Snowmobile-permit and registration fees-2.

WORKING DRAFT
2013
STATE OF
WYOMING
13LSO-0506

HOUSE BILL
NO.

HB0135

Snowmobile-permit and registration fees-2.

Sponsored by:
Joint Travel, Recreation, Wildlife and Cultural Resources Interim Committee

A BILL

for

AN ACT relating to snowmobiles; increasing registration and user fees; eliminating user fees for resident snowmobiles; providing for additional selling agent fees; repealing requirement of showing proof of sales tax paid; repealing required language on decals; providing for disposition of fees for replacement certificates and decals; providing definitions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 31
‑
2
‑
401(a) by creating new paragraphs (iii) and (iv) and by renumbering (iii) as (v), 31
‑
2
‑
402(b), (d) and by creating a new subsection (e), 31
‑
2
‑
403, 31
‑
2
‑
404(a), (c)(intro), (
i
), (ii) and (e)(ii), 31
‑
2
‑
405(
a), 31
‑
2
‑
406, 31
‑
2
‑
408(a)(iii) and (b) and
31
‑
2
‑
409(a)(intro), (ii), (b)(intro), (ii), (d)(ii), (e) and (f) are amended to read:

31
‑
2
‑
401.

Definitions.

(a)

For purposes of this act:

(iii)

"Nonresident snowmobile" means any snowmobile which is not a resident snowmobile;

(iv)

"Resident snowmobile" means any snowmobile:

(A)

Titled in Wyoming;

(B)

Currently owned by a Wyoming resident; or

(C)

Which is used or kept in Wyoming for more than thirty (30) consecutive
days.

(iii)
(v)

"This act" means W.S. 31
‑
2
‑
401 through 31
‑
2
‑
409.

31
‑
2
‑
402.

Selling agents; application for registration and user fees.

(b)

The department of state parks and cultural resources through the division of state parks and historic sites shall in accordance with W.S. 36
‑
4
‑
123, appoint selling agents to sell snowmobile registrations and user fees. Each selling agent
shall

may charge and
retain
an additional
one dollar ($1.00) for each
nonresident
user fee sold under W.S. 31
‑
2
‑
409(a)(ii) or for each
resident
registration sold
under W.S. 31
‑
2
‑
404(a)(
i
)
. Designated department employees may sell snowmobile registrations and user fees, but no employee shall receive any commission on registrations or user fees collected.

(d)

Except as hereafter provided, every person who owns or uses a
resident
snowmobile which will be operated within the state of Wyoming shall, for each snowmobile so owned or used file or cause to be filed each year beginning July 1, with any designated
registration
selling agent, an application for registration of the snowmobile which shall be in writing in duplicate. The application shall state the name and address of the owner and the name of the applicant and describe the snowmobile, including make,
model
,

and
any identifying serial numbers located on the snowmobile
.

and
whether the snowmobile will be operated for private or commercial use. At the time of application, the applicant shall also present proof in a form approved by the department of revenue that all sales or use tax due on the snowmobile have been paid. Any person who knowingly presents a false or fraudulent statement of proof is subject to the provisions of W.S. 6
‑
5
‑
303, in addition to any penalties and interest due for nonpayment of sales or use tax on the snowmobile.

(e)

Every person who owns or uses a nonresident snowmobile which will be operated within this state shall, for each snowmobile so owned or used, file or cause to be filed with a designated selling agent each year prior to the operation within the state, an application under W.S. 31
‑
2
‑
409 which states the name and mailing address of the owner of the snowmobile and the name of the applicant.

31
‑
2
‑
403.

Required resident snowmobile registration fee.

The owner of a
resident
snowmobile which will be operated within the state of Wyoming shall, upon the filing of an
application, pay to the
registration
selling agent, in cash, money order, certified check or bank draft, a registration fee as provided by W.S. 31
‑
2
‑
404.

31
‑
2
‑
404.

Amount of fee; ad valorem tax exemption; disposition of fees; duties of department of state parks and cultural resources.

(a)

Except as provided in W.S. 31
‑
2
‑
408, the annual registration fee for a
resident
snowmobile is:

(
i
)

For a snowmobile intended for private use
........................................................
$5.00

$40.00
;

(ii)

For a commercial snowmobile
.....................................................
$75.00

$200.00
.

(c)

The
registration
selling agent shall forward to the department of state parks and cultural resources the original copy of the registration application together with:

(
i
)

Four dollars ($4.00) of each

The
registration fee as provided for in paragraph (a
)(
i
) of this section;

(ii)

Seventy-four dollars ($74.00) of each

The
registration fee as provided in paragraph (a)(ii) of this section;

(e)

The department of state parks and cultural resources of Wyoming shall:

(ii)

Furnish a sufficient quantity of numbered decals and necessary forms to each
registration
selling agent; and

31
‑
2
‑
405.

Payment of resident registration fees; issuance of certificate and decal.

(a)

Resident s
nowmobile registration fees shall be paid before the expiration of sixteen (16) days after acquiring ownership of a snowmobile which will be operated within the state of Wyoming. Upon receipt of the registration fee the
registration
selling agent shall issue to the owner for each snowmobile a certificate of
registration, setting forth the facts in the application, together with a numbered decal which shall bear a distinctive number assigned to the snowmobile
and the date of expiration,
which shall at all times be prominently displayed on the snowmobile.

31
‑
2
‑
406.

Lost, mutilated or destroyed certificate or decal.

In the event of loss, mutilation or destruction of any
registration

resident or nonresident snowmobile's
certificate
issued pursuant to W.S. 31
‑
2
‑
401 through 31
‑
2
‑
409
, or numbered decal, the owner of a snowmobile may obtain a duplicate
registration
certificate or a new numbered decal from any
registration
selling agent or any authorized department of state parks and cultural resources employee upon filing an affidavit showing the loss, mutilation or destruction of the original
registration
certificate or numbered decal and paying a fee of one dollar ($1.00
)
. The registration selling agent shall forward

which shall be forwarded
to the division of parks and historic sites within the department
fifty cents ($.50)

of each duplicate registration certificate fee to be

deposited to the
general fund

snowmobile trails account
created under W.S. 31
‑
2
‑
409(c)
.
Each selling agent may charge and retain an additional one dollar ($1.00) for each duplicate certificate or numbered decal sold under this section.
It is unlawful for any person to willfully alter or mutilate any
registration
certificate or numbered decal.

31
‑
2
‑
408.

Resident snowmobile registration exemptions.

(a)

The following snowmobiles are exempt from W.S. 31
‑
2
‑
401 through 31
‑
2
‑
407:

(iii)

Nonresident s
nowmobiles
owned by out
‑
of
‑
state residents if a valid registration sticker from the owner
'
s state of residence is affixed to those snowmobiles or if the owner can demonstrate other proof of valid registration in his state of residence

as defined under W.S. 31
‑
2
‑
401(
a)(iii)
.

(b)

This section does not exempt snowmobiles which are leased or rented
for hire as a commercial snowmobile as defined under W.S. 31
‑
2
‑
401(
a)(
i
)
.

31
‑
2
‑
409.

Nonresident snowmobile user fee; amount of fee; disposition of fees; account created; duties of department of state parks and cultural resources; duration of decal; exemptions.

(a)

In addition to the registration fees required under W.S. 31
‑
2
‑
403,
T
here
shall be collected by
registration
selling agents an annual
nonresident
snowmobile user fee
for nonresident snowmobiles operated in Wyoming
as follows:

(ii)

For any
other

nonresident
snowmobile not exempt under subsection (f) of this section

$25.00

$55.00.

(b)

The
registration
selling agent shall forward to the department of state parks and cultural resources the original copy of the snowmobile user fee form together with:

(
ii
)

Twenty-four dollars ($24.00) of each

The
snowmobile user fee as provided in paragraph (a)(ii) of this section.

(d)

The department of state parks and cultural resources shall:

(ii)

Furnish a sufficient quantity of numbered decals and necessary forms to each
registration
selling agent;

(e)

The annual
nonresident
snowmobile user fee numbered decal shall be valid from July 1 of the year designated until June 30 of the following year
, with the date of expiration prominently displayed on the decal
.

(f)

Snowmobiles for which registration fees have been paid under W.S. 31
‑
2
‑
404(
a)(ii) and snowmobiles exempt under W.S. 31
‑
2
‑
408(a)(
i
) and (ii) are exempt from the provisions of this section.
The
nonresident
snowmobile user fee prescribed by paragraph (a
)(
ii) of this section may be waived on an annual basis by the director of the department of state parks and cultural resources in an area designated by the department through a cooperative agreement whereby other governmental agencies agree to contribute to the snowmobile trail maintenance and grooming for that area.

Section 2.
W.S. 31
‑
2
‑
405(
b) and 31
‑
2
‑
409(a)(
i
) and (b)(
i
) are repealed.

Section 3.
This act is effective July 1, 2013.

(END)

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HB0135