H.B. 51 Enrolled

NONRESIDENT USER FEE FOR
OFF-HIGHWAY VEHICLE USERS
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: DeMar Bud Bowman

LONG TITLE
General Description:
This bill modifies the Motor Vehicles Code to amend off-highway vehicle registration
and nonresident user fees provisions.
Highlighted Provisions:
This bill:
. amends the snowmobile nonresident user fee to include all off-highway vehicles;
. provides that all off-highway vehicles, not just snowmobiles, that are owned by
nonresidents and are displaying a Utah off-highway vehicle user decal are exempt
from registration;
. eliminates the off-highway vehicle registration exemption for nonresidents;
. requires a nonresident off-highway vehicle owner in the state to apply for a decal and
provide evidence of nonresident status and ownership of the off-highway vehicle;
. exempts nonresident owned off-highway vehicles used exclusively for the purposes
of a scheduled competitive event or certain other events;
. provides that off-highway user fee revenues may be used for all off-highway
vehicles, not just snowmobiles; and
. makes technical changes.
Monies Appropriated in this Bill:
None
Other Special Clauses:
This bill takes effect on July 1, 2004.
Utah Code Sections Affected:

AMENDS:
41-22-9, as last amended by Chapter 30, Laws of Utah 2000
41-22-35, as enacted by Chapter 1, Laws of Utah 1999

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 41-22-9 is amended to read:
41-22-9. Vehicles exempt from registration.
The following off-highway vehicles are exempt from the registration requirements of this
chapter:
(1) vehicles that are currently registered for highway use, have a valid motor vehicle
safety inspection sticker or certificate, and on which the required safety equipment has not been
subsequently modified;
[(2) off-highway vehicles, except snowmobiles, that are not in the state more than 14 days
in any year and are owned by a nonresident;]
[(3) snowmobiles] (2) off-highway vehicles that are owned by a nonresident and that are
displaying a current annual [snowmobile] off-highway vehicle user [fee] decal in accordance with
Section 41-22-35 ;
[(4)] (3) off-highway vehicles sold by a dealer to a person who is not a resident of this
state;
[(5)] (4) off-highway implements of husbandry operated in the manner prescribed by
Subsections 41-22-5.5 (3) through (5); and
[(6)] (5) new off-highway vehicles being transported to an off-highway vehicle dealership
by the dealer, employee of the dealership, or agent for the dealership.
Section 2. Section 41-22-35 is amended to read:
41-22-35. Off-highway vehicle user fee -- Decal -- Agents -- Penalty for fraudulent
issuance of decal -- Deposit and use of fee revenue.
(1) (a) Except as provided in Subsection (1)(b), any nonresident owning [a snowmobile]
an off-highway vehicle who operates or gives another person permission to operate the

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[snowmobile] off-highway vehicle on any public land, trail, street, or highway in this state shall:
(i) apply for an off-highway vehicle decal issued exclusively for an off-highway vehicle
owned by a nonresident of the state;
(ii) pay an annual [snowmobile] off-highway vehicle user fee[.]; and
(iii) provide evidence that:
(A) the person is a nonresident; and
(B) the person is the owner of the off-highway vehicle.
(b) [A snowmobile] The provisions of Subsection (1)(a) do not apply to an off-highway
vehicle if the off-highway vehicle is:
(i) registered in [a] another state that offers reciprocal operating privileges to Utah
residents [pursuant to] under rules [of] made by the board [is exempt from the annual snowmobile
user fee.]; or
(ii) used exclusively for the purposes of a scheduled competitive event sponsored by a
public or private entity or another event sponsored by a governmental entity under rules made by
the board.
(2) The [snowmobile] off-highway vehicle user fee [shall be] is $30.
[(3) The board may establish procedures for the payment of snowmobile user fees by
rule.]
[(4) The person paying the fee shall]
(3) Upon compliance with the provisions of Subsection (1)(a), the nonresident shall:
(a) receive a nonresident off-highway vehicle user decal indicating [the fee has been paid.
The decal shall be displayed on the snowmobile in accordance with rules of the board.]
compliance with the provisions of Subsection (1)(a); and
(b) display the decal on the off-highway vehicle in accordance with rules made by the
board.
(4) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
board shall make rules establishing:
(a) procedures for:

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(i) the payment of off-highway vehicle user fees; and
(ii) the display of a decal on an off-highway vehicle as required under Subsection (3)(b);
(b) acceptable evidence indicating compliance with Subsection (1);
(c) eligibility requirements for reciprocal operating privileges for nonresident users; and
(d) eligibility for scheduled competitive events or other events under Subsection (1)(b)(ii).
(5) (a) [Snowmobile user fees may be collected] An off-highway vehicle user decal may
be issued and the off-highway vehicle user fee may be collected by the division or agents of the
division.
(b) An agent shall retain 10% of all [snowmobile] off-highway vehicle user fees collected.
(c) The division may require agents to obtain a bond in a reasonable amount.
(d) On or before the tenth day of each month, each agent shall:
(i) report all sales to the division; and
(ii) submit all [snowmobile] off-highway vehicle user fees collected less the remuneration
provided in Subsection (5)(b).
(e) (i) If an agent fails to pay the amount due, the division may assess a penalty of 20% of
the amount due.
(ii) Delinquent payments shall bear interest at the rate of 1% per month.
(iii) If the amount due is not paid because of bad faith or fraud, the division shall assess a
penalty of 100% of the total amount due together with interest.
(f) All fees collected by an agent, except the remuneration provided in Subsection (5)(b),
shall:
(i) be kept separate and apart from the private funds of the agent; and
(ii) belong to the state [of Utah].
(g) An agent may not issue [a snowmobile] an off-highway vehicle user [fee] decal to any
person unless the person furnishes evidence [that the person is a nonresident] of compliance with
the provisions of Subsection (1)(a).
(h) A violation of any provision of this Subsection (5) is a class B misdemeanor and may
be cause for revocation of the agent authorization.

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(6) Revenue generated by [snowmobile] off-highway vehicle user fees shall be[: (a)]
deposited in the Off-highway Vehicle Account created in Section 41-22-19 [; and].
[(b) used for the construction, improvement, operation, or maintenance of snowmobile
trails.]
Section 3. Effective date.
This bill takes effect on July 1, 2004.

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