Natural Resources, Parks and Recreation

Section R651-406-1

Annual Registration Fee

Notice of Proposed Rule

(Amendment)

DAR File No.: 36232
Filed: 05/16/2012 04:54:56 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Off-Highway Vehicle (OHV) registration fees have remained constant for many years. The Division, in an effort to operate as a business identified that the snowmobile grooming program was exceeding expenses, compared to revenue collected. In 2012, there was legislation introduced (S.B. 15) that would allow the Board of Parks and Recreation to increase the annual snowmobile registration fee to a maximum of $26. In addition, the annual registration fee for each ATV and OHM would increase to $18, with $1 being provided to the Utah Highway Patrol Aero Bureau restricted account.

Summary of the rule or change:

OHV registration fees are currently set at $17 per registration. In addition to the registration fee, several additional fees are charged, including a $2 education fee, a $2 DMV electronic payment fee, a 50 cent search and rescue fee, $1.50 towards School and Trust Lands Administration and a $1 transaction fee bringing the total fee to $17. OHV owners must also pay a property tax assessment to their county of residence prior to registering an OHV. During calendar year 2011, 199,070 off-highway vehicles were registered in Utah. These registrations produced a net revenue to the Division of approximately $3,300,000. Beginning 07/01/2012, the Utah Highway Patrol Aero Bureau will receive $1 automatically from each OHV registration, potentially costing the Division $199,070 per year at the current registration rates. The only way for the Division to recoup this lost revenue is through a registration fee increase for each ATV and OHM. Simultaneously, by increasing the snowmobile registration fee, as identified with the passing and signing of S.B. 15 (2012 General Session), this will increase revenue by approximately $104,000. This additional revenue will be used exclusively for the snowmobile grooming operations.

State statutory or constitutional authorization for this rule:

• Section 41-22-8

Anticipated cost or savings to:

the state budget:

In order to offset the $104,000 cut to the OHV Off-Highway Restricted Fund budget, a $1 fee increase is proposed for each registered Off Highway Vehicle. The snowmobile registration fees will increase to $4 to cover operational costs of the snowmobile grooming program.

local governments:

There are no additional costs or savings to local government. This affects state government and users only.

small businesses:

This could affect small businesses associated with registration of Off-Highway Vehicles. On each ATV and snowmobile registration, the fees will increase $1 to cover the costs associated with the Utah Highway Patrol Aero Bureau Division. On snowmobiles, the registration fees will increase $4 to cover operational costs of the snowmobile grooming program.

persons other than small businesses, businesses, or local governmental entities:

On each ATV and snowmobile registration, the fees will increase $1 to cover the costs associated with the Utah Highway Patrol Aero Bureau Division. On snowmobiles the registration fees will increase $4 to cover operational costs of the snowmobile grooming program.

Compliance costs for affected persons:

On each ATV and snowmobile registration, the fess will increase $1 to cover the costs associated with the Utah Highway Patrol Aero Bureau Division. On snowmobiles the registration fees will increase $4 to cover operational costs of the snowmobile grooming program.

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

No impact anticipated.

Michael Styler, Executive Director

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

Natural Resources
Parks and RecreationRoom 116
1594 W NORTH TEMPLE
SALT LAKE CITY, UT 84116-3154

Direct questions regarding this rule to:

• Tammy Wright at the above address, by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@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:

07/16/2012

This rule may become effective on:

07/23/2012

Authorized by:

Fred Hayes, Acting Director

R651. Natural Resources, Parks and Recreation.

R651-406. Off-Highway Vehicle Registration Fees.

R651-406-1. Annual Registration Fee.

The annual All-terrain Vehicle and off-highway motorcycle registration fee is $[17]18. The annual snowmobile registration fee is $22.

 

R651-406-2. Fee For Duplicate Registration.

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

 

R651-406-3. Fee For Duplicate Numbered Stickers.

The fee for duplicate numbered stickers is $5.

 

KEY: off-highway vehicles

Date of Enactment or Last Substantive Amendment: [August 18, 2006]July 23, 2012

Notice of Continuation: March 28, 2011

Authorizing, and Implemented or Interpreted Law: 41-22-8