Senate Bill No. 99–Senator Rawson

 

February 12, 2003

____________

 

Referred to Committee on Transportation

 

SUMMARY—Revises provisions governing special license plates. (BDR 43‑923)

 

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 aviation; imposing a fee for the issuance and renewal of such license plates; imposing an additional fee for the issuance and renewal of such license plates and requiring the deposit of such additional fees in the Fund for Aviation in the State Treasury; imposing an additional fee for the issuance and renewal of special license plates to encourage the donation of human organs and requiring the deposit of such additional fees in the Anatomical Gift Account in the State General Fund; 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 shall design, prepare and issue license plates for

1-5  the support of aviation, using any colors and designs that the

1-6  Department deems appropriate. The Department shall not design,

1-7  prepare or issue the license plates unless it receives at least 1,000

1-8  applications for the issuance of those plates.

1-9  2.  If the Department receives at least 1,000 applications for

1-10  the issuance of license plates for the support of aviation, the

2-1  Department shall issue those plates for a passenger car or light

2-2  commercial vehicle upon application by a person who is entitled to

2-3  license plates pursuant to NRS 482.265 and who otherwise

2-4  complies with the requirements for registration and licensing

2-5  pursuant to this chapter. A person may request that personalized

2-6  prestige license plates issued pursuant to NRS 482.3667 be

2-7  combined with license plates for the support of aviation if that

2-8  person pays the fees for the personalized prestige license plates in

2-9  addition to the fees for the license plates for the support of

2-10  aviation pursuant to subsections 3 and 4.

2-11      3.  The fee for license plates for the support of aviation is $35,

2-12  in addition to all other applicable registration and license fees and

2-13  governmental services taxes. The license plates are renewable

2-14  upon the payment of $10.

2-15      4.  In addition to all other applicable registration and license

2-16  fees and governmental services taxes and the fee prescribed in

2-17  subsection 3, a person who requests a set of license plates for the

2-18  support of aviation must pay for the initial issuance of the plates

2-19  an additional fee of $25 and for each renewal of the plates an

2-20  additional fee of $20, to be deposited pursuant to subsection 5.

2-21      5.  The Department shall deposit the fees collected pursuant to

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

2-23  Aviation created in the State Treasury by NRS 494.048.

2-24      6.  If, during a registration year, the holder of license plates

2-25  issued pursuant to the provisions of this section disposes of the

2-26  vehicle to which the plates are affixed, the holder shall:

2-27      (a) Retain the plates and affix them to another vehicle that

2-28  meets the requirements of this section if the holder pays the fee for

2-29  the transfer of the registration and any registration fee or

2-30  governmental services tax due pursuant to NRS 482.399; or

2-31      (b) Within 30 days after removing the plates from the vehicle,

2-32  return them to the Department.

2-33      Sec. 2.  NRS 482.216 is hereby amended to read as follows:

2-34      482.216  1.  Upon the request of a new vehicle dealer, the

2-35  Department may authorize the new vehicle dealer to:

2-36      (a) Accept applications for the registration of the new motor

2-37  vehicles he sells and the related fees and taxes;

2-38      (b) Issue certificates of registration to applicants who satisfy the

2-39  requirements of this chapter; and

2-40      (c) Accept applications for the transfer of registration pursuant

2-41  to NRS 482.399 if the applicant purchased from the new vehicle

2-42  dealer a new vehicle to which the registration is to be transferred.

2-43      2.  A new vehicle dealer who is authorized to issue certificates

2-44  of registration pursuant to subsection 1 shall:

3-1  (a) Transmit the applications he receives to the Department

3-2  within the period prescribed by the Department;

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

3-4  properly account for them within the period prescribed by the

3-5  Department;

3-6  (c) Comply with the regulations adopted pursuant to

3-7  subsection 4; and

3-8  (d) Bear any cost of equipment which is necessary to issue

3-9  certificates of registration, including any computer hardware or

3-10  software.

3-11      3.  A new vehicle dealer who is authorized to issue certificates

3-12  of registration pursuant to subsection 1 shall not:

3-13      (a) Charge any additional fee for the performance of those

3-14  services;

3-15      (b) Receive compensation from the Department for the

3-16  performance of those services;

3-17      (c) Accept applications for the renewal of registration of a motor

3-18  vehicle; or

3-19      (d) Accept an application for the registration of a motor vehicle

3-20  if the applicant wishes to:

3-21          (1) Obtain special license plates pursuant to NRS 482.3667

3-22  to 482.3825, inclusive[;] , and section 1 of this act; or

3-23          (2) Claim the exemption from the governmental services tax

3-24  provided pursuant to NRS 361.1565 to veterans and their relations.

3-25      4.  The Director shall adopt such regulations as are necessary to

3-26  carry out the provisions of this section. The regulations adopted

3-27  pursuant to this subsection must provide for:

3-28      (a) The expedient and secure issuance of license plates and

3-29  decals by the Department; and

3-30      (b) The withdrawal of the authority granted to a new vehicle

3-31  dealer pursuant to subsection 1 if that dealer fails to comply with the

3-32  regulations adopted by the Department.

3-33      Sec. 3.  NRS 482.37905 is hereby amended to read as follows:

3-34      482.37905  1.  Except as otherwise provided in this

3-35  subsection, the Department, in cooperation with the organizations in

3-36  this state which assist in the donation and procurement of human

3-37  organs, shall design, prepare and issue license plates that encourage

3-38  the donation of human organs , using any colors and designs that the

3-39  Department deems appropriate. The Department shall not design,

3-40  prepare or issue the license plates unless it receives at least 250

3-41  applications for the issuance of those plates.

3-42      2.  The Department may issue license plates that encourage the

3-43  donation of human organs for any passenger car or light commercial

3-44  vehicle upon application by a person who is entitled to license plates

3-45  pursuant to NRS 482.265 and who otherwise complies with the

4-1  requirements for registration and licensing pursuant to this chapter.

4-2  A person may request that personalized prestige license plates

4-3  issued pursuant to NRS 482.3667 be combined with license plates

4-4  that encourage the donation of human organs if that person pays the

4-5  fees for the personalized prestige license plates in addition to the

4-6  fees for the license plates which encourage the donation of human

4-7  organs pursuant to [subsection 3.] subsections 3 and 4.

4-8  3.  The fee for license plates to encourage the donation of

4-9  human organs is $35, in addition to all other applicable registration

4-10  and license fees and governmental services taxes. The license plates

4-11  are renewable upon the payment of $10.

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

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

4-14  subsection 3, a person who requests a set of license plates to

4-15  encourage the donation of human organs must pay for the initial

4-16  issuance of the plates an additional fee of $25 and for each

4-17  renewal of the plates an additional fee of $20.

4-18      5.  The Department shall deposit the fees collected pursuant to

4-19  subsection 4 with the State Treasurer for credit to the Anatomical

4-20  Gift Account created in the State General Fund by NRS 460.150.

4-21      6.  If, during a registration year, the holder of license plates

4-22  issued pursuant to the provisions of this section disposes of the

4-23  vehicle to which the plates are affixed, he may retain the plates and:

4-24      (a) Affix them to another vehicle that meets the requirements of

4-25  this section if the transfer and registration fees are paid as set forth

4-26  in this chapter; or

4-27      (b) Within 30 days after removing the plates from the vehicle,

4-28  return them to the Department.

4-29      Sec. 4.  NRS 482.500 is hereby amended to read as follows:

4-30      482.500  1.  Except as otherwise provided in subsection 2 or 3,

4-31  whenever upon application any duplicate or substitute certificate of

4-32  registration, decal or number plate is issued, the following fees must

4-33  be paid:

 

4-34  For a certificate of registration....... $5.00

4-35  For every substitute number plate or set of plates   5.00

4-36  For every duplicate number plate or set of plates    10.00

4-37  For every decal displaying a county name  .50

4-38  For every other decal, license plate sticker or tab    5.00

 

4-39      2.  The following fees must be paid for any replacement plate or

4-40  set of plates issued for the following special license plates:

4-41      (a) For any special plate issued pursuant to NRS 482.3667,

4-42  482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to

4-43  482.3816, inclusive, and section 1 of this act, a fee of $10.

5-1  (b) For any special plate issued pursuant to NRS 482.368,

5-2  482.3765, 482.377 or 482.378, a fee of $5.

5-3  (c) Except as otherwise provided in NRS 482.37937 and

5-4  482.37945, for any souvenir license plate issued pursuant to NRS

5-5  482.3825 or sample license plate issued pursuant to NRS 482.2703,

5-6  a fee equal to that established by the Director for the issuance of

5-7  those plates.

5-8  3.  A fee must not be charged for a duplicate or substitute of a

5-9  decal issued pursuant to NRS 482.37635.

5-10      4.  The fees which are paid for duplicate number plates and

5-11  decals displaying county names must be deposited with the State

5-12  Treasurer for credit to the Motor Vehicle Fund and allocated to the

5-13  Department to defray the costs of duplicating the plates and

5-14  manufacturing the decals.

5-15      5.  As used in this section:

5-16      (a) “Duplicate number plate” means a license plate or a set of

5-17  license plates issued to a registered owner which repeat the code of

5-18  a plate or set of plates previously issued to the owner to maintain his

5-19  registration using the same code.

5-20      (b) “Substitute number plate” means a license plate or a set of

5-21  license plates issued in place of a previously issued and unexpired

5-22  plate or set of plates. The plate or set of plates does not repeat the

5-23  code of the previously issued plate or set.

5-24      Sec. 5.  NRS 494.048 is hereby amended to read as follows:

5-25      494.048  1.  The Fund for Aviation is hereby created as a trust

5-26  fund in the State Treasury. The Director:

5-27      (a) Shall administer the Fund; and

5-28      (b) May apply for and accept any gift, bequest, grant,

5-29  appropriation or donation from any source for deposit in the Fund.

5-30      2.  Any money received by the Director pursuant to the

5-31  provisions of subsection 1 and any money received by the State

5-32  Treasurer pursuant to section 1 of this act must be deposited in the

5-33  Fund. The money in the Fund may be invested as the money in other

5-34  state funds is invested. After deducting any applicable charges, all

5-35  interest and income earned on the money in the Fund must be

5-36  credited to the Fund. The money in the Fund may be expended only

5-37  in accordance with the terms and conditions of any gift, bequest,

5-38  grant, appropriation or donation to the Fund or in the manner

5-39  provided in subsection 3. Not more than 1 percent of the money in

5-40  the Fund may be used to pay the costs of administering the Fund.

5-41      3.  Except as otherwise provided in this section, the Director

5-42  may:

5-43      (a) Expend money in the Fund to award grants to a county, city

5-44  or other local government in this state for obtaining matching

5-45  money for federal programs and any other programs relating to

6-1  airports or for the planning, establishment, development,

6-2  construction, enlargement, improvement or maintenance of any

6-3  airport, landing area or air navigation facility owned or controlled

6-4  by the county, city or other local government; and

6-5  (b) Adopt regulations to carry out the provisions of

6-6  paragraph (a).

6-7  4.  The Director shall:

6-8  (a) In adopting regulations pursuant to subsection 3, determine

6-9  the order of priority for the expenditures from the Fund by

6-10  considering, without limitation, the following factors:

6-11          (1) The purpose of the project;

6-12          (2) The costs and benefits of the project; and

6-13          (3) The effect of the project on the environment, safety,

6-14  security, infrastructure and capacity of the airport; and

6-15      (b) Before awarding a grant or adopting a regulation pursuant to

6-16  subsection 3, consult with the Nevada Aviation Technical Advisory

6-17  Committee and any person who represents an airport in this state

6-18  used by the general public.

6-19      5.  Any money received by a county, city or other local

6-20  government pursuant to the provisions of this section must be

6-21  accounted for separately by the county, city or other local

6-22  government and may be used only for the purpose for which the

6-23  money was received by the county, city or other local government.

6-24      6.  The provisions of this section do not apply to an airport,

6-25  landing area or air navigation facility that is owned or controlled by

6-26  the [Airport Authority of Washoe County] airport authority of a

6-27  county whose population is 100,000 or more but less than 400,000

6-28  or by a county whose population is 400,000 or more.

6-29      7.  As used in this section, “Director” means the Director of the

6-30  Department of Transportation.

6-31      Sec. 6.  On or before October 1, 2005, the Department of

6-32  Motor Vehicles shall determine and publicly declare the number of

6-33  applications it has received for the issuance of license plates

6-34  pursuant to section 1 of this act.

6-35      Sec. 7.  The amendatory provisions of sections 1, 2, 4 and 5 of

6-36  this act expire by limitation on October 1, 2005, if on that date the

6-37  Department of Motor Vehicles has received fewer than 1,000

6-38  applications for the issuance of license plates pursuant to section 1

6-39  of this act.

 

6-40  H