Nevada 2017 Regular Session Status: Enacted

AB 29 — Revises provisions governing off-highway vehicles. (BDR 18-220)

Last action — Approved by the Governor. Chapter 504.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced November 16, 2016. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

612 added · 652 removed

612 line(s) added, 652 removed.

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EXEMPT (Reprinted with amendments adopted on June 3, 2017) THIRD REPRINT A.B.
Assembly Bill No.
29 A SSEMBLY BILL NO .
29–Committee on Transportation CHAPTER..........
29–COMMITTEE ON T RANSPORTATION (O N BEHALF OF THE STATE D EPARTMENT OF C ONSERVATION AND N ATURAL RESOURCES ) P REFILED N OVEMBER 16, 2016 ____________ Referred to Committee on Transportation SUMMARY—Revises provisions governing off-highway vehicles.
(BDR 18-220) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Existing law creates the Commission on Off-Highway Vehicles and authorizes the Commission to award grants of money from the Account for Off-Highway off-highway trails and facilities.
Existing law creates the Commission on Off-Highway Vehicles and authorizes the Commission to award grants of money from the Account for Off-Highway Vehicles to certain applicants for projects relating to off-highway vehicle use and off-highway trails and facilities.
(NRS 490.067, 490.068, 490.069) Sections 4 andnd 6 of this bill place the Commission within the State Department of Conservation and Natural Resources.
(NRS 490.067, 490.068, 490.069) Sections 4 and of this bill place the Commission within the State Department of Conservation and Natural Resources.
Section 1 of this bill creates the Off-Highway Vehicles Program in the State Department of Conservation and Natural Resources.
Department of Conservation and Natural Resources.
In administering the Program, to:
In administering the Program,e the Director of the Department, within the limits of approved funding, is required to:
(1) provide certain support and assistance to the Commission on Off-Highwayred Vehicles;
(1) provide certain support and assistance to the Commission on Off-Highway Vehicles;
Section 1 further requires the Director to include in his or her budget the money necessary, - *AB29_R3* – 2 – within the limits of legislative appropriations for the Account, for:
Section 1 further requires the Director to include in his or her budget the money necessary, within the limits of legislative appropriations for the Account, for:
Under existing law, each member of the Commission on Off-Highway Vehicles is entitled to receive, if money is available for that purpose, the per diem allowance and travel expenses provided for state officers and employees generally.
is entitled to receive, if money is available for that purpose, the per diem allowance and travel expenses provided for state officers and employees generally.
Section 6 further provides a procedure for consecutive meetings.
Section 6 further provides a procedure for replacing a member of the Commission who fails to attend at least three consUnder existing law, the Commission on Off-Highway Vehicles is required to solicit nine nonvoting advisors to the Commission from various state and federal agencies.
the Commission who fails to attend at least three Under existing law, the Commission on Off-Highway Vehicles is required to solicit nine nonvoting advisors to the Commission from various state and federal agencies.
Finally, sections 1 and 7 revise provisions requiring a comprehensive report that must be submitted to the Legislature, providing that the report must be prepared by reviewed and approved by the Chair of the Commission before being submitted toen each regular session of the Legislature.
Finally, sections 1 and 7 revise provisions requiring a comprehensive report that the Director of the State Department of Conservation and Natural Resources, then by reviewed and approved by the Chair of the Commission before being submitted to each regular session of the Legislature.
Under existing law, fees paid for titling and registration of an off-highway vehicle are deposited into the Revolving Account for the Administration of Off- Highway Vehicle Titling and Registration.
- 79th Session (2017) – 2 – Under existing law, fees paid for titling and registration of an off-highway vehicle are deposited into the Revolving Account for the Administration of Off- Highway Vehicle Titling and Registration.
(NRS 490.085) The Commission on Off-Highway Vehicles is required to administer the money in the Account for Off-Highway Vehicles.
(NRS 490.085) The Commission on Off-Highway Vehicles is required to Section 8 of this bill requires the Director of the State Department of Conservation and Natural Resources to administer the Account.
(NRS 490.069) and Natural Resources to administer the Account.
Section 8 also requires a portion of the money in the Account be used to maintain a reserve amount.
Section 8 also requires a portionon of the money in the Account be used to maintain a reserve amount.
Under existing law, if the owner of an off-highway vehicle that is registered in this State fails to renew the registration before it expires, the registration may be reinstated upon payment of the annual renewal fee, a late fee of $25 and, if applicable, the submission of proof of insurance, which is only required for certain (NRS 490.082, 490.0825, 490.105) Section 9 of this bill reduces the late fee to $10.
Under existing law, if the owner of an off-highway vehicle that is registered in this State fails to renew the registration before it expires, the registration may be reinstated upon payment of the annual renewal fee, a late fee of $25 and, if applicable, the submission of proof of insurance, which is only required for certain larger all-terrain vehicles that are authorized to operate on certain county roads.
Under existing law, with certain exceptions, a person may not operate an off-highway vehicle on a paved highway in this State unless a governmental entity has designated the highway for use by off-highway vehicles.
(NRS 490.082, 490.0825, 490.105) Section 9 of this bill reduces the late fee to $10.
Under existing law, with certain exceptions, a person may not operate an has designated the highway for use by off-highway vehicles.
(NRS 490.090, 490.100, 490.110) Section 11.5 of this bill requires the Commission on Off-Highway Vehicles to evaluate the statutory presumption that an off-highway vehicle is prohibited from operating on a paved highway unless authorized to do so.
(NRS 490.090, 490.100, 490.110) Section 11.5 of this bill requires the Commission on Off-Highway Vehicles to evaluate the statutory presumption that an off-highway vehicle is Commission is required to survey local governmental entities and other interested parties to solicit input.
The Commission is required to survey local governmental entities and other interested parties to solicit input.
- *AB29_R3* – 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:
(1) Providing assistance, support and technical advice to the Commission;
- 79th Session (2017) – 3 – (1) Providing assistance, support and technical advice to the Commission;
3.
needed to provide input to the Commission on Off-Highwaytee as Vehicles regarding the completeness and merit of applications received by the Commission for a grant from the Account for Off- Highway Vehicles.
The Director may form a technical advisory committee as needed to provide input to the Commission on Off-Highway Vehicles regarding the completeness and merit of applications received by the Commission for a grant from the Account for Off- Highway Vehicles.
and (c) A reserve amount as approved by the Legislature.
and 6.) The Director may adopt regulations for the operation of the Commission on Off-Highway Vehicles and the Program.
- *AB29_R3* – 4 – 6.
The Director may adopt regulations for the operation of the Commission on Off-Highway Vehicles and the Program.
1.
- 79th Session (2017) – 4 – 1.
Sec.
232.070 N1.
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3.
NRS 232.070 is hereby amended to read as follows:
232.070 1.
(g) Establish new administrative units or programs which may be necessary for the efficient operation of the Department, and alter - *AB29_R3* – 5 – departmental organization and reassign responsibilities as the Director deems appropriate.
be necessary for the efficient operation of the Department, and alter departmental organization and reassign responsibilities as the Director deems appropriate.
(3) The use of land within this State which is under the jurisdiction of the Federal Government;
- 79th Session (2017) – 5 – (3) The use of land within this State which is under the jurisdiction of the Federal Government;
(4) The effect of state and federal agencies’ programs and regulations on the users of land under the jurisdiction of the Federal Government, and on the problems of those users of land;
(4) The effect of state and federal agencies’ programs and regulations on the users of land under the jurisdiction of the Federal Govern(5) The preservation, protection and use of this State’s natural resources.
and (5) The preservation, protection and use of this State’s natural resources.
The Department consists of the Director and the following:
The Department consists of the Director and the fol(a) The Division of Water Resources.
(a) The Division of Water Resources.
- *AB29_R3* – 6 – (d) The Division of State Parks.
(d) The Division of State Parks.
Sec.
- 79th Session (2017) – 6 – Sec.
490.066 [The] Except as otherwise provided in NRS 490.068 and section 1 of this act, the Director may adopt and enforce such administrative regulations as are necessary to carry out the provisions of this chapter.
490.066 [The] Except as otherwise provided in NRS 490.068 and section 1 of this act, the Director may adopt and enforce such administrative regulations as are necessary to carry out the proSec.
Sec.
NRS 490.067 is hereby amended to read as follows:
ofNRS 490.067 is hereby amended to read as follows:
(f) One member [,] who is actively engaged in and possesses experience and expertise in advocating for issues relating to conservation, appointed by the Governor [from a list of persons submitted by the Director of the State Department of Conservation and Natural Resources, who:
(f) One member [,] who is actively engaged in and possesses experience and expertise in advocating for issues relating to conservation, appointed by the Governor [from a list of persons submitted by the Director of the State Department of Conservation and Na(1) Possesses a degree in soil science, rangeland ecosystems science or a related field;
(1) Possesses a degree in soil science, rangeland ecosystems science or a related field;
and - *AB29_R3* – 7 – (3) Is knowledgeable about the ecosystems of the Great Basin Region of central Nevada or the Mojave Desert;
and (3) Is knowledgeable about the ecosystems of the Great Basin Region of central Nevada or the Mojave Desert;
and (g) Three members, appointed by the Governor, who reside in the State of Nevada and have participated in recreational activities for off-highway vehicles for at least 5 years using the type of off- highway vehicle owned or operated by the persons they will represent, as follows:
and (g) Three members, appointed by the Governor, who reside in the State of Nevada and have participated in recreational activities for off-highway vehicles for at least 5 years using the type of - 79th Session (2017) – 7 – off-highway vehicle owned or operated by the persons they will represent, as follows:
(2) One member who represents persons who own or operate all-terrain motorcycles [;] and who is involved with or participates in the racing of off-highway motorcycles;
all-terrain motorcycles [;] and who is involved with or participates in the racing of off-highway motorcycles;
As used in this subsection, “off-highway vehicle organization” means a profit or nonprofit corporation, association or organization formed pursuant to the laws of this State and which promotes off-highway vehicle recreation or racing.
As used in this subsection, “off-highway vehicle organization” means a profit or nonprofit corporation, and which promotes off-highway vehicle recreation or racing.his State [4.] 6.
[4.] 6.
- *AB29_R3* – 8 – [5.] 7.
[5.] 7.
[6.] 8.
- 79th Session (2017) – 8 – [6.] 8.
(a) Is entitled to receive, if money is available for that purpose , [from the fees collected pursuant to NRS 490.084,] the per diem allowance and travel expenses provided for state officers and employees generally.
[from the fees collected pursuant to NRS 490.084,] the per diemurpose , allowance and travel expenses provided for state officers and employees generally.
The Commission shall notify the appointing authority or group who recommended the member for appointment, if any, and the appointing authority or group may recommend a person to replace that member of the Commission.
The recommended the member for appointment, if any, and theup who appointing authority or group may recommend a person to replace that member of the Commission.
- *AB29_R3* – 9 – (b) Meet at the call of the Chair.
(b) Meet at the call of the Chair.
(2) One adviser from the United States Forest Service.
- 79th Session (2017) – 9 – (2) One adviser from the United States Forest Service.
or (II) A teacher, instructor or professor at an institution of the Nevada System of Higher Education and who provides instruction in environmental science or a related field.
or the Nevada System of Higher Education and who providesn institution of instruction in environmental science or a related field.
(a) Adopt regulations setting forth who may apply for a grant of money from the Account for Off-Highway Vehicles and the manner in which such [a person] an applicant may submit the application to the Commission.
(a) Adopt regulations setting forth who may apply for a grant of in which such [a person] an applicant may submit the application to the Commission.
- *AB29_R3* – 10 – (I) Threatened and endangered species in the area affected by the project;
(I) Threatened and endangered species in the area affected by the project;
and (III) Existing land use authorizations and prohibitions, land use plans, special designations and local ordinances for the area affected by the project;
and - 79th Session (2017) – 10 – (III) Existing land use authorizations and prohibitions, land use plans, special designations and local ordinances for the area affected by the project;
and (3) Any compliance information provided by an appropriate federal, state or local governmental agency, and any information or advice provided by any agency, group or individual be submitted with the application for the grant.
and (3) Any compliance information provided by an appropriate advice provided by any agency, group or individual be submittedn or with the application for the grant.
5.
Commission shall [prepare a] review the comprehensive report [,of the including, without limitation, a summary of any grants that the Commission awarded and of the accounting activities of the Account, and any recommendations of the Commission for proposed legislation.
For each regular session of the Legislature, the Chair of the Commission shall [prepare a] review the comprehensive report [, including, without limitation, a summary of any grants that the Commission awarded and of the accounting activities of the Account, and any recommendations of the Commission for proposed legislation.
The - *AB29_R3* – 11 – [Commission] Director of the State Department of Conservation and Natural Resources shall administer the Account.
The [Commission] Director of the State Department of Conservation and Natural Resources shall administer the Account.
Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.
Any money - 79th Session (2017) – 11 – remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.
[During the period beginning on July 1, 2012, and ending on June 30, 2013, money in the Account may only be used by the Commission for the reasonable administrative costs of the Commission and to inform the public of the requirements of this chapter.
[During the period beginning on July 1, 2012, and ending on Commission for the reasonable administrative costs of thehe Commission and to inform the public of the requirements of this chapter.
(I)] To fund a reserve amount as provided in the legislatively approved budget of the State Department of Conservation and Natural Resources pursuant to section 1 of this act.
(I)] To fund a reserve amount as provided in the Conservation and Natural Resources pursuant to section 1 of this act.
- *AB29_R3* – 12 – [(III)] (3) The acquisition of land for those trails and facilities.
- 79th Session (2017) – 12 – [(III)] (3) The acquisition of land for those trails and facilities.
[(V)] (5) The construction of those trails and facilities.
[(VI)] (6) The restoration of areas that have beenilities.
[(VI)] (6) The restoration of areas that have been damaged by the use of off-highway vehicles.
damaged by the use of off-highway vehicles.
(2) Except as otherwise provided in subsection 3, shall, within 1 year after July 1, 2011, apply for, to the Department by mail or to an authorized dealer, and obtain from the Department, the registration of the off-highway vehicle.
(2) Except as otherwise provided in subsection 3, shall, mail or to an authorized dealer, and obtain from the Department, the registration of the off-highway vehicle.
(a) A certificate of title for the off-highway vehicle, the owner shall submit to the Department or to the authorized dealer proof - *AB29_R3* – 13 – prescribed by the Department that he or she is the owner of the off-highway vehicle.
- 79th Session (2017) – 13 – (a) A certificate of title for the off-highway vehicle, the owner prescribed by the Department that he or she is the owner of thef off-highway vehicle.
(I) Evidence satisfactory to the Department that he or she has paid all taxes applicable in this State relating to the purchase of the off-highway vehicle, or submit an affidavit indicating that he or she purchased the vehicle through a private party sale and no tax is due relating to the purchase of the off-highway vehicle;
(I) Evidence satisfactory to the Department that he or she has paid all taxes applicable in this State relating to the purchase of the off-highway vehicle, or submit an affidavit indicating that he or she purchased the vehicle through a private party sale and no tax is due relati(II) Proof prescribed by the Department that he or she is the owner of the off-highway vehicle and of the unique vehicle identification number, serial number or distinguishing number obtained pursuant to NRS 490.0835 for the off-highway vehicle.
and (II) Proof prescribed by the Department that he or she is the owner of the off-highway vehicle and of the unique vehicle identification number, serial number or distinguishing number obtained pursuant to NRS 490.0835 for the off-highway vehicle.
(d) Is used solely for husbandry on private land or on public land that is leased to or used under a permit issued to the owner or operator of the off-highway vehicle;
(d) Is used solely for husbandry on private land or on public operator of the off-highway vehicle;
(e) Is used for work conducted by or at the direction of a public or private utility;
a permit issued to the owner or (e) Is used for work conducted by or at the direction of a public or private utility;
(g) Is operated solely in an organized race, festival or other event that is conducted:
- 79th Session (2017) – 14 – (g) Is operated solely in an organized race, festival or other event that is conducted:
or (2) By permit issued by a governmental entity having jurisdiction;
or (2) By permit issued by a governmental entity having jur(h) Except as otherwise provided in paragraph (d), is operated or stored on private land or on public land that is leased to the owner or operator of the off-highway vehicle, including when operated in an organized race, festival or other event;
- *AB29_R3* – 14 – (h) Except as otherwise provided in paragraph (d), is operated or stored on private land or on public land that is leased to the owner or operator of the off-highway vehicle, including when operated in an organized race, festival or other event;
5.
vehicle is lost or destroyed, the owner of the off-highway vehicleay may apply to the Department by mail, or to an authorized dealer, for a duplicate certificate of title or registration.
If a certificate of title or registration for an off-highway vehicle is lost or destroyed, the owner of the off-highway vehicle may apply to the Department by mail, or to an authorized dealer, for a duplicate certificate of title or registration.
Sec.
- 79th Session (2017) – 15 – Sec.
The terms of the members of the Commission on Off-Highway Vehicles who are appointed pursuant to paragraphs (f) and (g) and subparagraphs (2) and (4) of paragraph (h) of subsection 2 of NRS 490.067, as those provisions exist on June 30, 2017, expire on July 1, 2017.
The terms of the members of the Commission on Off-Highway Vehicles who are appointed pursuant to paragraphs (f) and (g) and subparagraphs (2) and (4) of paragraph (h) of subsection of NRS 490.067, as those provisions exist on June 30, 2017, expire on July 1, 2017.
- *AB29_R3* – 15 – 2.
2.
On or before July 1, 2017, the Governor shall appoint to the Commission on Off-Highway Vehicles the members of the Commission on Off-Highway Vehicles specified in paragraph (f) and subparagraph (2) of paragraph (g) of subsection 2 of NRS 490.067, as amended by section 6 of this act, to initial terms of 3 years commencing on July 1, 2017.
On or before July 1, 2017, the Governor shall appoint to the Commission on Off-Highway Vehicles the members of the and subparagraph (2) of paragraph (g) of subsection 2 of NRS) 490.067, as amended by section 6 of this act, to initial terms of 3 years commencing on July 1, 2017.
H - *AB29_R3*
~~~~~ 17 - 79th Session (2017)
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Action History

  1. Approved by the Governor. Chapter 504.

  2. Enrolled and delivered to Governor.

  3. Senate Amendment No. 1123 concurred in. To enrollment.

  4. Action reconsidered.

  5. Senate Amendment No. 1123 not concurred in.

  6. Senate Amendment No. 950 concurred in.

  7. In Assembly.

  8. From printer. To re-engrossment. Re-engrossed. Third reprint . To Assembly.

  9. To printer.

  10. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 21, Nays: None.)

  11. Reprinting dispensed with.

  12. Read third time. Amended. (Amend. No. 1123.)

  13. Taken from Secretary's desk. Placed on General File.

  14. Taken from General File. Placed on Secretary's desk.

  15. From printer. To re-engrossment. Re-engrossed. Second reprint .

  16. Read second time. Amended. (Amend. No. 950.) To printer.

  17. Action of adoption of amendment rescinded.

  18. Read second time. Amended. (Amend. No. 951.)

  19. Placed on Second Reading File.

  20. From committee: Amend, and do pass as amended.

  21. Read first time. Referred to Committee on Transportation. To committee.

  22. In Senate.

  23. Read third time. Passed, as amended. Title approved. (Yeas: 26, Nays: 13, Excused: 3.) To Senate.

  24. From committee: Do pass, as amended.

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

  26. Read second time. Amended. (Amend. No. 353.) Rereferred to Committee on Ways and Means. Exemption effective. To printer.

  27. From committee: Amend, and do pass as amended.

  28. Notice of eligibility for exemption.

  29. Read first time. To committee.

  30. From printer.

  31. Prefiled. Referred to Committee on Transportation. To printer.

Sponsors

  • Transportation · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Transportation

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 29 is sponsored by Transportation.
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This bill has been enacted into law. Introduced November 16, 2016. Enacted.
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