Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 55 (2023GS)

Sponsor

Rep. Albrecht, C.

Final action

Governor Signed 2/16/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• exempts a snowmobile from the requirement to obtain and display a license plate for an off-highway vehicle;
• allows the Motor Vehicle Division to charge a fee for the issuance of a new or replacement license plate;
• amends requirements related to off-highway safety courses; and
• makes technical changes.

Every vote on this bill

Bill text

This document includes House Floor Amendments incorporated into the bill on Tue, Jan 17, 2023 at 4:02 PM by pflowers.
This document includes House Floor Amendments incorporated into the bill on Tue, Jan 17, 2023 at 4:33 PM by pflowers.
This document includes House Floor Amendments incorporated into the bill on Tue, Jan 17, 2023 at 4:44 PM by pflowers.
OFF-HIGHWAY VEHICLE REGISTRATION REQUIREMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Carl R. Albrecht
Senate Sponsor: 
Curtis S. Bramble
LONG TITLE
Committee Note:
The Natural Resources, Agriculture, and Environment Interim Committee
recommended this bill.
Legislative Vote: 16 voting for 0 voting against 2 absent
General Description:
This bill exempts a snowmobile from the requirement to obtain and display a license
plate for an off-highway vehicle and amends provisions related to off-highway vehicle
safety courses.
Highlighted Provisions:
This bill:
▸ exempts a snowmobile from the requirement to obtain and display a license plate
for an off-highway vehicle;
▸ allows the Motor Vehicle Division to charge a fee for the issuance of a new or
replacement license plate;
▸ amends requirements related to off-highway safety courses; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
This bill provides retrospective operation.
Utah Code Sections Affected:
AMENDS:
41-22-3
, as last amended by Laws of Utah 2022, Chapter 143
41-22-5.1
, as last amended by Laws of Utah 2022, Chapters 68, 143
41-22-19
, as last amended by Laws of Utah 2022, Chapters 68, 143
41-22-32
, as last amended by Laws of Utah 2022, Chapter 57
REPEALS AND REENACTS:
41-22-31
, as last amended by Laws of Utah 2022, Chapters 57, 68 and 143
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-22-3
 is amended to read:
41-22-3.
Registration of vehicles -- Application -- Issuance of sticker and card --
Proof of property tax payment -- Records.
(1) (a) Unless exempted under Section 
41-22-9
, a person may not operate or transport
and an owner may not give another person permission to operate or transport any off-highway
vehicle on any public land, trail, street, or highway in this state unless the off-highway vehicle
is registered under this chapter for the current year.
(b) Unless exempted under Section 
41-22-9
, a dealer may not sell an off-highway
vehicle which can be used or transported on any public land, trail, street, or highway in this
state, unless the off-highway vehicle is registered or is in the process of being registered under
this chapter for the current year.
(c) Unless specifically provided in this chapter, the division shall administer license
plates, decals, and registration of off-highway vehicles in accordance with Chapter 1a, Motor
Vehicle Act.
(2) (a) The owner of an off-highway vehicle subject to registration under this chapter
shall apply to the Motor Vehicle Division for registration on forms approved by the Motor
Vehicle Division.
(b) An owner of an off-highway vehicle may apply for automatic registration renewal
as described in Section 
41-1a-216
.
(3) Each application for registration of an off-highway vehicle shall be accompanied
by:
(a) evidence of ownership, a title, or a manufacturer's certificate of origin, and a bill of
sale showing ownership, make, model, horsepower or displacement, and serial number;
(b) the past registration card; or
(c) the fee for a duplicate.
(4) (a) (i) Beginning on January 1, 2023, except as provided in Subsection (4)(e), the
first time an off-highway vehicle is registered, the Motor Vehicle Division shall issue one
off-highway vehicle license plate, a registration decal, and a registration card.
(ii) If an off-highway vehicle has been registered previously in this state but has not
been issued an off-highway vehicle license plate, beginning on January 1, 2023, upon
application for registration renewal, the Motor Vehicle Division shall issue one off-highway
vehicle license plate, a registration decal, and a registration card.
(b) Upon each annual registration, the Motor Vehicle Division shall issue a registration
decal and a registration card for each off-highway vehicle registered.
(c) The off-highway vehicle license plate:
(i) shall contain a unique five-digit number
, using numbers, letters, or a combination of
numbers and letters,
 to identify the off-highway vehicle for which it is issued;
(ii) shall be affixed to the rear of the off-highway vehicle for which it is issued in a
plainly visible and upright position as prescribed by rule of the division under Section
41-22-5.1
;
(iii) shall be maintained free of foreign materials and in a condition to be clearly
legible;
(iv) shall be a distinct tan color with black lettering to identify the license plate as an
off-highway vehicle license plate;
(v) shall have a location to attach the registration decal; and
(vi) may not be a personalized license plate or a special group license plate.
(d) At all times, a registration card shall be kept with the off-highway vehicle and shall
be available for inspection by a law enforcement officer.
(e) An off-highway vehicle that is a motorcycle 
or a snowmobile
 is:
(i) not required to obtain or display an off-highway vehicle license plate; and
(ii) required to obtain and display an off-highway vehicle registration sticker.
(5) (a) Except as provided by Subsection (5)(c), an applicant for a registration card and
registration decal shall provide the Motor Vehicle Division a certificate, described under
Subsection (5)(b), from the county assessor of the county in which the off-highway vehicle has
situs for taxation.
(b) The certificate required under Subsection (5)(a) shall state one of the following:
(i) the property tax on the off-highway vehicle for the current year has been paid;
(ii) in the county assessor's opinion, the tax is a lien on real property sufficient to
secure the payment of the tax; or
(iii) the off-highway vehicle is exempt by law from payment of property tax for the
current year.
(c) An off-highway vehicle for which an off-highway implement of husbandry sticker
has been issued in accordance with Section 
41-22-5.5
 is:
(i) exempt from the requirement under this Subsection (5);
(ii) not required to obtain or purchase an off-highway vehicle license plate; and
(iii) required to obtain and display an off-highway vehicle registration sticker.
(6) (a) All records of the division made or kept under this section shall be classified by
the Motor Vehicle Division in the same manner as motor vehicle records are classified under
Section 
41-1a-116
.
(b) Division records are available for inspection in the same manner as motor vehicle
records under Section 
41-1a-116
.
(7) A violation of this section is an infraction.
Section 2. Section 
41-22-5.1
 is amended to read:
41-22-5.1.
Rules of division relating to display of registration stickers.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division, after notifying the commission, shall make rules for the display of an off-highway
vehicle
 license plate and registration decal on an off-highway vehicle in accordance with
Section 
41-22-3
.
Section 3. Section 
41-22-19
 is amended to read:
41-22-19.
Deposit of fees and related money into Off-highway Vehicle Account --
Use for facilities, costs and expenses of division, and education -- Request for matching
funds.
(1) (a) Except as provided under Subsections (3) [
and (4)
] 
through (5)
 and Sections
41-22-34
 and 
41-22-36
, registration fees and related money collected by the Motor Vehicle
Division or any agencies designated to act for the Motor Vehicle Division under this chapter
shall be deposited as restricted revenue into the Off-highway Vehicle Account in the General
Fund less the costs incurred by the Motor Vehicle Division for collecting off-highway vehicle
registration fees [
or issuing an off-highway vehicle license plate
].
(b) The balance of the money may be used by the division:
(i) for the construction, improvement, operation, acquisition, or maintenance of
publicly owned or administered off-highway vehicle facilities, including public access
facilities;
(ii) for the mitigation of impacts associated with off-highway vehicle use;
(iii) for the education of off-highway vehicle users;
(iv) for off-highway vehicle access protection;
(v) to support off-highway vehicle search and rescue activities and programs;
(vi) to promote and encourage off-highway vehicle tourism;
(vii) for other uses that further the policy set forth in Section 
41-22-1
;
(viii) as grants or matching funds with a federal agency, state agency, political
subdivision of the state, or organized user group for any of the uses described in Subsections
(1)(b)(i) through (vii); and
(ix) for the administration and enforcement of this chapter.
(2) An agency or political subdivision requesting matching funds shall submit plans for
proposed off-highway vehicle facilities to the division for review and approval.
(3) (a) One dollar and 50 cents of each annual registration fee collected under
Subsection 
41-22-8
(1) and each off-highway vehicle user fee collected under Subsection
41-22-35
(2) shall be deposited into the Land Grant Management Fund created under Section
53C-3-101
.
(b) The Utah School and Institutional Trust Lands Administration shall use the money
deposited under Subsection (3)(a) for costs associated with off-highway vehicle use of legally
accessible lands within its jurisdiction as follows:
(i) to improve recreational opportunities on trust lands by constructing, improving,
maintaining, or perfecting access for off-highway vehicle trails; and
(ii) to mitigate impacts associated with off-highway vehicle use.
(c) An unused balance of the money deposited under Subsection (3)(a) exceeding
$350,000 at the end of each fiscal year shall be deposited in the Off-highway Vehicle Account
under Subsection (1).
(4) One dollar of each off-highway vehicle registration fee collected under Subsection
41-22-8
(1) shall be deposited into the Utah Highway Patrol Aero Bureau Restricted Account
created in Section 
53-8-303
.
(5) (a) The Motor Vehicle Division shall collect a fee for any new or replacement
license plate issued under this chapter.
(b) The fee described in Subsection (5)(a) shall be an amount equal to the fee for a new
or replacement license plate as established pursuant to Section 
63J-1-504
.
(c)
Ĥ→ [
The Motor Vehicle Division shall deposit the fee described in Subsection (5)(a) into
the License Plate Restricted Account created under Section 
41-1a-122
.
] 
The commission shall use
164a 
the revenue generated by the fee described in Subsection (5)(a) to cover the costs of issuing
164b 
license plates under this chapter in the same manner as described in Subsection 41-1a-1201(3).
164c 
←Ĥ
[
(5)
] 
(6)
 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the division, after notifying the commission, shall make rules as necessary to implement
this section.
Section 4. Section 
41-22-31
 is repealed and reenacted to read:
41-22-31.
Division to set standards for safety program -- Safety certificates issued
-- Cooperation with public and private entities -- State immunity from suit.
(1) (a) The division shall:
(i) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
make rules, after notifying the commission, that establish curriculum standards for a
comprehensive off-highway vehicle safety education and training program as described in this
section; and
(ii) implement the program.
(b) (i) The division shall design the program to develop and instill the knowledge,
attitudes, habits, and skills necessary for the safe and ethical operation of an off-highway
vehicle.
(ii) Components of the program shall include:
(A) the preparation and dissemination of off-highway vehicle information and safety
advice to the public;
(B) the training of off-highway vehicle operators;
(C) education concerning the importance of gates and fences used in agriculture and
how to properly close a gate; and
(D) education concerning respectful, sustainable, and on-trail off-highway vehicle
operation, and respect for communities affected by off-highway vehicle operation.
(iii) Off-highway vehicle safety certificates shall be issued to those who successfully
complete training or pass the knowledge and skills test established under the program and
described in Subsections (2) and (3).
(iv) The division shall ensure that an individual has the option to complete the program
online.
(2) Except as provided in Subsection (4), an individual under 18 years old may not
operate an off-highway vehicle on public lands in this state unless the individual has completed
the requirements of the program established in accordance with this section and rules made in
accordance with Subsection (1) by completing:
(a) an in-person safety and skills course offered by the division; or
(b) a safety and skills course approved by the division that is offered online.
(3) Except as provided in Subsection (4), an individual that is 18 years old or older
may not operate an off-highway vehicle on public lands in this state unless the individual has
completed the requirements of the program established in accordance with this section and
rules made in accordance with Subsection (1) by completing:
(a) a course described in Subsection (2); or
(b) a one-time course offered or approved by the division.
(4) The requirements described in this section do not apply to:
(a) a snowmobile or an off-highway implement of husbandry; or
(b) an individual operating an off-highway vehicle as part of a guided tour or a
sanctioned off-highway vehicle event.
(5) A person may not rent an off-highway vehicle to an individual until the individual
who will operate the off-highway vehicle presents a certificate of completion of the
off-highway vehicle safety education and training program established in accordance with this
section and rules made under Subsection (1).
(6) The division may cooperate with appropriate private organizations and
associations, private and public corporations, and local government units to implement the
program established under this section.
(7) In addition to the governmental immunity granted in Title 63G, Chapter 7,
Governmental Immunity Act of Utah, the state is immune from suit for any act, or failure to
act, in any capacity relating to the off-highway vehicle safety education and training program.
The state is also not responsible for any insufficiency or inadequacy in the quality of training
provided by this program.
(8) A person convicted of a violation of this section is guilty of an infraction and shall
be fined not more than $150 per offense.
Section 5. Section 
41-22-32
 is amended to read:
41-22-32.
Approval of safety courses.
(1) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the division may make rules, after consultation with the commission, that establish standards
for an off-highway vehicle safety course for instruction on the safe operation of an off-highway
vehicle.
(b) The division shall require that the information described in Subsection
[
41-22-31
(1)(c)(iii)
] 
41-22-31
(1)(b)(ii)
 be part of an off-highway vehicle safety course for
instruction on the safe operation of an off-highway vehicle.
(2) If a private organization meets the standards set by the division under Subsection
(1), the division shall approve the off-highway vehicle safety course as compliant with the
standards and purposes of this chapter.
Section 6. 
Effective date.
Ĥ→ [
This
] 
If approved by two-thirds of all the members elected to each house, this
 ←Ĥ
236a 
bill takes effect upon approval by the governor, or the day following the
constitutional time limit of Utah Constitution, Article VII, Section 8, without the governor's
signature, or in the case of a veto, the date of veto override.
Section 7. 
Retrospective operation.
The following sections have retrospective operation to January 1, 2023:
 (1) Section 
41-22-3
; and
 (2) Section 
41-22-19
.