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.

 

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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 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 1,000 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.  The Department may design and prepare a special license

2-15  plate requested pursuant to subsection 1 if:

2-16      (a) The Department determines that the application for that

2-17  plate complies with subsection 2; and

2-18      (b) The Commission on Special License Plates approves the

2-19  application for that plate pursuant to subsection 5 of section 3 of

2-20  this act.

2-21      4.  Except as otherwise provided in section 5 of this act, the

2-22  Department may issue a special license plate that:

2-23      (a) The Department has designed and prepared pursuant to

2-24  this section;

2-25      (b) The Commission on Special License Plates has approved

2-26  for issuance pursuant to subsection 5 of section 3 of this act; and

2-27      (c) Complies with the requirements of subsection 8 of

2-28  NRS 482.270,

2-29  for any passenger car or light commercial vehicle upon

2-30  application by a person who is entitled to license plates pursuant

2-31  to NRS 482.265 and who otherwise complies with the

2-32  requirements for registration and licensing pursuant to this

2-33  chapter. A person may request that personalized prestige license

2-34  plates issued pursuant to NRS 482.3667 be combined with a

2-35  special license plate issued pursuant to this section if that person

2-36  pays the fees for personalized prestige license plates in addition to

2-37  the fees for the special license plate.

2-38      5.  If, during a registration year, the holder of license plates

2-39  issued pursuant to the provisions of this section disposes of the

2-40  vehicle to which the plates are affixed, the holder shall:

2-41      (a) Retain the plates and affix them to another vehicle that

2-42  meets the requirements of this section if the holder pays the fee for

2-43  the transfer of the registration and any registration fee or

2-44  governmental services tax due pursuant to NRS 482.399; or

3-1  (b) Within 30 days after removing the plates from the vehicle,

3-2  return them to the Department.

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

3-4  Special License Plates consisting of five Legislators and three

3-5  nonvoting members as follows:

3-6  (a) Five Legislators appointed by the Legislative Commission,

3-7  one of whom is:

3-8       (1) The Legislator who served as the Chairman of the

3-9  Assembly Standing Committee on Transportation during the most

3-10  recent legislative session; and

3-11          (2) One of whom is the Legislator who served as the

3-12  Chairman of the Senate Standing Committee on Transportation

3-13  during the most recent legislative session.

3-14      (b) Three nonvoting members consisting of:

3-15          (1) The Director of the Department of Motor Vehicles, or

3-16  his designee.

3-17          (2) The Director of the Department of Public Safety, or his

3-18  designee.

3-19          (3) The Director of the Department of Cultural Affairs, or

3-20  his designee.

3-21      2.  Each member of the Commission appointed pursuant to

3-22  paragraph (a) of subsection 1 serves a term of 2 years,

3-23  commencing on July 1 of each odd-numbered year. A vacancy on

3-24  the Commission must be filled in the same manner as the original

3-25  appointment.

3-26      3. Members of the Commission serve without salary or

3-27  compensation for their travel or per diem expenses.

3-28      4.  The Director of the Legislative Counsel Bureau shall

3-29  provide administrative support to the Commission.

3-30      5.  The Commission shall approve or disapprove:

3-31      (a) Applications for the design, preparation and issuance of

3-32  special license plates that are submitted to the Department

3-33  pursuant to subsection 1 of section 2 of this act; and

3-34      (b) The issuance by the Department of special license plates

3-35  that have been designed and prepared pursuant to section 2 of this

3-36  act.

3-37  In determining whether to approve such an application or

3-38  issuance, the Commission shall consider, without limitation,

3-39  whether it would be appropriate and feasible for the Department

3-40  to, as applicable, design, prepare or issue the particular special

3-41  license plate.

3-42      Sec. 4.  1.  The fee for special license plates designed,

3-43  prepared and issued pursuant to section 2 of this act is $35, in

3-44  addition to all other applicable registration and license fees and

4-1  governmental services taxes. The license plates are renewable

4-2  upon the payment of $10.

4-3  2.  In addition to all other applicable registration and license

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

4-5  subsection 1, if a special license plate is designed, prepared and

4-6  issued pursuant to section 2 of this act to generate financial

4-7  support for a particular cause or charitable organization, a person

4-8  who requests a set of such license plates must pay for the initial

4-9  issuance of the plates an additional fee of $25 and for each

4-10  renewal of the plates an additional fee of $20, to be distributed in

4-11  the manner described in subsection 3.

4-12      3.  The Department shall deposit the additional fees collected

4-13  pursuant to subsection 2 with the State Treasurer for credit to an

4-14  account created in the State General Fund for the benefit of the

4-15  particular cause or charitable organization for whose financial

4-16  benefit the special license plate was created. The Department shall

4-17  designate an appropriate state agency to administer the account.

4-18  The state agency designated by the Department to administer the

4-19  account shall, at least once each quarter, distribute the fees

4-20  deposited pursuant to this subsection to the particular cause or

4-21  charitable organization for whose benefit the special license plate

4-22  was created.

4-23      4.  Money in an account created pursuant to subsection 3 does

4-24  not lapse to the State General Fund at the end of a fiscal year. The

4-25  interest and income earned on money in such an account, after

4-26  deducting any applicable charges, must be credited to the account.

4-27      Sec. 5.  1.  As used in this section, “special license plate”

4-28  means:

4-29      (a) A license plate that the Department has designed and

4-30  prepared pursuant to section 2 of this act in accordance with the

4-31  system of application and petition described in that section; and

4-32      (b) A license plate approved by the Legislature that the

4-33  Department has designed and prepared pursuant to NRS

4-34  482.3747, 482.37903, 482.37905, 482.37917, 482.379175,

4-35  482.37918, 482.37919, 482.3792, 482.3793, 482.37933, 482.37934,

4-36  482.37935, 482.37937, 482.37938 or 482.37945 or section 1 of

4-37  Assembly Bill No. 19 of this session.

4-38      2.  Notwithstanding any other provision of law to the contrary,

4-39  the Department shall not, at any one time, issue more than 25

4-40  separate designs of special license plates.

4-41      3.  Except as otherwise provided in this subsection, on

4-42  October 1 of each year the Department shall assess the viability of

4-43  each separate design of special license plate that the Department is

4-44  currently issuing by determining the total number of validly

4-45  registered motor vehicles to which that design of special license

5-1  plate is affixed. The Department shall not determine the total

5-2  number of validly registered motor vehicles to which a particular

5-3  design of special license plate is affixed if:

5-4  (a) The particular design of special license plate was designed

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

5-6  and

5-7  (b) On October 1, that particular design of special license plate

5-8  has been available to be issued for less than 12 months.

5-9  4.  Except as otherwise provided in subsection 6, if, on

5-10  October 1, the total number of validly registered motor vehicles to

5-11  which a particular design of special license plate is affixed is:

5-12      (a) In the case of special license plates designed and prepared

5-13  by the Department pursuant to section 2 of this act, less than

5-14  1,000; or

5-15      (b) In the case of special license plates authorized directly by

5-16  the Legislature which are described in paragraph (b) of subsection

5-17  1, less than the number of applications required to be received by

5-18  the Department for the initial issuance of those plates,

5-19  the Director shall provide notice of that fact in the manner

5-20  described in subsection 5.

5-21      5.  The notice required pursuant to subsection 4 must be

5-22  provided:

5-23      (a) If the special license plate generates financial support for a

5-24  cause or charitable organization, to that cause or charitable

5-25  organization.

5-26      (b) If the special license plate does not generate financial

5-27  support for a cause or charitable organization, to an entity which

5-28  is involved in promoting the activity, place or other matter that is

5-29  depicted on the plate.

5-30      6.  If, on December 31 of the same year in which notice was

5-31  provided pursuant to subsections 4 and 5, the total number of

5-32  validly registered motor vehicles to which a particular design of

5-33  special license plate is affixed is:

5-34      (a) In the case of special license plates designed and prepared

5-35  by the Department pursuant to section 2 of this act, less than

5-36  1,000; or

5-37      (b) In the case of special license plates authorized directly by

5-38  the Legislature which are described in paragraph (b) of subsection

5-39  1, less than the number of applications required to be received by

5-40  the Department for the initial issuance of those plates,

5-41  the Director shall, notwithstanding any other provision of law

5-42  to the contrary, issue an order providing that the Department will

5-43  no longer issue that particular design of special license plate.

5-44  Such an order does not require existing holders of that particular

5-45  design of special license plate to surrender their plates to the

6-1  Department and does not prohibit those holders from renewing

6-2  those plates.

6-3  Sec. 6.  NRS 482.1805 is hereby amended to read as follows:

6-4  482.1805  1.  The Revolving Account for the Issuance of

6-5  Special License Plates is hereby created as a special account in the

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

6-7  the Department for the initial issuance of a special license plate, not

6-8  including any additional fee which may be added to generate

6-9  financial support for a particular cause or charitable organization,

6-10  must be deposited in the Motor Vehicle Fund for credit to the

6-11  Account.

6-12      2.  The Department shall use the money in the Account to [pay]

6-13  :

6-14      (a) Pay the expenses involved in issuing special license plates

6-15  [.]; and

6-16      (b) Purchase improved and upgraded technology, including,

6-17  without limitation, digital technology for the production of special

6-18  license plates, to ensure that special license plates are produced in

6-19  the most efficient manner possible.

6-20      3.  Money in the Account must be used only for the [purpose]

6-21  purposes specified in subsection 2.

6-22      4.  At the end of each fiscal year, the State Controller shall

6-23  transfer from the Account to the State Highway Fund an amount of

6-24  money equal to the balance in the Account which exceeds $50,000.

6-25      Sec. 7.  NRS 482.216 is hereby amended to read as follows:

6-26      482.216  1.  Upon the request of a new vehicle dealer, the

6-27  Department may authorize the new vehicle dealer to:

6-28      (a) Accept applications for the registration of the new motor

6-29  vehicles he sells and the related fees and taxes;

6-30      (b) Issue certificates of registration to applicants who satisfy the

6-31  requirements of this chapter; and

6-32      (c) Accept applications for the transfer of registration pursuant

6-33  to NRS 482.399 if the applicant purchased from the new vehicle

6-34  dealer a new vehicle to which the registration is to be transferred.

6-35      2.  A new vehicle dealer who is authorized to issue certificates

6-36  of registration pursuant to subsection 1 shall:

6-37      (a) Transmit the applications he receives to the Department

6-38  within the period prescribed by the Department;

6-39      (b) Transmit the fees he collects from the applicants and

6-40  properly account for them within the period prescribed by the

6-41  Department;

6-42      (c) Comply with the regulations adopted pursuant to subsection

6-43  4; and

7-1  (d) Bear any cost of equipment which is necessary to issue

7-2  certificates of registration, including any computer hardware or

7-3  software.

7-4  3.  A new vehicle dealer who is authorized to issue certificates

7-5  of registration pursuant to subsection 1 shall not:

7-6  (a) Charge any additional fee for the performance of those

7-7  services;

7-8  (b) Receive compensation from the Department for the

7-9  performance of those services;

7-10      (c) Accept applications for the renewal of registration of a motor

7-11  vehicle; or

7-12      (d) Accept an application for the registration of a motor vehicle

7-13  if the applicant wishes to:

7-14          (1) Obtain special license plates pursuant to NRS 482.3667

7-15  to 482.3825, inclusive[;] , and section 2 of this act; or

7-16          (2) Claim the exemption from the governmental services tax

7-17  provided pursuant to NRS 361.1565 to veterans and their relations.

7-18      4.  The Director shall adopt such regulations as are necessary to

7-19  carry out the provisions of this section. The regulations adopted

7-20  pursuant to this subsection must provide for:

7-21      (a) The expedient and secure issuance of license plates and

7-22  decals by the Department; and

7-23      (b) The withdrawal of the authority granted to a new vehicle

7-24  dealer pursuant to subsection 1 if that dealer fails to comply with the

7-25  regulations adopted by the Department.

7-26      Sec. 8.  NRS 482.270 is hereby amended to read as follows:

7-27      482.270  1.  Except as otherwise provided in this section or by

7-28  specific statute, the Director shall order the redesign and preparation

7-29  of motor vehicle license plates with colors that are predominately

7-30  blue and silver. The Director may substitute white in place of silver

7-31  when no suitable material is available.

7-32      2.  Except as otherwise provided in subsection 3, the

7-33  Department shall, upon the payment of all applicable fees, issue

7-34  redesigned motor vehicle license plates pursuant to this section to

7-35  persons who apply for the registration or renewal of the registration

7-36  of a motor vehicle on or after January 1, 2001.

7-37      3.  The Department shall not issue redesigned motor vehicle

7-38  license plates pursuant to this section to a person who was issued

7-39  motor vehicle license plates before January 1, 1982, or pursuant to

7-40  NRS 482.3747, 482.3763, 482.3775, 482.378 or 482.379, without

7-41  the approval of the person.

7-42      4.  The Director may determine and vary the size, shape and

7-43  form and the material of which license plates are made, but each

7-44  license plate must be of sufficient size to be plainly readable from a

7-45  distance of 100 feet during daylight. All license plates must be

8-1  treated to reflect light and to be at least 100 times brighter than

8-2  conventional painted number plates. When properly mounted on an

8-3  unlighted vehicle, the license plates, when viewed from a vehicle

8-4  equipped with standard headlights, must be visible for a distance of

8-5  not less than 1,500 feet and readable for a distance of not less than

8-6  110 feet.

8-7  5.  Every license plate must have displayed upon it:

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

8-9  numbers, assigned to the vehicle and to the owner thereof;

8-10      (b) The name of this state, which may be abbreviated;

8-11      (c) If issued for a calendar year, the year; and

8-12      (d) If issued for a registration period other than a calendar year,

8-13  the month and year the registration expires.

8-14      6.  The letters I and Q must not be used in the designation.

8-15      7.  Except as otherwise provided in NRS 482.379, all letters and

8-16  numbers must be of the same size.

8-17      8.  Each special license plate that is designed, prepared and

8-18  issued pursuant to section 2 of this act must be designed and

8-19  prepared in such a manner that:

8-20      (a) The left-hand one-third of the plate is the only part of the

8-21  plate on which is displayed any design or other insignia that is

8-22  suggested pursuant to paragraph (d) of subsection 2 of that

8-23  section; and

8-24      (b) The remainder of the plate conforms to the requirements

8-25  for coloring, lettering and design that are set forth in this section.

8-26      Sec. 9.  NRS 482.500 is hereby amended to read as follows:

8-27      482.500  1.  Except as otherwise provided in subsection 2 or 3,

8-28  whenever upon application any duplicate or substitute certificate of

8-29  registration, decal or number plate is issued, the following fees must

8-30  be paid:

 

8-31  For a certificate of registration....... $5.00

8-32  For every substitute number plate or set of plates   5.00

8-33  For every duplicate number plate or set of plates    10.00

8-34  For every decal displaying a county name  .50

8-35  For every other decal, license plate sticker or tab    5.00

 

8-36      2.  The following fees must be paid for any replacement plate or

8-37  set of plates issued for the following special license plates:

8-38      (a) For any special plate issued pursuant to NRS 482.3667,

8-39  482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to

8-40  482.3816, inclusive, and section 2 of this act, a fee of $10.

8-41      (b) For any special plate issued pursuant to NRS 482.368,

8-42  482.3765, 482.377 or 482.378, a fee of $5.

9-1  (c) Except as otherwise provided in NRS 482.37937 and

9-2  482.37945, for any souvenir license plate issued pursuant to NRS

9-3  482.3825 or sample license plate issued pursuant to NRS 482.2703,

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

9-5  those plates.

9-6  3.  A fee must not be charged for a duplicate or substitute of a

9-7  decal issued pursuant to NRS 482.37635.

9-8  4.  The fees which are paid for duplicate number plates and

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

9-10  Treasurer for credit to the Motor Vehicle Fund and allocated to the

9-11  Department to defray the costs of duplicating the plates and

9-12  manufacturing the decals.

9-13      5.  As used in this section:

9-14      (a) “Duplicate number plate” means a license plate or a set of

9-15  license plates issued to a registered owner which repeat the code of

9-16  a plate or set of plates previously issued to the owner to maintain his

9-17  registration using the same code.

9-18      (b) “Substitute number plate” means a license plate or a set of

9-19  license plates issued in place of a previously issued and unexpired

9-20  plate or set of plates. The plate or set of plates does not repeat the

9-21  code of the previously issued plate or set.

9-22      Sec. 10.  1.  This section and section 6 of this act become

9-23  effective upon passage and approval.

9-24      2.  Sections 1 to 5, inclusive, 7, 8 and 9 of this act become

9-25  effective on July 1, 2003.

 

9-26  H