AB 484 — Revises provisions governing special license plates which benefit charitable organizations. (BDR 43-395)

If, during a registration period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicleveh(a) Retain the plates and affix them to whichanother vehicle that meets the platesrequirements areof affixed,this section if the holder shall:pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399;

(a)or Retain(b) theWithin plates30 anddays affixafter themremoving to another vehicle that meets the requirementsplates offrom this section if the holdervehicle, paysreturn thethem feeto for the transferDepartment. of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399;

or return them to the Department.moving the plates from the vehicle, Sec.

NRS 482.367004 is hereby amended to read as fol482.367004follows: 1.

482.367004 1.

The alternate must be another Legislator who also served on the Assembly Standing Committee on Transportation during the most recent (2) One of whom is the Legislator who served as the Chair of the Senate Standing Committee on Transportation during the most recent legislative session.

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

The alternate must be another Legislator who also served on the Senate Standing - *AB484* – 6 – Committee on Transportation during the most recent legislative session.

- 80th Session (2019) – 6 – (3) The Director of the Department of Tourism and Cultural Affairs, or a designee of the Director.

4.provide administrative support to the Commission.eau shall 5.

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

5.

(b) The issuance by the Department of special license plates that have been designed and prepared pursuant to NRS 482.367002;

and that (c) Except as otherwise provided in subsection 7, applications for the design, preparation and issuance of special license plates that have been authorized by an act of the Legislature after January 1, that 2007.

For the purpose of making recommendations to the Department, the Commission shall consider each application in the chronological order in which the application waswas6.eceOn receivedor bybefore September 1 of each fiscal year, the Department.Commission shall compile a list of each special license plate for which the Commission, during the immediately preceding fiscal year, recommended to the Department that the Department approve the application for the special license plate or approve the issuance of the special license plate.

6.The list so compiled must set forth, for each such plate, the cause or charitable organization for which the special license plate generates or would generate financial support, and the intended use to which the financial support is being put or would be put.

On or before September 1 of each fiscal year, the Commission shall compile a list of each special license plate for which the Commission, during the immediately preceding fiscal year, recommended to the Department that the Department approve the application for the special license plate or approve the issuance of the special license plate.

The list so compiled must set forth, for each such plate, the cause or charitable organization for which the special license plate generates or would generate financial support, - *AB484* – 7 – and the intended use to which the financial support is being put or would be put.

- 80th Session (2019) – 7 – 7.

(a) Recommend to the Department that the Department approve or disapprove any proposed change in the distribution of money received in the form of additional fees [.] , including, without limitation, pursuant to subparagraph (3) of paragraph (b) of subsection“additional 5fees” means the fees that are charged in connection with the issuance or renewal of NRSa 482.38279.special license plate for the benefit of a particular cause, fund or charitable organization.

As used in this paragraph, “additional fees” means the fees that are charged in connection with the issuance or renewal of a special license plate for the benefit of a particular cause, fund or charitable organization.

follows:3.Sec.

NRS3. 482.367006 is hereby amended to read as 482.367006 1.

TheNRS fee482.367006 foris specialhereby licenseamended plates designed, to allread otheras applicablefollows: registration and license fees and governmental services taxes.

482.367006 1.

The fee for special license plates designed, prepared and issued pursuant to NRS 482.367002 is $35, in addition to all other applicable registration and license fees and governmental services taxes.

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 NRS 482.367002 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.

- *AB484* – 8 – [The] Except as otherwise provided in subsections 4 and 5 of NRS 482.38279, the state agency designated by the Department to - 80th Session (2019) – 8 – 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 [.] or to another charitable organization to which the fees are distributed pursuant to subparagraph (3) of paragraph (b) of subsection 5 of NRS 482.38279.

The interest and income earned on money in such an account, after deductingdedSec. any applicable charges, must be credited to the account.

Sec.4.anyNRS 482.3824 is hereby amended to read as follows:nt.

4.

NRS 482.3824 is hereby amended to read as follows:

and (2) Issue such souvenir license plates, for a fee established pursuant to NRS 482.3825, only to the charitable organization thatdthat is benefited by the particular special license plate.

The charitable determinedorganization bymay theresell charitablesuch organization.nsesouvenir license plates at a price (b)determined The Department may, except as otherwise provided in this paragraph and after the particular special license plate is approved for issuance, issue the special license plate for a trailer, motorcycle or other type of vehicle that is not a passenger car or light commercial vehicle, excluding vehicles required to be registered with the Department pursuant to NRS 706.801 to 706.861, inclusive, full trailers or semitrailers registered pursuant to subsection 3 of NRS 482.483 and mopeds registered pursuant to NRS 482.2155, upon application by a person who is entitled to license plates pursuant to NRS 482.265 or 482.272 and who otherwise complies with the requirementscharitable fororganization. registration and licensing pursuant to this chapter or chapter 486 of NRS.

(b) The Department may, except as otherwise provided in this paragraph and after the particular special license plate is approved for issuance, issue the special license plate for a trailer, motorcycle commercial vehicle, excluding vehicles required to be registered with the Department pursuant to NRS 706.801 to 706.861, inclusive, full trailers or semitrailers registered pursuant to subsection 3 of NRS 482.483 and mopeds registered pursuant to NRS 482.2155, upon application by a person who is entitled to license plates pursuant to NRS 482.265 or 482.272 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter or chapter 486 of NRS.

In addition, if the Department incurs additional costs to manufacture a special license plate for such other types of vehicles, - *AB484*80th Session (2019) – 9 – including, without limitation, costs associated with the purchase, manufacture or modification of dies or other equipment necessary to manufacture the special license plate for such other types of vehicles, those additional costs must be paid from private sources without any expense to the State of Nevada.

If, as authorized pursuant to paragraph (b) of subsection 1, the Department issues a special license plate for a trailer, motorcycle or other type of vehicle that is not a passenger car or light commercial vehicle, the Department shall charge and collect for the issuance and renewal of such a plate the same fees that the Department would charge and collect if the other type of vehicle was a passenger car or light commercial vehicle.

and (2) A charitable organization to which additional fees for special license plates are distributed pursuant to subparagraph (3) of Sec.paragraph (b) of subsection 5 of NRS 482.38279.

5.phSec. NRS 482.38275 is hereby amended to read as follows:

482.382755. “Intended recipient” means the particular cause, fund or charitable organization for the benefit of which additional fees are imposed.

NRS 482.38275 is hereby amended to read as follows:

482.38275 “Intended recipient” means the particular cause, fees are imposed.

additional 1.

or - 80th Session (2019) – 10 – (b) To which the additional fees for special license plates are distributed pursuant to subparagraph (3) of paragraph (b) of subsection 5 of NRS 482.38279.

- *AB484* – 10 – Sec.

Upon receiving notification by the Department pursuant to subsection 5 of NRS 482.367002 that a special license plate that is intended to generate financial support for an organization will be issued by the Department, or upon a determination pursuant to subparagraph (3) of paragraph (b) of subsection 5 of NRS 482.38279 to distribute additional fees from a special license plate to the charitable organization, a charitable organization, not including a governmental entity whose budget is in the executive budget, that is to receive additional fees shall, if the charitable organization wishes to award grants with any of the money received in the form of additional fees, submit to the Commission on Special License Plates in writing the methods and procedures to be used by the charitable organization in awarding such grants, including, without limitation:

shall2. review the procedures to determine if the methods andssion procedures are adequate to ensure that all money received in the intended recipient.

Upon receipt of the information required, the Commission shall review the procedures to determine if the methods and procedures are adequate to ensure that all money received in the intended recipient.

- 80th Session (2019) – 11 – 3.

- *AB484* – 11 – Sec.

If the Commission on Special License Plates determines that a charitable organization has failed to comply with one or more of the provisions of NRS 482.38277 or if, in a report provided to the Commission by the Legislative Auditor pursuant to NRS 482.38278 or 482.382785, the Legislative Auditor determines that a charitable organization has committed improper practices of financial administration, has filed with the Commission or the Department forms or records that are inadequate or inaccurate, or has failed to use adequate methods and procedures to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient, the Commission shall notify the charitable organization of that determination.

(b)(a) WithinImmediately 30 days after the expirationhearing, ofif thea 20-dayhearing periodd;was requested;

or within(b) whichWithin a30 hearingdays mayafter be requested, if a hearing was not req4.steIf the Commissionexpiration decides to uphold its own determination that a charitable organization has failed to comply with one or more of the provisions20-day ofperiod NRSrequested.ch 482.38277a orhearing decidesmay tobe upholdrequested, theif determinationa ofhearing thewas Legislativenot Auditor4. that the organization has committed improper practices of financial administration, has filed with the Commission or the Department forms or records that are inadequate or inaccurate, or has failed to use adequate methods and procedures to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient, the Commission shall issue its decision in writing and may recommend that the Department:

(a)If Terminatethe productionCommission anddecides distributionto uphold its own determination that a charitable organization has failed to comply with one or more of the particularprovisions designof NRS 482.38277 or decides to uphold the determination of the specialLegislative licenseAuditor platethat andthe collectionorganization has committed improper practices of allfinancial additionaladministration, feeshas collectedfiled onwith behalfthe ofCommission or the charitableDepartment organization,forms andor allowrecords anythat holderare ofinadequate theor specialinaccurate, licenseor platehas failed to continueuse adequate methods and procedures to renewensure thethat plateall withoutmoney payingreceived in the form of additional fee;fees is expended solely for the benefit of the intended recipient, the Commission shall issue its decision in writing and may recommend that the Department:

- 80th Session (2019) – 12 – (a) Terminate production and distribution of the particular design of the special license plate and collection of all additional fees collected on behalf of the charitable organization, and allow any holder of the special license plate to continue to renew the plate without paying the additional fee;

and - *AB484* – 12 – (b) Suspend] production and distribution of the particular design of special license plates [from which the charitable organization receives] and collection of all additional fees [,] collected on behalf of the charitable organization, if thethees [,] Department is still producing that design [.] and allow any holder of the special license plate to renew the plate without paying the additional fee;

If the Department, in consultation with the Commission, determines that the cha(a) Completed the corrective actions, the Department, in consultation with the Commission, may terminate the suspension and forward to the charitable organization:organization any additional fees collected on behalf of the charitable organization during the suspension.

consultation with the Commission, may terminate the suspension and forward to the charitable organization any additional fees suspension.n behalf of the charitable organization during the (b) Has not completed the corrective actions, the Department, in consultation with the Commission, may:

(2) Terminate production and distribution of the special license plate and collection of all additional fees on behalf of the charitable organization, allow any holders of the special license plate to renew the plate without paying the additional fee and - 80th Session (2019) – 13 – distribute all fees collected during the suspension in a manner determined by the Department, in consultation with the Commission;

- *AB484* – 13 – (II) Meets all applicable requirements of subsection 1 of NRS 482.367002 for a charitable organization seeking to receive financial support from a special license plate;

If, in accordance with subsection 4 or paragraph (b) of subsection 5, the Commission recommends that the Department take adverse action against a charitable organization, the Commission shall notify the charitable organization, in writing, of that fact within 30 days after making the recommendation [.] and include a description of any necessary corrective action that must be taken by the charitable organization, if applicable.

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