Nevada 2021 Regular Session Status: Enacted

AB 188 — Abolishes the Commission on Special License Plates. (BDR 43-476)

Last action — Chapter 88.

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    Introduced
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    In Committee
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    Passed Assembly
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    Passed Senate
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    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 04, 2021. Enacted.

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Advancing 50% · moderate confidence

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  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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Bill Text

What changed in the latest version

1004 added · 1155 removed

Plain-language change summary

The recent amendments to Assembly Bill No. 188 involve abolishing the Commission on Special License Plates and transferring its responsibilities to the Department of Motor Vehicles (DMV). This change means that the DMV will now oversee the approval process for special license plates, including holding public meetings and notifying the public about these meetings. This is important because it aims to streamline the process, increase transparency, and ensure that the public has a say in the design and issuance of special license plates.

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(Reprinted with amendments adopted on April 14, 2021) FIRST REPRINT A.B.
Assembly Bill No.
188 A SSEMBLY B ILLN O.
188–Committee on Growth and Infrastructure CHAPTER..........
188–COMMITTEE ON GROWTH AND INFRASTRUCTURE (ON BEHALF OF THE C OMMISSION ON SPECIAL L ICENSE PLATES ) M ARCH 4, 2021 ____________ Referred to Committee on Growth and Infrastructure SUMMARY—Abolishes the Commission on Special License Plates.
(BDR 43-476) FISCAL NOTE:
EfEffect on the State:
Yes.
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Legislative Counsel’s Digest:
LegiExisting law creates the Commission on Special License Plates and requires the Commission to recommend to the Department of Motor Vehicles whether to approve or disapprove:
Commission to recommend to the Department of Motor Vehicles whether toequires the approve or disapprove:
and (3) applications for the design, preparation and issuance of special license plates that have been - *AB188_R1* – 2 – existing law requires the Commission to consider whether it would be appropriate and feasible for the Department to design, prepare or issue the particular special license plate.
and (3) applications for the design, preparation and issuance of special license plates that have been authorized by an act of the Legislature.
When making such recommendations, and feasible for the Department to design, prepare or issue the particular special license plate.
Sections 1-16 of this bill transfer the duties and autSection 1 of this bill requires the Department to hold a public meeting before determining whether to approve or disapprove:
Sections 1-16 of this bill transfer the duties and authSection 1 of this bill requires the Department to hold a public meeting before determining whether to approve or disapprove:
When making such determinations, section 1 requires the Department to consider whether it would be appropriate and feasible for the Department to design, prepare and issue the particular license plate.
When making such determinations, section 1 requires the Department to consider whether it would be appropriate and feasible for the requires the Department to comply with certain notice requirements before holding such a public meeting.
Section 1 requires the Department to comply with certain notice requirements before holding such a public meeting.
Section 1 authorizes the Department to design and prepare a special license plate if the Department:
Section 1 authorizes the Department to design and prepare a with certain requirements;
(1) determines that the application complies with certain requirements;
and (2) approves the application for the special licensees plate after holding the public meeting.
and (2) approves the application for the special license plate after holding the public meeting.
and (2) complies with the requirements for the issuance of license plates in general.
- 81st Session (2021) – 2 – and (2) complies with the requirements for the issuance of license plates in general.
and (2) compile and submit a report that contains certain information relating to special reports to the Director of the Legislative Counsel Bureau for transmittal to the Legislature if the Legislature is in sesExisting law establishes the procedure regarding certain determinations that the Commission is required to make relating to charitable organizations that receive additional fees from special license plates.
and (2) compile and submit a report that contains certain information relating to special reports to the Director of the Legislative Counsel Bureau for transmittal to the Legislature if the Legislature is in session, or to the Legislative Commission, if the Legislature is not in session.
Commission is required to make relating to charitable organizations that receive the additional fees from special license plates.
If the Commission decides to uphold its own determination that a charitable organization has failed to comply with the provisions or standards, the Commission is required to issue its decision in writing collection of additional fees or production of the particular design of special license plate.
If the Commission decides to uphold its provisions or standards, the Commission is required to issue its decision in writing and may recommend that the Department take certain actions regarding the collection of additional fees or production of the particular design of special license plate.
- *AB188_R1* – 3 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
(b) For an organization which is a governmental entity, the organization only uses the financial support generated by the special license plate for charitable purposes relating to public health, education or general welfare;
(b) For an organization which is a governmental entity, the organization only uses the financial support generated by the special - 81st Session (2021) – 3 – license plate for charitable purposes relating to public health, education or general welfare;
(c) The organization is registered with the Secretary of State, if registration is required by law, and has filed any documents required to remain registered with the Secretary of State;
(c) The organization is registered with the Secretary of State, if registration is required by law, and has filed any documents required to (d) The name and purpose of the organization do not promote, advertise or endorse any specific product, brand name or service that is offered for profit;
(d) The name and purpose of the organization do not promote, advertise or endorse any specific product, brand name or service that is offered for profit;
requested is intended to generate financial support for a particular cause or charitable organization and, if so:
(b) Must specify whether the special license plate being requested is intended to generate financial support for a particular cause or charitable organization and, if so:
(1) The organization which is requesting that the Department design, prepare and issue the special license plate;
design, prepare and issue the special license plate;
and - *AB188_R1* – 4 – (2) If different from the organization described in subparagraph (1), the cause or charitable organization for which the special license plate being requested is intended to generate financial support;
and Department (2) If different from the organization described in subparagraph (1), the cause or charitable organization for which the special license plate being requested is intended to generate financial support;
(f) Must, if the organization is a charitable organization, not including a governmental entity whose budget is included in the executive budget, include a budget prepared by or for the charitable organization which includes, without limitation, the proposed operating and administrative expenses of the charitable organization;
(f) Must, if the organization is a charitable organization, not including a governmental entity whose budget is included in the - 81st Session (2021) – 4 – executive budget, include a budget prepared by or for the charitable organization which includes, without limitation, the proposed operating and administrative expenses of the charitable organization;
and (g) May be accompanied by suggestions for the design of and colors to be used in the special license plate.
and colors to be used in the special license plate.e design of and 3.
3.
The updated information described in this subsection must be submitted to the Department within 90 days after the relevant change takes place, unless the applicant has received notice that the special license plate is on an agenda to be heard at a public meeting of the [Commission on Special License Plates,] Department held pursuant to subsection 4, in which case the updated information must be submitted to the Department within 48 hours after the applicant receives such notice.
The updated information described in this subsection must be submitted to the Department within 90 days after the relevant change takes place, unless the applicant has received notice that the special license plate is on an agenda to be heard at a public meeting pursuant to subsection 4, in which case the updated information must be submitted to the Department within 48 hours after the applicant receives such notice.
The updating of information pursuant - *AB188_R1* – 5 – to this subsection does not alter, change or otherwise affect the issuance of special license plates by the Department in accordance with the chronological order of their authorization or approval, as described in subsection 2 of NRS 482.367008.
The updating of information pursuant to this subsection does not alter, change or otherwise affect the issuance of special license plates by the Department in accordance with the chronological order of their authorization or approval, as described in subsection 2 of NRS 482.367008.
and (b) Except as otherwise provided in subsection 6, an application for the design, preparation and issuance of a special license plate that has been authorized by an act of the Legislature after January 1, 2007.
and (b) Except as otherwise provided in subsection 6, an application for the design, preparation and issuance of a special - 81st Session (2021) – 5 – license plate that has been authorized by an act of the Legislature after January 1, 2007.
In determining whether to approve such an application, the Department shall consider, without limitation, whether it would be appropriate and feasible for the Department to design, prepare and issue the particular special license plate.
In determining whether to approve such an application, the Department shall consider, without limitation, whether it would be and issue the particular special license plate.
and (b) [The Commission on Special License Plates recommends to the Department that the Department approve] Approves the application for that plate [pursuant to subsection 5 of NRS 482.367004.
and the Department that the Department approve] Approves thends to application for that plate [pursuant to subsection 5 of NRS 482.367004.
- *AB188_R1* – 6 – 8.
8.
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and (b) Complies with the requirements of subsection 6 of 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.
and (b) Complies with the requirements of subsection 6 of 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 - 81st Session (2021) – 6 – 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.
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 the9.eesUpon making a determination to issue a special license plate pursuant to [this section,] subsection 8, the Department shall notify:
9.
Upon making a determination to issue a special license plate pursuant to [this section,] subsection 8, the Department shall notify:
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.
A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with a special license plate issued prestige license plates in addition to the fees for the special license plate.
- *AB188_R1* – 7 – (b) If the Department distributes the additional fees collected on behalf of a charitable organization to another charitable organization pursuant to subparagraph (3) of paragraph (b) of subsection 5 of NRS 482.38279 and the surety bond has not been released to the initial charitable organization;
(b) If the Department distributes the additional fees collected on behalf of a charitable organization to another charitable organization pursuant to subparagraph (3) of paragraph (b) of subsection 5 of NRS 482.38279 and the surety bond has not been released to the initial charitable organization;
or (c) If it is determined that at least 1,000 special license plates have been issued pursuant to the assessment of the viability of the design of the special license plate conducted pursuant to NRS 482.367008, except that if the special license plate is one of the type described in subsection 3 of NRS 482.367008, the Department must promptly release the surety bond posted pursuant to subsection 2 if it is determined that at least 3,000 special license plates have been issued pursuant to the assessment of the viability of the design of the special license plate conducted pursuant to NRS 482.367008.
or (c) If it is determined that at least 1,000 special license plates have been issued pursuant to the assessment of the viability of the design of the special license plate conducted pursuant to NRS 482.367008, except that if the special license plate is one of the type - 81st Session (2021) – 7 – promptly release the surety bond posted pursuant to subsection 2 if it is determined that at least 3,000 special license plates have been issued pursuant to the assessment of the viability of the design of the special license plate conducted pursuant to NRS 482.367008.
On or before September 1 of each fiscal year, the Department shall compile a list of each special license plate the Department, during the immediately preceding fiscal year, has designed and prepared pursuant to subsection 7 or has issued pursuant to subsection 8.
On or before September 1 of each fiscal year, the Department shall compile a list of each special license plate the Department, during the immediately preceding fiscal year, has pursuant to subsection 8.
(4) The results of any activities conducted pursuant to NRS 482.38272 to 482.38279, inclusive;
(4) The results of any activities conducted pursuant to NRS 482.382(5) Any actions taken by the Department pursuant to subsections 4 and 5 of NRS 482.38279;
and (5) Any actions taken by the Department pursuant to subsections 4 and 5 of NRS 482.38279;
and (b) Submit the report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature, if the Legislature is in session, or to the Legislative Commission, if the Legislature is not in session.
and - *AB188_R1* – 8 – (b) Submit the report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature, if the Legislature is in session, or to the Legislative Commission, if the Legislature is not in session.
- 81st Session (2021) – 8 – Sec.
Sec.
(a) A license plate that the Department has designed and prepared pursuant to NRS 482.367002 in accordance with the system of application described in that section;
prepared pursuant to NRS 482.367002 in accordance with thed system of application described in that section;
Whenever the total number of separate designs of special license plates issued by the Department at any one time is less than 30, the Department shall issue a number of additional designs of special license plates that have been authorized by an act of the Legislature or the application for which has been [recommended by the Commission on Special License Plates to be] approved by the Department pursuant to [subsection 5 of] NRS [482.367004,] 482.367002, not to exceed a total of 30 designs issued by the Department at any one time.
Whenever the total number of separate designs of special license plates issued by the Department at any one time is less than 30, the Department shall issue a number of additional designs of special license plates that have been authorized by an act of the Legislature or the application for which has been [recommended by the Commission on Special License Plates to be] [482.367004,] 482.367002, not to exceed a total of 30 designs issued by the Department at any one time.
(a) The [Commission on Special License Plates must have recommended to the] Department [that the Department] must approve the design, preparation and issuance of the special plates as - *AB188_R1* – 9 – described in [paragraphs (a) and (b) of subsection 5 of] NRS [482.367004;] 482.367002;
(a) The [Commission on Special License Plates must have recommended to the] Department [that the Department] must approve the design, preparation and issuance of the special plates as described in [paragraphs (a) and (b) of subsection 5 of] NRS [482.367004;] 482.367002;
and (b) The special license plates must have been applied for, designed, prepared and issued pursuant to NRS 482.367002, except that:
and - 81st Session (2021) – 9 – designed, prepared and issued pursuant to NRS 482.367002, except that:
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:
The Department shall not determine the total number of validly registered motor vehicles to which a particular des(a) The particular design of special license plate was designed and prepared by the Department pursuant to NRS 482.367002;
(a) The particular design of special license plate was designed and prepared by the Department pursuant to NRS 482.367002;
(a) If the special license plate generates financial support for a cause or charitable organization, to that cause or charitable organization.
cause or charitable organization, to that cause or charitablert for a organization.
If, on December 31 of the same year in which notice was provided pursuant to subsections 5 and 6, the total number of validly - *AB188_R1* – 10 – registered motor vehicles to which a particular design of special license plate is affixed is:
If, on December 31 of the same year in which notice was provided pursuant to subsections 5 and 6, the total number of validly - 81st Session (2021) – 10 – registered motor vehicles to which a particular design of special license plate is affixed is:
or (b) In the case of special license plates described in subsection 3, less than 3,000, 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.
or 3, less than 3,000,of special license plates described in subsection 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.
(c) In addition to the requirements set forth in paragraphs (a) and (b), if a new special license plate is authorized by an act of the Legislature after January 1, 2007, the Legislature will direct that the license plate not be designed, prepared or issued by the Department unless the [Commission on Special License Plates recommends to the Department that the] Department [approve] approves the application for the authorized plate pursuant to NRS [482.367004.] 482.367002.
(b), if a new special license plate is authorized by an act of the and Legislature after January 1, 2007, the Legislature will direct that the license plate not be designed, prepared or issued by the Department unless the [Commission on Special License Plates recommends to the Department that the] Department [approve] approves the application for the authorized plate pursuant to NRS [482.367004.] 482.367002.
Except as otherwise provided in subsection 2, the Department, in conjunction with the Ice Age Park Foundation or its successor, shall design, prepare and issue license plates which - *AB188_R1* – 11 – indicate support for Tule Springs State Park, using any colors that the Department deems appropriate.
Except as otherwise provided in subsection 2, the Department, in conjunction with the Ice Age Park Foundation or - 81st Session (2021) – 11 – indicate support for Tule Springs State Park, using any colors that the Department deems appropriate.
A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates which indicate support for Tule Springs State Park if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates which indicate support for Tule Springs State Park pursuant to subsections 4 and 5.
issued pursuant to NRS 482.3667 be combined with license plates which indicate support for Tule Springs State Park if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates which indicate support for Tule Springs State Park pursuant to subsections 4 and 5.
In addition to all other applicable registration and license fees and governmental services tax and the fee prescribed pursuant to subsection 4, a person who requests a set of license plates which indicate support for Tule Springs State Park 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 deposited in accordance with subsection 6.
In addition to all other applicable registration and license fees and governmental services tax and the fee prescribed pursuant to subsection 4, a person who requests a set of license plates which indicate support for Tule Springs State Park 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 deposited in accordance wit6.subExcept as otherwise provided in NRS 482.38279, the Department shall deposit the fees collected pursuant to subsection 5 with the State Treasurer for credit to the State General Fund.
6.
Except as otherwise provided in NRS 482.38279, the Department shall deposit the fees collected pursuant to subsection 5 with the State Treasurer for credit to the State General Fund.
(a) The Department [, based upon the recommendation of the Commission on Special License Plates,] determines not to issue the special license plate;
- 81st Session (2021) – 12 – (a) The Department [, based upon the recommendation of the Commission on Special License Plates,] determines not to issue the special license plate;
or - *AB188_R1* – 12 – (b) It is determined that at least 1,000 special license plates have been issued pursuant to the assessment of the viability of the design of the special license plate conducted pursuant to NRS 482.367008.
or (b) It is determined that at least 1,000 special license plates have of the special license plate conducted pursuant to NRS 482.367008.ign 8.
8.
(a) The [Commission on Special License Plates recommends to the] Department [that the Department approve] approves the design, preparation and issuance of those plates as described in NRS [482.367004;] 482.367002;
the] Department [that the Department approve] approves the design, preparation and issuance of those plates as described in NRS [482.367004;] 482.367002;
If the [Commission on Special License Plates recommends to the] Department [that the Department approve] approves the design, preparation and issuance of license plates for the support and enhancement of parks, recreation facilities and programs in the City of Reno pursuant to subsection 1, and the Department receives at least 1,000 applications for the issuance of the license plates, 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.
If the [Commission on Special License Plates recommends to the] Department [that the Department approve] approves the design, preparation and issuance of license plates for the support and enhancement of parks, recreation facilities and programs in the City of Reno pursuant to subsection 1, and the Department receives at least 1,000 applications for the issuance of the license plates, 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 - 81st Session (2021) – 13 – plates issued pursuant to NRS 482.3667 be combined with licensee plates for the support and enhancement of parks, recreation facilities and programs in the City of Reno if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support and enhancement of parks, recreation facilities and programs in the City of Reno pursuant to subsections 3 and 4.
A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support and enhancement of parks, recreation facilities and programs in the City of Reno if that person pays the fees for the personalized prestige license plates in addition to the fees for the - *AB188_R1* – 13 – license plates for the support and enhancement of parks, recreation facilities and programs in the City of Reno pursuant to subsections 3 and 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 and enhancement of parks, recreation facilities and programs in the City of Reno 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.
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 and enhancement of parks, recreation facilities and 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.
or (b) Within 30 days after removing the plates from the vehicle, return them to the Department.
or return them to the Department.moving the plates from the vehicle, Sec.
Sec.
2.
- 81st Session (2021) – 14 – plates described in subsection 1 unless:repare or issue the license (a) The [Commission on Special License Plates recommends to the] Department [that the Department approve] approves the design, preparation and issuance of those plates as described in NRS [482.367004;] 482.367002;
The Department shall not design, prepare or issue the license plates described in subsection 1 unless:
(a) The [Commission on Special License Plates recommends to the] Department [that the Department approve] approves the design, preparation and issuance of those plates as described in NRS [482.367004;] 482.367002;
- *AB188_R1* – 14 – 3.
3.
A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates which indicate support for the rights guaranteed by the Second Amendment to the United States Constitution if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates which indicate support for the rights guaranteed by the Second Amendment to the United States Constitution pursuant to subsections 4 and 5.
A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates which indicate United States Constitution if that person pays the fees for thee personalized prestige license plates in addition to the fees for the license plates which indicate support for the rights guaranteed by the Second Amendment to the United States Constitution pursuant to subsections 4 and 5.
In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed pursuant to subsection 4, a person who requests a set of license plates which indicate support for the rights guaranteed by the Second Amendment to the United States Constitution 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 deposited in accordance with subsection 6.
In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed pursuant to subsection 4, a person who requests a set of license plates which indicate support for the rights guaranteed by the Second Amendment to the United States Constitution must pay for renewal of the plates an additional fee of $20, to be deposited inr each accordance with subsection 6.
7.
- 81st Session (2021) – 15 – is required to be posted pursuant to paragraph (b) of subsection 2:
The Department must promptly release the surety bond that is required to be posted pursuant to paragraph (b) of subsection 2:
- *AB188_R1* – 15 – 8.
8.
(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;
(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 ser(b) Within 30 days after removing the plates from the vehicle, return them to the Department.
or (b) Within 30 days after removing the plates from the vehicle, return them to the Department.
and (b) A surety bond in the amount of $5,000 is posted with the Department.
and (b) A surety bond in the amount of $5,000 is posted with the Dep3.tmeIf the conditions set forth in subsection 2 are met, the Department shall issue license plates that indicate support for the Boy Scouts of America 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.
3.
A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates that indicate support for the Boy Scouts of America if that person - 81st Session (2021) – 16 – to the fees for the license plates that indicate support for the Boyon Scouts of America pursuant to subsections 4 and 5.
If the conditions set forth in subsection 2 are met, the Department shall issue license plates that indicate support for the Boy Scouts of America 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 that indicate support for the Boy Scouts of America if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates that indicate support for the Boy Scouts of America pursuant to subsections 4 and 5.
In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed pursuant to subsection 4, a person who requests a set of license - *AB188_R1* – 16 – plates that indicate support for the Boy Scouts of America must pay for the issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be deposited in accordance with subsection 6.
In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed pursuant to subsection 4, a person who requests a set of license plates that indicate support for the Boy Scouts of America must pay for the issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be deposited in accordance with subsection 6.
Except as otherwise provided in NRS 482.38279, the Department shall deposit the fees collected pursuant to subsection 5 with the State Treasurer for credit to the State General Fund.
Except as otherwise provided in NRS 482.38279, the Department shall deposit the fees collected pursuant to subsection 5 State Treasurer shall, on a quarterly basis, distribute the feeshe deposited pursuant to this subsection to the Las Vegas Area Council of the Boy Scouts of America.
The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection to the Las Vegas Area Council of the Boy Scouts of America.
or (b) If it is determined that at least 1,000 special license plates have been issued pursuant to the assessment of the viability of the design of the special license plate conducted pursuant to NRS 482.367008.
or (b) If it is determined that at least 1,000 special license plates design of the special license plate conducted pursuant toity of the NRS 482.367008.
(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;
(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 - 81st Session (2021) – 17 – transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399;
Sec.
follows:8.
8.
NRS 482.382765 is hereby amended to read as 482.382765 1.
NRS 482.382765 is hereby amended to read as follows:
Upon receiving notification by the Department pursuant to subsection [5] 9 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] Department in writing the methods and procedures to be used by the charitable organization in awarding such grants, including, without limitation:
482.382765 1.
Upon receiving notification by the Department pursuant to subsection [5] 9 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 - *AB188_R1* – 17 – 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] Department in writing the methods and procedures to be used by the charitable organization in awarding such grants, including, without limitation:
2.
Department shall review the procedures to determine if the methods and procedures are adequate to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient.
Upon receipt of the information required, the [Commission] Department shall review the procedures to determine if the methods and procedures are adequate to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient.
3.
- 81st Session (2021) – 18 – 3.
Sec.
9.
NRS 482.38277 is hereby amended to read as follows:
Except as otherwise provided in subsection 4, on or before September 1 of each fiscal year, each charitable organization, not including a governmental entity whose budget is included in the executive budget, that receives additional fees shall prepare a balance sheet for the immediately preceding fiscal year on a form provided by the [Commission on Special License Plates] Legislative Auditor and file the balance sheet, accompanied by a recent bank statement, with the [Commission.] Legislative Auditor.
Except as otherwise provided in subsection 4,ws:
The [Commission] Legislative Auditor shall prepare and make available, or cause to be prepared and made available, a form that - *AB188_R1* – 18 – must be used by a charitable organization to prepare such a balance sheet.
on or before September 1 of each fiscal year, each charitable organization, not including a governmental entity whose budget is included in the executive budget, that receives additional fees shall prepare a balance sheet for the immediately preceding fiscal year on a form provided by the [Commission on Special License Plates] Legislative Auditor and file the balance sheet, accompanied by a recent bank statement, with the [Commission.] Legislative Auditor.
The [Commission] Legislative Auditor shall prepare and make available, or cause to be prepared and made available, a form that must be used by a charitable organization to prepare such a balance sheet.
(d) A report on the budget of the charitable organization, including, without limitation:
including, without limitation:of the charitable organization, (1) A copy of the most recent annual budget of the charitable organization;
(1) A copy of the most recent annual budget of the charitable organization;
On or before July 1 of each fiscal year, each charitable organization, not including a governmental entity whose budget is included in the executive budget, that receives additional fees shall post on the Internet website of the charitable organization or, if no such Internet website exists, publish in a newspaper of general circulation in the county where the charitable organization is based, the most recent federal tax return of the charitable organization, if any, including all schedules related thereto.
On or before July 1 of each fiscal year, each charitable organization, not including a governmental entity whose budget is included in the executive budget, that receives additional fees shall post on the Internet website of the charitable organization or, if no such Internet website exists, publish in a newspaper of general - 81st Session (2021) – 19 – the most recent federal tax return of the charitable organization, if any, including all schedules related thereto.
and (b) Any additional information that must accompany the balance sheets and bank statements required to be filed pursuant to subsection 1, including, without limitation, the methods and - *AB188_R1* – 19 – procedures used to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient.
and (b) Any additional information that must accompany the balance sheets and bank statements required to be filed pursuant to subsection 1, including, without limitation, the methods and additional fees is expended solely for the benefit of the intended recipient.
On or before September 30 following the end of each fiscal year, the Legislative Auditor shall [present] submit a final written report with respect to the charitable organizations that have filed with the Legislative Auditor a balance sheet pursuant to subsection 1 of NRS 482.38277 to [the Commission on Special License Plates] :
On or before September 30 following the end of each fiscal year, the Legislative Auditor shall [present] submit a final written report with respect to the charitable organizations that have filed with the Legislative Auditor a balance sheet pursuant to subsection 1 of NRS 482.38277 to [the Commission on Special License Plates a final written report with respect to the Legislative Auditor a balance sheet pursuant to subsection 6 of NRS 482.38277.] :
(a) The Department [a final written report with respect to the charitable organizations for which the Commission provided to the Legislative Auditor a balance sheet pursuant to subsection 6 of NRS 482.38277.] ;
(a) The Department;
3.] Along with any statement of explanation or rebuttal from the [audited] charitable organization, the final written report may include, without limitation:
- 81st Session (2021) – 20 – 3.] Along with any statement of explanation or rebuttal from the [audited] charitable organization, the final written report may include, without limitation:
(a) Evidence regarding the inadequacy or inaccuracy of any forms or records filed by the charitable organization with the [Commission or the] Department;
(a) Evidence regarding the inadequacy or inaccuracy of any [Commission or the] Department;haritable organization with the (b) Evidence regarding any improper practices of financial administration on the part of the charitable organization;
(b) Evidence regarding any improper practices of financial administration on the part of the charitable organization;
- *AB188_R1* – 20 – Sec.
Sec.
(a) Has reasonable cause to believe or has received a credible complaint that the charitable organization has filed with the [Commission on Special License Plates or the] Department forms or records that are inadequate or inaccurate, has committed improper practices of financial administration, 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;
(a) Has reasonable cause to believe or has received a credible complaint that the charitable organization has filed with the [Commission on Special License Plates or the] Department forms or practices of financial administration, 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;
and (b) Distribute a copy of the final written report to [each member of] the [Commission on Special License Plates;] Director.
and (b) Distribute a copy of the final written report to [each member of] the [Commission on Special License Plates;
[and (c) Present the final written report to the Commission on Special License Plates at its next regularly scheduled meeting.] 3.
and - 81st Session (2021) – 21 – License Plates at its next regularly scheduled meeting.] Director.al 3.
and (d) Any other evidence or information that the Legislative Auditor determines to be relevant to the propriety of the financial administration and recordkeeping of the charitable organization, including, without limitation, the disposition of any additional fees received by the charitable organization.
and (d) Any other evidence or information that the Legislative Auditor determines to be relevant to the propriety of the financial administration and recordkeeping of the charitable organization, received by the charitable organization.sition of any additional fees Sec.
- *AB188_R1* – 21 – Sec.
If the [Commission on Special License Plates] Department 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] Department 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] Department shall notify the charitable organization of that determination.
If the [Commission on Special License Plates] Department 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] Department by 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] Department shall notify the charitable organization of that determination.
2.
- 81st Session (2021) – 22 – within 20 days after receiving notification pursuant to subsection 1, to respond to the determinations of the [Commission] Department or Legislative Auditor.
A charitable organization may request in writing a hearing, within 20 days after receiving notification pursuant to subsection 1, to respond to the determinations of the [Commission] Department or Legislative Auditor.
If the [Commission] Department decides to uphold its own determination that a charitable organization has failed to comply with one or more of the provisions of NRS 482.38277 or decides to uphold the determination of the Legislative Auditor 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 - *AB188_R1* – 22 – 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] Department shall issue its decision in writing and may :
If the [Commission] Department decides to uphold its own determination that a charitable organization has failed to comply uphold the determination of the Legislative Auditor that thees to 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] Department shall issue its decision in writing and may :
(b) Suspend the production and distribution of the particular design of special license plates and collection of all additional fees collected on behalf of the charitable organization, if the Department is still producing that design and allow any holder of the special license plate to renew the plate without paying the additional fee;
(b) Suspend the production and distribution of the particular collected on behalf of the charitable organization, if the Departments is still producing that design and allow any holder of the special license plate to renew the plate without paying the additional fee;
5.
- 81st Session (2021) – 23 – 5.
If the [Commission recommends that the] Department [take] takes the action described in paragraph (c) of subsection 4, the Department [, in consultation with the Commission,] shall inform the charitable organization in writing of the corrective actions that must be taken and upon conclusion of the suspension determine whether the charitable organization completed the corrective actions.
If the [Commission recommends that the] Department [take] takes the action described in paragraph (c) of subsection 4, the Department [, in consultation with the Commission,] shall inform the charitable organization in writing of the corrective actions that whether the charitable organization completed the correctivee actions.
[, in consultation with the Commission;] or - *AB188_R1* – 23 – (3) Continue production and distribution of the special license plate and [, in consultation with the Commission,] distribute all additional fees collected, including any fees held during the suspension, to another charitable organization that:
[, in consultation with the Commission;] or (3) Continue production and distribution of the special license plate and [, in consultation with the Commission,] distribute all additional fees collected, including any fees held during the suspension(I) Submits an application to the Department on a form prescribed and furnished by the Department;
(I) Submits an application to the Department on a form prescribed and furnished by the Department;
If, in accordance with subsection 4 or paragraph (b) of subsection 5, the [Commission recommends that the] Department determines to take adverse action against a charitable organization, the [Commission] Department shall notify the charitable organization, in writing, of that fact within 30 days after making the [recommendation] determination and include a description of any necessary corrective action that must be taken by the charitable organization, if applicable.
If, in accordance with subsection 4 or paragraph (b) of subsection 5, the [Commission recommends that the] Department determines to take adverse action against a charitable organization, the [Commission] Department shall notify the charitable organization, in writing, of that fact within 30 days after making the - 81st Session (2021) – 24 – [recommendation] determination and include a description of any necessary corrective action that must be taken by the charitable organization, if applicable.
A charitable organization aggrieved by a [recommendation] determination of the [Commission] Department may, within 30 days after the date on which it received notice of the [recommendation,] determination, submit to the Department any facts, evidence or other information that it believes is relevant to the propriety of the [Commission’s recommendation.] Department’s determination.
A charitable organization aggrieved by a [recommendation] determination of the [Commission] Department [recommendation,] determination, submit to the Department anye of the facts, evidence or other information that it believes is relevant to the propriety of the [Commission’s recommendation.] Department’s determination.
- *AB188_R1* – 24 – 2.
2.
Any contracts or other agreements entered into by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency are binding upon the officer or agency to which the responsibility for the administration of the provisions of the contract or other agreement has been transferred.
Any contracts or other agreements entered into by an officer or agency whose name has been changed or whose responsibilities another officer or agency are binding upon the officer or agency to which the responsibility for the administration of the provisions of the contract or other agreement has been transferred.
In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to an officer, - 81st Session (2021) – 25 – agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
In preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
In preparing supplements to the Nevada Administrative other entity whose name is changed or whose responsibilities areor transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
TEXT OF REPEALED SECTION 482.367004 Commission on Special License Plates:
~~~~~ 21 - 81st Session (2021)
Creation;
membership;
term;
service without salary or compensation;
administrative support;
duties.
1.
There is hereby created the Commission on Special License Plates.
The Commission is advisory to the Department and consists of five Legislators and three nonvoting members as follows:
- *AB188_R1* – 25 – (a) Five Legislators appointed by the Legislative Commission:
(1) One of whom is the Legislator who served as the Chair of the Assembly Standing Committee on Transportation during the most recent legislative session.
That Legislator may designate an alternate to serve in place of the Legislator when absent.
The alternate must be another Legislator who also served on the Assembly 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.
That Legislator may designate an alternate be another Legislator who also served on the Senate Standingte must 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 a designee of the Director.
(2) The Director of the Department of Public Safety, or a designee of the Director.
(3) The Director of the Department of Tourism and Cultural Affairs, or a designee of the Director.
2.
Each member of the Commission appointed pursuant to paragraph (a) of subsection 1 serves a term of 2 years, commencing 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 recommend to the Department that the Department 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 NRS 482.367002;
(b) The issuance by the Department of special license plates that hav(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, 2007.
 In determining whether to recommend to the Department the approval of such an application or issuance, the Commission shall consider, without limitation, whether it would be appropriate and - *AB188_R1* – 26 – feasible for the Department to, as applicable, design, prepare or issue the particular special license plate.
For the purpose of making recommendations to the Department, the Commission shall consider each application in the chronological order in which the application was received by the Department.
6.
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 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.
The Commission shall transmit the information described in this subsection to the Department and the Department shall make that information available on its Internet website.
7.
The provisions of paragraph (c) of subsection 5 do not apply with regard to special license plates that are issued pursuant to NRS 482.3746, 482.3751, 482.3752, 482.3757, 482.3783, 482.3785, 482.3787, 482.37901, 482.37902, 482.37906, 482.3791, 482.3794 or 482.3817.
8.
The Commission shall:
(a) Recommend to the Department that the Department approve received in the form of additional fees, including, without limitation, pursuant to subparagraph (3) of paragraph (b) of subsection 5 of NRS 482.38279.
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.
The term does not include registration and license fees or governmental services taxes.
(b) If it recommends a proposed change pursuant to paragraph (a) and determines that legislation is required to carry out the change, recommend to the Department that the Department request the assistance of the Legislative Counsel in the preparation of a bill draft to carry out the change.
H - *AB188_R1*
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Amendments

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Action History

  1. Chapter 88.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. Read third time. Passed. Title approved. (Yeas: 21, Nays: None.) To Assembly. In Assembly. To enrollment.

  5. Read second time.

  6. From committee: Do pass.

  7. In Senate. Read first time. Referred to Committee on Growth and Infrastructure. To committee.

  8. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 42, Nays: None.) To Senate.

  9. From committee: Do pass, as amended.

  10. From printer. To engrossment. Engrossed. First reprint. To committee.

  11. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 127.) Rereferred to Committee on Ways and Means. Exemption effective. To printer.

  12. Notice of eligibility for exemption.

  13. From printer. To committee.

  14. Read first time. Referred to Committee on Growth and Infrastructure. To printer.

Sponsors

  • Assembly Committee on Growth and Infrastructure · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Assembly Committee on Growth and Infrastructure

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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AB 188 is sponsored by Assembly Committee on Growth and Infrastructure.
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This bill has been enacted into law. Introduced March 04, 2021. Enacted.
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