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It looks like a bill is moving along in Nevada to register OHV's with money collected going into the State General Fund. Ouch.

If you live in Nevada, contact your dealer and let them know how you feel about being taxed without benefit (kinda like the CA green sticker, hah!).

Jon

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This is going out to all dealers in Nevada:

Dear Dealers,

Enclosed for your review is a copy of the bill that will be introduced for the upcoming legislative session. We are sending you a copy so that you can review the bill and send back any suggestions or comments so that if any modifications need to be made that we will have sufficient time to make any changes. As you are already aware the issue of losing sales to out of state purchases is becoming an ever increasing problem. We as dealers are constantly losing sales to customers going out of state to purchase ATV's so that when they return to Nevada they don't pay the sales tax. The state of Nevada is already losing the revenue from sales tax and now the governor of our great state is having to make changes to help boost our state revenue by increasing taxes. We have to help ourselves as dealers and our state by making this initiative a new law that will benefit everybody. Either fax or call with your comments or suggestions. I look forward to hearing from you soon on this issue.

Sincerely,

Neal A. Grasteit
Preferred Motors & Marine
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Here's the text of the propsed bill:

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.

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 vehicle; 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 hereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS;

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

480.420 "Off-road vehicle" has the meaning ascribed to it in section 3 of this act.

Sec. 2. Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 10, inclusive, of this act.

Sec 3. 1. "Off-road vehicle" means a motorized device that:

(a) Is used for recreational purposes on:

(1) Natural terrain, including, without limitation, dirt, water, snow, ice, marshes, swamps, rivers and lakes; or

(2) Terrain that has been altered or otherwise manipulated for the specific purpose of off-highway recreational use, including, without limitation, off-highway vehicle parks;

(b) Is required to be registered pursuant to subsection 1 of section 5 of this act or is exempt from registration pursuant to subsection 2 of section 5 of this act; and

(c) Is not required to be registered with the Department as a vehicle pursuant to NRS 482.205 to 482.290, inclusive.

2. The term includes, without limitation:

(a) Motorcycles that are not intended to be operated upon any highway;

(b) Dune buggies;

(c) Snowmobiles;

(d) Amphibious devices; and

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

3. The term does not include a boat.

Sec. 4 As used in sections 4 to 10, inclusive, of this act, unless the context otherwise requires, "owner" means a person who holds legal title to or an interest in the title of an off-road vehicle and whose name appears on the certificate of title. The term does not include a lien holder.

Sec. 5 1. Except as otherwise provided in subsection 2, every owner who intends to operate his off-road vehicle in this state must, before operating the off-road vehicle in this state, register the off-road vehicle with the Department in accordance with the regulations adopted by the Department pursuant to section 7 of this act.

2. A resident of another state who owns an off-road vehicle and who has registered the off-road vehicle in that state may operate the off-road vehicle in this state without registering the off-road vehicle pursuant to this section if the state in which the off-road vehicle is registered does not require the registration of an off-road vehicle that is registered pursuant to this section before the operation of the off-road vehicle in that state.

Sec 6. Upon the sale of an off-road vehicle to a customer, a dealer shall apply to the Department for a certificate of title in the name of the owner of the off-road vehicle.

Sec 7. 1. The Department shall adopt regulations providing the forms, requirements and procedures for the:

(a) Registration of an off-road vehicle;

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

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

2. The regulations adopted pursuant to subsection 1 must provide for:

(a) An application for the registration of an off-road vehicle. The application must:

(1) Include, without limitation, the name and address of each owner of the off-road vehicle; and

(2) Be accompanied by a certificate of title that shows the person who is registering the off-road vehicle is owner of the off-road vehicle.

(b) The issuance of a decal by the Department for each off-road vehicle registered by the Department. The owner of the off-road vehicle must place the decal in a conspicuous place on the off-road vehicle as specified by the Department. If the owner loses the decal before the registration expires, the owner may obtain a replacement decal from the Department upon payment of a fee that equals the cost to the Department of obtaining or creating the decal, as appropriate.

(c) The expiration of the registration of an off-road vehicle 1 year after the date the off-road vehicle is registered with the Department.

(d) The collection of a fee of $25 by the Department upon the submission of

(1) An application for the registration of an off-road vehicle; or

(2) An application for the renewal of the registration of an off-road vehicle.

3. To the extent not otherwise specifically provided for in this section, the regulations adopted pursuant to this section must be, insofar as practicable, substantially similar to the provisions of this chapter that relate to the registration of a vehicle.

Sec 8. 1. The Department shall adopt regulations providing the forms, requirements and procedures for the issuance of a certificate of title for an off-road vehicle.

2. The regulations adopted pursuant to subsection 1 must provide:

(a) The titling of all off-road vehicles owned by residents of this state, regardless of whether such off-road vehicles were purchased before or after July 1, 2004;

(b) The validity of a certificate of title for an off-road vehicle until the certificate is canceled by the Department; and

(c) The collection of a reasonable fee by the Department for issuing a certificate of title for an off-road vehicle.

3. To the extent not otherwise specifically provided for in this section, the regulations adopted pursuant to this section must be, insofar as practicable, substantially similar to the provisions of this chapter that relates to the issuance of a certificate of title for a vehicle.

Sec 9. 1. Except as otherwise provided in this section, all money collected by the Department pursuant to sections 7 and 8 of this act must be deposited in the State General Fund.

2. The Department may retain not more than 1 percent of the money collected pursuant to sections 7 and 8 of this act to cover the administrative expenses of the Department in carrying out the provisions of sections 4 to 10, inclusive, of this act.

Sec 10. Nothing in sections 4 to 10, inclusive, of this act may be interpreted to grant a person the right or authority to enter upon private property without the permission of the property owner.

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

482.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 482.011 to 482.137, inclusive, and section 3 of this act have the meanings ascribed to them in those sections.

Sec 12. NRS 482.085 is hereby amended to read as follows;

482.085 Except as otherwise provided in section 4 of this act, "owner" means a person who holds the legal title of a vehicle and whose name appears on the certificate of ownership, and any lien holder whose name appears on the certificate of ownership. If a vehicle is the subject of an agreement for the conditional sale or lease thereof with or without the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or if a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter.

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

482.135 1. "Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.

2. Except as otherwise provided in this section, the term includes an off-road vehicle as defined in section 3 of this act.

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

(a) For the purposes of the registration of the off-road vehicle and the issuance of an certificate of title for the off-road vehicle, and the disposition of proceeds there from:

(b) If otherwise provided by law; or

(c) If the context otherwise requires.

4. The term does not include mobile homes or commercial coaches as defined in chapter 489 of NRS.

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

482.180 1. The Motor Vehicle Fund is hereby created as an agency fund. Except as otherwise provided in subsection 4 and section 9 of this act, or by a specific statute, all money received or collected by the Department must be deposited in the State Treasury for credit to the Motor Vehicle Fund.

2. The interest and income on the money in the Motor Vehicle Fund, after deducting any applicable charges, must be credited to the State Highway Fund.

3. Any check accepted by the Department in payment of the governmental services tax or any other fee required to be collected pursuant to this chapter must, if it is dishonored upon presentation for payment, be charged back against the Motor Vehicle Fund or the county to which the payment was credited pursuant to this section or NRS 482.181, in the proper proportion.

4. Except as otherwise provided in subsection 5, all money received or collected by the Department for the basic governmental services tax must be distributed in the manner set forth in NRS 482.181.

5. Money for the administration of the provisions of this chapter must be provided by direct legislative appropriation from the State Highway Fund or other legislative authorization, upon the presentation of budgets in the manner required by law. Out of the appropriation or authorization, the Department shall pay every item of expense.

6. The Department shall withhold 6 percent from the amount of the governmental services tax collected by the Department as a commission. From the amount of the governmental services tax collected by a county assessor, the State Controller shall credit 1 percent to the Department as a commission and remit 5 percent to the county for credit to its general fund as commission for the services of the county assessor. All money withheld by or credited to the Department pursuant to this subsection must be used only for the administration of this chapter as authorized by the Legislature pursuant to subsection 5.

7. When the requirements of this section and NRS 482.181 have been met, and when directed by the Department, the State Controller shall transfer monthly to the State Highway Fund any balance in the Motor Vehicle Fund.

8. If a statute requires that any money in the Motor Vehicle Fund be transferred to another fund or account, the Department shall direct the State Controller to transfer the money in accordance with the statute.

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

371.020 As used in this chapter, unless the context otherwise requires:

1. "Department" means the Department of Motor Vehicles.

2. "Vehicle" means any vehicle required to be registered pursuant to the provisions of chapter 482 or 706 of NRS, except mobile homes as defined in NRS 482.067 and off-road vehicles as defined in section 3 of this act.

Sec 16. This act becomes effective upon passage and approval for the purpose of adopting regulations by the Department of Motor Vehicles pursuant to sections 7 and 8 of this act and on July 1, 2004, for all other purposes.
 
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