REQUIRES TWO-THIRDS MAJORITY VOTE (§§ 4, 9)           

                                                 (Reprinted with amendments adopted on April 21, 2003)

 

Assembly Bill No. 358–Assemblyman Perkins

 

March 17, 2003

____________

 

Referred to Committee on Transportation

 

SUMMARY—Revises provisions relating to certain special license plates. (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 under certain circumstances; imposing a fee for the issuance and renewal of such license plates; setting forth criteria for the design of such license plates; creating and setting forth the powers of the Commission on Special License Plates; limiting the number of different designs of certain special license plates that may be issued by the Department at any one time; providing in certain circumstances for the withdrawal from use of a particular design of special license plate; expanding the purposes for which money in the Revolving Account for the Issuance of Special License Plates may be used; 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 to 5, inclusive, of this

1-3  act.

1-4  Sec. 2.  1.  A person may request that the Department

1-5  design, prepare and issue a special license plate by submitting an

1-6  application to the Department.

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

2-2  subsection 1:

2-3  (a) Must be on a form prescribed and furnished by the

2-4  Department;

2-5  (b) Must be accompanied by a petition containing the

2-6  signatures of at least 250 persons who wish to obtain the special

2-7  license plate;

2-8  (c) Must specify whether the special license plate being

2-9  requested is intended to generate financial support for a particular

2-10  cause or charitable organization and, if so, the name of the cause

2-11  or charitable organization; and

2-12      (d) May be accompanied by suggestions for the design of and

2-13  colors to be used in the special license plate.

2-14      3.  Except as otherwise provided in this subsection, the

2-15  Department may design and prepare a special license plate

2-16  requested pursuant to subsection 1 if:

2-17      (a) The Department determines that the application for that

2-18  plate complies with subsection 2; and

2-19      (b) The Commission on Special License Plates approves the

2-20  application for that plate pursuant to subsection 5 of section 3 of

2-21  this act.

2-22  The Department shall not design and prepare a special license

2-23  plate requested pursuant to subsection 1 if the Department

2-24  receives fewer than 1,000 applications for the issuance of the plate

2-25  within 2 years after the date on which the Department received the

2-26  initial application for the design, preparation and issuance of the

2-27  plate pursuant to subsection 1.

2-28      4.  Except as otherwise provided in section 5 of this act, the

2-29  Department may issue a special license plate that:

2-30      (a) The Department has designed and prepared pursuant to

2-31  this section;

2-32      (b) The Commission on Special License Plates has approved

2-33  for issuance pursuant to subsection 5 of section 3 of this act; and

2-34      (c) Complies with the requirements of subsection 8 of NRS

2-35  482.270,

2-36  for any passenger car, light commercial vehicle or motorcycle

2-37  upon application by a person who is entitled to license plates

2-38  pursuant to NRS 482.265 and who otherwise complies with the

2-39  requirements for registration and licensing pursuant to this

2-40  chapter. A person may request that personalized prestige license

2-41  plates issued pursuant to NRS 482.3667 be combined with a

2-42  special license plate issued pursuant to this section if that person

2-43  pays the fees for personalized prestige license plates in addition to

2-44  the fees for the special license plate.

3-1  5.  If, during a registration year, the holder of license plates

3-2  issued pursuant to the provisions of this section disposes of the

3-3  vehicle to which the plates are affixed, the holder shall:

3-4  (a) Retain the plates and affix them to another vehicle that

3-5  meets the requirements of this section if the holder pays the fee for

3-6  the transfer of the registration and any registration fee or

3-7  governmental services tax due pursuant to NRS 482.399; or

3-8  (b) Within 30 days after removing the plates from the vehicle,

3-9  return them to the Department.

3-10      Sec. 3.  1.  There is hereby created the Commission on

3-11  Special License Plates consisting of five Legislators and three

3-12  nonvoting members as follows:

3-13      (a) Five Legislators appointed by the Legislative Commission,

3-14  one of whom is:

3-15          (1) The Legislator who served as the Chairman of the

3-16  Assembly Standing Committee on Transportation during the most

3-17  recent legislative session; and

3-18          (2) One of whom is the Legislator who served as the

3-19  Chairman of the Senate Standing Committee on Transportation

3-20  during the most recent legislative session.

3-21      (b) Three nonvoting members consisting of:

3-22          (1) The Director of the Department of Motor Vehicles, or

3-23  his designee.

3-24          (2) The Director of the Department of Public Safety, or his

3-25  designee.

3-26          (3) The Director of the Department of Cultural Affairs, or

3-27  his designee.

3-28      2.  Each member of the Commission appointed pursuant to

3-29  paragraph (a) of subsection 1 serves a term of 2 years,

3-30  commencing on July 1 of each odd-numbered year. A vacancy on

3-31  the Commission must be filled in the same manner as the original

3-32  appointment.

3-33      3. Members of the Commission serve without salary or

3-34  compensation for their travel or per diem expenses.

3-35      4.  The Director of the Legislative Counsel Bureau shall

3-36  provide administrative support to the Commission.

3-37      5.  The Commission shall approve or disapprove:

3-38      (a) Applications for the design, preparation and issuance of

3-39  special license plates that are submitted to the Department

3-40  pursuant to subsection 1 of section 2 of this act; and

3-41      (b) The issuance by the Department of special license plates

3-42  that have been designed and prepared pursuant to section 2 of this

3-43  act.

3-44  In determining whether to approve such an application or

3-45  issuance, the Commission shall consider, without limitation,

4-1  whether it would be appropriate and feasible for the Department

4-2  to, as applicable, design, prepare or issue the particular special

4-3  license plate.

4-4  Sec. 4.  1.  The fee for special license plates designed,

4-5  prepared and issued pursuant to section 2 of this act is $35, in

4-6  addition to all other applicable registration and license fees and

4-7  governmental services taxes. The license plates are renewable

4-8  upon the payment of $10.

4-9  2.  In addition to all other applicable registration and license

4-10  fees and governmental services taxes and the fee prescribed in

4-11  subsection 1, if a special license plate is designed, prepared and

4-12  issued pursuant to section 2 of this act to generate financial

4-13  support for a particular cause or charitable organization, a person

4-14  who requests a set of such license plates must pay for the initial

4-15  issuance of the plates an additional fee of $25 and for each

4-16  renewal of the plates an additional fee of $20, to be distributed in

4-17  the manner described in subsection 3.

4-18      3.  The Department shall deposit the additional fees collected

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

4-20  account created in the State General Fund for the benefit of the

4-21  particular cause or charitable organization for whose financial

4-22  benefit the special license plate was created. The Department shall

4-23  designate an appropriate state agency to administer the account.

4-24  The state agency designated by the Department to administer the

4-25  account shall, at least once each quarter, distribute the fees

4-26  deposited pursuant to this subsection to the particular cause or

4-27  charitable organization for whose benefit the special license plate

4-28  was created.

4-29      4.  Money in an account created pursuant to subsection 3 does

4-30  not lapse to the State General Fund at the end of a fiscal year. The

4-31  interest and income earned on money in such an account, after

4-32  deducting any applicable charges, must be credited to the account.

4-33      Sec. 5.  1.  As used in this section, “special license plate”

4-34  means:

4-35      (a) A license plate that the Department has designed and

4-36  prepared pursuant to section 2 of this act in accordance with the

4-37  system of application and petition described in that section; and

4-38      (b) A license plate approved by the Legislature that the

4-39  Department has designed and prepared pursuant to NRS

4-40  482.37903, 482.37905, 482.37917, 482.379175, 482.37918,

4-41  482.3792, 482.3793, 482.37933, 482.37934, 482.37935, 482.37937,

4-42  482.37938 or 482.37945.

4-43      2.  Notwithstanding any other provision of law to the contrary,

4-44  the Department shall not, at any one time, issue more than 25

4-45  separate designs of special license plates.

5-1  3.  Except as otherwise provided in this subsection, on

5-2  October 1 of each year the Department shall assess the viability of

5-3  each separate design of special license plate that the Department is

5-4  currently issuing by determining the total number of validly

5-5  registered motor vehicles to which that design of special license

5-6  plate is affixed. The Department shall not determine the total

5-7  number of validly registered motor vehicles to which a particular

5-8  design of special license plate is affixed if:

5-9  (a) The particular design of special license plate was designed

5-10  and prepared by the Department pursuant to section 2 of this act;

5-11  and

5-12      (b) On October 1, that particular design of special license plate

5-13  has been available to be issued for less than 12 months.

5-14      4.  Except as otherwise provided in subsection 6, if, on

5-15  October 1, the total number of validly registered motor vehicles to

5-16  which a particular design of special license plate is affixed is:

5-17      (a) In the case of special license plates designed and prepared

5-18  by the Department pursuant to section 2 of this act, less than the

5-19  number of signatures required pursuant to paragraph (b) of

5-20  subsection 2 of that section; or

5-21      (b) In the case of special license plates authorized directly by

5-22  the Legislature which are described in paragraph (b) of subsection

5-23  1, less than the number of applications required to be received by

5-24  the Department for the initial issuance of those plates,

5-25  the Director shall provide notice of that fact in the manner

5-26  described in subsection 5.

5-27      5.  The notice required pursuant to subsection 4 must be

5-28  provided:

5-29      (a) If the special license plate generates financial support for a

5-30  cause or charitable organization, to that cause or charitable

5-31  organization.

5-32      (b) If the special license plate does not generate financial

5-33  support for a cause or charitable organization, to an entity which

5-34  is involved in promoting the activity, place or other matter that is

5-35  depicted on the plate.

5-36      6.  If, on October 1 of the year immediately succeeding the

5-37  year in which notice was provided pursuant to subsections 4 and 5,

5-38  the total number of validly registered motor vehicles to which a

5-39  particular design of special license plate is affixed is:

5-40      (a) In the case of special license plates designed and prepared

5-41  by the Department pursuant to section 2 of this act, less than the

5-42  number of signatures required pursuant to paragraph (b) of

5-43  subsection 2 of that section; or

5-44      (b) In the case of special license plates authorized directly by

5-45  the Legislature which are described in paragraph (b) of subsection

6-1  1, less than the number of applications required to be received by

6-2  the Department for the initial issuance of those plates,

6-3  the Director shall, notwithstanding any other provision of law

6-4  to the contrary, issue an order providing that the Department will

6-5  no longer issue that particular design of special license plate.

6-6  Such an order does not require existing holders of that particular

6-7  design of special license plate to surrender their plates to the

6-8  Department and does not prohibit those holders from renewing

6-9  those plates.

6-10      Sec. 6.  NRS 482.1805 is hereby amended to read as follows:

6-11      482.1805  1.  The Revolving Account for the Issuance of

6-12  Special License Plates is hereby created as a special account in the

6-13  Motor Vehicle Fund. An amount equal to $35 of the fee received by

6-14  the Department for the initial issuance of a special license plate, not

6-15  including any additional fee which may be added to generate

6-16  financial support for a particular cause or charitable organization,

6-17  must be deposited in the Motor Vehicle Fund for credit to the

6-18  Account.

6-19      2.  The Department shall use the money in the Account to

6-20  [pay] :

6-21      (a) Pay the expenses involved in issuing special license plates

6-22  [.]; and

6-23      (b) Purchase improved and upgraded technology, including,

6-24  without limitation, digital technology for the production of special

6-25  license plates, to ensure that special license plates are produced in

6-26  the most efficient manner possible.

6-27      3.  Money in the Account must be used only for the [purpose]

6-28  purposes specified in subsection 2.

6-29      4.  At the end of each fiscal year, the State Controller shall

6-30  transfer from the Account to the State Highway Fund an amount of

6-31  money equal to the balance in the Account which exceeds $50,000.

6-32      Sec. 7.  NRS 482.216 is hereby amended to read as follows:

6-33      482.216  1.  Upon the request of a new vehicle dealer, the

6-34  Department may authorize the new vehicle dealer to:

6-35      (a) Accept applications for the registration of the new motor

6-36  vehicles he sells and the related fees and taxes;

6-37      (b) Issue certificates of registration to applicants who satisfy the

6-38  requirements of this chapter; and

6-39      (c) Accept applications for the transfer of registration pursuant

6-40  to NRS 482.399 if the applicant purchased from the new vehicle

6-41  dealer a new vehicle to which the registration is to be transferred.

6-42      2.  A new vehicle dealer who is authorized to issue certificates

6-43  of registration pursuant to subsection 1 shall:

6-44      (a) Transmit the applications he receives to the Department

6-45  within the period prescribed by the Department;

7-1  (b) Transmit the fees he collects from the applicants and

7-2  properly account for them within the period prescribed by the

7-3  Department;

7-4  (c) Comply with the regulations adopted pursuant to subsection

7-5  4; and

7-6  (d) Bear any cost of equipment which is necessary to issue

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

7-8  software.

7-9  3.  A new vehicle dealer who is authorized to issue certificates

7-10  of registration pursuant to subsection 1 shall not:

7-11      (a) Charge any additional fee for the performance of those

7-12  services;

7-13      (b) Receive compensation from the Department for the

7-14  performance of those services;

7-15      (c) Accept applications for the renewal of registration of a motor

7-16  vehicle; or

7-17      (d) Accept an application for the registration of a motor vehicle

7-18  if the applicant wishes to:

7-19          (1) Obtain special license plates pursuant to NRS 482.3667

7-20  to 482.3825, inclusive[;] , and section 2 of this act; or

7-21          (2) Claim the exemption from the governmental services tax

7-22  provided pursuant to NRS 361.1565 to veterans and their relations.

7-23      4.  The Director shall adopt such regulations as are necessary to

7-24  carry out the provisions of this section. The regulations adopted

7-25  pursuant to this subsection must provide for:

7-26      (a) The expedient and secure issuance of license plates and

7-27  decals by the Department; and

7-28      (b) The withdrawal of the authority granted to a new vehicle

7-29  dealer pursuant to subsection 1 if that dealer fails to comply with the

7-30  regulations adopted by the Department.

7-31      Sec. 8.  NRS 482.270 is hereby amended to read as follows:

7-32      482.270  1.  Except as otherwise provided in this section or by

7-33  specific statute, the Director shall order the redesign and preparation

7-34  of motor vehicle license plates with colors that are predominately

7-35  blue and silver. The Director may substitute white in place of silver

7-36  when no suitable material is available.

7-37      2.  Except as otherwise provided in subsection 3, the

7-38  Department shall, upon the payment of all applicable fees, issue

7-39  redesigned motor vehicle license plates pursuant to this section to

7-40  persons who apply for the registration or renewal of the registration

7-41  of a motor vehicle on or after January 1, 2001.

7-42      3.  The Department shall not issue redesigned motor vehicle

7-43  license plates pursuant to this section to a person who was issued

7-44  motor vehicle license plates before January 1, 1982, or pursuant to

8-1  NRS 482.3747, 482.3763, 482.3775, 482.378 or 482.379, without

8-2  the approval of the person.

8-3  4.  The Director may determine and vary the size, shape and

8-4  form and the material of which license plates are made, but each

8-5  license plate must be of sufficient size to be plainly readable from a

8-6  distance of 100 feet during daylight. All license plates must be

8-7  treated to reflect light and to be at least 100 times brighter than

8-8  conventional painted number plates. When properly mounted on an

8-9  unlighted vehicle, the license plates, when viewed from a vehicle

8-10  equipped with standard headlights, must be visible for a distance of

8-11  not less than 1,500 feet and readable for a distance of not less than

8-12  110 feet.

8-13      5.  Every license plate must have displayed upon it:

8-14      (a) The registration number, or combination of letters and

8-15  numbers, assigned to the vehicle and to the owner thereof;

8-16      (b) The name of this state, which may be abbreviated;

8-17      (c) If issued for a calendar year, the year; and

8-18      (d) If issued for a registration period other than a calendar year,

8-19  the month and year the registration expires.

8-20      6.  The letters I and Q must not be used in the designation.

8-21      7.  Except as otherwise provided in NRS 482.379, all letters and

8-22  numbers must be of the same size.

8-23      8.  Each special license plate that is designed, prepared and

8-24  issued pursuant to section 2 of this act must be designed and

8-25  prepared in such a manner that:

8-26      (a) The left-hand one-third of the plate is the only part of the

8-27  plate on which is displayed any design or other insignia that is

8-28  suggested pursuant to paragraph (d) of subsection 2 of that

8-29  section; and

8-30      (b) The remainder of the plate conforms to the requirements

8-31  for coloring, lettering and design that are set forth in this section.

8-32      Sec. 9.  NRS 482.500 is hereby amended to read as follows:

8-33      482.500  1.  Except as otherwise provided in subsection 2 or 3,

8-34  whenever upon application any duplicate or substitute certificate of

8-35  registration, decal or number plate is issued, the following fees must

8-36  be paid:

 

8-37  For a certificate of registration....... $5.00

8-38  For every substitute number plate or set of plates   5.00

8-39  For every duplicate number plate or set of plates    10.00

8-40  For every decal displaying a county name  .50

8-41  For every other decal, license plate sticker or tab    5.00

 

8-42      2.  The following fees must be paid for any replacement plate or

8-43  set of plates issued for the following special license plates:

9-1  (a) For any special plate issued pursuant to NRS 482.3667,

9-2  482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to

9-3  482.3816, inclusive, and section 2 of this act, a fee of $10.

9-4  (b) For any special plate issued pursuant to NRS 482.368,

9-5  482.3765, 482.377 or 482.378, a fee of $5.

9-6  (c) Except as otherwise provided in NRS 482.37937 and

9-7  482.37945, for any souvenir license plate issued pursuant to NRS

9-8  482.3825 or sample license plate issued pursuant to NRS 482.2703,

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

9-10  those plates.

9-11      3.  A fee must not be charged for a duplicate or substitute of a

9-12  decal issued pursuant to NRS 482.37635.

9-13      4.  The fees which are paid for duplicate number plates and

9-14  decals displaying county names must be deposited with the State

9-15  Treasurer for credit to the Motor Vehicle Fund and allocated to the

9-16  Department to defray the costs of duplicating the plates and

9-17  manufacturing the decals.

9-18      5.  As used in this section:

9-19      (a) “Duplicate number plate” means a license plate or a set of

9-20  license plates issued to a registered owner which repeat the code of

9-21  a plate or set of plates previously issued to the owner to maintain his

9-22  registration using the same code.

9-23      (b) “Substitute number plate” means a license plate or a set of

9-24  license plates issued in place of a previously issued and unexpired

9-25  plate or set of plates. The plate or set of plates does not repeat the

9-26  code of the previously issued plate or set.

9-27      Sec. 10.  1.  This section and section 6 of this act become

9-28  effective upon passage and approval.

9-29      2.  Sections 1 to 5, inclusive, 7, 8 and 9 of this act become

9-30  effective on July 1, 2003.

 

9-31  H