S.B. 211

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SNOWMOBILE USER FEE
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Lorin V. Jones
5 AN ACT RELATING TO OFF-HIGHWAY VEHICLES; REQUIRING NONRESIDENT
6 OWNERS OF SNOWMOBILES TO PAY A SNOWMOBILE USER FEE AND
7 TERMINATING THE REGISTRATION REQUIREMENT FOR SNOWMOBILES OWNED
8 BY NONRESIDENTS; PROVIDING FOR THE COLLECTION OF FEES AND ISSUANCE
9 OF DECALS BY AGENTS OF THE DIVISION OF PARKS AND RECREATION;
10 PROVIDING A CRIMINAL PENALTY; PROVIDING FOR THE DEPOSIT AND USE OF
11 FEE REVENUE; AND PROVIDING AN EFFECTIVE DATE.
12 This act affects sections of Utah Code Annotated 1953 as follows:
13 AMENDS:
14 41-22-9, as last amended by Chapter 21, Laws of Utah 1989
15 ENACTS:
16 41-22-34, Utah Code Annotated 1953
17 Be it enacted by the Legislature of the state of Utah:
18 Section 1. Section 41-22-9 is amended to read:
19 41-22-9. Vehicles exempt from registration.
20 The following off-highway vehicles are exempt from the registration requirements of this
21 chapter:
22 (1) vehicles which are currently registered for highway use, have a valid motor vehicle
23 safety inspection sticker or certificate, and on which the required safety equipment has not been
24 subsequently modified;
25 (2) off-highway vehicles which are not in the state more than 14 days in any year and are
26 owned by a nonresident;
27 (3) snowmobiles which are owned by a nonresident;

1 [(3)] (4) off-highway vehicles sold by a dealer to a person who is not a resident of this
2 state;
3 [(4)] (5) off-highway implements of husbandry operated in the manner prescribed by
4 Subsections 41-22-5.5 (3) through (5); and
5 [(5)] (6) new off-highway vehicles being transported to an off-highway vehicle dealership
6 by the dealer, employee of the dealership, or agent for the dealership.
7 Section 2. Section 41-22-34 is enacted to read:
8 41-22-34. Snowmobile user fee -- Decal -- Agents -- Penalty for fraudulent issuance
9 of decal -- Deposit and use of fee revenue.
10 (1) Any nonresident owning a snowmobile who operates or gives another person
11 permission to operate the snowmobile on any public land, trail, street, or highway in this state shall
12 pay an annual snowmobile user fee.
13 (2) The snowmobile user fee shall be $15.
14 (3) The board may establish procedures for the payment of snowmobile user fees by rule.
15 (4) The person paying the fee shall receive a decal indicating the fee has been paid. The
16 decal shall be displayed on the snowmobile in accordance with rules of the board.
17 (5) (a) Snowmobile user fees may be collected by the division or agents of the division.
18 (b) An agent shall retain $1 for each snowmobile user fee collected.
19 (c) The division may require agents to obtain a bond in a reasonable amount.
20 (d) On or before the 10th day of each month, each agent shall:
21 (i) report all sales to the division; and
22 (ii) submit all snowmobile user fees collected less the remuneration provided in Subsection
23 (5)(b).
24 (e) (i) If an agent fails to pay the amount due, the division may assess a penalty of 20%
25 of the amount due.
26 (ii) Delinquent payments shall bear interest at the rate of 1% per month.
27 (iii) If the amount due is not paid because of bad faith or fraud, the division shall assess
28 a penalty of 100% of the total amount due together with interest.
29 (f) All fees collected by an agent, except the remuneration provided in Subsection (5)(b),
30 shall:
31 (i) be kept separate and apart from the private funds of the agent; and

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1 (ii) belong to the state of Utah.
2 (g) An agent may not issue a snowmobile user fee decal to any person unless the person
3 furnishes evidence that he or she is a nonresident.
4 (h) A violation of any provision of this Subsection (5) is a class B misdemeanor and may
5 be cause for revocation of the agent authorization.
6 (6) Revenue generated by snowmobile user fees shall be:
7 (a) deposited in the Off-highway Vehicle Account created in Section 41-22-19; and
8 (b) used for the construction, improvement, operation, or maintenance of snowmobile
9 trails.
10 Section 3. Effective date.
11 This act takes effect on January 1, 1998.




Legislative Review Note
as of 2-13-97 12:28 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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