for each

3-5  renewal of the plates an additional fee of $20, to be distributed in

3-6  the manner described in subsection 3.

3-7  3.  The Department shall deposit the additional fees collected

3-8  pursuant to subsection 2 with the State Treasurer for credit to an

3-9  account created in the State General Fund for the benefit of the

3-10  particular cause or charitable organization for whose financial

3-11  benefit the special license plate was created. The Department shall

3-12  designate an appropriate state agency to administer the account.

3-13  The state agency designated by the Department to administer the

3-14  account shall, at least once each quarter, distribute the fees

3-15  deposited pursuant to this subsection to the particular cause or

3-16  charitable organization for whose benefit the special license plate

3-17  was created.

3-18      4.  Money in an account created pursuant to subsection 3 does

3-19  not lapse to the State General Fund at the end of a fiscal year. The

3-20  interest and income earned on money in such an account, after

3-21  deducting any applicable charges, must be credited to the account.

3-22      Sec. 4.  1.  Except as otherwise provided in this subsection,

3-23  on October 1 of each year the Department shall, for each separate

3-24  design of a special license plate issued pursuant to section 2 of this

3-25  act, determine the total number of validly registered motor vehicles

3-26  to which that design of the special license plate is affixed. The

3-27  Department shall not determine the total number of validly

3-28  registered motor vehicles to which a particular design of a special

3-29  license plate is affixed if, on October 1, that particular design of

3-30  the special license plate has been available to be issued for less

3-31  than 12 months.

3-32      2.  Except as otherwise provided in subsection 3, if, on

3-33  October 1, the total number of validly registered vehicles to which

3-34  a particular design of a special license plate is affixed is less than

3-35  the number of initial requests required for the design and

3-36  preparation of that special license plate as set forth in paragraph

3-37  (a) of subsection 3 of section 2 of this act, the Director shall

3-38  provide notice of that fact to:

3-39      (a) If the plate generates financial support for a cause or

3-40  charitable organization, that cause or charitable organization.

3-41      (b) If the plate does not generate financial support for a cause

3-42  or charitable organization, an entity which is involved in

3-43  promoting the activity, place or other matter that is depicted on the

3-44  plate.

4-1  3.  If, on October 1 of the year immediately succeeding the

4-2  year in which notice was provided pursuant to subsection 2, the

4-3  total number of validly registered vehicles to which a particular

4-4  design of a special license plate is affixed is less than the number

4-5  of initial requests required for the design and preparation of that

4-6  special license plate as set forth in paragraph (a) of subsection 3

4-7  of section 2 of this act, the Director shall issue an order

4-8  withdrawing that particular design of the special license plate

4-9  from use.

4-10      4.  If the Director issues an order pursuant to subsection 3:

4-11      (a) The Department shall provide notice of the order to each

4-12  holder of the special license plate withdrawn from use. In

4-13  providing notice of the order, the Department may combine the

4-14  notice with any documents mailed to the holder for the renewal of

4-15  the registration of the vehicle to which the plate is affixed.

4-16      (b) The order must provide that a holder of the special license

4-17  plate withdrawn from use is not required to replace the withdrawn

4-18  plate until:

4-19          (1) The holder renews the registration of the vehicle to

4-20  which the plate is affixed; or

4-21          (2) The registration of the vehicle to which the plate is

4-22  affixed expires,

4-23  whichever occurs first.

4-24      Sec. 5.  NRS 482.216 is hereby amended to read as follows:

4-25      482.216  1.  Upon the request of a new vehicle dealer, the

4-26  Department may authorize the new vehicle dealer to:

4-27      (a) Accept applications for the registration of the new motor

4-28  vehicles he sells and the related fees and taxes;

4-29      (b) Issue certificates of registration to applicants who satisfy the

4-30  requirements of this chapter; and

4-31      (c) Accept applications for the transfer of registration pursuant

4-32  to NRS 482.399 if the applicant purchased from the new vehicle

4-33  dealer a new vehicle to which the registration is to be transferred.

4-34      2.  A new vehicle dealer who is authorized to issue certificates

4-35  of registration pursuant to subsection 1 shall:

4-36      (a) Transmit the applications he receives to the Department

4-37  within the period prescribed by the Department;

4-38      (b) Transmit the fees he collects from the applicants and

4-39  properly account for them within the period prescribed by the

4-40  Department;

4-41      (c) Comply with the regulations adopted pursuant to subsection

4-42  4; and

4-43      (d) Bear any cost of equipment which is necessary to issue

4-44  certificates of registration, including any computer hardware or

4-45  software.

5-1  3.  A new vehicle dealer who is authorized to issue certificates

5-2  of registration pursuant to subsection 1 shall not:

5-3  (a) Charge any additional fee for the performance of those

5-4  services;

5-5  (b) Receive compensation from the Department for the

5-6  performance of those services;

5-7  (c) Accept applications for the renewal of registration of a motor

5-8  vehicle; or

5-9  (d) Accept an application for the registration of a motor vehicle

5-10  if the applicant wishes to:

5-11          (1) Obtain special license plates pursuant to NRS 482.3667

5-12  to 482.3825, inclusive[;] , and section 2 of this act; or

5-13          (2) Claim the exemption from the governmental services tax

5-14  provided pursuant to NRS 361.1565 to veterans and their relations.

5-15      4.  The Director shall adopt such regulations as are necessary to

5-16  carry out the provisions of this section. The regulations adopted

5-17  pursuant to this subsection must provide for:

5-18      (a) The expedient and secure issuance of license plates and

5-19  decals by the Department; and

5-20      (b) The withdrawal of the authority granted to a new vehicle

5-21  dealer pursuant to subsection 1 if that dealer fails to comply with the

5-22  regulations adopted by the Department.

5-23      Sec. 6.  NRS 482.500 is hereby amended to read as follows:

5-24      482.500  1.  Except as otherwise provided in subsection 2 or 3,

5-25  whenever upon application any duplicate or substitute certificate of

5-26  registration, decal or number plate is issued, the following fees must

5-27  be paid:

 

5-28  For a certificate of registration....... $5.00

5-29  For every substitute number plate or set of plates   5.00

5-30  For every duplicate number plate or set of plates    10.00

5-31  For every decal displaying a county name  .50

5-32  For every other decal, license plate sticker or tab    5.00

 

5-33      2.  The following fees must be paid for any replacement plate or

5-34  set of plates issued for the following special license plates:

5-35      (a) For any special plate issued pursuant to NRS 482.3667,

5-36  482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to

5-37  482.3816, inclusive, and section 2 of this act, a fee of $10.

5-38      (b) For any special plate issued pursuant to NRS 482.368,

5-39  482.3765, 482.377 or 482.378, a fee of $5.

5-40      (c) Except as otherwise provided in NRS 482.37937 and

5-41  482.37945, for any souvenir license plate issued pursuant to NRS

5-42  482.3825 or sample license plate issued pursuant to NRS 482.2703,

6-1  a fee equal to that established by the Director for the issuance of

6-2  those plates.

6-3  3.  A fee must not be charged for a duplicate or substitute of a

6-4  decal issued pursuant to NRS 482.37635.

6-5  4.  The fees which are paid for duplicate number plates and

6-6  decals displaying county names must be deposited with the State

6-7  Treasurer for credit to the Motor Vehicle Fund and allocated to the

6-8  Department to defray the costs of duplicating the plates and

6-9  manufacturing the decals.

6-10      5.  As used in this section:

6-11      (a) “Duplicate number plate” means a license plate or a set of

6-12  license plates issued to a registered owner which repeat the code of

6-13  a plate or set of plates previously issued to the owner to maintain his

6-14  registration using the same code.

6-15      (b) “Substitute number plate” means a license plate or a set of

6-16  license plates issued in place of a previously issued and unexpired

6-17  plate or set of plates. The plate or set of plates does not repeat the

6-18  code of the previously issued plate or set.

 

6-19  H