requires two-thirds majority vote (§§ 2, 3, 8)                                                                                                        

                                                                                                  

 

Assembly Bill No. 370–Assemblyman Hettrick (by request)

 

March 17, 2003

____________

 

Referred to Committee on Transportation

 

SUMMARY—Provides for issuance of special license plates for support of Kid’s Fishing Derby and provides for design, preparation and issuance of special license plates by petition to Department of Motor Vehicles. (BDR 43‑1310)

 

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 Kid’s Fishing Derby; providing for the design, preparation and issuance of special license plates by petition to the Department of Motor Vehicles; limiting the number of different designs of special license plates that the Department may issue by petition; providing in certain circumstances for withdrawal from use of a particular design of special license plates issued by petition; imposing a fee for the issuance and renewal of such license plates; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

1-2  thereto the provisions set forth as sections 2 to 6, inclusive, of this

1-3  act.

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

1-5  the Department, in cooperation with Kid’s Fishing Derby, Inc. or

1-6  its successor, shall design, prepare and issue license plates for the

1-7  support of the Kid’s Fishing Derby that is held at Lampe Park in

1-8  Gardnerville, Nevada, or a successor location, using any colors

2-1  and designs that the Department deems appropriate. The design of

2-2  the license plates must include a depiction of children fishing at a

2-3  canal. The Department shall not design, prepare or issue the

2-4  license plates unless it receives at least 1,000 applications for the

2-5  issuance of those plates.

2-6  2.  If the Department receives at least 1,000 applications for

2-7  the issuance of license plates for the support of the Kid’s Fishing

2-8  Derby, the Department shall issue those plates for a passenger car

2-9  or light commercial vehicle upon application by a person who is

2-10  entitled to license plates pursuant to NRS 482.265 and who

2-11  otherwise complies with the requirements for registration and

2-12  licensing pursuant to this chapter. A person may request that

2-13  personalized prestige license plates issued pursuant to NRS

2-14  482.3667 be combined with license plates for the support of

2-15  the Kid’s Fishing Derby if that person pays the fees for the

2-16  personalized prestige license plates in addition to the fees for the

2-17  license plates for the support of the Kid’s Fishing Derby pursuant

2-18  to subsections 3 and 4.

2-19      3.  The fee for license plates for the support of the Kid’s

2-20  Fishing Derby is $35, in addition to all other applicable

2-21  registration and license fees and governmental services taxes. The

2-22  license plates are renewable upon the payment of $10.

2-23      4.  In addition to all other applicable registration and license

2-24  fees and governmental services taxes and the fee prescribed in

2-25  subsection 3, a person who requests a set of license plates for the

2-26  support of the Kid’s Fishing Derby must pay for the initial

2-27  issuance of the plates an additional fee of $25 and for each

2-28  renewal of the plates an additional fee of $20, to be distributed

2-29  pursuant to subsection 5.

2-30      5.  The Department shall deposit the fees collected pursuant to

2-31  subsection 4 with the State Treasurer for credit to the State

2-32  General Fund. The State Treasurer shall, on a quarterly basis,

2-33  distribute the fees deposited pursuant to this subsection to Kid’s

2-34  Fishing Derby, Inc. or its successor for its programs and

2-35  charitable activities in support of the Kid’s Fishing Derby that is

2-36  held at Lampe Park in Gardnerville, Nevada, or a successor

2-37  location.

2-38      6.  If, during a registration year, the holder of license plates

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

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

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

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

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

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

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

3-2  return them to the Department

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

3-4  design, prepare and issue a special license plate by submitting an

3-5  application to the Department.

3-6  2.  An application submitted to the Department pursuant to

3-7  subsection 1:

3-8  (a) Must be on a form prescribed and furnished by the

3-9  Department;

3-10      (b) Must be accompanied by a petition containing the

3-11  signatures of at least 250 persons who wish to obtain the special

3-12  license plate;

3-13      (c) Must specify whether the special license plate being

3-14  requested is intended to generate financial support for a particular

3-15  cause or charitable organization and, if so, the name of the cause

3-16  or charitable organization; and

3-17      (d) May be accompanied by suggestions for the design of and

3-18  colors to be used in the special license plate.

3-19      3.  Except as otherwise provided in this subsection, the

3-20  Department may design and prepare a special license plate

3-21  requested pursuant to subsection 1 if the Department determines

3-22  that the application for that plate complies with subsection 2. The

3-23  Department shall not design and prepare a special license plate

3-24  requested pursuant to subsection 1 if:

3-25      (a) The Department receives fewer than 1,000 applications for

3-26  the issuance of the plate within 2 years after the date on which the

3-27  Department received the initial application for the design,

3-28  preparation and issuance of the plate pursuant to subsection 1; or

3-29      (b) The Department determines that the special license plate is

3-30  inappropriate or not feasible.

3-31      4.  Except as otherwise provided in sections 5 and 6 of this act,

3-32  the Department may issue a special license plate that the

3-33  Department has designed and prepared pursuant to this section

3-34  for any passenger car or light commercial vehicle upon

3-35  application by a person who is entitled to license plates pursuant

3-36  to NRS 482.265 and who otherwise complies with the

3-37  requirements for registration and licensing pursuant to this

3-38  chapter. A person may request that personalized prestige license

3-39  plates issued pursuant to NRS 482.3667 be combined with a

3-40  special license plate issued pursuant to this section if that person

3-41  pays the fees for personalized prestige license plates in addition to

3-42  the fees for the special license plate.

3-43      5.  If, during a registration year, the holder of license plates

3-44  issued pursuant to the provisions of this section disposes of the

3-45  vehicle to which the plates are affixed, the holder shall:

4-1  (a) Retain the plates and affix them to another vehicle that

4-2  meets the requirements of this section if the holder pays the fee for

4-3  the transfer of the registration and any registration fee or

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

4-5  (b) Within 30 days after removing the plates from the vehicle,

4-6  return them to the Department.

4-7  Sec. 4.  1.  The fee for special license plates designed,

4-8  prepared and issued pursuant to section 3 of this act is $35, in

4-9  addition to all other applicable registration and license fees and

4-10  governmental services taxes. The license plates are renewable

4-11  upon the payment of $10.

4-12      2.  In addition to all other applicable registration and license

4-13  fees and governmental services taxes and the fee prescribed in

4-14  subsection 1, if a special license plate is designed, prepared and

4-15  issued pursuant to section 3 of this act to generate financial

4-16  support for a particular cause or charitable organization, a person

4-17  who requests a set of such license plates must pay for the initial

4-18  issuance of the plates an additional fee of $25 and for each

4-19  renewal of the plates an additional fee of $20, to be distributed in

4-20  the manner described in subsection 3.

4-21      3.  The Department shall deposit the additional fees collected

4-22  pursuant to subsection 2 with the State Treasurer for credit to an

4-23  account created in the State General Fund for the benefit of the

4-24  particular cause or charitable organization for whose financial

4-25  benefit the special license plate was created. The Department shall

4-26  designate an appropriate state agency to administer the account.

4-27  The state agency designated by the Department to administer the

4-28  account shall, at least once each quarter, distribute the fees

4-29  deposited pursuant to this subsection to the particular cause or

4-30  charitable organization for whose benefit the special license plate

4-31  was created.

4-32      4.  Money in an account created pursuant to subsection 3 does

4-33  not lapse to the State General Fund at the end of a fiscal year. The

4-34  interest and income earned on money in such an account, after

4-35  deducting any applicable charges, must be credited to the account.

4-36      Sec. 5.  1.  The Department shall not:

4-37      (a) Issue more than five separate designs of special license

4-38  plates at any one time pursuant to section 3 of this act; or

4-39      (b) Design or prepare a new special license plate pursuant to

4-40  section 3 of this act if the provisions of paragraph (a) would

4-41  prohibit the Department from issuing that plate.

4-42      2.  If a special license plate issued pursuant to section 3 of this

4-43  act is withdrawn from use pursuant to section 6 of this act, that

4-44  special license plate does not count against the limitation set forth

4-45  in paragraph (a) of subsection 1.

5-1  3.  The provisions of this section do not prohibit the

5-2  Department from accepting applications and petitions for new

5-3  special license plates. If the Department receives the requisite

5-4  number of signatures and applications for the design, preparation

5-5  and issuance of a new special license plate but is prohibited

5-6  pursuant to subsection 1 from designing, preparing and issuing

5-7  the plate, the Department shall cause the new special license plate

5-8  to be placed in a queue for design, preparation and issuance at

5-9  such time as the withdrawal from use of special license plates

5-10  pursuant to section 6 of this act allows a new special license plate

5-11  to be designed, prepared and issued.

5-12      Sec. 6.  1.  Except as otherwise provided in this subsection,

5-13  on October 1 of each year the Department shall, for each separate

5-14  design of a special license plate issued pursuant to section 3 of this

5-15  act, determine the total number of validly registered motor vehicles

5-16  to which that design of the special license plate is affixed. The

5-17  Department shall not determine the total number of validly

5-18  registered motor vehicles to which a particular design of a special

5-19  license plate is affixed if, on October 1, that particular design of

5-20  the special license plate has been available to be issued for less

5-21  than 12 months.

5-22      2.  Except as otherwise provided in subsection 3, if, on

5-23  October 1, the total number of validly registered vehicles to which

5-24  a particular design of a special license plate is affixed is less than

5-25  the number of initial requests required for the design and

5-26  preparation of that special license plate as set forth in paragraph

5-27  (a) of subsection 3 of section 3 of this act, the Director shall

5-28  provide notice of that fact to:

5-29      (a) If the plate generates financial support for a cause or

5-30  charitable organization, that cause or charitable organization.

5-31      (b) If the plate does not generate financial support for a cause

5-32  or charitable organization, an entity which is involved in

5-33  promoting the activity, place or other matter that is depicted on the

5-34  plate.

5-35      3.  If, on October 1 of the year immediately succeeding the

5-36  year in which notice was provided pursuant to subsection 2, the

5-37  total number of validly registered vehicles to which a particular

5-38  design of a special license plate is affixed is less than the number

5-39  of initial requests required for the design and preparation of that

5-40  special license plate as set forth in paragraph (a) of subsection 3

5-41  of section 3 of this act, the Director shall issue an order

5-42  withdrawing that particular design of the special license plate

5-43  from use.

5-44      4.  If the Director issues an order pursuant to subsection 3:

6-1  (a) The Department shall provide notice of the order to each

6-2  holder of the special license plate withdrawn from use. In

6-3  providing notice of the order, the Department may combine the

6-4  notice with any documents mailed to the holder for the renewal of

6-5  the registration of the vehicle to which the plate is affixed.

6-6  (b) The order must provide that a holder of the special license

6-7  plate withdrawn from use is not required to replace the withdrawn

6-8  plate until:

6-9       (1) The holder renews the registration of the vehicle to

6-10  which the plate is affixed; or

6-11          (2) The registration of the vehicle to which the plate is

6-12  affixed expires,

6-13  whichever occurs first.

6-14      Sec. 7.  NRS 482.216 is hereby amended to read as follows:

6-15      482.216  1.  Upon the request of a new vehicle dealer, the

6-16  Department may authorize the new vehicle dealer to:

6-17      (a) Accept applications for the registration of the new motor

6-18  vehicles he sells and the related fees and taxes;

6-19      (b) Issue certificates of registration to applicants who satisfy the

6-20  requirements of this chapter; and

6-21      (c) Accept applications for the transfer of registration pursuant

6-22  to NRS 482.399 if the applicant purchased from the new vehicle

6-23  dealer a new vehicle to which the registration is to be transferred.

6-24      2.  A new vehicle dealer who is authorized to issue certificates

6-25  of registration pursuant to subsection 1 shall:

6-26      (a) Transmit the applications he receives to the Department

6-27  within the period prescribed by the Department;

6-28      (b) Transmit the fees he collects from the applicants and

6-29  properly account for them within the period prescribed by the

6-30  Department;

6-31      (c) Comply with the regulations adopted pursuant to subsection

6-32  4; and

6-33      (d) Bear any cost of equipment which is necessary to issue

6-34  certificates of registration, including any computer hardware or

6-35  software.

6-36      3.  A new vehicle dealer who is authorized to issue certificates

6-37  of registration pursuant to subsection 1 shall not:

6-38      (a) Charge any additional fee for the performance of those

6-39  services;

6-40      (b) Receive compensation from the Department for the

6-41  performance of those services;

6-42      (c) Accept applications for the renewal of registration of a motor

6-43  vehicle; or

6-44      (d) Accept an application for the registration of a motor vehicle

6-45  if the applicant wishes to:

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

7-2  to 482.3825, inclusive[;] , and sections 2 and 3 of this act; or

7-3       (2) Claim the exemption from the governmental services tax

7-4  provided pursuant to NRS 361.1565 to veterans and their relations.

7-5  4.  The Director shall adopt such regulations as are necessary to

7-6  carry out the provisions of this section. The regulations adopted

7-7  pursuant to this subsection must provide for:

7-8  (a) The expedient and secure issuance of license plates and

7-9  decals by the Department; and

7-10      (b) The withdrawal of the authority granted to a new vehicle

7-11  dealer pursuant to subsection 1 if that dealer fails to comply with the

7-12  regulations adopted by the Department.

7-13      Sec. 8.  NRS 482.500 is hereby amended to read as follows:

7-14      482.500  1.  Except as otherwise provided in subsection 2 or 3,

7-15  whenever upon application any duplicate or substitute certificate of

7-16  registration, decal or number plate is issued, the following fees must

7-17  be paid:

 

7-18  For a certificate of registration....... $5.00

7-19  For every substitute number plate or set of plates   5.00

7-20  For every duplicate number plate or set of plates    10.00

7-21  For every decal displaying a county name  .50

7-22  For every other decal, license plate sticker or tab    5.00

 

7-23      2.  The following fees must be paid for any replacement plate or

7-24  set of plates issued for the following special license plates:

7-25      (a) For any special plate issued pursuant to NRS 482.3667,

7-26  482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to

7-27  482.3816, inclusive, and sections 2 and 3 of this act, a fee of $10.

7-28      (b) For any special plate issued pursuant to NRS 482.368,

7-29  482.3765, 482.377 or 482.378, a fee of $5.

7-30      (c) Except as otherwise provided in NRS 482.37937 and

7-31  482.37945, for any souvenir license plate issued pursuant to NRS

7-32  482.3825 or sample license plate issued pursuant to NRS 482.2703,

7-33  a fee equal to that established by the Director for the issuance of

7-34  those plates.

7-35      3.  A fee must not be charged for a duplicate or substitute of a

7-36  decal issued pursuant to NRS 482.37635.

7-37      4.  The fees which are paid for duplicate number plates and

7-38  decals displaying county names must be deposited with the State

7-39  Treasurer for credit to the Motor Vehicle Fund and allocated to the

7-40  Department to defray the costs of duplicating the plates and

7-41  manufacturing the decals.

7-42      5.  As used in this section:

8-1  (a) “Duplicate number plate” means a license plate or a set of

8-2  license plates issued to a registered owner which repeat the code of

8-3  a plate or set of plates previously issued to the owner to maintain his

8-4  registration using the same code.

8-5  (b) “Substitute number plate” means a license plate or a set of

8-6  license plates issued in place of a previously issued and unexpired

8-7  plate or set of plates. The plate or set of plates does not repeat the

8-8  code of the previously issued plate or set.

8-9  Sec. 9.  On or before October 1, 2005, the Department of

8-10  Motor Vehicles shall determine and publicly declare the number of

8-11  applications it has received for the issuance of license plates

8-12  pursuant to section 2 of this act.

8-13      Sec. 10.  The amendatory provisions of this act expire by

8-14  limitation on October 1, 2005, if on that date the Department of

8-15  Motor Vehicles has received fewer than 1,000 applications for the

8-16  issuance of license plates pursuant to section 2 of this act.

 

8-17  H