Effective 1/1/2024

(1) 

Terms Used In Utah Code 41-22-19 v2

  • Commission: means the Outdoor Adventure Commission. See Utah Code 41-22-2
  • Division: means the Division of Outdoor Recreation. See Utah Code 41-22-2
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Highway: includes :Utah Code 68-3-12.5
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Land: includes :Utah Code 68-3-12.5
  • Motor vehicle: includes an off-highway vehicle. See Utah Code 41-22-2
  • Off-highway vehicle: means any snowmobile, all-terrain type I vehicle, all-terrain type II vehicle, all-terrain type III vehicle, or motorcycle. See Utah Code 41-22-2
  • Organized user group: means an off-highway vehicle organization incorporated as a nonprofit corporation in the state under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, for the purpose of promoting the interests of off-highway vehicle recreation. See Utah Code 41-22-2
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)  Except as provided under Subsections (3) 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.

(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)  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.

(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.

Amended by Chapter 11, 2023 General Session
Amended by Chapter 33, 2023 General Session, (Coordination Clause)

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