DAR File No. 42431

Natural Resources, Parks and Recreation

Rule R651-406

Off-Highway Vehicle Registration Fees

Notice of Proposed Rule

(Amendment)

DAR File No.: 42431
Filed: 01/02/2018 06:35:20 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

During the 2017 General Session, H.B. 51 was passed. This was an overall cleanup bill of the Title 41, Chapter 22. This title and chapter have not been cleaned up since 1987. H.B. 51 (2017) removed items that were no longer valid and added language for laws in existing code sections. Section 41-22-33 currently reads: "(1) A fee set by the board in accordance with Section 63J-1-504 shall be added to the registration fee required to register an off-highway vehicle under Section 41-2-8 to help fund the off-highway vehicle safety and education program." The Division of Motor Vehicles is currently collecting a $2 fee, for the Division of Utah State Parks and Recreation's off-highway vehicles (OHV) safety and education program. This amendment brings the Division of Parks and Recreation into compliance with Section 41-22-33.

Summary of the rule or change:

Annual OHV registration fees are currently set at $18 per off-highway motorcycles (OHM), Type I and Type II OHV's and $22 per snowmobile registration. In addition to the registration fee, several additional fees are charged including $1.50 to the School and Institutional Trust Lands Administration (SITLA) for OHV impacts to Trust Lands, $1 Division of Motor Vehicle (DMV) electronic fee, $4 DMV sticker fee, $1 Utah Highway Patrol (UHP) Aero Bureau and a $0.50 Search and Rescue fee. OHV owners must also pay an age-based fee in lieu of property tax assessment to their county of residence prior to registering an OHV. With the passing of H.B. 51, making these changes would bring the Division of Parks and Recreation into compliance with Section 41-22-33.

Statutory or constitutional authorization for this rule:

• Section 41-22-8

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget. The DMV was already collecting a $2 fee. This was a cleanup amendment from H.B. 51 (2017) and brings the Division of Parks and Recreation into compliance with Section 41-22-33.

local governments:

There is no anticipated cost or savings to local governments. This does not affect local governments as it was part of the cleanup of Section 41-22-33 per H.B. 51 (2017).

small businesses:

There is no anticipated cost or savings to small businesses. This was a cleanup for H.B. 51 (2017) for Section 41-22-33.

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

There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities. This was part of H.B. 51 (2017) which is a cleanup of Section 41-22-33. The fee was previously being collected by the DMV.

Compliance costs for affected persons:

The $2 fee has previously been being collected by the DMV, so the compliance costs are not new. This amendment was part of a cleanup for Section 41-22-33 from H.B. 51 (2017).

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

This rule should have no impact on businesses.

Michael R. Styler, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office 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:

02/14/2018

This rule may become effective on:

02/21/2018

Authorized by:

Fred Hayes, Director

R651. Natural Resources, Parks and Recreation.

R651-406. Off-Highway Vehicle Registration Fees.

R651-406-1. Annual Registration Fee.

(1) The annual All-terrain Vehicle and off-highway motorcycle registration fee is $18. The annual snowmobile registration fee is $22.

(2) An annual fee of $2 shall be collected to fund the off-highway vehicle safety and education program in addition to each off-highway vehicle registration.

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: [July 23, 2012]2018

Notice of Continuation: January 7, 2016

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