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H.B. 126 Enrolled
7 LONG TITLE
8 General Description:
9 This bill modifies the Off-Highway Vehicles Code by amending provisions relating to
10 off-highway vehicle user fees.
11 Highlighted Provisions:
12 This bill:
13 . provides that an owner or operator operating a nonresident off-highway vehicle is
14 exempt from the requirement to obtain an off-highway vehicle user decal and pay
15 the off-highway vehicle user fee if the nonresident off-highway vehicle is used
16 exclusively for the purpose of an off-highway vehicle manufacturer sponsored event
17 within the state;
18 . grants the Board of Parks and Recreation rulemaking authority to establish
19 eligibility requirements for an off-highway vehicle manufacturer sponsored event;
21 . makes technical corrections.
22 Money Appropriated in this Bill:
24 Other Special Clauses:
26 Utah Code Sections Affected:
28 41-22-35, as last amended by Laws of Utah 2010, Chapter 308
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 41-22-35 is amended to read:
32 41-22-35. Off-highway vehicle user fee -- Decal -- Agents -- Penalty for fraudulent
33 issuance of decal -- Deposit and use of fee revenue.
34 (1) (a) Except as provided in Subsection (1)(b), any [
35 or operating a nonresident off-highway vehicle who operates or gives another person
36 permission to operate the nonresident off-highway vehicle on any public land, trail, street, or
37 highway in this state shall:
38 (i) apply for an off-highway vehicle decal issued exclusively for an off-highway
39 vehicle owned by a nonresident of the state;
40 (ii) pay an annual off-highway vehicle user fee; and
41 (iii) provide evidence that[
43 (b) The provisions of Subsection (1)(a) do not apply to an off-highway vehicle if the
44 off-highway vehicle is:
45 (i) registered in another state that offers reciprocal operating privileges to Utah
46 residents under rules made by the board;
47 (ii) used exclusively for the purposes of a scheduled competitive event sponsored by a
48 public or private entity or another event sponsored by a governmental entity under rules made
49 by the board; [
50 (iii) owned and operated by a state government agency and the operation of the
51 off-highway vehicle within the boundaries of the state is within the course and scope of the
52 duties of the agency[
53 (iv) used exclusively for the purpose of an off-highway vehicle manufacturer
54 sponsored event within the state under rules made by the board.
55 (2) The off-highway vehicle user fee is $30.
56 (3) Upon compliance with the provisions of Subsection (1)(a), the nonresident shall:
57 (a) receive a nonresident off-highway vehicle user decal indicating compliance with the
58 provisions of Subsection (1)(a); and
59 (b) display the decal on the off-highway vehicle in accordance with rules made by the
61 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
62 board shall make rules establishing:
63 (a) procedures for:
64 (i) the payment of off-highway vehicle user fees; and
65 (ii) the display of a decal on an off-highway vehicle as required under Subsection
67 (b) acceptable evidence indicating compliance with Subsection (1);
68 (c) eligibility requirements for reciprocal operating privileges for nonresident users;
70 (d) eligibility for scheduled competitive events or other events under Subsection
72 (e) eligibility for an off-highway vehicle manufacturer sponsored event under
73 Subsection (1)(b)(iv).
74 (5) (a) An off-highway vehicle user decal may be issued and the off-highway vehicle
75 user fee may be collected by the division or agents of the division.
76 (b) An agent shall retain 10% of all off-highway vehicle user fees collected.
77 (c) The division may require agents to obtain a bond in a reasonable amount.
78 (d) On or before the tenth day of each month, each agent shall:
79 (i) report all sales to the division; and
80 (ii) submit all off-highway vehicle user fees collected less the remuneration provided in
81 Subsection (5)(b).
82 (e) (i) If an agent fails to pay the amount due, the division may assess a penalty of 20%
83 of the amount due.
84 (ii) Delinquent payments shall bear interest at the rate of 1% per month.
85 (iii) If the amount due is not paid because of bad faith or fraud, the division shall assess
86 a penalty of 100% of the total amount due together with interest.
87 (f) All fees collected by an agent, except the remuneration provided in Subsection
88 (5)(b), shall:
89 (i) be kept separate and apart from the private funds of the agent; and
90 (ii) belong to the state.
91 (g) An agent may not issue an off-highway vehicle user decal to any person unless the
92 person furnishes evidence of compliance with the provisions of Subsection (1)(a).
93 (h) A violation of any provision of this Subsection (5) is a class B misdemeanor and
94 may be cause for revocation of the agent authorization.
95 (6) Revenue generated by off-highway vehicle user fees shall be deposited in the
96 Off-highway Vehicle Account created in Section 41-22-19 .
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