S.B. 14

1

SNOWMOBILE USER FEE
2 1999 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 41-22-35, 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] that are currently registered for highway use, have a valid motor
23 vehicle safety inspection sticker or certificate, and on which the required safety equipment has not
24 been subsequently modified;
25 (2) off-highway vehicles [which] that are not in the state more than 14 days in any year and
26 are owned by a nonresident;
27 (3) snowmobiles that are owned by a nonresident;

28 [(3)] (4) off-highway vehicles sold by a dealer to a person who is not a resident of this
29 state;
30 [(4)] (5) off-highway implements of husbandry operated in the manner prescribed by
31 Subsections 41-22-5.5 (3) through (5); and
32 [(5)] (6) new off-highway vehicles being transported to an off-highway vehicle dealership
33 by the dealer, employee of the dealership, or agent for the dealership.
34 Section 2. Section 41-22-35 is enacted to read:
35 41-22-35. Snowmobile user fee -- Decal -- Agents -- Penalty for fraudulent issuance
36 of decal -- Deposit and use of fee revenue.
37 (1) (a) Except as provided in Subsection (1)(b), any nonresident owning a snowmobile
38 who operates or gives another person permission to operate the snowmobile on any public land,
39 trail, street, or highway in this state shall pay an annual snowmobile user fee.
40 (b) A snowmobile registered in a state that offers reciprocal operating privileges to Utah
41 residents pursuant to rules of the board is exempt from the annual snowmobile user fee.
42 (2) The snowmobile user fee shall be $30.
43 (3) The board may establish procedures for the payment of snowmobile user fees by rule.
44 (4) The person paying the fee shall receive a decal indicating the fee has been paid. The
45 decal shall be displayed on the snowmobile in accordance with rules of the board.
46 (5) (a) Snowmobile user fees may be collected by the division or agents of the division.
47 (b) An agent shall retain 10% of all snowmobile user fees collected.
48 (c) The division may require agents to obtain a bond in a reasonable amount.
49 (d) On or before the 10th day of each month, each agent shall:
50 (i) report all sales to the division; and
51 (ii) submit all snowmobile user fees collected less the remuneration provided in Subsection
52 (5)(b).
53 (e) (i) If an agent fails to pay the amount due, the division may assess a penalty of 20% of
54 the amount due.
55 (ii) Delinquent payments shall bear interest at the rate of 1% per month.
56 (iii) If the amount due is not paid because of bad faith or fraud, the division shall assess
57 a penalty of 100% of the total amount due together with interest.
58 (f) All fees collected by an agent, except the remuneration provided in Subsection (5)(b),

59 shall:
60 (i) be kept separate and apart from the private funds of the agent; and
61 (ii) belong to the state of Utah.
62 (g) An agent may not issue a snowmobile user fee decal to any person unless the person
63 furnishes evidence that the person is a nonresident.
64 (h) A violation of any provision of this Subsection (5) is a class B misdemeanor and may
65 be cause for revocation of the agent authorization.
66 (6) Revenue generated by snowmobile user fees shall be:
67 (a) deposited in the Off-highway Vehicle Account created in Section 41-22-19 ; and
68 (b) used for the construction, improvement, operation, or maintenance of snowmobile
69 trails.
70 Section 3. Effective date.
71 This act takes effect on July 1, 1999.




Legislative Review Note
as of 11-27-98 7:49 AM

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

Office of Legislative Research and General Counsel