Changes to Existing Law

Real property, for the purposes of ad valorem taxation, includes: (1)Land and all rights and privileges thereto belonging; (2)Improvements to land and all rights and privileges thereto belonging, consisting of19 items permanently affixed to and becoming part of the real estate. The term, permanently affixed, refers to the economic life of the improvement rather than21 perpetuity; (3)Mines, minerals, and quarries; (4)Buildings and structures which are on foundations, and improvements to buildings24 - 4 -SB and structures including any heating system, air conditioning, ventilation, sanitation, lighting, or plumbing which is part of the building or structure; and2 (5)Mobile homes, as defined in subdivision 32-3-1(8) § 32-3-1, which are on3 foundations. For assessment purposes, a structure is anything constructed or erected from an assembly5 of materials, which requires a permanent location on or in the ground. For assessment purposes, a building is a structure designed to stand permanently and cover7 a space of land which is enclosed by walls and is covered with a roof.

Real property, for the purposes of ad valorem taxation, includes manufactured10 homes as defined in subdivision 32-3-1(6) and mobile homes, as defined in subdivision 32-3- 1(8) § 32-3-1. This section does not apply to any manufactured home in the inventory of any12 dealer as defined in subdivision 32-7A-1(2) § 32-7A-1.

Sales of sectional homes are subject to sales tax, which shall be based upon the18 fair market value of the raw materials used to construct each home. For the purpose of this section, the term, sectional homes, means any home pre-built in20 whole or in part for the purpose of permanent placement on a foundation. Mobile homes as defined in subdivision 32-3-1(8) and manufactured homes, as defined in subdivision 32-3-1(6) § 32-3-1 are not sectional homes.

24 - 5 -SB 10-46-5.1. If a sectional home is permanently affixed to real property, it is not a vehicle1 subject to registration under chapter 32-3, and shall be classified as real property. A contractor2 who erects such a home shall hold a sales tax or use tax license and pay use tax based upon the3 fair market value of the raw materials used to construct and erect the home. For the purpose of this section, the term, sectional home, means any home pre-built in part5 or in whole for the purpose of permanent placement on a foundation. Mobile homes as defined by subdivision 32-3-1(8) and manufactured homes, as defined in subdivision 32-3-1(6) § 32-3-1 are not sectional homes.

As used in this chapter, unless the context otherwise plainly requires, "mobile home" means a mobile home as that term is defined in subdivision § 32-3-1(8) § 32-3-1.

24 - 25 -SB 32-10-1. Terms used in this chapter mean: (1)"Administrator," the secretary of revenue; (2)"Commercial vehicle," any vehicle which is operated in interstate commerce in3 furtherance of any commercial enterprise; (3)"Department," the Department of Revenue; (4)"Interstate commerce," the movement of a vehicle between jurisdictions but does not6 include the movement of any vehicle which transports or is being used to transport7 persons or property, the transportation of which originates in one jurisdiction and8 passes into or through another jurisdiction or jurisdictions, for delivery in the9 jurisdiction in which the transportation originated; (5)"Jurisdiction," a state, district, territory, or possession of the United States, a foreign11 country, and a state or province of a foreign country; (6)"Motor vehicle," shall have the meaning ascribed to it by § 32-9-1; (7)"Owner," as defined in subdivision 32-3-1(16) § 32-3-1, except that for the purposes14 of proportional registration of vehicles as authorized and provided in §§ 32-10-1015 and 32-10-15 to 32-10-28, inclusive, "owner" means a person who holds a legal title16 of a vehicle, or in the event a vehicle is the subject of an agreement for the17 conditional sale thereof with the right of purchase upon performance of the18 conditions stated in the agreement and with an immediate right of possession vested19 in the conditional vendee, or in the event while a vehicle is subject to a lease with an20 immediate right of possession vested in the lessee, or in the event a mortgagor of a21 vehicle is entitled to possession, then such conditional vendee, lessee or mortgagee22 is considered to be the owner; (8)"Person" shall have the meaning ascribed to it by § 32-9-1;24 - 26 -SB (9)"Preceding year," a period of twelve consecutive months fixed by the administrator1 which period shall be within the sixteen months immediately preceding the2 commencement of the registration or license year for which proportional registration3 is sought; and the administrator in fixing such period shall make it conform to the4 terms, conditions, and requirements of any applicable agreement or arrangement for5 the proportional registration of vehicles; and (10)(9)"Properly registered," as applied to place of registration: (a)The jurisdiction where the person registering the vehicle has his legal8 residence; or (b)In the case of a commercial vehicle, the jurisdiction in which it is registered10 if the commercial enterprise in which such vehicle is used has a place of11 business therein, and, if the vehicle is most frequently dispatched, garaged, serviced, maintained, operated, or otherwise controlled in or from such place13 of business, and, the owner has assigned the vehicle to such place of business; or15 (c)In the case of a commercial vehicle, the jurisdiction where, because of an16 agreement or arrangement between two or more jurisdictions, or pursuant to17 a declaration, the vehicle has been registered as required by said jurisdiction. In case of doubt or dispute as to the proper place of registration of a vehicle, the19 administrator shall make final determination, but in making such determination, may20 confer with administrators of the other states or jurisdictions affected; (11)"Vehicle" shall have the meaning ascribed to it by § 32-9-1.

Terms used in chapters 32-14 to 32-19, inclusive, 32-12 and 32-22 to 32-34, inclusive, mean: (1)"Alcoholic beverage," as that term is defined by subdivision 35-1-1(1) in § 35-1-1; (2)"Authorized emergency vehicle," a vehicle of a fire department, a police vehicle, an5 ambulance or emergency vehicle of a municipal department or public service6 corporation that is designated or authorized by the department or the Department of7 Health, and an emergency vehicle titled to a local organization for emergency8 management created pursuant to chapter 34-48A; (3)"Automobile transporter," a vehicle combination designed or modified to be used10 specifically for the transport of assembled highway vehicles; (4)"Boat transporter," a vehicle combination designed or modified to be used12 specifically for the transport of assembled or partially disassembled boats and boat13 hulls; (5)"Business district," the territory contiguous to a highway when fifty percent or more15 of the frontage thereon for a distance of three hundred feet or more is occupied by16 buildings in use for business; (6)"Commission," the Public Utilities Commission; (7)"Controlled drug or substance," as that term is defined in § 34-20B-3; (8)"Crosswalk," that part of a roadway at an intersection included within the20 connections of the lateral lines of the sidewalks on opposite sides of the highway21 measured from the curbs or, in the absence of curbs, from the edges of the traversable22 roadway; or any portion of a roadway at an intersection or elsewhere distinctly23 indicated for pedestrian crossing by lines or other markings on the surface;24 - 35 -SB (9)"Department," the Department of Public Safety of this state acting directly or through1 its duly authorized officers and agents; (10)"Electric bicycle," a bicycle or a tricycle that is: (a)Equipped with a seat or saddle for the cyclist; (b)Equipped with operable pedals for propulsion by the cyclist; (c)Equipped with an electric motor of seven hundred fifty watts or less; (d)Designated as a Class I electric bicycle if the motor provides assistance only when the cyclist is pedaling and ceases to provide assistance when a speed of twenty miles per hour is achieved; (e)Designated as a Class II electric bicycle if the motor is capable of propelling the bicycle without the cyclist pedaling and ceases to provide assistance when a speed of twenty miles per hour is achieved; and (f)Designated as a Class III electric bicycle if the motor provides assistance only when the cyclist is pedaling and ceases to provide assistance when a speed of twenty-eight miles per hour is achieved: and (11)"Farm tractor," a motor vehicle designed and used primarily as a farm implement for16 drawing plows, mowing machines, and other implements of husbandry; (11)(12)"Highway," the entire width between the boundary lines of every way publicly18 maintained when any part thereof is open to the use of the public as a matter19 of right for purposes of vehicular travel; (12)(13)"Intersection," the area embraced within the prolongation of the lateral curb21 lines or, if none, then of the lateral boundary lines of two or more highways22 which join one another at an angle, whether or not one such highway crosses23 the other. However, such area, in the case of the point where an alley and a24 - 36 -SB street meet within a municipality, is not an intersection; (13)(14)"Law enforcement officer," as that term is defined in § 23-3-27; (14)(15)"Local authorities," a county, municipal, township, road district, and other3 local board or body having authority to adopt local police regulations under4 the Constitution and laws of this state; (15)(16)"Metal tires," a tire the surface of which in contact with the highway is wholly6 or partly of metal or other hard, nonresilient material; (16)(17)"Motorcycle," a motor vehicle designed to travel on not no more than three8 wheels in contact with the ground, except any vehicle as may be included within the term, but excluding a tractor, as herein defined and an electric bicycle; (17)(18)"Motor vehicle," a vehicle, as herein defined, which that is self-propelled, but excluding an electric bicycle; (18)(19)"Official traffic control device," a sign, signal, marking, and or device not14 inconsistent with the law placed or erected by authority of a public body or15 official having jurisdiction, for the purpose of regulating, warning, or guiding16 traffic. The term also includes and including a flagman or a sign, signal, marking, or other device temporarily placed or erected by a person working18 upon, along, above, or under a highway installing or maintaining a public19 service facility and which is necessary or required to warn, direct, or otherwise20 control traffic during the time of work or when a hazard exists; (19)(20)"Owner," a person who holds the legal title of a vehicle or in the event a22 vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the24 - 37 -SB agreement and with an immediate right of possession vested in the conditional1 vendee or lessee, or in the event a mortgagor of a vehicle is entitled to2 possession, then the conditional vendee or lessee or mortgagor is the owner for3 the purpose of said the chapters to which these definitions apply; (20)(21)"Park or parking," the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in6 loading or unloading merchandise or passengers; (21)(22)"Pneumatic tire," a tire inflated with compressed air; (22)(23)"Private road or driveway," a road or driveway not open to the use of the9 public for purposes of vehicular travel; (23)(24)"Recreation vehicle," a self-propelled or towed vehicle equipped to serve as11 temporary living quarters for recreational, camping, or travel purposes and12 used solely as a family or personal conveyance and in no way used for a13 commercial purpose; (24)(25)"Residence district," the territory contiguous to a highway not comprising a15 business district when the frontage on the highway for a distance of three16 hundred feet or more is mainly occupied by dwellings or by dwellings and17 buildings in use for business; (25)(26)"Right-of-way," the right of one vehicle or pedestrian to proceed in a lawful19 manner in preference to another vehicle or pedestrian approaching under such20 circumstances of direction, speed, and proximity as to give rise to danger of21 collision unless one grants precedence to the other; (26)(27)"Road tractor," a motor vehicle designed and used for drawing other vehicles23 and not so constructed as to carry any load thereon either independently or any24 - 38 -SB part of the weight of a vehicle or load so drawn; (27)(28)"Roadway," that portion of a highway improved, designed, or ordinarily used2 for vehicular travel, exclusive of the berm or shoulder. If provided that if a3 highway includes two or more separate roadways, the term, roadway, refers to4 any such roadway separately, but not to all such roadways collectively; (28)(29)"Safety zone," the area or space officially set aside within a highway for the6 exclusive use of pedestrians and which is so plainly marked or indicated by7 proper signs as to be plainly visible at all times while set apart as a safety zone; (29)(30)"Semitrailer," any vehicle of the trailer type equipped with a kingpin assembly, designed and used in conjunction with a fifth wheel connecting device on a11 motor vehicle and constructed so that some part of its weight and that of its12 load rests upon or is carried by another vehicle; (30)(31)"Sidewalk," that portion of a street between the curb lines, or the lateral lines14 of a roadway, and the adjacent property lines, and intended for use of15 pedestrians; (31)(32)"Single axle" or "one axle," one or more consecutive axles whose centers may17 be included between two transverse vertical planes spaced no more than forty18 inches or less apart, extending across the full width of the vehicle; (32)(33)"Solid rubber tire," a tire made of rubber other than a pneumatic tire; (33)(34)"Steering axle," any axle on the front of a motor vehicle that is activated by the21 operator to directly accomplish guidance or steerage of the motor vehicle or22 combination of vehicles; (34)(35)"Stinger-steered transporter combination," a truck tractor semitrailer24 - 39 -SB combination with a fifth wheel located on a drop frame which is located that is behind and below the rearmost axle of the power unit; (35)(36)"Tandem axle," two or more consecutive axles whose centers may be included3 between parallel transverse vertical planes spaced more than forty inches and4 not more than ninety-six inches apart, extending across the full width of the5 vehicle; (36)(37)"Trailer," a vehicle without motive power designed for carrying property or7 passengers on its own structure and for being drawn by a motor vehicle; (37)(38)"Truck tractor," a motor vehicle designed and used primarily for drawing other9 vehicles and not so constructed as to carry a load other than a part of the10 weight of the vehicle and load so drawn; (38)(39)"Urban district," the territory contiguous to and including any street which is12 built up with structures devoted to business, industry, or dwelling houses13 situated at intervals of less than one hundred feet for a distance of a quarter of14 a mile or more; (39)(40)"Vehicle," a device in, upon, or by which any person or property is or may be16 transported or drawn upon a public highway, except devices moved by human17 power or used exclusively upon stationary rails or tracks;, but including18 bicycles, electric bicycles, and ridden animals; and (40)(41)"Wireless communication device," any wireless electronic communication device that provides for voice or data communication between two or more21 parties, including a mobile or cellular telephone, a text messaging device, a22 personal digital assistant that sends or receives messages, an audio-video23 player that sends or receives messages, or and a laptop computer. A wireless24 - 40 -SB communication device does not include, but excluding a global positioning or1 navigation system (GPS) used to receive driving directions.

No person may occupy a house trailer or a recreational vehicle as defined by subdivision 32-3-1(18) in § 32-3-1 while it is being towed. A violation of this section is a petty5 offense. This section does not apply to a recreational vehicle being towed by a truck, truck6 tractor, or pickup with a fifth-wheel device, if the recreational vehicle is equipped with safety7 glazing materials wherever glazing materials are used in windows or doors, with an audible or8 visual signaling device which a passenger inside the recreational vehicle can use to gain the9 attention of the motor vehicle driver, and with at least one unobstructed exit capable of being10 opened from both the interior and exterior of the recreational vehicle. The requirement for safety11 glazing materials does not apply to vehicles manufactured prior to July 1, 1977.

The windshield on every motor vehicle, as defined by subdivision § 32-3-1(11) § 32-3-1, except farm tractors and motorcycles, shall be equipped with a device for cleaning15 rain, snow, or other moisture from the windshield, which device shall be operated by the driver16 of the vehicle. No person may operate a motor vehicle upon the highways unless such vehicle17 shall be equipped with such device in good working order capable of cleaning the windshield18 thereof and which device shall provide the driver a clear view of the highway. A violation of19 this section is a petty offense.

Every motor vehicle, as defined by subdivision § 32-14-1(17) § 32-14-1 and every22 trailer, semitrailer, and pole trailer manufactured or sold in this state, and any combination of23 such vehicles operating upon a highway within this state shall be equipped with brakes in24 - 41 -SB compliance with the requirements of this chapter. A violation of this section is a Class misdemeanor.

As Terms used in this chapter, the following words shall mean: (1)"Department" the Department of Public Safety.; (2)"Moped" a motor driven cycle, other than an electric bicycle: (a)That is equipped with two or three wheels. If; (b)That if a combustion engine is used, the has a maximum piston or rotor8 displacement shall be of fifty cubic centimeters regardless of the number of9 chambers in such that power source. The; and (c)That has a power source shall be equipped with a power drive system that11 functions directly or automatically only, not requiring and does not require clutching or shifting by the operator after the drive system is engaged.; (3)"Motorcycle," includes motorcycles, motorbikes, mopeds, bicycles any device commonly identified as a motorcycle, including a motorbike, a moped, a bicycle with15 a motor attached, and all any motor operated vehicles vehicle of the bicycle or16 tricycle type, whether the motive power be a part thereof or attached thereto, and17 having a saddle or seat with the driver sitting astride or upon it, or a platform on18 which the driver stands, but excluding a; (a)A tractor.; and (b)An electric bicycle; and (4)"Off-road vehicle," any self-propelled, vehicle having two or more wheeled vehicle wheels, which is designed primarily to be operated primarily on land other than a23 highway and includes, but is not limited to, all terrain vehicles, dune buggies and any24 - 42 -SB vehicle whose manufacturer's statement of origin (MSO) or manufacturer's certificate1 of origin (MCO) states indicates that the vehicle is not for highway use. Off-road vehicle does not include a, but excludes: (a)A farm vehicle as defined in § 32-3-2.4; and (b)An electric bicycle.

Terms used in chapters 32-3 to 32-5B, inclusive, mean: (1)"Commercial motor vehicle," any motor vehicle used or maintained for the11 transportation of persons or property for hire, compensation, or profit, or designed, used, or maintained primarily for the transportation of property, and not specifically13 excluded under § 32-9-3; (2)"Component part," any part of a motor vehicle, trailer, or semitrailer other than a tire, having a vehicle identification number; (3)"Dealer," any person who, for commission or with intent to make a profit or gain, sells, exchanges, rents with option to purchase, offers or attempts to negotiate a sale18 or exchange of new, or new and used vehicles, or who is engaged wholly or in part19 in the business of selling new, or new and used vehicles, whether or not such vehicles20 are owned by that person; (4)"Department," Department of Revenue; (5)"Electric bicycle," a bicycle or a tricycle that is: (a)Equipped with a seat or saddle for the cyclist;24 - 6 -SB (b)Equipped with operable pedals for propulsion by the cyclist; (c)Equipped with an electric motor of seven hundred fifty watts or less; (d)Designated as a Class I electric bicycle if the motor provides assistance only when the cyclist is pedaling and ceases to provide assistance when a speed of twenty miles per hour is achieved; (e)Designated as a Class II electric bicycle if the motor is capable of propelling the bicycle without the cyclist pedaling and ceases to provide assistance when a speed of twenty miles er hour is achieved; and (f)Designated as a Class III electric bicycle if the motor provides assistance only when the cyclist is pedaling and ceases to provide assistance when a speed to twenty-eight miles per hour is achieved; (4A)(6)"Gross vehicle weight rating," the value specified by the manufacturer as the12 loaded weight of a single vehicle; (5)(7)"Junking certificate," a certificate of ownership, which may not be restored to a title14 document which allows highway use, issued by the department to the owner of a15 vehicle which is going to be dismantled and sold for parts; (5A)(8)"Low-speed vehicle," a four-wheeled motor vehicle whose speed attainable in17 one mile is more than twenty miles per hour and not more than twenty-five18 miles per hour on a paved level surface. (6)(9)"Manufactured home," a structure, transportable in one or more sections, which is20 eight body feet or more in width or forty body feet or more in length in the traveling21 mode, or is three hundred twenty or more square feet when erected on a site; which22 is built on a permanent chassis and designed to be used as a dwelling, with or without23 a permanent foundation, when connected to the required utilities; and which contains24 - 7 -SB the plumbing, heating, air conditioning, and electrical systems therein. The term1 includes any structure which meets all the requirements of this subdivision and any2 other structure which has been certified by the secretary of housing and urban3 development. The term does not include a recreational park trailer; (7)(10)"Manufacturer," any person, firm, corporation, limited liability company, or5 association engaged in the manufacture of new motor vehicles as a regular6 business; (8)(11)"Mobile home," a movable or portable unit,: (a)That is designed and constructed to be towed on its own chassis (, which is comprised of a frame and wheels), and; (b)That is designed to be connected to utilities for year-round occupancy. The term; (c)That includes: (a)Units units containing parts that may be folded, collapsed, or telescoped when14 being towed and that may be expanded to provide additional cubic capacity; and (b)Units (d)That includes units composed of two or more separately towable components18 designed to be joined into one integral unit capable of being separated again19 into the components for repeated towing. The term; and (e)That does not include a recreational park trailer; (9)12"Moped," a motor driven cycle, other than an electric bicycle: (a)That is equipped with two or three wheels. If;24 - 8 -SB (b)That if a combustion engine is used, the has a maximum piston or rotor1 displacement shall be of fifty cubic centimeters regardless of the number of2 chambers in such that power source. The; and (c)That has a power source shall be equipped with a power drive system that4 functions directly or automatically only, not requiring and does not require clutching or shifting by the operator after the drive system is engaged; (10)(13)"Motorcycle," includes motorcycles any device commonly identified as a motorcycle, motorbikes, mopeds, bicycles including a motorbike, a moped, a bicycle with a motor attached, and all any motor operated vehicles vehicle of9 the bicycle or tricycle type, whether the motive power be a part thereof or10 attached thereto, and having a saddle or seat with the driver sitting astride or11 upon it, or a platform on which the driver stands, but excluding a; (a)A tractor; and (b)An electric bicycle; (11)(14)"Motor vehicle," automobiles, motor trucks, motorcycles, house trailers, trailers, and all vehicles an automobile, motor truck, motorcycle, house trailer, and any vehicle propelled by power other than muscular power, except excluding; (a)A traction engines, road rollers, farm wagons, freight trailers, vehicles that run engine; (b)A road roller; (c)A farm wagon; (d)A freight trailer; (e)A vehicle that runs only on rails or tracks,;24 - 9 -SB (f)An electric bicycle; and1 (g)An off-road vehicles as defined in § 32-20-1 vehicle; (12)(15)"New motor vehicle," any motor vehicle to which a manufacturer's statement3 of origin has not been transferred, or is a motor vehicle on which title was4 issued from the manufacturer's statement of origin or manufacturer's certificate5 of origin and is still in the name of the first person who took title to the6 vehicle; (13)(16)"Noncommercial motor vehicle," any motor vehicle not classified as a8 commercial motor vehicle; (14)(17)"Noncommercial trailer or semitrailer," any trailer or semitrailer not used or10 maintained for the transportation of persons or property for hire, compensation, or profit; (14A)(18)"Notation," a physical or electronic process of recording a lien on a certificate13 of title, a manufacturer's statement of origin, or a manufacturer's certificate of14 origin; (15)(19)"Off-road vehicle," any self-propelled, vehicle having two or more wheeled vehicle wheels, which is designed primarily to be operated primarily on land17 other than a highway and includes all terrain vehicles, dune buggies, and any18 vehicle whose manufacturer's statement of origin (MSO) or manufacturer's19 certificate of origin (MCO) states indicates that the vehicle is not for highway20 use. The term does not include a, but excludes: (a)A farm vehicle as defined in this section; and (b)An electric bicycle; (16)(20)"Owner," any person, firm, association, or corporation renting a motor vehicle24 - 10 -SB or having the exclusive use thereof of a motor vehicle, under a lease or1 otherwise, for a period greater than thirty days; as provided that between a contract vendor and contract vendee, the term, owner, shall refer to means the3 contract vendee, unless the contrary clearly appears from the context of4 chapters 32-3 to 32-5B, inclusive, or a person having legal possession or title; (17)(21)"Rebuilt vehicle," any motor vehicle, trailer, or semitrailer that has been6 rebuilt by the addition or deletion of assemblies, subassemblies, parts, or7 component parts so that upon gross visual examination it does not appear to8 be the vehicle described in the certificate of title last issued for the vehicle, or9 whose title has been marked as rebuilt by this state or another state or10 jurisdiction; (17A)(22)"Recreational park trailer," a vehicle that is primarily designed to provide12 temporary living quarters for recreational, camping, or seasonal use and13 which: (a)Is built on a single chassis mounted on wheels; (b)Has a gross trailer area not exceeding four hundred square feet in the setup16 mode; (c)Is certified by the manufacturer as complying with the American National18 Standards Institute Standard No. A119.5, in effect on January 1, 2008; and19 (d)Has at least a seventeen digit identification number and the manufacturer has20 designated the vehicle as a recreational park model on the manufacturer21 statement of origin; (18)(23)"Recreational vehicle," a vehicular portable structure built on a chassis23 designed to be used as a temporary dwelling for travel, recreational, vacation,24 - 11 -SB or seasonal uses, permanently identified as a travel trailer or a recreational1 park trailer by the manufacturer of the trailer; (19)(24)"Road tractor," any motor vehicle designed and used for drawing other3 vehicles, except farm or logging tractors used exclusively for farming or4 logging, and not so constructed as to carry any load thereon either5 independently or any part of the weight of a vehicle or load so drawn; (20)(25)"Secretary," secretary of revenue; (21)(26)"Semitrailer," any vehicle of the trailer type, equipped with a kingpin8 assembly, designed and used in conjunction with a fifth wheel connecting9 device on a motor vehicle constructed so that some part of its weight and that10 of its load rests upon or is carried by another vehicle; (22)(27)"State," includes the fifty states and the territories and the federal districts of12 the United States; (23)(28)"Trailer," any vehicle without motive power designed for carrying property or14 passengers wholly on its own structure and for being drawn by a motor15 vehicle; (24)(29)"Truck tractor," any motor vehicle designed and used primarily for drawing17 other vehicles and not so constructed as to carry a load other than a part of the18 weight of the vehicle and load so drawn; (25)(30)"Used vehicle," any motor vehicle, the title to which title has been issued to20 someone other than the first person who took title to the motor vehicle from21 the manufacturer's statement of origin or manufacturer's certificate of origin; and23 (26)(31)"Vehicle identification number," the number assigned by the manufacturer or24 - 12 -SB by the department for the purpose of identifying the vehicle. The, provided the term includes any number or letters assigned by the manufacturer for the2 purpose of identifying a component part and any such number stamped on a3 vehicle or part according to law or the rules promulgated by the department for4 the purpose of identifying the vehicle or part.

If any vehicle, trailer, or semitrailer is rebuilt, as defined in subdivision 32-3-1(17) § 32-3-1, and is restored to operation, the owner shall submit an application to the Department8 of Revenue for a rebuilt title. The motor vehicle, trailer, or semitrailer may not be licensed or9 titled until there is submitted to the department proper affidavits, photo copies of receipts, bills10 of sale establishing ownership, or titles and the source of all parts and component parts used to11 rebuild the vehicle. The rebuilt title and registration shall be issued and delivered in accordance12 with the provisions of this chapter. After the motor vehicle is inspected, the owner shall take his13 copy of the certificate of inspection to the county treasurer, purchase his license plates and pay14 any tax owed. Once the department is notified that the inspection is complete and has verified15 that the correct amount of tax has been paid, it shall issue a rebuilt title. Each new certificate of16 title shall have noted thereon that the vehicle has been rebuilt. The highway patrol or an17 employee of the department may inspect rebuilt titles and rebuilt motor vehicles.

The driver of any single or combination vehicle weighing in excess of ten8 thousand pounds gross vehicle weight, who fails to stop at or who knowingly passes or bypasses9 any state weighing station, upon any public highway, when the station is open and being10 operated by law enforcement officers or motor carrier inspectors, is guilty of a Class misdemeanor. This section does not apply to any recreational vehicle as defined in subdivision 32-3-1(18) § 32-3-1. For purposes of this section, a combination vehicle is any vehicle13 consisting of two or more units including a truck, tractor, or towing vehicle, and one or more14 trailers.

Terms used in this chapter, unless the context otherwise plainly requires, shall mean: (1)"Chauffeur," every person who is employed by another for the principal purpose of19 driving a motor vehicle and every person who drives a school bus transporting school20 children or any motor vehicle when in use for the transportation of persons or21 property for compensation; (2)"Department," the Department of Public Safety; (3)"Driver," every a person who drives or is in actual physical control of a vehicle;24 - 44 -SB (4)"Electric bicycle," a bicycle or a tricycle that is: (a)Equipped with a seat or saddle for the cyclist; (b)Equipped with operable pedals for propulsion by the cyclist; (c)Equipped with an electric motor of seven hundred fifty watts or less; (d)Designated as a Class I electric bicycle if the motor provides assistance only when the cyclist is pedaling and ceases to provide assistance when a speed of twenty miles per hour is achieved; (e)Designated as a Class II electric bicycle if the motor is capable of propelling the bicycle without the cyclist pedaling and ceases to provide assistance when a speed of twenty miles per hour is achieved; and (f)Designated as a Class III electric bicycle if the motor provides assistance only when the cyclist is pedaling and ceases to provide assistance when a speed of twenty-eight miles per hour is achieved; (5)"Judgment," any judgment which shall have become that became final by expiration, without appeal, of the time within which an appeal might have been perfected, or by15 final affirmation on appeal, rendered by a court of competent jurisdiction of any state16 or of the United States, upon a cause of action arising out of the ownership, maintenance, or use of any vehicle of a type subject to registration under the laws of18 this state, for damages, including damages for care and loss of services, because of19 bodily injury to or death of any person, or for damages because of injury to or20 destruction of property, including the loss of use thereof of the property, or upon a21 cause of action on an agreement of settlement for such damages; (5)(6)"License," any operator's or chauffeur's license or any other license or permit to23 operate a motor vehicle issued under the laws of this state including:24 - 45 -SB (a)Any temporary license or instruction permit; (b)The privilege of any person to drive a motor vehicle whether or not such2 person holds a valid license; and (c)Any nonresident's operating privilege as defined herein; (6)(7)"Motor vehicle," every a vehicle which that is self- propelled, excluding an electric bicycle, and every vehicle which that is propelled by electric power obtained from6 overhead trolley wires, but not operated upon rails; (7)(8)"Nonresident," every a person who is not a resident of this state; (8)(9)"Nonresident's operating privilege," the privilege conferred upon a nonresident by the9 laws of this state pertaining to the operation by such the person of a motor vehicle, or the use of a vehicle owned by such the person, in this state; (9)(10)"Operator," every a person, other than a chauffeur, who drives or is in actual12 physical control of a motor vehicle upon a highway or who is exercising13 control over or steering a vehicle being towed by a motor vehicle; (10)(11)"Owner," a person who holds the legal title of a vehicle, or in the event a15 vehicle is the subject of an agreement for the conditional sale or lease thereof16 with the right of purchase upon performance of the conditions stated in the17 agreement and with an immediate right of possession vested in the conditional18 vendee or lessee, or in the event a mortgagor of a vehicle is entitled to19 possession, then such conditional vendee or lessee or mortgagor shall be20 deemed the owner for the purpose of this chapter; (11)"Person," every natural person, firm, copartnership, association, or corporation; (12)"Registration," the registration certificate or certificates and registration plates issued23 under the laws of this state pertaining to the registration of vehicles;24 - 46 -SB (13)"State," any state, territory, or possession of the United States, the District of1 Columbia, or any province of the Dominion of Canada; and (14)"Vehicle," every device in, upon, or by which any person or property is or may be3 transported or drawn upon a highway, except electric bicycles and devices moved by4 human power or used exclusively upon stationary rails or tracks.

For the purposes of this chapter, a passenger vehicle is any self-propelled vehicle7 intended primarily for use and operation on the public highways including passenger cars, station wagons, vans, taxicabs, emergency vehicles, motor homes, trucks, and pickups. The term A passenger vehicle does not include motorcycles, motor scooters, motor bicycles, motorized bicycles, passenger buses, and school buses. The term also does not include farm tractors and implements; (1)An electric bicycle; (2)A farm tractor; (3)An implement of husbandry designed primarily or exclusively for use in agricultural15 operations; (4)A motor bicycle; (5)A motor scooter; (6)A motorcycle; (7)A motorized bicycle; (8)A passenger bus; or (9)A school bus.

Any motor vehicle that is the property of this state, the United States, a county, a20 township, a municipality, a public or nonpublic school accredited by the Department of21 Education, an Indian mission school in this state, an Indian tribe, a fire department, or any bus22 or van owned by a church may be registered upon application, in the manner provided for other23 motor vehicles. However, the custodian of the vehicle shall make the application directly to the24 - 13 -SB department. No fees may be charged for the registration of the vehicle. The department, upon payment to it of the actual cost of the plates, shall furnish number2 plates for the vehicle. All costs collected under the provisions of this section shall be deposited3 in the license plate special revenue fund. If the vehicle is used for a private business use or as4 a commercial motor carrier vehicle, as defined in § 32-9-1, the operator shall secure vehicle5 registration pursuant to chapter 32-9 for such use.

Two number plates shall be issued, except that as to a motorcycle, recreational8 vehicle, semitrailer, and trailer, as such terms are defined in subdivisions § 32-3-1(10),(18), (21), and (23), one number plate shall be issued.

Terms used in this chapter mean: (1)"Compensation," the charge imposed upon motor carriers in consideration of the17 unusual use of the public highways in this state by such motor carriers; (2)"Compensation certificate," the certificate issued upon application by a motor carrier, as defined in §§ 32-9-2 and 32-9-3, showing authority to use and payment of20 compensation for the unusual use of the highways by the one to whom issued; (3)"Commercial motor vehicle," any motor vehicle used or maintained for the22 transportation of persons or property for hire, compensation or profit or designed, used or maintained primarily for the transportation of property, and not specifically24 - 23 -SB excluded under § 32-9-3; (4)"Department," Department of Revenue; (5)"Electric bicycle," a bicycle or a tricycle that is: (a)Equipped with a seat or saddle for the cyclist; (b)Equipped with operable pedals for propulsion by the cyclist; (c)Equipped with an electric motor of seven hundred fifty watts or less; (d)Designated as a Class I electric bicycle if the motor provides assistance only when the cyclist is pedaling and ceases to provide assistance when a speed of twenty miles per hour is achieved; (e)Designated as a Class II electric bicycle if the motor is capable of propelling the bicycle without the cyclist pedaling and ceases to provide assistance when a speed of twenty miles per hour is achieved; and (f)Designated as a Class III electric bicycle if the motor provides assistance only when the cyclist is pedaling and ceases to provide assistance when a speed of twenty-eight miles per hour is achieved: (6)"For hire," for remuneration of any kind, paid or promised, either directly or16 indirectly, for the transportation of persons or property. An occasional17 accommodative transportation service by a person not in the transportation business18 while on an errand for himself, is not a service for hire, even though the person19 transported shares in the cost or pays for the service; (6)(7)"Gross weight," the total weight of the chassis, body, equipment, and maximum load21 of each motor vehicle, trailer, or semitrailer as fixed by the applicant for a22 compensation certificate; (7)(8)"Motor vehicle," all vehicles or machines a vehicle or machine, other than an electric24 - 24 -SB bicycle, which is propelled by any power other than muscular and used upon the1 public highways for the transportation of persons or property or both; (8)(9)"Private business use," the transportation of persons or property for hire, compensation, profit, or remuneration of any kind, or the transportation of any4 property of a business venture not specifically excluded under § 32-9-3; (9)(10)"Public highway," every street, alley, public road, public thoroughfare, or6 highway in this state; (10)(11)"Secretary," secretary of revenue; (11)(12)"Semitrailer," any vehicle of the trailer type, equipped with a kingpin9 assembly, designed and used in conjunction with a fifth wheel connecting10 device on a motor vehicle and constructed so that some part of its weight and11 that of its load rests upon or is carried by another vehicle; and (12)(13)"Trailer," every vehicle without motive power designed to carry property or13 persons wholly on its own structure and to be drawn by a motor vehicle.

For the purpose of this chapter, any person as defined in § 32-9-1, using the public16 highways of this state as a motor carrier, shall be deemed to be making unusual use of said the highways.

For the purposes of this chapter, the gross weight, as defined in subdivision 32-9- 1(6) § 32-9-1, for tow trucks or wreckers, as defined and operated in §§ 31-8-15 and 31-8-15.1, is the actual weight of the equipped motor vehicle and does not include the weight of the motor22 vehicle being towed or hauled.

Except as otherwise agreed to in writing by the purchaser and seller, or unless23 otherwise provided for by advertised or announced terms at the auction premises on the day of24 - 48 -SB the sale, if the purchaser of any property at an auction sale has not removed the property from1 the auction premises within ninety days after the date of the sale or has not otherwise taken2 physical possession of the property within ninety days after the date of the sale, ownership of3 the property reverts to the seller, and the payment is forfeited to the seller without further notice4 of action. This section does not apply to any motor vehicle as defined in subdivision 32-3-1(11) § 32-3-1 or to any state auction held pursuant to chapter 5-24A.6

Terms used in §§ 37-5-13 to 37-5-15, inclusive, mean:24 - 47 -SB (1)"Dealer," any person who receives machinery from a manufacturer under a dealership1 contract and who offers and sells the machinery to the general public from2 manufacturer authorized facilities in this state. The term, dealer, does not include a3 single-line dealer or any person with total annual gross sales in this state and4 elsewhere of one hundred million dollars or more of industrial and construction5 equipment, attachments, replacement parts, and service related to the equipment, from any one manufacturer or supplier of such equipment; (2)"Dealership contract," a written agreement or contract between a manufacturer and8 dealer which fixes the legal rights and liabilities of the parties to such agreement or9 contract; (3)"Machinery," any farm vehicle as defined by in § 32-3-2.4 or, any off-road vehicle11 as defined by subdivision 32-3-1(15) in § 32-3-1 or merchandise as defined in12 subdivision 37-5-12.2(3) § 37-5-12.2; (4)"Manufacturer," any person engaged in the manufacturing or distribution of14 machinery including any person who acts for the manufacturer; and (5)"Single-line dealer," any person that has purchased seventy-five percent or more of16 the dealer's total new product inventory from a single manufacturer of industrial and17 construction equipment under agreements with that manufacturer and has a total18 annual average sales of industrial and construction equipment volume for the three19 previous years with that single manufacturer in excess of fifty million dollars for the20 territory for which that dealer is responsible.