AN ACT CONCERNING ALL-TERRAIN VEHICLES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 14-380 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

On or after October 1, 1971, no person shall operate and no owner shall permit the operation of any snowmobile or all-terrain vehicle unless the owner holds a valid, effective registration awarded by this state or by another state or by the United States, provided such state or district of registration grants substantially similar privileges for snowmobiles or all-terrain vehicles owned by residents of this state and registered under its laws, and unless the identification number set forth in such registration is displayed on such snowmobile or all-terrain vehicle as prescribed in section 14-381, provided every resident of this state shall obtain such registration from this state under the provisions of section 14-381, before such operation shall be lawful. The provisions of this section shall not apply (1) to the operation of a snowmobile [or all-terrain vehicle] on premises owned or leased by the owner of such snowmobile, [or all-terrain vehicle] or (2) to the operation of a snowmobile in any organized contest as long as such snowmobile is operated in the contest area, provided the owner of such snowmobile holds a valid, effective registration awarded by this state or by another state or the United States.

Sec. 2. Section 14-381 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

Any owner required to register a snowmobile or all-terrain vehicle shall apply to the commissioner and shall file evidence of ownership by affidavit or document, and in the case of an all-terrain vehicle, an all-terrain vehicle safety certificate in accordance with section 7 of this act. Upon receipt of an application in proper form and the registration fee, the commissioner shall assign an identification number and provide the owner with a certificate of registration and registration plate. The registration plate, which shall be affixed by the owner, shall be displayed on the snowmobile or all-terrain vehicle at a place and in a manner prescribed by the commissioner. In addition to such registration plate, each snowmobile and all-terrain vehicle so registered shall display its registration number on each side of its front section, midway between the top and bottom of said front section, in letters or numbers at least three inches in height and made of a reflective material. The certificate of registration shall be carried on such snowmobile or all-terrain vehicle and shall be available for inspection whenever such snowmobile or all-terrain vehicle is being operated. The owner of a snowmobile shall pay a fee of twenty dollars for each snowmobile [or all-terrain vehicle] so registered. The owner of an all-terrain vehicle shall pay a fee of forty dollars for each all-terrain vehicle so registered. Each such certificate of registration shall expire biennially on the last day of March.

Sec. 3. (NEW) (Effective from July 1, 2007, and applicable to sales occurring on or after July 1, 2007) Each purchaser of an all-terrain vehicle on or after July 1, 2007, shall pay a trail user fee, equivalent to one per cent of the total purchase price of such all-terrain vehicle, exclusive of sales tax. Each retailer shall collect from the purchaser the full amount of the user fee imposed by this section or an amount equal as nearly as possible or practicable to the average equivalent thereof and transmit such amount to the Commissioner of Revenue Services. In case of the purchase of an all-terrain vehicle other than from an all-terrain vehicle dealer, as defined in section 14-379 of the general statutes, the receipts therefrom shall not be included in the measure of the user fee, but the purchaser of the all-terrain vehicle shall pay the user fee to the Commissioner of Revenue Services at the time of registration of such all-terrain vehicle, in accordance with section 14-381 of the general statutes, as amended by this act, on a form prescribed by the Commissioner of Motor Vehicles, in consultation with the Commissioner of Revenue Services. Nothing in this section shall be construed to affect the amount of sales tax imposed on such all-terrain vehicle.

Sec. 4. Section 22a-27h of the general statutes is amended by adding subsection (d) as follows (Effective July 1, 2007):

(NEW) (d) There is established the all-terrain vehicle account, which shall be a separate, nonlapsing account within the Conservation Fund. Not less than thirty per cent of the revenue received by the state from fees for the registration of all-terrain vehicles, in accordance with section 14-381, as amended by this act, the totality of the trail user fee collected in accordance with section 3 of this act and any fines collected for violations of sections 14-379 to 14-390, inclusive, involving all-terrain vehicles shall be paid to the Treasurer for deposit into the Conservation Fund and credited to the all-terrain vehicle account. The all-terrain vehicle account shall be used for the following purposes: (1) Expenses incurred by the Commissioner of Motor Vehicles and the Commissioner of Environmental Protection in the administration and enforcement of the laws and regulations of the state respecting all-terrain operation and damage from all-terrain vehicles; (2) expenses incurred by the Commissioner of Environmental Protection for the development and maintenance of state-owned property designated for all-terrain vehicle use in accordance with section 6 of this act; and (3) for the education of the public in the safe operation of all-terrain vehicles.

Sec. 5. (NEW) (Effective October 1, 2007) (a) No person shall operate an all-terrain vehicle unless such person is wearing protective headgear which conforms to the minimum specifications established by the Snell Memorial Foundation's Standard for Protective Headgear for Use in All-Terrain Vehicle Riding. Failure to comply with this section shall not be a violation or an offense.

(b) A law enforcement officer may issue a verbal warning to the operator of an all-terrain vehicle or the parent or guardian of a minor if such minor has failed to comply with the provisions of subsection (a) of this section.

Sec. 6. (NEW) (Effective October 1, 2007) The Commissioner of Environmental Protection shall designate not less than three trails for use by all-terrain vehicles not later than July 2, 2008. Notwithstanding any of the general statutes, the state shall be held harmless against all claims arising out of the use of such trails.

Sec. 7. (NEW) (Effective October 1, 2007) On or after October 1, 2007, no person shall register an all-terrain vehicle without first obtaining an all-terrain vehicle safety certificate from the Commissioner of Environmental Protection evidencing successful completion of a course in safe all-terrain vehicle operation approved by the commissioner. The commissioner shall adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, establishing requirements for the issuance of all-terrain vehicle safety certificates, a reasonable fee to cover the cost of such certificates and the content of safe all-terrain vehicle operation courses which shall include, but not be limited to, instruction in rider safety, proper safety equipment including, but not limited to, the use of appropriate head and eye protection. The commissioner may designate an agent for instructing such course and issuing such certificates.

Statement of Purpose:

To require the registration of all all-terrain vehicles, to charge a trail user fee to all purchasers of all-terrain vehicles, to establish an all-terrain vehicle account, to require DEP to designate three trails for all-terrain vehicle use and to require all registrants to obtain an all-terrain vehicle safety certificate.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]