HB0169 - Off-road recreational vehicles.
2001 |
State of Wyoming |
01LSO-0299 |
HOUSE BILL NO. HB0169
Off-road recreational vehicles.
Sponsored by: Representative(s) Wostenberg, Childers,
Huckfeldt, Jones, Law and Miller, D. 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 operating a off-road recreational
19 vehicle on any Wyoming off-road recreational vehicle
trail
20 in violation of subsection (b) of this section is
guilty of
21 a misdemeanor and upon conviction, shall be fined not
more
22 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)
Page 7