Nevada § 482.367002 - Submission and contents of application; qualifications of certain organizations that are intended to receive financial support from issuance of special license plate; authority and duties of Department; public meeting; design and preparation of approved plate; use of design and colors; surety bond and release thereof; retention or return of plates upon disposal of vehicle; annual report

§ 482.367002. Submission and contents of application; qualifications of certain organizations that are intended to receive financial support from issuance of special license plate; authority and duties of Department; public meeting; design and preparation of approved plate; use of design and colors; surety bond and release thereof; retention or return of plates upon disposal of vehicle; annual report

1. A person may request that the Department design, prepare and issue a special license

plate by submitting an application to the Department. A person may submit an application for a special license plate that is intended

to generate financial support for an organization only if: (a) For an organization which is not a governmental entity, the organization is established

as a nonprofit charitable organization which provides services to the community 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 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; (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; (e) The organization is nondiscriminatory; and (f) The license plate will not promote a specific religion, faith or antireligious

belief. 2. An application submitted to the Department pursuant to subsection 1: (a) Must be on a form prescribed and furnished by the Department; (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 name of the cause or charitable organization; and (2) Whether the financial support intended to be generated for the particular cause

or charitable organization will be for: (I) General use by the particular cause or charitable organization; or (II) Use by the particular cause or charitable organization in a more limited or specific

manner; (c) Must include the name and signature of a person who represents: (1) The organization which is requesting that the Department design, prepare and issue

the special license plate; and (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; (d) Must include proof that the organization satisfies the requirements set forth

in subsection 1; (e) Must be accompanied by a surety bond posted with the Department in the amount

of $5,000, except that if the special license plate being requested is one of the

type described in subsection 3 of NRS 482.367008 , the application must be accompanied by a surety bond posted with the Department

in the amount of $20,000; (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; and (g) Must be accompanied by suggestions for the design of and colors to be used in

the special license plate. The suggestion must be made in consultation with the charitable organization for

which the special license plate is intended to generate financial support, if any. 3. If an application for a special license plate has been submitted pursuant to this

section but the Department has not yet designed, prepared or issued the plate, the

applicant shall amend the application with updated information when any of the following

events take place: (a) The name of the organization that submitted the application has changed since

the initial application was submitted. (b) The cause or charitable organization for which the special license plate being

requested is intended to generate financial support has a different name than that

set forth on the initial application. (c) The cause or charitable organization for which the special license plate being

requested is intended to generate financial support is different from that set forth

on the initial application. (d) A charitable organization which submitted a budget pursuant to paragraph (f) of

subsection 2 prepares or has prepared a new or subsequent budget. 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 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 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 . 4. The Department shall hold a public meeting before determining whether to approve

or disapprove: (a) An application for the design, preparation and issuance of a special license plate

that is submitted to the Department pursuant to subsection 1; 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. 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. The Department shall consider each application in the chronological order in which

the application was received by the Department. 5. Before holding a public meeting pursuant to subsection 4, the Department shall: (a) At least 30 days before the public meeting is held, notify: (1) The person who requested the special license plate pursuant to subsection 1;

and (2) The charitable organization for which the special license plate is intended to

generate financial support, if any; and (b) Post a notice of the public meeting that complies with chapter 241 of NRS . 6. The provisions of paragraph (b) of subsection 4 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 , 482.37907 , 482.3791 , 482.3794 or 482.3817 . 7. The Department may design and prepare a special license plate requested pursuant

to subsection 1 if the Department: (a) Determines that the application for that plate complies with subsection 2; and (b) Approves the application for that plate after holding the public meeting required

pursuant to subsection 4. 8. Except as otherwise provided in NRS 482.367008 , the Department may issue a special license plate that: (a) The Department has designed and prepared pursuant to subsection 7; and (b) Complies with the requirements of NRS 482.367003 , for any motorcycle, 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 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. 9. Upon making a determination to issue a special license plate pursuant to subsection

8, the Department shall notify: (a) The person who requested the special license plate pursuant to subsection 1;

and (b) The charitable organization for which the special license plate is intended to

generate financial support, if any. 10. After making a determination to issue a special license plate pursuant to this

section, if the Department determines not to use the design or colors suggested pursuant

to paragraph (g) of subsection 2, the Department shall notify the person who requested

the special license plate pursuant to subsection 1. The notice must include, without limitation, the reasons the Department did not

use the design or colors suggested pursuant to paragraph (g) of subsection 2. 11. Within 180 days after receiving the notice pursuant to subsection 10, the person

who requested the special license plate pursuant to subsection 1 shall, in consultation

with the charitable organization for which the special license plate is intended to

generate financial support, if any, submit a revised suggestion for the design of

and colors to be used in the special license plate. If the person does not submit a revised suggestion within 180 days after receiving

the notice pursuant to subsection 10, the Department must: (a) Not issue the special license plate; and (b) Notify: (1) The person who requested the special license plate pursuant to subsection 1;

and (2) The charitable organization for which the special license plate is intended to

generate financial support, if any. 12. After receiving the suggested design of and colors to be used in the special license

plate pursuant to paragraph (g) of subsection 2 or subsection 11 and upon determining

the design of and the colors to be used in the special license plate, the Department

shall submit the design of and the colors to be used in the special license plate

to the person who requested the special license plate pursuant to subsection 1 and

to the charitable organization for which the special license plate is intended to

generate financial support, if any. The person and the charitable organization, if any, shall respond to the Department

within 30 days after receiving the design of and the colors to be used in the special

license plate and shall: (a) Approve the design of and the colors to be used in the special license plate;

or (b) Submit suggestions to revise the design of or colors to be used in the special

license plate. If the person who requested the special license plate pursuant to subsection 1 and

the charitable organization for which the special license plate is intended to generate

financial support, if any, fail to respond within 30 days after receiving the design

of and the colors to be used in the special license plate, the person and charitable

organization shall be deemed to approve the design of and the colors to be used in

the special license plate. The Department may adopt regulations to carry out this subsection. 13. The Department must promptly release the surety bond posted pursuant to subsection

2: (a) If the Department determines not to issue the special license plate; (b) If the Department distributes the additional fees collected on behalf of a charitable

organization to another charitable organization pursuant to subparagraph (2) of paragraph

(c) 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 . 14. If, during a registration period, the holder of license plates issued pursuant

to the provisions of this section disposes of the vehicle to which the plates are

affixed, the holder shall: (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 ; or (b) Within 30 days after removing the plates from the vehicle, return them to the

Department. 15. 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, designed and prepared pursuant to subsection 7 or issued pursuant to subsection

8. The list 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. The Department shall make that information available on its Internet website. 16. On or before January 31 of each year, the Department shall: (a) Compile a report that contains information detailing: (1) The requests submitted pursuant to subsection 1; (2) The list compiled pursuant to subsection 15 for the immediately preceding fiscal

year; (3) Any special license plates that the Department will no longer issue pursuant to NRS 482.367008 ; (4) The results of any activities conducted pursuant to NRS 482.38272 to 482.38279 , inclusive; 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.