This document includes House Committee Amendments incorporated into the bill on Fri, Feb 18, 2022 at 12:32 PM by pflowers.
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7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to the management, regulation, conservation, and
10 use of natural resources.
11 Highlighted Provisions:
12 This bill:
13 ▸ changes the name of the Division of Recreation to the Division of Outdoor
14 Recreation;
15 ▸ merges the Office of Outdoor Recreation into the Division of Outdoor Recreation,
16 including addressing:
17 • powers and duties;
18 • administration of grants; and
19 • a transition;
20 ▸ addresses reporting requirements, including reporting by the Office of Energy
21 Development and reporting by the Division of Outdoor Recreation;
22 ▸ modifies provisions related to off-highway vehicles, including use of certain money;
23 ▸ amends authority to appoint off-highway vehicle and boating advisory councils;
24 ▸ addresses the Zion National Park Support Programs Restricted Account;
25 ▸ modifies the Division of Outdoor Recreation's authority to create recreational trails
26 and outdoor recreation advisory bodies;
27 ▸ creates the Utah Outdoor Recreation Infrastructure Advisory Committee to replace
28 other advisory committees and requires consultation with the Division of Outdoor
29 Recreation;
30 ▸ addresses criteria related to certain recreational grants;
31 ▸ addresses the Bonneville Shoreline Trail Program;
32 ▸ modifies the makeup of the Outdoor Adventure Commission and changes
33 consultation requirements;
34 ▸ modifies the makeup of the Resource Development Coordinating Committee;
35 ▸ addresses the relationship with the Division of Wildlife Resources and the Wildlife
36 Board;
37 ▸ repeals the Utah Outdoor Recreation Grant Advisory Committee;
38 ▸ establishes policy related to conservation;
39 ▸ addresses coordination of state conservation efforts, including authorizing
40 agreements;
41 ▸ repeals the Quality Growth Commission and replaces the commission with the Land
42 Conservation Board, including moving the board within the Department of
43 Agriculture and Food, addressing the board's powers and duties, and moving
44 definitions related to housing;
45 ▸ modifies the LeRay McAllister Critical Land Conservation Program, including
46 addressing Ĥ→ [
47 ▸ requires counties to remit to the state rollback taxes and related payments to fund
48 the LeRay McAllister Critical Land Conservation Program;
49 ▸ creates the Division of Conservation within the Department of Agriculture and
50 Food;
51 ▸ provides for coordination of conservation efforts;
52 ▸ addresses rulemaking authority, including requiring rulemaking related to
53 off-highway vehicles, clarifying rulemaking by the Division of Outdoor Recreation,
54 and rulemaking related to grants;
55 ▸ modifies sunset and repeal dates;
56 ▸ modifies definition provisions;
57 ▸ provides for transition; and
58 ▸ makes technical and conforming changes.
59 Money Appropriated in this Bill:
60 This bill appropriates in fiscal year 2023:
61 ▸ to the Department of Natural Resources -- Ĥ→ [
61a an ongoing
62 appropriation:
63 • from General Fund, $130,000;
64 ▸ to the Department of Natural Resources -- Ĥ→ [
64a Management ←Ĥ , as an ongoing
65 appropriation:
66 • from General Fund, $150,000;
67 ▸ to the Department of Agriculture and Food -- Conservation, as an ongoing
68 appropriation:
69 • from General Fund, $120,000;
70 ▸ to the Governor's Office of Economic Opportunity, as an ongoing appropriation:
71 • from General Fund, ($338,700); and
72 ▸ to the Department of Natural Resources -- Ĥ→ [
72a Management ←Ĥ , as an ongoing
73 appropriation:
74 • from General Fund, $338,700.
75 Other Special Clauses:
76 This bill provides a special effective date.
77 This bill provides revisor instructions.
78 Utah Code Sections Affected:
79 AMENDS:
80 4-2-103, as last amended by Laws of Utah 2018, Chapter 200
81 4-18-102, as last amended by Laws of Utah 2021, Chapter 178
82 4-18-105, as last amended by Laws of Utah 2019, Chapter 178
83 9-9-112, as enacted by Laws of Utah 2021, Chapter 380 and last amended by
84 Coordination Clause, Laws of Utah 2021, Chapter 280
85 23-14-14.2, as enacted by Laws of Utah 2007, Chapter 189
86 35A-8-2105, as renumbered and amended by Laws of Utah 2018, Chapter 182
87 41-1a-418, as last amended by Laws of Utah 2021, Chapters 219, 280, and 378
88 41-1a-422, as last amended by Laws of Utah 2021, Chapters 219, 280, and 378
89 41-6a-1509, as last amended by Laws of Utah 2021, Chapter 280
90 41-22-2, as last amended by Laws of Utah 2021, Chapter 280
91 41-22-5.1, as last amended by Laws of Utah 2021, Chapter 280
92 41-22-5.5, as last amended by Laws of Utah 2021, Chapter 280
93 41-22-8, as last amended by Laws of Utah 2021, Chapter 280
94 41-22-10, as last amended by Laws of Utah 2021, Chapter 280
95 41-22-10.7, as last amended by Laws of Utah 2021, Chapter 280
96 41-22-19, as last amended by Laws of Utah 2012, Chapter 71
97 41-22-31, as last amended by Laws of Utah 2021, Chapter 280
98 41-22-33, as last amended by Laws of Utah 2021, Chapter 280
99 41-22-35, as last amended by Laws of Utah 2021, Chapter 280
100 53-2a-1102, as last amended by Laws of Utah 2021, Chapter 395
101 57-14-204, as last amended by Laws of Utah 2021, Chapter 280
102 59-2-506, as last amended by Laws of Utah 2017, Chapter 319
103 59-2-511, as last amended by Laws of Utah 2007, Chapter 329
104 59-2-1705, as last amended by Laws of Utah 2017, Chapter 319
105 59-2-1710, as enacted by Laws of Utah 2012, Chapter 197
106 59-13-201, as last amended by Laws of Utah 2021, Chapter 280
107 59-21-2, as last amended by Laws of Utah 2021, Chapter 280
108 59-28-103, as last amended by Laws of Utah 2021, Chapter 280
109 63C-21-201, as last amended by Laws of Utah 2021, Chapter 280
110 63C-21-202, as last amended by Laws of Utah 2021, Chapter 280
111 63I-1-241, as last amended by Laws of Utah 2020, Chapters 84 and 154
112 63I-1-263, as last amended by Laws of Utah 2021, Chapters 70, 72, 84, 90, 171, 196,
113 260, 280, 282, 345, 382, 401, 421 and last amended by Coordination Clause, Laws
114 of Utah 2021, Chapter 382
115 63I-1-273, as last amended by Laws of Utah 2021, Chapter 229
116 63I-1-279, as last amended by Laws of Utah 2021, Chapter 280
117 63I-2-204, as last amended by Laws of Utah 2018, Chapter 51
118 63I-2-279, as enacted by Laws of Utah 2021, Chapter 280
119 63J-1-601, as last amended by Laws of Utah 2021, Chapter 280
120 63J-1-602.2, as last amended by Laws of Utah 2021, Chapters 179, 344, 412, 421, and
121 424
122 63L-7-104, as last amended by Laws of Utah 2021, Chapter 280
123 63L-11-402, as last amended by Laws of Utah 2021, Chapters 184, 280 and
124 renumbered and amended by Laws of Utah 2021, Chapter 382 and last amended by
125 Coordination Clause, Laws of Utah 2021, Chapter 382
126 63N-3-602, as enacted by Laws of Utah 2021, Chapter 411
127 65A-3-1, as last amended by Laws of Utah 2021, Chapter 280
128 65A-10-2, as last amended by Laws of Utah 2021, Chapter 280
129 72-11-204, as last amended by Laws of Utah 2021, Chapter 280
130 73-3-31, as last amended by Laws of Utah 2021, Chapter 280
131 73-18-2, as last amended by Laws of Utah 2021, Chapter 280
132 73-18-3.5, as last amended by Laws of Utah 2021, Chapter 280
133 73-18-4, as last amended by Laws of Utah 2021, Chapter 280
134 73-18-7, as last amended by Laws of Utah 2021, Chapters 135 and 280
135 73-18-8, as last amended by Laws of Utah 2021, Chapter 280
136 73-18-11, as last amended by Laws of Utah 2021, Chapter 280
137 73-18-13, as last amended by Laws of Utah 2021, Chapter 280
138 73-18-13.5, as last amended by Laws of Utah 2021, Chapter 280
139 73-18-15, as last amended by Laws of Utah 2021, Chapter 280
140 73-18-16, as last amended by Laws of Utah 2021, Chapter 280
141 73-18a-1, as last amended by Laws of Utah 2021, Chapter 280
142 73-18a-4, as last amended by Laws of Utah 2021, Chapter 280
143 73-18a-5, as last amended by Laws of Utah 2021, Chapter 280
144 73-18a-12, as last amended by Laws of Utah 2021, Chapter 280
145 73-18b-1, as last amended by Laws of Utah 2021, Chapter 280
146 73-18c-102, as last amended by Laws of Utah 2021, Chapter 280
147 73-18c-201, as last amended by Laws of Utah 2021, Chapter 280
148 77-2-4.3, as last amended by Laws of Utah 2021, Chapter 280
149 78A-5-110, as last amended by Laws of Utah 2021, Chapter 280
150 78A-7-120, as last amended by Laws of Utah 2021, Chapter 280
151 79-2-201, as last amended by Laws of Utah 2021, Chapters 280 and 382
152 79-2-202, as last amended by Laws of Utah 2020, Chapter 352
153 79-2-206, as enacted by Laws of Utah 2021, Chapter 280 and further amended by
154 Revisor Instructions, Laws of Utah 2021, Chapter 280
155 79-4-203, as last amended by Laws of Utah 2021, Chapter 280
156 79-4-1103, as last amended by Laws of Utah 2021, Chapter 282
157 79-5-102, as last amended by Laws of Utah 2021, Chapter 280
158 79-5-501, as last amended by Laws of Utah 2021, Chapter 280
159 79-5-503, as last amended by Laws of Utah 2011, Chapter 342
160 79-6-302, as renumbered and amended by Laws of Utah 2021, Chapter 280
161 79-6-505, as renumbered and amended by Laws of Utah 2021, Chapter 280
162 79-6-605, as renumbered and amended by Laws of Utah 2021, Chapter 280
163 79-7-102, as enacted by Laws of Utah 2021, Chapter 280
164 79-7-201, as enacted by Laws of Utah 2021, Chapter 280
165 79-7-203, as enacted by Laws of Utah 2021, Chapter 280
166 79-8-102, as enacted by Laws of Utah 2021, Chapter 280
167 79-8-103, as enacted by Laws of Utah 2021, Chapter 280
168 79-8-106, as renumbered and amended by Laws of Utah 2021, Chapter 280
169 79-8-201, as renumbered and amended by Laws of Utah 2021, Chapter 280
170 79-8-202, as renumbered and amended by Laws of Utah 2021, Chapter 280
171 79-8-302, as renumbered and amended by Laws of Utah 2021, Chapter 280
172 79-8-303, as last amended by Laws of Utah 2021, Chapter 282 and renumbered and
173 amended by Laws of Utah 2021, Chapter 280 and last amended by Coordination
174 Clause, Laws of Utah 2021, Chapter 280
175 79-8-304, as renumbered and amended by Laws of Utah 2021, Chapter 280
176 ENACTS:
177 4-46-101, Utah Code Annotated 1953
178 4-46-103, Utah Code Annotated 1953
179 4-46-104, Utah Code Annotated 1953
180 4-46-201, Utah Code Annotated 1953
181 4-46-401, Utah Code Annotated 1953
182 4-46-402, Utah Code Annotated 1953
183 4-46-403, Utah Code Annotated 1953
184 79-1-104, Utah Code Annotated 1953
185 79-7-206, Utah Code Annotated 1953
186 RENUMBERS AND AMENDS:
187 4-46-102, (Renumbered from 11-38-102, as last amended by Laws of Utah 2021,
188 Chapters 181 and 344)
189 4-46-202, (Renumbered from 11-38-202, as last amended by Laws of Utah 2021,
190 Chapter 181)
191 4-46-301, (Renumbered from 11-38-301, as last amended by Laws of Utah 2009,
192 Chapter 368)
193 4-46-302, (Renumbered from 11-38-302, as last amended by Laws of Utah 2021,
194 Chapter 181)
195 4-46-303, (Renumbered from 11-38-304, as last amended by Laws of Utah 2017,
196 Chapter 51)
197 79-7-103, (Renumbered from 63N-9-103, as renumbered and amended by Laws of Utah
198 2015, Chapter 283)
199 79-7-303, (Renumbered from 79-4-404, as renumbered and amended by Laws of Utah
200 2009, Chapter 344)
201 79-8-401, (Renumbered from 63N-9-202, as last amended by Laws of Utah 2021,
202 Chapter 280)
203 79-8-402, (Renumbered from 63N-9-203, as last amended by Laws of Utah 2021,
204 Chapter 282)
205 REPEALS:
206 11-38-101, as enacted by Laws of Utah 1999, Chapter 24
207 11-38-201, as last amended by Laws of Utah 2021, Chapter 382
208 11-38-203, as last amended by Laws of Utah 2021, Chapter 382
209 63N-9-101, as renumbered and amended by Laws of Utah 2015, Chapter 283
210 63N-9-102, as last amended by Laws of Utah 2021, Chapter 280
211 63N-9-104, as last amended by Laws of Utah 2021, Chapters 282 and 382
212 63N-9-105, as last amended by Laws of Utah 2016, Chapter 88
213 63N-9-106, as last amended by Laws of Utah 2021, Chapters 280 and 282
214 63N-9-201, as enacted by Laws of Utah 2016, Chapter 88
215 79-5-201, as last amended by Laws of Utah 2021, Chapter 280
216 79-5-202, as last amended by Laws of Utah 2010, Chapters 256 and 286
217 79-7-101, as enacted by Laws of Utah 2021, Chapter 280
218 79-8-104, as enacted by Laws of Utah 2021, Chapter 280
219 79-8-105, as renumbered and amended by Laws of Utah 2021, Chapter 280
220 Utah Code Sections Affected by Revisor Instructions:
221 4-46-104, Utah Code Annotated 1953
222 79-2-206, as enacted by Laws of Utah 2021, Chapter 280 and further amended by
223 Revisor Instructions, Laws of Utah 2021, Chapter 280
224
225 Be it enacted by the Legislature of the state of Utah:
226 Section 1. Section 4-2-103 is amended to read:
227 4-2-103. Functions, powers, and duties of department -- Fees for services --
228 Marketing orders -- Procedure -- Purchasing and auditing.
229 (1) The department shall:
230 (a) inquire into and promote the interests and products of agriculture and allied
231 industries;
232 (b) promote methods for increasing the production and facilitating the distribution of
233 the agricultural products of the state;
234 (c) (i) inquire into the cause of contagious, infectious, and communicable diseases
235 among livestock and the means for their prevention and cure; and
236 (ii) initiate, implement, and administer plans and programs to prevent the spread of
237 diseases among livestock;
238 (d) encourage experiments designed to determine the best means and methods for the
239 control of diseases among domestic and wild animals;
240 (e) issue marketing orders for any designated agricultural product to:
241 (i) promote orderly market conditions for any product;
242 (ii) give the producer a fair return on the producer's investment at the marketplace; and
243 (iii) only promote and not restrict or restrain the marketing of Utah agricultural
244 commodities;
245 (f) administer and enforce all laws assigned to the department by the Legislature;
246 (g) establish standards and grades for agricultural products and fix and collect
247 reasonable fees for services performed by the department in conjunction with the grading of
248 agricultural products;
249 (h) establish operational standards for any establishment that manufactures, processes,
250 produces, distributes, stores, sells, or offers for sale any agricultural product;
251 (i) adopt, according to Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
252 rules necessary for the effective administration of the agricultural laws of the state;
253 (j) when necessary, make investigations, subpoena witnesses and records, conduct
254 hearings, issue orders, and make recommendations concerning [
255 agriculture;
256 (k) (i) inspect any nursery, orchard, farm, garden, park, cemetery, greenhouse, or any
257 private or public place that may become infested or infected with harmful insects, plant
258 diseases, noxious or poisonous weeds, or other agricultural pests;
259 (ii) establish and enforce quarantines;
260 (iii) issue and enforce orders and rules for the control and eradication of pests,
261 wherever they may exist within the state; and
262 (iv) perform other duties relating to plants and plant products considered advisable and
263 not contrary to law;
264 (l) inspect apiaries for diseases inimical to bees and beekeeping;
265 (m) take charge of any agricultural exhibit within the state, if considered necessary by
266 the department, and award premiums at that exhibit;
267 (n) [
268 (i) assisting the Conservation Commission in the administration of [
269 18, Conservation Commission Act[
270 (ii) implementing Chapter 46, Conservation Coordination Act, including entering into
271 agreements with other state agencies; and
272 (iii) administering and disbursing money available to assist conservation districts in the
273 state in the conservation of the state's soil and water resources;
274 (o) participate in the United States Department of Agriculture certified agricultural
275 mediation program, in accordance with 7 U.S.C. Sec. 5101 and 7 C.F.R. Part 785;
276 (p) promote and support the multiple use of public lands;
277 (q) ensure that any training or certification required of a public official or public
278 employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
279 22, State Training and Certification Requirements, if the training or certification is required:
280 (i) under this title;
281 (ii) by the department; or
282 (iii) by an [
283 (r) perform any additional functions, powers, and duties provided by law.
284 (2) The department, by following the procedures and requirements of Section
285 63J-1-504, may adopt a schedule of fees assessed for services provided by the department.
286 (3) (a) [
287 effect until:
288 (i) the department gives notice of the proposed order to the producers and handlers of
289 the affected product;
290 (ii) the commissioner conducts a hearing on the proposed order; and
291 (iii) at least 50% of the registered producers and handlers of the affected products vote
292 in favor of the proposed order.
293 (b) (i) The department may establish boards of control to administer marketing orders
294 and the proceeds derived from any order.
295 (ii) A board of control shall:
296 (A) ensure that [
297 a depository institution; and
298 (B) ensure that the account is annually audited by an accountant approved by the
299 commissioner.
300 (4) [
301 be deposited into the General Fund as dedicated credits for the grain grading program.
302 (5) In fulfilling [
303 (a) purchase, as authorized or required by law, services that the department is
304 responsible to provide for legally eligible persons;
305 (b) take necessary steps, including legal action, to recover money or the monetary value
306 of services provided to a recipient who is not eligible;
307 (c) examine and audit the expenditures of any public funds provided to a local
308 authority, agency, or organization that contracts with or receives funds from those authorities or
309 agencies; and
310 (d) accept and administer grants from the federal government and from other sources,
311 public or private.
312 Section 2. Section 4-18-102 is amended to read:
313 4-18-102. Findings and declarations -- Duties.
314 (1) [
315 and declares that:
316 (a) the soil and water resources of this state constitute one of the state's basic assets;
317 and
318 (b) the preservation of soil and water resources requires planning and programs to
319 ensure:
320 (i) the development and [
321 (ii) soil and water resources' protection from the adverse effects of wind and water
322 erosion, sediment, and sediment related pollutants.
323 (2) The Legislature finds that local production of food is essential for:
324 (a) the security of the state's food supply; and
325 (b) the self-sufficiency of the state's citizens.
326 (3) The Legislature finds that sustainable agriculture is critical to:
327 (a) the success of rural communities;
328 (b) the historical culture of the state;
329 (c) maintaining healthy farmland;
330 (d) maintaining high water quality;
331 (e) maintaining abundant wildlife;
332 (f) high-quality recreation for citizens of the state; and
333 (g) helping to stabilize the state economy.
334 (4) The Legislature finds that livestock grazing on public lands is important for the
335 proper management, maintenance, and health of public lands in the state.
336 (5) The Legislature encourages each agricultural producer in the state to operate in a
337 reasonable and responsible manner to maintain the integrity of soil, water, and air.
338 (6) The department shall administer the Utah Agriculture Certificate of Environmental
339 Stewardship Program, created in Section 4-18-107, to encourage each agricultural producer in
340 this state to operate in a reasonable and responsible manner to maintain the integrity of the
341 state's resources.
342 (7) The Legislature finds that soil health is essential to protecting the state's soil and
343 water resources, bolstering the state's food supply, and sustaining the state's agricultural
344 industry.
345 Section 3. Section 4-18-105 is amended to read:
346 4-18-105. Conservation Commission -- Functions and duties.
347 (1) The commission shall:
348 (a) facilitate the development and implementation of the strategies and programs
349 necessary to:
350 (i) protect, conserve, use, and develop the soil, water, and air resources of the state; and
351 (ii) promote the protection, integrity, and restoration of land for agricultural and other
352 beneficial purposes;
353 (b) disseminate information regarding districts' activities and programs;
354 (c) supervise the formation, reorganization, or dissolution of districts according to the
355 requirements of Title 17D, Chapter 3, Conservation District Act;
356 (d) prescribe uniform accounting and recordkeeping procedures for districts and
357 require each district to submit annually the information required in Section 17D-3-103;
358 (e) approve and make loans for agricultural purposes, through the loan advisory
359 [
360 Development Fund;
361 (f) seek to obtain and administer federal or state money in accordance with applicable
362 federal or state guidelines and make loans or grants from that money to an eligible entity, as
363 defined by the department by rule made in accordance with Title 63G, Chapter 3, Utah
364 Administrative Rulemaking Act, for the preservation of soil, water, and air resources, or for a
365 reason set forth in Section 4-18-108;
366 (g) seek to coordinate soil and water protection, conservation, and development
367 activities and programs of state agencies, local governmental units, other states, special interest
368 groups, and federal agencies; [
369 (h) when assigned by the governor, when required by contract with the Department of
370 Environmental Quality, or when required by contract with the United States Environmental
371 Protection Agency:
372 (i) develop programs for the prevention, control, or abatement of new or existing
373 pollution to the soil, water, or air of the state;
374 (ii) advise, consult, and cooperate with affected parties to further the purpose of this
375 chapter;
376 (iii) conduct studies, investigations, research, and demonstrations relating to
377 agricultural pollution issues;
378 (iv) give reasonable consideration in the exercise of its powers and duties to the
379 economic impact on sustainable agriculture;
380 (v) meet the requirements of federal law related to water and air pollution in the
381 exercise of the commission's powers and duties; and
382 (vi) establish administrative penalties relating to agricultural discharges as defined in
383 Section 4-18-103 that are proportional to the seriousness of the resulting environmental
384 harm[
385 (i) coordinate with the Division of Conservation created in Section 4-46-401.
386 (2) The commission may:
387 (a) employ, with the approval of the department, an administrator and necessary
388 technical experts and employees;
389 (b) execute contracts or other instruments necessary to exercise the commission's
390 powers;
391 (c) take necessary action to promote and enforce the purpose and findings of Section
392 4-18-102;
393 (d) sue and be sued; and
394 (e) adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative
395 Rulemaking Act, necessary to carry out the powers and duties described in Subsection (1) and
396 Subsections (2)(b) and (c).
397 Section 4. Section 4-46-101 is enacted to read:
398
399
400 4-46-101. Policy.
401 It is the policy of this state that land conservation should be promoted to protect the
402 state's agricultural industry and natural resources.
403 Section 5. Section 4-46-102, which is renumbered from Section 11-38-102 is
404 renumbered and amended to read:
405 [
406 As used in this chapter:
407 [
408
409
410 [
411 Section 59-2-502.
412 [
413
414
415 [
416 Land Conservation Board established in Section [
417 [
418
419
420 (3) "Conservation commission" means the Conservation Commission created in
421 Section 4-18-104.
422 (4) "Conservation district" means a limited purpose local government entity created
423 under Title 17D, Chapter 3, Conservation District Act.
424 Ĥ→ [
425 17-27a-103, of a county.
426 (6)
427 Ĥ→ [
427a 4-46-401.
427b Ĥ→ (7) "Land use authority" means:
427c (a) a land use authority, as defined in Section 10-9a-103, of a municipality; or
427d (b) a land use authority, as defined in Section 17-27a-103, of a county. ←Ĥ
428 [
429 [
430 (i) preserved in or restored to a predominantly natural, open, and undeveloped
431 condition; and
432 (ii) used for:
433 (A) wildlife habitat;
434 (B) cultural or recreational use;
435 (C) watershed protection; or
436 (D) another use consistent with the preservation of the land in or restoration of the land
437 to a predominantly natural, open, and undeveloped condition.
438 (b) (i) "Open land" does not include land whose predominant use is as a developed
439 facility for active recreational activities, including baseball, tennis, soccer, golf, or other
440 sporting or similar activity.
441 (ii) The condition of land does not change from a natural, open, and undeveloped
442 condition because of the development or presence on the land of facilities, including trails,
443 waterways, and grassy areas, that:
444 (A) enhance the natural, scenic, or aesthetic qualities of the land; or
445 (B) facilitate the public's access to or use of the land for the enjoyment of [
446 land's natural, scenic, or aesthetic qualities and for compatible recreational activities.
447 [
448 established in Section [
449 [
450
451
452
453 (11) (a) "State conservation efforts" includes:
454 (i) efforts to optimize and preserve the uses of land for the benefit of the state's
455 agricultural industry and natural resources; and
456 (ii) conservation of working landscapes that if conserved, preserves the state's
457 agricultural industry and natural resources, such as working agricultural land.
458 (b) "State conservation efforts" does not include the purpose of opening private
459 property to public access without the consent of the owner of the private property.
460 [
461 or producer engages in the activity of producing for commercial purposes crops, orchards,
462 livestock, poultry, aquaculture, livestock products, or poultry products and the facilities,
463 equipment, and property used to facilitate the activity.
464 (b) "Working agricultural land" includes an agricultural protection area established
465 under Title 17, Chapter 41, Agriculture, Industrial, or Critical Infrastructure Materials
466 Protection Areas.
467 Section 6. Section 4-46-103 is enacted to read:
468 4-46-103. Application of chapter to wildlife issues.
469 This chapter may not be construed or applied to supersede or interfere with the powers
470 and duties of the Division of Wildlife Resources or the Wildlife Board under Title 23, Wildlife
471 Resources Code of Utah, over:
472 (1) conservation and management of protected wildlife within the state;
473 (2) a program or initiative to restore and conserve habitat for fish and wildlife; or
474 (3) acquisition, ownership, management, and control of real property or a real property
475 interest, including a leasehold estate, an easement, a right-of-way, or a conservation easement.
476 Section 7. Section 4-46-104 is enacted to read:
477 4-46-104. Transition.
478 (1) A grant that is entered into or issued by the Quality Growth Commission on or
479 before July 1, 2022, remains in effect, except that:
480 (a) the agency administrating the grant shall be transferred to the board in the same
481 manner as the statutory responsibility is transferred under this bill; and
482 (b) the grant is subject to the terms of the grant and may be terminated under the terms
483 of the grant.
484 (2) In accordance with this bill, the department assumes the policymaking functions,
485 regulatory, and enforcement powers, rights, and duties of the Quality Growth Commission
486 existing on June 30, 2022.
487 Section 8. Section 4-46-201 is enacted to read:
488
489 4-46-201. Land Conservation Board.
490 (1) There is created a Land Conservation Board consisting of:
491 (a) the director of the Division of Conservation or the director's designee;
492 (b) the commissioner of the Department of Agriculture and Food or the commissioner's
493 designee;
494 (c) the executive director of the Governor's Office of Planning and Budget, or the
495 executive director's designee;
496 (d) four elected officials at the local government level, two of whom may not be
497 residents of a county of the first or second class; and
498 (e) seven persons from the profit and nonprofit private sector:
499 (i) two of whom may not be residents of a county of the first or second class;
500 Ĥ→ [
501 (iii)
501a an
502 association representing Utah home builders;
503 Ĥ→ [
503a association
504 representing Utah realtors;
505 Ĥ→ [
505a list of
506 nominees submitted by at least one association representing farmers;
507 Ĥ→ [
507a a list of
508 nominees submitted by at least one association representing cattlemen;
509 Ĥ→ [
509a from a
510 list of nominees submitted by at least one association representing wool growers;
511 Ĥ→ [
512 Ĥ→ [
512a created
513 under Title 17D, Chapter 3, Conservation District Act, selected from a list of nominees
514 submitted by at least one association representing conservation districts.
515 (2) (a) The governor shall appoint a board member under Subsection (1)(d) or (e) with
516 the advice and consent of the Senate.
517 (b) The governor shall select:
518 (i) two of the four members under Subsection (1)(d) from a list of names provided by
519 the Utah League of Cities and Towns; and
520 (ii) two of the four members under Subsection (1)(d) from a list of names provided by
521 the Utah Association of Counties.
522 (3) (a) The term of office of a member appointed under Subsection (1)(d) or (e) is four
523 years.
524 (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
525 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
526 board members are staggered so that approximately half of the board is appointed every two
527 years.
528 (c) A member of the board appointed under Subsection (1)(d) or (e) may not serve
529 more than two consecutive four-year terms.
530 (4) A mid-term vacancy shall be filled for the unexpired term in the same manner as an
531 appointment under Subsection (2).
532 (5) Ĥ→ [
532a from their number and establish rules for the
533 organization and operation of the board.
533a Ĥ→ (b) The board member who is chair may not vote during the board member's
533b tenure as chair, except the chair may vote if there is a tie vote of board members. ←Ĥ
534 (6) A member may not receive compensation or benefits for the member's service, but
535 may receive per diem and travel expenses in accordance with:
536 (a) Section 63A-3-106;
537 (b) Section 63A-3-107; and
538 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
539 63A-3-107.
540 (7) A member is not required to give bond for the performance of official duties.
541 (8) Staff services to the board shall be provided by the Division of Conservation.
542 Section 9. Section 4-46-202, which is renumbered from Section 11-38-202 is
543 renumbered and amended to read:
544 [
545 authority -- Criteria.
546 (1) The [
547 [
548
549
550 [
551 [
552 [
553
554
555 [
556 [
557
558
559 [
560 Legislature[
561 [
562 [
563
564 [
565 [
566 chapter, the [
567 ranking criteria used by the Agriculture Conservation Easement Program and Agriculture Land
568 Easement as determined by the Natural Resources Conservation Service under the United
569 States Department of Agriculture.
570 Section 10. Section 4-46-301, which is renumbered from Section 11-38-301 is
571 renumbered and amended to read:
572
573 [
574 Program.
575 (1) There is created a program entitled the "LeRay McAllister Critical Land
576 Conservation Program."
577 (2) Funding for the program shall be a line item in the budget of the[
578
579 Section 11. Section 4-46-302, which is renumbered from Section 11-38-302 is
580 renumbered and amended to read:
581 [
582 Administration.
583 (1) Subject to Subsection (2), the [
584 in the program, by grant, to:
585 (a) a local entity;
586 (b) the Department of Natural Resources created under Section 79-2-201;
587 (c) [
588 within the department; or
589 (d) a charitable organization that qualifies as being tax exempt under Section 501(c)(3),
590 Internal Revenue Code.
591 (2) (a) The money in the program shall be used for preserving or restoring open land
592 and agricultural land.
593 (b) (i) Except as provided in Subsection (2)(b)(ii), money from the program may not be
594 used to purchase a fee interest in real property [
595 land, but may be used to establish a conservation easement under Title 57, Chapter 18, Land
596 Conservation Easement Act, or to fund similar methods to preserve open land or agricultural
597 land.
598 (ii) Notwithstanding Subsection (2)(b)(i), money from the [
599 to purchase a fee interest in real property to preserve open land or agricultural land if:
600 (A) the parcel to be purchased is no more than 20 acres in size; and
601 (B) with respect to a parcel purchased in a county in which over 50% of the land area is
602 publicly owned, real property roughly equivalent in size and located within that county is
603 contemporaneously transferred to private ownership from the governmental entity that
604 purchased the fee interest in real property.
605 (iii) Eminent domain may not be used or threatened in connection with any purchase
606 using money from the program.
607 (iv) A parcel of land larger than 20 acres in size may not be divided into separate
608 parcels smaller than 20 acres each to meet the requirement of Subsection (2)(b)(ii).
609 (c) A local entity, department, or organization under Subsection (1) may not receive
610 money from the program unless the local entity, department, or organization provides matching
611 funds equal to or greater than the amount of money received from the program.
612 (d) In granting money from the program, the [
613 conditions on the recipient as to how the money is to be spent.
614 (e) The [
615 (i) working agricultural land; and
616 (ii) after giving priority to working agricultural land under Subsection (2)(e)(i),
617 requests from the Department of Natural Resources for up to 20% of each annual increase in
618 the amount of money in the program if the money is used for the protection of wildlife or
619 watershed.
620 (f) (i) The [
621 $1,000,000 until after making a report to the Legislative Management Committee about the
622 grant.
623 (ii) The Legislative Management Committee may make a recommendation to the
624 [
625 the [
626 (3) In determining the amount and type of financial assistance to provide [
627 entity, department, or organization under Subsection (1) and subject to Subsection (2)(f), the
628 [
629 (a) the nature and amount of open land and agricultural land proposed to be preserved
630 or restored;
631 (b) the qualities of the open land and agricultural land proposed to be preserved or
632 restored;
633 (c) the cost effectiveness of the project to preserve or restore open land or agricultural
634 land;
635 (d) the funds available;
636 (e) the number of actual and potential applications for financial assistance and the
637 amount of money sought by those applications;
638 (f) the open land preservation plan of the local entity where the project is located and
639 the priority placed on the project by that local entity;
640 (g) the effects on housing affordability and diversity; and
641 (h) whether the project protects against the loss of private property ownership.
642 (4) If a local entity, department, or organization under Subsection (1) seeks money
643 from the program for a project whose purpose is to protect critical watershed, the [
644 board shall require that the needs and quality of that project be verified by the state engineer.
645 (5) An interest in real property purchased with money from the program shall be held
646 and administered by the state or a local entity.
647 (6) (a) The board may not authorize the use of money under this section for a project
648 unless the Ĥ→ [
648a is located consents to
649 the project.
650 (b) To obtain consent to a project, the person who is seeking money from the program
651 shall submit a request for consent to a project with the applicable Ĥ→ [
651a authority.
652 The Ĥ→ [
652a use authority does
653 not take action within 30 days from the day on which the request for consent is filed with the
654 Ĥ→ [
654a having
655 the consent of the Ĥ→ [
656 (c) An action of a Ĥ→ [
656a land use
657 decision subject to Ĥ→ :
657a (i) Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act; or
657b (ii) ←Ĥ Title 17, Chapter 27a, County Land Use, Development, and Management
658 Act.
659 Section 12. Section 4-46-303, which is renumbered from Section 11-38-304 is
660 renumbered and amended to read:
661 [
662 The [
663 Government and Natural Resources, Agriculture, and Environmental Quality Appropriations
664 Subcommittees:
665 (1) specifying the amount of each disbursement from the program;
666 (2) identifying the recipient of each disbursement and describing the project for which
667 money was disbursed; and
668 (3) detailing the conditions, if any, placed by the [
669 from the program.
670 Section 13. Section 4-46-401 is enacted to read:
671
672 4-46-401. Division of Conservation created -- Director.
673 (1) Within the department there is created the Division of Conservation.
674 (2) (a) The director is the executive and administrative head of the division.
675 (b) The director shall administer this part subject to the administration and general
676 supervision of the commissioner.
677 (3) The division shall coordinate state conservation efforts by:
678 (a) staffing the board created in Section 4-46-201;
679 (b) coordinating with a conservation district in accordance with Section 4-46-402;
680 (c) coordinating with an agency or division within the department, the Department of
681 Natural Resources, other state agencies, counties, cities, towns, local land trust entities, and
682 federal agencies;
683 (d) facilitating obtaining federal funds in addition to state funds used for state
684 conservation efforts;
685 (e) monitoring and providing for the management of conservation easements on state
686 lands, including coordination with the Division of Wildlife Resources in the Division of
687 Wildlife Resources' administration of Section 23-14-14.2; and
688 (f) implementing rules made by the department in accordance with Title 63G, Chapter
689 3, Utah Administrative Rulemaking Act, and Section 4-46-403.
690 (4) The division may cooperate with, or enter into agreements with, other agencies of
691 this state and federal agencies in the administration and enforcement of this chapter.
692 Section 14. Section 4-46-402 is enacted to read:
693 4-46-402. Training -- Coordination with conservation districts.
694 (1) The division shall provide training to the conservation commission concerning:
695 (a) funding state conservation efforts; and
696 (b) coordinating state conservation efforts.
697 (2) The division shall work with the conservation commission in coordinating with a
698 conservation district.
699 Section 15. Section 4-46-403 is enacted to read:
700 4-46-403. Conservation rules.
701 The department may make rules, in accordance with Title 63G, Chapter 3, Utah
702 Administrative Rulemaking Act, to:
703 (1) establish requirements for the training described in Section 4-46-402; and
704 (2) establish the procedures the division shall follow in coordinating state conservation
705 efforts.
706 Section 16. Section 9-9-112 is amended to read:
707 9-9-112. Bears Ears Visitor Center Advisory Committee.
708 (1) Utah extends an invitation to the Navajo Nation, the Ute Mountain Ute Tribe, the
709 Hopi Nation, the Zuni Tribe, and the Ute Indian Tribe of the Uintah Ouray to form an advisory
710 committee for the purpose of exploring the feasibility, location, functions, and other important
711 matters surrounding the creation of a visitor center at Bears Ears.
712 (2) As used in this section:
713 (a) "Advisory committee" means the Bears Ears Visitor Center Advisory Committee
714 created by this section.
715 (b) "Bears Ears" means the Bears Ears National Monument.
716 (3) (a) Subject to Subsection (3)(b), there is created the Bears Ears Visitor Center
717 Advisory Committee consisting of the following eight members:
718 (i) five voting members as follows:
719 (A) a representative of the Navajo Nation, appointed by the Navajo Nation;
720 (B) a representative of the Ute Mountain Ute Tribe, appointed by the Ute Mountain
721 Ute Tribe;
722 (C) a representative of the Hopi Nation, appointed by the Hopi Nation;
723 (D) a representative of the Zuni Tribe, appointed by the Zuni Tribe; and
724 (E) a representative of the Ute Indian Tribe of the Uintah Ouray, appointed by the Ute
725 Indian Tribe of the Uintah Ouray; and
726 (ii) subject to Subsection (4), three nonvoting members as follows:
727 (A) one member of the Senate, appointed by the president of the Senate; and
728 (B) two members of the House of Representatives, appointed by the speaker of the
729 House of Representatives.
730 (b) The advisory committee is formed when all of the tribes described in Subsection (1)
731 have communicated to the other tribes and to the Division of Indian Affairs that the tribe has
732 appointed a member to the advisory committee.
733 (4) At least one of the three legislative members appointed under Subsection (3)(a)(ii)
734 shall be from a minority party.
735 (5) The advisory committee may select from the advisory committee members the chair
736 or other officers of the advisory committee.
737 (6) (a) If a vacancy occurs in the membership of the advisory committee appointed
738 under Subsection (3), the member shall be replaced in the same manner in which the original
739 appointment was made.
740 (b) A member appointed under Subsection (3) serves until the member's successor is
741 appointed and qualified.
742 (7) (a) A majority of the voting members of the advisory committee constitutes a
743 quorum.
744 (b) The action of a majority of a quorum constitutes an action of the advisory
745 committee.
746 (8) (a) The salary and expenses of an advisory committee member who is a legislator
747 shall be paid in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative
748 Compensation and Expenses.
749 (b) An advisory committee member who is not a legislator may not receive
750 compensation or benefits for the member's service on the advisory committee, but may receive
751 per diem and reimbursement for travel expenses incurred as an advisory committee member at
752 the rates established by the Division of Finance under:
753 (i) Sections 63A-3-106 and 63A-3-107; and
754 (ii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
755 63A-3-107.
756 (9) The advisory committee may invite the United States Forest Service, the Bureau of
757 Land Management, the Division of State Parks, the Division of Outdoor Recreation, and the
758 Utah Office of Tourism within the Governor's Office of Economic Opportunity, to serve as
759 technical advisors to the advisory committee.
760 (10) The Division of Indian Affairs shall staff the advisory committee.
761 (11) The advisory committee shall study and make recommendations concerning:
762 (a) the need for a visitor center associated with Bears Ears;
763 (b) the feasibility of a visitor center associated with Bears Ears, including investigating:
764 (i) potential locations for the visitor center;
765 (ii) purposes for the visitor center; and
766 (iii) sources of funding to build and maintain the visitor center;
767 (c) whether a visitor center will increase visitorship to Bears Ears; and
768 (d) whether a visitor center at Bears Ears could function as a repository of traditional
769 knowledge and practices.
770 (12) The advisory committee may contract with one or more consultants to conduct
771 work related to the issues raised in Subsection (11) if the Legislature appropriates money
772 expressly for the purpose of the advisory committee contracting with a consultant.
773 (13) The advisory committee shall hold at least one public hearing to obtain public
774 comment on the creation of a Bears Ears visitor center.
775 (14) The advisory committee shall report the advisory committee's recommendations to
776 one or more of the following:
777 (a) the Economic Development and Workforce Services Interim Committee;
778 (b) the House Economic Development and Workforce Services Committee; or
779 (c) the Senate Economic Development and Workforce Services Committee.
780 Section 17. Section 23-14-14.2 is amended to read:
781 23-14-14.2. Wildlife Resources Conservation Easement Restricted Account.
782 (1) There is created within the General Fund a restricted account known as the
783 "Wildlife Resources Conservation Easement Account."
784 (2) The Wildlife Resources Conservation Easement Account consists of:
785 (a) grants from private foundations;
786 (b) grants from local governments, the state, or the federal government;
787 (c) grants from the [
788 under Section [
789 (d) donations from landowners for monitoring and managing conservation easements;
790 (e) donations from any other person; and
791 (f) interest on account money.
792 (3) Upon appropriation by the Legislature, the Division of Wildlife Resources shall use
793 money from the account to monitor and manage conservation easements held by the division.
794 (4) The division may not receive or expend donations from the account to acquire
795 conservation easements.
796 Section 18. Section 35A-8-2105 is amended to read:
797 35A-8-2105. Allocation of volume cap.
798 (1) (a) Subject to Subsection (1)(b), the volume cap for each year shall be distributed
799 by the board of review to the allotment accounts as described in Section 35A-8-2106.
800 (b) The board of review may distribute up to 50% of each increase in the volume cap
801 for use in development that occurs in quality growth areas, depending upon the board's analysis
802 of the relative need for additional volume cap between development in quality growth areas
803 and the allotment accounts under Section 35A-8-2106.
804 (2) To obtain an allocation of the volume cap, issuing authorities shall submit to the
805 board of review an application containing information required by the procedures and
806 processes of the board of review.
807 (3) (a) The board of review shall establish criteria for making allocations of volume
808 cap that are consistent with the purposes of the code and this part.
809 (b) In making an allocation of volume cap the board of review shall consider the
810 following:
811 (i) the principal amount of the bonds proposed to be issued;
812 (ii) the nature and the location of the project or the type of program;
813 (iii) the likelihood that the bonds will be sold and the timeframe of bond issuance;
814 (iv) whether the project or program could obtain adequate financing without an
815 allocation of volume cap;
816 (v) the degree to which an allocation of volume cap is required for the project or
817 program to proceed or continue;
818 (vi) the social, health, economic, and educational effects of the project or program on
819 the local community and state as a whole;
820 (vii) the anticipated economic development created or retained within the local
821 community and the state as a whole;
822 (viii) the anticipated number of jobs, both temporary and permanent, created or
823 retained within the local community and the state as a whole; and
824 (ix) if the project is a residential rental project, the degree to which the residential
825 rental project:
826 (A) targets lower income populations; and
827 (B) is accessible housing[
828 [
829
830 (4) The board of review shall provide evidence of an allocation of volume cap by
831 issuing a certificate in accordance with Section 35A-8-2107.
832 (5) (a) From January 1 to June 30 of each year, the board of review shall set aside at
833 least 50% of the Small Issue Bond Account that may only be allocated to manufacturing
834 projects.
835 (b) From July 1 to August 15 of each year, the board of review shall set aside at least
836 50% of the Pool Account that may only be allocated to manufacturing projects.
837 Section 19. Section 41-1a-418 is amended to read:
838 41-1a-418. Authorized special group license plates.
839 (1) The division shall only issue special group license plates in accordance with this
840 section through Section 41-1a-422 to a person who is specified under this section within the
841 categories listed as follows:
842 (a) disability special group license plates issued in accordance with Section 41-1a-420;
843 (b) honor special group license plates, as in a war hero, which plates are issued for a:
844 (i) survivor of the Japanese attack on Pearl Harbor;
845 (ii) former prisoner of war;
846 (iii) recipient of a Purple Heart;
847 (iv) disabled veteran;
848 (v) recipient of a gold star award issued by the United States Secretary of Defense; or
849 (vi) recipient of a campaign or combat theater award determined by the Department of
850 Veterans and Military Affairs;
851 (c) unique vehicle type special group license plates, as for historical, collectors value,
852 or other unique vehicle type, which plates are issued for:
853 (i) a special interest vehicle;
854 (ii) a vintage vehicle;
855 (iii) a farm truck; or
856 (iv) (A) until Subsection (1)(c)(iv)(B) or (4) applies, a vehicle powered by clean fuel as
857 defined in Section 59-13-102; or
858 (B) beginning on the effective date of rules made by the Department of Transportation
859 authorized under Subsection 41-6a-702(5)(b) and until Subsection (4) applies, a vehicle
860 powered by clean fuel that meets the standards established by the Department of Transportation
861 in rules authorized under Subsection 41-6a-702(5)(b);
862 (d) recognition special group license plates, which plates are issued for:
863 (i) a current member of the Legislature;
864 (ii) a current member of the United States Congress;
865 (iii) a current member of the National Guard;
866 (iv) a licensed amateur radio operator;
867 (v) a currently employed, volunteer, or retired firefighter until June 30, 2009;
868 (vi) an emergency medical technician;
869 (vii) a current member of a search and rescue team;
870 (viii) a current honorary consulate designated by the United States Department of
871 State;
872 (ix) an individual supporting commemoration and recognition of women's suffrage;
873 (x) an individual supporting a fraternal, initiatic order for those sharing moral and
874 metaphysical ideals, and designed to teach ethical and philosophical matters of brotherly love,
875 relief, and truth;
876 (xi) an individual supporting the Utah Wing of the Civil Air Patrol; or
877 (xii) an individual supporting the recognition and continuation of the work and life of
878 Dr. Martin Luther King, Jr.; or
879 (e) support special group license plates, as for a contributor to an institution or cause,
880 which plates are issued for a contributor to:
881 (i) an institution's scholastic scholarship fund;
882 (ii) the Division of Wildlife Resources;
883 (iii) the Department of Veterans and Military Affairs;
884 (iv) [
885 (v) the Department of Agriculture and Food;
886 (vi) the Guardian Ad Litem Services Account and the Children's Museum of Utah;
887 (vii) the Boy Scouts of America;
888 (viii) spay and neuter programs through No More Homeless Pets in Utah;
889 (ix) the Boys and Girls Clubs of America;
890 (x) Utah public education;
891 (xi) programs that provide support to organizations that create affordable housing for
892 those in severe need through the Division of Real Estate;
893 (xii) the Department of Public Safety;
894 (xiii) programs that support Zion National Park;
895 (xiv) beginning on July 1, 2009, programs that provide support to firefighter
896 organizations;
897 (xv) programs that promote bicycle operation and safety awareness;
898 (xvi) programs that conduct or support cancer research;
899 (xvii) programs that create or support autism awareness;
900 (xviii) programs that create or support humanitarian service and educational and
901 cultural exchanges;
902 (xix) until September 30, 2017, programs that conduct or support prostate cancer
903 awareness, screening, detection, or prevention;
904 (xx) programs that support and promote adoptions;
905 (xxi) programs that support issues affecting women and children through an
906 organization affiliated with a national professional men's basketball organization;
907 (xxii) programs that strengthen youth soccer, build communities, and promote
908 environmental sustainability through an organization affiliated with a professional men's soccer
909 organization;
910 (xxiii) programs that support children with heart disease;
911 (xxiv) programs that support the operation and maintenance of the Utah Law
912 Enforcement Memorial;
913 (xxv) programs that provide assistance to children with cancer;
914 (xxvi) programs that promote leadership and career development through agricultural
915 education;
916 (xxvii) the Utah State Historical Society;
917 (xxviii) programs to transport veterans to visit memorials honoring the service and
918 sacrifices of veterans;
919 (xxix) programs that promote motorcycle safety awareness;
920 (xxx) organizations that promote clean air through partnership, education, and
921 awareness;
922 (xxxi) programs dedicated to strengthening the state's Latino community through
923 education, mentoring, and leadership opportunities;
924 (xxxii) organizations dedicated to facilitating, connecting, registering, and advocating
925 for organ donors and donor families; or
926 (xxxiii) public education on behalf of the Kiwanis International clubs.
927 (2) (a) The division may not issue a new type of special group license plate or decal
928 unless the division receives:
929 (i) (A) a private donation for the start-up fee established under Section 63J-1-504 for
930 the production and administrative costs of providing the new special group license plates or
931 decals; or
932 (B) a legislative appropriation for the start-up fee provided under Subsection
933 (2)(a)(i)(A); and
934 (ii) beginning on January 1, 2012, and for the issuance of a support special group
935 license plate authorized in Section 41-1a-422, at least 500 completed applications for the new
936 type of support special group license plate or decal to be issued with all fees required under this
937 part for the support special group license plate or decal issuance paid by each applicant.
938 (b) (i) Beginning on January 1, 2012, each participating organization shall collect and
939 hold applications for support special group license plates or decals authorized in Section
940 41-1a-422 on or after January 1, 2012, until it has received at least 500 applications.
941 (ii) Once a participating organization has received at least 500 applications, it shall
942 submit the applications, along with the necessary fees, to the division for the division to begin
943 working on the design and issuance of the new type of support special group license plate or
944 decal to be issued.
945 (iii) Beginning on January 1, 2012, the division may not work on the issuance or design
946 of a new support special group license plate or decal authorized in Section 41-1a-422 until the
947 applications and fees required under this Subsection (2) have been received by the division.
948 (iv) The division shall begin issuance of a new support special group license plate or
949 decal authorized in Section 41-1a-422 on or after January 1, 2012, no later than six months
950 after receiving the applications and fees required under this Subsection (2).
951 (c) (i) Beginning on July 1, 2009, the division may not renew a motor vehicle
952 registration of a motor vehicle that has been issued a firefighter recognition special group
953 license plate unless the applicant is a contributor as defined in Subsection
954 41-1a-422(1)(a)(ii)(D) to the Firefighter Support Restricted Account.
955 (ii) A registered owner of a vehicle that has been issued a firefighter recognition
956 special group license plate prior to July 1, 2009, upon renewal of the owner's motor vehicle
957 registration shall:
958 (A) be a contributor to the Firefighter Support Restricted Account as required under
959 Subsection (2)(c)(i); or
960 (B) replace the firefighter recognition special group license plate with a new license
961 plate.
962 (3) Beginning on July 1, 2011, if a support special group license plate or decal type
963 authorized in Section 41-1a-422 and issued on or after January 1, 2012, has fewer than 500
964 license plates issued each year for a three consecutive year time period that begins on July 1,
965 the division may not issue that type of support special group license plate or decal to a new
966 applicant beginning on January 1 of the following calendar year after the three consecutive year
967 time period for which that type of support special group license plate or decal has fewer than
968 500 license plates issued each year.
969 (4) Beginning on July 1, 2011, the division may not issue to an applicant a unique
970 vehicle type license plate for a vehicle powered by clean fuel under Subsection (1)(c)(iv).
971 (5) (a) Beginning on October 1, 2017, the division may not issue a new prostate cancer
972 support special group license plate.
973 (b) A registered owner of a vehicle that has been issued a prostate cancer support
974 special group license plate before October 1, 2017, may renew the owner's motor vehicle
975 registration, with the contribution allocated as described in Section 41-1a-422.
976 Section 20. Section 41-1a-422 is amended to read:
977 41-1a-422. Support special group license plates -- Contributor -- Voluntary
978 contribution collection procedures.
979 (1) As used in this section:
980 (a) (i) except as provided in Subsection (1)(a)(ii), "contributor" means a person who has
981 donated or in whose name at least $25 has been donated to:
982 (A) a scholastic scholarship fund of a single named institution;
983 (B) the Department of Veterans and Military Affairs for veterans programs;
984 (C) the Division of Wildlife Resources for the Wildlife Resources Account created in
985 Section 23-14-13, for conservation of wildlife and the enhancement, preservation, protection,
986 access, and management of wildlife habitat;
987 (D) the Department of Agriculture and Food for the benefit of conservation districts;
988 (E) the Division of Outdoor Recreation for the benefit of snowmobile programs;
989 (F) the Guardian Ad Litem Services Account and the Children's Museum of Utah, with
990 the donation evenly divided between the two;
991 (G) the Boy Scouts of America for the benefit of a Utah Boy Scouts of America
992 council as specified by the contributor;
993 (H) No More Homeless Pets in Utah for distribution to organizations or individuals
994 that provide spay and neuter programs that subsidize the sterilization of domestic animals;
995 (I) the Utah Alliance of Boys and Girls Clubs, Inc. to provide and enhance youth
996 development programs;
997 (J) the Utah Association of Public School Foundations to support public education;
998 (K) the Utah Housing Opportunity Restricted Account created in Section 61-2-204 to
999 assist people who have severe housing needs;
1000 (L) the Public Safety Honoring Heroes Restricted Account created in Section 53-1-118
1001 to support the families of fallen Utah Highway Patrol troopers and other Department of Public
1002 Safety employees;
1003 (M) the Division of [
1004 that provide support for Zion National Park;
1005 (N) the Firefighter Support Restricted Account created in Section 53-7-109 to support
1006 firefighter organizations;
1007 (O) the Share the Road Bicycle Support Restricted Account created in Section
1008 72-2-127 to support bicycle operation and safety awareness programs;
1009 (P) the Cancer Research Restricted Account created in Section 26-21a-302 to support
1010 cancer research programs;
1011 (Q) Autism Awareness Restricted Account created in Section 53F-9-401 to support
1012 autism awareness programs;
1013 (R) Humanitarian Service and Educational and Cultural Exchange Restricted Account
1014 created in Section 9-17-102 to support humanitarian service and educational and cultural
1015 programs;
1016 (S) Upon renewal of a prostate cancer support special group license plate, to the Cancer
1017 Research Restricted Account created in Section 26-21a-302 to support cancer research
1018 programs;
1019 (T) the Choose Life Adoption Support Restricted Account created in Section
1020 62A-4a-608 to support programs that promote adoption;
1021 (U) the National Professional Men's Basketball Team Support of Women and Children
1022 Issues Restricted Account created in Section 62A-1-202;
1023 (V) the Utah Law Enforcement Memorial Support Restricted Account created in
1024 Section 53-1-120;
1025 (W) the Children with Cancer Support Restricted Account created in Section
1026 26-21a-304 for programs that provide assistance to children with cancer;
1027 (X) the National Professional Men's Soccer Team Support of Building Communities
1028 Restricted Account created in Section 9-19-102;
1029 (Y) the Children with Heart Disease Support Restricted Account created in Section
1030 26-58-102;
1031 (Z) the Utah Intracurricular Student Organization Support for Agricultural Education
1032 and Leadership Restricted Account created in Section 4-42-102;
1033 (AA) the Division of Wildlife Resources for the Support for State-Owned Shooting
1034 Ranges Restricted Account created in Section 23-14-13.5, for the creation of new, and
1035 operation and maintenance of existing, state-owned firearm shooting ranges;
1036 (BB) the Utah State Historical Society to further the mission and purpose of the Utah
1037 State Historical Society;
1038 (CC) the Motorcycle Safety Awareness Support Restricted Account created in Section
1039 72-2-130;
1040 (DD) the Transportation of Veterans to Memorials Support Restricted Account created
1041 in Section 71-14-102;
1042 (EE) clean air support causes, with half of the donation deposited into the Clean Air
1043 Support Restricted Account created in Section 19-1-109, and half of the donation deposited
1044 into the Clean Air Fund created in Section 59-10-1319;
1045 (FF) the Latino Community Support Restricted Account created in Section 13-1-16;
1046 (GG) the Allyson Gamble Organ Donation Contribution Fund created in Section
1047 26-18b-101; or
1048 (HH) public education on behalf of the Kiwanis International clubs, with the amount of
1049 the donation required to cover the costs of issuing, ordering, or reordering Kiwanis support
1050 special group plates, as determined by the State Tax Commission, deposited into the Kiwanis
1051 Education Support Fund created in Section 53F-9-403, and all remaining donation amounts
1052 deposited into the Education Fund.
1053 (ii) (A) For a veterans special group license plate described in Subsection (4) or
1054 41-1a-421(1)(a)(v) [
1055 whose name at least a $25 donation at the time of application and $10 annual donation
1056 thereafter has been made.
1057 (B) For a Utah Housing Opportunity special group license plate, "contributor" means a
1058 person who:
1059 (I) has donated or in whose name at least $30 has been donated at the time of
1060 application and annually after the time of application; and
1061 (II) is a member of a trade organization for real estate licensees that has more than
1062 15,000 Utah members.
1063 (C) For an Honoring Heroes special group license plate, "contributor" means a person
1064 who has donated or in whose name at least $35 has been donated at the time of application and
1065 annually thereafter.
1066 (D) For a firefighter support special group license plate, "contributor" means a person
1067 who:
1068 (I) has donated or in whose name at least $15 has been donated at the time of
1069 application and annually after the time of application; and
1070 (II) is a currently employed, volunteer, or retired firefighter.
1071 (E) For a cancer research special group license plate, "contributor" means a person who
1072 has donated or in whose name at least $35 has been donated at the time of application and
1073 annually after the time of application.
1074 (F) For a Utah Law Enforcement Memorial Support special group license plate,
1075 "contributor" means a person who has donated or in whose name at least $35 has been donated
1076 at the time of application and annually thereafter.
1077 (b) "Institution" means a state institution of higher education as defined under Section
1078 53B-3-102 or a private institution of higher education in the state accredited by a regional or
1079 national accrediting agency recognized by the United States Department of Education.
1080 (2) (a) An applicant for original or renewal collegiate special group license plates under
1081 Subsection (1)(a)(i) must be a contributor to the institution named in the application and
1082 present the original contribution verification form under Subsection (2)(b) or make a
1083 contribution to the division at the time of application under Subsection (3).
1084 (b) An institution with a support special group license plate shall issue to a contributor
1085 a verification form designed by the commission containing:
1086 (i) the name of the contributor;
1087 (ii) the institution to which a donation was made;
1088 (iii) the date of the donation; and
1089 (iv) an attestation that the donation was for a scholastic scholarship.
1090 (c) The state auditor may audit each institution to verify that the money collected by the
1091 institutions from contributors is used for scholastic scholarships.
1092 (d) After an applicant has been issued collegiate license plates or renewal decals, the
1093 commission shall charge the institution whose plate was issued, a fee determined in accordance
1094 with Section 63J-1-504 for management and administrative expenses incurred in issuing and
1095 renewing the collegiate license plates.
1096 (e) If the contribution is made at the time of application, the contribution shall be
1097 collected, treated, and deposited as provided under Subsection (3).
1098 (3) (a) An applicant for original or renewal support special group license plates under
1099 this section must be a contributor to the sponsoring organization associated with the license
1100 plate.
1101 (b) This contribution shall be:
1102 (i) unless collected by the named institution under Subsection (2), collected by the
1103 division;
1104 (ii) considered a voluntary contribution for the funding of the activities specified under
1105 this section and not a motor vehicle registration fee;
1106 (iii) deposited into the appropriate account less actual administrative costs associated
1107 with issuing the license plates; and
1108 (iv) for a firefighter special group license plate, deposited into the appropriate account
1109 less:
1110 (A) the costs of reordering firefighter special group license plate decals; and
1111 (B) the costs of replacing recognition special group license plates with new license
1112 plates under Subsection 41-1a-1211(13).
1113 (c) The donation described in Subsection (1)(a) must be made in the 12 months [
1114
1115 (d) The donation described in Subsection (1)(a) shall be a one-time donation made to
1116 the division when issuing original:
1117 (i) snowmobile license plates; or
1118 (ii) conservation license plates.
1119 (4) Veterans license plates shall display one of the symbols representing the Army,
1120 Navy, Air Force, Marines, Coast Guard, or American Legion.
1121 Section 21. Section 41-6a-1509 is amended to read:
1122 41-6a-1509. Street-legal all-terrain vehicle -- Operation on highways --
1123 Registration and licensing requirements -- Equipment requirements.
1124 (1) (a) Except as provided in Subsection (1)(b), an individual may operate an all-terrain
1125 type I vehicle, all-terrain type II vehicle, or all-terrain type III vehicle, that meets the
1126 requirements of this section as a street-legal ATV on a street or highway.
1127 (b) An individual may not operate an all-terrain type I vehicle, all-terrain type II
1128 vehicle, or all-terrain type III vehicle as a street-legal ATV on a highway if:
1129 (i) the highway is an interstate system as defined in Section 72-1-102; or
1130 (ii) the highway is in a county of the first class and both of the following criterion is
1131 met:
1132 (A) the highway is near a grade separated portion of the highway; and
1133 (B) the highway has a posted speed limit higher than 50 miles per hour.
1134 (c) Nothing in this section authorizes the operation of a street-legal ATV in an area that
1135 is not open to motor vehicle use.
1136 (2) A street-legal ATV shall comply with Section 59-2-405.2, Subsection
1137 41-1a-205(1), Subsection 53-8-205(1)(b), and the same requirements as:
1138 (a) a motorcycle for:
1139 (i) traffic rules under [
1140 (ii) titling, odometer statement, vehicle identification, license plates, and registration,
1141 excluding registration fees, under [
1142 (iii) the county motor vehicle emissions inspection and maintenance programs under
1143 Section 41-6a-1642;
1144 (b) a motor vehicle for:
1145 (i) driver licensing under Title 53, Chapter 3, Uniform Driver License Act; and
1146 (ii) motor vehicle insurance under [
1147 Motor Vehicle Owners and Operators Act; and
1148 (c) an all-terrain type I or type II vehicle for off-highway vehicle provisions under
1149 [
1150 Business Regulation Act, unless otherwise specified in this section.
1151 (3) (a) The owner of an all-terrain type I vehicle being operated as a street-legal ATV
1152 shall ensure that the vehicle is equipped with:
1153 (i) one or more headlamps that meet the requirements of Section 41-6a-1603;
1154 (ii) one or more tail lamps;
1155 (iii) a tail lamp or other lamp constructed and placed to illuminate the registration plate
1156 with a white light;
1157 (iv) one or more red reflectors on the rear;
1158 (v) one or more stop lamps on the rear;
1159 (vi) amber or red electric turn signals, one on each side of the front and rear;
1160 (vii) a braking system, other than a parking brake, that meets the requirements of
1161 Section 41-6a-1623;
1162 (viii) a horn or other warning device that meets the requirements of Section
1163 41-6a-1625;
1164 (ix) a muffler and emission control system that meets the requirements of Section
1165 41-6a-1626;
1166 (x) rearview mirrors on the right and left side of the driver in accordance with Section
1167 41-6a-1627;
1168 (xi) a windshield, unless the operator wears eye protection while operating the vehicle;
1169 (xii) a speedometer, illuminated for nighttime operation;
1170 (xiii) for vehicles designed by the manufacturer for carrying one or more passengers, a
1171 seat designed for passengers; and
1172 (xiv) tires that:
1173 (A) are not larger than the tires that the all-terrain vehicle manufacturer made available
1174 for the all-terrain vehicle model; and
1175 (B) have at least 2/32 inches or greater tire tread.
1176 (b) The owner of an all-terrain type II vehicle or all-terrain type III vehicle being
1177 operated as a street-legal all-terrain vehicle shall ensure that the vehicle is equipped with:
1178 (i) two headlamps that meet the requirements of Section 41-6a-1603;
1179 (ii) two tail lamps;
1180 (iii) a tail lamp or other lamp constructed and placed to illuminate the registration plate
1181 with a white light;
1182 (iv) one or more red reflectors on the rear;
1183 (v) two stop lamps on the rear;
1184 (vi) amber or red electric turn signals, one on each side of the front and rear;
1185 (vii) a braking system, other than a parking brake, that meets the requirements of
1186 Section 41-6a-1623;
1187 (viii) a horn or other warning device that meets the requirements of Section
1188 41-6a-1625;
1189 (ix) a muffler and emission control system that meets the requirements of Section
1190 41-6a-1626;
1191 (x) rearview mirrors on the right and left side of the driver in accordance with Section
1192 41-6a-1627;
1193 (xi) a windshield, unless the operator wears eye protection while operating the vehicle;
1194 (xii) a speedometer, illuminated for nighttime operation;
1195 (xiii) for vehicles designed by the manufacturer for carrying one or more passengers, a
1196 seat designed for passengers;
1197 (xiv) for vehicles with side-by-side or tandem seating, seatbelts for each vehicle
1198 occupant;
1199 (xv) a seat with a height between 20 and 40 inches when measured at the forward edge
1200 of the seat bottom; and
1201 (xvi) tires that:
1202 (A) do not exceed 44 inches in height; and
1203 (B) have at least 2/32 inches or greater tire tread.
1204 (c) The owner of a street-legal all-terrain vehicle is not required to equip the vehicle
1205 with wheel covers, mudguards, flaps, or splash aprons.
1206 (4) (a) Subject to the requirements of Subsection (4)(b), an operator of a street-legal
1207 all-terrain vehicle, when operating a street-legal all-terrain vehicle on a highway, may not
1208 exceed the lesser of:
1209 (i) the posted speed limit; or
1210 (ii) 50 miles per hour.
1211 (b) An operator of a street-legal all-terrain vehicle, when operating a street-legal
1212 all-terrain vehicle on a highway with a posted speed limit higher than 50 miles per hour, shall:
1213 (i) operate the street-legal all-terrain vehicle on the extreme right hand side of the
1214 roadway; and
1215 (ii) equip the street-legal all-terrain vehicle with a reflector or reflective tape to the
1216 front and back of both sides of the vehicle.
1217 (5) (a) A nonresident operator of an off-highway vehicle that is authorized to be
1218 operated on the highways of another state has the same rights and privileges as a street-legal
1219 ATV that is granted operating privileges on the highways of this state, subject to the
1220 restrictions under this section and rules made by the Division of Outdoor Recreation, after
1221 [
1222 operating privileges to Utah residents.
1223 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1224 Division of Outdoor Recreation, after [
1225 Commission, shall establish eligibility requirements for reciprocal operating privileges for
1226 nonresident users granted under Subsection (5)(a).
1227 (6) Nothing in this chapter restricts the owner of an off-highway vehicle from operating
1228 the off-highway vehicle in accordance with Section 41-22-10.5.
1229 (7) A violation of this section is an infraction.
1230 Section 22. Section 41-22-2 is amended to read:
1231 41-22-2. Definitions.
1232 As used in this chapter:
1233 (1) "Advisory council" means [
1234 council appointed by the Division of Outdoor Recreation that has within the advisory council's
1235 duties advising on policies related to the use of off-highway vehicles.
1236 (2) "All-terrain type I vehicle" means any motor vehicle 52 inches or less in width,
1237 having an unladen dry weight of 1,500 pounds or less, traveling on three or more low pressure
1238 tires, having a seat designed to be straddled by the operator, and designed for or capable of
1239 travel over unimproved terrain.
1240 (3) (a) "All-terrain type II vehicle" means any motor vehicle 80 inches or less in width,
1241 traveling on four or more low pressure tires, having a steering wheel, non-straddle seating, a
1242 rollover protection system, and designed for or capable of travel over unimproved terrain, and
1243 is:
1244 (i) an electric-powered vehicle; or
1245 (ii) a vehicle powered by an internal combustion engine and has an unladen dry weight
1246 of 2,500 pounds or less.
1247 (b) "All-terrain type II vehicle" does not include golf carts, any vehicle designed to
1248 carry a person with a disability, any vehicle not specifically designed for recreational use, or
1249 farm tractors as defined under Section 41-1a-102.
1250 (4) (a) "All-terrain type III vehicle" means any other motor vehicle, not defined in
1251 Subsection (2), (3), (12), or (22), designed for or capable of travel over unimproved terrain.
1252 (b) "All-terrain type III vehicle" does not include golf carts, any vehicle designed to
1253 carry a person with a disability, any vehicle not specifically designed for recreational use, or
1254 farm tractors as defined under Section 41-1a-102.
1255 (5) "Commission" means the Outdoor Adventure Commission.
1256 (6) "Cross-country" means across natural terrain and off an existing highway, road,
1257 route, or trail.
1258 (7) "Dealer" means a person engaged in the business of selling off-highway vehicles at
1259 wholesale or retail.
1260 (8) "Division" means the Division of Outdoor Recreation.
1261 (9) "Low pressure tire" means any pneumatic tire six inches or more in width designed
1262 for use on wheels with rim diameter of 14 inches or less and utilizing an operating pressure of
1263 10 pounds per square inch or less as recommended by the vehicle manufacturer.
1264 (10) "Manufacturer" means a person engaged in the business of manufacturing
1265 off-highway vehicles.
1266 (11) (a) "Motor vehicle" means every vehicle which is self-propelled.
1267 (b) "Motor vehicle" includes an off-highway vehicle.
1268 (12) "Motorcycle" means every motor vehicle having a saddle for the use of the
1269 operator and designed to travel on not more than two tires.
1270 (13) "Off-highway implement of husbandry" means every all-terrain type I vehicle,
1271 all-terrain type II vehicle, all-terrain type III vehicle, motorcycle, or snowmobile that is used by
1272 the owner or the owner's agent for agricultural operations.
1273 (14) "Off-highway vehicle" means any snowmobile, all-terrain type I vehicle,
1274 all-terrain type II vehicle, all-terrain type III vehicle, or motorcycle.
1275 (15) "Operate" means to control the movement of or otherwise use an off-highway
1276 vehicle.
1277 (16) "Operator" means the person who is in actual physical control of an off-highway
1278 vehicle.
1279 (17) "Organized user group" means an off-highway vehicle organization incorporated
1280 as a nonprofit corporation in the state under Title 16, Chapter 6a, Utah Revised Nonprofit
1281 Corporation Act, for the purpose of promoting the interests of off-highway vehicle recreation.
1282 (18) "Owner" means a person, other than a person with a security interest, having a
1283 property interest or title to an off-highway vehicle and entitled to the use and possession of that
1284 vehicle.
1285 (19) "Public land" means land owned or administered by any federal or state agency or
1286 any political subdivision of the state.
1287 (20) "Register" means the act of assigning a registration number to an off-highway
1288 vehicle.
1289 (21) "Roadway" is used as defined in Section 41-6a-102.
1290 (22) "Snowmobile" means any motor vehicle designed for travel on snow or ice and
1291 steered and supported in whole or in part by skis, belts, cleats, runners, or low pressure tires.
1292 (23) "Street or highway" means the entire width between boundary lines of every way
1293 or place of whatever nature, when any part of it is open to the use of the public for vehicular
1294 travel.
1295 (24) "Street-legal all-terrain vehicle" or "street-legal ATV" has the same meaning as
1296 defined in Section 41-6a-102.
1297 Section 23. Section 41-22-5.1 is amended to read:
1298 41-22-5.1. Rules of division relating to display of registration stickers.
1299 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1300 division, after [
1301 a registration sticker on an off-highway vehicle in accordance with Section 41-22-3.
1302 Section 24. Section 41-22-5.5 is amended to read:
1303 41-22-5.5. Off-highway husbandry vehicles.
1304 (1) (a) (i) The owner of an all-terrain type I vehicle, motorcycle, all-terrain type II
1305 vehicle, all-terrain type III vehicle, or snowmobile used for agricultural purposes may apply to
1306 the Motor Vehicle Division for an off-highway implement of husbandry sticker.
1307 (ii) Each application under Subsection (1)(a)(i) shall be accompanied by:
1308 (A) evidence of ownership;
1309 (B) a title or a manufacturer's certificate of origin; and
1310 (C) a signed statement certifying that the off-highway vehicle is used for agricultural
1311 purposes.
1312 (iii) The owner shall receive an off-highway implement of husbandry sticker upon
1313 production of:
1314 (A) the documents required under this Subsection (1); and
1315 (B) payment of an off-highway implement of husbandry sticker fee established by the
1316 division, after [
1317 (b) If the vehicle is also used for recreational purposes on public lands, trails, streets, or
1318 highways, it shall also be registered under Section 41-22-3.
1319 (c) The off-highway implement of husbandry sticker shall be displayed in a manner
1320 prescribed by the division and shall identify the all-terrain type I vehicle, motorcycle, all-terrain
1321 type II vehicle, all-terrain type III vehicle, or snowmobile as an off-highway implement of
1322 husbandry.
1323 (2) The off-highway implement of husbandry sticker is valid only for the life of the
1324 ownership of the all-terrain type I vehicle, motorcycle, all-terrain type II vehicle, all-terrain type
1325 III vehicle, or snowmobile and is not transferable.
1326 (3) The off-highway implement of husbandry sticker is valid for an all-terrain type I
1327 vehicle, motorcycle, all-terrain type II vehicle, all-terrain type III vehicle, or snowmobile that is
1328 being operated adjacent to a roadway:
1329 (a) when the all-terrain type I vehicle, motorcycle, all-terrain type II vehicle, all-terrain
1330 type III vehicle, or snowmobile is only being used to travel from one parcel of land owned,
1331 operated, permitted, or leased for agricultural purposes by the owner of the vehicle to another
1332 parcel of land owned, operated, permitted, or leased for agricultural purposes by the owner; and
1333 (b) when this operation is necessary for the furtherance of agricultural purposes.
1334 (4) If the operation of an off-highway implement of husbandry adjacent to a roadway is
1335 impractical, it may be operated on the roadway if the operator exercises due care towards
1336 conventional motor vehicle traffic.
1337 (5) It is unlawful to operate an off-highway implement of husbandry along, across, or
1338 within the boundaries of an interstate freeway.
1339 (6) A violation of this section is an infraction.
1340 Section 25. Section 41-22-8 is amended to read:
1341 41-22-8. Registration fees.
1342 (1) The division, after [
1343 fees [
1344 (a) (i) Except as provided in Subsection (1)(a)(ii) or (iii), the fee for each off-highway
1345 vehicle registration may not exceed $35.
1346 (ii) The fee for each snowmobile registration may not exceed $26.
1347 (iii) The fee for each street-legal all-terrain vehicle may not exceed $72.
1348 (b) The fee for each duplicate registration card may not exceed $3.
1349 (c) The fee for each duplicate registration sticker may not exceed $5.
1350 (2) A fee may not be charged for an off-highway vehicle that is owned and operated by
1351 the United States Government, this state, or its political subdivisions.
1352 (3) (a) In addition to the fees under this section, Section 41-22-33, and Section
1353 41-22-34, the Motor Vehicle Division shall require a person to pay one dollar to register an
1354 off-highway vehicle under Section 41-22-3.
1355 (b) The Motor Vehicle Division shall deposit the fees the Motor Vehicle Division
1356 collects under Subsection (3)(a) into the Spinal Cord and Brain Injury Rehabilitation Fund
1357 described in Section 26-54-102.
1358 Section 26. Section 41-22-10 is amended to read:
1359 41-22-10. Powers of division relating to off-highway vehicles.
1360 [
1361 [
1362
1363 other appropriate interests; and
1364 [
1365 federal, state, county, and city agencies in areas of off-highway vehicle use.
1366 [
1367
1368 Section 27. Section 41-22-10.7 is amended to read:
1369 41-22-10.7. Vehicle equipment requirements -- Rulemaking -- Exceptions.
1370 (1) Except as provided under Subsection (3), an off-highway vehicle shall be equipped
1371 with:
1372 (a) brakes adequate to control the movement of and to stop and hold the vehicle under
1373 normal operating conditions;
1374 (b) headlights and taillights when operated between sunset and sunrise;
1375 (c) a noise control device and except for a snowmobile, a spark arrestor device; and
1376 (d) when operated on sand dunes designated by the division, a safety flag that is:
1377 (i) red or orange in color;
1378 (ii) a minimum of six by 12 inches; and
1379 (iii) attached to:
1380 (A) the off-highway vehicle so that the safety flag is at least eight feet above the
1381 surface of level ground; or
1382 (B) the protective headgear of a person operating a motorcycle so that the safety flag is
1383 at least 18 inches above the top of the person's head.
1384 (2) A violation of Subsection (1) is an infraction.
1385 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1386 division may make rules, after [
1387 standards for the equipment and which designate sand dunes where safety flags are required
1388 under Subsection (1).
1389 (4) An off-highway implement of husbandry used only in agricultural operations and
1390 not operated on a highway, is exempt from the provisions of this section.
1391 Section 28. Section 41-22-19 is amended to read:
1392 41-22-19. Deposit of fees and related money in Off-highway Vehicle Account --
1393 Use for facilities, costs and expenses of division, and education -- Request for matching
1394 funds.
1395 (1) Except as provided under Subsections (3) and (4) and Sections 41-22-34 and
1396 41-22-36, [
1397 any agencies designated to act for the Motor Vehicle Division under this chapter shall be
1398 deposited as restricted revenue in the Off-highway Vehicle Account in the General Fund less
1399 the costs of collecting off-highway vehicle registration fees by the Motor Vehicle Division.
1400 The balance of the money may be used by the division [
1401 (a) for the construction, improvement, operation, acquisition, or maintenance of
1402 publicly owned or administered off-highway vehicle facilities, including public access
1403 facilities;
1404 (b) for the mitigation of impacts associated with off-highway vehicle use;
1405 [
1406
1407
1408
1409 [
1410 [
1411 (d) for off-highway vehicle access protection;
1412 (e) to support off-highway vehicle search and rescue activities and programs;
1413 (f) to promote and encourage off-highway vehicle tourism;
1414 (g) for other uses that further the policy set forth in Section 41-22-1;
1415 (h) as grants or matching funds with a federal agency, state agency, political
1416 subdivision of the state, or organized user group for any of the uses described in Subsections
1417 (1)(a) through (g); and
1418 (i) for the administration and enforcement of this chapter.
1419 (2) [
1420 requesting matching funds shall submit plans for proposed off-highway vehicle facilities to the
1421 division for review and approval.
1422 (3) (a) One dollar and 50 cents of each annual registration fee collected under
1423 Subsection 41-22-8(1) and each off-highway vehicle user fee collected under Subsection
1424 41-22-35(2) shall be deposited in the Land Grant Management Fund created under Section
1425 53C-3-101.
1426 (b) The Utah School and Institutional Trust Lands Administration shall use the money
1427 deposited under Subsection (3)(a) for costs associated with off-highway vehicle use of legally
1428 accessible lands within its jurisdiction as follows:
1429 (i) to improve recreational opportunities on trust lands by constructing, improving,
1430 maintaining, or perfecting access for off-highway vehicle trails; and
1431 (ii) to mitigate impacts associated with off-highway vehicle use.
1432 (c) [
1433 exceeding $350,000 at the end of each fiscal year shall be deposited in the Off-highway
1434 Vehicle Account under Subsection (1).
1435 (4) One dollar of each off-highway vehicle registration fee collected under Subsection
1436 41-22-8(1) shall be deposited in the Utah Highway Patrol Aero Bureau Restricted Account
1437 created in Section 53-8-303.
1438 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1439 division, after notifying the commission, shall make rules as necessary to implement this
1440 section.
1441 Section 29. Section 41-22-31 is amended to read:
1442 41-22-31. Division to set standards for safety program -- Safety certificates issued
1443 -- Cooperation with public and private entities -- State immunity from suit.
1444 (1) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1445 the division shall make rules, after [
1446 curriculum standards for a comprehensive off-highway vehicle safety education and training
1447 program and shall implement this program.
1448 (b) The program shall be designed to develop and instill the knowledge, attitudes,
1449 habits, and skills necessary for the safe operation of an off-highway vehicle.
1450 (c) Components of the program shall include the preparation and dissemination of
1451 off-highway vehicle information and safety advice to the public and the training of off-highway
1452 vehicle operators.
1453 (d) Off-highway vehicle safety certificates shall be issued to those who successfully
1454 complete training or pass the knowledge and skills test established under the program.
1455 (2) The division shall cooperate with appropriate private organizations and
1456 associations, private and public corporations, and local government units to implement the
1457 program established under this section.
1458 (3) In addition to the governmental immunity granted in Title 63G, Chapter 7,
1459 Governmental Immunity Act of Utah, the state is immune from suit for any act, or failure to
1460 act, in any capacity relating to the off-highway vehicle safety education and training program.
1461 The state is also not responsible for any insufficiency or inadequacy in the quality of training
1462 provided by this program.
1463 Section 30. Section 41-22-33 is amended to read:
1464 41-22-33. Fees for safety and education program -- Penalty -- Unlawful acts.
1465 (1) A fee set by the division, after [
1466 accordance with Section 63J-1-504 shall be added to the registration fee required to register an
1467 off-highway vehicle under Section 41-22-8 to help fund the off-highway vehicle safety and
1468 education program.
1469 (2) If the division modifies the fee under Subsection (1), the modification shall take
1470 effect on the first day of the calendar quarter after 90 days from the day on which the division
1471 provides the State Tax Commission:
1472 (a) notice from the division stating that the division will modify the fee; and
1473 (b) a copy of the fee modification.
1474 Section 31. Section 41-22-35 is amended to read:
1475 41-22-35. Off-highway vehicle user fee -- Decal -- Agents -- Penalty for fraudulent
1476 issuance of decal -- Deposit and use of fee revenue.
1477 (1) (a) Except as provided in Subsection (1)(b), any person owning or operating a
1478 nonresident off-highway vehicle who operates or gives another person permission to operate
1479 the nonresident off-highway vehicle on any public land, trail, street, or highway in this state
1480 shall:
1481 (i) apply for an off-highway vehicle decal issued exclusively for an off-highway
1482 vehicle owned by a nonresident of the state;
1483 (ii) pay an annual off-highway vehicle user fee; and
1484 (iii) provide evidence that the owner is a nonresident.
1485 (b) The provisions of Subsection (1)(a) do not apply to an off-highway vehicle if the
1486 off-highway vehicle is:
1487 (i) used exclusively as an off-highway implement of husbandry;
1488 (ii) used exclusively for the purposes of a scheduled competitive event sponsored by a
1489 public or private entity or another event sponsored by a governmental entity under rules made
1490 by the division, after [
1491 (iii) owned and operated by a state government agency and the operation of the
1492 off-highway vehicle within the boundaries of the state is within the course and scope of the
1493 duties of the agency; or
1494 (iv) used exclusively for the purpose of an off-highway vehicle manufacturer
1495 sponsored event within the state under rules made by the division.
1496 (2) The off-highway vehicle user fee is $30.
1497 (3) Upon compliance with the provisions of Subsection (1)(a), the nonresident shall:
1498 (a) receive a nonresident off-highway vehicle user decal indicating compliance with the
1499 provisions of Subsection (1)(a); and
1500 (b) display the decal on the off-highway vehicle in accordance with rules made by the
1501 division.
1502 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1503 division, after [
1504 (a) procedures for:
1505 (i) the payment of off-highway vehicle user fees; and
1506 (ii) the display of a decal on an off-highway vehicle as required under Subsection
1507 (3)(b);
1508 (b) acceptable evidence indicating compliance with Subsection (1);
1509 (c) eligibility for scheduled competitive events or other events under Subsection
1510 (1)(b)(ii); and
1511 (d) eligibility for an off-highway vehicle manufacturer sponsored event under
1512 Subsection (1)(b)(iv).
1513 (5) (a) An off-highway vehicle user decal may be issued and the off-highway vehicle
1514 user fee may be collected by the division or agents of the division.
1515 (b) An agent shall retain 10% of all off-highway vehicle user fees collected.
1516 (c) The division may require agents to obtain a bond in a reasonable amount.
1517 (d) On or before the tenth day of each month, each agent shall:
1518 (i) report all sales to the division; and
1519 (ii) submit all off-highway vehicle user fees collected less the remuneration provided in
1520 Subsection (5)(b).
1521 (e) (i) If an agent fails to pay the amount due, the division may assess a penalty of 20%
1522 of the amount due.
1523 (ii) Delinquent payments shall bear interest at the rate of 1% per month.
1524 (iii) If the amount due is not paid because of bad faith or fraud, the division shall assess
1525 a penalty of 100% of the total amount due together with interest.
1526 (f) All fees collected by an agent, except the remuneration provided in Subsection
1527 (5)(b), shall:
1528 (i) be kept separate and apart from the private funds of the agent; and
1529 (ii) belong to the state.
1530 (g) An agent may not issue an off-highway vehicle user decal to any person unless the
1531 person furnishes evidence of compliance with the provisions of Subsection (1)(a).
1532 (h) A violation of any provision of this Subsection (5) is a class B misdemeanor and
1533 may be cause for revocation of the agent authorization.
1534 (6) Revenue generated by off-highway vehicle user fees shall be deposited in the
1535 Off-highway Vehicle Account created in Section 41-22-19.
1536 Section 32. Section 53-2a-1102 is amended to read:
1537 53-2a-1102. Search and Rescue Financial Assistance Program -- Uses --
1538 Rulemaking -- Distribution.
1539 (1) As used in this section:
1540 (a) "Assistance card program" means the Utah Search and Rescue Assistance Card
1541 Program created within this section.
1542 (b) "Card" means the Search and Rescue Assistance Card issued under this section to a
1543 participant.
1544 (c) "Participant" means an individual, family, or group who is registered pursuant to
1545 this section as having a valid card at the time search, rescue, or both are provided.
1546 (d) "Program" means the Search and Rescue Financial Assistance Program created
1547 within this section.
1548 (e) (i) "Reimbursable base expenses" means those reasonable expenses incidental to
1549 search and rescue activities.
1550 (ii) "Reimbursable base expenses" include:
1551 (A) rental for fixed wing aircraft, snowmobiles, boats, and generators;
1552 (B) replacement and upgrade of search and rescue equipment;
1553 (C) training of search and rescue volunteers;
1554 (D) costs of providing life insurance and workers' compensation benefits for volunteer
1555 search and rescue team members under Section 67-20-7.5; and
1556 (E) any other equipment or expenses necessary or appropriate for conducting search
1557 and rescue activities.
1558 (iii) "Reimbursable base expenses" do not include any salary or overtime paid to an
1559 individual on a regular or permanent payroll, including permanent part-time employees of any
1560 agency of the state.
1561 (f) "Rescue" means search services, rescue services, or both search and rescue services.
1562 (2) There is created the Search and Rescue Financial Assistance Program within the
1563 division.
1564 (3) (a) The financial program and the assistance card program shall be funded from the
1565 following revenue sources:
1566 (i) any voluntary contributions to the state received for search and rescue operations;
1567 (ii) money received by the state under Subsection (11) and under Sections 23-19-42,
1568 41-22-34, and 73-18-24;
1569 (iii) money deposited under Subsection 59-12-103(14);
1570 (iv) contributions deposited in accordance with Section 41-1a-230.7; and
1571 (v) appropriations made to the program by the Legislature.
1572 (b) [
1573 and (iv), and 90% of the money described in Subsection (3)(a)(iii), shall be deposited into the
1574 General Fund as a dedicated credit to be used solely for the program.
1575 (c) [
1576 deposited into the General Fund as a dedicated credit to be used solely to promote the
1577 assistance card program.
1578 (d) [
1579 (4) Subject to Subsections (3)(b) and (c), the director shall use the money described in
1580 this section to reimburse counties for all or a portion of each county's reimbursable base
1581 expenses for search and rescue operations, subject to:
1582 (a) the approval of the Search and Rescue Advisory Board as provided in Section
1583 53-2a-1104;
1584 (b) money available in the program; and
1585 (c) rules made under Subsection (7).
1586 (5) Money described in Subsection (3) may not be used to reimburse for any paid
1587 personnel costs or paid man hours spent in emergency response and search and rescue related
1588 activities.
1589 (6) The Legislature finds that these funds are for a general and statewide public
1590 purpose.
1591 (7) The division, with the approval of the Search and Rescue Advisory Board, shall
1592 make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
1593 consistent with this section:
1594 (a) specifying the costs that qualify as reimbursable base expenses;
1595 (b) defining the procedures of counties to submit expenses and be reimbursed;
1596 (c) defining a participant in the assistance card program, including:
1597 (i) individuals; and
1598 (ii) families and organized groups who qualify as participants;
1599 (d) defining the procedure for issuing a card to a participant;
1600 (e) defining excluded expenses that may not be reimbursed under the program,
1601 including medical expenses;
1602 (f) establishing the card renewal cycle for the Utah Search and Rescue Assistance Card
1603 Program;
1604 (g) establishing the frequency of review of the fee schedule;
1605 (h) providing for the administration of the program; and
1606 (i) providing a formula to govern the distribution of available money among the
1607 counties for uncompensated search and rescue expenses based on:
1608 (i) the total qualifying expenses submitted;
1609 (ii) the number of search and rescue incidents per county population;
1610 (iii) the number of victims that reside outside the county; and
1611 (iv) the number of volunteer hours spent in each county in emergency response and
1612 search and rescue related activities per county population.
1613 (8) (a) The division shall, in consultation with the [
1614 Division of Outdoor Recreation, establish the fee schedule of the Utah Search and Rescue
1615 Assistance Card Program under Subsection 63J-1-504(6).
1616 (b) The division shall provide a discount of not less than 10% of the card fee under
1617 Subsection (8)(a) to a person who has paid a fee under Section 23-19-42, 41-22-34, or
1618 73-18-24 during the same calendar year in which the person applies to be a participant in the
1619 assistance card program.
1620 (9) Counties may not bill reimbursable base expenses to an individual for costs
1621 incurred for the rescue of an individual, if the individual is a current participant in the Utah
1622 Search and Rescue Assistance Card Program at the time of rescue, unless:
1623 (a) the rescuing county finds that the participant acted recklessly in creating a situation
1624 resulting in the need for the county to provide rescue services; or
1625 (b) the rescuing county finds that the participant intentionally created a situation
1626 resulting in the need for the county to provide rescue services.
1627 (10) (a) There is created the Utah Search and Rescue Assistance Card Program. The
1628 program is located within the division.
1629 (b) The program may not be [
1630 related expenses, that are not reimbursable base expenses related to the rescue.
1631 (11) (a) To participate in the program, a person shall purchase a search and rescue
1632 assistance card from the division by paying the fee as determined by the division in Subsection
1633 (8).
1634 (b) The money generated by the fees shall be deposited into the General Fund as a
1635 dedicated credit for the Search and Rescue Financial Assistance Program created in this
1636 section.
1637 (c) Participation and payment of fees by a person under Sections 23-19-42, 41-22-34,
1638 and 73-18-24 do not constitute purchase of a card under this section.
1639 (12) The division shall consult with the [
1640 Outdoor Recreation regarding:
1641 (a) administration of the assistance card program; and
1642 (b) outreach and marketing strategies.
1643 (13) Pursuant to Subsection 31A-1-103(7), the Utah Search and Rescue Assistance
1644 Card Program under this section is exempt from being considered insurance as that term is
1645 defined in Section 31A-1-301.
1646 Section 33. Section 57-14-204 is amended to read:
1647 57-14-204. Liability not limited where willful or malicious conduct involved or
1648 admission fee charged.
1649 (1) Nothing in this part limits any liability that otherwise exists for:
1650 (a) willful or malicious failure to guard or warn against a dangerous condition, use,
1651 structure, or activity;
1652 (b) deliberate, willful, or malicious injury to persons or property; or
1653 (c) an injury suffered where the owner of land charges a person to enter or go on the
1654 land or use the land for any recreational purpose.
1655 (2) For purposes of Subsection (1)(c), if the land is leased to the state or a subdivision
1656 of the state, any consideration received by the owner for the lease is not a charge within the
1657 meaning of this section.
1658 (3) Any person who hunts upon a cooperative wildlife management unit, as authorized
1659 by Title 23, Chapter 23, Cooperative Wildlife Management Units, is not considered to have
1660 paid a fee within the meaning of this section.
1661 (4) Owners of a dam or reservoir who allow recreational use of the dam or reservoir
1662 and its surrounding area and do not themselves charge a fee for that use, are considered not to
1663 have charged for that use within the meaning of Subsection (1)(c), even if the user pays a fee to
1664 the Division of State Parks or the Division of Outdoor Recreation for the use of the services
1665 and facilities at that dam or reservoir.
1666 (5) The state or a subdivision of the state that owns property purchased for a railway
1667 corridor is considered not to have charged for use of the railway corridor within the meaning of
1668 Subsection (1)(c), even if the user pays a fee for travel on a privately owned rail car that crosses
1669 or travels over the railway corridor of the state or a subdivision of the state:
1670 (a) allows recreational use of the railway corridor and its surrounding area; and
1671 (b) does not charge a fee for that use.
1672 Section 34. Section 59-2-506 is amended to read:
1673 59-2-506. Rollback tax -- Penalty -- Computation of tax -- Procedure -- Lien --
1674 Interest -- Notice -- Collection -- Distribution.
1675 (1) Except as provided in this section, Section 59-2-506.5, or Section 59-2-511, if land
1676 is withdrawn from this part, the land is subject to a rollback tax imposed in accordance with
1677 this section.
1678 (2) (a) An owner shall notify the county assessor that land is withdrawn from this part
1679 within 120 days after the day on which the land is withdrawn from this part.
1680 (b) An owner that fails to notify the county assessor under Subsection (2)(a) that land is
1681 withdrawn from this part is subject to a penalty equal to the greater of:
1682 (i) $10; or
1683 (ii) 2% of the rollback tax due for the last year of the rollback period.
1684 (3) (a) The county assessor shall determine the amount of the rollback tax by
1685 computing the difference for the rollback period described in Subsection (3)(b) between:
1686 (i) the tax paid while the land was assessed under this part; and
1687 (ii) the tax that would have been paid had the property not been assessed under this
1688 part.
1689 (b) For purposes of this section, the rollback period is a time period that:
1690 (i) begins on the later of:
1691 (A) the date the land is first assessed under this part; or
1692 (B) five years preceding the day on which the county assessor mails the notice required
1693 by Subsection (5); and
1694 (ii) ends the day on which the county assessor mails the notice required by Subsection
1695 (5).
1696 (4) (a) The county treasurer shall:
1697 (i) collect the rollback tax; and
1698 (ii) after the rollback tax is paid, certify to the county recorder that the rollback tax lien
1699 on the property has been satisfied by:
1700 (A) preparing a document that certifies that the rollback tax lien on the property has
1701 been satisfied; and
1702 (B) providing the document described in Subsection (4)(a)(ii)(A) to the county recorder
1703 for recordation.
1704 (b) The county treasurer shall [
1705 the county treasurer received during the preceding month from the rollback tax collected under
1706 this section[
1707 [
1708 [
1709
1710 (c) The state treasurer shall transfer the money received from a county treasurer under
1711 Subsection (4)(b) to the Land Conservation Board created in Section 4-46-201 for use under
1712 the LeRay McAllister Critical Land Conservation Program established in Section 4-46-301.
1713 (5) (a) The county assessor shall mail to an owner of the land that is subject to a
1714 rollback tax a notice that:
1715 (i) the land is withdrawn from this part;
1716 (ii) the land is subject to a rollback tax under this section; and
1717 (iii) the rollback tax is delinquent if the owner of the land does not pay the tax within
1718 30 days after the day on which the county assessor mails the notice described in this Subsection
1719 (5)(a).
1720 (b) (i) The rollback tax is due and payable on the day the county assessor mails the
1721 notice required by Subsection (5)(a).
1722 (ii) Subject to Subsection (7), the rollback tax is delinquent if an owner of the land that
1723 is withdrawn from this part does not pay the rollback tax within 30 days after the day on which
1724 the county assessor mails the notice required by Subsection (5)(a).
1725 (6) (a) Subject to Subsection (6)(b), the following are a lien on the land assessed under
1726 this part:
1727 (i) the rollback tax; and
1728 (ii) interest imposed in accordance with Subsection (7).
1729 (b) The lien described in Subsection (6)(a) shall:
1730 (i) arise upon the imposition of the rollback tax under this section;
1731 (ii) end on the day on which the rollback tax and interest imposed in accordance with
1732 Subsection (7) are paid in full; and
1733 (iii) relate back to the first day of the rollback period described in Subsection (3)(b).
1734 (7) (a) A delinquent rollback tax under this section shall accrue interest:
1735 (i) from the date of delinquency until paid; and
1736 (ii) at the interest rate established under Section 59-2-1331 and in effect on January 1
1737 of the year in which the delinquency occurs.
1738 (b) The county treasurer shall include in the notice required by Section 59-2-1317 a
1739 rollback tax that is delinquent on September 1 of any year and interest calculated on that
1740 delinquent amount through November 30 of the year in which the county treasurer provides the
1741 notice under Section 59-2-1317.
1742 (8) (a) Land that becomes ineligible for assessment under this part only as a result of an
1743 amendment to this part is not subject to the rollback tax if the owner of the land notifies the
1744 county assessor, in accordance with Subsection (2), that the land is withdrawn from this part.
1745 (b) Land described in Subsection (8)(a) that is withdrawn from this part as a result of
1746 an event other than an amendment to this part, whether voluntary or involuntary, is subject to
1747 the rollback tax.
1748 (9) Except as provided in Section 59-2-511, land that becomes exempt from taxation
1749 under Utah Constitution, Article XIII, Section 3, is not subject to the rollback tax if the land
1750 meets the requirements of Section 59-2-503 to be assessed under this part.
1751 (10) Land that becomes ineligible for assessment under this part only as a result of a
1752 split estate mineral rights owner exercising the right to extract a mineral is not subject to the
1753 rollback tax:
1754 (a) (i) for the portion of the land required by a split estate mineral rights owner to
1755 extract a mineral if, after the split estate mineral rights owner exercises the right to extract a
1756 mineral, the portion of the property that remains in agricultural production still meets the
1757 acreage requirements of Section 59-2-503 for assessment under this part; or
1758 (ii) for the entire acreage that would otherwise qualify for assessment under this part if,
1759 after the split estate mineral rights owner exercises the right to extract a mineral, the entire
1760 acreage that would otherwise qualify for assessment under this part no longer meets the acreage
1761 requirements of Section 59-2-503 for assessment under this part only due to the extraction of
1762 the mineral by the split estate mineral rights owner; and
1763 (b) for the period of time that the property described in Subsection (10)(a) is ineligible
1764 for assessment under this part due to the extraction of a mineral by the split estate mineral
1765 rights owner.
1766 Section 35. Section 59-2-511 is amended to read:
1767 59-2-511. Acquisition of land by governmental entity -- Requirements -- Rollback
1768 tax -- One-time in lieu fee payment -- Passage of title.
1769 (1) For purposes of this section, "governmental entity" means:
1770 (a) the United States;
1771 (b) the state;
1772 (c) a political subdivision of the state, including:
1773 (i) a county;
1774 (ii) a city;
1775 (iii) a town;
1776 (iv) a school district;
1777 (v) a local district; or
1778 (vi) a special service district; or
1779 (d) an entity created by the state or the United States, including:
1780 (i) an agency;
1781 (ii) a board;
1782 (iii) a bureau;
1783 (iv) a commission;
1784 (v) a committee;
1785 (vi) a department;
1786 (vii) a division;
1787 (viii) an institution;
1788 (ix) an instrumentality; or
1789 (x) an office.
1790 (2) (a) Except as provided in Subsections (3) and (4), land acquired by a governmental
1791 entity is subject to the rollback tax imposed by this part if:
1792 (i) [
1793 under this part; and
1794 (ii) after the governmental entity acquires the land, the land does not meet the
1795 requirements of Section 59-2-503 for assessment under this part.
1796 (b) A person dedicating a public right-of-way to a governmental entity shall pay the
1797 rollback tax imposed by this part if:
1798 (i) a portion of the public right-of-way is located within a subdivision as defined in
1799 Section 10-9a-103; or
1800 (ii) in exchange for the dedication, the person dedicating the public right-of-way
1801 receives:
1802 (A) money; or
1803 (B) other consideration.
1804 (3) (a) Except as provided in Subsection (4), land acquired by a governmental entity is
1805 not subject to the rollback tax imposed by this part, but is subject to a one-time in lieu fee
1806 payment as provided in Subsection (3)(b), if:
1807 (i) the governmental entity acquires the land by eminent domain;
1808 (ii) (A) the land is under the threat or imminence of eminent domain proceedings; and
1809 (B) the governmental entity provides written notice of the proceedings to the owner; or
1810 (iii) the land is donated to the governmental entity.
1811 (b) (i) If a governmental entity acquires land under Subsection (3)(a)(iii), the
1812 governmental entity shall make a one-time in lieu fee payment:
1813 (A) to the county treasurer of the county in which the land is located; and
1814 (B) in an amount equal to the amount of rollback tax calculated under Section
1815 59-2-506.
1816 (ii) If a governmental entity acquires land under Subsection (3)(a)(i) or (3)(a)(ii), the
1817 governmental entity shall make a one-time in lieu fee payment:
1818 (A) to the county treasurer of the county in which the land is located; and
1819 (B) (I) if the land remaining after the acquisition by the governmental entity meets the
1820 requirements of Section 59-2-503, in an amount equal to the rollback tax under Section
1821 59-2-506 on the land acquired by the governmental entity; or
1822 (II) if the land remaining after the acquisition by the governmental entity is less than
1823 five acres, in an amount equal to the rollback tax under Section 59-2-506 on the land acquired
1824 by the governmental entity and the land remaining after the acquisition by the governmental
1825 entity.
1826 (iii) For purposes of Subsection (3)(b)(ii), "land remaining after the acquisition by the
1827 governmental entity" includes other eligible acreage that is used in conjunction with the land
1828 remaining after the acquisition by the governmental entity.
1829 (c) A county receiving an in lieu fee payment under Subsection (3)(b) shall [
1830 remit monthly to the state treasurer the money that the county treasurer received during the
1831 preceding month from the revenues generated by the payment[
1832 [
1833 [
1834 (d) The state treasurer shall transfer the money received from a county treasurer under
1835 Subsection (3)(c) to the Land Conservation Board created in Section 4-46-201 for use under
1836 the LeRay McAllister Critical Land Conservation Program established in Section 4-46-301.
1837 (4) Except as provided in Section 59-2-506.5, if land acquired by a governmental entity
1838 is made subject to a conservation easement in accordance with Section 59-2-506.5:
1839 (a) the land is not subject to the rollback tax imposed by this part; and
1840 (b) the governmental entity acquiring the land is not required to make an in lieu fee
1841 payment under Subsection (3)(b).
1842 (5) If a governmental entity acquires land subject to assessment under this part, title to
1843 the land may not pass to the governmental entity until the following are paid to the county
1844 treasurer:
1845 (a) any tax due under this part;
1846 (b) any one-time in lieu fee payment due under this part; and
1847 (c) any interest due under this part.
1848 Section 36. Section 59-2-1705 is amended to read:
1849 59-2-1705. Rollback tax -- Penalty -- Computation of tax -- Procedure -- Lien --
1850 Interest -- Notice -- Collection -- Distribution -- Appeal to county board of equalization.
1851 (1) Except as provided in this section or Section 59-2-1710, land that is withdrawn
1852 from this part is subject to a rollback tax imposed as provided in this section.
1853 (2) (a) An owner shall notify the county assessor that land is withdrawn from this part
1854 within 120 days after the day on which the land is withdrawn from this part.
1855 (b) An owner who fails to notify the county assessor under Subsection (2)(a) that land
1856 is withdrawn from this part is subject to a penalty equal to the greater of:
1857 (i) $10; or
1858 (ii) 2% of the rollback tax due for the last year of the rollback period.
1859 (3) (a) The county assessor shall determine the amount of the rollback tax by
1860 computing the difference for the rollback period described in Subsection (3)(b) between:
1861 (i) the tax paid while the land was assessed under this part; and
1862 (ii) the tax that would have been paid had the property not been assessed under this
1863 part.
1864 (b) For purposes of this section, the rollback period is a time period that:
1865 (i) begins on the later of:
1866 (A) the date the land is first assessed under this part; or
1867 (B) five years preceding the day on which the county assessor mails the notice required
1868 by Subsection (5); and
1869 (ii) ends the day on which the county assessor mails the notice required by Subsection
1870 (5).
1871 (4) (a) The county treasurer shall:
1872 (i) collect the rollback tax; and
1873 (ii) after the rollback tax is paid, certify to the county recorder that the rollback tax lien
1874 on the property has been satisfied by:
1875 (A) preparing a document that certifies that the rollback tax lien on the property has
1876 been satisfied; and
1877 (B) providing the document described in Subsection (4)(a)(ii)(A) to the county recorder
1878 for recording.
1879 (b) The county treasurer shall [
1880 the county treasurer received during the preceding month from the rollback tax collected under
1881 this section[
1882 [
1883 [
1884
1885 (c) The state treasurer shall transfer the money received from a county treasurer under
1886 Subsection (4)(b) to the Land Conservation Board created in Section 4-46-201 for use under
1887 the LeRay McAllister Critical Land Conservation Program established in Section 4-46-301.
1888 (5) (a) The county assessor shall mail to an owner of the land that is subject to a
1889 rollback tax a notice that:
1890 (i) the land is withdrawn from this part;
1891 (ii) the land is subject to a rollback tax under this section; and
1892 (iii) the rollback tax is delinquent if the owner of the land does not pay the tax within
1893 30 days after the day on which the county assessor mails the notice described in this Subsection
1894 (5)(a).
1895 (b) (i) The rollback tax is due and payable on the day the county assessor mails the
1896 notice required by Subsection (5)(a).
1897 (ii) Subject to Subsection (7), the rollback tax is delinquent if an owner of the land that
1898 is withdrawn from this part does not pay the rollback tax within 30 days after the day on which
1899 the county assessor mails the notice required by Subsection (5)(a).
1900 (6) (a) Subject to Subsection (6)(b), the rollback tax and interest imposed under
1901 Subsection (7) are a lien on the land assessed under this part.
1902 (b) The lien described in Subsection (6)(a) shall:
1903 (i) arise upon the imposition of the rollback tax under this section;
1904 (ii) end on the day on which the rollback tax and interest imposed under Subsection (7)
1905 are paid in full; and
1906 (iii) relate back to the first day of the rollback period described in Subsection (3)(b).
1907 (7) (a) A delinquent rollback tax under this section shall accrue interest:
1908 (i) from the date of delinquency until paid; and
1909 (ii) at the interest rate established under Section 59-2-1331 and in effect on January 1
1910 of the year in which the delinquency occurs.
1911 (b) The county treasurer shall include in the notice required by Section 59-2-1317 a
1912 rollback tax that is delinquent on September 1 of any year and interest calculated on that
1913 delinquent amount through November 30 of the year in which the county treasurer provides the
1914 notice under Section 59-2-1317.
1915 (8) (a) Land that becomes ineligible for assessment under this part only as a result of an
1916 amendment to this part is not subject to the rollback tax if the owner of the land notifies the
1917 county assessor, in accordance with Subsection (2), that the land is withdrawn from this part.
1918 (b) Land described in Subsection (8)(a) that is withdrawn from this part as a result of
1919 an event other than an amendment to this part, whether voluntary or involuntary, is subject to
1920 the rollback tax.
1921 (9) Except as provided in Section 59-2-1710, land that becomes exempt from taxation
1922 under Utah Constitution, Article XIII, Section 3, is not subject to the rollback tax if the land
1923 meets the requirements of Section 59-2-1703 to be assessed under this part.
1924 Section 37. Section 59-2-1710 is amended to read:
1925 59-2-1710. Acquisition of land by governmental entity -- Requirements --
1926 Rollback tax -- One-time in lieu fee payment -- Passage of title.
1927 (1) For purposes of this section, "governmental entity" means:
1928 (a) the United States;
1929 (b) the state;
1930 (c) a political subdivision of the state, including a county, city, town, school district,
1931 local district, or special service district; or
1932 (d) an entity created by the state or the United States, including an agency, board,
1933 bureau, commission, committee, department, division, institution, instrumentality, or office.
1934 (2) (a) Except as provided in Subsections (3) and (4), land acquired by a governmental
1935 entity is subject to the rollback tax imposed by this part if:
1936 (i) before the governmental entity acquires the land, the land is assessed under this
1937 part; and
1938 (ii) after the governmental entity acquires the land, the land does not meet the
1939 requirements of Section 59-2-1703 for assessment under this part.
1940 (b) A person dedicating a public right-of-way to a governmental entity shall pay the
1941 rollback tax imposed by this part if:
1942 (i) a portion of the public right-of-way is located within a subdivision as defined in
1943 Section 10-9a-103; or
1944 (ii) in exchange for the dedication, the person dedicating the public right-of-way
1945 receives money or other consideration.
1946 (3) (a) Land acquired by a governmental entity is not subject to the rollback tax
1947 imposed by this part, but is subject to a one-time in lieu fee payment as provided in Subsection
1948 (3)(b), if:
1949 (i) the governmental entity acquires the land by eminent domain;
1950 (ii) (A) the land is under the threat or imminence of eminent domain proceedings; and
1951 (B) the governmental entity provides written notice of the proceedings to the owner; or
1952 (iii) the land is donated to the governmental entity.
1953 (b) (i) If a governmental entity acquires land under Subsection (3)(a)(iii), the
1954 governmental entity shall make a one-time in lieu fee payment:
1955 (A) to the county treasurer of the county in which the land is located; and
1956 (B) in an amount equal to the amount of rollback tax calculated under Section
1957 59-2-1705.
1958 (ii) A governmental entity that acquires land under Subsection (3)(a)(i) or (ii) shall
1959 make a one-time in lieu fee payment to the county treasurer of the county in which the land is
1960 located:
1961 (A) if the land remaining after the acquisition by the governmental entity meets the
1962 requirements of Section 59-2-1703, in an amount equal to the rollback tax under Section
1963 59-2-1705 on the land acquired by the governmental entity; or
1964 (B) if the land remaining after the acquisition by the governmental entity is less than
1965 two acres, in an amount equal to the rollback tax under Section 59-2-1705 on the land acquired
1966 by the governmental entity and the land remaining after the acquisition by the governmental
1967 entity.
1968 (c) A county receiving an in lieu fee payment under Subsection (3)(b) shall [
1969 remit monthly to the state treasurer the money that the county treasurer received during the
1970 preceding month from the revenues collected from the payment[
1971 [
1972 [
1973 (d) The state treasurer shall transfer the money received from a county treasurer under
1974 Subsection (3)(c) to the Land Conservation Board created in Section 4-46-201 for use under
1975 the LeRay McAllister Critical Land Conservation Program established in Section 4-46-301.
1976 (4) If a governmental entity acquires land subject to assessment under this part, title to
1977 the land may not pass to the governmental entity until any tax, one-time in lieu fee payment,
1978 and applicable interest due under this part are paid to the county treasurer.
1979 Section 38. Section 59-13-201 is amended to read:
1980 59-13-201. Rate -- Tax basis -- Exemptions -- Revenue deposited into the
1981 Transportation Fund -- Restricted account for boating uses -- Refunds -- Reduction of tax
1982 in limited circumstances.
1983 (1) (a) Subject to the provisions of this section and except as provided in Subsection
1984 (1)(e), a tax is imposed at the rate of 16.5% of the statewide average rack price of a gallon of
1985 motor fuel per gallon upon all motor fuel that is sold, used, or received for sale or used in this
1986 state.
1987 (b) (i) Until December 31, 2018, and subject to the requirements under Subsection
1988 (1)(c), the statewide average rack price of a gallon of motor fuel under Subsection (1)(a) shall
1989 be determined by calculating the previous fiscal year statewide average rack price of a gallon of
1990 regular unleaded motor fuel, excluding federal and state excise taxes, for the 12 months ending
1991 on the previous June 30 as published by an oil pricing service.
1992 (ii) Beginning on January 1, 2019, and subject to the requirements under Subsection
1993 (1)(c), the statewide average rack price of a gallon of motor fuel under Subsection (1)(a) shall
1994 be determined by calculating the previous three fiscal years statewide average rack price of a
1995 gallon of regular unleaded motor fuel, excluding federal and state excise taxes, for the 36
1996 months ending on the previous June 30 as published by an oil pricing service.
1997 (c) (i) Subject to the requirement in Subsection (1)(c)(ii), the statewide average rack
1998 price of a gallon of motor fuel determined under Subsection (1)(b) may not be less than $1.78
1999 per gallon.
2000 (ii) Beginning on January 1, 2019, the commission shall, on January 1, annually adjust
2001 the minimum statewide average rack price of a gallon of motor fuel described in Subsection
2002 (1)(c)(i) by taking the minimum statewide average rack price of a gallon of motor fuel for the
2003 previous calendar year and adding an amount equal to the greater of:
2004 (A) an amount calculated by multiplying the minimum statewide average rack price of
2005 a gallon of motor fuel for the previous calendar year by the actual percent change during the
2006 previous fiscal year in the Consumer Price Index; and
2007 (B) 0.
2008 (iii) The statewide average rack price of a gallon of motor fuel determined by the
2009 commission under Subsection (1)(b) may not exceed $2.43 per gallon.
2010 (iv) The minimum statewide average rack price of a gallon of motor fuel described and
2011 adjusted under Subsections (1)(c)(i) and (ii) may not exceed the maximum statewide average
2012 rack price of a gallon of motor fuel under Subsection (1)(c)(iii).
2013 (d) (i) The commission shall annually:
2014 (A) determine the statewide average rack price of a gallon of motor fuel in accordance
2015 with Subsections (1)(b) and (c);
2016 (B) adjust the fuel tax rate imposed under Subsection (1)(a), rounded to the nearest
2017 one-tenth of a cent, based on the determination under Subsection (1)(b);
2018 (C) publish the adjusted fuel tax as a cents per gallon rate; and
2019 (D) post or otherwise make public the adjusted fuel tax rate as determined in
2020 Subsection (1)(d)(i)(B) no later than 60 days [
2021 Subsection (1)(d)(ii).
2022 (ii) The tax rate imposed under this Subsection (1) and adjusted as required under
2023 Subsection (1)(d)(i) shall take effect on January 1 of each year.
2024 (e) In lieu of the tax imposed under Subsection (1)(a) and subject to the provisions of
2025 this section, a tax is imposed at the rate of 3/19 of the rate imposed under Subsection (1)(a),
2026 rounded up to the nearest penny, upon all motor fuels that meet the definition of clean fuel in
2027 Section 59-13-102 and are sold, used, or received for sale or use in this state.
2028 (2) Any increase or decrease in tax rate applies to motor fuel that is imported to the
2029 state or sold at refineries in the state on or after the effective date of the rate change.
2030 (3) (a) No motor fuel tax is imposed upon:
2031 (i) motor fuel that is brought into and sold in this state in original packages as purely
2032 interstate commerce sales;
2033 (ii) motor fuel that is exported from this state if proof of actual exportation on forms
2034 prescribed by the commission is made within 180 days after exportation;
2035 (iii) motor fuel or components of motor fuel that is sold and used in this state and
2036 distilled from coal, oil shale, rock asphalt, bituminous sand, or solid hydrocarbons located in
2037 this state; or
2038 (iv) motor fuel that is sold to the United States government, this state, or the political
2039 subdivisions of this state.
2040 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2041 commission shall make rules governing the procedures for administering the tax exemption
2042 provided under Subsection (3)(a)(iv).
2043 (4) The commission may either collect no tax on motor fuel exported from the state or,
2044 upon application, refund the tax paid.
2045 (5) (a) All revenue received by the commission under this part shall be deposited daily
2046 with the state treasurer and credited to the Transportation Fund.
2047 (b) An appropriation from the Transportation Fund shall be made to the commission to
2048 cover expenses incurred in the administration and enforcement of this part and the collection of
2049 the motor fuel tax.
2050 (6) (a) The commission shall determine what amount of motor fuel tax revenue is
2051 received from the sale or use of motor fuel used in motorboats registered under [
2052
2053 restricted revenue account in the General Fund of the state.
2054 (b) The funds from this account shall be used for the construction, improvement,
2055 operation, and maintenance of state-owned boating facilities and for the payment of the costs
2056 and expenses of the Division of Outdoor Recreation in administering and enforcing [
2057 73, Chapter 18, State Boating Act.
2058 (7) (a) The United States government or any of its instrumentalities, this state, or a
2059 political subdivision of this state that has purchased motor fuel from a licensed distributor or
2060 from a retail dealer of motor fuel and has paid the tax on the motor fuel as provided in this
2061 section is entitled to a refund of the tax and may file with the commission for a quarterly
2062 refund.
2063 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2064 commission shall make rules governing the application and refund provided for in Subsection
2065 (7)(a).
2066 (8) (a) The commission shall refund annually into the [
2067 Vehicle Account in the General Fund an amount equal to .5% of the motor fuel tax revenues
2068 collected under this section.
2069 (b) This amount shall be used as provided in Section 41-22-19.
2070 (9) (a) Beginning on April 1, 2001, a tax imposed under this section on motor fuel that
2071 is sold, used, or received for sale or use in this state is reduced to the extent provided in
2072 Subsection (9)(b) if:
2073 (i) a tax imposed on the basis of the sale, use, or receipt for sale or use of the motor
2074 fuel is paid to the Navajo Nation;
2075 (ii) the tax described in Subsection (9)(a)(i) is imposed without regard to whether or
2076 not the person required to pay the tax is an enrolled member of the Navajo Nation; and
2077 (iii) the commission and the Navajo Nation execute and maintain an agreement as
2078 provided in this Subsection (9) for the administration of the reduction of tax.
2079 (b) (i) If but for Subsection (9)(a) the motor fuel is subject to a tax imposed by this
2080 section:
2081 (A) the state shall be paid the difference described in Subsection (9)(b)(ii) if that
2082 difference is greater than $0; and
2083 (B) a person may not require the state to provide a refund, a credit, or similar tax relief
2084 if the difference described in Subsection (9)(b)(ii) is less than or equal to $0.
2085 (ii) The difference described in Subsection (9)(b)(i) is equal to the difference between:
2086 (A) the amount of tax imposed on the motor fuel by this section; less
2087 (B) the tax imposed and collected by the Navajo Nation on the motor fuel.
2088 (c) For purposes of Subsections (9)(a) and (b), the tax paid to the Navajo Nation under
2089 a tax imposed by the Navajo Nation on the basis of the sale, use, or receipt for sale or use of
2090 motor fuel does not include any interest or penalties a taxpayer may be required to pay to the
2091 Navajo Nation.
2092 (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2093 commission shall make rules governing the procedures for administering the reduction of tax
2094 provided under this Subsection (9).
2095 (e) The agreement required under Subsection (9)(a):
2096 (i) may not:
2097 (A) authorize the state to impose a tax in addition to a tax imposed under this chapter;
2098 (B) provide a reduction of taxes greater than or different from the reduction described
2099 in this Subsection (9); or
2100 (C) affect the power of the state to establish rates of taxation;
2101 (ii) shall:
2102 (A) be in writing;
2103 (B) be signed by:
2104 (I) the chair of the commission or the chair's designee; and
2105 (II) a person designated by the Navajo Nation that may bind the Navajo Nation;
2106 (C) be conditioned on obtaining any approval required by federal law;
2107 (D) state the effective date of the agreement; and
2108 (E) state any accommodation the Navajo Nation makes related to the construction and
2109 maintenance of state highways and other infrastructure within the Utah portion of the Navajo
2110 Nation; and
2111 (iii) may:
2112 (A) notwithstanding Section 59-1-403, authorize the commission to disclose to the
2113 Navajo Nation information that is:
2114 (I) contained in a document filed with the commission; and
2115 (II) related to the tax imposed under this section;
2116 (B) provide for maintaining records by the commission or the Navajo Nation; or
2117 (C) provide for inspections or audits of distributors, carriers, or retailers located or
2118 doing business within the Utah portion of the Navajo Nation.
2119 (f) (i) If, on or after April 1, 2001, the Navajo Nation changes the tax rate of a tax
2120 imposed on motor fuel, any change in the reduction of taxes under this Subsection (9) as a
2121 result of the change in the tax rate is not effective until the first day of the calendar quarter after
2122 a 60-day period beginning on the date the commission receives notice:
2123 (A) from the Navajo Nation; and
2124 (B) meeting the requirements of Subsection (9)(f)(ii).
2125 (ii) The notice described in Subsection (9)(f)(i) shall state:
2126 (A) that the Navajo Nation has changed or will change the tax rate of a tax imposed on
2127 motor fuel;
2128 (B) the effective date of the rate change of the tax described in Subsection (9)(f)(ii)(A);
2129 and
2130 (C) the new rate of the tax described in Subsection (9)(f)(ii)(A).
2131 (g) If the agreement required by Subsection (9)(a) terminates, a reduction of tax is not
2132 permitted under this Subsection (9) beginning on the first day of the calendar quarter after a
2133 30-day period beginning on the day the agreement terminates.
2134 (h) If there is a conflict between this Subsection (9) and the agreement required by
2135 Subsection (9)(a), this Subsection (9) governs.
2136 Section 39. Section 59-21-2 is amended to read:
2137 59-21-2. Mineral Bonus Account created -- Contents -- Use of Mineral Bonus
2138 Account money -- Mineral Lease Account created -- Contents -- Appropriation of money
2139 from Mineral Lease Account.
2140 (1) (a) There is created a restricted account within the General Fund known as the
2141 "Mineral Bonus Account."
2142 (b) The Mineral Bonus Account consists of federal mineral lease bonus payments
2143 deposited pursuant to Subsection 59-21-1(3).
2144 (c) The Legislature shall make appropriations from the Mineral Bonus Account in
2145 accordance with Section 35 of the Mineral Lands Leasing Act of 1920, 30 U.S.C. Sec. 191.
2146 (d) The state treasurer shall:
2147 (i) invest the money in the Mineral Bonus Account by following the procedures and
2148 requirements of Title 51, Chapter 7, State Money Management Act; and
2149 (ii) deposit all interest or other earnings derived from the account into the Mineral
2150 Bonus Account.
2151 (e) The Division of Finance shall, beginning on July 1, 2017, annually deposit 30% of
2152 mineral lease bonus payments deposited under Subsection (1)(b) from the previous fiscal year
2153 into the Wildland Fire Suppression Fund created in Section 65A-8-204, up to $2,000,000 but
2154 not to exceed 20% of the amount expended in the previous fiscal year from the Wildland Fire
2155 Suppression Fund.
2156 (2) (a) There is created a restricted account within the General Fund known as the
2157 "Mineral Lease Account."
2158 (b) The Mineral Lease Account consists of federal mineral lease money deposited
2159 pursuant to Subsection 59-21-1(1).
2160 (c) The Legislature shall make appropriations from the Mineral Lease Account as
2161 provided in Subsection 59-21-1(1) and this Subsection (2).
2162 (d) (i) Except as provided in Subsections (2)(d)(ii) and (iii), the Legislature shall
2163 annually appropriate 32.5% of all deposits made to the Mineral Lease Account to the
2164 Permanent Community Impact Fund established by Section 35A-8-303.
2165 (ii) For fiscal year 2016-17 only and from the amount required to be deposited under
2166 Subsection (2)(d)(i), the Legislature shall appropriate $26,000,000 of the deposits made to the
2167 Mineral Lease Account to the Impacted Communities Transportation Development Restricted
2168 Account established by Section 72-2-128.
2169 (iii) For fiscal year 2017-18 only and from the amount required to be deposited under
2170 Subsection (2)(d)(i), the Legislature shall appropriate $27,000,000 of the deposits made to the
2171 Mineral Lease Account to the Impacted Communities Transportation Development Restricted
2172 Account established by Section 72-2-128.
2173 (e) The Legislature shall annually appropriate 2.25% of all deposits made to the
2174 Mineral Lease Account to the State Board of Education, to be used for education research and
2175 experimentation in the use of staff and facilities designed to improve the quality of education in
2176 Utah.
2177 (f) The Legislature shall annually appropriate 2.25% of all deposits made to the
2178 Mineral Lease Account to the Utah Geological Survey, to be used for activities carried on by
2179 the survey having as a purpose the development and exploitation of natural resources in the
2180 state.
2181 (g) The Legislature shall annually appropriate 2.25% of all deposits made to the
2182 Mineral Lease Account to the Water Research Laboratory at Utah State University, to be used
2183 for activities carried on by the laboratory having as a purpose the development and exploitation
2184 of water resources in the state.
2185 (h) (i) The Legislature shall annually appropriate to the Division of Finance 40% of all
2186 deposits made to the Mineral Lease Account to be distributed as provided in Subsection
2187 (2)(h)(ii) to:
2188 (A) counties;
2189 (B) special service districts established:
2190 (I) by counties;
2191 (II) under Title 17D, Chapter 1, Special Service District Act; and
2192 (III) for the purpose of constructing, repairing, or maintaining roads; or
2193 (C) special service districts established:
2194 (I) by counties;
2195 (II) under Title 17D, Chapter 1, Special Service District Act; and
2196 (III) for other purposes authorized by statute.
2197 (ii) The Division of Finance shall allocate the funds specified in Subsection (2)(h)(i):
2198 (A) in amounts proportionate to the amount of mineral lease money generated by each
2199 county; and
2200 (B) to a county or special service district established by a county under Title 17D,
2201 Chapter 1, Special Service District Act, as determined by the county legislative body.
2202 (i) (i) The Legislature shall annually appropriate 5% of all deposits made to the
2203 Mineral Lease Account to the Department of Workforce Services to be distributed to:
2204 (A) special service districts established:
2205 (I) by counties;
2206 (II) under Title 17D, Chapter 1, Special Service District Act; and
2207 (III) for the purpose of constructing, repairing, or maintaining roads; or
2208 (B) special service districts established:
2209 (I) by counties;
2210 (II) under Title 17D, Chapter 1, Special Service District Act; and
2211 (III) for other purposes authorized by statute.
2212 (ii) The Department of Workforce Services may distribute the amounts described in
2213 Subsection (2)(i)(i) only to special service districts established under Title 17D, Chapter 1,
2214 Special Service District Act, by counties:
2215 (A) of the third, fourth, fifth, or sixth class;
2216 (B) in which 4.5% or less of the mineral lease money within the state is generated; and
2217 (C) that are significantly socially or economically impacted as provided in Subsection
2218 (2)(i)(iii) by the development of minerals under the Mineral Lands Leasing Act, 30 U.S.C. Sec.
2219 181 et seq.
2220 (iii) The significant social or economic impact required under Subsection (2)(i)(ii)(C)
2221 shall be as a result of:
2222 (A) the transportation within the county of hydrocarbons, including solid hydrocarbons
2223 as defined in Section 59-5-101;
2224 (B) the employment of persons residing within the county in hydrocarbon extraction,
2225 including the extraction of solid hydrocarbons as defined in Section 59-5-101; or
2226 (C) a combination of Subsections (2)(i)(iii)(A) and (B).
2227 (iv) For purposes of distributing the appropriations under this Subsection (2)(i) to
2228 special service districts established by counties under Title 17D, Chapter 1, Special Service
2229 District Act, the Department of Workforce Services shall:
2230 (A) (I) allocate 50% of the appropriations equally among the counties meeting the
2231 requirements of Subsections (2)(i)(ii) and (iii); and
2232 (II) allocate 50% of the appropriations based on the ratio that the population of each
2233 county meeting the requirements of Subsections (2)(i)(ii) and (iii) bears to the total population
2234 of all of the counties meeting the requirements of Subsections (2)(i)(ii) and (iii); and
2235 (B) after making the allocations described in Subsection (2)(i)(iv)(A), distribute the
2236 allocated revenues to special service districts established by the counties under Title 17D,
2237 Chapter 1, Special Service District Act, as determined by the executive director of the
2238 Department of Workforce Services after consulting with the county legislative bodies of the
2239 counties meeting the requirements of Subsections (2)(i)(ii) and (iii).
2240 (v) The executive director of the Department of Workforce Services:
2241 (A) shall determine whether a county meets the requirements of Subsections (2)(i)(ii)
2242 and (iii);
2243 (B) shall distribute the appropriations under Subsection (2)(i)(i) to special service
2244 districts established by counties under Title 17D, Chapter 1, Special Service District Act, that
2245 meet the requirements of Subsections (2)(i)(ii) and (iii); and
2246 (C) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
2247 may make rules:
2248 (I) providing a procedure for making the distributions under this Subsection (2)(i) to
2249 special service districts; and
2250 (II) defining the term "population" for purposes of Subsection (2)(i)(iv).
2251 (j) (i) The Legislature shall annually make the following appropriations from the
2252 Mineral Lease Account:
2253 (A) an amount equal to 52 cents multiplied by the number of acres of school or
2254 institutional trust lands, lands owned by the Division of State Parks or the Division of Outdoor
2255 Recreation, and lands owned by the Division of Wildlife Resources that are not under an in lieu
2256 of taxes contract, to each county in which those lands are located;
2257 (B) to each county in which school or institutional trust lands are transferred to the
2258 federal government after December 31, 1992, an amount equal to the number of transferred
2259 acres in the county multiplied by a payment per acre equal to the difference between 52 cents
2260 per acre and the per acre payment made to that county in the most recent payment under the
2261 federal payment in lieu of taxes program, 31 U.S.C. Sec. 6901 et seq., unless the federal
2262 payment was equal to or exceeded the 52 cents per acre, in which case a payment under this
2263 Subsection (2)(j)(i)(B) may not be made for the transferred lands;
2264 (C) to each county in which federal lands, which are entitlement lands under the federal
2265 in lieu of taxes program, are transferred to the school or institutional trust, an amount equal to
2266 the number of transferred acres in the county multiplied by a payment per acre equal to the
2267 difference between the most recent per acre payment made under the federal payment in lieu of
2268 taxes program and 52 cents per acre, unless the federal payment was equal to or less than 52
2269 cents per acre, in which case a payment under this Subsection (2)(j)(i)(C) may not be made for
2270 the transferred land; and
2271 (D) to a county of the fifth or sixth class, an amount equal to the product of:
2272 (I) $1,000; and
2273 (II) the number of residences described in Subsection (2)(j)(iv) that are located within
2274 the county.
2275 (ii) A county receiving money under Subsection (2)(j)(i) may, as determined by the
2276 county legislative body, distribute the money or a portion of the money to:
2277 (A) special service districts established by the county under Title 17D, Chapter 1,
2278 Special Service District Act;
2279 (B) school districts; or
2280 (C) public institutions of higher education.
2281 (iii) (A) Beginning in fiscal year 1994-95 and in each year after fiscal year 1994-95, the
2282 Division of Finance shall increase or decrease the amounts per acre provided for in Subsections
2283 (2)(j)(i)(A) through (C) by the average annual change in the Consumer Price Index for all urban
2284 consumers published by the Department of Labor.
2285 (B) For fiscal years beginning on or after fiscal year 2001-02, the Division of Finance
2286 shall increase or decrease the amount described in Subsection (2)(j)(i)(D)(I) by the average
2287 annual change in the Consumer Price Index for all urban consumers published by the
2288 Department of Labor.
2289 (iv) Residences for purposes of Subsection (2)(j)(i)(D)(II) are residences that are:
2290 (A) owned by:
2291 (I) the Division of State Parks [
2292 (II) the Division of Outdoor Recreation; or
2293 [
2294 (B) located on lands that are owned by:
2295 (I) the Division of State Parks [
2296 (II) the Division of Outdoor Recreation; or
2297 [
2298 (C) are not subject to taxation under:
2299 (I) Chapter 2, Property Tax Act; or
2300 (II) Chapter 4, Privilege Tax.
2301 (k) The Legislature shall annually appropriate to the Permanent Community Impact
2302 Fund all deposits remaining in the Mineral Lease Account after making the appropriations
2303 provided for in Subsections (2)(d) through (j).
2304 (3) (a) Each agency, board, institution of higher education, and political subdivision
2305 receiving money under this chapter shall provide the Legislature, through the Office of the
2306 Legislative Fiscal Analyst, with a complete accounting of the use of that money on an annual
2307 basis.
2308 (b) The accounting required under Subsection (3)(a) shall:
2309 (i) include actual expenditures for the prior fiscal year, budgeted expenditures for the
2310 current fiscal year, and planned expenditures for the following fiscal year; and
2311 (ii) be reviewed by the Business, Economic Development, and Labor Appropriations
2312 Subcommittee as part of its normal budgetary process under Title 63J, Chapter 1, Budgetary
2313 Procedures Act.
2314 Section 40. Section 59-28-103 is amended to read:
2315 59-28-103. Imposition -- Rate -- Revenue distribution.
2316 (1) Subject to the other provisions of this chapter, the state shall impose a tax on the
2317 transactions described in Subsection 59-12-103(1)(i) at a rate of .32%.
2318 (2) The tax imposed under this chapter is in addition to any other taxes imposed on the
2319 transactions described in Subsection 59-12-103(1)(i).
2320 (3) (a) (i) Subject to Subsection (3)(a)(ii), the commission shall deposit 6% of the
2321 revenue the state collects from the tax under this chapter into the Hospitality and Tourism
2322 Management Education Account created in Section 53F-9-501 to fund the Hospitality and
2323 Tourism Management Career and Technical Education Pilot Program created in Section
2324 53E-3-515.
2325 (ii) The commission may not deposit more than $300,000 into the Hospitality and
2326 Tourism Management Education Account under Subsection (3)(a)(i) in a fiscal year.
2327 (b) Except for the amount deposited into the Hospitality and Tourism Management
2328 Education Account under Subsection (3)(a) and the administrative charge retained under
2329 Subsection 59-28-104(4), the commission shall deposit any revenue the state collects from the
2330 tax under this chapter into the Outdoor Recreation Infrastructure Account created in Section
2331 79-8-106 to fund the Outdoor Recreational Infrastructure Grant Program created in Section
2332 [
2333 Section 79-8-202.
2334 Section 41. Section 63C-21-201 is amended to read:
2335 63C-21-201. Outdoor Adventure Commission created.
2336 (1) There is created the Outdoor Adventure Commission consisting of the following
2337 [
2338 (a) one member of the Senate, appointed by the president of the Senate;
2339 (b) one member of the House of Representatives, appointed by the speaker of the
2340 House of Representatives;
2341 [
2342 [
2343 director's designee;
2344 [
2345 [
2346 director's designee;
2347 [
2348 within the Division of Outdoor Recreation;
2349 [
2350 of the Senate and the speaker of the House of Representatives;
2351 [
2352 jointly by the president of the Senate and the speaker of the House of Representatives;
2353 [
2354 Utah League of Cities and Towns;
2355 [
2356 Association of Counties;
2357 [
2358 the Utah Association of Counties;
2359 [
2360 the Senate and the speaker of the House of Representatives;
2361 [
2362 president of the Senate and the speaker of the House of Representatives; and
2363 [
2364 Recreation.
2365 (2) The commission shall annually select one of [
2366 the chair of the commission.
2367 (3) (a) If a vacancy occurs in the membership of the commission appointed under
2368 Subsection (1)(a) or (b), or Subsections [
2369 shall be replaced in the same manner in which the original appointment was made.
2370 (b) A member appointed under Subsections [
2371 shall serve a term of four years and until the member's successor is appointed and qualified.
2372 (c) Notwithstanding the requirements of Subsection (3)(b), for members appointed
2373 under Subsections[
2374 appointment or reappointment, adjust the length of terms to ensure that the terms of
2375 commission members are staggered so that approximately half of the commission members
2376 appointed under Subsections [
2377 years.
2378 (d) An individual may be appointed to more than one term.
2379 (4) (a) Eight commission members constitutes a quorum.
2380 (b) The action of a majority of a quorum constitutes an action of the commission.
2381 (5) (a) The salary and expenses of a commission member who is a legislator shall be
2382 paid in accordance with Section 36-2-2, Legislative Joint Rules, Title 5, Chapter 2, Lodging,
2383 Meal, and Transportation Expenses, and Legislative Joint Rules, Title 5, Chapter 3, Legislator
2384 Compensation.
2385 (b) A commission member who is not a legislator may not receive compensation or
2386 benefits for the member's service on the commission, but may receive per diem and
2387 reimbursement for travel expenses incurred as a commission member at the rates established by
2388 the Division of Finance under:
2389 (i) Sections 63A-3-106 and 63A-3-107; and
2390 (ii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2391 63A-3-107.
2392 (6) The Department of Transportation shall serve as a technical advisor to the
2393 commission.
2394 (7) The Division of Outdoor Recreation, created in Section 79-7-201, shall provide
2395 staff support to the commission.
2396 Section 42. Section 63C-21-202 is amended to read:
2397 63C-21-202. Strategic plan -- Commission powers and duties -- Consultant --
2398 Reports.
2399 (1) (a) The commission shall gather information on recreation assets from state and
2400 local agencies and other sources and develop a strategic plan aimed at meeting the future needs
2401 of outdoor recreation within the state to enhance the quality of life of Utah residents. Asset lists
2402 received from state and local agencies shall include:
2403 (i) common data points, to be established by the [
2404 Division of Outdoor Recreation that can be uniformly compared with other recreation assets
2405 within the state, such as asset type, size, unique characteristics, vegetation, land ownership, and
2406 similar items;
2407 (ii) any specific needs, challenges, or limitations on recreation use of the assets; and
2408 (iii) a ranking of potential enhancements to the assets related to recreation use.
2409 (b) The strategic plan shall address:
2410 (i) outdoor recreation as a major contributor to residents' quality of life;
2411 (ii) the needs and impacts of residents who engage in outdoor recreation;
2412 (iii) the impact on local communities related to outdoor recreation, including the costs
2413 associated with emergency services and infrastructure;
2414 (iv) outdoor recreation as a means to retain and attract an exceptional workforce to
2415 provide for a sustainable economy;
2416 (v) impacts to the environment, wildlife, and natural resources and measures to
2417 preserve the natural beauty of the state as more people engage in outdoor recreation;
2418 (vi) identify opportunities for sustainable revenue sources to provide for maintenance
2419 and future needs;
2420 (vii) the interface with public lands that are federally managed and private lands; and
2421 (viii) other items determined by the commission.
2422 (2) The commission shall:
2423 (a) engage one or more consultants to:
2424 (i) manage the strategic planning process in accordance with Subsection (3); and
2425 (ii) conduct analytical work in accordance with Subsection (3);
2426 (b) guide the analytical work of a consultant described in Subsection (2)(a) and review
2427 the results of the work;
2428 (c) coordinate with a consultant described in Subsection (2)(a) to engage in a process
2429 and create a strategic plan;
2430 (d) conduct regional meetings to gather stakeholder input during the strategic planning
2431 process;
2432 (e) seek input from federal entities including the United States Department of the
2433 Interior, the United States Department of Agriculture, and Utah's congressional delegation; and
2434 (f) produce a final report including a strategic plan and any recommendations.
2435 (3) The commission, by contract with a consultant engaged under Subsection (2)(a),
2436 shall direct the consultant to:
2437 (a) conduct an inventory of existing outdoor recreation resources, programs, and
2438 information;
2439 (b) conduct an analysis of what is needed to develop and implement an effective
2440 outdoor recreation strategy aimed at enhancing the quality of life of Utah residents;
2441 (c) collect and analyze data related to the future projected conditions of the outdoor
2442 recreation resources, programs, and information, including the affordability and financing of
2443 outdoor recreation;
2444 (d) develop alternatives to the projection described in Subsection (3)(c) by modeling
2445 potential changes to the outdoor recreation industry and economic growth;
2446 (e) in coordination with the commission, engage in extensive local stakeholder
2447 involvement to better understand the needs of, concerns of, and opportunities for different
2448 communities and outdoor recreation user types;
2449 (f) recommend accountability or performance measures to assess the effectiveness of
2450 the outdoor recreation system;
2451 (g) based on the data described in this Subsection (3), make comparisons between
2452 outdoor recreation in Utah and outdoor recreation in other states or countries;
2453 (h) in coordination with the commission, conduct the regional meetings described in
2454 Subsection (2)(d) to share information and seek input from a range of stakeholders;
2455 (i) recommend changes to the governance system for outdoor recreation that would
2456 facilitate implementation of the strategic plan;
2457 (j) engage in any other data collection or analysis requested by the commission; and
2458 (k) produce for the commission:
2459 (i) a draft report of findings, observations, and strategic priorities, including:
2460 (A) a statewide vision and strategy for outdoor recreation;
2461 (B) a strategy for how to meaningfully engage stakeholders throughout the state;
2462 (C) funding needs related to outdoor recreation; and
2463 (D) recommendations for the steps the state should take to implement a statewide
2464 vision and strategy for outdoor recreation; and
2465 (ii) a final report, incorporating feedback from the commission on the draft report
2466 described in Subsection (3)(k)(i), regarding the future of the outdoor recreation in the state.
2467 [
2468
2469 Section 43. Section 63I-1-241 is amended to read:
2470 63I-1-241. Repeal dates, Title 41.
2471 (1) Subsection 41-1a-1201(9), related to the Spinal Cord and Brain Injury
2472 Rehabilitation Fund, is repealed January 1, 2025.
2473 (2) Section 41-3-106, which creates an advisory board related to motor vehicle
2474 business regulation, is repealed July 1, 2024.
2475 (3) The following subsections addressing lane filtering are repealed on July 1, 2022:
2476 (a) Subsection 41-6a-102(30) that defines "lane filtering";
2477 (b) Subsection 41-6a-704(5); and
2478 (c) Subsection 41-6a-710(1)(c).
2479 (4) Subsection 41-6a-1406(6)(b)(iii), related to the Spinal Cord and Brain Injury
2480 Rehabilitation Fund, is repealed January 1, 2025.
2481 (5) Subsections 41-22-2(1) and 41-22-10(1)(a), which [
2482
2483 addressing off-highway vehicle issues, are repealed July 1, 2027.
2484 (6) Subsection 41-22-8(3), related to the Spinal Cord and Brain Injury Rehabilitation
2485 Fund, is repealed January 1, 2025.
2486 Section 44. Section 63I-1-263 is amended to read:
2487 63I-1-263. Repeal dates, Titles 63A to 63N.
2488 (1) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
2489 (a) Section 63A-16-102 is repealed;
2490 (b) Section 63A-16-201 is repealed; and
2491 (c) Section 63A-16-202 is repealed.
2492 (2) Subsection 63A-5b-405(5), relating to prioritizing and allocating capital
2493 improvement funding, is repealed July 1, 2024.
2494 (3) Section 63A-5b-1003, State Facility Energy Efficiency Fund, is repealed July 1,
2495 2023.
2496 (4) Sections 63A-9-301 and 63A-9-302, related to the Motor Vehicle Review
2497 Committee, are repealed July 1, 2023.
2498 (5) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
2499 1, 2028.
2500 (6) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
2501 2025.
2502 (7) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
2503 2024.
2504 (8) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
2505 repealed July 1, 2023.
2506 (9) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
2507 July 1, 2023.
2508 (10) Title 63C, Chapter 23, Education and Mental Health Coordinating Council, is
2509 repealed July 1, 2026.
2510 (11) Title 63A, Chapter 16, Part 7, Data Security Management Council, is repealed
2511 July 1, 2025.
2512 (12) Section 63G-6a-805, which creates the Purchasing from Persons with Disabilities
2513 Advisory Board, is repealed July 1, 2026.
2514 (13) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
2515 2025.
2516 (14) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
2517 2024.
2518 (15) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
2519 (16) Subsection 63J-1-602.1(17), Nurse Home Visiting Restricted Account is repealed
2520 July 1, 2026.
2521 (17) (a) Subsection 63J-1-602.1(61), relating to the Utah Statewide Radio System
2522 Restricted Account, is repealed July 1, 2022.
2523 (b) When repealing Subsection 63J-1-602.1(61), the Office of Legislative Research and
2524 General Counsel shall, in addition to the office's authority under Subsection 36-12-12(3), make
2525 necessary changes to subsection numbering and cross references.
2526 (18) Subsection 63J-1-602.2[
2527 Commission, is repealed July 1, 2023.
2528 (19) Subsection 63J-1-602.2[
2529 repealed July 1, 2022.
2530 (20) Subsection 63J-1-602.2[
2531 Commission, is repealed January 1, 2025.
2532 (21) [
2533 Development Coordinating Committee, is repealed July 1, 2027.
2534 (22) In relation to the advisory committee created in Subsection 63L-11-305(3), on July
2535 1, 2022:
2536 (a) Subsection 63L-11-305(1)(a), which defines "advisory committee," is repealed; and
2537 (b) Subsection 63L-11-305(3), which creates the advisory committee, is repealed.
2538 (23) In relation to the Utah Substance Use and Mental Health Advisory Council, on
2539 January 1, 2023:
2540 (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
2541 repealed;
2542 (b) Section 63M-7-305, the language that states "council" is replaced with
2543 "commission";
2544 (c) Subsection 63M-7-305(1) is repealed and replaced with:
2545 "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
2546 (d) Subsection 63M-7-305(2) is repealed and replaced with:
2547 "(2) The commission shall:
2548 (a) provide ongoing oversight of the implementation, functions, and evaluation of the
2549 Drug-Related Offenses Reform Act; and
2550 (b) coordinate the implementation of Section 77-18-104 and related provisions in
2551 Subsections 77-18-103(2)(c) and (d).".
2552 (24) The Crime Victim Reparations and Assistance Board, created in Section
2553 63M-7-504, is repealed July 1, 2027.
2554 (25) Title 63M, Chapter 7, Part 6, Utah Council on Victims of Crime, is repealed July
2555 1, 2022.
2556 (26) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2026.
2557 (27) Title 63N, Chapter 1, Part 5, Governor's Economic Development Coordinating
2558 Council, is repealed July 1, 2024.
2559 (28) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
2560 (29) Section 63N-2-512, related to the Hotel Impact Mitigation Fund, is repealed July
2561 1, 2028.
2562 (30) (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
2563 January 1, 2021.
2564 (b) Section 59-9-107 regarding tax credits against premium taxes is repealed for
2565 calendar years beginning on or after January 1, 2021.
2566 (c) Notwithstanding Subsection (30)(b), an entity may carry forward a tax credit in
2567 accordance with Section 59-9-107 if:
2568 (i) the person is entitled to a tax credit under Section 59-9-107 on or before December
2569 31, 2020; and
2570 (ii) the qualified equity investment that is the basis of the tax credit is certified under
2571 Section 63N-2-603 on or before December 31, 2023.
2572 (31) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed
2573 July 1, 2023.
2574 (32) Title 63N, Chapter 7, Part 1, Board of Tourism Development, is repealed July 1,
2575 2025.
2576 [
2577
2578 Section 45. Section 63I-1-273 is amended to read:
2579 63I-1-273. Repeal dates, Title 73.
2580 (1) Title 73, Chapter 27, Legislative Water Development Commission, is repealed
2581 January 1, 2031.
2582 (2) Title 73, Chapter 10g, Part 2, Agricultural Water Optimization, is repealed July 1,
2583 2025.
2584 (3) Section 73-18-3.5, which [
2585 Division of Outdoor Recreation to appoint an advisory council that includes in the advisory
2586 council's duties advising on boating policies, is repealed July 1, 2024.
2587 (4) Title 73, Chapter 30, Great Salt Lake Advisory Council Act, is repealed July 1,
2588 2027.
2589 (5) In relation to Title 73, Chapter 31, Water Banking Act, on December 31, 2030:
2590 (a) Subsection 73-1-4(2)(e)(xi) is repealed;
2591 (b) Subsection 73-10-4(1)(h) is repealed; and
2592 (c) Title 73, Chapter 31, Water Banking Act, is repealed.
2593 Section 46. Section 63I-1-279 is amended to read:
2594 63I-1-279. Repeal dates, Title 79.
2595 (1) Subsection 79-2-201(2)[
2596 is repealed July 1, 2026.
2597 (2) Subsection 79-2-201(2)[
2598
2599 2027.
2600 (3) Subsection 79-2-201(2)[
2601 advisory council created by the Division of Outdoor Recreation to advise on boating policies, is
2602 repealed July 1, 2024.
2603 (4) Subsection 79-2-201(2)[
2604 Committee, is repealed July 1, 2023.
2605 (5) Subsection 79-2-201(2)[
2606 Wildlife Board, is repealed July 1, 2023.
2607 [
2608
2609 (6) Section 79-7-206, creating the Utah Outdoor Recreation Infrastructure Advisory
2610 Committee, is repealed July 1, 2027.
2611 (7) Title 79, Chapter 8, Part 4, Outdoor Recreational Infrastructure Grant Program, is
2612 repealed January 1, 2028.
2613 Section 47. Section 63I-2-204 is amended to read:
2614 63I-2-204. Repeal dates -- Title 4.
2615 (1) Title 4, Chapter 2, Part 6, Local Food Advisory Council, is repealed November 30,
2616 2022.
2617 (2) Section 4-46-104, Transition, is repealed July 1, 2024.
2618 Section 48. Section 63I-2-279 is amended to read:
2619 63I-2-279. Repeal dates, Title 79.
2620 (1) Section 79-2-206, Transition, is repealed July 1, [
2621 (2) Title 79, Chapter 6, Part 8, Voluntary Home Energy Information Pilot Program Act,
2622 is repealed January 1, 2022.
2623 Section 49. Section 63J-1-601 is amended to read:
2624 63J-1-601. End of fiscal year -- Unexpended balances -- Funds not to be closed
2625 out -- Pending claims -- Transfer of amounts from item of appropriation -- Nonlapsing
2626 accounts and funds -- Institutions of higher education to report unexpended balances.
2627 (1) As used in this section:
2628 (a) "Education grant subrecipient" means a nonfederal entity that:
2629 (i) receives a subaward from the State Board of Education to carry out at least part of a
2630 federal or state grant program; and
2631 (ii) does not include an individual who is a beneficiary of the federal or state grant
2632 program.
2633 (b) "Transaction control number" means the unique numerical identifier established by
2634 the Department of Health to track each medical claim and indicates the date on which the claim
2635 is entered.
2636 (2) On or before August 31 of each fiscal year, the director of the Division of Finance
2637 shall close out to the proper fund or account all remaining unexpended and unencumbered
2638 balances of appropriations made by the Legislature, except:
2639 (a) those funds classified under Title 51, Chapter 5, Funds Consolidation Act, as:
2640 (i) enterprise funds;
2641 (ii) internal service funds;
2642 (iii) trust and agency funds;
2643 (iv) capital projects funds;
2644 (v) discrete component unit funds;
2645 (vi) debt service funds; and
2646 (vii) permanent funds;
2647 (b) those appropriations from a fund or account or appropriations to a program that are
2648 designated as nonlapsing under Section 63J-1-602.1 or 63J-1-602.2;
2649 (c) expendable special revenue funds, unless specifically directed to close out the fund
2650 in the fund's enabling legislation;
2651 (d) acquisition and development funds appropriated to the Division of State Parks or
2652 the Division of Outdoor Recreation;
2653 (e) funds encumbered to pay purchase orders issued [
2654 equipment if delivery is expected before June 30; and
2655 (f) unexpended and unencumbered balances of appropriations that meet the
2656 requirements of Section 63J-1-603.
2657 (3) (a) Liabilities and related expenses for goods and services received on or before
2658 June 30 shall be recognized as expenses due and payable from appropriations made [
2659 before June 30.
2660 (b) The liability and related expense shall be recognized within time periods
2661 established by the Division of Finance but shall be recognized not later than August 31.
2662 (c) Liabilities and expenses not so recognized may be paid from regular departmental
2663 appropriations for the subsequent fiscal year, if these claims do not exceed unexpended and
2664 unencumbered balances of appropriations for the years in which the obligation was incurred.
2665 (d) [
2666 of any department, institution, or agency into the Capital Projects Fund or any other fund
2667 without the prior express approval of the Legislature.
2668 (4) (a) For purposes of this chapter, a claim processed under the authority of Title 26,
2669 Chapter 18, Medical Assistance Act:
2670 (i) is not a liability or an expense to the state for budgetary purposes, unless the
2671 Division of Health Care Financing receives the claim within the time periods established by the
2672 Division of Finance under Subsection (3)(b); and
2673 (ii) is not subject to Subsection (3)(c).
2674 (b) The transaction control number that the Division of Health Care Financing records
2675 on each claim invoice is the date of receipt.
2676 (5) (a) For purposes of this chapter, a claim processed in accordance with Title 35A,
2677 Chapter 13, Utah State Office of Rehabilitation Act:
2678 (i) is not a liability or an expense to the state for budgetary purposes, unless the Utah
2679 State Office of Rehabilitation receives the claim within the time periods established by the
2680 Division of Finance under Subsection (3)(b); and
2681 (ii) is not subject to Subsection (3)(c).
2682 (b) (i) The Utah State Office of Rehabilitation shall mark each claim invoice with the
2683 date on which the Utah State Office of Rehabilitation receives the claim invoice.
2684 (ii) The date described in Subsection (5)(b)(i) is the date of receipt for purposes of this
2685 section.
2686 (6) (a) For purposes of this chapter, a reimbursement request received from an
2687 education grant subrecipient:
2688 (i) is not a liability or expense to the state for budgetary purposes, unless the State
2689 Board of Education receives the claim within the time periods described in Subsection (3)(b);
2690 and
2691 (ii) is not subject to Subsection (3)(c).
2692 (b) The transaction control number that the State Board of Education records on a
2693 claim invoice is the date of receipt.
2694 (7) Any balance from an appropriation to a state institution of higher education that
2695 remains unexpended at the end of the fiscal year shall be reported to the Division of Finance by
2696 the September 1 following the close of the fiscal year.
2697 Section 50. Section 63J-1-602.2 is amended to read:
2698 63J-1-602.2. List of nonlapsing appropriations to programs.
2699 Appropriations made to the following programs are nonlapsing:
2700 (1) The Legislature and the Legislature's committees.
2701 (2) The State Board of Education, including all appropriations to agencies, line items,
2702 and programs under the jurisdiction of the State Board of Education, in accordance with
2703 Section 53F-9-103.
2704 (3) The Percent-for-Art Program created in Section 9-6-404.
2705 (4) The LeRay McAllister Critical Land Conservation Program created in Section
2706 [
2707 (5) Dedicated credits accrued to the Utah Marriage Commission as provided under
2708 Subsection 17-16-21(2)(d)(ii).
2709 (6) The Trip Reduction Program created in Section 19-2a-104.
2710 (7) The Division of Wildlife Resources for the appraisal and purchase of lands under
2711 the Pelican Management Act, as provided in Section 23-21a-6.
2712 (8) The emergency medical services grant program in Section 26-8a-207.
2713 (9) The primary care grant program created in Section 26-10b-102.
2714 (10) Sanctions collected as dedicated credits from Medicaid provider under Subsection
2715 26-18-3(7).
2716 (11) The Utah Health Care Workforce Financial Assistance Program created in Section
2717 26-46-102.
2718 (12) The Rural Physician Loan Repayment Program created in Section 26-46a-103.
2719 (13) The Opiate Overdose Outreach Pilot Program created in Section 26-55-107.
2720 (14) Funds that the Department of Alcoholic Beverage Control retains in accordance
2721 with Subsection 32B-2-301 (9)(a) or (b).
2722 (15) The General Assistance program administered by the Department of Workforce
2723 Services, as provided in Section 35A-3-401.
2724 (16) The Utah National Guard, created in Title 39, Militia and Armories.
2725 (17) The State Tax Commission under Section 41-1a-1201 for the:
2726 (a) purchase and distribution of license plates and decals; and
2727 (b) administration and enforcement of motor vehicle registration requirements.
2728 (18) The Search and Rescue Financial Assistance Program, as provided in Section
2729 53-2a-1102.
2730 (19) The Motorcycle Rider Education Program, as provided in Section 53-3-905.
2731 (20) The Utah Board of Higher Education for teacher preparation programs, as
2732 provided in Section 53B-6-104.
2733 (21) The Medical Education Program administered by the Medical Education Council,
2734 as provided in Section 53B-24-202.
2735 (22) The Division of Services for People with Disabilities, as provided in Section
2736 62A-5-102.
2737 (23) The Division of Fleet Operations for the purpose of upgrading underground
2738 storage tanks under Section 63A-9-401.
2739 (24) The Utah Seismic Safety Commission, as provided in Section 63C-6-104.
2740 (25) Appropriations to the Division of Technology Services for technology innovation
2741 as provided under Section 63A-16-903.
2742 (26) The Office of Administrative Rules for publishing, as provided in Section
2743 63G-3-402.
2744 (27) The Colorado River Authority of Utah, created in Title 63M, Chapter 14,
2745 Colorado River Authority of Utah Act.
2746 (28) The Governor's Office of Economic Opportunity to fund the Enterprise Zone Act,
2747 as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
2748 (29) Appropriations to fund the Governor's Office of Economic Opportunity's Rural
2749 Employment Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural
2750 Employment Expansion Program.
2751 (30) Appropriations to fund programs for the Jordan River Recreation Area as
2752 described in Section 65A-2-8.
2753 (31) The Division of Human Resource Management user training program, as provided
2754 in Section 63A-17-106.
2755 (32) A public safety answering point's emergency telecommunications service fund, as
2756 provided in Section 69-2-301.
2757 (33) The Traffic Noise Abatement Program created in Section 72-6-112.
2758 (34) The money appropriated from the Navajo Water Rights Negotiation Account to
2759 the Division of Water Rights, created in Section 73-2-1.1, for purposes of participating in a
2760 settlement of federal reserved water right claims.
2761 (35) The Judicial Council for compensation for special prosecutors, as provided in
2762 Section 77-10a-19.
2763 (36) A state rehabilitative employment program, as provided in Section 78A-6-210.
2764 (37) The Utah Geological Survey, as provided in Section 79-3-401.
2765 (38) The Bonneville Shoreline Trail Program created under Section 79-5-503.
2766 (39) Adoption document access as provided in Sections 78B-6-141, 78B-6-144, and
2767 78B-6-144.5.
2768 (40) Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent
2769 Defense Commission.
2770 (41) The program established by the Division of Facilities Construction and
2771 Management under Section 63A-5b-703 under which state agencies receive an appropriation
2772 and pay lease payments for the use and occupancy of buildings owned by the Division of
2773 Facilities Construction and Management.
2774 Section 51. Section 63L-7-104 is amended to read:
2775 63L-7-104. Identification of a potential wilderness area.
2776 (1) (a) Subject to Subsection (1)(b), the director of PLPCO, within one year of the
2777 acquisition date, shall identify within a parcel of acquired land any conservation areas.
2778 (b) Before identifying a parcel of land as a conservation area, the director of PLPCO
2779 shall:
2780 (i) inform the School and Institutional Trust Lands Administration that a parcel is
2781 being considered for designation as a conservation area; and
2782 (ii) provide the School and Institutional Trust Lands Administration with the
2783 opportunity to trade out land owned by the School and Institutional Trust Lands Administration
2784 for the parcel in question subject to reaching an exchange agreement with the agency that
2785 manages the parcel.
2786 (2) The director of PLPCO shall:
2787 (a) file a map and legal description of each identified conservation area with the
2788 governor, the Senate, and the House of Representatives;
2789 (b) maintain, and make available to the public, records pertaining to identified
2790 conservation areas, including:
2791 (i) maps;
2792 (ii) legal descriptions;
2793 (iii) copies of proposed regulations governing the conservation area; and
2794 (iv) copies of public notices of, and reports submitted to the Legislature, regarding
2795 pending additions, eliminations, or modifications to a conservation area; and
2796 (c) within five years of the date of acquisition:
2797 (i) review each identified conservation area for its suitability to be classified as a
2798 protected wilderness area; and
2799 (ii) report the findings under Subsection (2)(c)(i) to the governor.
2800 (3) The records described in Subsection (2)(b) shall be available for inspection at:
2801 (a) the PLPCO office;
2802 (b) the main office of DNR;
2803 (c) a regional office of the Division of Forestry, Fire, and State Lands for any record
2804 that deals with an identified conservation area in that region; and
2805 (d) the Division of State Parks or the Division of Outdoor Recreation.
2806 (4) A conservation area may be designated as a protected wilderness area as described
2807 in Section 63L-7-105.
2808 (5) A conservation area identified under Subsection (1) shall be managed by DNR, in
2809 coordination with the county government having jurisdiction over the area, without the
2810 conservation area being designated as a protected wilderness area unless otherwise provided by
2811 the Legislature.
2812 Section 52. Section 63L-11-402 is amended to read:
2813 63L-11-402. Membership -- Terms -- Chair -- Expenses.
2814 (1) The Resource Development Coordinating Committee consists of the following [
2815 26 members:
2816 (a) the state science advisor;
2817 (b) a representative from the Department of Agriculture and Food appointed by the
2818 [
2819 (c) a representative from the Department of Cultural and Community Engagement
2820 appointed by the executive director of the Department of Cultural and Community
2821 Engagement;
2822 (d) a representative from the Department of Environmental Quality appointed by the
2823 executive director of the Department of Environmental Quality;
2824 (e) a representative from the Department of Natural Resources appointed by the
2825 executive director of the Department of Natural Resources;
2826 (f) a representative from the Department of Transportation appointed by the executive
2827 director of the Department of Transportation;
2828 (g) a representative from the Governor's Office of Economic Opportunity appointed by
2829 the director of the Governor's Office of Economic Opportunity;
2830 (h) a representative from the Housing and Community Development Division
2831 appointed by the director of the Housing and Community Development Division;
2832 (i) a representative from the Division of State History appointed by the director of the
2833 Division of State History;
2834 (j) a representative from the Division of Air Quality appointed by the director of the
2835 Division of Air Quality;
2836 (k) a representative from the Division of Drinking Water appointed by the director of
2837 the Division of Drinking Water;
2838 (l) a representative from the Division of Environmental Response and Remediation
2839 appointed by the director of the Division of Environmental Response and Remediation;
2840 (m) a representative from the Division of Waste Management and Radiation Control
2841 appointed by the director of the Division of Waste Management and Radiation Control;
2842 (n) a representative from the Division of Water Quality appointed by the director of the
2843 Division of Water Quality;
2844 (o) a representative from the Division of Oil, Gas, and Mining appointed by the
2845 director of the Division of Oil, Gas, and Mining;
2846 (p) a representative from the Division of Parks appointed by the director of the
2847 Division of Parks;
2848 (q) a representative from the Division of Outdoor Recreation appointed by the director
2849 of the Division of Outdoor Recreation;
2850 (r) a representative from the Division of Forestry, Fire, and State Lands appointed by
2851 the director of the Division of Forestry, Fire, and State Lands;
2852 (s) a representative from the Utah Geological Survey appointed by the director of the
2853 Utah Geological Survey;
2854 (t) a representative from the Division of Water Resources appointed by the director of
2855 the Division of Water Resources;
2856 (u) a representative from the Division of Water Rights appointed by the director of the
2857 Division of Water Rights;
2858 (v) a representative from the Division of Wildlife Resources appointed by the director
2859 of the Division of Wildlife Resources;
2860 (w) a representative from the School and Institutional Trust Lands Administration
2861 appointed by the director of the School and Institutional Trust Lands Administration;
2862 (x) a representative from the Division of Facilities Construction and Management
2863 appointed by the director of the Division of Facilities Construction and Management; [
2864 (y) a representative from the Division of Emergency Management appointed by the
2865 director of the Division of Emergency Management[
2866 (z) a representative from the Division of Conservation, created under Section 4-46-401,
2867 appointed by the director of the Division of Conservation.
2868 (2) (a) As particular issues require, the coordinating committee may, by majority vote
2869 of the members present, appoint additional temporary members to serve as ex officio voting
2870 members.
2871 (b) Those ex officio members may discuss and vote on the issue or issues for which
2872 they were appointed.
2873 (3) A chair shall be selected by a [
2874 concurrence of the executive director.
2875 (4) A member may not receive compensation or benefits for the member's service, but
2876 may receive per diem and travel expenses in accordance with:
2877 (a) Sections 63A-3-106 and 63A-3-107; and
2878 (b) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2879 63A-3-107.
2880 Section 53. Section 63N-3-602 is amended to read:
2881 63N-3-602. Definitions.
2882 As used in this part:
2883 (1) "Affordable housing" means [
2884
2885 income equal to or less than 80% of the median gross income of the applicable municipal or
2886 county statistical area for households of the same size.
2887 (2) "Agency" means the same as that term is defined in Section 17C-1-102.
2888 (3) "Base taxable value" means a property's taxable value as shown upon the
2889 assessment roll last equalized during the base year.
2890 (4) "Base year" means, for a proposed housing and transit reinvestment zone area, a
2891 year determined by the last equalized tax roll before the adoption of the housing and transit
2892 reinvestment zone.
2893 (5) (a) "Commuter rail" means a heavy-rail passenger rail transit facility operated by a
2894 large public transit district.
2895 (b) "Commuter rail" does not include a light-rail passenger rail facility of a large public
2896 transit district.
2897 (6) "Commuter rail station" means a station, stop, or terminal along an existing
2898 commuter rail line, or along an extension to an existing commuter rail line or new commuter
2899 rail line that is included in a metropolitan planning organization's adopted long-range
2900 transportation plan.
2901 (7) "Dwelling unit" means one or more rooms arranged for the use of one or more
2902 individuals living together, as a single housekeeping unit normally having cooking, living,
2903 sanitary, and sleeping facilities.
2904 (8) "Enhanced development" means the construction of mixed uses including housing,
2905 commercial uses, and related facilities, at an average density of 50 dwelling units or more per
2906 acre on the developable acres.
2907 (9) "Enhanced development costs" means extra costs associated with structured
2908 parking costs, vertical construction costs, horizontal construction costs, life safety costs,
2909 structural costs, conveyor or elevator costs, and other costs incurred due to the increased height
2910 of buildings or enhanced development.
2911 (10) "Horizontal construction costs" means the additional costs associated with
2912 earthwork, over excavation, utility work, transportation infrastructure, and landscaping to
2913 achieve enhanced development in the housing and transit reinvestment zone.
2914 (11) "Housing and transit reinvestment zone" means a housing and transit reinvestment
2915 zone created pursuant to this part.
2916 (12) "Housing and transit reinvestment zone committee" means a housing and transit
2917 reinvestment zone committee created pursuant to Section 63N-3-605.
2918 (13) "Large public transit district" means the same as that term is defined in Section
2919 17B-2a-802.
2920 (14) "Metropolitan planning organization" means the same as that term is defined in
2921 Section 72-1-208.5.
2922 (15) "Mixed use development" means development with a mix of multi-family
2923 residential use and at least one additional land use.
2924 (16) "Municipality" means the same as that term is defined in Section 10-1-104.
2925 (17) "Participant" means the same as that term is defined in Section 17C-1-102.
2926 (18) "Participation agreement" means the same as that term is defined in Section
2927 17C-1-102.
2928 (19) "Public transit county" means a county that has created a small public transit
2929 district.
2930 (20) "Public transit hub" means a public transit depot or station where four or more
2931 routes serving separate parts of the county-created transit district stop to transfer riders between
2932 routes.
2933 (21) "Sales and use tax base year" means a sales and use tax year determined by the
2934 first year pertaining to the tax imposed in Section 59-12-103 after the sales and use tax
2935 boundary for a housing and transit reinvestment zone is established.
2936 (22) "Sales and use tax boundary" means a boundary created as described in Section
2937 63N-3-604, based on state sales and use tax collection that corresponds as closely as reasonably
2938 practicable to the housing and transit reinvestment zone boundary.
2939 (23) "Sales and use tax increment" means the difference between:
2940 (a) the amount of state sales and use tax revenue generated each year following the
2941 sales and use tax base year by the sales and use tax from the area within a housing and transit
2942 reinvestment zone designated in the housing and transit reinvestment zone proposal as the area
2943 from which sales and use tax increment is to be collected; and
2944 (b) the amount of state sales and use tax revenue that was generated from that same
2945 area during the sales and use tax base year.
2946 (24) "Sales and use tax revenue" means revenue that is generated from the tax imposed
2947 under Section 59-12-103.
2948 (25) "Small public transit district" means the same as that term is defined in Section
2949 17B-2a-802.
2950 (26) "Tax commission" means the State Tax Commission created in Section 59-1-201.
2951 (27) "Tax increment" means the difference between:
2952 (a) the amount of property tax revenue generated each tax year by a taxing entity from
2953 the area within a housing and transit reinvestment zone designated in the housing and transit
2954 reinvestment zone proposal as the area from which tax increment is to be collected, using the
2955 current assessed value and each taxing entity's current certified tax rate as defined in Section
2956 59-2-924; and
2957 (b) the amount of property tax revenue that would be generated from that same area
2958 using the base taxable value and each taxing entity's current certified tax rate as defined in
2959 Section 59-2-924.
2960 (28) "Taxing entity" means the same as that term is defined in Section 17C-1-102.
2961 (29) "Vertical construction costs" means the additional costs associated with
2962 construction above four stories and structured parking to achieve enhanced development in the
2963 housing and transit reinvestment zone.
2964 Section 54. Section 65A-3-1 is amended to read:
2965 65A-3-1. Trespassing on state lands -- Penalties.
2966 (1) As used in this section:
2967 (a) "Anchored" means the same as that term is defined in Section 73-18-2.
2968 (b) "Beached" means the same as that term is defined in Section 73-18-2.
2969 (c) "Motorboat" means the same as that term is defined in Section 73-18-2.
2970 (d) "Vessel" means the same as that term is defined in Section 73-18-2.
2971 (2) A person is guilty of a class B misdemeanor and liable for the civil damages
2972 prescribed in Subsection (4) if, without written authorization from the division, the person:
2973 (a) removes, extracts, uses, consumes, or destroys any mineral resource, gravel, sand,
2974 soil, vegetation, or improvement on state lands;
2975 (b) grazes livestock on state lands;
2976 (c) uses, occupies, or constructs improvements or structures on state lands;
2977 (d) uses or occupies state lands for more than 30 days after the cancellation or
2978 expiration of written authorization;
2979 (e) knowingly and willfully uses state lands for commercial gain;
2980 (f) appropriates, alters, injures, or destroys any historical, prehistorical, archaeological,
2981 or paleontological resource on state lands;
2982 (g) starts or maintains a fire on state lands except in a posted and designated area;
2983 (h) camps on state lands, except in posted or designated areas;
2984 (i) camps on state lands for longer than 15 consecutive days at the same location or
2985 within one mile of the same location;
2986 (j) camps on state lands for 15 consecutive days, and then returns to camp at the same
2987 location before 15 consecutive days have elapsed after the day on which the person left that
2988 location;
2989 (k) leaves an anchored or beached vessel unattended for longer than 48 hours on state
2990 lands;
2991 (l) anchors or beaches a vessel on state lands at the same location for longer than 72
2992 hours or within two miles of the same location for longer than 72 hours;
2993 (m) anchors or beaches a vessel on state lands at the same location for 72 hours, and
2994 then returns to anchor or beach the vessel at the same location or within two miles of the same
2995 location before 72 hours have elapsed after the day on which the person left that location;
2996 (n) posts a sign claiming state land as private property;
2997 (o) prohibits, prevents, or obstructs public entry to state land where public entry is
2998 authorized by the division; or
2999 (p) parks or operates a motor vehicle on the bed of a navigable lake or river except in
3000 those areas:
3001 (i) supervised by the Division of State Parks, the Division of Outdoor Recreation, or
3002 another state or local enforcement entity; and
3003 (ii) which are posted as open to vehicle use.
3004 (3) A person is guilty of a class C misdemeanor and liable for civil damages described
3005 in Subsection (4) if, on state lands surrounding Bear Lake and without written authorization of
3006 the division, the person:
3007 (a) parks or operates a motor vehicle in an area on the exposed lake bed that is
3008 specifically posted by the division as closed for usage;
3009 (b) camps, except in an area that is posted and designated as open to camping;
3010 (c) exceeds a speed limit of 10 miles per hour while operating a motor vehicle;
3011 (d) drives recklessly while operating a motor vehicle;
3012 (e) parks or operates a motor vehicle within an area between the water's edge and 100
3013 feet of the water's edge except as necessary to:
3014 (i) launch or retrieve a motorboat, if the person is permitted to launch or retrieve a
3015 motorboat;
3016 (ii) transport an individual with limited mobility; or
3017 (iii) deposit or retrieve equipment to a beach site;
3018 (f) travels in a motor vehicle parallel to the water's edge:
3019 (i) in areas designated by the division as closed;
3020 (ii) a distance greater than 500 yards; or
3021 (iii) for purposes other than travel to or from a beach site;
3022 (g) parks or operates a motor vehicle between the hours of 10 p.m. and 7 a.m.; or
3023 (h) starts a campfire or uses fireworks.
3024 (4) A person who commits any act described in Subsection (2) or (3) is liable for
3025 damages in the amount of:
3026 (a) three times the value of the mineral or other resource removed, destroyed, or
3027 extracted;
3028 (b) three times the value of damage committed; or
3029 (c) three times the consideration which would have been charged by the division for
3030 use of the land during the period of trespass.
3031 (5) In addition to the damages described in Subsection (4), a person found guilty of a
3032 misdemeanor under Subsection (2) or (3) is subject to the penalties provided in Section
3033 76-3-204.
3034 (6) Money collected under this section shall be deposited in the fund in which similar
3035 revenues from that land would be deposited.
3036 Section 55. Section 65A-10-2 is amended to read:
3037 65A-10-2. Recreational use of sovereign lands.
3038 (1) The division, with the approval of the executive director of the Department of
3039 Natural Resources and the governor, may set aside for public or recreational use any part of the
3040 lands claimed by the state as the beds of lakes or streams.
3041 (2) Management of those lands may be delegated to the Division of State Parks, the
3042 Division of Outdoor Recreation, the Division of Wildlife Resources, or any other state agency.
3043 Section 56. Section 72-11-204 is amended to read:
3044 72-11-204. Vacancies -- Expenses -- Reimbursement -- Use of facilities of
3045 Department of Transportation -- Functions, powers, duties, rights, and responsibilities.
3046 (1) When a vacancy occurs in the membership for any reason, the replacement shall be
3047 appointed for the unexpired term.
3048 (2) A member may not receive compensation or benefits for the member's service, but
3049 may receive per diem and travel expenses in accordance with:
3050 (a) Section 63A-3-106;
3051 (b) Section 63A-3-107; and
3052 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3053 63A-3-107.
3054 (3) Reimbursement shall be made from fees collected by the committee for services
3055 rendered by [
3056 (4) The Department of Transportation shall supply the committee with office
3057 accommodation, space, equipment, and secretarial assistance the executive director considers
3058 adequate for the committee.
3059 (5) In addition to the functions, powers, duties, rights, and responsibilities granted to
3060 [
3061 powers, duties, rights, and responsibilities of the Division of Outdoor Recreation in relation to
3062 passenger ropeway systems pursuant to that chapter.
3063 Section 57. Section 73-3-31 is amended to read:
3064 73-3-31. Water right for watering livestock on public land.
3065 (1) As used in this section:
3066 (a) "Acquire" means to gain the right to use water through obtaining:
3067 (i) an approved application to appropriate water; or
3068 (ii) a perfected water right.
3069 (b) "Allotment" means a designated area of public land available for livestock grazing.
3070 (c) "Animal unit month (AUM)" is the amount of forage needed to sustain one cow and
3071 her calf, one horse, or five sheep and goats for one month.
3072 (d) (i) "Beneficial user" means the person that has the right to use the grazing permit.
3073 (ii) "Beneficial user" does not mean the public land agency issuing the grazing permit.
3074 (e) "Grazing permit" means a document authorizing livestock to graze on an allotment.
3075 (f) "Livestock" means a domestic animal raised or kept for profit or personal use.
3076 (g) "Livestock watering right" means a right for:
3077 (i) livestock to consume water:
3078 (A) directly from the water source located on public land; or
3079 (B) from an impoundment located on public land into which the water is diverted; and
3080 (ii) associated uses of water related to the raising and care of livestock on public land.
3081 (h) (i) "Public land" means land owned or managed by the United States or the state.
3082 (ii) "Public land" does not mean land owned by:
3083 (A) the Division of Wildlife Resources;
3084 (B) the School and Institutional Trust Lands Administration; [
3085 (C) the Division of State Parks; or
3086 (D) the Division of Outdoor Recreation.
3087 (i) "Public land agency" means the agency that owns or manages the public land.
3088 (2) A public land agency may not:
3089 (a) condition the issuance, renewal, amendment, or extension of any permit, approval,
3090 license, allotment, easement, right-of-way, or other land use occupancy agreement regarding
3091 livestock on the transfer of any water right directly to the public land agency;
3092 (b) require any water user to apply for, or acquire a water right in the name of, the
3093 public land agency as a condition for the issuance, renewal, amendment, or extension of any
3094 permit, approval, license, allotment, easement, right-of-way, or other land use occupancy
3095 agreement regarding livestock; or
3096 (c) acquire a livestock watering right if the public land agency is not a beneficial user.
3097 (3) The state engineer may not approve a change application under Section 73-3-3 for a
3098 livestock watering right without the consent of the beneficial user.
3099 (4) A beneficial user may file a nonuse application under Section 73-1-4 on a livestock
3100 watering right or a portion of a livestock watering right that the beneficial user puts to
3101 beneficial use.
3102 (5) A livestock watering right is appurtenant to the allotment on which the livestock is
3103 watered.
3104 (6) (a) (i) A beneficial user or a public land agency may file a request with the state
3105 engineer for a livestock water use certificate.
3106 (ii) The state engineer shall:
3107 (A) provide the livestock water use certificate application form on the Internet; and
3108 (B) allow electronic submission of the livestock water use certificate application.
3109 (b) The state engineer shall grant a livestock water use certificate to a beneficial user if
3110 the beneficial user:
3111 (i) demonstrates that the beneficial user has a right to use a grazing permit for the
3112 allotment to which the livestock watering right is appurtenant; and
3113 (ii) pays the fee set in accordance with Section 73-2-14.
3114 (c) A livestock water use certificate is valid as long as the livestock watering right is:
3115 (i) held by a beneficial user who has the right to use the grazing permit and graze
3116 livestock on the allotment;
3117 (ii) put to beneficial use within a seven-year time period; or
3118 (iii) subject to a nonuse application approved under Section 73-1-4.
3119 (7) A beneficial user may access or improve an allotment as necessary for the
3120 beneficial user to beneficially use, develop, and maintain the beneficial user's water right
3121 appurtenant to the allotment.
3122 (8) If a federal land management agency reduces livestock grazing AUMs on federal
3123 grazing allotments, and the reduction results in the partial forfeiture of an appropriated water
3124 right, the amount of water in question for nonuse as a livestock water right shall be held in trust
3125 by the state engineer until such water may be appropriated for livestock watering, consistent
3126 with this act and state law.
3127 (9) Nothing in this section affects a livestock watering right or a livestock water use
3128 certificate held by a public land agency on May 13, 2014.
3129 Section 58. Section 73-18-2 is amended to read:
3130 73-18-2. Definitions.
3131 As used in this chapter:
3132 (1) "Anchored" means a vessel that is temporarily attached to the bed or shoreline of a
3133 waterbody by any method and the hull of the vessel is not touching the bed or shoreline.
3134 (2) "Beached" means that a vessel's hull is resting on the bed or shoreline of a
3135 waterbody.
3136 (3) "Boat livery" means a person that holds a vessel for renting or leasing.
3137 (4) "Carrying passengers for hire" means to transport persons on vessels or to lead
3138 persons on vessels for consideration.
3139 (5) "Commission" means the Outdoor Adventure Commission.
3140 (6) "Consideration" means something of value given or done in exchange for
3141 something given or done by another.
3142 (7) "Dealer" means any person who is licensed by the appropriate authority to engage
3143 in and who is engaged in the business of buying and selling vessels or of manufacturing them
3144 for sale.
3145 (8) "Derelict vessel":
3146 (a) means a vessel that is left, stored, or abandoned upon the waters of this state in a
3147 wrecked, junked, or substantially dismantled condition; and
3148 (b) includes:
3149 (i) a vessel left at a Utah port or marina without consent of the agency or other entity
3150 administering the port or marine area; and
3151 (ii) a vessel left docked or grounded upon a property without the property owner's
3152 consent.
3153 (9) "Division" means the Division of Outdoor Recreation.
3154 (10) "Moored" means long term, on the water vessel storage in an area designated and
3155 properly marked by the division or other applicable managing agency.
3156 (11) "Motorboat" means any vessel propelled by machinery, whether or not the
3157 machinery is the principal source of propulsion.
3158 (12) "Operate" means to navigate, control, or otherwise use a vessel.
3159 (13) "Operator" means the person who is in control of a vessel while it is in use.
3160 (14) "Outfitting company" means any person who, for consideration:
3161 (a) provides equipment to transport persons on all waters of this state; and
3162 (b) supervises a person who:
3163 (i) operates a vessel to transport passengers; or
3164 (ii) leads a person on a vessel.
3165 (15) (a) "Owner" means a person, other than a lien holder, holding a proprietary
3166 interest in or the title to a vessel.
3167 (b) "Owner" includes a person entitled to the use or possession of a vessel subject to an
3168 interest by another person, reserved or created by agreement and securing payment or
3169 performance of an obligation.
3170 (c) "Owner" does not include a lessee under a lease not intended as security.
3171 (16) "Personal watercraft" means a motorboat that is:
3172 (a) less than 16 feet in length;
3173 (b) propelled by a water jet pump; and
3174 (c) designed to be operated by a person sitting, standing, or kneeling on the vessel,
3175 rather than sitting or standing inside the vessel.
3176 (17) "Racing shell" means a long, narrow watercraft:
3177 (a) outfitted with long oars and sliding seats; and
3178 (b) specifically designed for racing or exercise.
3179 (18) "Sailboat" means any vessel having one or more sails and propelled by wind.
3180 (19) "Vessel" means every type of watercraft, other than a seaplane on the water, used
3181 or capable of being used as a means of transportation on water.
3182 (20) "Wakeless speed" means an operating speed at which the vessel does not create or
3183 make a wake or white water trailing the vessel. This speed is not in excess of five miles per
3184 hour.
3185 (21) "Waters of this state" means any waters within the territorial limits of this state.
3186 Section 59. Section 73-18-3.5 is amended to read:
3187 73-18-3.5. Advisory council.
3188 The division, after [
3189 advisory council [
3190 (1) representation of boating interests [
3191 (2) among the advisory council's duties, making recommendations on state boating
3192 policies.
3193 Section 60. Section 73-18-4 is amended to read:
3194 73-18-4. Division may make rules and set fees.
3195 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3196 division, after [
3197 (a) creating a uniform waterway marking system which shall be obeyed by all vessel
3198 operators;
3199 (b) regulating the placement of waterway markers and other permanent or anchored
3200 objects on the waters of this state;
3201 (c) zoning certain waters of this state for the purpose of prohibiting the operation of
3202 vessels or motors for safety and health purposes only;
3203 (d) regulating vessel operators who carry passengers for hire, boat liveries, and
3204 outfitting companies; and
3205 (e) regulating anchored, beached, moored, or abandoned vessels to minimize health,
3206 safety, and environmental concerns.
3207 (2) (a) The division, after [
3208 accordance with Section 63J-1-504 for:
3209 (i) licensing vessel operators who carry passengers for hire; and
3210 (ii) registering:
3211 (A) outfitting companies; and
3212 (B) boat liveries.
3213 (b) The license and registration fees imposed pursuant to Subsection (2)(a) shall be
3214 deposited into the Boating Account created in Section 73-18-22.
3215 Section 61. Section 73-18-7 is amended to read:
3216 73-18-7. Registration requirements -- Exemptions -- Fee -- Agents -- Records --
3217 Period of registration and renewal -- Expiration -- Notice of transfer of interest or change
3218 of address -- Duplicate registration card -- Invalid registration -- Powers of division.
3219 (1) (a) Except as provided by Section 73-18-9, the owner of each motorboat and
3220 sailboat on the waters of this state shall register it with the division as provided in this chapter.
3221 (b) A person may not place, give permission for the placement of, operate, or give
3222 permission for the operation of a motorboat or sailboat on the waters of this state, unless the
3223 motorboat or sailboat is registered as provided in this chapter.
3224 (2) (a) The owner of a motorboat or sailboat required to be registered shall file an
3225 application for registration with the division on forms approved by the division.
3226 (b) The owner of the motorboat or sailboat shall sign the application and pay the fee set
3227 by the division, after [
3228 63J-1-504.
3229 (c) Before receiving a registration card and registration decals, the applicant shall
3230 provide the division with a certificate from the county assessor of the county in which the
3231 motorboat or sailboat has situs for taxation, stating that:
3232 (i) the property tax on the motorboat or sailboat for the current year has been paid;
3233 (ii) in the county assessor's opinion, the property tax is a lien on real property sufficient
3234 to secure the payment of the property tax; or
3235 (iii) the motorboat or sailboat is exempt by law from payment of property tax for the
3236 current year.
3237 (d) If the division modifies the fee under Subsection (2)(b), the modification shall take
3238 effect on the first day of the calendar quarter after 90 days from the day on which the division
3239 provides the State Tax Commission:
3240 (i) notice from the division stating that the division will modify the fee; and
3241 (ii) a copy of the fee modification.
3242 (e) (i) The division may enter into an agreement with the Motor Vehicle Division
3243 created in Section 41-1a-106 to administer the registration requirements described in this
3244 chapter.
3245 (ii) An individual may request automatic registration renewal as described in Section
3246 41-1a-216.
3247 (3) (a) Upon receipt of the application in the approved form, the division shall record
3248 the receipt and issue to the applicant registration decals and a registration card that state the
3249 number assigned to the motorboat or sailboat and the name and address of the owner.
3250 (b) The registration card shall be available for inspection on the motorboat or sailboat
3251 for which it was issued, whenever that motorboat or sailboat is in operation.
3252 (4) The assigned number shall:
3253 (a) be painted or permanently attached to each side of the forward half of the motorboat
3254 or sailboat;
3255 (b) consist of plain vertical block characters not less than three inches in height;
3256 (c) contrast with the color of the background and be distinctly visible and legible;
3257 (d) have spaces or hyphens equal to the width of a letter between the letter and numeral
3258 groupings; and
3259 (e) read from left to right.
3260 (5) A motorboat or sailboat with a valid marine document issued by the United States
3261 Coast Guard is exempt from the number display requirements of Subsection (4).
3262 (6) The nonresident owner of any motorboat or sailboat already covered by a valid
3263 number that has been assigned to it according to federal law or a federally approved numbering
3264 system of the owner's resident state is exempt from registration while operating the motorboat
3265 or sailboat on the waters of this state unless the owner is operating in excess of the reciprocity
3266 period provided for in Subsection 73-18-9(1).
3267 (7) (a) If the ownership of a motorboat or sailboat changes, the new owner shall file a
3268 new application form and fee with the division, and the division shall issue a new registration
3269 card and registration decals in the same manner as provided for in Subsections (2) and (3).
3270 (b) The division shall reassign the current number assigned to the motorboat or sailboat
3271 to the new owner to display on the motorboat or sailboat.
3272 (8) If the United States Coast Guard has in force an overall system of identification
3273 numbering for motorboats or sailboats within the United States, the numbering system
3274 employed under this chapter by the division shall conform with that system.
3275 (9) (a) The division may authorize any person to act as its agent for the registration of
3276 motorboats and sailboats.
3277 (b) A number assigned, a registration card, and registration decals issued by an agent of
3278 the division in conformity with this chapter and rules of the division are valid.
3279 (10) (a) The Motor Vehicle Division shall classify all records of the division made or
3280 kept according to this section in the same manner that motor vehicle records are classified
3281 under Section 41-1a-116.
3282 (b) Division records are available for inspection in the same manner as motor vehicle
3283 records pursuant to Section 41-1a-116.
3284 (11) (a) (i) Each registration, registration card, and decal issued under this chapter shall
3285 continue in effect for 12 months, beginning with the first day of the calendar month of
3286 registration.
3287 (ii) A registration may be renewed by the owner in the same manner provided for in the
3288 initial application.
3289 (iii) The division shall reassign the current number assigned to the motorboat or
3290 sailboat when the registration is renewed.
3291 (b) Each registration, registration card, and registration decal expires the last day of the
3292 month in the year following the calendar month of registration.
3293 (c) If the last day of the registration period falls on a day in which the appropriate state
3294 or county offices are not open for business, the registration of the motorboat or sailboat is
3295 extended to 12 midnight of the next business day.
3296 (d) The division may receive applications for registration renewal and issue new
3297 registration cards at any time before the expiration of the registration, subject to the availability
3298 of renewal materials.
3299 (e) The new registration shall retain the same expiration month as recorded on the
3300 original registration even if the registration has expired.
3301 (f) The year of registration shall be changed to reflect the renewed registration period.
3302 (g) If the registration renewal application is an application generated by the division
3303 through its automated system, the owner is not required to surrender the last registration card or
3304 duplicate.
3305 (12) (a) An owner shall notify the division of:
3306 (i) the transfer of all or any part of the owner's interest, other than creation of a security
3307 interest, in a motorboat or sailboat registered in this state under Subsections (2) and (3); and
3308 (ii) the destruction or abandonment of the owner's motorboat or sailboat.
3309 (b) Notification must take place within 15 days of the transfer, destruction, or
3310 abandonment.
3311 (c) (i) The transfer, destruction, or abandonment of a motorboat or sailboat terminates
3312 its registration.
3313 (ii) Notwithstanding Subsection (12)(c)(i), a transfer of a part interest that does not
3314 affect the owner's right to operate a motorboat or sailboat does not terminate the registration.
3315 (13) (a) A registered owner shall notify the division within 15 days if the owner's
3316 address changes from the address appearing on the registration card and shall, as a part of this
3317 notification, furnish the division with the owner's new address.
3318 (b) The division may provide in the division's rules for:
3319 (i) the surrender of the registration card bearing the former address; and
3320 (ii) (A) the replacement of the card with a new registration card bearing the new
3321 address; or
3322 (B) the alteration of an existing registration card to show the owner's new address.
3323 (14) (a) If a registration card is lost or stolen, the division may collect a fee of $4 for
3324 the issuance of a duplicate card.
3325 (b) If a registration decal is lost or stolen, the division may collect a fee of $3 for the
3326 issuance of a duplicate decal.
3327 (15) A number other than the number assigned to a motorboat or sailboat or a number
3328 for a motorboat or sailboat granted reciprocity under this chapter may not be painted, attached,
3329 or otherwise displayed on either side of the bow of a motorboat or sailboat.
3330 (16) A motorboat or sailboat registration and number are invalid if obtained by
3331 knowingly falsifying an application for registration.
3332 (17) The division may designate the suffix to assigned numbers, and by following the
3333 procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
3334 make rules for:
3335 (a) the display of registration decals;
3336 (b) the issuance and display of dealer numbers and registrations; and
3337 (c) the issuance and display of temporary registrations.
3338 (18) A violation of this section is an infraction.
3339 Section 62. Section 73-18-8 is amended to read:
3340 73-18-8. Safety equipment required to be on board vessels -- Penalties.
3341 (1) (a) Except as provided in Subsection (1)(c), each vessel shall have, for each person
3342 on board, one wearable personal flotation device that is approved for the type of use by the
3343 commandant of the United States Coast Guard.
3344 (b) Each personal flotation device shall be:
3345 (i) in serviceable condition;
3346 (ii) legally marked with the United States Coast Guard approval number; and
3347 (iii) of an appropriate size for the person for whom it is intended.
3348 (c) (i) Sailboards and racing shells are exempt from the provisions of Subsections
3349 (1)(a) and (e).
3350 (ii) The division, after [
3351 certain types of vessels from the provisions of Subsection (1)(a) under certain conditions or
3352 upon certain waters.
3353 (d) The division may require by rule, after [
3354 commission, for personal flotation devices to be worn:
3355 (i) while a person is on board a certain type of vessel;
3356 (ii) by a person under a certain age; or
3357 (iii) on certain waters of the state.
3358 (e) For vessels 16 feet or more in length, there shall also be on board one throwable
3359 personal flotation device which is approved for this use by the commandant of the United
3360 States Coast Guard.
3361 (2) The operator of a vessel operated between sunset and sunrise shall display lighted
3362 navigation lights approved by the division.
3363 (3) If a vessel is not entirely open and it carries or uses any flammable or toxic fluid in
3364 any enclosure for any purpose, the vessel shall be equipped with an efficient natural or
3365 mechanical ventilation system that is capable of removing resulting gases before and during the
3366 time the vessel is occupied by any person.
3367 (4) Each vessel shall have fire extinguishing equipment on board.
3368 (5) Any inboard gasoline engine shall be equipped with a carburetor backfire flame
3369 control device.
3370 (6) The division may, after notifying the commission:
3371 (a) require additional safety equipment by rule [
3372
3373 (b) adopt rules conforming with the requirements of this section which govern
3374 specifications for and the use of safety equipment.
3375 (7) A person may not operate or give permission for the operation of a vessel that is not
3376 equipped as required by this section or rules promulgated under this section.
3377 (8) A violation of this section is an infraction.
3378 Section 63. Section 73-18-11 is amended to read:
3379 73-18-11. Regulation of muffling devices.
3380 The division, after [
3381 the regulating of muffling devices on all vessels.
3382 Section 64. Section 73-18-13 is amended to read:
3383 73-18-13. Duties of operator involved in accident -- Notification and reporting
3384 procedures -- Use of accident reports -- Giving false information as misdemeanor.
3385 (1) As used in this section, "agent" has the same meaning as provided in Section
3386 41-6a-404.
3387 (2) (a) It is the duty of the operator of a vessel involved in an accident, if the operator
3388 can do so without seriously endangering the operator's own vessel, crew, or passengers, to
3389 render aid to those affected by the accident as may be practicable.
3390 (b) The operator shall also give the operator's name, address, and identification of the
3391 operator's vessel in writing to:
3392 (i) any person injured; or
3393 (ii) the owner of any property damaged in the accident.
3394 (c) A violation of this Subsection (2) is a class B misdemeanor.
3395 (3) (a) The division, after [
3396 rules governing the notification and reporting procedure for vessels involved in accidents.
3397 (b) The rules shall be consistent with federal requirements.
3398 (4) (a) Except as provided in Subsection (4)(b), all accident reports:
3399 (i) are protected and shall be for the confidential use of the division or other state,
3400 local, or federal agencies having use for the records for official governmental statistical,
3401 investigative, and accident prevention purposes; and
3402 (ii) may be disclosed only in a statistical form that protects the privacy of any person
3403 involved in the accident.
3404 (b) The division shall disclose a written accident report and its accompanying data to:
3405 (i) a person involved in the accident, excluding a witness to the accident;
3406 (ii) a person suffering loss or injury in the accident;
3407 (iii) an agent, parent, or legal guardian of a person described in Subsections (4)(b)(i)
3408 and (ii);
3409 (iv) a member of the press or broadcast news media;
3410 (v) a state, local, or federal agency that uses the records for official governmental,
3411 investigative, or accident prevention purposes;
3412 (vi) law enforcement personnel when acting in their official governmental capacity;
3413 and
3414 (vii) a licensed private investigator.
3415 (c) Information provided to a member of the press or broadcast news media under
3416 Subsection (4)(b)(iv) may only include:
3417 (i) the name, age, sex, and city of residence of each person involved in the accident;
3418 (ii) the make and model year of each vehicle involved in the accident;
3419 (iii) whether or not each person involved in the accident was covered by a vehicle
3420 insurance policy;
3421 (iv) the location of the accident; and
3422 (v) a description of the accident that excludes personal identifying information not
3423 listed in Subsection (4)(c)(i).
3424 (5) (a) Except as provided in Subsection (5)(c), an accident report may not be used as
3425 evidence in any civil or criminal trial, arising out of an accident.
3426 (b) Upon demand of any person who has, or claims to have, made the report, or upon
3427 demand of any court, the division shall furnish a certificate showing that a specified accident
3428 report has or has not been made to the division solely to prove a compliance or a failure to
3429 comply with the requirement that a report be made to the division.
3430 (c) Accident reports may be used as evidence when necessary to prosecute charges
3431 filed in connection with a violation of Subsection (6).
3432 (6) Any person who gives false information, knowingly or having reason to believe it is
3433 false, in an oral or written report as required in this chapter, is guilty of a class B misdemeanor.
3434 Section 65. Section 73-18-13.5 is amended to read:
3435 73-18-13.5. Motorboat accidents -- Investigation and report of operator security
3436 -- Agency action if no security -- Surrender of registration materials.
3437 (1) Upon request of a peace officer investigating an accident involving a motorboat as
3438 defined in Section 73-18c-102, the operator of the motorboat shall provide evidence of the
3439 owner's or operator's security required under Section 73-18c-301.
3440 (2) The peace officer shall record on a form approved by the division:
3441 (a) the information provided by the operator;
3442 (b) whether the operator provided insufficient or no information; and
3443 (c) whether the peace officer finds reasonable cause to believe that any information
3444 given is not correct.
3445 (3) The peace officer shall deposit all completed forms with the peace officer's agency,
3446 which shall forward the forms to the division no later than 10 days after receipt.
3447 (4) (a) The division shall revoke the registration of a motorboat as defined in Section
3448 73-18c-102 involved in an accident unless the owner or operator can demonstrate to the
3449 division compliance with the owner's or operator's security requirement of Section 73-18c-301
3450 at the time of the accident.
3451 (b) Any registration revoked shall be renewed in accordance with Section 73-18-7.
3452 (5) A person may appeal a revocation issued under Subsection (4) in accordance with
3453 procedures established by the division, after [
3454 rule that are consistent with Title 63G, Chapter 4, Administrative Procedures Act.
3455 (6) (a) Any person whose registration is revoked under Subsection (4) shall return the
3456 registration card and decals for the motorboat to the division.
3457 (b) If the person fails to return the registration materials as required, they shall be
3458 confiscated under Section 73-18-13.6.
3459 (7) The division may, after [
3460 for the enforcement of this section.
3461 (8) In this section, "evidence of owner's or operator's security" includes any one of the
3462 following:
3463 (a) the operator's:
3464 (i) insurance policy;
3465 (ii) binder notice;
3466 (iii) renewal notice; or
3467 (iv) card issued by an insurance company as evidence of insurance;
3468 (b) a copy of a surety bond, certified by the surety, which conforms to Section
3469 73-18c-102;
3470 (c) a certificate of the state treasurer issued under Section 73-18c-305; or
3471 (d) a certificate of self-funded coverage issued under Section 73-18c-306.
3472 Section 66. Section 73-18-15 is amended to read:
3473 73-18-15. Division to adopt rules concerning water skiing and aquaplane riding
3474 and use of other devices towed behind a vessel.
3475 The division, after [
3476 the regulation and safety of water skiing and aquaplane riding, and the use of other devices that
3477 are towed behind a vessel pursuant to this section and in accordance with Section 73-18-16.
3478 Section 67. Section 73-18-16 is amended to read:
3479 73-18-16. Regattas, races, exhibitions -- Rules.
3480 (1) The division may authorize the holding of regattas, motorboat or other boat races,
3481 marine parades, tournaments, or exhibitions on any waters of this state.
3482 (2) The division, after [
3483 concerning the safety of vessels and persons, either as observers or participants, that do not
3484 conflict with the provisions of Subsections (3) and (4).
3485 (3) A person may elect, at the person's own risk, to wear a non-Coast Guard approved
3486 personal floatation device if the person is on an American Water Ski Association regulation
3487 tournament slalom course and is:
3488 (a) engaged in barefoot water skiing;
3489 (b) water skiing in an American Water Ski Association regulation competition;
3490 (c) a performer participating in a professional exhibition or other tournament; or
3491 (d) practicing for an event described in Subsection (3)(b) or (c).
3492 (4) If a person is water skiing in an American Water Ski Association regulation
3493 tournament slalom course, an observer and flag are not required if the vessel is:
3494 (a) equipped with a wide angle mirror with a viewing surface of at least 48 square
3495 inches; and
3496 (b) operated by a person who is at least 18 years of age.
3497 (5) A violation of this section is an infraction.
3498 Section 68. Section 73-18a-1 is amended to read:
3499 73-18a-1. Definitions.
3500 As used in this chapter:
3501 (1) "Commission" means the Outdoor Adventure Commission.
3502 (2) "Division" means the Division of Outdoor Recreation.
3503 (3) "Human body waste" means excrement, feces, or other waste material discharged
3504 from the human body.
3505 (4) "Litter" means any bottles, glass, crockery, cans, scrap metal, junk, paper, garbage,
3506 rubbish, or similar refuse discarded as no longer useful.
3507 (5) "Marine toilet" means any toilet or other receptacle permanently installed on or
3508 within any vessel for the purpose of receiving human body waste. This term does not include
3509 portable toilets which may be removed from a vessel in order to empty its contents.
3510 (6) "Operate" means to navigate, control, or otherwise use a vessel.
3511 (7) "Operator" means the person who is in control of a vessel while it is in use.
3512 (8) "Owner" means a person, other than a lien holder, holding a proprietary interest in
3513 or the title to a vessel. The term does not include a lessee under a lease not intended as
3514 security.
3515 (9) "Vessel" means every type of watercraft, other than a seaplane on the water, used or
3516 capable of being used as a means of transportation on water.
3517 (10) "Waters of this state" means all waters within the territorial limits of this state
3518 except those used exclusively for private purposes.
3519 Section 69. Section 73-18a-4 is amended to read:
3520 73-18a-4. Marine toilets -- Pollution control devices required -- Rules established
3521 by division.
3522 (1) Every marine toilet on a vessel used or operated upon the waters of this state shall
3523 be equipped with an approved pollution control device in operative condition.
3524 (2) The division, after [
3525 in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as provided in
3526 this chapter, establishing criteria or standards for definition and approval of acceptable
3527 pollution control devices for vessels.
3528 Section 70. Section 73-18a-5 is amended to read:
3529 73-18a-5. Chemical treatment of marine toilet contents -- Rules established by
3530 division and Department of Environmental Quality.
3531 The division, after [
3532 in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, with approval
3533 by the Department of Environmental Quality, as provided in this chapter, standards relating to
3534 chemical treatment of marine toilet contents.
3535 Section 71. Section 73-18a-12 is amended to read:
3536 73-18a-12. Rules made -- Subject to approval by Department of Environmental
3537 Quality.
3538 The division, after [
3539 make rules under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which are
3540 necessary for the carrying out of duties, obligations, and powers conferred on the division by
3541 this chapter. These rules shall be subject to review and approval by the Department of
3542 Environmental Quality. This approval shall be recorded as part of the rules.
3543 Section 72. Section 73-18b-1 is amended to read:
3544 73-18b-1. Water safety rules and regulations -- Adoption.
3545 (1) The Division of Outdoor Recreation, after [
3546 Adventure Commission, may make rules necessary to promote safety in swimming, scuba
3547 diving, and related activities on any waters where public boating is permitted.
3548 (2) The Division of Outdoor Recreation may consider recommendations of and
3549 cooperate with other state agencies and the owners or operators of those waters.
3550 Section 73. Section 73-18c-102 is amended to read:
3551 73-18c-102. Definitions.
3552 As used in this chapter:
3553 (1) "Airboat" means a vessel propelled by air pressure caused by an airplane type
3554 propeller mounted above the stern and driven by an internal combustion engine.
3555 (2) "Commission" means the Outdoor Adventure Commission.
3556 (3) "Division" means the Division of Outdoor Recreation.
3557 (4) "Judgment" means any judgment that is final by:
3558 (a) expiration without appeal of the time within which an appeal might have been
3559 perfected; or
3560 (b) final affirmation on appeal, rendered by a court of competent jurisdiction of any
3561 state or of the United States, upon a cause of action for damages:
3562 (i) arising out of the ownership, maintenance, or use of any personal watercraft,
3563 including damages for care and loss of services because of bodily injury to or death of any
3564 person, or because of injury to or destruction of property including the loss of use of the
3565 property; or
3566 (ii) on a settlement agreement.
3567 (5) (a) "Motorboat" has the same meaning as defined in Section 73-18-2.
3568 (b) "Motorboat" includes personal watercraft regardless of the manufacturer listed
3569 horsepower.
3570 (c) "Motorboat" does not include:
3571 (i) a boat with a manufacturer listed horsepower of 50 horsepower or less; or
3572 (ii) an airboat.
3573 (6) "Nonresident" means any person who is not a resident of Utah.
3574 (7) "Operator" means the person who is in control of a motorboat while it is in use.
3575 (8) (a) "Owner" means a person, other than a lien holder, holding a proprietary interest
3576 in or the title to a motorboat.
3577 (b) "Owner" includes a person entitled to the use or possession of a motorboat subject
3578 to an interest by another person, reserved or created by agreement and securing payment or
3579 performance of an obligation.
3580 (c) "Owner" does not include a lessee under a lease not intended as security.
3581 (9) "Owner's or operator's security," "owner's security," or "operator's security" means
3582 any of the following:
3583 (a) an insurance policy or combination of policies conforming to Sections
3584 31A-22-1502 and 31A-22-1503, which is issued by an insurer authorized to do business in
3585 Utah;
3586 (b) a surety bond issued by an insurer authorized to do a surety business in Utah in
3587 which the surety is subject to the minimum coverage limits and other requirements of policies
3588 conforming to Sections 31A-22-1502 and 31A-22-1503, which names the division as a creditor
3589 under the bond for the use of persons entitled to the proceeds of the bond;
3590 (c) a deposit with the state treasurer of cash or securities complying with Section
3591 73-18c-305;
3592 (d) a certificate of self-funded coverage issued under Section 73-18c-306; or
3593 (e) a policy conforming to Sections 31A-22-1502 and 31A-22-1503 issued by the Risk
3594 Management Fund created in Section 63A-4-201.
3595 (10) "Personal watercraft" has the same meaning as provided in Section 73-18-2.
3596 (11) "Registration" means the issuance of the registration cards and decals issued under
3597 the laws of Utah pertaining to the registration of motorboats.
3598 (12) "Registration materials" means the evidences of motorboat registration, including
3599 all registration cards and decals.
3600 (13) "Self-insurance" has the same meaning as provided in Section 31A-1-301.
3601 (14) "Waters of the state" means any waters within the territorial limits of this state.
3602 Section 74. Section 73-18c-201 is amended to read:
3603 73-18c-201. Division to administer and enforce chapter -- Division may adopt
3604 rules.
3605 (1) (a) The division shall administer this chapter.
3606 (b) A law enforcement officer authorized under Title 53, Chapter 13, Peace Officer
3607 Classifications, may enforce this chapter in the rules made under this chapter.
3608 (2) The division, after [
3609 as necessary for the administration of this chapter in accordance with Title 63G, Chapter 3,
3610 Utah Administrative Rulemaking Act.
3611 Section 75. Section 77-2-4.3 is amended to read:
3612 77-2-4.3. Compromise of boating violations -- Limitations.
3613 (1) As used in this section:
3614 (a) "Compromise" means referral of a person charged with a boating violation to a
3615 boating safety course approved by the Division of Outdoor Recreation.
3616 (b) "Boating violation" means any charge for which bail may be forfeited in lieu of
3617 appearance, by citation or information, of a violation of Title 73, Chapter 18, State Boating
3618 Act, amounting to:
3619 (i) a class B misdemeanor;
3620 (ii) a class C misdemeanor; or
3621 (iii) an infraction.
3622 (2) Any compromise of a boating violation shall be done pursuant to a plea in abeyance
3623 agreement as provided in Title 77, Chapter 2a, Pleas in Abeyance, except:
3624 (a) when the criminal prosecution is dismissed pursuant to Section 77-2-4; or
3625 (b) when there is a plea by the defendant to and entry of a judgment by a court for the
3626 offense originally charged or for an amended charge.
3627 (3) In [
3628 Subsection (2):
3629 (a) the court, taking into consideration the offense charged, shall collect a plea in
3630 abeyance fee which shall:
3631 (i) be subject to the same surcharge as if imposed on a criminal fine;
3632 (ii) be allocated subject to the surcharge as if paid as a criminal fine under Section
3633 78A-5-110 and a surcharge under Title 51, Chapter 9, Part 4, Criminal Conviction Surcharge
3634 Allocation; and
3635 (iii) be not more than $25 greater than the bail designated in the Uniform Bail
3636 Schedule; or
3637 (b) if no plea in abeyance fee is collected, a surcharge on the fee charged for the
3638 boating safety course shall be collected, which surcharge shall:
3639 (i) be computed, assessed, collected, and remitted in the same manner as if the boating
3640 safety course fee and surcharge had been imposed as a criminal fine and surcharge; and
3641 (ii) be subject to the financial requirements contained in Title 51, Chapter 9, Part 4,
3642 Criminal Conviction Surcharge Allocation.
3643 (4) If a written plea in abeyance agreement is provided, or the defendant requests a
3644 written accounting, an itemized statement of all amounts assessed by the court shall be
3645 provided, including:
3646 (a) the Uniform Bail Schedule amount;
3647 (b) the amount of any surcharges being assessed; and
3648 (c) the amount of the plea in abeyance fee.
3649 Section 76. Section 78A-5-110 is amended to read:
3650 78A-5-110. Allocation of district court fees and forfeitures.
3651 (1) Except as provided in this section, district court fines and forfeitures collected for
3652 violation of state statutes shall be paid to the state treasurer.
3653 (2) Fines and forfeitures collected by the court for violation of a state statute or county
3654 or municipal ordinance constituting a misdemeanor or an infraction shall be remitted 1/2 to the
3655 state treasurer and 1/2 to the treasurer of the state or local governmental entity which
3656 prosecutes or which would prosecute the violation.
3657 (3) (a) Fines and forfeitures collected for violations of Title 23, Wildlife Resources
3658 Code of Utah, Title 41, Chapter 22, Off-Highway Vehicles, or Title 73, Chapter 18, State
3659 Boating Act, shall be paid to the state treasurer.
3660 (b) For violations of Title 23, Wildlife Resources Code of Utah, the state treasurer shall
3661 allocate 85% to the Division of Wildlife Resources and 15% to the General Fund.
3662 (c) For violations of Title 41, Chapter 22, Off-Highway Vehicles, or Title 73, Chapter
3663 18, State Boating Act, the state treasurer shall allocate 85% to the Division of Outdoor
3664 Recreation and 15% to the General Fund.
3665 (4) (a) The state treasurer shall allocate fines and forfeitures collected for a violation of
3666 Section 72-7-404 or 72-7-406, less fees established by the Judicial Council, to the Department
3667 of Transportation for use on class B and class C roads.
3668 (b) Fees established by the Judicial Council shall be deposited in the state General
3669 Fund.
3670 (c) Money allocated for class B and class C roads is supplemental to the money
3671 appropriated under Section 72-2-107 but shall be expended in the same manner as other class B
3672 and class C road funds.
3673 (5) (a) Fines and forfeitures collected by the court for a second or subsequent violation
3674 under Section 41-6a-1713 or Subsection 72-7-409(6)(c) shall be remitted:
3675 (i) 60% to the state treasurer to be deposited [
3676 (ii) 40% in accordance with Subsection (2).
3677 (b) Fines and forfeitures collected by the court for a second or subsequent violation
3678 under Subsection 72-7-409(6)(d) shall be remitted:
3679 (i) 50% to the state treasurer to be deposited [
3680 (ii) 50% in accordance with Subsection (2).
3681 (6) For fines and forfeitures collected by the court for a violation of Section
3682 41-6a-1302 in instances where evidence of the violation was obtained by an automated traffic
3683 enforcement safety device as described in Section 41-6a-1310, the court shall allocate 20% to
3684 the school district or private school that owns or contracts for the use of the bus, and the state
3685 treasurer shall allocate 40% to the treasurer of the state or local governmental entity that
3686 prosecutes or that would prosecute the violation, and 40% to the General Fund.
3687 (7) Fines and forfeitures collected for any violations not specified in this chapter or
3688 otherwise provided for by law shall be paid to the state treasurer.
3689 (8) Fees collected in connection with civil actions filed in the district court shall be
3690 paid to the state treasurer.
3691 (9) The court shall remit money collected in accordance with Title 51, Chapter 7, State
3692 Money Management Act.
3693 Section 77. Section 78A-7-120 is amended to read:
3694 78A-7-120. Disposition of fines.
3695 (1) Except as otherwise specified by this section, fines and forfeitures collected by a
3696 justice court shall be remitted, 1/2 to the treasurer of the local government responsible for the
3697 court and 1/2 to the treasurer of the local government which prosecutes or which would
3698 prosecute the violation. An interlocal agreement created pursuant to Title 11, Chapter 13,
3699 Interlocal Cooperation Act, related to justice courts may alter the ratio provided in this section
3700 if the parties agree.
3701 (2) (a) For violation of Title 23, Wildlife Resources Code of Utah, the court shall
3702 allocate 85% to the Division of Wildlife Resources and 15% to the general fund of the city or
3703 county government responsible for the justice court.
3704 (b) For violation of Title 41, Chapter 22, Off-Highway Vehicles, or Title 73, Chapter
3705 18, State Boating Act, the court shall allocate 85% to the Division of Outdoor Recreation and
3706 15% to the general fund of the city or county government responsible for the justice court.
3707 (c) Fines and forfeitures collected by the court for a violation of Section 41-6a-1302 in
3708 instances where evidence of the violation was obtained by an automated traffic enforcement
3709 safety device as described in Section 41-6a-1310 shall be remitted:
3710 (i) 20% to the school district or private school that owns or contracts for the use of the
3711 school bus; and
3712 (ii) 80% in accordance with Subsection (1).
3713 (3) The surcharge established by Section 51-9-401 shall be paid to the state treasurer
3714 and deposited into the General Fund.
3715 (4) Fines, fees, court costs, and forfeitures collected by a municipal or county justice
3716 court for a violation of Section 72-7-404 or 72-7-406 regarding maximum weight limitations
3717 and overweight permits, minus court costs not to exceed the schedule adopted by the Judicial
3718 Council, shall be paid to the state treasurer and allocated to the Department of Transportation
3719 for class B and class C roads.
3720 (5) Revenue allocated for class B and class C roads pursuant to Subsection (4) is
3721 supplemental to the money appropriated under Section 72-2-107 but shall be expended in the
3722 same manner as other class B and class C road funds.
3723 (6) (a) Fines and forfeitures collected by the court for a second or subsequent violation
3724 under Section 41-6a-1713 or Subsection 72-7-409(6)(c) shall be remitted:
3725 (i) 60% to the state treasurer to be deposited [
3726 (ii) 40% in accordance with Subsection (1).
3727 (b) Fines and forfeitures collected by the court for a second or subsequent violation
3728 under Subsection 72-7-409(6)(d) shall be remitted:
3729 (i) 50% to the state treasurer to be deposited [
3730 (ii) 50% in accordance with Subsection (1).
3731 Section 78. Section 79-1-104 is enacted to read:
3732 79-1-104. Application of title to wildlife issues.
3733 (1) The following may not be construed or applied to supersede or interfere with the
3734 powers and duties of the Division of Wildlife Resources or the Wildlife Board under Title 23,
3735 Wildlife Resources Code of Utah, over the activities described in Subsection (2):
3736 (a) Chapter 4, State Parks;
3737 (b) Chapter 5, Recreational Trails;
3738 (c) Chapter 7, Outdoor Recreation Act; and
3739 (d) Chapter 8, Outdoor Recreation Grants.
3740 (2) Subsection (1) applies to the powers and duties of the Division of Wildlife
3741 Resources or the Wildlife Board over:
3742 (a) conservation and management of protected wildlife within the state;
3743 (b) a program or initiative to restore and conserve habitat for fish and wildlife; or
3744 (c) acquisition, ownership, management, and control of real property or a real property
3745 interest, including a leasehold estate, an easement, a right-of-way, or a conservation easement.
3746 Section 79. Section 79-2-201 is amended to read:
3747 79-2-201. Department of Natural Resources created.
3748 (1) There is created the Department of Natural Resources.
3749 (2) The department comprises the following:
3750 (a) Board of Water Resources, created in Section 73-10-1.5;
3751 (b) Board of Oil, Gas, and Mining, created in Section 40-6-4;
3752 (c) Board of State Parks, created in Section 79-4-301;
3753 (d) Office of Energy Development, created in Section 79-6-401[
3754 (e) Wildlife Board, created in Section 23-14-2;
3755 (f) Board of the Utah Geological Survey, created in Section 79-3-301;
3756 (g) Water Development Coordinating Council, created in Section 73-10c-3;
3757 [
3758
3759 [
3760 [
3761 [
3762 [
3763 [
3764 [
3765 [
3766 [
3767 [
3768 [
3769 [
3770 (q) Utah Outdoor Recreation Infrastructure Advisory Committee, created in Section
3771 79-7-206;
3772 [
3773 advisory council's duties advising on state boating policy, authorized by Section 73-18-3.5; or
3774 (ii) an advisory council that includes in the advisory council's duties advising on
3775 off-highway vehicle use, authorized by Section 41-22-10;
3776 [
3777 [
3778 [
3779 [
3780 and
3781 [
3782 Section 80. Section 79-2-202 is amended to read:
3783 79-2-202. Executive director -- Appointment -- Removal -- Compensation --
3784 Responsibilities.
3785 (1) (a) The chief administrative officer of the department is an executive director
3786 appointed by the governor with the advice and consent of the Senate.
3787 (b) The executive director may be removed at the will of the governor.
3788 (c) The executive director shall receive a salary established by the governor within the
3789 salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
3790 (2) The executive director shall:
3791 (a) administer and supervise the department and provide for coordination and
3792 cooperation among the boards, divisions, councils, and committees of the department;
3793 (b) approve the budget of each board and division;
3794 (c) participate in regulatory proceedings as appropriate for the functions and duties of
3795 the department;
3796 (d) report at the end of each fiscal year to the governor on department, board, and
3797 division activities;
3798 (e) ensure that any training or certification required of a public official or public
3799 employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
3800 22, State Training and Certification Requirements, if the training or certification is required:
3801 (i) under this title;
3802 (ii) by the department; or
3803 (iii) by an agency or division within the department; and
3804 (f) perform other duties as provided by statute.
3805 (3) By following the procedures and requirements of Title 63J, Chapter 5, Federal
3806 Funds Procedures Act, the executive director, may accept an executive or legislative provision
3807 that is enacted by the federal government, whereby the state may participate in the distribution,
3808 disbursement, or administration of a fund or service from the federal government for purposes
3809 consistent with the powers and duties of the department.
3810 (4) (a) The executive director, in cooperation with the governmental entities having
3811 policymaking authority regarding natural resources, may engage in studies and comprehensive
3812 planning for the development and conservation of the state's natural resources.
3813 (b) The executive director shall submit any plan to the governor for review and
3814 approval.
3815 (5) The executive director may coordinate and enter agreements with other state
3816 agencies regarding state conservation efforts as defined in Section 4-46-102.
3817 Section 81. Section 79-2-206 is amended to read:
3818 79-2-206. Transition.
3819 (1) In accordance with Laws of Utah 2021 Chapter 280, the Department of Natural
3820 Resources assumes the policymaking functions, regulatory, and enforcement powers, rights,
3821 and duties of the Office of Energy Development existing on June 30, 2021.
3822 (2) (a) Rules issued by the Office of Energy Development that are in effect on June 30,
3823 2021, are not modified by Laws of Utah 2021 Chapter 280, and remain in effect until modified
3824 by the Department of Natural Resources, except that the agency administrating the rule shall be
3825 transferred to the Department of Natural Resources in the same manner as the statutory
3826 responsibility is transferred under Laws of Utah 2021 Chapter 280.
3827 (b) Rules issued by the Board of Parks and Recreation that are in effect on June 30,
3828 2021, are not modified by Laws of Utah 2021 Chapter 280, and remain in effect until modified
3829 by the appropriate entity within the Department of Natural Resources, except that the agency
3830 administrating the rule shall be transferred to the appropriate entity within the Department of
3831 Natural Resources in the same manner as the statutory responsibility is transferred under Laws
3832 of Utah 2021 Chapter 280.
3833 (c) Rules issued by the Office of Outdoor Recreation that are in effect on June 30,
3834 2022, are not modified by this bill, and remain in effect until modified by the Department of
3835 Natural Resources, except that the agency administrating the rule shall be transferred to the
3836 Department of Natural Resources in the same manner as the statutory responsibility is
3837 transferred under this bill.
3838 (3) A grant, contract, or agreement in effect on June 30, 2021, that is entered into by or
3839 issued by the Office of Energy Development remains in effect, except that:
3840 (a) the agency administrating the grant, contract, or agreement shall be transferred to
3841 the Department of Natural Resources in the same manner as the statutory responsibility is
3842 transferred under Laws of Utah 2021 Chapter 280; and
3843 (b) the grant, contract, or agreement is subject to its terms and may be terminated under
3844 the terms of the grant, contract, or agreement.
3845 (4) (a) A grant that is entered into or issued by the Utah Office of Outdoor Recreation
3846 remains in effect, except that:
3847 [
3848 administrating the grant shall be transferred to the Division of Outdoor Recreation in the same
3849 manner as the statutory responsibility is transferred under Laws of Utah 2021 Chapter 280 and
3850 this bill; and
3851 [
3852 terms of the grant.
3853 (b) In accordance with this bill, the Department of Natural Resources assumes the
3854 policymaking functions, regulatory, and enforcement powers, rights, and duties of the Office of
3855 Outdoor Recreation existing on June 30, 2022.
3856 [
3857
3858
3859
3860 [
3861 [
3862 [
3863 [
3864 [
3865
3866
3867 [
3868 [
3869
3870
3871 Section 82. Section 79-4-203 is amended to read:
3872 79-4-203. Powers and duties of division.
3873 (1) As used in this section, "real property" includes land under water, upland, and all
3874 other property commonly or legally defined as real property.
3875 (2) The Division of Wildlife Resources shall retain the power and jurisdiction
3876 conferred upon the Division of Wildlife Resources by law within state parks and on property
3877 controlled by the Division of State Parks with reference to fish and game.
3878 (3) The division shall permit multiple use of state parks and property controlled by the
3879 division for purposes such as grazing, fishing, hunting, camping, mining, and the development
3880 and utilization of water and other natural resources.
3881 (4) (a) The division may acquire real and personal property in the name of the state by
3882 all legal and proper means, including purchase, gift, devise, eminent domain, lease, exchange,
3883 or otherwise, subject to the approval of the executive director and the governor.
3884 (b) In acquiring any real or personal property, the credit of the state may not be pledged
3885 without the consent of the Legislature.
3886 (5) (a) Before acquiring any real property, the division shall notify the county
3887 legislative body of the county where the property is situated of [
3888 acquire the property.
3889 (b) If the county legislative body requests a hearing within 10 days of receipt of the
3890 notice, the division shall hold a public hearing in the county concerning the matter.
3891 (6) Acceptance of gifts or devises of land or other property is at the discretion of the
3892 division, subject to the approval of the executive director and the governor.
3893 (7) The division shall acquire property by eminent domain in the manner authorized by
3894 Title 78B, Chapter 6, Part 5, Eminent Domain.
3895 (8) (a) The division may make charges for special services and use of facilities, the
3896 income from which is available for park purposes.
3897 (b) The division may conduct and operate those services necessary for the comfort and
3898 convenience of the public.
3899 (9) (a) The division may lease or rent concessions of all lawful kinds and nature in state
3900 parks and property to persons, partnerships, and corporations for a valuable consideration upon
3901 the recommendation of the board.
3902 (b) The division shall comply with Title 63G, Chapter 6a, Utah Procurement Code, in
3903 selecting concessionaires.
3904 (10) The division shall proceed without delay to negotiate with the federal government
3905 concerning the Weber Basin and other recreation and reclamation projects.
3906 [
3907
3908 Section 83. Section 79-4-1103 is amended to read:
3909 79-4-1103. Governor's duties -- Priority of federal property.
3910 (1) During a fiscal emergency, the governor shall:
3911 (a) if financially practicable, work with the federal government to open and maintain
3912 the operation of one or more national parks, national monuments, national forests, and national
3913 recreation areas in the state, in the order established under this section; and
3914 (b) report to the speaker of the House and the president of the Senate on the need, if
3915 any, for additional appropriations to assist the division in opening and operating one or more
3916 national parks, national monuments, national forests, and national recreation areas in the state.
3917 (2) The director of the [
3918 Division of Outdoor Recreation, in consultation with the executive director of the Governor's
3919 Office of Economic Opportunity, shall determine, by rule, the priority of national parks,
3920 national monuments, national forests, and national recreation areas in the state.
3921 (3) In determining the priority described in Subsection (2), the director of the [
3922
3923 (a) economic impact of the national park, national monument, national forest, or
3924 national recreation area in the state; and
3925 (b) recreational value offered by the national park, national monument, national forest,
3926 or national recreation area.
3927 (4) The director of the [
3928
3929
3930 annually review the priority set under Subsection (2) to determine whether the priority list
3931 should be amended.
3932 Section 84. Section 79-5-102 is amended to read:
3933 79-5-102. Definitions.
3934 As used in this chapter:
3935 [
3936 [
3937 (1) "Committee" means the Utah Outdoor Recreation Infrastructure Advisory
3938 Committee created in Section 79-7-206.
3939 [
3940 [
3941 (a) muscle-powered activities, including:
3942 (i) bicycling;
3943 (ii) cross-country skiing;
3944 (iii) walking;
3945 (iv) jogging; and
3946 (v) horseback riding; and
3947 (b) uses compatible with the uses described in Subsection [
3948 of an electric assisted bicycle or motor assisted scooter, as defined in Section 41-6a-102.
3949 Section 85. Section 79-5-501 is amended to read:
3950 79-5-501. Grants -- Matching funds requirements -- Rules.
3951 (1) (a) The division, after consultation with the [
3952 grants to federal government agencies, state agencies, or local governments for the planning,
3953 acquisition, and development of trails within the state's recreational trail system with funds
3954 appropriated by the Legislature for that purpose.
3955 (b) (i) Each grant recipient must provide matching funds [
3956
3957 (ii) The division may allow a grant recipient to provide property, material, or labor in
3958 lieu of money, provided the grant recipient's contribution has a value that is equal to or greater
3959 than the grant funds received.
3960 (2) The division, after consultation with the [
3961 (a) make rules setting forth procedures and criteria for the awarding of grants for
3962 recreational trails; and
3963 (b) determine to whom grant funds shall be awarded after considering the
3964 recommendations of and after consulting with the [
3965 (3) Rules for the awarding of grants for recreational trails shall provide that:
3966 (a) each grant applicant must solicit public comment on the proposed recreational trail
3967 and submit a summary of that comment to the division;
3968 (b) each trail project for which grant funds are awarded must conform to the criteria
3969 and guidelines specified in Sections 79-5-103, 79-5-301, and 79-5-302; and
3970 (c) trail proposals that include a plan to provide employment opportunities for youth,
3971 including at-risk youth, in the development of the trail is encouraged.
3972 (4) As used in this section, "at-risk youth" means youth who:
3973 (a) are subject to environmental forces, such as poverty or family dysfunction, that may
3974 make them vulnerable to family, school, or community problems;
3975 (b) perform poorly in school or have failed to complete high school;
3976 (c) exhibit behaviors that have the potential to harm themselves or others in the
3977 community, such as truancy, use of alcohol or drugs, and associating with delinquent peers; or
3978 (d) have already engaged in behaviors harmful to themselves or others in the
3979 community.
3980 Section 86. Section 79-5-503 is amended to read:
3981 79-5-503. Bonneville Shoreline Trail Program.
3982 (1) There is created within the division the Bonneville Shoreline Trail Program.
3983 (2) The program shall be funded from the following sources:
3984 (a) appropriations made to the program by the Legislature; and
3985 (b) contributions from other public and private sources.
3986 (3) [
3987 nonlapsing.
3988 (4) The Bonneville Shoreline Trail is intended to:
3989 (a) follow on or near the old Lake Bonneville shoreline terrace near the foot of the
3990 Wasatch Mountains from Juab County through Cache County; and
3991 (b) provide continuous and safe trails.
3992 (5) (a) The program money shall be used to provide grants to local governments for the
3993 planning, development, [
3994 Bonneville Shoreline Trail.
3995 (b) Grant recipients shall provide matching funds in accordance with Section 79-5-501.
3996 Section 87. Section 79-6-302 is amended to read:
3997 79-6-302. Legislative committee review.
3998 [
3999 Public Utilities, Energy, and Technology Interim Committee shall review the state energy
4000 policy annually and propose any changes to the Legislature.
4001 Section 88. Section 79-6-505 is amended to read:
4002 79-6-505. Report to the Legislature.
4003 The office shall annually provide an electronic report to the Public Utilities, Energy,
4004 and Technology Interim Committee[
4005
4006 (1) [
4007 resulting increase in new state revenues under this part;
4008 (2) the amount of tax credits the office has granted or will grant and the time period
4009 during which the tax credits have been or will be granted; and
4010 (3) the economic impact on the state by comparing new state revenues to tax credits
4011 that have been or will be granted under this part.
4012 Section 89. Section 79-6-605 is amended to read:
4013 79-6-605. Report to the Legislature.
4014 The office shall report annually to the Public Utilities, Energy, and Technology Interim
4015 Committee[
4016
4017 (1) the office's success in attracting high cost infrastructure projects to the state and the
4018 resulting increase in infrastructure-related revenue under this part;
4019 (2) the amount of tax credits the office has granted or will grant and the time period
4020 during which the tax credits have been or will be granted; and
4021 (3) the economic impact on the state by comparing infrastructure-related revenue to tax
4022 credits that have been or will be granted under this part.
4023 Section 90. Section 79-7-102 is amended to read:
4024
4025
4026 79-7-102. Definitions.
4027 As used in this chapter:
4028 (1) "Commission" means the Outdoor Adventure Commission created in Section
4029 63C-21-201.
4030 (2) "Division" means the Division of Outdoor Recreation.
4031 Section 91. Section 79-7-103, which is renumbered from Section 63N-9-103 is
4032 renumbered and amended to read:
4033 [
4034 It is the declared policy of the state that outdoor recreation is vital to a diverse economy
4035 and a healthy community.
4036 Section 92. Section 79-7-201 is amended to read:
4037 79-7-201. Division of Outdoor Recreation -- Creation -- Purposes -- Rulemaking
4038 authority.
4039 (1) (a) There is created within the department the Division of Outdoor Recreation.
4040 (b) The division has the purpose of providing, maintaining, and coordinating motorized
4041 and nonmotorized recreation within the state as the recreation authority of the state.
4042 (2) (a) The division is under the administration and general supervision of the
4043 executive director.
4044 (b) The division shall [
4045 issues related to outdoor recreation.
4046 [
4047 [
4048 Act, the division may make rules, [
4049 authorized by this chapter[
4050 (i) regarding issues related to outdoor recreation; and
4051 (ii) after notifying the commission, except for rules made under:
4052 (A) Chapter 5, Recreational Trails; and
4053 (B) Chapter 8, Outdoor Recreation Grants.
4054 (b) [
4055 the collection of charges under Subsection 79-7-203(8).
4056 Section 93. Section 79-7-203 is amended to read:
4057 79-7-203. Powers and duties of division.
4058 (1) As used in this section, "real property" includes land under water, upland, and all
4059 other property commonly or legally defined as real property.
4060 (2) The Division of Wildlife Resources shall retain the power and jurisdiction
4061 conferred upon the Division of Wildlife Resources by law on property controlled by the
4062 division with reference to fish and game.
4063 (3) [
4064 multiple [
4065 fishing, hunting, camping, mining, and the development and use of water and other natural
4066 resources.
4067 (4) (a) The division may acquire real and personal property in the name of the state by
4068 legal and proper means, including purchase, gift, devise, eminent domain, lease, exchange, or
4069 otherwise, subject to the approval of the executive director and the governor.
4070 (b) In acquiring real or personal property, the credit of the state may not be pledged
4071 without the consent of the Legislature.
4072 (5) (a) Before acquiring any real property, the division shall notify the county
4073 legislative body of the county where the property is situated of the division's intention to
4074 acquire the property.
4075 (b) If the county legislative body requests a hearing within 10 days of receipt of the
4076 notice, the division shall hold a public hearing in the county concerning the matter.
4077 (6) Acceptance of gifts or devises of land or other property is at the discretion of the
4078 division, subject to the approval of the executive director and the governor.
4079 (7) The division shall acquire property by eminent domain in the manner authorized by
4080 Title 78B, Chapter 6, Part 5, Eminent Domain.
4081 (8) (a) The division may make charges for special services and use of facilities, the
4082 income from which is available for recreation purposes.
4083 (b) The division may conduct and operate those services necessary for the comfort and
4084 convenience of the public.
4085 (9) (a) The division may lease or rent concessions of lawful kinds and nature on
4086 property to persons, partnerships, and corporations for a valuable consideration after
4087 [
4088 (b) The division shall comply with Title 63G, Chapter 6a, Utah Procurement Code, in
4089 selecting concessionaires.
4090 (10) The division shall proceed without delay to negotiate with the federal government
4091 concerning the Weber Basin and other recreation and reclamation projects.
4092 (11) (a) The division shall coordinate with and annually report to the following
4093 regarding land acquisition and development and grants administered under this chapter or
4094 Chapter 8, Outdoor Recreation Grants:
4095 [
4096 [
4097 [
4098 (b) The report required under Subsection (11)(a) shall be in writing, made public, and
4099 include a description and the amount of any grant awarded under this chapter or Chapter 8,
4100 Outdoor Recreation Grants.
4101 (12) The division shall:
4102 (a) coordinate outdoor recreation policy, management, and promotion:
4103 (i) among state and federal agencies and local government entities in the state;
4104 (ii) with the Public Lands Policy Coordinating Office created in Section 63L-11-201, if
4105 public land is involved; and
4106 (iii) on at least a quarterly basis, with the executive director and the executive director
4107 of the Governor's Office of Economic Opportunity;
4108 (b) in cooperation with the Governor's Office of Economic Opportunity, promote
4109 economic development in the state by:
4110 (i) coordinating with outdoor recreation stakeholders;
4111 (ii) improving recreational opportunities; and
4112 (iii) recruiting outdoor recreation business;
4113 (c) promote all forms of outdoor recreation, including motorized and nonmotorized
4114 outdoor recreation;
4115 (d) recommend to the governor and Legislature policies and initiatives to enhance
4116 recreational amenities and experiences in the state and help implement those policies and
4117 initiatives;
4118 (e) in performing the division's duties, seek to ensure safe and adequate access to
4119 outdoor recreation for all user groups and for all forms of recreation;
4120 (f) develop data regarding the impacts of outdoor recreation in the state; and
4121 (g) promote the health and social benefits of outdoor recreation, especially to young
4122 people.
4123 (13) By following Title 63J, Chapter 5, Federal Funds Procedures Act, the division
4124 may:
4125 (a) seek federal grants or loans;
4126 (b) seek to participate in federal programs; and
4127 (c) in accordance with applicable federal program guidelines, administer federally
4128 funded outdoor recreation programs.
4129 (14) The division shall receive and distribute voluntary contributions collected under
4130 Section 41-1a-422 in accordance with Section 79-7-303.
4131 Section 94. Section 79-7-206 is enacted to read:
4132 79-7-206. Utah Outdoor Recreation Infrastructure Advisory Committee.
4133 (1) As used in this section, "committee" means the Utah Outdoor Recreation
4134 Infrastructure Advisory Committee created in this section.
4135 (2) (a) There is created within the division the "Utah Outdoor Recreation Infrastructure
4136 Advisory Committee" consisting of the following 17 members:
4137 (i) the director of the division, who shall act as chair of the committee;
4138 (ii) the director of the Division of State Parks, or the director of the Division of State
4139 Park's designee; and
4140 (iii) the following appointed by the executive director:
4141 (A) one nonvoting representative of a federal land agency;
4142 (B) one nonvoting representative of National Park Service's River, Trails, and
4143 Conservation Assistance Program;
4144 (C) one representative of municipal government, recommended by the Utah League of
4145 Cities and Towns;
4146 (D) one representative of county government, recommended by the Utah Association
4147 of Counties;
4148 (E) two representatives of the outdoor industry;
4149 (F) two representatives of tourism, with one focused in the hotel or lodging sector;
4150 (G) one representative of the healthcare industry;
4151 (H) one representative of multi-ability groups or programs;
4152 (I) one representative of outdoor recreation education programming;
4153 (J) one representative of nonmotorized recreation interests;
4154 (K) one representative of youth conservation or service corps organization; and
4155 (L) two representatives of motorized recreation interests.
4156 (b) At least two of the members of the committee appointed under Subsection
4157 (2)(a)(iii) shall represent rural interests.
4158 (3) (a) Except as required by Subsection (3)(b), as terms of committee members
4159 appointed under Subsection (2)(a)(iii) expire, the division shall appoint each new member or
4160 reappointed member to a four-year term.
4161 (b) Notwithstanding the requirements of Subsection (3)(a), the division shall, at the
4162 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
4163 committee members appointed under Subsection (2)(a)(iii) are staggered so that approximately
4164 half of the committee is appointed every two years.
4165 (c) The executive director may remove an appointed member of the advisory
4166 committee at any time, with or without cause.
4167 (d) When a vacancy occurs in the membership for any reason, the executive director
4168 shall appoint the replacement for the unexpired term in the same manner as the original
4169 appointment.
4170 (4) The majority of voting members of the committee constitutes a quorum and an
4171 action of the majority of voting members present when a quorum is present is action by the
4172 committee.
4173 (5) The division shall provide administrative staff support for the committee.
4174 (6) A member may not receive compensation or benefits for the member's service, but
4175 a member appointed under Subsection (2)(b) may receive per diem and travel expenses in
4176 accordance with:
4177 (a) Section 63A-3-106;
4178 (b) Section 63A-3-107; and
4179 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
4180 63A-3-107.
4181 (7) The committee shall advise and make recommendations to the division regarding:
4182 (a) nonmotorized recreational trails under Chapter 5, Recreational Trails;
4183 (b) grants issued under Chapter 8, Part 2, Recreation Restoration Infrastructure Grant
4184 Program;
4185 (c) the administration of the fund created in Section 79-8-304;
4186 (d) grants issued under Chapter 8, Part 3, Utah Children's Outdoor Recreation and
4187 Education Grant Program; and
4188 (e) grants issued under Chapter 8, Part 4, Outdoor Recreational Infrastructure Grant
4189 Program.
4190 Section 95. Section 79-7-303, which is renumbered from Section 79-4-404 is
4191 renumbered and amended to read:
4192 [
4193 Account.
4194 (1) There is created within the General Fund the "Zion National Park Support
4195 Programs Restricted Account."
4196 (2) The [
4197 funded by:
4198 (a) contributions deposited into the [
4199 Restricted Account in accordance with Section 41-1a-422;
4200 (b) private contributions; or
4201 (c) donations or grants from public or private entities.
4202 (3) The Legislature shall appropriate [
4203 Park Support Programs Restricted Account to the division.
4204 (4) The [
4205 Subsection (3) to administer account distributions in accordance with Subsections (5) and (6).
4206 (5) The division shall distribute contributions to one or more organizations that:
4207 (a) are exempt from federal income taxation under Section 501(c)(3), Internal Revenue
4208 Code;
4209 (b) operate under a written agreement with the National Park Service to provide
4210 interpretive, educational, and research activities for the benefit of Zion National Park;
4211 (c) produce and distribute educational and promotional materials on Zion National
4212 Park;
4213 (d) conduct educational courses on the history and ecosystem of the greater Zion
4214 Canyon area; and
4215 (e) provide other programs that enhance visitor appreciation and enjoyment of Zion
4216 National Park.
4217 (6) (a) An organization described in Subsection (5) may apply to the division to receive
4218 a distribution in accordance with Subsection (5).
4219 (b) An organization that receives a distribution from the division in accordance with
4220 Subsection (5) shall expend the distribution only to:
4221 (i) produce and distribute educational and promotional materials on Zion National
4222 Park;
4223 (ii) conduct educational courses on the history and ecosystem of the greater Zion
4224 Canyon area; and
4225 (iii) provide other programs that enhance visitor appreciation and enjoyment of Zion
4226 National Park.
4227 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
4228 after notifying the commission, the division may make rules providing procedures and
4229 requirements for an organization to apply to the division to receive a distribution under
4230 Subsection (5).
4231 Section 96. Section 79-8-102 is amended to read:
4232 79-8-102. Definitions.
4233 As used in this chapter:
4234 (1) "Accessible to the general public" in relation to the awarding of an infrastructure
4235 grant, means:
4236 (a) the public may use the infrastructure in accordance with federal and state
4237 regulations; and
4238 (b) no community or group retains exclusive rights to access the infrastructure.
4239 (2) "Advisory committee" means the Utah Outdoor Recreation Infrastructure Advisory
4240 Committee created in Section 79-7-206.
4241 [
4242 who are six years old or older and 18 years old or younger.
4243 [
4244 [
4245 [
4246 Natural Resources.
4247 (7) "Infrastructure grant" means an outdoor recreational infrastructure grant described
4248 in Section 79-8-401.
4249 (8) (a) "Recreational infrastructure project" means an undertaking to build or improve
4250 an approved facility or installation needed for the public to access and enjoy the state's
4251 outdoors.
4252 (b) "Recreational infrastructure project" may include the:
4253 (i) establishment, construction, or renovation of a trail, trail infrastructure, or a trail
4254 facility;
4255 (ii) construction of a project for a water-related outdoor recreational activity;
4256 (iii) development of a project for a wildlife watching opportunity, including bird
4257 watching;
4258 (iv) development of a project that provides a winter recreation amenity;
4259 (v) construction or improvement of a community park that has an amenity for outdoor
4260 recreation; and
4261 (vi) construction or improvement of a naturalistic and accessible playground.
4262 [
4263 described in Section [
4264 [
4265 including a municipality, county, or American Indian tribe, that is economically disadvantaged.
4266 (b) "Underserved [
4267 disadvantaged community where in relation to awarding a UCORE grant, the children of the
4268 community, including children with disabilities, have limited access to outdoor recreation or
4269 education programs.
4270 Section 97. Section 79-8-103 is amended to read:
4271 79-8-103. Outdoor recreation grants.
4272 To the extent money is available, the division shall administer outdoor recreation grants
4273 for the state, including grants that address:
4274 (1) outdoor recreation in general;
4275 (2) recreational trails;
4276 (3) off-highway vehicle incentives;
4277 (4) boat access and clean vessels; [
4278 (5) land, water, and conservation[
4279 (6) outdoor recreation programming.
4280 Section 98. Section 79-8-106 is amended to read:
4281 79-8-106. Outdoor Recreation Infrastructure Account -- Uses -- Costs.
4282 (1) There is created an expendable special revenue fund known as the "Outdoor
4283 Recreation Infrastructure Account," which[
4284 use to fund:
4285 (a) the Outdoor Recreational Infrastructure Grant Program created in Section
4286 [
4287 (b) [
4288 Program created in Section 79-8-202.
4289 (2) The account consists of:
4290 (a) distributions to the account under Section 59-28-103;
4291 (b) interest earned on the account;
4292 (c) appropriations made by the Legislature;
4293 (d) money from a cooperative agreement entered into with the United States
4294 Department of Agriculture or the United States Department of the Interior; and
4295 (e) private donations, grants, gifts, bequests, or money made available from any other
4296 source to implement this part.
4297 (3) The division shall, with the advice of the [
4298
4299 (4) [
4300 account.
4301 [
4302
4303
4304 (5) Interest accrued from investment of money in the account shall remain in the
4305 account.
4306 Section 99. Section 79-8-201 is amended to read:
4307 79-8-201. Definitions.
4308 As used in this part:
4309 [
4310
4311 [
4312 Program created in Section 79-8-202.
4313 [
4314 a campground, picnic area, or water recreation structure such as a dock, pier, or boat ramp that
4315 receives or has received heavy use by the public.
4316 [
4317 summer-use trail and related infrastructure that is prioritized by the advisory committee for
4318 restoration or rehabilitation to maintain usability and sustainability of trails that receive or have
4319 received high use by the public.
4320 [
4321 [
4322 or trail that has been degraded, damaged, or destroyed to its previously useful state by means of
4323 repair, modification, or alteration.
4324 Section 100. Section 79-8-202 is amended to read:
4325 79-8-202. Creation of grant program.
4326 (1) (a) There is created the "Recreation Restoration Infrastructure Grant Program"
4327 administered by the division.
4328 (b) Subject to Subsection (1)(c), 5% percent of the unencumbered amount in the [
4329 Outdoor Recreation Infrastructure Account, created in Section 79-8-106, at the beginning of
4330 each fiscal year may be used for the grant program.
4331 (c) The percentage outlined in Subsection (1)(b) may be increased or decreased at the
4332 beginning of a fiscal year if approved by the executive director after consultation with the
4333 director and the advisory committee.
4334 (2) The division may seek to accomplish the following objectives in administering the
4335 grant program:
4336 (a) rehabilitate or restore high priority trails for both motorized and nonmotorized uses;
4337 (b) rehabilitate or restore high demand recreation areas on public lands; and
4338 (c) encourage the public land entities to engage with volunteer groups to aid with
4339 portions of needed trail work.
4340 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
4341 division shall make rules, after consulting with [
4342 advisory committee, establishing the eligibility and reporting criteria for an entity to receive a
4343 recreation restoration infrastructure grant, including:
4344 (a) the form and process of submitting annual project proposals to the division for a
4345 recreation restoration infrastructure grant;
4346 (b) which entities are eligible to apply for a recreation restoration infrastructure grant;
4347 (c) specific categories of recreation restoration projects that are eligible for a recreation
4348 restoration infrastructure grant;
4349 (d) the method and formula for determining recreation restoration infrastructure grant
4350 amounts; and
4351 (e) the reporting requirements of a recipient of a recreation restoration infrastructure
4352 grant.
4353 Section 101. Section 79-8-302 is amended to read:
4354 79-8-302. Creation and purpose of the UCORE grant program.
4355 (1) There is created the Utah Children's Outdoor Recreation and Education Grant
4356 Program administered by the division.
4357 (2) The division may seek to accomplish the following objectives in administering the
4358 UCORE grant program:
4359 (a) promote the health and social benefits of outdoor recreation to the state's children;
4360 (b) encourage children to develop the skills and confidence to be physically active for
4361 life;
4362 (c) provide outdoor recreational opportunities to underserved [
4363 communities in the state; and
4364 (d) encourage hands-on outdoor or nature-based learning and play to prepare children
4365 for achievement in science, technology, engineering, and math.
4366 Section 102. Section 79-8-303 is amended to read:
4367 79-8-303. Rulemaking and requirements for awarding a UCORE grant.
4368 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
4369 division, after consulting with the [
4370 make rules establishing the eligibility and reporting criteria for an entity to receive a UCORE
4371 grant, including:
4372 (a) the form and process of submitting an application to the division for a UCORE
4373 grant;
4374 (b) which entities are eligible to apply for a UCORE grant;
4375 (c) specific categories of children's programs that are eligible for a UCORE grant;
4376 (d) the method and formula for determining grant amounts; and
4377 (e) the reporting requirements of grant recipients.
4378 (2) In determining the award of a UCORE grant, the division may prioritize a children's
4379 program that will serve an [
4380 (3) A UCORE grant may only be awarded by the executive director after consultation
4381 with the director and the [
4382 (4) The following entities may not receive a UCORE grant under this part:
4383 (a) a federal government entity;
4384 (b) a state agency, except for public schools and institutions of higher education; and
4385 (c) a for-profit entity.
4386 (5) In awarding UCORE grants, consideration shall be given to entities that implement
4387 programs that:
4388 (a) contribute to healthy and active lifestyles through outdoor recreation; and
4389 (b) include one or more of the following attributes in their programs or initiatives:
4390 (i) serve children with the greatest needs in rural, suburban, and urban areas of the
4391 state;
4392 (ii) provide students with opportunities to directly experience nature;
4393 (iii) maximize the number of children who can participate;
4394 (iv) commit matching and in-kind resources;
4395 (v) create partnerships with public and private entities;
4396 (vi) include ongoing program evaluation and assessment;
4397 (vii) [
4398 (viii) include outdoor or nature-based programming that incorporates concept learning
4399 in science, technology, engineering, or math; or
4400 (ix) [
4401 Section 103. Section 79-8-304 is amended to read:
4402 79-8-304. Utah Children's Outdoor Recreation and Education Fund -- Uses --
4403 Costs.
4404 (1) There is created an expendable special revenue fund known as the "Utah Children's
4405 Outdoor Recreation and Education Fund," which the division shall use to fund the Utah
4406 Children's Outdoor Recreation and Education Grant Program created in Section 79-8-302.
4407 (2) The fund consists of:
4408 (a) appropriations made by the Legislature;
4409 (b) interest earned on the account; and
4410 (c) private donations, grants, gifts, bequests, or money made available from any other
4411 source to implement this part.
4412 (3) The division shall, with the advice of [
4413
4414 (4) The cost of administering the fund shall be paid from money in the fund.
4415 (5) Interest accrued from investment of money in the fund shall remain in the fund.
4416 Section 104. Section 79-8-401, which is renumbered from Section 63N-9-202 is
4417 renumbered and amended to read:
4418
4419 [
4420 program.
4421 (1) There is created the Outdoor Recreational Infrastructure Grant Program
4422 administered by the [
4423 (2) The [
4424 objectives in administering the infrastructure grant program:
4425 (a) build, maintain, and promote recreational infrastructure to provide greater access to
4426 low-cost outdoor recreation for the state's citizens;
4427 (b) encourage residents and nonresidents of the state to take advantage of the beauty of
4428 Utah's outdoors;
4429 (c) encourage individuals and businesses to relocate to the state;
4430 (d) promote outdoor exercise; and
4431 (e) provide outdoor recreational opportunities to an underserved [
4432 community in the state.
4433 (3) The advisory committee shall advise and make recommendations to the [
4434
4435 Section 105. Section 79-8-402, which is renumbered from Section 63N-9-203 is
4436 renumbered and amended to read:
4437 [
4438 infrastructure grant.
4439 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
4440 after consultation with the advisory committee, the [
4441 make rules establishing the eligibility and reporting criteria for an entity to receive an
4442 infrastructure grant, including:
4443 (a) the form and process of submitting an application to the [
4444 division for an infrastructure grant;
4445 (b) which entities are eligible to apply for an infrastructure grant;
4446 (c) specific categories of recreational infrastructure projects that are eligible for an
4447 infrastructure grant;
4448 (d) the method and formula for determining grant amounts; and
4449 (e) the reporting requirements of grant recipients.
4450 (2) In determining the award of an infrastructure grant, the [
4451 division may prioritize a recreational infrastructure project that will serve an [
4452
4453 (3) An infrastructure grant may only be awarded by the executive director after
4454 consultation with the director and the [
4455 (4) The following entities may not receive an infrastructure grant under this part:
4456 (a) a federal government entity;
4457 (b) a state agency; and
4458 (c) a for-profit entity.
4459 (5) An infrastructure grant may only be awarded under this part:
4460 (a) for a recreational infrastructure project that is accessible to the general public; and
4461 (b) subject to Subsections (6) and (7), if the grant recipient agrees to provide matching
4462 funds having a value:
4463 (i) equal to or greater than the amount of the infrastructure grant[
4464 (ii) established in accordance with rules made by the division, after consultation with
4465 the advisory committee, and in accordance with Title 63G, Chapter 3, Utah Administrative
4466 Rulemaking Act.
4467 (6) Up to 50% of the grant recipient match described in Subsection (5)(b) may be
4468 provided through an in-kind contribution by the grant recipient, if:
4469 (a) approved by the executive director after consultation with the director and the [
4470
4471 (b) the in-kind donation does not include real property.
4472 (7) An infrastructure grant may not be awarded under this part if the grant, or the grant
4473 recipient match described in Subsection (5)(b), will be used for the purchase of real property or
4474 for the purchase or transfer of a conservation easement.
4475 Section 106. Repealer.
4476 This bill repeals:
4477 Section 11-38-101, Title.
4478 Section 11-38-201, Quality Growth Commission -- Term of office -- Vacancy --
4479 Organization -- Expenses -- Staff.
4480 Section 11-38-203, Commission may provide assistance to local entities.
4481 Section 63N-9-101, Title.
4482 Section 63N-9-102, Definitions.
4483 Section 63N-9-104, Creation of outdoor recreation office and appointment of
4484 director -- Responsibilities of outdoor recreation office.
4485 Section 63N-9-105, Duties of director.
4486 Section 63N-9-106, Annual report.
4487 Section 63N-9-201, Title.
4488 Section 79-5-201, Recreational Trails Advisory Council.
4489 Section 79-5-202, Council membership -- Expenses.
4490 Section 79-7-101, Title.
4491 Section 79-8-104, Annual report.
4492 Section 79-8-105, Utah Outdoor Recreation Grant Advisory Committee --
4493 Membership -- Duties -- Expenses.
4494 Section 107. Appropriation.
4495 The following sums of money are appropriated for the fiscal year beginning July 1,
4496 2022, and ending June 30, 2023. These are additions to amounts previously appropriated for
4497 fiscal year 2023. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
4498 Act, the Legislature appropriates the following sums of money from the funds or accounts
4499 indicated for the use and support of the government of the state of Utah.
4500 ITEM 1
4501 To Department of Natural Resources -- Ĥ→ [
4502 From General Fund
$130,000
4503 Schedule of Programs:
4504 Ĥ→ [
4505 The Legislature intends that the money appropriated under this item be used only for
4506 the purpose of conservation efforts in accordance with Subsection 79-2-202(5) enacted in this
4507 bill.
4508 ITEM 2
4509 To Department of Natural Resources -- Ĥ→ [
4509a Management ←Ĥ
4510 From General Fund
$150,000
4511 Schedule of Programs:
4512 Ĥ→ [
4512a $150,000
4513 The Legislature intends that the money appropriated under this item be used for the
4514 administration of the Division of Outdoor Recreation in accordance with this bill.
4515 ITEM 3
4516 To Department of Agriculture and Food -- Conservation
4517 From General Fund
$120,000
4518 Schedule of Programs:
4519 Conservation Administration $120,000
4520 The Legislature intends that the money appropriated under this item be used for
4521 conservation efforts in accordance with this bill.
4522 ITEM 4
4523 To Governor's Office of Economic Opportunity
4524 From General Fund
($338,700)
4525 Schedule of Programs:
4526 Ĥ→ [
4526a ($338,700)
4527 ITEM 5
4528 To Department of Natural Resources -- Ĥ→ [
4528a Management ←Ĥ
4529 From General Fund
$338,700
4530 Schedule of Programs:
4531 Ĥ→ [
4531a $338,700
4532 The Legislature intends that, at the close of fiscal year 2022, the Division of Finance
4533 transfer any fiscal year Ĥ→ [
4533a in Ĥ→ support of ←Ĥ the Office
4534 of Outdoor Recreation to the Department of Natural Resources - Ĥ→ [
4534a Recreation Management ←Ĥ , as fiscal
4535 year 2023 beginning nonlapsing balances.
4536 Section 108. Effective date.
4537 This bill takes effect on July 1, 2022.
4538 Section 109. Revisor instructions.
4539 The Legislature intends that the Office of Legislative Research and General Counsel, in
4540 preparing the Utah Code database for publication on July 1, 2022:
4541 (1) replace the references in Subsections 4-46-104(1)(a) and (2) from "this bill" to the
4542 bill's designated chapter number in the Laws of Utah;
4543 (2) replace the references in Subsections 79-2-206(2)(c), (4)(a)(i) and (4)(b) from "this
4544 bill" to the bill's designated chapter number in the Laws of Utah;
4545 (3) replace cross references to sections renumbered by this bill that are added to the
4546 Utah Code by legislation passed during the 2022 General Session that become law;
4547 (4) replace references to the "Division of Recreation" to the "Division of Outdoor
4548 Recreation" in any new language added to the Utah Code by legislation, other than Section
4549 79-2-206, passed during the 2022 General Session that becomes law; and
4550 (5) replace references to the "Quality Growth Commission" to the "Land Conservation
4551 Board" in any new language added to the Utah Code by legislation, other than Section
4552 4-46-104, passed during the 2022 General Session that becomes law.