Filed Date: 2/20/1981
Status: Precedential
Modified Date: 7/5/2016
REQUESTED BY: Honorable Robert L. Clark Member of the Legislature 2028 State Capitol Lincoln, Nebraska 68509
Dear Senator Clark:
You have requested an opinion concerning the proposed amendment to Neb.Rev.Stat. §
1. Does the present language in Section
60-311 prohibit taking bids on reflective systems that cover only a portion of the license plate?2. Would it be necessary to insert language permitting bids by systems that only reflectorize a portion of the license plate?
The pertinent language dealing with reflectorization is as follows: `Each plate shall be treated with a reflective material which shall provide effective and dependable reflective brightness during the service period required of the plate.'
The answers to your particular questions would lie in an interpretation of the above quoted language. It is not clear whether or not the phrase `shall be treated with a reflective material' refers to a portion of the license plate or to the plate itself. That being the case, it is necessary to examine the intent of the Legislature when the original bill was passed which provided for reflectorized plates. In general, legislative intention must be discerned from a general consideration of the whole act, and its intent must be deduced from the whole rather than from a particular part. Equal Opportunity Commission v. WeyerhaeuserCompany,
The adoption of the requirement of reflectorized plates was prompted by the increased safety benefit provided by such plates. The Committee of Statement on LB 637 of the Seventy-Fifth Session of the Nebraska State Legislature reads in part:
"Since the proportion of accidents at night is approximately twice as many for the same number of miles traveled, it was felt by the committee that anything the Legislature could do to reduce this accident rate should be done. If only a small percent of the accidents which occur at night were prevented by the use of reflectorized plates, the saving in personal property alone would be more than the additional costs of the reflective material."
The Statement of Purpose for LB 637 indicates that:
"The purpose of this bill is to provide dependable reflectorized license plates for all motor vehicles in Nebraska in order to improve safety on our highways."
Both the Committee Statement and the Statement of Purpose refer to reflectorized plates and do not refer to reflectorized portions, characters, or background. Therefore, it is logical to assume that the Legislature intended that the plate itself be a reflective material
The present language in section
Very truly yours, PAUL L. DOUGLAS Attorney General Ruth Anne E. Galter Assistant Attorney General