SB 170 — Makes various changes relating to off-highway vehicles. (BDR 43-464)
Last action — (Pursuant to Joint Standing Rule No. 14.3.2, no further action allowed.)
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed Assembly
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5To Executive
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6Enacted
This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
760 added · 753 removed760 line(s) added, 753 removed.
REQUIRES TWO-THIRDS MAJORITY VOTE (§§ 3, 14, 16) (Reprinted with amendments adopted on April 19, 2021) FIRST REPRINT S.B.
revisingrequiring, with certain exceptions, the registrationowner requirementsof foran off-highway vehicles;vehicle to obtain an annual Off-Highway Vehicle decal;
eliminatingtransferring exceptionscertain duties related to the regulation of off-highway vehicles from the registrationDepartment requirementsof forMotor certainVehicles off-highwayto vehicles;the Off-Highway Vehicles Program of the State Department of Conservation and Natural Resources and the Commission;
transferringproviding certaina dutiescivil relatedpenalty; to the registration and regulation of off-highway vehicles from the Department of Motor Vehicles to the Off- Highway Vehicles Program of the State Department of Conservation and Natural Resources and the Commission, respectively;
providing a penalty;
(NRS 490.082, 490.0825) Section 3 ofso this bill reviseseliminates the registration requirements to,and requires, instead, require an owner of any off-highway vehicle, including a large all-terrain vehicle, to obtain an annual registrationOff-Highway Vehicle decal from the Off-Highway Vehicles Program of the State Department - *SB170**SB170_R1* – 2 – of Conservation and Natural Resources or any entity authorized under an agreement or contract with the Off-Highway Vehicles Program to sell suchsuchnder decals.
and (2) place the responsibility for administering theOff-Highway registrationVehicle ofdecals off-highway vehicles with the Off-Highway Vehicles Program and regulatory authority with the Commission on Off-Highway VehUnderVehicles. existing law, an off-highway vehicle is not required to be registered in this State if the off-highway vehicle is registered or certified in another state and is located in this State for not more than 15 days.
Also,Under theexisting registrationlaw, requirementsan dooff-highway vehicle is not applyrequired to anbe ownerregistered ofin anlocated off-highwayin vehiclethis whoState isfor not amore residentthan of15 thisdays. State.
(NRSAlso, 490.082)the Sectionsregistration 3requirementsd andis 14do ofnot thisapply billto eliminatean theseowner exceptionsof and require any person who operates an off-highway vehicle inwho theis Statenot toa payresident anof annualthis registrationState. fee and attach the annual registration decal to the off-highway vehicle.
contract”(NRS refer490.082) toSections the3 registeredand owner14 orof lienholderthis bill require, with certain exceptions, any person who engagesoperates an off-highway vehicle in athe transactionState forto consignmentpay an annual Off-Highway Vehicle decal fee and saleattach ofthe anannual Off-Highway Vehicle decal to the off-highway vehicle.
(NRSUnder 490.026,existing 490.028)law, Sectionsthe 6definitions and 7 of this“consignment” billand revise“consignment thesecontract” definitions to instead refer to the titledregistered owner or lienholder.lienholder who engages in a transaction for consignment and sale of an off-highway vehicle.
(NRS 490.026, 490.028) owner or lienholder.this bill revise these definitions to instead refer to the titled Existing law creates the Revolving Account for the Administration of Off- Highway Vehicle Titling and Registration and requires that fees received by the Department of Motor Vehicles for the registration of off-highway vehicles be requires that registration fees be deposited in the AccountAccount. for Off-Highwaynstead, Vehicles created for use by the Off-Highway Vehicles Program.
(NRS 490.084, 490.085) Section 1916 of this billbill, instead, requires athat largefees all-terrainfor vehicleOff-Highway toVehicle obtaindecals anbe annualdeposited registrationin decalthe fromAccount thefor Off-Highway Vehicles Programcreated and carry insurance for theuse vehicleby in order for the vehicleOff-Highway toVehicles beProgram. operated on certain roads.
Section 19 of this bill requires a large all-terrain vehicle to obtain an annual Off-Highway Vehicle decal from the Off-Highway Vehicles Program and carry Section 1 of this bill makes a conforming change related to proof of such insurance.
Section 24 of this bill revises the duties of the Director of the State Department of Conservation and Natural Resources and the Off-Highway Vehicles Program to incExistinginclude lawadministering requires the operatorissuance of anOff-Highway off-highwayVehicle vehicledecals. that is being driven on a highway in this State to wear a helmet.
(NRSExisting 490.130)law Sectionrequires 4 of this bill prohibits the parentoperator or legal guardian of aan childoff-highway whovehicle that is lessbeing thandriven 16on yearsa ofhighway age from knowingly allowing the child to operate, use or ride an off-highway vehicle in this State unlessto thewear child wears a helmet.
(NRS 490.130) Section 4 of this bill prohibits the parent or legal guardian of a child who is less than 16 years of age from knowingly allowing the child to operate, use or ride an off-highway vehicle in this State unless the child wears a helmet and makes a violation of this prohibition of this bill makes a conforming change to clarify that a violation of section 4 is not a misdemeanor.
(NRS 490.067) Section 10 of this bill removes the Director of the Department of Motor Vehicles as such a member of the Commission and adds the Director of the Department of Wildlife as a nonvoting, ex officio member of the Commission.
- *SB170_R1* – 3 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:DFOLLOWS: IN Section 1.
Section 1.
Whenever the driver of a vehicle is stopped by a peace officer for violating a provision of chapters 484A to 484E, inclusive, of NRS, except for violating a provision of - *SB170* – 3 – NRS 484B.440 to 484B.523, inclusive, the officer shall demand proof of the insurance required by NRS 485.185 or [490.0825] 490.105 and issue a citation as provided in NRS 484A.630 if the officer has probable cause to believe that the driver of the vehicle is in violation of NRS 485.187 or subsection 4 of NRS 490.520.
The agency which employs the peace officer shall immediately forward a copy of the citation to the registered[registered] titled owner of the vehicle, by certified mail, at his or her address as it appears on the certificate of registration.[registration.] title.
Except as otherwise provided in subsection 6, a person shall not operate an off-highway vehicle in this State unlesssubsection 2 is attached to the personoff-highway has:vehicle so that the decal is clearly visible in the manner set forth by the Commission pursuant to subsection 4.
(a) Paid to the Off-Highway Vehicles Program created by NRS 232.1585 a registration fee established pursuant to NRS 490.084;
and (b) Attached the registration decal issued pursuant to subsection 2 to the off-highway vehicle so that the decal is clearly visible in the manner set forth by the Commission pursuant to subsection 4.
The Off-Highway Vehicles Program shall issue to aany person who pays the fee established pursuant to NRS 490.084 aan registrationOff-Highway Vehicle decal as evidence of the payment of the registration fee.
Each registrationOff-Highway Vehicle decal is valid for 1 calendaryear year.from the date of the decal’s purchase.
Only a valid decal for the current calendar year may be displayed on an off-highway vehicle.
Each registrationOff-Highway Vehicle decal issued pursuant to this section must be:
and - *SB170_R1* – 4 – (b) Displayed on the off-highway vehicle in the manner set forth by the Commission.
- *SB170* – 4 – 5.
The Off-Highway Vehicles Program may enter into agreements or contracts to authorize any off-highway vehicle dealer, state agency or private vendor to sell registrationOff-Highway decalsVehicle fordecals. off-highway vehicles.
(a) Must require the entity who collects the registrationOff-Highway Vehicle decal fee to submit to the State Treasurer for credit to the Account for Off-Off-Highway Highway Vehicles created by NRS 490.069 all fees collected by the entity from the sale of each registrationOff-Highway Vehicle decal and properly account for those fees each month;
and (b) May authorize the entity to charge and retain a fee of not more than $2 for each registrationOff-Highway Vehicle decal sold by the entity.
RegistrationAn ofOff-Highway anVehicle off-highwaydecal vehicle is not required if the off-highwayoff- highway vehicle:
(g) ExceptIs asonly otherwise provided in paragraph (c), is operated orand stored on private landland; 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;
As used in this subsection, “sanctioning body” means an organization that establishes a schedule of racing events, grants rights to conduct those events and establishes and administers - *SB170_R1* – 5 – rules and regulations governing the persons who conduct or participate in those events.
- *SB170* – 5 – 7.
(a) Is notpunishable aby moving traffic violation for the purposesimposition of NRSa 483.473civil andpenalty mustof not bemore recordedthan by$250; the Department on a driver’s record;
(b) Is not a groundmisdemeanor for takingthe apurposes childof into custody pursuant to NRS 62C.010;490.520;
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and (c) DoesIs not constitute:a moving traffic violation for the purposes of NRS 483.473 and must not be recorded by the Department on a driver’s record;
(1)(d) Abuse,Is neglectnot ora endangermentground offor taking a child into custody pursuant to NRS 200.50862C.010; on the part of a parent, guardian or other adult.
(2)(e) ContributoryDoes negligencenot perconstitute sethe abuse or neglect of a child, as defined in NRS 432B.020, and is not admissiblea asground evidencefor ofremoving contributorya negligencechild infrom athe personalcustody injuryof action.the parent or legal guardian;
and (f) Except as otherwise provided in paragraph (a), is not admissible as evidence in any civil or criminal proceeding.
- *SB170_R1* – 6 – (a) An all-terrain vehicle, including, without limitation, a large all-terrain vehicle ;
[without regard to whether that large all-terrain vehicle is registered by the Department in accordance with NRS 490.0825 as a motor vehicle intended to be operated upon the highways of this State;] - *SB170* – 6 – (b) An all-terrain motorcycle;
and (g) Three members, appointed by the Governor, who reside in the State of Nevada and have participated in recreational activities - *SB170_R1* – 7 – 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:
- *SB170* – 7 – (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;
and (c) The Director of the Department of Tourism and Cultural AffairsAffairs; .
[;and (d) The Director of the Department of [Motor Vehicles.] Wildlife.
and (d) The Director of the Department of Motor Vehicles.] 4.
- *SB170_R1* – 8 – (a) 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.
(b) Who is not an officer or employee of the State of Nevada is entitled to receive, if money is available for that purpose, a salary of - *SB170* – 8 – not more than $80 per day for each day of attendance at a meeting of the Commission.
- *SB170_R1* – 9 – (2) The application for the grant address all applicable laws and regulations, including, without limitation, those concerning:
- *SB170* – 9 – (II) Ecological, cultural and archaeological sites in the area affected by the project;
(a) To pay for the operating expenses of the Commission, including, without limitation, any debts or obligations lawfully incurred by the Commission before July 1, 2017, and the administrative expenses of the Off-Highway Vehicles Program created by NRS 232.1585, including, without limitation, the - *SB170_R1* – 10 – administrative expenses associated with the registrationissuance of off-Off- highwayHighway vehiclesVehicle decals pursuant to section 3 of this act, consistent with the legislatively approved budget of the State Department of Conservation and Natural Resources pursuant to NRS 232.1585.
- *SB170* – 10 – (b) To fund a reserve amount as provided in the legislatively approved budget of the State Department of Conservation and Natural Resources pursuant to NRS 232.1585.
- *SB170_R1* – 11 – (b) Comply with the regulations adopted pursuant to subsection 5;
- *SB170* – 11 – 3.
- *SB170_R1* – 12 – [(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.] - *SB170* – 12 – (b) On or after July 1, 2011, shall, within 30 days after acquiring ownership of the off-highway vehicle [:
or - *SB170_R1* – 13 – (3) A county, incorporated city or unincorporated town in this State;
- *SB170* – 13 – (c) Is registered or certified in another state and is located in this State for not more than 15 days;
[or registration.] The Department may collect a fee to replace a certificate of title [or registration - *SB170_R1* – 14 – certificate, sticker or decal] that is lost, damaged or destroyed.
and - *SB170* – 14 – (b) Deposited with the State Treasurer for credit to the Revolving Account for the Administration of Off-Highway Vehicle Titling [and Registration] created by NRS 490.085.
The Commission shall determine the fee for the annual registration[registration] Off-Highway Vehicle decal of an off-highway vehicle issued pursuant to [NRS 490.082 or 490.0825,] section 3 of this act, but such fee must not be less than $20 or more than $30.
Money - *SB170_R1* – 15 – received from the payment of the fees described in this subsection must be deposited with the State Treasurer for credit to the [Revolving] Account for [the Administration of] Off-Highway [Vehicle Titling and - *SB170* – 15 – Registration created by NRS 490.085.] Vehicles created by NRS 490.069 for use by the Off-Highway Vehicles Program created by NRS 232.1585.
[and] - *SB170_R1* – 16 – (b) [Is registered by the Department in accordance with NRS 490.0825 as a motor vehicle intended to be operated upon the - *SB170* – 16 – highways of this State.] Large all-terrain vehicle has been issued an annual registrationOff-Highway Vehicle decal pursuant to section 3 of this act;
or (d) Unless it is a large all-terrain vehicle registered[registered [pursuantpursuant to NRS 490.0825]490.0825 andand] being operated in accordance with NRS 490.105.
Ensure that the annual registration[registration] Off-Highway Vehicle decal of the off-highway vehicle is attached to the vehicle in accordance with [NRS 490.083] section 3 of this act or a special plate issued pursuant to NRS 490.0827 is attached to the vehicle;
- *SB170_R1* – 17 – Sec.
The - *SB170* – 17 – Department shall afford to any person so fined an opportunity for a hearing pursuant to the provisions of NRS 233B.121.
Except as otherwise provided in subsections 3 and 4,4 [,] and section 4 of this act, it is a misdemeanor for any person to violate any of the provisions of this chapter unless the violation is by this section or other provision of this chapter or other law of this State declared to be a gross misdemeanor or a felony.
Except as otherwise provided in subsection 4,4 [,] and section 4 of this act, a person who violates a provision of this chapter relating to the registrationOff-Highway Vehicle decal or the [registration or] operation of an off-highway vehicle is guilty of a misdemeanor and shall be punished by a fine not to exceed $100.
or - *SB170_R1* – 18 – (c) Fails or refuses to surrender, upon demand, to a peace officer or to an authorized representative of the Department the evidence of insurance, is guilty of a misdemeanor and shall be punished by a fine not to exceed $100.
- *SB170* – 18 – 5.
A parent or legal guardian of a child who is less than 16 years of age who knowingly allows the child to operate, use or ride, as applicable, an off-highway vehicle in this State without a helmet in violation of section 4 of this act is guilty of a misdemeanor and shall be punished by a fine not to exceed $100.
In administering the Program, the Director shall [, within the limits of authorized expenditures:] :
[, within the limits of authorized expenditures:] (a) Administer the Account for Off-Highway Vehicles created by NRS 490.069;
[and] (b) [Provide] Administer the registrationissuance of off-highwayOff-Highway vehiclesVehicle decals pursuant to section 3 of this act;
- *SB170**SB170_R1* – 19 – (a) The operating expenses of the Commission on Off-Highway Vehicles;
The Legislative Counsel shall, in preparing the reprint and supplements to the Nevada AdministrativeRevised Code,Statutes, appropriately change any references to an officer, agency or other entity whose name hasis been changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
5.
The Legislative Counsel shall, in preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name has been - *SB170_R1* – 20 – changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
-approval.7. *SB170* – 20 – 1.c.Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;
and1. 2.
OnThis Julysection 1,becomes 2022,effective forupon allpassage otherand purposes.2.
Sections 1 to 26, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;
and (b) On July 1, 2022, for all other purposes.
(c) Proof satisfactory to the Department that the applicant carries insurance on the vehicle provided by an insurance company licensedrieslicensed by the Division of Insurance of the Department of Business and Industry and approved to do business in this State which meets the requirements of NRS 485.185;
and (d) A declaration signed by the applicant that he or she will maintain the insurance required by this section during the period of reg490.083 Form, size, number and display of registration.
490.083 Form, size, number and display of registration.
- *SB170_R1* – 21 – (b) Be at least 3 inches high by 3 1/2 inches wide and display notnot(c) moreInclude thanthe fourunique charactersvehicle thatidentification arenumber, atserialgh. least 1 1/4 inches high.
(c) Include the unique vehicle identification number, serial number or distinguishing number obtained pursuant to NRS 490(d)490.0835 Befor displayed on the off-highway vehiclevehicle. in the manner set forth by the Commission.
-(d) *SB170*Be –displayed 21on –the 2.off-highway vehicle in the manner set for2.
The registration sticker or decal of a large all-terrain vehicle registered pursuant to NRS 490.0825 must be distinguishable from the sticker or decal of an off-highway vehicle registered pursuant to NRS 490.082 in a manner to be determined by the Department.
H - *SB170**SB170_R1*
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View plain text versions (2)
- Reprint 1 View text Current pdf
- Introduced As Introduced pdf
Amendments
1 amendmentClick Show changes on an amendment above to see how it modifies the bill.
Action History
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(Pursuant to Joint Standing Rule No. 14.3.2, no further action allowed.)
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From printer. To engrossment. Engrossed. First reprint. Taken from General File. Placed on Secretary's desk.
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From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 122.) To printer.
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Notice of eligibility for exemption.
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From printer. To committee.
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Read first time. Referred to Committee on Growth and Infrastructure. To printer.
Sponsors
- Senate Committee on Growth and Infrastructure · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 66 not signed on
Sponsors (1)
- Senate Committee on Growth and Infrastructure
Co-sponsors (0)
None.
Not signed on (66)
66 members have not signed on to this bill.
Show all 66 →"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.
Subjects
Frequently asked questions
- Who sponsors SB 170?
- SB 170 is sponsored by Senate Committee on Growth and Infrastructure.
- What is the current status of SB 170?
- This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 170?
- Track SB 170 free on One Click Politics — get push/email alerts when it moves.
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