DAR File No. 27306

Natural Resources, Parks and Recreation

R651-634-1

User Fees

NOTICE OF PROPOSED RULE

DAR File No.: 27306
Filed: 07/15/2004, 03:08
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

H.B. 51 (2004) requires that any nonresident who operates or gives permission to operate an off-highway vehicle (OHV) in Utah, shall pay an annual OHV user fee. By law, that fee is set at $30 per vehicle. Snowmobiles have been required to pay the fee since 2001. The new law extends that requirement to ATVs and motorcycles. Under Section 41-22-35, the Board is charged with establishing the parameters within which nonresident user fees are collected, and the associated decals are distributed. (DAR NOTE: H.B. 51 is found at UT L 2004 Ch 314, and was effective 07/01/2004.)

Summary of the rule or change:

Changes in the law necessitate that Section R651-634-1 be amended to include ATVs and off-highway motorcycles.

State statutory or constitutional authorization for this rule:

Section 41-22-35

Anticipated cost or savings to:

the state budget:

The annual fee has been in effect for snowmobiles since July 4, 2000. Adding ATVs and off-highway motorcycles would add a net of approximately $120,000, after costs for the program and expenses are paid.

local governments:

This is a state run program and would not affect local government in costs or savings.

other persons:

Out-of-state visitors coming to Utah to operate their snowmobile, off-highway motorcycle, or ATV will pay the $30 fee in accordance to S.B. 14 (1999) that was effective 07/01/1999 and H.B. 51 that was effective 07/01/2004. (DAR NOTE: S.B. 14 is found at UT L 1999 Ch 1, and was effective 07/01/1999.)

Compliance costs for affected persons:

Any person from out-of-state, operating the off-highway vehicles without paying the fee will be cited with a Class C Misdemeanor (Subsection 41-22-17(1)).

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

Due to the small size of the new fee relative to the expense of owning and operating these vehicles, the department anticipates no fiscal impact to businesses.

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.

R651-634. Snowmobile User Fee - Non-Residents.

R651-634-1. User Fees.

Except as provided [in Subsection 41-22-29(1)(b)]below, any nonresident owning [a snowmobile who operates or gives another person permission to operate the snowmobile]an off-highway vehicle, who operates or gives another person permission to operate the off-highway vehicle on any public land, trail, street or highway in this state, shall pay an annual [snowmobile]off-highway vehicle user fee

1. A decal will be [dispersed by]issued which proves payment has been made. The decal will then be displayed on the [snowmoile]off-highway vehicle as follows: [in accordance with the rules of the board. The decal should not be transferred.]On snowmobiles, the decal shall be mounted on the left side of the hood, pan or tunnel. On motorcycles, the decal shall be mounted on the left fork, or on the left side body plastic. On all-terrain vehicles, the decal shall be mounted on the rear of the vehicle. Vehicle types are defined in 41-22-2 UCA. In all instances, the decal shall be mounted in a visable location. The decal shall be non-transferable.

2. A receipt will be issued with the decal indicating the fee paid, the Vehicle Identification Number (VIN) of the off-highway vehicle, and the off-highway vehicle owner's name and address. This receipt shall remain with the off-highway vehicle at all times.

3. Fees charged will be in accordance with S.B. 14 (1999 Utah Laws 1, effective July 1, 1999, and HB 51 (2004 Utah Laws, effective July 1, 2004) which state[s] that the [snowmobile]off-highway vehicle user annual fee will be $30 per year.

4. Nonresident OHV user permits shall expire December 31, annually.

[This rule will terminate the registration requirement for snowmobiles owned by nonresidents, providing for the collection of fees and issuance of decals by agents of the Division of Park and Recreation; and provide for a criminal penalty]Applicants for a nonresident OHV user permit shall provide evidence that the applicant is the owner of the off-highway vehicle, and is not a resident of Utah. Such evidence shall include:

a. A government issued identification card showing the state of residency of the off-highway vehicle owner, and one of the following:

(1) A title or certificate of registration from a state other than Utah.

(2) An original bill of sale; or

b. A sworn affidavit stating that the off-highway vehicle is owned by a nonresident of the State of Utah. The affidavit must state the name and address of the vehicle owner, and a description of the off-highway vehicle, including the Vehicle Identification Number (VIN).

Off-highway vehicles currently registered in a state offering reciprocal operating privileges to Utah residents shall be exempt from the nonresident user fee requirements of this rule. The Division shall maintain a list of states offering reciprocal operating privileges to Utah residents. This list shall be updated at least annually.

Provisions of this rule shall not apply to off-highway vehicles exempt under 41-22-35(1)(b)(i), or to off-highway vehicles participating in scheduled competitive events sponsored by a public or private entity, or in noncompetitive events sponsored in whole or in part by any governmental entity.

KEY: parks

[July 4, 2000]September 1, 2004

[41-22-29(1)(a)]41-22-35

[41-22-29(1)(b)]

63-11-17

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.