Senator David P. Hinkins proposes the following substitute bill:


1     
BOAT FEES AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Steve Waldrip

5     
Senate Sponsor: David P. Hinkins

6     

7     LONG TITLE
8     General Description:
9          This bill requires resident and nonresident vessel owners to pay an aquatic invasive
10     species mitigation fee before operating a vessel on waters in Utah.
11     Highlighted Provisions:
12          This bill:
13          ▸     creates the aquatic invasive species mitigation fee, requiring resident and
14     nonresident owners of certain vessels to pay a fee in order to operate a boat on
15     waters in Utah;
16          ▸     requires owners of certain vessels to complete an education course;
17          ▸     requires the Division of Wildlife Resources to study the feasibility of a program for
18     automated monitoring and record keeping of the decontamination or entry of vessels
19     into the waters of this state;
20          ▸     requires the Division of Wildlife Resources to report on the study and implement a
21     pilot program;
22          ▸     creates the Aquatic Invasive Species Interdiction Account;
23          ▸     grants rulemaking authority to the Wildlife Board;
24          ▸     requires a person to remove all plugs and similar devices and to drain water systems
25     on a conveyance before transporting the conveyance on a highway in the state;

26          ▸     permits the division to temporarily stop, detain, and inspect a conveyance that the
27     division reasonably believes has not complied with the draining requirements; and
28          ▸     makes technical changes.
29     Money Appropriated in this Bill:
30          None
31     Other Special Clauses:
32          This bill provides a special effective date.
33     Utah Code Sections Affected:
34     AMENDS:
35          23-27-102, as enacted by Laws of Utah 2008, Chapter 284
36          23-27-301, as last amended by Laws of Utah 2014, Chapter 274
37          73-18-22, as last amended by Laws of Utah 2015, Chapter 36
38          73-18-26, as enacted by Laws of Utah 2015, Chapter 36
39     ENACTS:
40          23-27-304, Utah Code Annotated 1953
41          23-27-305, Utah Code Annotated 1953
42          23-27-306, Utah Code Annotated 1953
43     

44     Be it enacted by the Legislature of the state of Utah:
45          Section 1. Section 23-27-102 is amended to read:
46          23-27-102. Definitions.
47          As used in this chapter:
48          (1) "Board" means the Wildlife Board.
49          (2) (a) "Conveyance" means a terrestrial or aquatic vehicle or a vehicle part that may
50     carry or contain a Dreissena mussel.
51          (b) "Conveyance" includes a motor vehicle, a vessel, a motorboat, a sailboat, a personal
52     watercraft, a container, a trailer, a live well, or a bilge area.
53          (3) "Decontaminate" means to:
54          (a) drain and dry all non-treated water; and
55          (b) chemically or thermally treat in accordance with rule.
56          (4) "Director" means the director of the division.

57          (5) "Division" means the Division of Wildlife Resources.
58          (6) "Dreissena mussel" means a mussel of the genus Dreissena at any life stage,
59     including a zebra mussel, a quagga mussel, and Conrad's false mussel.
60          (7) "Equipment" means an article, tool, implement, or device capable of carrying or
61     containing:
62          (a) water; or
63          (b) a Dreissena mussel.
64          (8) "Executive director" means the executive director of the Department of Natural
65     Resources.
66          (9) "Facility" means a structure that is located within or adjacent to a water body.
67          (10) "Infested water" means a geographic region, water body, facility, or water supply
68     system within or outside the state that the board identifies in rule as carrying or containing a
69     Dreissena mussel.
70          (11) "Vessel" means the same as that term is defined in Section 73-18-2.
71          [(11)] (12) "Water body" means natural or impounded surface water, including a
72     stream, river, spring, lake, reservoir, pond, wetland, tank, and fountain.
73          [(12)] (13) (a) "Water supply system" means a system that treats, conveys, or
74     distributes water for irrigation, industrial, waste water treatment, or culinary use.
75          (b) "Water supply system" includes a pump, canal, ditch, or pipeline.
76          (c) "Water supply system" does not include a water body.
77          Section 2. Section 23-27-301 is amended to read:
78          23-27-301. Division's power to prevent invasive species infestation.
79          To eradicate and prevent the infestation of a Dreissena mussel, the division may:
80          (1) (a) establish inspection stations located at or along:
81          (i) highways, as defined in Section 72-1-102;
82          (ii) ports of entry, if the Department of Transportation authorizes the division to use the
83     port of entry; and
84          (iii) publicly accessible:
85          (A) boat ramps; and
86          (B) conveyance launch sites; and
87          (b) temporarily stop, detain, and inspect a conveyance or equipment that:

88          (i) the division reasonably believes is in violation of Section 23-27-201;
89          (ii) the division reasonably believes is in violation of Section 23-27-306;
90          [(ii)] (iii) is stopped at an inspection station; or
91          [(iii)] (iv) is stopped at an administrative checkpoint;
92          (2) conduct an administrative checkpoint in accordance with Section 77-23-104;
93          (3) detain and quarantine a conveyance or equipment as provided in Section
94     23-27-302;
95          (4) order a person to decontaminate a conveyance or equipment; and
96          (5) inspect the following that may contain a Dreissena mussel:
97          (a) a water body;
98          (b) a facility; and
99          (c) a water supply system.
100          Section 3. Section 23-27-304 is enacted to read:
101          23-27-304. Aquatic invasive species fee.
102          (1) (a) Except as provided in Subsection (1)(b), there is imposed an annual nonresident
103     aquatic invasive species fee of $20 on each vessel in order to launch or operate a vessel in
104     waters of this state if:
105          (i) the vessel is owned by a nonresident; and
106          (ii) the vessel would otherwise be subject to registration requirements under Section
107     73-18-7 if the vessel were owned by a resident of this state.
108          (b) The provisions of Subsection (1)(a) do not apply if the vessel is owned and
109     operated by a state or federal government agency and the vessel is used within the course and
110     scope of the duties of the agency.
111          (c) The division shall administer and collect the fee described in Subsection (1)(a), and
112     the fee shall be deposited into the Aquatic Invasive Species Interdiction Account created in
113     Section 23-27-305.
114          (2) Before launching a vessel on the waters of this state, a nonresident shall pay the
115     aquatic invasive species fee as described in Subsection (1), and the vessel owner shall
116     successfully complete an aquatic invasive species education course offered by the division.
117          (3) (a) The division shall study options and feasability of implementing an automated
118     system capable of scanning, photographing, and providing real-time information regarding a

119     conveyance's or equipment's:
120          (i) last entry into a body of water; and
121          (ii) last decontamination.
122          (b) The study described in Subsection (3)(a) shall evaluate the system's capability of:
123          (i) operation with or without the use or supervision of personnel;
124          (ii) operation 24 hours per day;
125          (iii) capturing a state assigned number on a vessel or conveyance as described in
126     Section 73-18-6;
127          (iv) preserving photographic evidence of:
128          (A) a conveyance's state assigned bow number;
129          (B) a conveyance's or equipment's entry into a body of water, including the global
130     positioning system location of where the conveyance is photographed; and
131          (C) decontamination of the conveyance or equipment;
132          (v) identifying a conveyance or equipment not owned by a resident that is entering a
133     body of water in this state; and
134          (vi) collecting the fee described in Subsection (1).
135          (c) The division shall present a report of the study and findings described in
136     Subsections (3)(a) and (b) to the Natural Resources, Agriculture, and Environment Interim
137     Committee before November 30, 2020.
138          (d) Based on the findings of the study described in this Subsection (3), the division
139     shall implement a pilot program to provide the services described in this Subsection (3) on or
140     before May 1, 2021.
141          (4) The board may increase fees assessed under Subsections (1), so long as:
142          (a) the fee for nonresidents described in Subsection (2) is no less than the resident fee
143     described in Section 73-18-26; and
144          (b) the fee is confirmed in the legislative fee schedule.
145          (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
146     board may make rules establishing procedures for:
147          (a) proof of payment and other methods of verifying compliance with this section;
148          (b) special requirements applicable on interstate water bodies in this state; and
149          (c) other provisions necessary for the administration of the program.

150          Section 4. Section 23-27-305 is enacted to read:
151          23-27-305. Aquatic Invasive Species Interdiction Account.
152          (1) There is created within the General Fund a restricted account known as the Aquatic
153     Invasive Species Interdiction Account.
154          (2) The restricted account shall consist of:
155          (a) nonresident aquatic invasive species fees collected under Section 23-27-304;
156          (b) resident aquatic invasive species fees collected under Section 73-18-26; and
157          (c) any other amount deposited in the restricted account from donations,
158     appropriations, contractual agreements, and accrued interest.
159          (3) Upon appropriation, the division shall use the fees collected under Sections
160     23-27-305 and 73-18-26 and deposited in the Aquatic Invasive Species Account to fund aquatic
161     invasive species prevention and containment efforts.
162          Section 5. Section 23-27-306 is enacted to read:
163          23-27-306. Removal of drain plug or similar device during transport.
164          (1) Before transporting a conveyance on a highway, as defined in Section 72-1-102, in
165     the state, a person shall:
166          (a) remove the plugs and similar devices that prevent drainage of raw water systems on
167     the conveyance; and
168          (b) to the extent feasible, drain all water from live wells, bilges, ballast tanks, or
169     similar compartments on the conveyance.
170          (2) A person who fails to comply with Subsection (1) is guilty of a class C
171     misdemeanor.
172          Section 6. Section 73-18-22 is amended to read:
173          73-18-22. Boating Account created -- Contents -- Use of money.
174          (1) There is created within the General Fund a restricted account known as the Boating
175     Account.
176          (2) The restricted account shall consist of[: (a)], except as provided under Sections
177     73-18-24 and 73-18-25, all registration fees and related money collected by the division or an
178     authorized agent, less the costs of collecting motorboat and sailboat registration fees by an
179     authorized agent[; and].
180          [(b) aquatic invasive species mitigation fees collected under Section 73-18-26.]

181          (3) The amount retained by an authorized agent under Subsection (2)[(a)] may not
182     exceed 20% of the fees charged in Section 73-18-7.
183          (4) [Except as provided in Subsection (5), money] Money in the Boating Account may
184     be used for:
185          (a) the construction, improvement, operation, and maintenance of publicly owned
186     boating facilities;
187          (b) boater education; and
188          (c) the payment of the costs and expenses of the division in administering and
189     enforcing this chapter.
190          [(5) Fees collected under Section 73-18-26 and deposited into the Boating Account
191     shall be used for aquatic invasive species interdiction.]
192          Section 7. Section 73-18-26 is amended to read:
193          73-18-26. Resident aquatic invasive species fee -- Amount -- Deposit.
194          (1) In addition to the registration fee imposed under Section 73-18-7, there is imposed
195     an annual resident aquatic invasive species [mitigation] fee of $10 on a motorboat or sailboat
196     required to be registered under Section 73-18-7.
197          (2) The fee imposed under Subsection (1) shall be deposited [in the Boating Account
198     created in Section 73-18-22 for the purpose of aquatic invasive species interdiction.] into the
199     Aquatic Invasive Species Interdiction Account created in Section 23-27-305.
200          Section 8. Effective date.
201          This bill takes effect on July 1, 2020.