(1) As used in this section:

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Terms Used In Utah Code 41-22-35.5

  • Division: means the Division of Outdoor Recreation. See Utah Code 41-22-2
  • Off-highway vehicle: means any snowmobile, all-terrain type I vehicle, all-terrain type II vehicle, all-terrain type III vehicle, or motorcycle. See Utah Code 41-22-2
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
     (1)(a) “Electronic payment” means use of a form of payment processed through electronic means, including use of a credit card, debit card, or automatic clearinghouse transaction.
     (1)(b) “Electronic payment fee” means the fee assessed to defray:

          (1)(b)(i) a charge, discount fee, or process fee charged by a processing agent to process an electronic payment, including a credit card company; or
          (1)(b)(ii) costs associated with the purchase of equipment necessary for processing an electronic payment.
(2)

     (2)(a) The division may impose and collect an electronic payment fee on an electronic payment related to an off-highway vehicle user fee.
     (2)(b) The division may charge an electronic payment fee under this section in an amount not to exceed 3% of the electronic payment.
     (2)(c) With regard to the electronic payment fee, the division is not required to separately identify the electronic payment fee from a fee imposed for an off-highway vehicle user fee.
(3) The division shall deposit the electronic payment fee into the Off-highway Vehicle Account described in Section 41-22-19.