AB548 - Revises provisions relating to vessels. (BDR 43-1127)

REQUIRES TWO-THIRDS MAJORITY VOTE EXEMPT (§§ 1, 2, 4) A.B. 548 - *AB548* ASSEMBLY BILL NO. 548–COMMITTEE ON WAYS AND MEANS (ON BEHALF OF THE OFFICE OF FINANCE IN THE OFFICE OF THE GOVERNOR) APRIL 7, 2025 ____________ Referred to Committee on Ways and Means SUMMARY—Revises provisions relating to vessels. (BDR 43-1127) FISCAL NOTE: Effect on Local Government: No. 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 vessels; requiring the Board of Wildlife Commissioners to establish by regulation certain fees concerning the numbering and titling of certain power- driven vessels; revising the purposes for which the money from such fees and other fees relating to vessels may be used; revising provisions relating to the deposit of money from certain fees by the Department of Wildlife with the State Education Fund; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires, with certain exceptions, every power-driven vessel for 1 which this State is the principal state of operation to be numbered and titled. (NRS 2 488.065) Existing law further requires the owner of each power-driven vessel 3 which is required to be numbered to file an application for a number and a 4 certificate of ownership with the Department of Wildlife. Existing law requires 5 such an application to be accompanied by an annual fee, the amount of which is 6 prescribed in existing law and determined by the straight line length of the power- 7 driven vessel, which is measured from the tip of the bow to the back of the transom 8 of the power-driven vessel. Finally, existing law requires the Board of Wildlife 9 Commissioners to adopt regulations providing for the renewal of a certificate of 10 number by the purchase of a validation decal and provides that the amount of the 11 fee for issuing a duplicate validation decal is $20. (NRS 488.075) Section 1 of this 12 bill removes the amounts set forth in existing law for such fees and instead requires 13 the Commission to establish by regulation: (1) a schedule of fees for the issuance 14 and renewal of the certificate, which must be based on the straight line length of a 15 power-driven vessel and the same for each; and (2) fees for issuing a duplicate 16 – 2 – - *AB548* validation decal. Section 2 of this bill makes a conforming change to provide that 17 the fee for the issuance or renewal of a certificate of number for 2 years, if allowed, 18 is an amount which is equal to twice the annual fee for the vessel set forth in such 19 regulations. 20 Section 1 further authorizes the money from such fees and other fees relating to 21 vessels be expended only for projects to increase education concerning and access 22 to boating and the administration and enforcement of certain provisions relating to 23 vessels and wildlife, including, without limitation, any costs incurred when 24 assisting a law enforcement agency in the enforcement of the laws of this State that 25 are within the jurisdiction of a game warden. 26 Existing law requires the Department to, on or before December 31 of each 27 year, deposit with the State Education Fund 50 percent of each fee collected 28 according to the length of the power-driven vessel for every power-driven vessel 29 registered. (NRS 488.075) Section 1 instead requires the Department to, on or 30 before July 31 of each year, deposit with the Fund $800,000 from such fees 31 received by the Department. Section 5 of this bill makes a conforming change to 32 reflect the requirement for the Department to deposit a fixed amount of money in 33 the Fund instead of a portion of the fees. 34 Existing law provides, with certain exceptions, that no transfer of title to or any 35 interest in any power-driven vessel that is required to be numbered is effective until 36 the transferor: (1) has properly endorsed and delivered certain documents to the 37 transferee and the transferee has timely delivered such documents or placed such 38 documents in the United States mail addressed to the Department with the transfer 39 fee; or (2) has delivered or placed in the United States mail addressed to the 40 Department the appropriate documents for the transfer of ownership pursuant to the 41 sale or transfer. (NRS 488.1793) Section 4 of this bill requires the Commission to 42 prescribe a fee for the transfer of title of a power-driven vessel. Section 3 of this 43 bill makes a conforming change to reflect that such a fee is prescribed by regulation 44 of the Commission. 45 Section 6 of this bill provides that the existing fees for numbering and 46 transferring the title of a vessel remain in effect until the Commission has 47 established such fees by regulation. 48 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 488.075 is hereby amended to read as follows: 1 488.075 1. The owner of each power-driven vessel requiring 2 numbering by this State shall file an application for a number and 3 for a certificate of ownership with the Department on forms 4 approved by it accompanied by: 5 (a) Proof of payment of Nevada sales or use tax as evidenced by 6 proof of sale by a Nevada dealer or by a certificate of use tax paid 7 issued by the Department of Taxation, or by proof of exemption 8 from those taxes as provided in NRS 372.320. 9 (b) Such evidence of ownership as the Department may require. 10  The Department shall not issue a number, a certificate of number 11 or a certificate of ownership until this evidence is presented to it. 12 2. The application must be signed by the owner of the power- 13 driven vessel and must be accompanied by: 14 – 3 – - *AB548* (a) A fee of $20 for the certificate of ownership; and 1 (b) Except as otherwise provided in subsection 2 of NRS 2 488.125, [an] the appropriate annual fee [according to the following 3 schedule as determined] established by the Commission pursuant 4 to subsection 4. [straight line length which is measured from the tip 5 of the bow to the back of the transom of the power-driven vessel: 6 7 Less than 13 feet ................................................................. $20 8 13 feet or more but less than 18 feet ..................................... 25 9 18 feet or more but less than 22 feet ..................................... 40 10 22 feet or more but less than 26 feet ..................................... 55 11 26 feet or more but less than 31 feet ..................................... 75 12 31 feet or more ................................................................. 100] 13 14 3. Except as otherwise provided in this subsection, all fees 15 received by the Department under the provisions of this chapter 16 must be deposited in the Wildlife Account in the State General Fund 17 and, except as otherwise provided in NRS 488.536, may be 18 expended only for projects to increase education concerning and 19 access to boating and the administration and enforcement of the 20 provisions of this chapter [.] and the provisions of title 45 of NRS, 21 including, without limitation, any costs incurred when assisting a 22 law enforcement agency in the enforcement of the laws of this 23 State that are within the jurisdiction of a game warden. On or 24 before [December] July 31 of each year, the Department shall 25 deposit with the State Education Fund [50 percent of each fee 26 collected according to the length of] $800,000 from the [power- 27 driven vessel for every power-driven vessel registered.] fees 28 received by the Department in the previous fiscal year under the 29 provisions of this section. Upon receipt of the application in 30 approved form, the Department shall enter the application upon the 31 records of its office and issue to the applicant a certificate of number 32 stating the number awarded to the power-driven vessel, a certificate 33 of ownership stating the same information and the name and address 34 of the registered owner and the legal owner. 35 [3.] 4. The Commission shall adopt regulations [providing] 36 establishing a schedule of fees for the [renewal] issuance of a 37 certificate of number and the renewal of the certificate by the 38 purchase of a validation decal. The [fee for a validation decal is 39 determined by] fees established pursuant to this subsection must: 40 (a) Be based on the straight line length of the power-driven 41 vessel [and] which is [equivalent] measured from the tip of the bow 42 to the [fee set forth in the schedule provided in paragraph (b) of 43 subsection 2. The amount] back of the transom of the power-driven 44 vessel; 45 – 4 – - *AB548* (b) Be the same for the issuance and renewal; and 1 (c) Include a fee for issuing a duplicate validation decal . [is 2 $20. 3 4.] 5. The owner shall paint on or attach to each side of the 4 bow of the power-driven vessel the identification number in such a 5 manner as may be prescribed by regulations of the Commission in 6 order that the number may be clearly visible. The number must be 7 maintained in legible condition. 8 [5.] 6. The certificate of number must be available at all times 9 for inspection on the power-driven vessel for which issued, 10 whenever the power-driven vessel is in operation. 11 [6.] 7. The Commission shall provide by regulation for the 12 issuance of numbers to manufacturers and dealers which may be 13 used interchangeably upon power-driven vessels operated by the 14 manufacturers and dealers in connection with the demonstration, 15 sale or exchange of those power-driven vessels. The amount of the 16 fee for each such a number is $20. 17 Sec. 2. NRS 488.125 is hereby amended to read as follows: 18 488.125 1. Every certificate of number awarded pursuant to 19 the provisions of this chapter shall continue in full force and effect 20 for a period of 1 year, or 2 years if allowed by regulations adopted 21 by the Commission, unless sooner terminated or discontinued in 22 accordance with the provisions of this chapter. 23 2. The fee for the issuance or renewal of a certificate of number 24 for 2 years, if allowed, is an amount which is equal to twice the 25 annual fee for the vessel set forth in [paragraph (b) of] the 26 regulations adopted by the Commission pursuant to subsection [2] 27 4 of NRS 488.075. 28 3. Certificates of number may be renewed by the owner in 29 accordance with regulations adopted pursuant to subsection [3] 4 of 30 NRS 488.075. 31 Sec. 3. NRS 488.1793 is hereby amended to read as follows: 32 488.1793 Except as otherwise provided for the creation or 33 transfer of a security interest or the transfer on death of a certificate 34 of ownership pursuant to NRS 488.1794, no transfer of title to or 35 any interest in any power-driven vessel required to be numbered 36 under this chapter is effective until one of the following conditions 37 is fulfilled: 38 1. The transferor has properly endorsed and delivered the 39 certificate of ownership and has delivered the certificate of number 40 to the transferee as provided in this chapter, and the transferee has, 41 within the prescribed time, delivered the documents to the 42 Department or placed them in the United States mail addressed to 43 the Department with the [transfer] fee [.] prescribed by the 44 Commission pursuant to NRS 488.1795. 45 – 5 – - *AB548* 2. The transferor has delivered to the Department or placed in 1 the United States mail addressed to the Department the appropriate 2 documents for the transfer of ownership pursuant to the sale or 3 transfer. 4 Sec. 4. NRS 488.1795 is hereby amended to read as follows: 5 488.1795 1. The Commission shall adopt regulations 6 prescribing a fee for the transfer of title of a power-driven vessel. 7 2. Upon receipt of a properly endorsed certificate of ownership 8 and the certificate of number of any power-driven vessel, the 9 transferee shall within 10 days file with the Department the 10 certificates, accompanied by [a] the fee [of $20, with the 11 Department] prescribed pursuant to subsection 1, and thereby 12 make application for a new certificate of ownership and, when 13 required, a new certificate of number. 14 Sec. 5. NRS 387.1212 is hereby amended to read as follows: 15 387.1212 1. The State Education Fund is hereby created as a 16 special revenue fund to be administered by the Superintendent of 17 Public Instruction for the purpose of supporting the operation of the 18 public schools in this State. The interest and income earned on the 19 money in the Fund, excluding the direct legislative appropriation 20 from the State General Fund required by subsection 3, must, after 21 deducting any applicable charges, be credited to the Fund. 22 2. Money which must be deposited for credit to the State 23 Education Fund includes, without limitation: 24 (a) All money derived from interest on the State Permanent 25 School Fund, as provided in NRS 387.030; 26 (b) The proceeds of the tax imposed pursuant to NRS 244.33561 27 and any applicable penalty or interest, less any amount retained by 28 the county treasurer for the actual cost of collecting and 29 administering the tax; 30 (c) The proceeds of the tax imposed pursuant to subsection 1 of 31 NRS 387.195; 32 (d) The money identified in subsection 9 of NRS 120A.610; 33 (e) The portion of the money in each special account created 34 pursuant to subsection 1 of NRS 179.1187 which is identified in 35 paragraph (d) of subsection 2 of NRS 179.1187; 36 (f) The money identified in paragraph (d) of subsection 6 of 37 NRS 278C.250; 38 (g) The money identified in subsection 1 of NRS 328.450; 39 (h) The money identified in subsection 1 of NRS 328.460; 40 (i) The money identified in paragraph (a) of subsection 2 of 41 NRS 360.850; 42 (j) The money identified in paragraph (a) of subsection 2 of 43 NRS 360.855; 44 – 6 – - *AB548* (k) The money required to be transferred to the State Education 1 Fund pursuant to NRS 362.100; 2 (l) The money required to be deposited to the credit of the State 3 Education Fund pursuant to subsection 4 of NRS 362.170; 4 (m) The portion of the proceeds of the tax imposed pursuant to 5 subsection 1 of NRS 372A.290 identified in paragraph (b) of 6 subsection 4 of NRS 372A.290; 7 (n) The proceeds of the tax imposed pursuant to [Text truncated for display. 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