DAR File No. 27304

Natural Resources, Parks and Recreation

R651-406

Off-Highway Vehicle Registration Fees

NOTICE OF PROPOSED RULE

DAR File No.: 27304
Filed: 07/15/2004, 02:57
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

Off-Highway Vehicle (OHV) registration fees have remained constant for years. Recently, growth in the activity has placed additional demands on the OHV program for services that we do not have the capability to provide under current budgets. H.B. 220 (2004), authorized the Board to increase registration fees from the current $10 per registration to as much as $17 per registration. It also authorized the Board to increase the fees charged for duplicate registration stickers and duplicate registration certificates. This same legislation also appropriated to the Utah School and Institutional Trust Land Administration (SITLA) $1.50 from each OHV registration for use in managing OHV use on Trust Lands. (DAR NOTE: H.B. 220 is found at UT L 2004 Ch 349, and was effective 07/01/2004.)

Summary of the rule or change:

Beginning July 1, 2004, SITLA will automatically receive $1.50 from each registration, which potentially could result in a total depletion of the OHV Restricted account prior to the 2008 fiscal year, as it would cost the Division of Parks and Recreation $226,000 per year at the current registration fees. Also, education and increased law enforcement are needed to dealing with the huge increase of the rapidly growing OHV use on our public lands and forest areas.

State statutory or constitutional authorization for this rule:

Section 41-22-8

Anticipated cost or savings to:

the state budget:

The registration fee in 2003 was $10 per registration, creating revenue of $1,507,810 during the calendar year. Those funds were deposited into the OHV Restricted Account. The $4 increase approved by the Board on 07/08/2004 will increase the amount of that deposit to $2,110,939 annually (using 2003 registration numbers), an increase of $603,124 per year (at 2003 numbers).

local governments:

Local government would not be involved in this state run program. Therefore, we see no aggregate cost or savings to local government.

other persons:

The cost for a permit will be increased from $10 to $14, to offset the costs for improved and new programs in education, and the growth of the OHV use in the state. Therefore, those registering their OHVs would pay the new fee at the time of registration.

Compliance costs for affected persons:

If the owner of an OHV decides not to register an OHV because of the increase, they could be cited when using an unregistered OHV on public lands.

Comments by the department head on the fiscal impact the rule may have on businesses:

Due to the small size of the proposed increase compared to the relative expense involved with owning and operating OHVs, the department anticipates no fiscal impact on business.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Dee Guess at the above address, by phone at 801-538-7320, by FAX at 801-537-3144, or by Internet E-mail at deeguess@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/31/2004

This rule may become effective on:

09/01/2004

Authorized by:

Mary Tullius, Interim Director

RULE TEXT

R651. Natural Resources, Parks and Recreation.

R651-406. Off-Highway Vehicle Registration Fees.

R651-406-1.

The annual registration fee is $[5]14.

R651-406-2.

The fee for a duplicate certificate of registration is $[1]3.

R651-406-3.

The fee for duplicate numbered stickers is $[2]5.

KEY: off-highway vehicles

[1987]September 1, 2004

Notice of Continuation November 13, 2001

41-22-8

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Dee Guess at the above address, by phone at 801-538-7320, by FAX at 801-537-3144, or by Internet E-mail at deeguess@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.