7 LONG TITLE
8 General Description:
9 This bill removes provisions allowing reciprocity of off-highway vehicle permits with
10 other states.
11 Highlighted Provisions:
12 This bill:
13 ▸ removes provisions allowing reciprocity of off-highway vehicle permits with other
15 ▸ allows nonresident use of an off-highway vehicle used exclusively as an
16 off-highway implement of husbandry; and
17 ▸ makes technical changes.
18 Money Appropriated in this Bill:
20 Other Special Clauses:
21 This bill provides a special effective date.
22 Utah Code Sections Affected:
24 41-22-35, as last amended by Laws of Utah 2013, Chapter 332
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 41-22-35 is amended to read:
28 41-22-35. Off-highway vehicle user fee -- Decal -- Agents -- Penalty for fraudulent
29 issuance of decal -- Deposit and use of fee revenue.
30 (1) (a) Except as provided in Subsection (1)(b), any person owning or operating a
31 nonresident off-highway vehicle who operates or gives another person permission to operate
32 the nonresident off-highway vehicle on any public land, trail, street, or highway in this state
34 (i) apply for an off-highway vehicle decal issued exclusively for an off-highway
35 vehicle owned by a nonresident of the state;
36 (ii) pay an annual off-highway vehicle user fee; and
37 (iii) provide evidence that the owner is a nonresident.
38 (b) The provisions of Subsection (1)(a) do not apply to an off-highway vehicle if the
39 off-highway vehicle is:
40 (i) [
43 (ii) used exclusively for the purposes of a scheduled competitive event sponsored by a
44 public or private entity or another event sponsored by a governmental entity under rules made
45 by the board;
46 (iii) owned and operated by a state government agency and the operation of the
47 off-highway vehicle within the boundaries of the state is within the course and scope of the
48 duties of the agency; or
49 (iv) used exclusively for the purpose of an off-highway vehicle manufacturer
50 sponsored event within the state under rules made by the board.
51 (2) The off-highway vehicle user fee is $30.
52 (3) Upon compliance with the provisions of Subsection (1)(a), the nonresident shall:
53 (a) receive a nonresident off-highway vehicle user decal indicating compliance with the
54 provisions of Subsection (1)(a); and
55 (b) display the decal on the off-highway vehicle in accordance with rules made by the
57 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
58 board shall make rules establishing:
59 (a) procedures for:
60 (i) the payment of off-highway vehicle user fees; and
61 (ii) the display of a decal on an off-highway vehicle as required under Subsection
63 (b) acceptable evidence indicating compliance with Subsection (1);
68 Subsection [
69 (5) (a) An off-highway vehicle user decal may be issued and the off-highway vehicle
70 user fee may be collected by the division or agents of the division.
71 (b) An agent shall retain 10% of all off-highway vehicle user fees collected.
72 (c) The division may require agents to obtain a bond in a reasonable amount.
73 (d) On or before the tenth day of each month, each agent shall:
74 (i) report all sales to the division; and
75 (ii) submit all off-highway vehicle user fees collected less the remuneration provided in
76 Subsection (5)(b).
77 (e) (i) If an agent fails to pay the amount due, the division may assess a penalty of 20%
78 of the amount due.
79 (ii) Delinquent payments shall bear interest at the rate of 1% per month.
80 (iii) If the amount due is not paid because of bad faith or fraud, the division shall assess
81 a penalty of 100% of the total amount due together with interest.
82 (f) All fees collected by an agent, except the remuneration provided in Subsection
83 (5)(b), shall:
84 (i) be kept separate and apart from the private funds of the agent; and
85 (ii) belong to the state.
86 (g) An agent may not issue an off-highway vehicle user decal to any person unless the
87 person furnishes evidence of compliance with the provisions of Subsection (1)(a).
88 (h) A violation of any provision of this Subsection (5) is a class B misdemeanor and
89 may be cause for revocation of the agent authorization.
90 (6) Revenue generated by off-highway vehicle user fees shall be deposited in the
91 Off-highway Vehicle Account created in Section 41-22-19.
92 Section 2. Effective date.
93 This bill takes effect on January 1, 2020.