Representative Derrin R. Owens proposes the following substitute bill:


1     
OFF-HIGHWAY VEHICLE PERMIT AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Derrin R. Owens

5     
Senate Sponsor: Scott D. Sandall

6     

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
14     states;
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:
19          None
20     Other Special Clauses:
21          This bill provides a special effective date.
22     Utah Code Sections Affected:
23     AMENDS:
24          41-22-35, as last amended by Laws of Utah 2013, Chapter 332
25     

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
33     shall:
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) [registered in another state that offers reciprocal operating privileges to Utah
41     residents under rules made by the board] used exclusively as an off-highway implement of
42     husbandry;
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
56     board.
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
62     (3)(b);
63          (b) acceptable evidence indicating compliance with Subsection (1);
64          [(c) eligibility requirements for reciprocal operating privileges for nonresident users;]
65          [(d)] (c) eligibility for scheduled competitive events or other events under Subsection
66     [(1)(b)(ii)] (1)(b)(i); and
67          [(e)] (d) eligibility for an off-highway vehicle manufacturer sponsored event under
68     Subsection [(1)(b)(iv)] (1)(b)(iii).
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.