requires two-thirds majority vote (§§ 1, 3)                                                                                                            

                                                                                                  

 

Senate Bill No. 120–Senator Shaffer (by request)

 

February 13, 2003

____________

 

Referred to Committee on Transportation

 

SUMMARY—Provides for issuance of special license plates supporting alternatives to abortion. (BDR 43‑242)

 

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 supporting alternatives to abortion; imposing a fee for the issuance or 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 a new section to read as follows:

1-3  1.  Except as otherwise provided in this subsection, the

1-4  Department, in cooperation with Choose Life, Inc., or its

1-5  successor, shall design, prepare and issue license plates

1-6  supporting alternatives to abortion, using any colors and designs

1-7  that the Department deems appropriate. The design of the license

1-8  plates must include the phrase “Choose Life.” The Department

1-9  shall not design, prepare or issue the license plates unless it

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

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

1-12  the issuance of license plates supporting alternatives to abortion,

1-13  the Department shall issue those plates for a passenger car or light

1-14  commercial vehicle upon application by a person who is entitled to

1-15  license plates pursuant to NRS 482.265 and who otherwise

1-16  complies with the requirements for registration and licensing

1-17  pursuant to this chapter. A person may request that personalized

2-1  prestige license plates issued pursuant to NRS 482.3667 be

2-2  combined with license plates supporting alternatives to abortion if

2-3  that person pays the fees for the personalized prestige license

2-4  plates in addition to the fees for the license plates supporting

2-5  alternatives to abortion pursuant to subsections 3 and 4.

2-6  3.  The fee for license plates supporting alternatives to

2-7  abortion is $35, in addition to all other applicable registration and

2-8  license fees and governmental services taxes. The license plates

2-9  are renewable upon the payment of $10.

2-10      4.  In addition to all other applicable registration and license

2-11  fees and governmental services taxes and the fee prescribed in

2-12  subsection 3, a person who requests a set of license plates

2-13  supporting alternatives to abortion must pay for the initial

2-14  issuance of the plates an additional fee of $25 and for each

2-15  renewal of the plates an additional fee of $20, to be distributed in

2-16  the manner prescribed in subsection 5.

2-17      5.  The Department shall deposit the fees collected pursuant to

2-18  subsection 4 with the State Treasurer for credit to the State

2-19  General Fund. The State Treasurer shall, on a quarterly basis,

2-20  distribute to each county the fees collected for the preceding

2-21  quarter for license plates for vehicles registered in that county.

2-22  The money:

2-23      (a) May be used by the county only to make grants to nonprofit

2-24  organizations that counsel and support, without charge, women

2-25  with unplanned pregnancies who are committed to placing their

2-26  newborn children for adoption; and

2-27      (b) Must not be used by the county to make grants to any

2-28  organization that makes referrals for abortions, facilitates

2-29  counseling for pregnant women who are considering abortion, or

2-30  that is otherwise associated with or involved in activities which are

2-31  related to abortion.

2-32      6.  Money granted pursuant to subsection 5 may only be used

2-33  to pay for:

2-34      (a) Expenses of direct services, such as counseling or training,

2-35  provided to women with unplanned pregnancies who are

2-36  committed to placing their newborn children for adoption;

2-37      (b) Direct costs incurred for the medical care, housing,

2-38  clothing, utilities, food and transportation of women with

2-39  unplanned pregnancies who are committed to placing their

2-40  newborn children for adoption; and

2-41      (c) Expenses related to infants awaiting placement with

2-42  adoptive parents.

2-43      7.  If, during a registration year, the holder of license plates

2-44  issued pursuant to the provisions of this section disposes of the

2-45  vehicle to which the plates are affixed, the holder shall:

3-1  (a) Retain the plates and affix them to another vehicle that

3-2  meets the requirements of this section if the holder pays the fee for

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

3-4  governmental services tax due pursuant to NRS 482.399; or

3-5  (b) Within 30 days after removing the plates from the vehicle,

3-6  return them to the Department.

3-7  Sec. 2.  NRS 482.216 is hereby amended to read as follows:

3-8  482.216  1.  Upon the request of a new vehicle dealer, the

3-9  Department may authorize the new vehicle dealer to:

3-10      (a) Accept applications for the registration of the new motor

3-11  vehicles he sells and the related fees and taxes;

3-12      (b) Issue certificates of registration to applicants who satisfy the

3-13  requirements of this chapter; and

3-14      (c) Accept applications for the transfer of registration pursuant

3-15  to NRS 482.399 if the applicant purchased from the new vehicle

3-16  dealer a new vehicle to which the registration is to be transferred.

3-17      2.  A new vehicle dealer who is authorized to issue certificates

3-18  of registration pursuant to subsection 1 shall:

3-19      (a) Transmit the applications he receives to the Department

3-20  within the period prescribed by the Department;

3-21      (b) Transmit the fees he collects from the applicants and

3-22  properly account for them within the period prescribed by the

3-23  Department;

3-24      (c) Comply with the regulations adopted pursuant to subsection

3-25  4; and

3-26      (d) Bear any cost of equipment which is necessary to issue

3-27  certificates of registration, including any computer hardware or

3-28  software.

3-29      3.  A new vehicle dealer who is authorized to issue certificates

3-30  of registration pursuant to subsection 1 shall not:

3-31      (a) Charge any additional fee for the performance of those

3-32  services;

3-33      (b) Receive compensation from the Department for the

3-34  performance of those services;

3-35      (c) Accept applications for the renewal of registration of a motor

3-36  vehicle; or

3-37      (d) Accept an application for the registration of a motor vehicle

3-38  if the applicant wishes to:

3-39          (1) Obtain special license plates pursuant to NRS 482.3667

3-40  to 482.3825, inclusive[;] , and section 1 of this act; or

3-41          (2) Claim the exemption from the governmental services tax

3-42  provided pursuant to NRS 361.1565 to veterans and their relations.

3-43      4.  The Director shall adopt such regulations as are necessary to

3-44  carry out the provisions of this section. The regulations adopted

3-45  pursuant to this subsection must provide for:

4-1  (a) The expedient and secure issuance of license plates and

4-2  decals by the Department; and

4-3  (b) The withdrawal of the authority granted to a new vehicle

4-4  dealer pursuant to subsection 1 if that dealer fails to comply with the

4-5  regulations adopted by the Department.

4-6  Sec. 3.  NRS 482.500 is hereby amended to read as follows:

4-7  482.500  1.  Except as otherwise provided in subsection 2 or 3,

4-8  whenever upon application any duplicate or substitute certificate of

4-9  registration, decal or number plate is issued, the following fees must

4-10  be paid:

 

4-11  For a certificate of registration....... $5.00

4-12  For every substitute number plate or set of plates   5.00

4-13  For every duplicate number plate or set of plates    10.00

4-14  For every decal displaying a county name  .50

4-15  For every other decal, license plate sticker or tab    5.00

 

4-16      2.  The following fees must be paid for any replacement plate or

4-17  set of plates issued for the following special license plates:

4-18      (a) For any special plate issued pursuant to NRS 482.3667,

4-19  482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to

4-20  482.3816, inclusive, and section 1 of this act, a fee of $10.

4-21      (b) For any special plate issued pursuant to NRS 482.368,

4-22  482.3765, 482.377 or 482.378, a fee of $5.

4-23      (c) Except as otherwise provided in NRS 482.37937 and

4-24  482.37945, for any souvenir license plate issued pursuant to NRS

4-25  482.3825 or sample license plate issued pursuant to NRS 482.2703,

4-26  a fee equal to that established by the Director for the issuance of

4-27  those plates.

4-28      3.  A fee must not be charged for a duplicate or substitute of a

4-29  decal issued pursuant to NRS 482.37635.

4-30      4.  The fees which are paid for duplicate number plates and

4-31  decals displaying county names must be deposited with the State

4-32  Treasurer for credit to the Motor Vehicle Fund and allocated to the

4-33  Department to defray the costs of duplicating the plates and

4-34  manufacturing the decals.

4-35      5.  As used in this section:

4-36      (a) “Duplicate number plate” means a license plate or a set of

4-37  license plates issued to a registered owner which repeat the code of

4-38  a plate or set of plates previously issued to the owner to maintain his

4-39  registration using the same code.

4-40      (b) “Substitute number plate” means a license plate or a set of

4-41  license plates issued in place of a previously issued and unexpired

4-42  plate or set of plates. The plate or set of plates does not repeat the

4-43  code of the previously issued plate or set.

5-1  Sec. 4.  On or before October 1, 2005, the Department of

5-2  Motor Vehicles shall determine and publicly declare the number of

5-3  applications it has received for the issuance of license plates

5-4  pursuant to section 1 of this act.

5-5  Sec. 5.  The amendatory provisions of this act expire by

5-6  limitation on October 1, 2005, if on that date the Department of

5-7  Motor Vehicles has received fewer than 1,000 applications for the

5-8  issuance of license plates pursuant to section 1 of this act.

 

5-9  H