H.B. 220 Enrolled

OFF-HIGHWAY VEHICLE AMENDMENTS
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: Brent H. Goodfellow
Ralph Becker
LONG TITLE
General Description:
This bill modifies the Motor Vehicles Code, the Judicial Code, and the School and
Institutional Trust Lands Management Act to amend off-highway vehicle provisions.
Highlighted Provisions:
This bill:
. increases maximum fees for off-highway vehicle registrations, duplicate certificates,
and duplicate stickers;
. provides that a portion of the annual off-highway vehicle registration fee is deposited
in the Lands Grant Management Fund for use by the Utah School and Institutional
Trust Lands Administration for costs associated with off-highway vehicle use on
trust lands;
. repeals the provision that the supervision, safety certificate, or motorcycle license
provisions only apply to Utah residents;
. provides that an off-highway vehicle safety instructor may not have a conviction for
a sexual offense against a minor or violent crime against a minor;
. requires district courts and justice courts to allocate a portion of a fine for a violation
of the off-highway vehicle provisions to the Division of Parks and Recreation;
. repeals the Board of Parks and Recreation rulemaking provisions relating to
registration; and
. makes technical changes.
Monies Appropriated in this Bill:
None

Other Special Clauses:
This bill takes effect July 1, 2004.
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
41-22-8, as last amended by Chapter 163, Laws of Utah 1987
41-22-19, as last amended by Chapter 212, Laws of Utah 2003
41-22-30, as last amended by Chapter 148, Laws of Utah 2002
41-22-32, as enacted by Chapter 163, Laws of Utah 1987
53C-3-101, as last amended by Chapter 72, Laws of Utah 1997
78-3-14.5, as last amended by Chapter 270, Laws of Utah 1998
78-5-116, as last amended by Chapter 270, Laws of Utah 1998
REPEALS:
41-22-5, as last amended by Chapter 317, Laws of Utah 2003

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 41-22-8 is amended to read:
41-22-8. Registration fees.
The board shall establish the fees which shall be paid in accordance with this chapter,
subject to the following:
(1) The fee for each registration may not exceed [$10] $17.
(2) The fee for each duplicate certificate of registration may not exceed [$2] $3.
(3) The fee for each duplicate numbered [stickers] sticker may not exceed [$4] $5.
(4) [No] A fee may not be charged for an off-highway [vehicles which are] vehicle owned
and operated by the United States Government, this state, or its political subdivisions.
Section 2. Section 41-22-19 is amended to read:
41-22-19. Deposit of fees and related moneys in Off-highway Vehicle Account --
Use for facilities, costs and expenses of division, and education -- Request for matching

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funds.
(1) Except as provided under Subsection (3) and Sections 41-22-34 and 41-22-36 , all
registration fees and related moneys collected by the Motor Vehicle Division or any agencies
designated to act for the Motor Vehicle Division under this chapter shall be deposited as
restricted revenue in the Off-highway Vehicle Account in the General Fund less the costs of
collecting off-highway vehicle registration fees by the Motor Vehicle Division. The balance of the
monies may be used by the division as follows:
(a) for the construction, improvement, operation, or maintenance of publicly owned or
administered off-highway vehicle facilities;
(b) for the mitigation of impacts associated with off-highway vehicle use;
[(b)] (c) as grants or as matching funds with any federal agency, state agency, political
subdivision of the state, or organized user group for the construction, improvement, operation,
acquisition, or maintenance of publicly owned or administered off-highway vehicle facilities
including public access facilities;
[(c)] (d) for the administration and enforcement of the provisions of this chapter; and
[(d)] (e) for the education of off-highway vehicle users.
(2) All agencies or political subdivisions requesting matching funds shall submit plans for
proposed off-highway vehicle facilities to the division for review and approval.
(3) (a) One dollar and 50 cents of each annual registration fee collected under Subsection
41-22-8 (1) and each nonresident user fee collected under Subsection 41-22-35 (2) shall be
deposited in the Land Grant Management Fund created under Section 53C-3-101 .
(b) The Utah School and Institutional Trust Lands Administration shall use the monies
deposited under Subsection (3)(a) for costs associated with off-highway vehicle use of legally
accessible lands within its jurisdiction as follows:
(i) to improve recreational opportunities on trust lands by constructing, improving,
maintaining, or perfecting access for off-highway vehicle trails; and
(ii) to mitigate impacts associated with off-highway vehicle use.
(c) Any unused balance of the monies deposited under Subsection (3)(a) exceeding

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$350,000 at the end of each fiscal year shall be deposited in the Off-highway Vehicle Account
under Subsection (1).
Section 3. Section 41-22-30 is amended to read:
41-22-30. Supervision, safety certificate, or driver license required -- Penalty.
(1) A person may not operate and an owner may not give that person permission to
operate an off-highway vehicle on any public land, trail, street, or highway of this state unless the
person:
(a) is under the direct supervision of a certified off-highway vehicle safety instructor
during a scheduled safety training course;
(b) has in his possession the appropriate safety certificate issued or approved by the
division; or
(c) has in his immediate possession a valid motor vehicle operator's license, as provided in
Title 53, Chapter 3, Uniform Driver License Act.
(2) (a) Any person convicted of a violation of this section is guilty of an infraction and
shall be fined not more than $50 per offense.
(b) It is a defense to a charge under this section, if the person charged produces in court a
license or an appropriate safety certificate that was:
(i) valid at the time of the citation or arrest; and
(ii) issued to the person operating the off-highway vehicle.
(3) The requirements of this section[: (a) apply only to Utah residents; and (b)] do not
apply to an operator of an all-terrain type I vehicle with a properly displayed and current
off-highway implement of husbandry sticker.
Section 4. Section 41-22-32 is amended to read:
41-22-32. Certification of safety instructors.
(1) The division may certify certain qualified persons as off-highway vehicle safety
instructors. [These instructors] An instructor certified by the division may act in behalf of the
division as [agents] an agent in:
(a) conducting off-highway vehicle safety classes and examinations; and

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(b) issuing safety certificates. [To be]
(2) A certified[,] off-highway vehicle safety [instructors] instructor shall:
[(1)] (a) successfully complete an off-highway vehicle safety instructor program for the
type of vehicle instruction to be given through a program:
(i) of the division; or [through a program]
(ii) recognized by the division which is conducted by an off-highway vehicle safety
organization;
[(2)] (b) be at least 18 years of age and hold a valid motor vehicle operator's license;
[and]
[(3)] (c) have no convictions as defined in Subsection 41-6-44 (1) for driving under the
influence of alcohol or drugs during the previous five years[.]; and
(d) have no convictions for a sexual offense against a minor or a violent crime against a
minor.
Section 5. Section 53C-3-101 is amended to read:
53C-3-101. Land Grant Management Fund -- Contents -- Use of monies.
(1) (a) There is created an enterprise fund known as the Land Grant Management Fund.
(b) This fund shall consist of:
(i) all revenues derived from trust lands except revenues from the sale of those lands;
(ii) all interest earned by the fund; [and]
(iii) all revenues deposited in the fund in accordance with Subsection 41-22-19 (3); and
[(iii)] (iv) all revenues obtained from other activities of the director or administration.
(2) The director may expend monies:
(a) from the Land Grant Management Fund in accordance with the approved budget for
the support of director and administration activities[.]; and
(b) deposited in the fund in accordance with Subsection 41-22-19 (3) as necessary to fulfill
the purposes of Section 41-22-19 (3)(b).
(3) [Any] Except for revenues deposited under Subsection (1)(b)(iii), any amount in
excess of that required to fund the budget shall be distributed to the various trust beneficiaries as

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of June 30 of each calendar year, and at other times determined by the director, in shares equal to
the portion of total Land Grant Management Fund revenues obtained from each beneficiary's land
during the accounting period.
(4) Money from the lease or rental of school trust lands or from the use, sale, or lease of
resources on school trust lands, all sums paid for fees, including grazing fees, and all forfeitures or
penalties received in connection with those transactions shall be deposited in the Permanent State
School Fund.
(5) Money from the lease or rental of lands acquired by the state for the benefit of an
institution named in Sections 7, 8, and 12 of the Utah Enabling Act, or from the use, sale, or lease
of renewable or nonrenewable resources on those lands, and all forfeitures or penalties received in
connection with those transactions, shall be distributed to the institution.
(6) [Any] Except for revenues deposited under Subsection (1)(b)(iii), any remaining
monies, including interest earned on the account, shall be distributed in pro rata shares to the
various beneficiaries.
Section 6. Section 78-3-14.5 is amended to read:
78-3-14.5. Allocation of district court fees and forfeitures.
(1) Except as provided in this section, district court fines and forfeitures collected for
violation of state statutes shall be paid to the state treasurer.
(2) Fines and forfeitures collected by the court for violation of a state statute or county or
municipal ordinance constituting a misdemeanor or an infraction shall be remitted 1/2 to the state
treasurer and 1/2 to the treasurer of the government which prosecutes or which would prosecute
the violation.
(3) Fines and forfeitures collected for violations of Title 23, Wildlife Resources Code of
Utah, [or] Title 41, Chapter 22, Off-highway Vehicles, or Title 73, Chapter 18, State Boating
Act, shall be paid to the state treasurer.
(a) For violations of Title 23, the state treasurer shall allocate 85% to the Division of
Wildlife Resources and 15% to the General Fund.
(b) For violations of Title 41, Chapter 22, or Title 73, Chapter 18, the state treasurer shall

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allocate 85% to the Division of Parks and Recreation and 15% to the General Fund.
(4) Fines and forfeitures collected for violation of Section 72-7-404 or 72-7-406 , less fees
established by the Judicial Council, shall be paid to the state treasurer for deposit in the B and C
road account. Fees established by the Judicial Council shall be deposited in the state General
Fund. Money deposited in the class B and C road account is supplemental to the money
appropriated under Section 72-2-107 but shall be expended in the same manner as other class B
and C road funds.
(5) Fines and forfeitures collected for any violations not specified in this chapter or
otherwise provided for by law shall be paid to the state treasurer.
(6) Fees collected in connection with civil actions filed in the district court shall be paid to
the state treasurer.
(7) The court shall remit money collected in accordance with Title 51, Chapter 7, State
Money Management Act.
Section 7. Section 78-5-116 is amended to read:
78-5-116. Disposition of fines.
(1) Except as otherwise specified by this section, fines and forfeitures collected by a
justice court shall be remitted, one-half to the treasurer of the local government responsible for
the court and one-half to the treasurer of the local government which prosecutes or which would
prosecute the violation.
(2) (a) For violation of Title 23, the court shall allocate 85% to the Division of Wildlife
Resources and 15% to the general fund of the city or county government responsible for the
justice court.
(b) For violation of Title 41, Chapter 22, Off-highway Vehicles, or Title 73, Chapter 18,
State Boating Act, the court shall allocate 85% to the Division of Parks and Recreation and 15%
to the general fund of the city or county government responsible for the justice court.
(3) The surcharge established by Section 63-63a-1 shall be paid to the state treasurer.
(4) Fines, fees, court costs, and forfeitures collected by a municipal or county justice
court for a violation of Section 72-7-404 or 72-7-406 regarding maximum weight limitations and

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overweight permits, minus court costs not to exceed the schedule adopted by the Judicial Council,
shall be paid to the state treasurer and distributed to the class B and C road account.
(5) Revenue deposited in the class B and C road account pursuant to Subsection (4) is
supplemental to the money appropriated under Section 72-2-107 but shall be expended in the
same manner as other class B and C road funds.
Section 8. Repealer.
This bill repeals:
Section 41-22-5, Rules of board relating to registration.
Section 9. Effective date.
This bill takes effect July 1, 2004.
Section 10. Coordinating H.B. 220 with H.B. 51.
If this H.B. 220 and H.B. 51, Nonresident User Fee For Off-highway Vehicle Users, both
pass, it is the intent of the Legislature that the Office of Legislative Research and General Counsel
in preparing the Utah Code database for publication shall change Subsection 41-22-19 (3)(a) to
read as follows:
"(3) (a) One dollar and 50 cents of each annual registration fee collected under Subsection
41-22-8 (1) and each off-highway vehicle user fee collected under Subsection 41-22-35 (2) shall be
deposited in the Land Grant Management Fund created under Section 53C-3-101."

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