Amendment No. 129

 

Assembly Amendment to Assembly Bill No. 192                                                                (BDR 43‑181)

Proposed by: Committee on Transportation

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:              Title:              Preamble:               Joint Sponsorship:

 

Adoption of this amendment will ADD a 2/3s majority vote requirement for final passage of AB192 (§ 3).

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                 

       Receded        Not                                               |         Receded        Not                                           

 

     Amend the bill as a whole by renumbering section 1 as sec. 4 and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:

     “Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  With respect to any special license plate that is issued pursuant to NRS 482.3667 to 482.3825, inclusive, and for which an additional fee is imposed for the issuance of the special license plate to generate financial support for a charitable organization:

     (a) The Director shall, at the request of the charitable organization that is benefited by the particular special license plate:

          (1) Order the design and preparation of souvenir license plates, the design of which must be substantially similar to the particular special license plate; and

          (2) Issue such souvenir license plates, for a fee established pursuant to NRS 482.3825, only to the charitable organization that is benefited by the particular special license plate. The charitable organization may resell such souvenir license plates at a price determined by the charitable organization.

     (b) The Department may, except as otherwise provided in this paragraph and after approving the final design of the particular special license plate, issue the special license plate for a trailer or other type of vehicle that is not a passenger car or light commercial vehicle, excluding motorcycles and vehicles required to be registered with the Department pursuant to NRS 706.801 to 706.861, inclusive, upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. The Department may not issue a special license plate for such other types of vehicles if the Department determines that the design or manufacture of the plate for those other types of vehicles would not be feasible. In addition, if the Department incurs additional costs to manufacture a special license plate for such other types of vehicles, including, without limitation, costs associated with the purchase, manufacture or modification of dies or other equipment necessary to manufacture the special license plate for such other types of vehicles, those additional costs must be paid from private sources without any expense to the State of Nevada.

     2.  As used in this section, “charitable organization” means a particular cause, charity or other entity that receives money from the imposition of an additional fee in connection with the issuance of a special license plate pursuant to NRS 482.3667 to 482.3825, inclusive. The term includes the successor, if any, of a charitable organization.

     Sec. 2. NRS 482.3764 is hereby amended to read as follows:

     482.3764  1.  Before the Department issues to any person, pursuant to NRS 482.3763:

     (a) An initial set of special license plates, it shall:

          (1) Collect a special fee for a veterans’ home in the amount of $25; and

          (2) Affix a decal to each plate if requested by an applicant who meets the requirements set forth in NRS 482.37635.

     (b) An annual renewal sticker, it shall:

          (1) Collect a special fee for a veterans’ home in the amount of $20; and

          (2) Affix a decal to each plate if requested by an applicant who meets the requirements set forth in NRS 482.37635.

     2.  The Department shall deposit any money collected pursuant to this section with the State Treasurer for credit to the [Veterans’ Home Account.]Gift Account for Veterans’ Homes, established by subsection 7 of NRS 417.145.

     Sec. 3. NRS 482.37905 is hereby amended to read as follows:

     482.37905  1.  Except as otherwise provided in this subsection, the Department, in cooperation with the organizations in this state which assist in the donation and procurement of human organs, shall design, prepare and issue license plates that encourage the donation of human organs using any colors and designs that the Department deems appropriate. The Department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

     2.  [The Department may issue] If the Department receives at least 250 applications for the issuance of license plates that encourage the donation of human organs , the Department shall issue those plates for [any] a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates that encourage the donation of human organs if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates which encourage the donation of human organs pursuant to [subsection 3.]subsections 3 and 4.

     3.  The fee for license plates to encourage the donation of human organs is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

     4.  In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who, on or after July 1, 2003:

     (a) Requests a set of license plates to encourage the donation of human organs must pay for the initial issuance of the plates an additional fee of $25, to be deposited pursuant to subsection 5; and

     (b) Renews a set of license plates to encourage the donation of human organs must pay for each renewal of the plates an additional fee of $20, to be deposited pursuant to subsection 5.

     5.  The Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the Anatomical Gift Account created in the State General Fund by NRS 460.150.

     6.  If, during a registration year, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, [he may retain] the holder shall:

     (a) Retain the plates and [:

     (a) Affix] affix them to another vehicle that meets the requirements of this section if the [transfer and registration fees are paid as set forth in this chapter; or]holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

     (b) Within 30 days after removing the plates from the vehicle, return them to the Department.”.

     Amend section 1, page 2, by deleting lines 7 through 14 and inserting:

“plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates”.

     Amend section 1, page 3, by deleting lines 16 through 26.

     Amend the bill as a whole by renumbering sec. 2 as sec. 8 and adding new sections designated sections 5 through 7, following section 1, to read as follows:

     “Sec. 5. NRS 482.37937 is hereby amended to read as follows:

     482.37937  1.  Except as otherwise provided in this subsection, the Department, in cooperation with the Pyramid Lake Paiute Tribe, shall design, prepare and issue license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake using any colors that the Department deems appropriate. The design of the license plates must include a depiction of Pyramid Lake and its surrounding area. The Department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

     2.  If the Department receives at least 250 applications for the issuance of license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake, the Department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake pursuant to subsections 3 and 4.

     3.  The fee for license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

     4.  In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be distributed pursuant to subsection 5.

     5.  The Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection to the Pyramid Lake Paiute Tribe. The fees deposited pursuant to this subsection may only be used to:

     (a) Protect, restore and enhance the water quality and natural resources of or relating to the Lower Truckee River and Pyramid Lake, including, without limitation:

          (1) Providing matching money for grants that are available from federal or state agencies for such purposes; and

          (2) Paying the costs of the Tribe’s portion of joint projects with local, state or federal agencies for such purposes.

     (b) Pay for, or match grants for, projects for the enhancement of the economic development of the area surrounding the Lower Truckee River and Pyramid Lake.

     (c) Pay for the development and construction of an arena on the Pyramid Lake Indian Reservation for activities pertaining to fairgrounds or rodeos, or both, and to provide financial support for the establishment of a rodeo team or other designated activities at Pyramid Lake High School. Until October 1, 2006, 25 percent of the fees deposited pursuant to this subsection must be used for the purposes described in this paragraph.

     6.  If, during a registration year, the holder of license plates issued pursuant to the provisions of [subsections 1 to 6, inclusive,] this section disposes of the vehicle to which the plates are affixed, the holder shall:

     (a) Retain the plates and affix them to another vehicle that meets the requirements of [subsections 1 to 6, inclusive,] this section if the [transfer and registration fees are paid as set forth in this chapter;] holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

     (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

     [7.  Except as otherwise provided in this subsection, the Director shall, at the request of the Pyramid Lake Paiute Tribe:

     (a) Order the design and preparation of souvenir license plates that indicate support for the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake; and

     (b) Issue such souvenir license plates only to the Pyramid Lake Paiute Tribe for a fee established pursuant to NRS 482.3825. The Pyramid Lake Paiute Tribe may resell such souvenir license plates at a price determined by the Tribe.

FLUSH

 
The Director shall not order the design or preparation of souvenir license plates pursuant to this subsection unless the Department has received at least 250 applications for the issuance of license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake pursuant to subsections 1 to 6, inclusive.]

     Sec. 6. NRS 482.37945 is hereby amended to read as follows:

     482.37945  1.  Except as otherwise provided in this subsection, the Department, in cooperation with the Northern Nevada Railway Foundation or its successor, shall design, prepare and issue license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad using any colors that the Department deems appropriate. The design of the license plates must include a depiction of a locomotive of the Virginia & Truckee Railroad and the phrase “The Virginia & Truckee Lives.” The Department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

     2.  If the Department receives at least 250 applications for the issuance of license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad, the Department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad pursuant to subsections 3 and 4.

     3.  The fee for license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

     4.  In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be distributed pursuant to subsection 5.

     5.  The Department shall transmit the fees collected pursuant to subsection 4 to the treasurer with whom the Nevada Commission for the Reconstruction of the V & T Railway of Carson City and Douglas, Lyon, Storey and Washoe Counties has entered into an agreement as required by subsection 2 of section 8 of chapter 566, Statutes of Nevada 1993, for deposit in the fund created pursuant to that section. The fees transmitted pursuant to this subsection must be used only for the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad.

     6.  If, during a registration year, the holder of license plates issued pursuant to the provisions of [subsections 1 to 6, inclusive,] this section disposes of the vehicle to which the plates are affixed, the holder shall:

     (a) Retain the plates and affix them to another vehicle that meets the requirements of [subsections 1 to 6, inclusive,] this section if the [transfer and registration fees are paid as set out in this chapter;] holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

     (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

     [7.  Except as otherwise provided in this subsection, the Director shall, at the request of the Northern Nevada Railway Foundation or its successor:

     (a) Order the design and preparation of souvenir license plates that indicate support for the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad; and

     (b) Issue such souvenir license plates only to the Northern Nevada Railway Foundation or its successor for a fee established pursuant to NRS 482.3825. The Northern Nevada Railway Foundation or its successor may resell such souvenir license plates at a price determined by the Foundation or its successor.

FLUSH

 
The director shall not order the design or preparation of souvenir license plates pursuant to this subsection unless the Department has received at least 250 applications for the issuance of license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad pursuant to subsections 1 to 6, inclusive.]

     Sec. 7. NRS 482.3825 is hereby amended to read as follows:

FIRST PARALLEL SECTION

 
     482.3825  1.  The Director may order the design and preparation of souvenir license plates which are easily distinguishable in design or color from regular license plates. The Director may establish a fee for the issuance of such plates of not more than $15 per plate. The Department may issue more than one plate of any particular design.

     2.  All money collected from the issuance of souvenir license plates must be deposited in the State Treasury for credit to the Motor Vehicle Fund.

     3.  As used in this section, “issuance” does not include the resale of a souvenir license plate [.] as authorized pursuant to paragraph (a) of subsection 1 of section 1 of this act.”.

     Amend sec. 2, page 4, by deleting lines 1 and 2 and inserting:

     “(c) Except as otherwise provided in [NRS 482.37937 and 482.37945,] paragraph (a) of subsection 1 of section 1 of this act, for any souvenir license plate”.

     Amend the bill as a whole by renumbering sec. 3 as sec. 12 and adding new sections designated sections 9 through 11, following sec. 2, to read as follows:

     “Sec. 9. NRS 417.145 is hereby amended to read as follows:

     417.145  1.  The Veterans’ Home Account is hereby established in the State General Fund.

     2.  Money received by the Executive Director or the Deputy Executive Director from:

     (a) Payments by the Department of Veterans Affairs for veterans who receive care in a veterans’ home;

     (b) Other payments for medical care and services;

     (c) Appropriations made by the Legislature for veterans’ homes; and

     (d) Except as otherwise provided in subsection 7, gifts of money and proceeds derived from the sale of gifts of personal property he is authorized to accept for the use of veterans’ homes, if the use of such gifts has not been restricted by the donor,

FLUSH

 
must be deposited with the State Treasurer for credit to the Veterans’ Home Account.

     3.  Interest and income must not be computed on the money in the Veterans’ Home Account.

     4.  The Veterans’ Home Account must be administered by the Executive Director, with the advice of the Deputy Executive Director and the Nevada Veterans’ Services Commission, and the money deposited in the Veterans’ Home Account may only be expended for:

     (a) The operation of veterans’ homes;

     (b) A program or service related to a veterans’ home;

     (c) The solicitation of other sources of money to fund a veterans’ home; and

     (d) The purpose of informing the public about issues concerning the establishment and uses of a veterans’ home.

     5.  Except as otherwise provided in subsection 7, gifts of personal property which the Executive Director or the Deputy Executive Director is authorized to receive for the use of veterans’ homes:

     (a) May be sold or exchanged if the sale or exchange is approved by the State Board of Examiners; or

     (b) May be used in kind if the gifts are not appropriate for conversion to money.

     6.  All money in the Veterans’ Home Account must be paid out on claims approved by the Executive Director as other claims against the State are paid.

     7.  The Gift Account for Veterans’ Homes is hereby established in the State General Fund. The Executive Director or the Deputy Executive Director shall use gifts of money or personal property that he is authorized to accept and which the donor has restricted to one or more uses at a veterans’ home, only in the manner designated by the donor. Gifts of money that the Executive Director or Deputy Executive Director is authorized to accept and which the donor has restricted to one or more uses at a veterans’ home must be deposited with the State Treasurer for credit to the Gift Account for Veterans’ Homes. In addition to any gifts of money or personal property described in this subsection, any money collected pursuant to NRS 482.3764 must be deposited with the State Treasurer for credit to the Gift Account for Veterans’ Homes. Money collected pursuant to NRS 482.3764 that is deposited with the State Treasurer for credit to the Gift Account for Veterans’ Homes may only be expended:

     (a) For a program or service related to a veterans’ home;

     (b) To solicit other sources of money to fund a veterans’ home; and

     (c) To inform the public about issues concerning the establishment and uses of a veterans’ home.

FLUSH

 
The interest and income earned on the money in the Gift Account for Veterans’ Homes, after deducting any applicable charges, must be credited to the Gift Account for Veterans’ Homes. Any money remaining in the Gift Account for Veterans’ Homes at the end of each fiscal year does not [lapse] revert to the State General Fund, but must be carried forward into the next fiscal year.

     Sec. 10. The provisions of NRS 482.37937 and 482.37945, as amended in this act, do not require that:

     1.  The Pyramid Lake Paiute Tribe; or

     2.  The Northern Nevada Railway Foundation or its successor,

FLUSH

 
submit a new request to the Director of the Department of Motor Vehicles pursuant to paragraph (a) of subsection 1 of section 1 of this act if the Tribe or the Foundation has already requested that the Director order the design and preparation of souvenir license plates, or has already requested that the Director issue the souvenir license plates to the Tribe or the Foundation for the purpose of reselling those plates, or both.

     Sec. 11. As soon as practicable after July 1, 2003, the Director of the Department of Motor Vehicles shall cause notice of the provisions of paragraph (b) of subsection 4 of NRS 482.37905, as amended by this act, to be mailed to each person who is currently a holder of license plates to encourage the donation of human organs. The notice described in this section must inform those persons that, for a renewal of license plates to encourage the donation of human organs which takes place on or after July 1, 2003, a holder of such license plates may:

     1.  Elect to pay the additional fee for renewal imposed pursuant to paragraph (b) of subsection 4 of NRS 482.37905, as amended by this act, and retain the plates; or

     2.  Elect not to pay the additional fee for renewal imposed pursuant to paragraph (b) of subsection 4 of NRS 482.37905, as amended by this act, and return the plates to the Department.”.

     Amend the title of the bill to read as follows:

“AN ACT relating to motor vehicles; requiring the Director of the Department of Motor Vehicles, with respect to certain special license plates, to design and prepare souvenir license plates and to issue those souvenir license plates for resale by the charitable organization that is benefited by the particular special license plate; authorizing the Department, in certain circumstances, to issue special license plates for vehicles other than passenger cars and light commercial vehicles; making certain changes with respect to the money collected in connection with the issuance of license plates for the support of veterans’ homes; imposing an additional fee for the issuance and renewal of license plates that encourage the donation of human organs and providing for the deposit of any such proceeds for credit to the Anatomical Gift Account; and providing other matters properly relating thereto.”.

     Amend the summary of the bill to read as follows:

“SUMMARY¾Revises provisions relating to special license plates. (BDR 43-181)”.