requires two-thirds majority vote (§§ 7, 8)                                                                                                            

                                                                                                  

 

Senate Bill No. 117–Senator McGinness

 

February 13, 2003

____________

 

Referred to Committee on Transportation

 

SUMMARY—Provides for registration and titling of off-road vehicles. (BDR 43‑187)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to off-road vehicles; providing for the registration and titling of off-road vehicles; requiring the Department of Motor Vehicles to establish procedures for the registration and titling of off-road vehicles; providing that an off-road vehicle is included within the definition of “vehicle” for the purposes of regulation by the Department of Motor Vehicles; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section1. NRS 480.420 is hereby amended to read as follows:

1-2  480.420  “Off-road vehicle” [means a vehicle which is intended

1-3  for recreational or industrial use and which is not intended or

1-4  designed for use on a public highway.] has the meaning ascribed to

1-5  it in section 3 of this act.

1-6  Sec. 2.  Chapter 482 of NRS is hereby amended by adding

1-7  thereto the provisions set forth as sections 3 to 10, inclusive, of this

1-8  act.

1-9  Sec. 3. 1.  “Off-road vehicle” means a motorized device

1-10  that:

1-11      (a) Is used for recreational purposes on:

1-12          (1) Natural terrain, including, without limitation, dirt,

1-13  water, snow, ice, marshes, swamps, rivers and lakes; or

2-1       (2) Terrain that has been altered or otherwise manipulated

2-2  for the specific purpose of off-highway recreational use,

2-3  including, without limitation, off-highway vehicle parks;

2-4  (b) Is required to be registered pursuant to subsection 1 of

2-5  section 5 of this act or is exempt from registration pursuant to

2-6  subsection 2 of section 5 of this act; and

2-7  (c) Is not required to be registered with the Department as a

2-8  vehicle pursuant to NRS 482.205 to 482.290, inclusive.

2-9  2.  The term includes, without limitation:

2-10      (a) Motorcycles that are not intended to be operated upon any

2-11  highway;

2-12      (b) Dune buggies;

2-13      (c) Snowmobiles;

2-14      (d) Amphibious devices; and

2-15      (e) Motorized devices that use a cushion of air for locomotion.

2-16      3.  The term does not include a boat.

2-17      Sec. 4.  As used in sections 4 to 10, inclusive, of this act,

2-18  unless the context otherwise requires, “owner” means a person

2-19  who holds legal title to or an interest in the title of an off-road

2-20  vehicle and whose name appears on the certificate of title. The

2-21  term does not include a lienholder.

2-22      Sec. 5. 1.  Except as otherwise provided in subsection 2,

2-23  every owner who intends to operate his off-road vehicle in this

2-24  state must, before operating the off-road vehicle in this state,

2-25  register the off-road vehicle with the Department in accordance

2-26  with the regulations adopted by the Department pursuant to

2-27  section 7 of this act.

2-28      2.  A resident of another state who owns an off-road vehicle

2-29  and who has registered the off-road vehicle in that state may

2-30  operate the off-road vehicle in this state without registering the

2-31  off-road vehicle pursuant to this section if the state in which the

2-32  off-road vehicle is registered does not require the registration of

2-33  an off-road vehicle that is registered pursuant to this section

2-34  before the operation of the off-road vehicle in that state.

2-35      Sec. 6.  Upon the sale of an off-road vehicle to a customer, a

2-36  dealer shall apply to the Department for a certificate of title in the

2-37  name of the owner of the off-road vehicle.

2-38      Sec. 7.  1.  The Department shall adopt regulations

2-39  providing the forms, requirements and procedures for the:

2-40      (a) Registration of an off-road vehicle;

2-41      (b) Renewal of the registration of an off-road vehicle; and

2-42      (c) Transfer of the registration of an off-road vehicle.

2-43      2.  The regulations adopted pursuant to subsection 1 must

2-44  provide for:

3-1  (a) An application for the registration of an off-road vehicle.

3-2  The application must:

3-3       (1) Include, without limitation, the name and address of

3-4  each owner of the off-road vehicle; and

3-5       (2) Be accompanied by a certificate of title that shows the

3-6  person who is registering the off-road vehicle is the owner of the

3-7  off-road vehicle.

3-8  (b) The issuance of a decal by the Department for each off-

3-9  road vehicle registered by the Department. The owner of the off-

3-10  road vehicle must place the decal in a conspicuous place on the

3-11  off-road vehicle as specified by the Department. If the owner loses

3-12  the decal before the registration expires, the owner may obtain a

3-13  replacement decal from the Department upon payment of a fee

3-14  that equals the cost to the Department of obtaining or creating the

3-15  decal, as appropriate.

3-16      (c) The expiration of the registration of an off-road vehicle 1

3-17  year after the date the off-road vehicle is registered with the

3-18  Department.

3-19      (d) The collection of a fee of $25 by the Department upon the

3-20  submission of:

3-21          (1) An application for the registration of an off-road

3-22  vehicle; or

3-23          (2) An application for the renewal of the registration of an

3-24  off-road vehicle.

3-25      3.  To the extent not otherwise specifically provided for in this

3-26  section, the regulations adopted pursuant to this section must be,

3-27  insofar as practicable, substantially similar to the provisions of

3-28  this chapter that relate to the registration of a vehicle.

3-29      Sec. 8.  1.  The Department shall adopt regulations

3-30  providing the forms, requirements and procedures for the issuance

3-31  of a certificate of title for an off-road vehicle.

3-32      2.  The regulations adopted pursuant to subsection 1 must

3-33  provide for:

3-34      (a) The titling of all off-road vehicles owned by residents of

3-35  this state, regardless of whether such off-road vehicles were

3-36  purchased before or after July 1, 2004;

3-37      (b) The validity of a certificate of title for an off-road vehicle

3-38  until the certificate is canceled by the Department; and

3-39      (c) The collection of a reasonable fee by the Department for

3-40  issuing a certificate of title for an off-road vehicle.

3-41      3.  To the extent not otherwise specifically provided for in this

3-42  section, the regulations adopted pursuant to this section must be,

3-43  insofar as practicable, substantially similar to the provisions of

3-44  this chapter that relate to the issuance of a certificate of title for a

3-45  vehicle.

4-1  Sec. 9.  1.  Except as otherwise provided in this section, all

4-2  money collected by the Department pursuant to sections 7 and 8 of

4-3  this act must be deposited in the State General Fund.

4-4  2.  The Department may retain not more than 10 percent of

4-5  the money collected pursuant to sections 7 and 8 of this act to

4-6  cover the administrative expenses of the Department in carrying

4-7  out the provisions of sections 4 to 10, inclusive, of this act.

4-8  Sec. 10.  Nothing in sections 4 to 10, inclusive, of this act may

4-9  be interpreted to grant a person the right or authority to enter

4-10  upon private property without the permission of the property

4-11  owner.

4-12      Sec. 11.  NRS 482.010 is hereby amended to read as follows:

4-13      482.010  As used in this chapter, unless the context otherwise

4-14  requires, the words and terms defined in NRS 482.011 to 482.137,

4-15  inclusive, and section 3 of this act have the meanings ascribed to

4-16  them in those sections.

4-17      Sec. 12.  NRS 482.085 is hereby amended to read as follows:

4-18      482.085  [“Owner”] Except as otherwise provided in section 4

4-19  of this act, “owner” means a person who holds the legal title of a

4-20  vehicle and whose name appears on the certificate of ownership, and

4-21  any lienholder whose name appears on the certificate of ownership.

4-22  If a vehicle is the subject of an agreement for the conditional sale or

4-23  lease thereof with or without the right of purchase upon

4-24  performance of the conditions stated in the agreement and with an

4-25  immediate right of possession vested in the conditional vendee or

4-26  lessee, or if a mortgagor of a vehicle is entitled to possession, then

4-27  the conditional vendee or lessee or mortgagor shall be deemed the

4-28  owner for the purpose of this chapter.

4-29      Sec. 13.  NRS 482.135 is hereby amended to read as follows:

4-30      482.135  1.  “Vehicle” means every device in, upon or by

4-31  which any person or property is or may be transported or drawn

4-32  upon a public highway, excepting devices moved by human power

4-33  or used exclusively upon stationary rails or tracks.

4-34      2.  Except as otherwise provided in this section, the term

4-35  includes an off-road vehicle as defined in section 3 of this act.

4-36      3.  The term does not include an off-road vehicle:

4-37      (a) For the purposes of the registration of the off-road vehicle

4-38  and the issuance of a certificate of title for the off-road vehicle,

4-39  and the disposition of proceeds therefrom;

4-40      (b) If otherwise provided by law; or

4-41      (c) If the context otherwise requires.

4-42      4.  The term does not include mobile homes or commercial

4-43  coaches as defined in chapter 489 of NRS.

 

 

5-1  Sec. 14.  NRS 482.180 is hereby amended to read as follows:

5-2  482.180  1.  The Motor Vehicle Fund is hereby created as an

5-3  agency fund. Except as otherwise provided in subsection 4 and

5-4  section 9 of this act, or by a specific statute, all money received or

5-5  collected by the Department must be deposited in the State Treasury

5-6  for credit to the Motor Vehicle Fund.

5-7  2.  The interest and income on the money in the Motor Vehicle

5-8  Fund, after deducting any applicable charges, must be credited to

5-9  the State Highway Fund.

5-10      3.  Any check accepted by the Department in payment of the

5-11  governmental services tax or any other fee required to be collected

5-12  pursuant to this chapter must, if it is dishonored upon presentation

5-13  for payment, be charged back against the Motor Vehicle Fund or the

5-14  county to which the payment was credited pursuant to this section or

5-15  NRS 482.181, in the proper proportion.

5-16      4.  Except as otherwise provided in subsection 6, all money

5-17  received or collected by the Department for the basic governmental

5-18  services tax must be distributed in the manner set forth in

5-19  NRS 482.181.

5-20      5.  Money for the administration of the provisions of this

5-21  chapter must be provided by direct legislative appropriation from

5-22  the State Highway Fund or other legislative authorization, upon the

5-23  presentation of budgets in the manner required by law. Out of the

5-24  appropriation or authorization, the Department shall pay every item

5-25  of expense.

5-26      6.  The Department shall withhold 6 percent from the amount of

5-27  the governmental services tax collected by the Department as a

5-28  commission. From the amount of the governmental services tax

5-29  collected by a county assessor, the State Controller shall credit 1

5-30  percent to the Department as a commission and remit 5 percent to

5-31  the county for credit to its general fund as commission for the

5-32  services of the county assessor. All money withheld by or credited

5-33  to the Department pursuant to this subsection must be used only for

5-34  the administration of this chapter as authorized by the Legislature

5-35  pursuant to subsection 5.

5-36      7.  When the requirements of this section and NRS 482.181

5-37  have been met, and when directed by the Department, the State

5-38  Controller shall transfer monthly to the State Highway Fund any

5-39  balance in the Motor Vehicle Fund.

5-40      8.  If a statute requires that any money in the Motor Vehicle

5-41  Fund be transferred to another fund or account, the Department shall

5-42  direct the State Controller to transfer the money in accordance with

5-43  the statute.

 

 

6-1  Sec. 15.  NRS 371.020 is hereby amended to read as follows:

6-2  371.020  As used in this chapter, unless the context otherwise

6-3  requires:

6-4  1.  “Department” means the Department of Motor Vehicles.

6-5  2.  “Vehicle” means any vehicle required to be registered

6-6  pursuant to the provisions of chapter 482 or 706 of NRS, except

6-7  mobile homes as defined in NRS 482.067[.] and off-road vehicles

6-8  as defined in section 3 of this act.

6-9  Sec. 16.  This act becomes effective upon passage and approval

6-10  for the purpose of adopting regulations by the Department of Motor

6-11  Vehicles pursuant to sections 7 and 8 of this act and on July 1, 2004,

6-12  for all other purposes.

 

6-13  H