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 issuance of special license plates for the support of the conservation of wetlands; imposing a fee for the issuance and renewal of such plates; 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:

 

 

 

2-1  Section 1. Chapter 482 of NRS is hereby amended by adding

2-2  thereto the provisions set forth as sections 1.5 to 5, inclusive, of this

2-3  act.

2-4  Sec. 1.5. 1.  Except as otherwise provided in this subsection,

2-5  the Department, in cooperation with Nevada Ducks Unlimited or

2-6  its successor, shall design, prepare and issue license plates for the

2-7  support of the conservation of wetlands, using any colors and

2-8  designs that the Department deems appropriate. The Department

2-9  shall not design, prepare or issue the license plates unless it

2-10  receives at least 1,000 applications for the issuance of those plates.

2-11      2.  If the Department receives at least 1,000 applications for

2-12  the issuance of license plates for the support of the conservation of

2-13  wetlands, the Department shall issue those plates for a passenger

2-14  car or light commercial vehicle upon application by a person who

2-15  is entitled to license plates pursuant to NRS 482.265 and who

2-16  otherwise complies with the requirements for registration and

2-17  licensing pursuant to this chapter. A person may request that

2-18  personalized prestige license plates issued pursuant to NRS

2-19  482.3667 be combined with license plates for the support of

2-20  the conservation of wetlands if that person pays the fees for the

2-21  personalized prestige license plates in addition to the fees for the

2-22  license plates for the support of the conservation of wetlands

2-23  pursuant to subsections 3 and 4.

2-24      3.  The fee for license plates for the support of the

2-25  conservation of wetlands is $35, in addition to all other applicable

2-26  registration and license fees and governmental services taxes. The

2-27  license plates are renewable upon the payment of $10.

2-28      4.  In addition to all other applicable registration and license

2-29  fees and governmental services taxes and the fee prescribed in

2-30  subsection 3, a person who requests a set of license plates for the

2-31  support of the conservation of wetlands must pay for the initial

2-32  issuance of the plates an additional fee of $25 and for each

2-33  renewal of the plates an additional fee of $20, to be distributed

2-34  pursuant to subsection 5.

2-35      5.  The Department shall deposit the fees collected pursuant to

2-36  subsection 4 with the State Treasurer for credit to the State

2-37  General Fund. The State Treasurer shall, on a quarterly basis,

2-38  distribute the fees deposited pursuant to this subsection to the

2-39  Treasurer of Nevada Ducks Unlimited or its successor for use by

2-40  Nevada Ducks Unlimited or its successor in carrying out:

2-41      (a) Projects for the conservation of wetlands that are:

2-42          (1) Conducted within Nevada; and

2-43          (2) Sponsored or participated in by Nevada Ducks

2-44  Unlimited or its successor; and

3-1  (b) Fundraising activities for the conservation of wetlands that

3-2  are:

3-3       (1) Conducted within Nevada; and

3-4       (2) Sponsored or participated in by Nevada Ducks

3-5  Unlimited or its successor.

3-6  6.  If, during a registration year, the holder of license plates

3-7  issued pursuant to the provisions of this section disposes of the

3-8  vehicle to which the plates are affixed, the holder shall:

3-9  (a) Retain the plates and affix them to another vehicle that

3-10  meets the requirements of this section if the holder pays the fee for

3-11  the transfer of the registration and any registration fee or

3-12  governmental services tax due pursuant to NRS 482.399; or

3-13      (b) Within 30 days after removing the plates from the vehicle,

3-14  return them to the Department.

3-15      7.  As used in this section, “wetland” has the meaning

3-16  ascribed to it in NRS 244.388.

3-17      Sec. 2.  1.  A person may request that the Department

3-18  design, prepare and issue a special license plate by submitting an

3-19  application to the Department.

3-20      2.  An application submitted to the Department pursuant to

3-21  subsection 1:

3-22      (a) Must be on a form prescribed and furnished by the

3-23  Department;

3-24      (b) Must be accompanied by a petition containing the

3-25  signatures of at least 1,000 persons who wish to obtain the special

3-26  license plate;

3-27      (c) Must specify whether the special license plate being

3-28  requested is intended to generate financial support for a particular

3-29  cause or charitable organization and, if so, the name of the cause

3-30  or charitable organization; and

3-31      (d) May be accompanied by suggestions for the design of and

3-32  colors to be used in the special license plate.

3-33      3.  The Department may design and prepare a special license

3-34  plate requested pursuant to subsection 1 if:

3-35      (a) The Department determines that the application for that

3-36  plate complies with subsection 2; and

3-37      (b) The Commission on Special License Plates approves the

3-38  application for that plate pursuant to subsection 5 of section 3 of

3-39  this act.

3-40      4.  Except as otherwise provided in section 5 of this act, the

3-41  Department may issue a special license plate that:

3-42      (a) The Department has designed and prepared pursuant to

3-43  this section;

3-44      (b) The Commission on Special License Plates has approved

3-45  for issuance pursuant to subsection 5 of section 3 of this act; and

4-1  (c) Complies with the requirements of subsection 8 of

4-2  NRS 482.270,

4-3  for any passenger car or light commercial vehicle upon

4-4  application by a person who is entitled to license plates pursuant

4-5  to NRS 482.265 and who otherwise complies with the

4-6  requirements for registration and licensing pursuant to this

4-7  chapter. A person may request that personalized prestige license

4-8  plates issued pursuant to NRS 482.3667 be combined with a

4-9  special license plate issued pursuant to this section if that person

4-10  pays the fees for personalized prestige license plates in addition to

4-11  the fees for the special license plate.

4-12      5.  If, during a registration year, the holder of license plates

4-13  issued pursuant to the provisions of this section disposes of the

4-14  vehicle to which the plates are affixed, the holder shall:

4-15      (a) Retain the plates and affix them to another vehicle that

4-16  meets the requirements of this section if the holder pays the fee for

4-17  the transfer of the registration and any registration fee or

4-18  governmental services tax due pursuant to NRS 482.399; or

4-19      (b) Within 30 days after removing the plates from the vehicle,

4-20  return them to the Department.

4-21      Sec. 3.  1.  There is hereby created the Commission on

4-22  Special License Plates consisting of five Legislators and three

4-23  nonvoting members as follows:

4-24      (a) Five Legislators appointed by the Legislative Commission,

4-25  one of whom is:

4-26          (1) The Legislator who served as the Chairman of the

4-27  Assembly Standing Committee on Transportation during the most

4-28  recent legislative session; and

4-29          (2) One of whom is the Legislator who served as the

4-30  Chairman of the Senate Standing Committee on Transportation

4-31  during the most recent legislative session.

4-32      (b) Three nonvoting members consisting of:

4-33          (1) The Director of the Department of Motor Vehicles, or

4-34  his designee.

4-35          (2) The Director of the Department of Public Safety, or his

4-36  designee.

4-37          (3) The Director of the Department of Cultural Affairs, or

4-38  his designee.

4-39      2.  Each member of the Commission appointed pursuant to

4-40  paragraph (a) of subsection 1 serves a term of 2 years,

4-41  commencing on July 1 of each odd-numbered year. A vacancy on

4-42  the Commission must be filled in the same manner as the original

4-43  appointment.

4-44      3. Members of the Commission serve without salary or

4-45  compensation for their travel or per diem expenses.

5-1  4.  The Director of the Legislative Counsel Bureau shall

5-2  provide administrative support to the Commission.

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

5-4  (a) Applications for the design, preparation and issuance of

5-5  special license plates that are submitted to the Department

5-6  pursuant to subsection 1 of section 2 of this act; and

5-7  (b) The issuance by the Department of special license plates

5-8  that have been designed and prepared pursuant to section 2 of this

5-9  act.

5-10  In determining whether to approve such an application or

5-11  issuance, the Commission shall consider, without limitation,

5-12  whether it would be appropriate and feasible for the Department

5-13  to, as applicable, design, prepare or issue the particular special

5-14  license plate.

5-15      Sec. 4.  1.  The fee for special license plates designed,

5-16  prepared and issued pursuant to section 2 of this act is $35, in

5-17  addition to all other applicable registration and license fees and

5-18  governmental services taxes. The license plates are renewable

5-19  upon the payment of $10.

5-20      2.  In addition to all other applicable registration and license

5-21  fees and governmental services taxes and the fee prescribed in

5-22  subsection 1, if a special license plate is designed, prepared and

5-23  issued pursuant to section 2 of this act to generate financial

5-24  support for a particular cause or charitable organization, a person

5-25  who requests a set of such license plates must pay for the initial

5-26  issuance of the plates an additional fee of $25 and for each

5-27  renewal of the plates an additional fee of $20, to be distributed in

5-28  the manner described in subsection 3.

5-29      3.  The Department shall deposit the additional fees collected

5-30  pursuant to subsection 2 with the State Treasurer for credit to an

5-31  account created in the State General Fund for the benefit of the

5-32  particular cause or charitable organization for whose financial

5-33  benefit the special license plate was created. The Department shall

5-34  designate an appropriate state agency to administer the account.

5-35  The state agency designated by the Department to administer the

5-36  account shall, at least once each quarter, distribute the fees

5-37  deposited pursuant to this subsection to the particular cause or

5-38  charitable organization for whose benefit the special license plate

5-39  was created.

5-40      4.  Money in an account created pursuant to subsection 3 does

5-41  not lapse to the State General Fund at the end of a fiscal year. The

5-42  interest and income earned on money in such an account, after

5-43  deducting any applicable charges, must be credited to the account.

5-44      Sec. 5.  1.  As used in this section, “special license plate”

5-45  means:

6-1  (a) A license plate that the Department has designed and

6-2  prepared pursuant to section 2 of this act in accordance with the

6-3  system of application and petition described in that section; and

6-4  (b) A license plate approved by the Legislature that the

6-5  Department has designed and prepared pursuant to NRS

6-6  482.3747, 482.37903, 482.37905, 482.37917, 482.379175,

6-7  482.37918, 482.37919, 482.3792, 482.3793, 482.37933, 482.37934,

6-8  482.37935, 482.37937, 482.37938 or 482.37945 or section 1 of

6-9  Assembly Bill No. 19 of this session or section 1.5 of this act.

6-10      2.  Notwithstanding any other provision of law to the contrary,

6-11  the Department shall not, at any one time, issue more than 25

6-12  separate designs of special license plates.

6-13      3.  Except as otherwise provided in this subsection, on

6-14  October 1 of each year the Department shall assess the viability of

6-15  each separate design of special license plate that the Department is

6-16  currently issuing by determining the total number of validly

6-17  registered motor vehicles to which that design of special license

6-18  plate is affixed. The Department shall not determine the total

6-19  number of validly registered motor vehicles to which a particular

6-20  design of special license plate is affixed if:

6-21      (a) The particular design of special license plate was designed

6-22  and prepared by the Department pursuant to section 2 of this act;

6-23  and

6-24      (b) On October 1, that particular design of special license plate

6-25  has been available to be issued for less than 12 months.

6-26      4.  Except as otherwise provided in subsection 6, if, on

6-27  October 1, the total number of validly registered motor vehicles to

6-28  which a particular design of special license plate is affixed is:

6-29      (a) In the case of special license plates designed and prepared

6-30  by the Department pursuant to section 2 of this act, less than

6-31  1,000; or

6-32      (b) In the case of special license plates authorized directly by

6-33  the Legislature which are described in paragraph (b) of subsection

6-34  1, less than the number of applications required to be received by

6-35  the Department for the initial issuance of those plates,

6-36  the Director shall provide notice of that fact in the manner

6-37  described in subsection 5.

6-38      5.  The notice required pursuant to subsection 4 must be

6-39  provided:

6-40      (a) If the special license plate generates financial support for a

6-41  cause or charitable organization, to that cause or charitable

6-42  organization.

6-43      (b) If the special license plate does not generate financial

6-44  support for a cause or charitable organization, to an entity which

7-1  is involved in promoting the activity, place or other matter that is

7-2  depicted on the plate.

7-3  6.  If, on December 31 of the same year in which notice was

7-4  provided pursuant to subsections 4 and 5, the total number of

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

7-6  special license plate is affixed is:

7-7  (a) In the case of special license plates designed and prepared

7-8  by the Department pursuant to section 2 of this act, less than

7-9  1,000; or

7-10      (b) In the case of special license plates authorized directly by

7-11  the Legislature which are described in paragraph (b) of subsection

7-12  1, less than the number of applications required to be received by

7-13  the Department for the initial issuance of those plates,

7-14  the Director shall, notwithstanding any other provision of law

7-15  to the contrary, issue an order providing that the Department will

7-16  no longer issue that particular design of special license plate.

7-17  Such an order does not require existing holders of that particular

7-18  design of special license plate to surrender their plates to the

7-19  Department and does not prohibit those holders from renewing

7-20  those plates.

7-21      Sec. 6.  NRS 482.1805 is hereby amended to read as follows:

7-22      482.1805  1.  The Revolving Account for the Issuance of

7-23  Special License Plates is hereby created as a special account in the

7-24  Motor Vehicle Fund. An amount equal to $35 of the fee received by

7-25  the Department for the initial issuance of a special license plate, not

7-26  including any additional fee which may be added to generate

7-27  financial support for a particular cause or charitable organization,

7-28  must be deposited in the Motor Vehicle Fund for credit to the

7-29  Account.

7-30      2.  The Department shall use the money in the Account to [pay]

7-31  :

7-32      (a) Pay the expenses involved in issuing special license plates

7-33  [.]; and

7-34      (b) Purchase improved and upgraded technology, including,

7-35  without limitation, digital technology for the production of special

7-36  license plates, to ensure that special license plates are produced in

7-37  the most efficient manner possible.

7-38      3.  Money in the Account must be used only for the [purpose]

7-39  purposes specified in subsection 2.

7-40      4.  At the end of each fiscal year, the State Controller shall

7-41  transfer from the Account to the State Highway Fund an amount of

7-42  money equal to the balance in the Account which exceeds $50,000.

7-43      Sec. 7.  NRS 482.216 is hereby amended to read as follows:

7-44      482.216  1.  Upon the request of a new vehicle dealer, the

7-45  Department may authorize the new vehicle dealer to:

8-1  (a) Accept applications for the registration of the new motor

8-2  vehicles he sells and the related fees and taxes;

8-3  (b) Issue certificates of registration to applicants who satisfy the

8-4  requirements of this chapter; and

8-5  (c) Accept applications for the transfer of registration pursuant

8-6  to NRS 482.399 if the applicant purchased from the new vehicle

8-7  dealer a new vehicle to which the registration is to be transferred.

8-8  2.  A new vehicle dealer who is authorized to issue certificates

8-9  of registration pursuant to subsection 1 shall:

8-10      (a) Transmit the applications he receives to the Department

8-11  within the period prescribed by the Department;

8-12      (b) Transmit the fees he collects from the applicants and

8-13  properly account for them within the period prescribed by the

8-14  Department;

8-15      (c) Comply with the regulations adopted pursuant to subsection

8-16  4; and

8-17      (d) Bear any cost of equipment which is necessary to issue

8-18  certificates of registration, including any computer hardware or

8-19  software.

8-20      3.  A new vehicle dealer who is authorized to issue certificates

8-21  of registration pursuant to subsection 1 shall not:

8-22      (a) Charge any additional fee for the performance of those

8-23  services;

8-24      (b) Receive compensation from the Department for the

8-25  performance of those services;

8-26      (c) Accept applications for the renewal of registration of a motor

8-27  vehicle; or

8-28      (d) Accept an application for the registration of a motor vehicle

8-29  if the applicant wishes to:

8-30          (1) Obtain special license plates pursuant to NRS 482.3667

8-31  to 482.3825, inclusive[;] , and sections 1.5 and 2 of this act; or

8-32          (2) Claim the exemption from the governmental services tax

8-33  provided pursuant to NRS 361.1565 to veterans and their relations.

8-34      4.  The Director shall adopt such regulations as are necessary to

8-35  carry out the provisions of this section. The regulations adopted

8-36  pursuant to this subsection must provide for:

8-37      (a) The expedient and secure issuance of license plates and

8-38  decals by the Department; and

8-39      (b) The withdrawal of the authority granted to a new vehicle

8-40  dealer pursuant to subsection 1 if that dealer fails to comply with the

8-41  regulations adopted by the Department.

8-42      Sec. 8.  NRS 482.270 is hereby amended to read as follows:

8-43      482.270  1.  Except as otherwise provided in this section or by

8-44  specific statute, the Director shall order the redesign and preparation

8-45  of motor vehicle license plates with colors that are predominately

9-1  blue and silver. The Director may substitute white in place of silver

9-2  when no suitable material is available.

9-3  2.  Except as otherwise provided in subsection 3, the

9-4  Department shall, upon the payment of all applicable fees, issue

9-5  redesigned motor vehicle license plates pursuant to this section to

9-6  persons who apply for the registration or renewal of the registration

9-7  of a motor vehicle on or after January 1, 2001.

9-8  3.  The Department shall not issue redesigned motor vehicle

9-9  license plates pursuant to this section to a person who was issued

9-10  motor vehicle license plates before January 1, 1982, or pursuant to

9-11  NRS 482.3747, 482.3763, 482.3775, 482.378 or 482.379, without

9-12  the approval of the person.

9-13      4.  The Director may determine and vary the size, shape and

9-14  form and the material of which license plates are made, but each

9-15  license plate must be of sufficient size to be plainly readable from a

9-16  distance of 100 feet during daylight. All license plates must be

9-17  treated to reflect light and to be at least 100 times brighter than

9-18  conventional painted number plates. When properly mounted on an

9-19  unlighted vehicle, the license plates, when viewed from a vehicle

9-20  equipped with standard headlights, must be visible for a distance of

9-21  not less than 1,500 feet and readable for a distance of not less than

9-22  110 feet.

9-23      5.  Every license plate must have displayed upon it:

9-24      (a) The registration number, or combination of letters and

9-25  numbers, assigned to the vehicle and to the owner thereof;

9-26      (b) The name of this state, which may be abbreviated;

9-27      (c) If issued for a calendar year, the year; and

9-28      (d) If issued for a registration period other than a calendar year,

9-29  the month and year the registration expires.

9-30      6.  The letters I and Q must not be used in the designation.

9-31      7.  Except as otherwise provided in NRS 482.379, all letters and

9-32  numbers must be of the same size.

9-33      8.  Each special license plate that is designed, prepared and

9-34  issued pursuant to section 2 of this act must be designed and

9-35  prepared in such a manner that:

9-36      (a) The left-hand one-third of the plate is the only part of the

9-37  plate on which is displayed any design or other insignia that is

9-38  suggested pursuant to paragraph (d) of subsection 2 of that

9-39  section; and

9-40      (b) The remainder of the plate conforms to the requirements

9-41  for coloring, lettering and design that are set forth in this section.

9-42      Sec. 9.  NRS 482.500 is hereby amended to read as follows:

9-43      482.500  1.  Except as otherwise provided in subsection 2 or 3,

9-44  whenever upon application any duplicate or substitute certificate of

10-1  registration, decal or number plate is issued, the following fees must

10-2  be paid:

 

10-3  For a certificate of registration....... $5.00

10-4  For every substitute number plate or set of plates   5.00

10-5  For every duplicate number plate or set of plates    10.00

10-6  For every decal displaying a county name  .50

10-7  For every other decal, license plate sticker or tab    5.00

 

10-8      2.  The following fees must be paid for any replacement plate or

10-9  set of plates issued for the following special license plates:

10-10     (a) For any special plate issued pursuant to NRS 482.3667,

10-11  482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to

10-12  482.3816, inclusive, and sections 1.5 and 2 of this act, a fee of $10.

10-13     (b) For any special plate issued pursuant to NRS 482.368,

10-14  482.3765, 482.377 or 482.378, a fee of $5.

10-15     (c) Except as otherwise provided in NRS 482.37937 and

10-16  482.37945, for any souvenir license plate issued pursuant to NRS

10-17  482.3825 or sample license plate issued pursuant to NRS 482.2703,

10-18  a fee equal to that established by the Director for the issuance of

10-19  those plates.

10-20     3.  A fee must not be charged for a duplicate or substitute of a

10-21  decal issued pursuant to NRS 482.37635.

10-22     4.  The fees which are paid for duplicate number plates and

10-23  decals displaying county names must be deposited with the State

10-24  Treasurer for credit to the Motor Vehicle Fund and allocated to the

10-25  Department to defray the costs of duplicating the plates and

10-26  manufacturing the decals.

10-27     5.  As used in this section:

10-28     (a) “Duplicate number plate” means a license plate or a set of

10-29  license plates issued to a registered owner which repeat the code of

10-30  a plate or set of plates previously issued to the owner to maintain his

10-31  registration using the same code.

10-32     (b) “Substitute number plate” means a license plate or a set of

10-33  license plates issued in place of a previously issued and unexpired

10-34  plate or set of plates. The plate or set of plates does not repeat the

10-35  code of the previously issued plate or set.

10-36     Sec. 10.  On or before July 1, 2005, the Department of Motor

10-37  Vehicles shall determine and publicly declare the number of

10-38  applications it has received for the issuance of license plates

10-39  pursuant to section 1.5 of this act.

10-40     Sec. 11.  1.  This section and section 6 of this act become

10-41  effective upon passage and approval.

10-42     2.  Sections 1 to 5, inclusive, 7, 8 and 9 of this act become

10-43  effective on July 1, 2003.

11-1      3.  Section 1.5 of this act expires by limitation on July 1, 2005,

11-2  if on that date the Department of Motor Vehicles has received fewer

11-3  than 1,000 applications for the issuance of license plates pursuant to

11-4  that section.

 

11-5  H