HB0169 - Off-road recreational vehicles.
2001 |
State of Wyoming |
01LSO-0299.E1 ENGROSSED |
HOUSE BILL NO. HB0169
Off-road recreational vehicles.
Sponsored by: Representative(s) Wostenberg, Childers,
Huckfeldt, Law, Miller, D. and Jones and
Senator(s) Geis, Kinnison, Peck and
Youngbauer
A BILL
for
1 AN ACT relating to
off-road recreational vehicles; defining
2
off-road recreational vehicle; requiring registration
3
decals for off-road recreational vehicles used on Wyoming
4
trails as specified; imposing a penalty; establishing fees;
5
providing procedures for registration, collection and
6
distribution of fees; assigning duties to the department of
7
state parks and cultural resources; establishing a special
8
enterprise fund account and specifying uses of user
9
registration fee collections; providing exemptions; and
10 providing for an effective date.
11
12 Be It Enacted by the Legislature of the State of Wyoming:
13
14 Section 1. W.S. 31-2-701
through 31-2-707 are created
15 to read:
Page 1
1
2 ARTICLE 7
3 OFF-ROAD RECREATIONAL VEHICLES
4
5 31-2-701. "Off-road recreational vehicle" defined.
6
7 As used in this article,
"off-road recreational vehicle"
8
means as defined in W.S. 31-1-101(a)(xv)(K).
9
10 31-2-702. Registration selling agents;
application
11 for trail user registration decal;
affidavit required if
12 vehicle serial number not visible; penalty.
13
14 (a) The
department of state parks and cultural
15 resources through the division of
state parks and historic
16 sites, shall in accordance with W.S.
36-4-123, appoint
17 agents to sell off-road recreational
vehicle trail user
18 registration decals. Each selling
agent shall retain one
19 dollar ($1.00) for each trail user
registration decal sold.
20 Designated department employees may
sell trail registration
21 user decals under this article and
if decals are sold, the
22 employee shall not receive any
commission on user
23 registration fees collected under
this article.
24
Page 2
1 (b) Beginning
January 1, 2002, each owner of an off-
2
road recreational vehicle shall for each vehicle used on
3
Wyoming off-road recreational vehicle trails as established
4
and administered by the department, annually file in
5
writing and in duplicate with any designated registration
6
selling agent, an application for trail user registration
7
of the off-road recreational vehicle. The application shall
8
state the name and address of the owner, the name of the
9
applicant and the make, model and identifying serial number
10 of the off-road recreational
vehicle. If the vehicle
11 identifying serial number is not
legible or visible, the
12 applicant shall upon a form provided
by the department,
13 provide proof of ownership by
affidavit certified in
14 writing. Any person knowingly presenting
a false or
15 fraudulent statement under this
subsection is subject to
16 the penalties provided by W.S. 6-5-303.
17
18 (c) Any person
who knowingly operates an off-road
19 recreational vehicle on any Wyoming
off-road recreational
20 vehicle trail without a decal
required under this article
21 is guilty of a misdemeanor and upon
conviction, shall be
22 fined not more than one hundred
dollars ($100.00).
23
Page 3
1 31-2-703. Required user registration
fee; disposition
2 of
fees; duties of department of state parks and cultural
3
resources.
4
5 (a) The owner
of an off-road recreational vehicle
6
which will be operated on Wyoming off-road recreational
7
vehicle trails shall, upon filing of an application, pay to
8
the registration selling agent an annual user registration
9
fee of fifteen dollars ($15.00).
10
11 (b) The
registration selling agent shall forward to
12 the department of state parks and
cultural resources the
13 original copy of the user
registration application together
14 with fourteen dollars ($14.00)
collected under subsection
15 (a) of this section.
16
17 (c) There is
created an off-road recreational vehicle
18 trails account within the enterprise
fund. The fees
19 received by the department of state
parks and cultural
20 resources under this article shall
be deposited into the
21 account created by this subsection
and shall be expended by
22 the department for the
administration of the off-road
23 recreational vehicle trails program.
24
Page 4
1 (d) The
department of state parks and cultural
2
resources shall:
3
4 (i) Administer
the Wyoming off-road recreational
5
vehicle trails program;
6
7 (ii) Furnish a
sufficient quantity of numbered
8
decals and application forms to each registration selling
9
agent;
10
11 (iii) Keep full
and complete records of all
12 registered off-road recreational
vehicles; and
13
14 (iv) Consult
with the Wyoming trails advisory
15 council to assist the department to
establish and maintain
16 adequate off-road recreational
vehicle trails.
17
18 31-2-704. Payment of fees; issuance of
numbered
19 decal; trespass warning printed on decal.
20
21 (a) Upon
receipt of user registration fees imposed
22 under this article, the selling
agent shall issue a
23 numbered decal which shall be
prominently displayed on the
24 off-road recreational vehicle.
Page 5
1
2 (b) Numbered decals
issued under this article shall
3
contain the following language: "Warning: trespass upon
4
private property while operating an off-road recreational
5
vehicle is punishable by imprisonment up to six (6) months,
6
a fine up to seven hundred fifty dollars ($750.00), or
7
both, under W.S. 6-3-303."
8
9 31-2-705. Lost, mutilated or destroyed decal.
10
11 In the event of loss, mutilation or
destruction of any
12 numbered decal, the owner of an
off-road recreational
13 vehicle may obtain a duplicate or
new numbered decal from
14 any authorized selling agent or any
employee of the
15 department of state parks and
cultural resources upon
16 filing an affidavit explaining the
loss, mutilation or
17 destruction of the original numbered
decal and paying a fee
18 of two dollars ($2.00). The selling
agent shall forward to
19 the department of state parks and
cultural resources one
20 dollar ($1.00) of each fee collected
under this section to
21 be deposited in the account created
by W.S. 31-2-703(c).
22
23 31-2-706. Duration of decal.
24
Page 6
1 Each
decal issued under this article is effective for the
2
calendar year and shall expire on December 31 of the
3
registration year.
4
5 31-2-707. Exemptions.
6
7 (a) Off-road
recreational vehicles owned or used by a
8
governmental agency are exempt from this article.
9
10 (b) In addition
to subsection (a) of this section,
11 the off-road recreational vehicle
trail user registration
12 required under this article may be
waived on an annual
13 basis by the director of the
department of state parks and
14 cultural resources for any area
designated by the
15 department through a cooperative
agreement whereby other
16 governmental agencies agree to
contribute to the off-road
17 recreational vehicle trail
maintenance and grooming for
18 that area.
19
20 Section 2. This act is effective July 1, 2001.
21
22 (END)
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