Amendment No. 536

 

Assembly Amendment to Assembly Bill No. 358                                                              (BDR 43‑1140)

Proposed by: Committee on Transportation

Amendment Box: Replaces Amendment No. 475.

Resolves Conflicts with: N/A

Amends:         Summary:              Title:              Preamble:               Joint Sponsorship:

 

Adoption of this amendment will MAINTAIN a 2/3s majority vote requirement for final passage of AB358 (§§ 4, 9).

 

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 section 1, page 1, line 2, by deleting:

“2, 3 and 4” and inserting:

“2 to 5, inclusive,”.

     Amend sec. 2, page 2, by deleting lines 5 through 19 and inserting:

     “3.  Except as otherwise provided in this subsection, the Department may design and prepare a special license plate requested pursuant to subsection 1 if:

     (a) The Department determines that the application for that plate complies with subsection 2; and

     (b) The Commission on Special License Plates approves the application for that plate pursuant to subsection 5 of section 3 of this act.

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The Department shall not design and prepare a special license plate requested pursuant to subsection 1 if the Department receives fewer than 1,000 applications for the issuance of the plate within 2 years after the date on which the Department received the initial application for the design, preparation and issuance of the plate pursuant to subsection 1.

     4.  Except as otherwise provided in section 5 of this act, the Department may issue a special license plate that:

     (a) The Department has designed and prepared pursuant to this section;

     (b) The Commission on Special License Plates has approved for issuance pursuant to subsection 5 of section 3 of this act; and

     (c) Complies with the requirements of subsection 8 of NRS 482.270,

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for any”.

     Amend the bill as a whole by renumbering sections 3 and 4 as sections 4 and 5 and adding a new section designated sec. 3, following sec. 2, to read as follows:

     “Sec. 3. 1.  There is hereby created the Commission on Special License Plates consisting of five Legislators and three nonvoting members as follows:

     (a) Five Legislators appointed by the Legislative Commission, one of whom is:

          (1) The Legislator who served as the Chairman of the Assembly Standing Committee on Transportation during the most recent legislative session; and

          (2) One of whom is the Legislator who served as the Chairman of the Senate Standing Committee on Transportation during the most recent legislative session.

     (b) Three nonvoting members consisting of:

          (1) The Director of the Department of Motor Vehicles, or his designee.

          (2) The Director of the Department of Public Safety, or his designee.

          (3) The Director of the Department of Cultural Affairs, or his designee.

     2.  Each member of the Commission appointed pursuant to paragraph (a) of subsection 1 serves a term of 2 years, commencing on July 1 of each odd-numbered year. A vacancy on the Commission must be filled in the same manner as the original appointment.

     3. Members of the Commission serve without salary or compensation for their travel or per diem expenses.

     4.  The Director of the Legislative Counsel Bureau shall provide administrative support to the Commission.

     5.  The Commission shall approve or disapprove:

     (a) Applications for the design, preparation and issuance of special license plates that are submitted to the Department pursuant to subsection 1 of section 2 of this act; and

     (b) The issuance by the Department of special license plates that have been designed and prepared pursuant to section 2 of this act.

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In determining whether to approve such an application or issuance, the Commission shall consider, without limitation, whether it would be appropriate and feasible for the Department to, as applicable, design, prepare or issue the particular special license plate.”.

     Amend sec. 4, pages 3 and 4, by deleting lines 22 through 44 on page 3 and lines 1 through 23 on page 4, and inserting:

     “Sec. 5. 1.  As used in this section, “special license plate” means:

     (a) A license plate that the Department has designed and prepared pursuant to section 2 of this act in accordance with the system of application and petition described in that section; and

     (b) A license plate approved by the Legislature that the Department has designed and prepared pursuant to NRS 482.37903, 482.37905, 482.37917, 482.379175, 482.37918, 482.3792, 482.3793, 482.37933, 482.37934, 482.37935, 482.37937, 482.37938 or 482.37945.

     2.  Notwithstanding any other provision of law to the contrary, the Department shall not, at any one time, issue more than 25 separate designs of special license plates.

     3.  Except as otherwise provided in this subsection, on October 1 of each year the Department shall assess the viability of each separate design of special license plate that the Department is currently issuing by determining the total number of validly registered motor vehicles to which that design of special license plate is affixed. The Department shall not determine the total number of validly registered motor vehicles to which a particular design of special license plate is affixed if:

     (a) The particular design of special license plate was designed and prepared by the Department pursuant to section 2 of this act; and

     (b) On October 1, that particular design of special license plate has been available to be issued for less than 12 months.

     4.  Except as otherwise provided in subsection 6, if, on October 1, the total number of validly registered motor vehicles to which a particular design of special license plate is affixed is:

     (a) In the case of special license plates designed and prepared by the Department pursuant to section 2 of this act, less than the number of signatures required pursuant to paragraph (b) of subsection 2 of that section; or

     (b) In the case of special license plates authorized directly by the Legislature which are described in paragraph (b) of subsection 1, less than the number of applications required to be received by the Department for the initial issuance of those plates,

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the Director shall provide notice of that fact in the manner described in subsection 5.

     5.  The notice required pursuant to subsection 4 must be provided:

     (a) If the special license plate generates financial support for a cause or charitable organization, to that cause or charitable organization.

     (b) If the special license plate does not generate financial support for a cause or charitable organization, to an entity which is involved in promoting the activity, place or other matter that is depicted on the plate.

     6.  If, on October 1 of the year immediately succeeding the year in which notice was provided pursuant to subsections 4 and 5, the total number of validly registered motor vehicles to which a particular design of special license plate is affixed is:

     (a) In the case of special license plates designed and prepared by the Department pursuant to section 2 of this act, less than the number of signatures required pursuant to paragraph (b) of subsection 2 of that section; or

     (b) In the case of special license plates authorized directly by the Legislature which are described in paragraph (b) of subsection 1, less than the number of applications required to be received by the Department for the initial issuance of those plates,

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the Director shall, notwithstanding any other provision of law to the contrary, issue an order providing that the Department will no longer issue that particular design of special license plate. Such an order does not require existing holders of that particular design of special license plate to surrender their plates to the Department and does not prohibit those holders from renewing those plates.”.

     Amend the bill as a whole by renumbering sec. 5 as sec. 7 and adding a new section designated sec. 6, following sec. 4, to read as follows:

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

     482.1805  1.  The Revolving Account for the Issuance of Special License Plates is hereby created as a special account in the Motor Vehicle Fund. An amount equal to $35 of the fee received by the Department for the initial issuance of a special license plate, not including any additional fee which may be added to generate financial support for a particular cause or charitable organization, must be deposited in the Motor Vehicle Fund for credit to the Account.

     2.  The Department shall use the money in the Account to [pay] :

     (a) Pay the expenses involved in issuing special license plates [.]; and

     (b) Purchase improved and upgraded technology, including, without limitation, digital technology for the production of special license plates, to ensure that special license plates are produced in the most efficient manner possible.

     3.  Money in the Account must be used only for the [purpose] purposes specified in subsection 2.

     4.  At the end of each fiscal year, the State Controller shall transfer from the Account to the State Highway Fund an amount of money equal to the balance in the Account which exceeds $50,000.”.

     Amend the bill as a whole by renumbering sec. 6 as sec. 9 and adding a new section designated sec. 8, following sec. 5, to read as follows:

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

     482.270  1.  Except as otherwise provided in this section or by specific statute, the Director shall order the redesign and preparation of motor vehicle license plates with colors that are predominately blue and silver. The Director may substitute white in place of silver when no suitable material is available.

     2.  Except as otherwise provided in subsection 3, the Department shall, upon the payment of all applicable fees, issue redesigned motor vehicle license plates pursuant to this section to persons who apply for the registration or renewal of the registration of a motor vehicle on or after January 1, 2001.

     3.  The Department shall not issue redesigned motor vehicle license plates pursuant to this section to a person who was issued motor vehicle license plates before January 1, 1982, or pursuant to NRS 482.3747, 482.3763, 482.3775, 482.378 or 482.379, without the approval of the person.

     4.  The Director may determine and vary the size, shape and form and the material of which license plates are made, but each license plate must be of sufficient size to be plainly readable from a distance of 100 feet during daylight. All license plates must be treated to reflect light and to be at least 100 times brighter than conventional painted number plates. When properly mounted on an unlighted vehicle, the license plates, when viewed from a vehicle equipped with standard headlights, must be visible for a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.

     5.  Every license plate must have displayed upon it:

     (a) The registration number, or combination of letters and numbers, assigned to the vehicle and to the owner thereof;

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

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

     (d) If issued for a registration period other than a calendar year, the month and year the registration expires.

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

     7.  Except as otherwise provided in NRS 482.379, all letters and numbers must be of the same size.

     8.  Each special license plate that is designed, prepared and issued pursuant to section 2 of this act must be designed and prepared in such a manner that:

     (a) The left-hand one-third of the plate is the only part of the plate on which is displayed any design or other insignia that is suggested pursuant to paragraph (d) of subsection 2 of that section; and

     (b) The remainder of the plate conforms to the requirements for coloring, lettering and design that are set forth in this section.”.

     Amend the bill as a whole by adding a new section designated sec. 10, following sec. 6, to read as follows:

     “Sec. 10. 1.  This section and section 6 of this act become effective upon passage and approval.

     2.  Sections 1 to 5, inclusive, 7, 8 and 9 of this act become effective on July 1, 2003.”.

     Amend the title of the bill to read as follows:

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.”.

     Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions relating to certain special license plates. (BDR 43‑1140)”.