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 Passed: Nevada Senate Bill 394 

SB 394 Requires Registration and Titling of off-highway vehicles. (BDR 43-501)

  • Introduced On: Mar 23, 2009
  • By: Committee on Energy, Infrastructure and Transportation
  • Mar 24, 2009 - From printer. To Committee on Energy, Infrastructure and Transportation.
  • Apr 13, 2009 - From committee, amended (Ammend. No. 234) recommendation to pass as amended.
  • Apr 14, 2009 - Referred to Committee on Finance.
  • May 16, 2009 - From committee, recommendation to pass as amended. Passed. To Assembly.
  • May 16, 2009 - In Assembly, referred to Committee on Transportation.
  • May 19, 2009 - From committee, recommendation to pass, to Committee on Ways and Means.
  • May 21, 2009 - From committee, amended (Ammend. No. 879) recommendation to pass as amended. Passed. To Senate.
  • May 22, 2009 - In Senate, Amendment No. 879 concurred in.
  • May 23, 2009 - Enrolled and delivered to the Governor.
  • May 26, 2009 - Vetoed by the Governor.
  • May 31, 2009 - In Senate, veto not sustained; Yeas: 21; Nays: 0,
  • May 31, 2009 - In Assembly, veto not sustained; Yeas: 36; Nays: 6,
  • June 02, 2009 - Enrolled and delivered to the Secretary of State,

Background for SB 394 The origin of this bill lies with several Motorcycle dealers that claimed they were loosing business because Nevadans were going to out of state to purchase their OHVs to save money by end running Nevada Sales Taxes.The original intent of the bill was to use the OHV registration as the means to verify payment of Sales Taxes, thus eliminating the perceived advantage held by out of state dealers. This bill has been proposed in several previous sessions, but always defeated. In each go around the Legislature was working with the OHV community to try and craft a bill that provides benefit to all. In its final form the bill mandates the DMV to title and register OHVs; sets up a Fund for Off-Highway Vehicles, that is funded by registration fees; and establishes a Commission on Off-Highway Vehicles that will administer this fund. Here is the full text of SB 394.

These are the sections of the bill to OHV Users -

  • Section 12
    Explains how an OHV Owner get title for a vehicle they own, for a used vehicle, for a vehicle bought from a dealer after the effective date of the legislation.
  • Section 13
    Defines the registration sticker, size and placement.
  • Section 14
    Defines the distribution of the registration fees. The fee will be between $20-$30. During the 1st year 85% of these fees will be deposited in the Revolving Account for the Administration of Off-Highway Vehicle Titling and Registration and 15% goes to the Fund for Off-Highway Vehicles (minus the amount required for operation of off-highway vehicles on a highway). Starting with the 2nd year 15% will be deposited in the Revolving Account for the Administration of Off-Highway Titling and Registration and 85% goes to the Fund for Off-Highway Vehicles (minus the amount required for operation of off-highway vehicles on a highway).
  • Section 15
    Establishes the Fund for Off-Highway Vehicles as a revolving fund. The Commission on Off-Highway Vehicles will administer this fund and any remaining funds at the end of the fiscal year are carried forward to the next fiscal year. The fund may only be used for reasonable administrative costs of the Commission, capped at 5% of available funds, 60% going to projects to planning and creation of OHV areas, 15% going to OHV education and safety training and 20% for law enforcement.
  • Section 16
    Establishes the Commission on Off-Highway Vehicles. Describes the Commission has having 11 members: one who is an authorized OHV dealer; one member from a list provided by the Director of the Department of Wildlife; one who is a rancher; one who is a representative of the Nevada Association of Counties; one who is a member of law enforcement; one member from a list provided by the Director of the State Department of of Conservation and Natural Resources; one member who represents OHV User Groups; one member who represents all-terrain vehicles; one member who represents all-terrain motorcycles; one member who represents snowmobilers and one member that represents racing of off-highway vehicles.
  • Section 17
    Defines duties and responsibilities of the Commission, including how the Commission will distribute funds from the Fund for Off-Highway Vehicles.
  • Section 19
    Establishes the Revolving Account for the Administration of Off-Highway Vehicle Titling and Registration.
  • Section 55
    Defines off-highway vehicles.
  • Section 57
    Defines how counties may designate portions of a highway as permissible for the operation of off-highway vehicles so they may get to and from OHV areas. Establishes the Revolving Account for the Administration of Off-Highway Vehicle Titling and Registration.
  • Section 62
    Establishes when the Governor must appoint the Commission members, how long each Commissioner sits.
All other sections deal with establishing the categories of off-highway dealers and their roles and responsibilities.