Mountain biking-decals.

2017
STATE OF WYOMING
17LSO-0650
Introduced
1.4

HOUSE BILL

NO.
HB0272

Mountain biking-decals.

Sponsored by:
Representative(s) Sommers, Allen, Gierau and Pelkey and Senator(s) Agar, Boner, Driskill and Hicks

A BILL

for

AN ACT relating to mountain bikes; requiring decals for mountain bikes used on public lands; providing for issuance of decals as specified; imposing a penalty; establishing fees; assigning duties to the Wyoming game and fish department; establishing accounts; 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
‑
901

through 31
‑
2
‑
90
3
are created to read:

ARTICLE 9
MOUNTAIN BIKING

31
‑
2
‑
9
01
.

Definitions.

(a)

A
s used in this article
:

(i)

"Department" means the Wyoming game and fish department;

(i
i
)

"
Mountain bike
" means
every vehicle propelled solely by human power upon which any person may ri
de, having two (2) tandem wheel
s, including
mountain bicycles,
road bicycle
s, hybrid bicycles or any other bicycle operated on
public lands
;

(i
i
i)

"Public lands" means lands within the boundaries of the state, title to which is held by this state or the federal government, including any off
‑
road trails, routes, paths, roads or open a
reas but shall not include any s
tate highway
or
any
street, alley or
road
maintained by a city or county
.

31
‑
2
‑
9
02
.

Decal for mountain bike;
penalty
;

authorized selling agent
s
.

(a)

No person shall
operate a mountain bike on public lands without first obtaining a
numbered
decal issued under this article.
The
numbered
decal shall be displayed on the mountain bike or, upon request, by electronic means.

(b)

Any person may purchase a
numbered
decal from
the department
including through

electronic licensing
or an authorized selling agent

for an annual fee of fifteen dollars ($15.00)
.

Each numbered decal issued under this article is effective for the calendar year and shall expire on Dece
mber 31 of the year in which the decal
is issued.

(c)

For a voluntary fee of fifteen dollars ($15.00), a
ny person m
ay purchase an unnumbered decal from the department includin
g through
electronic licensing or an authorized selling agent
.

(
d
)

Any person who operates a mountain bike on public lands without
first obtaining
a
numbered
decal issued under this article is guilty of a
misdemeanor and upon conviction
shall be fined not more than one hundred dollars ($100.00).

(
e
)

The department shall appoint authorized selling agents to sell decals
issued

under this article
. Each authorized selling agent shall retain one dollar ($1.00) for each decal sold.

For each decal sold, the authorized selling agent shall forward to the department fourteen dollars ($14.00) of the fee collected under this section.
Designated employees
of the department
may sell decals
issued
under this article and if decals are sold, the employee shall not receive any commission on fees collected under this article.

(
f
)

The fees
collected
by the department
from decals
issued under this article
shall
be distributed as follow
s
:

(i)

Two dollars ($2.00) to the
account created
by W.S.
36
‑
4
‑
121(r);

(ii)

The remainder to the
account created
by
W.S. 23
‑
1
‑
501(h).

31
‑
2
‑
9
03
.

D
uties of

the Wyoming game and fish department
.

(
a
)

The
department
shall:

(i)

Provide for the design
and product
ion

of the decal
s
issued under this article, which shall
contain language
or pictures indicating
fees received by the department support
m
aintaining and improving
trails and roads used for mountain biking on public lands and
the
management of populations of species listed as threatened or endangered
under the Endangered Species Act
;

(ii)

Furnish a sufficient
quantity of numbered
and unnumbered
decals
to each
authorized
selling agent
;

(i
ii
)

Provide for the

issuance of deca
ls
u
nder this article through the electronic licensing system established pursuant to W.S. 23
‑
1
‑
302(a)(xiv)
;

(
i
v)

Promulgate rules necessary to implement this article.

Section 2
.

W.S. 23
‑
1
‑
501 by creating a new subsection (h)
and 36
‑
4
‑
121 by creating a new subsection (r)
is amended to read:

23
‑
1
‑
501
.

Game and fish fund.

(h)

An account within the
game and fish fund is created.
Revenues received
pursuant to W.S
.
31
‑
2
‑
9
02(
f
)

shall be credited to the account and are continuously appropriated to the c
ommission to be expended
for
the design and
production of
mountain biking
decal
s

pursuant to W.S. 31
‑
2
‑
902 and 31
‑
2
‑
90
3. Any funds exceeding the amount
necessary for the design and production of mountain biking decals shall be expended f
or
management of
populations of species listed as threatened or endangered
under the Endangered Species Act
.

36
‑
4
‑
121
.

Permits to use state parks, recreation areas and historic sites
; mountain biking trails accou
n
t
.

(r)

There is created the
mountain biking trails account.
Revenues received pursuant to W.S. 31
‑
2
‑
9
02(f
)
shall be credited to the account
and are continuously appropriated to the
department of state parks and cultural resources
to be expended
for

maintaining and improving
trails or roads including Wyoming off
‑
road recreational
vehicle trails
used for mountain biking on public lands, as defined in W.S. 31
‑
2
‑
901(a)(iii).

Section 3
.

The Wyoming game and fish
department
shall
adopt
any

rules necessary to implement this act
and provide for the design and production of the decals required by this act
on or before January 1, 2018.

Section
4
.

(a)

Except as provided in subsection (b) of this section, this act is effective January 1, 2018
.

(b)

Section 3
of this act
is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

1
HB0272