Bill Summary for H 882 (2011-2012)

Summary date: 

May 3 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 882 (Public) Filed Tuesday, May 3, 2011
TO REQUIRE ALL-TERRAIN VEHICLES AND MOTORCYCLES MEETING CERTAIN CRITERIA TO BE REGISTERED WITH THE WILDLIFE RESOURCES COMMISSION, TO CHARGE A REGISTRATION FEE FOR ALL-TERRAIN VEHICLES OR MOTORCYCLES REGISTERED FOR OFF-ROAD USE, TO CREATE A SPECIAL REVENUE FUND IN THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DESIGNATED AS THE ALL-TERRAIN VEHICLE AND MOTORCYCLE OFF-ROAD FUND TO BE USED FOR ACQUISITION, CONSTRUCTION, MAINTENANCE, AND OPERATION OF ALL-TERRAIN VEHICLE AND MOTORCYCLE RECREATION TRAILS, AND TO PROVIDE SAFETY TRAINING FOR OPERATORS OF ALL-TERRAIN VEHICLES AND MOTORCYCLES REGISTERED FOR OFF-ROAD USE.
Intro. by Crawford.

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Bill summary

Amends Article 21 of GS Chapter 113 by adding new GS 113-278, requiring registration with the Wildlife Resources Commission (Commission) of an all-terrain vehicle (ATV) or motorcycle that meets all of the following criteria: (1) it is not otherwise required to be registered, (2) it was manufactured in 2005 or later, and (3) it is intended for off-road operation. Provides an exemption from the registration requirements for vehicles that are: (1) exempted from registration under GS 20-51; (2) used primarily for agricultural purposes; or (3) used by law enforcement, fire, rescue, and emergency medical service personnel in the performance of their duties.
Provides the method of registration, information needed, and registration and title fees to be paid when registering an ATV or motorcycle with the Commission. Clarifies that motorcycles registered for off-road use (as well as all-terrain vehicles registered for off-road use) are not required to have insurance or provide proof of financial responsibility prior to the vehicle being registered.
Enacts new GS 113A-96, creating the All-Terrain Vehicle and Motorcycle Off-Road Fund (Fund) in the Department of Environment and Natural Resources. Provides that the Fund is a special revenue fund, with monies from state and private sources dedicated to ATV and motorcycle recreation trails credited to the Fund. Provides, unless otherwise specified by the General Assembly, that the funds be used as follows: (1) at least 77% for acquisition, construction, maintenance, and operation of ATV and motorcycle recreation trails and to provide law enforcement on recreational trails; (2) up to 20% for safety training for operators of ATV and motorcycles registered for off-road use; and (3) up to 3% for administration of the Fund. Provides criteria for awarding grants from the Fund.
Amends GS 143B-333 to add the following to the duties of the NC Trails Committee: recommending to the Secretary expenditures from the Fund in the form of grants to federal, state, and local governments, and qualified nonprofit organizations, to be used for the acquisition, construction, maintenance, and operation of ATV and motorcycle recreation trails; to provide law enforcement on recreational trails; and to provide safety training for the operators of ATVs and motorcycles registered for off-road use. Provides general criteria for the awarding of the grants.
Amends GS 113A-88 to direct the Secretary to award grants from the Fund, based on the recommendation of the North Carolina Trails Committee. Effective July 1, 2011.

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