This document includes House Floor Amendments incorporated into the bill on Tue, Jan 17, 2023 at 4:02 PM by pflowers.
This document includes House Floor Amendments incorporated into the bill on Tue, Jan 17, 2023 at 4:33 PM by pflowers.
This document includes House Floor Amendments incorporated into the bill on Tue, Jan 17, 2023 at 4:44 PM by pflowers.
1     
OFF-HIGHWAY VEHICLE REGISTRATION REQUIREMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Carl R. Albrecht

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     Committee Note:
9          The Natural Resources, Agriculture, and Environment Interim Committee
10     recommended this bill.
11               Legislative Vote:     16 voting for     0 voting against     2 absent
12     General Description:
13          This bill exempts a snowmobile from the requirement to obtain and display a license
14     plate for an off-highway vehicle and amends provisions related to off-highway vehicle
15     safety courses.
16     Highlighted Provisions:
17          This bill:
18          ▸     exempts a snowmobile from the requirement to obtain and display a license plate
19     for an off-highway vehicle;
20          ▸     allows the Motor Vehicle Division to charge a fee for the issuance of a new or
21     replacement license plate;
22          ▸     amends requirements related to off-highway safety courses; and
23          ▸     makes technical changes.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          This bill provides a special effective date.

28          This bill provides retrospective operation.
29     Utah Code Sections Affected:
30     AMENDS:
31          41-22-3, as last amended by Laws of Utah 2022, Chapter 143
32          41-22-5.1, as last amended by Laws of Utah 2022, Chapters 68, 143
33          41-22-19, as last amended by Laws of Utah 2022, Chapters 68, 143
34          41-22-32, as last amended by Laws of Utah 2022, Chapter 57
35     REPEALS AND REENACTS:
36          41-22-31, as last amended by Laws of Utah 2022, Chapters 57, 68 and 143
37     

38     Be it enacted by the Legislature of the state of Utah:
39          Section 1. Section 41-22-3 is amended to read:
40          41-22-3. Registration of vehicles -- Application -- Issuance of sticker and card --
41     Proof of property tax payment -- Records.
42          (1) (a) Unless exempted under Section 41-22-9, a person may not operate or transport
43     and an owner may not give another person permission to operate or transport any off-highway
44     vehicle on any public land, trail, street, or highway in this state unless the off-highway vehicle
45     is registered under this chapter for the current year.
46          (b) Unless exempted under Section 41-22-9, a dealer may not sell an off-highway
47     vehicle which can be used or transported on any public land, trail, street, or highway in this
48     state, unless the off-highway vehicle is registered or is in the process of being registered under
49     this chapter for the current year.
50          (c) Unless specifically provided in this chapter, the division shall administer license
51     plates, decals, and registration of off-highway vehicles in accordance with Chapter 1a, Motor
52     Vehicle Act.
53          (2) (a) The owner of an off-highway vehicle subject to registration under this chapter
54     shall apply to the Motor Vehicle Division for registration on forms approved by the Motor
55     Vehicle Division.
56          (b) An owner of an off-highway vehicle may apply for automatic registration renewal
57     as described in Section 41-1a-216.
58          (3) Each application for registration of an off-highway vehicle shall be accompanied

59     by:
60          (a) evidence of ownership, a title, or a manufacturer's certificate of origin, and a bill of
61     sale showing ownership, make, model, horsepower or displacement, and serial number;
62          (b) the past registration card; or
63          (c) the fee for a duplicate.
64          (4) (a) (i) Beginning on January 1, 2023, except as provided in Subsection (4)(e), the
65     first time an off-highway vehicle is registered, the Motor Vehicle Division shall issue one
66     off-highway vehicle license plate, a registration decal, and a registration card.
67          (ii) If an off-highway vehicle has been registered previously in this state but has not
68     been issued an off-highway vehicle license plate, beginning on January 1, 2023, upon
69     application for registration renewal, the Motor Vehicle Division shall issue one off-highway
70     vehicle license plate, a registration decal, and a registration card.
71          (b) Upon each annual registration, the Motor Vehicle Division shall issue a registration
72     decal and a registration card for each off-highway vehicle registered.
73          (c) The off-highway vehicle license plate:
74          (i) shall contain a unique five-digit number, using numbers, letters, or a combination of
75     numbers and letters, to identify the off-highway vehicle for which it is issued;
76          (ii) shall be affixed to the rear of the off-highway vehicle for which it is issued in a
77     plainly visible and upright position as prescribed by rule of the division under Section
78     41-22-5.1;
79          (iii) shall be maintained free of foreign materials and in a condition to be clearly
80     legible;
81          (iv) shall be a distinct tan color with black lettering to identify the license plate as an
82     off-highway vehicle license plate;
83          (v) shall have a location to attach the registration decal; and
84          (vi) may not be a personalized license plate or a special group license plate.
85          (d) At all times, a registration card shall be kept with the off-highway vehicle and shall
86     be available for inspection by a law enforcement officer.
87          (e) An off-highway vehicle that is a motorcycle or a snowmobile is:
88          (i) not required to obtain or display an off-highway vehicle license plate; and
89          (ii) required to obtain and display an off-highway vehicle registration sticker.

90          (5) (a) Except as provided by Subsection (5)(c), an applicant for a registration card and
91     registration decal shall provide the Motor Vehicle Division a certificate, described under
92     Subsection (5)(b), from the county assessor of the county in which the off-highway vehicle has
93     situs for taxation.
94          (b) The certificate required under Subsection (5)(a) shall state one of the following:
95          (i) the property tax on the off-highway vehicle for the current year has been paid;
96          (ii) in the county assessor's opinion, the tax is a lien on real property sufficient to
97     secure the payment of the tax; or
98          (iii) the off-highway vehicle is exempt by law from payment of property tax for the
99     current year.
100          (c) An off-highway vehicle for which an off-highway implement of husbandry sticker
101     has been issued in accordance with Section 41-22-5.5 is:
102          (i) exempt from the requirement under this Subsection (5);
103          (ii) not required to obtain or purchase an off-highway vehicle license plate; and
104          (iii) required to obtain and display an off-highway vehicle registration sticker.
105          (6) (a) All records of the division made or kept under this section shall be classified by
106     the Motor Vehicle Division in the same manner as motor vehicle records are classified under
107     Section 41-1a-116.
108          (b) Division records are available for inspection in the same manner as motor vehicle
109     records under Section 41-1a-116.
110          (7) A violation of this section is an infraction.
111          Section 2. Section 41-22-5.1 is amended to read:
112          41-22-5.1. Rules of division relating to display of registration stickers.
113          In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
114     division, after notifying the commission, shall make rules for the display of an off-highway
115     vehicle license plate and registration decal on an off-highway vehicle in accordance with
116     Section 41-22-3.
117          Section 3. Section 41-22-19 is amended to read:
118          41-22-19. Deposit of fees and related money into Off-highway Vehicle Account --
119     Use for facilities, costs and expenses of division, and education -- Request for matching
120     funds.

121          (1) (a) Except as provided under Subsections (3) [and (4)] through (5) and Sections
122     41-22-34 and 41-22-36, registration fees and related money collected by the Motor Vehicle
123     Division or any agencies designated to act for the Motor Vehicle Division under this chapter
124     shall be deposited as restricted revenue into the Off-highway Vehicle Account in the General
125     Fund less the costs incurred by the Motor Vehicle Division for collecting off-highway vehicle
126     registration fees [or issuing an off-highway vehicle license plate].
127          (b) The balance of the money may be used by the division:
128          (i) for the construction, improvement, operation, acquisition, or maintenance of
129     publicly owned or administered off-highway vehicle facilities, including public access
130     facilities;
131          (ii) for the mitigation of impacts associated with off-highway vehicle use;
132          (iii) for the education of off-highway vehicle users;
133          (iv) for off-highway vehicle access protection;
134          (v) to support off-highway vehicle search and rescue activities and programs;
135          (vi) to promote and encourage off-highway vehicle tourism;
136          (vii) for other uses that further the policy set forth in Section 41-22-1;
137          (viii) as grants or matching funds with a federal agency, state agency, political
138     subdivision of the state, or organized user group for any of the uses described in Subsections
139     (1)(b)(i) through (vii); and
140          (ix) for the administration and enforcement of this chapter.
141          (2) An agency or political subdivision requesting matching funds shall submit plans for
142     proposed off-highway vehicle facilities to the division for review and approval.
143          (3) (a) One dollar and 50 cents of each annual registration fee collected under
144     Subsection 41-22-8(1) and each off-highway vehicle user fee collected under Subsection
145     41-22-35(2) shall be deposited into the Land Grant Management Fund created under Section
146     53C-3-101.
147          (b) The Utah School and Institutional Trust Lands Administration shall use the money
148     deposited under Subsection (3)(a) for costs associated with off-highway vehicle use of legally
149     accessible lands within its jurisdiction as follows:
150          (i) to improve recreational opportunities on trust lands by constructing, improving,
151     maintaining, or perfecting access for off-highway vehicle trails; and

152          (ii) to mitigate impacts associated with off-highway vehicle use.
153          (c) An unused balance of the money deposited under Subsection (3)(a) exceeding
154     $350,000 at the end of each fiscal year shall be deposited in the Off-highway Vehicle Account
155     under Subsection (1).
156          (4) One dollar of each off-highway vehicle registration fee collected under Subsection
157     41-22-8(1) shall be deposited into the Utah Highway Patrol Aero Bureau Restricted Account
158     created in Section 53-8-303.
159          (5) (a) The Motor Vehicle Division shall collect a fee for any new or replacement
160     license plate issued under this chapter.
161          (b) The fee described in Subsection (5)(a) shall be an amount equal to the fee for a new
162     or replacement license plate as established pursuant to Section 63J-1-504.
163          (c) Ĥ→ [
The Motor Vehicle Division shall deposit the fee described in Subsection (5)(a) into
164     the License Plate Restricted Account created under Section 41-1a-122.
] The commission shall use

164a     the revenue generated by the fee described in Subsection (5)(a) to cover the costs of issuing
164b     license plates under this chapter in the same manner as described in Subsection 41-1a-1201(3).
164c     ←Ĥ
165          [(5)] (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
166     Act, the division, after notifying the commission, shall make rules as necessary to implement
167     this section.
168          Section 4. Section 41-22-31 is repealed and reenacted to read:
169          41-22-31. Division to set standards for safety program -- Safety certificates issued
170     -- Cooperation with public and private entities -- State immunity from suit.
171          (1) (a) The division shall:
172          (i) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
173     make rules, after notifying the commission, that establish curriculum standards for a
174     comprehensive off-highway vehicle safety education and training program as described in this
175     section; and
176          (ii) implement the program.
177          (b) (i) The division shall design the program to develop and instill the knowledge,
178     attitudes, habits, and skills necessary for the safe and ethical operation of an off-highway
179     vehicle.
180          (ii) Components of the program shall include:
181          (A) the preparation and dissemination of off-highway vehicle information and safety
182     advice to the public;

183          (B) the training of off-highway vehicle operators;
184          (C) education concerning the importance of gates and fences used in agriculture and
185     how to properly close a gate; and
186          (D) education concerning respectful, sustainable, and on-trail off-highway vehicle
187     operation, and respect for communities affected by off-highway vehicle operation.
188          (iii) Off-highway vehicle safety certificates shall be issued to those who successfully
189     complete training or pass the knowledge and skills test established under the program and
190     described in Subsections (2) and (3).
191          (iv) The division shall ensure that an individual has the option to complete the program
192     online.
193          (2) Except as provided in Subsection (4), an individual under 18 years old may not
194     operate an off-highway vehicle on public lands in this state unless the individual has completed
195     the requirements of the program established in accordance with this section and rules made in
196     accordance with Subsection (1) by completing:
197          (a) an in-person safety and skills course offered by the division; or
198          (b) a safety and skills course approved by the division that is offered online.
199          (3) Except as provided in Subsection (4), an individual that is 18 years old or older
200     may not operate an off-highway vehicle on public lands in this state unless the individual has
201     completed the requirements of the program established in accordance with this section and
202     rules made in accordance with Subsection (1) by completing:
203          (a) a course described in Subsection (2); or
204          (b) a one-time course offered or approved by the division.
205          (4) The requirements described in this section do not apply to:
206          (a) a snowmobile or an off-highway implement of husbandry; or
207          (b) an individual operating an off-highway vehicle as part of a guided tour or a
208     sanctioned off-highway vehicle event.
209          (5) A person may not rent an off-highway vehicle to an individual until the individual
210     who will operate the off-highway vehicle presents a certificate of completion of the
211     off-highway vehicle safety education and training program established in accordance with this
212     section and rules made under Subsection (1).
213          (6) The division may cooperate with appropriate private organizations and

214     associations, private and public corporations, and local government units to implement the
215     program established under this section.
216          (7) In addition to the governmental immunity granted in Title 63G, Chapter 7,
217     Governmental Immunity Act of Utah, the state is immune from suit for any act, or failure to
218     act, in any capacity relating to the off-highway vehicle safety education and training program.
219     The state is also not responsible for any insufficiency or inadequacy in the quality of training
220     provided by this program.
221          (8) A person convicted of a violation of this section is guilty of an infraction and shall
222     be fined not more than $150 per offense.
223          Section 5. Section 41-22-32 is amended to read:
224          41-22-32. Approval of safety courses.
225          (1) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
226     the division may make rules, after consultation with the commission, that establish standards
227     for an off-highway vehicle safety course for instruction on the safe operation of an off-highway
228     vehicle.
229          (b) The division shall require that the information described in Subsection
230     [41-22-31(1)(c)(iii)] 41-22-31(1)(b)(ii) be part of an off-highway vehicle safety course for
231     instruction on the safe operation of an off-highway vehicle.
232          (2) If a private organization meets the standards set by the division under Subsection
233     (1), the division shall approve the off-highway vehicle safety course as compliant with the
234     standards and purposes of this chapter.
235          Section 6. Effective date.
236          Ĥ→ [
This] If approved by two-thirds of all the members elected to each house, this ←Ĥ
236a     bill takes effect upon approval by the governor, or the day following the
237     constitutional time limit of Utah Constitution, Article VII, Section 8, without the governor's
238     signature, or in the case of a veto, the date of veto override.
239          Section 7. Retrospective operation.
240          The following sections have retrospective operation to January 1, 2023:
241          (1) Section 41-22-3; and
242          (2) Section 41-22-19.
243