House Bill 1238

AN ACT TO REQUIRE THE OWNER OF AN ALL-TERRAIN VEHICLE TO REGISTER SUCH VEHICLE WITH THE SHERIFF'S DEPARTMENT OF THE COUNTY OF HIS OR HER RESIDENCE; TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO ESTABLISH A STATEWIDE ALL-TERRAIN VEHICLE REGISTRATION NETWORK DESIGNED TO PROVIDE IMMEDIATE RESPONSE TO SHERIFFS' DEPARTMENTS AND LAW ENFORCEMENT AGENCIES WITH REGARD TO REPORTS OR COMPLAINTS OF STOLEN OR MISSING ALL-TERRAIN VEHICLES; TO PROVIDE FOR THE COLLECTION AND DISPOSITION OF FEES FOR OPERATION AND MAINTENANCE OF THE NETWORK; TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO DEVELOP AND OFFER AN ALL-TERRAIN VEHICLE SAFETY COURSE CONDUCTED BY AND USING COURSE MATERIALS, CURRICULA AND INSTRUCTORS PROVIDED BY THE DEPARTMENT; TO PROVIDE THAT THE COURSE SHALL BE AVAILABLE FREE OF CHARGE TO ANY PERSON WHO WISHES TO PARTICIPATE IN THE COURSE WHO HAS REGISTERED HIS ALL-TERRAIN VEHICLE AS PROVIDED UNDER THIS ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) The term "all-terrain vehicle" or "ATV," as used in this section, means any motorized vehicle manufactured and designed exclusively for off-road use that is fifty (50) inches or less in width, has an unladen dry weight of seven hundred fifty (750) pounds or less, travels on three (3), four (4) or more low pressure tires, has a seat designed to be straddled by the operator and uses handlebars for steering control.

(2) Beginning July 1, 2007, every owner of an all-terrain vehicle who is a resident of this state, shall register such vehicle with the sheriff of the county in which the owner resides. Registration shall be made in duplicate on a form prepared and provided to the sheriff by the Mississippi Department of Public Safety. Each form shall include (a) the name and address of the owner of the vehicle; (b) the age and sex of the owner; (c) the make, model and serial number of the vehicle; (d) the name and address of the person, firm or business from whom such vehicle was acquired or purchased and the date of acquisition or purchase; and (e) the place where such vehicle is usually kept.

(3) The original registration form shall be retained by the sheriff in a safe and convenient file to be furnished him by the board of supervisors for that purpose and also may be recorded on computer or other electronic format. All registrations shall be filed and arranged and/or formatted for retrieval in alphabetical order and shall be open to public inspection as required under the Mississippi Public Records Act of 1983. A copy of the registration form shall be forwarded to the Department of Public Safety within thirty (30) days after completion of registration. The department shall file and maintain copies of all registrations filed with it and shall establish and maintain a statewide ATV registration network designed to provide immediate response to sheriffs' departments and other law enforcement agencies with regard to reports or complaints of stolen or missing ATVs. At the time of registration, the sheriff shall issue to the registrant a decal for placement on the ATV. The decal shall be designed by the Department of Public Safety and shall be provided to the sheriff by the department. Each decal shall contain such numbers and/or other vehicle identifying information as the Department of Public Safety may prescribe.

(4) At the time of registration, the registrant shall pay to the sheriff a one-time fee of Ten Dollars ($10.00). Six Dollars ($6.00) of the fee shall be forwarded to the Department of Public Safety at the time that the sheriff's department is required under subsection (3) of this section to provide the department with a copy of the registration. Four Dollars ($4.00) of the fee shall be retained by the sheriff and shall be paid to the chancery clerk for deposit into the general fund of the county. The fees received by the Department of Public Safety shall be deposited into the Department of Public Safety Administrative Fund created under Section 45-1-21 and may be expended by the department, upon appropriation by the Legislature, for the expenses the department incurs in complying with the provisions of this section.

(5) The Department of Public Safety shall develop and offer an all-terrain vehicle safety course conducted by and using course materials, curricula and instructors provided by the department. The course shall be available free of charge to any person who wishes to participate in the course who has registered his all-terrain vehicle as provided under this section. The department shall issue a certificate to each person who satisfactorily completes such course.

SECTION 2. This act shall take effect and be in force from and after July 1, 2007.