No. 29163 (Amendment): R651-634-1. User Permits and Fees

DAR File No.: 29163
Filed: 10/26/2006, 08:02
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule section contains information for User Permits and Fees and the Nonresident Off-Highway Vehicles (OHV) users permits and their expiration date. Because these permits are purchased all year long, it is advantageous to the Division of Parks and Recreation and to the recreator to make the expiration date for the Permits take effect 12 months from the first day of the calendar month they are purchased in, rather than making them all expire December 31. That date makes it difficult since permits are purchased all year long and if purchased in October or November, the way it is written, they would have to renew it by December 31 of the same year.

Summary of the rule or change:

Written the new way, making the permit effective 12 months beginning with the first day of the calendar month a person may purchase it, the permit shall not expire until the last day of the same month in the following year.

State statutory or constitutional authorization for this rule:

Sections 41-22-35 and 63-11-17

Anticipated cost or savings to:

the state budget:

There will be a positive impact to the state budget as it appears that the change will allow the State to better market the out-of-state passes, hence it is believed that more passes will be sold to the public. There is no way to estimate the increase in funds at this time since it has not been tried yet.

local governments:

This rule change allows for a more friendly permit system that will encourage more nonresidents to visit Utah to participate in OHV-related activities. Most of those opportunities are located in the more rural parts of the state where the economic impact of out-of-state tourism dollars has the most beneficial impact. Under the current system, many visitors have cut their Christmas vacations short because their permits expired at the end of the year, indicating they would have stayed a couple of extra days, but having to purchase a new permit discouraged them from doing so.

other persons:

This change affects only out-of-state tourists visiting Utah. The permit will be valid for a full year, and it will be much more convenient. In the past holiday visitors have had their permit expire in mid-vacation. This inconvenience to them will go away with this change.

Compliance costs for affected persons:

There are no compliance costs for affected persons because this change only allows for a longer time to use permits and not have them expire at a difficult time, such as during a vacation.

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

I have read and reviewed the above rule for the Division of State Parks and Recreation and approve it to be moved forward in the Rules Process. I find no fiscal impact on businesses. 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 Recreation
1594 W NORTH TEMPLE
SALT LAKE CITY UT 84116-3154

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 [e-mail]

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:

12/15/2006

This rule may become effective on:

01/01/2007

Authorized by:

Mary Tullius, Director

RULE TEXT

R651. Natural Resources, Parks and Recreation.

R651-634. Nonresident OHV User Permits and Fees.

R651-634-1. User Permits and Fees.

Except as provided below, any nonresident owning 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 off-highway vehicle user fee

1. A decal will be issued which proves payment has been made. The decal will then be displayed on the off-highway vehicle as follows: 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 vis[a]ible 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 H.B. 51 (2004 Utah Laws, Chapter 314, effective July 1, 2004) which state that the off-highway vehicle user annual fee will be $30 per year.

4. Nonresident OHV user permits shall [expire December 31, annually]continue in effect for a period of 12 months beginning with the first day of the calendar month of purchase, and shall not expire until the last day of the same month in the following year.

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

Date of Enactment or Last Substantive Amendment: [September 1, 2004]January 1, 2007

Notice of Continuation: July 1, 2005

Authorizing, and Implemented or Interpreted Law: 41-22-35; 63-11-17