AB358_EN

Assembly Bill No. 358–Assemblyman Perkins

CHAPTER..........

AN ACT relating to motor vehicles; providing for the issuance of special license plates for the support of naturalized citizenship; 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 license 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:

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

thereto the provisions set forth as sections 1.3 to 5, inclusive, of this

act.

Sec. 1.3. 1. Except as otherwise provided in this subsection,

the Department, in cooperation with the Immigrant Workers

Citizenship Project or its successor, shall design, prepare and

issue license plates for the support of naturalized citizenship,

using any colors and designs that the Department deems

appropriate. The design of the license plates must include a

depiction of the Aztec Calendar. The Department shall not design,

prepare or issue the license plates unless it receives at least 1,000

applications for the issuance of those plates.

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

the issuance of license plates for the support of naturalized

citizenship, 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

naturalized citizenship 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 naturalized citizenship pursuant to

subsections 3 and 4.

3. The fee for license plates for the support of naturalized

citizenship 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 naturalized citizenship 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

Immigrant Workers Citizenship Project or its successor for its

programs and charitable activities in support of naturalized

citizenship.

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, the holder shall:

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

meets the requirements of this section if the 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.

Sec. 1.7. 1. Except as otherwise provided in this subsection,

the Department, in cooperation with Nevada Ducks Unlimited or

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

support of the conservation of wetlands, 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 1,000 applications for the issuance of those plates.

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

the issuance of license plates for the support of the conservation of

wetlands, 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 conservation of wetlands 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 conservation of wetlands

pursuant to subsections 3 and 4.

3. The fee for license plates for the support of the

conservation of wetlands 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 conservation of wetlands 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

Treasurer of Nevada Ducks Unlimited or its successor for use by

Nevada Ducks Unlimited or its successor in carrying out:

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

(1) Conducted within Nevada; and

(2) Sponsored or participated in by Nevada Ducks

Unlimited or its successor; and

(b) Fundraising activities for the conservation of wetlands that

are:

(1) Conducted within Nevada; and

(2) Sponsored or participated in by Nevada Ducks

Unlimited or its successor.

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, the holder shall:

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

meets the requirements of this section if the 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. As used in this section, “wetland” has the meaning

ascribed to it in NRS 244.388.

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

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

application to the Department.

2. An application submitted to the Department pursuant to

subsection 1:

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

Department;

(b) Must be accompanied by a petition containing the

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

license plate;

requested is intended to generate financial support for a particular

cause or charitable organization and, if so, the name of the cause

or charitable organization; and

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

colors to be used in the special license plate.

3. 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.

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

NRS 482.270,

for any 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 a

special license plate issued pursuant to this section if that person

pays the fees for personalized prestige license plates in addition to

the fees for the special license plate.

5. 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, the holder shall:

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

meets the requirements of this section if the 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.

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.

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.

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

prepared and issued pursuant to section 2 of this act 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.

2. In addition to all other applicable registration and license

fees and governmental services taxes and the fee prescribed in

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

issued pursuant to section 2 of this act to generate financial

support for a particular cause or charitable organization, a person

who requests a set of such license plates 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 in

the manner described in subsection 3.

3. The Department shall deposit the additional fees collected

pursuant to subsection 2 with the State Treasurer for credit to an

account created in the State General Fund for the benefit of the

particular cause or charitable organization for whose financial

benefit the special license plate was created. The Department shall

designate an appropriate state agency to administer the account.

The state agency designated by the Department to administer the

account shall, at least once each quarter, distribute the fees

deposited pursuant to this subsection to the particular cause or

charitable organization for whose benefit the special license plate

was created.

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

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

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

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

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

482.3747, 482.37903, 482.37905, 482.37917, 482.379175,

482.37918, 482.37919, 482.3792, 482.3793, 482.37933, 482.37934,

482.37935, 482.37937, 482.37938 or 482.37945 or section 1 of

Assembly Bill No. 19 of this session or section 1.3 or 1.7 of this

act.

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

1,000; 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,

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 December 31 of the same 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

1,000; 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,

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.

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.

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

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

Department may authorize the new vehicle dealer to:

(a) Accept applications for the registration of the new motor

vehicles he sells and the related fees and taxes;

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

requirements of this chapter; and

to NRS 482.399 if the applicant purchased from the new vehicle

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

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

of registration pursuant to subsection 1 shall:

(a) Transmit the applications he receives to the Department

within the period prescribed by the Department;

(b) Transmit the fees he collects from the applicants and

properly account for them within the period prescribed by the

Department;

4; and

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

certificates of registration, including any computer hardware or

software.

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

of registration pursuant to subsection 1 shall not:

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

services;

(b) Receive compensation from the Department for the

performance of those services;

vehicle; or

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

if the applicant wishes to:

(1) Obtain special license plates pursuant to NRS 482.3667

to 482.3825, inclusive[;] , and sections 1.3, 1.7 and 2 of this act; or

(2) Claim the exemption from the governmental services tax

provided pursuant to NRS 361.1565 to veterans and their relations.

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

carry out the provisions of this section. The regulations adopted

pursuant to this subsection must provide for:

(a) The expedient and secure issuance of license plates and

decals by the Department; and

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

dealer pursuant to subsection 1 if that dealer fails to comply with the

regulations adopted by the Department.

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;

(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.

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

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

whenever upon application any duplicate or substitute certificate of

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

be paid:

For a certificate of registration $5.00

For every substitute number plate or set of plates 5.00

For every duplicate number plate or set of plates 10.00

For every decal displaying a county name.. .50

For every other decal, license plate sticker or tab 5.00

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

set of plates issued for the following special license plates:

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

482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to

482.3816, inclusive, and sections 1.3, 1.7 and 2 of this act, a fee of

$10.

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

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

482.37945, for any souvenir license plate issued pursuant to NRS

482.3825 or sample license plate issued pursuant to NRS 482.2703,

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

those plates.

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

decal issued pursuant to NRS 482.37635.

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

decals displaying county names must be deposited with the State

Treasurer for credit to the Motor Vehicle Fund and allocated to the

Department to defray the costs of duplicating the plates and

manufacturing the decals.

5. As used in this section:

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

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

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

registration using the same code.

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

license plates issued in place of a previously issued and unexpired

plate or set of plates. The plate or set of plates does not repeat the

code of the previously issued plate or set.

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

Vehicles shall determine and publicly declare the number of

applications it has received for the issuance of license plates:

1. Pursuant to section 1.3 of this act; and

2. Pursuant to section 1.7 of this act.

Sec. 11. 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.

3. Section 1.3 of this act expires by limitation on July 1, 2005,

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

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

that section.

4. Section 1.7 of this act expires by limitation on July 1, 2005,

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

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

that section.

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