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7 LONG TITLE
8 General Description:
9 This bill addresses boating, including financing water infrastructure related to boating.
10 Highlighted Provisions:
11 This bill:
12 ▸ diverts a portion of the uniform fee on certain vessels to fund boating related grants;
13 ▸ creates the Utah Boating Grant Account;
14 ▸ provides for the administration of a grant program by the Office of Outdoor
15 Recreation related to the Utah Boating Grant Account;
16 ▸ addresses boating safety requirements; and
17 ▸ makes technical changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 This bill provides a special effective date.
22 Utah Code Sections Affected:
23 AMENDS:
24 59-2-405.2, as last amended by Laws of Utah 2018, Chapters 166, 373
25 73-18-15.1, as last amended by Laws of Utah 2016, Chapter 303
26 ENACTS:
27 73-18-22.3, Utah Code Annotated 1953
28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 59-2-405.2 is amended to read:
31 59-2-405.2. Definitions -- Uniform statewide fee on certain tangible personal
32 property -- Distribution of revenues -- Rulemaking authority -- Determining the length of
33 a vessel.
34 (1) As used in this section:
35 (a) (i) Except as provided in Subsection (1)(a)(ii), "all-terrain vehicle" means a motor
36 vehicle that:
37 (A) is an:
38 (I) all-terrain type I vehicle as defined in Section 41-22-2;
39 (II) all-terrain type II vehicle as defined in Section 41-22-2; or
40 (III) all-terrain type III vehicle as defined in Section 41-22-2;
41 (B) is required to be registered in accordance with Title 41, Chapter 22, Off-highway
42 Vehicles; and
43 (C) has:
44 (I) an engine with more than 150 cubic centimeters displacement;
45 (II) a motor that produces more than five horsepower; or
46 (III) an electric motor; and
47 (ii) notwithstanding Subsection (1)(a)(i), "all-terrain vehicle" does not include a
48 snowmobile.
49 (b) "Camper" means a camper:
50 (i) as defined in Section 41-1a-102; and
51 (ii) that is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
52 Registration.
53 (c) (i) "Canoe" means a vessel that:
54 (A) is long and narrow;
55 (B) has curved sides; and
56 (C) is tapered:
57 (I) to two pointed ends; or
58 (II) to one pointed end and is blunt on the other end; and
59 (ii) "canoe" includes:
60 (A) a collapsible inflatable canoe;
61 (B) a kayak;
62 (C) a racing shell;
63 (D) a rowing scull; or
64 (E) notwithstanding the definition of vessel in Subsection [
65 with an outboard motor.
66 (d) "Dealer" is as defined in Section 41-1a-102.
67 (e) "Jon boat" means a vessel that:
68 (i) has a square bow; and
69 (ii) has a flat bottom.
70 (f) "Motor vehicle" is as defined in Section 41-22-2.
71 (g) "Other motorcycle" means a motor vehicle that:
72 (i) is:
73 (A) a motorcycle as defined in Section 41-1a-102; and
74 (B) designed primarily for use and operation over unimproved terrain;
75 (ii) is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
76 Registration; and
77 (iii) has:
78 (A) an engine with more than 150 cubic centimeters displacement; or
79 (B) a motor that produces more than five horsepower.
80 (h) (i) "Other trailer" means a portable vehicle without motive power that is primarily
81 used:
82 (A) to transport tangible personal property; and
83 (B) for a purpose other than a commercial purpose; and
84 (ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
85 purposes of Subsection (1)(h)(i)(B), the commission may by rule define what constitutes a
86 purpose other than a commercial purpose.
87 (i) "Outboard motor" is as defined in Section 41-1a-102.
88 (j) "Park model recreational vehicle" is as defined in Section 41-1a-102.
89 (k) "Personal watercraft" means a personal watercraft:
90 (i) as defined in Section 73-18-2; and
91 (ii) that is required to be registered in accordance with Title 73, Chapter 18, State
92 Boating Act.
93 (l) (i) "Pontoon" means a vessel that:
94 (A) is:
95 (I) supported by one or more floats; and
96 (II) propelled by either inboard or outboard power; and
97 (B) is not:
98 (I) a houseboat; or
99 (II) a collapsible inflatable vessel; and
100 (ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
101 commission may by rule define the term "houseboat."
102 (m) "Qualifying adjustment, exemption, or reduction" means an adjustment,
103 exemption, or reduction:
104 (i) of all or a portion of a qualifying payment;
105 (ii) granted by a county during the refund period; and
106 (iii) received by a qualifying person.
107 (n) (i) "Qualifying payment" means the payment made:
108 (A) of a uniform statewide fee in accordance with this section:
109 (I) by a qualifying person;
110 (II) to a county; and
111 (III) during the refund period; and
112 (B) on an item of qualifying tangible personal property; and
113 (ii) if a qualifying person received a qualifying adjustment, exemption, or reduction for
114 an item of qualifying tangible personal property, the qualifying payment for that qualifying
115 tangible personal property is equal to the difference between:
116 (A) the payment described in this Subsection (1)(n) for that item of qualifying tangible
117 personal property; and
118 (B) the amount of the qualifying adjustment, exemption, or reduction.
119 (o) "Qualifying person" means a person that paid a uniform statewide fee:
120 (i) during the refund period;
121 (ii) in accordance with this section; and
122 (iii) on an item of qualifying tangible personal property.
123 (p) "Qualifying tangible personal property" means a:
124 (i) qualifying vehicle; or
125 (ii) qualifying watercraft.
126 (q) "Qualifying vehicle" means:
127 (i) an all-terrain vehicle with an engine displacement that is 100 or more cubic
128 centimeters but 150 or less cubic centimeters;
129 (ii) an other motorcycle with an engine displacement that is 100 or more cubic
130 centimeters but 150 or less cubic centimeters;
131 (iii) a small motor vehicle with an engine displacement that is 100 or more cubic
132 centimeters but 150 or less cubic centimeters;
133 (iv) a snowmobile with an engine displacement that is 100 or more cubic centimeters
134 but 150 or less cubic centimeters; or
135 (v) a street motorcycle with an engine displacement that is 100 or more cubic
136 centimeters but 150 or less cubic centimeters.
137 (r) "Qualifying watercraft" means a:
138 (i) canoe;
139 (ii) collapsible inflatable vessel;
140 (iii) jon boat;
141 (iv) pontoon;
142 (v) sailboat; or
143 (vi) utility boat.
144 (s) "Refund period" means the time period:
145 (i) beginning on January 1, 2006; and
146 (ii) ending on December 29, 2006.
147 (t) "Sailboat" means a sailboat as defined in Section 73-18-2.
148 (u) (i) "Small motor vehicle" means a motor vehicle that:
149 (A) is required to be registered in accordance with Title 41, Motor Vehicles; and
150 (B) has:
151 (I) an engine with 150 or less cubic centimeters displacement; or
152 (II) a motor that produces five or less horsepower; and
153 (ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
154 commission may by rule develop a process for an owner of a motor vehicle to certify whether
155 the motor vehicle has:
156 (A) an engine with 150 or less cubic centimeters displacement; or
157 (B) a motor that produces five or less horsepower.
158 (v) "Snowmobile" means a motor vehicle that:
159 (i) is a snowmobile as defined in Section 41-22-2;
160 (ii) is required to be registered in accordance with Title 41, Chapter 22, Off-highway
161 Vehicles; and
162 (iii) has:
163 (A) an engine with more than 150 cubic centimeters displacement; or
164 (B) a motor that produces more than five horsepower.
165 (w) "Street-legal all-terrain vehicle" means the same as that term is defined in Section
166 41-6a-102.
167 (x) "Street motorcycle" means a motor vehicle that:
168 (i) is:
169 (A) a motorcycle as defined in Section 41-1a-102; and
170 (B) designed primarily for use and operation on highways;
171 (ii) is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
172 Registration; and
173 (iii) has:
174 (A) an engine with more than 150 cubic centimeters displacement; or
175 (B) a motor that produces more than five horsepower.
176 (y) "Tangible personal property owner" means a person that owns an item of qualifying
177 tangible personal property.
178 (z) "Tent trailer" means a portable vehicle without motive power that:
179 (i) is constructed with collapsible side walls that:
180 (A) fold for towing by a motor vehicle; and
181 (B) unfold at a campsite;
182 (ii) is designed as a temporary dwelling for travel, recreational, or vacation use;
183 (iii) is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
184 Registration; and
185 (iv) does not require a special highway movement permit when drawn by a
186 self-propelled motor vehicle.
187 (aa) (i) Except as provided in Subsection (1)(aa)(ii), "travel trailer" means a travel
188 trailer:
189 (A) as defined in Section 41-1a-102; and
190 (B) that is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
191 Registration; and
192 (ii) notwithstanding Subsection (1)(aa)(i), "travel trailer" does not include:
193 (A) a camper; or
194 (B) a tent trailer.
195 (bb) (i) "Utility boat" means a vessel that:
196 (A) has:
197 (I) two or three bench seating;
198 (II) an outboard motor; and
199 (III) a hull made of aluminum, fiberglass, or wood; and
200 (B) does not have:
201 (I) decking;
202 (II) a permanent canopy; or
203 (III) a floor other than the hull; and
204 (ii) notwithstanding Subsection (1)(bb)(i), "utility boat" does not include a collapsible
205 inflatable vessel.
206 (cc) "Vessel" means a vessel:
207 (i) as defined in Section 73-18-2, including an outboard motor of the vessel; and
208 (ii) that is required to be registered in accordance with Title 73, Chapter 18, State
209 Boating Act.
210 (2) (a) In accordance with Utah Constitution Article XIII, Section 2, Subsection (6),
211 beginning on January 1, 2006, the tangible personal property described in Subsection (2)(b) is:
212 (i) exempt from the tax imposed by Section 59-2-103; and
213 (ii) in lieu of the tax imposed by Section 59-2-103, subject to uniform statewide fees as
214 provided in this section.
215 (b) The following tangible personal property applies to Subsection (2)(a) if that
216 tangible personal property is required to be registered with the state:
217 (i) an all-terrain vehicle;
218 (ii) a camper;
219 (iii) an other motorcycle;
220 (iv) an other trailer;
221 (v) a personal watercraft;
222 (vi) a small motor vehicle;
223 (vii) a snowmobile;
224 (viii) a street motorcycle;
225 (ix) a tent trailer;
226 (x) a travel trailer;
227 (xi) a park model recreational vehicle; and
228 (xii) a vessel if that vessel is less than 31 feet in length as determined under Subsection
229 [
230 (3) Except as provided in Subsection (4) and for purposes of this section, the uniform
231 statewide fees are:
232 (a) for a snowmobile:
| 233 | Age of Snowmobile | Uniform Statewide Fee | |
| 234 | 12 or more years | $10 | |
| 235 | 9 or more years but less than 12 years | $20 | |
| 236 | 6 or more years but less than 9 years | $30 | |
| 237 | 3 or more years but less than 6 years | $35 | |
| 238 | Less than 3 years | $45 | |
240 motorcycle:
| 241 | Age of All-Terrain Vehicle or Other Motorcycle Uniform Statewide Fee | Uniform Statewide Fee | |
| 242 | 12 or more years | $4 | |
| 243 | 9 or more years but less than 12 years | $8 | |
| 244 | 6 or more years but less than 9 years | $12 | |
| 245 | 3 or more years but less than 6 years | $14 | |
| 246 | Less than 3 years | $18 | |
| 248 | Age of Street-Legal All-Terrain Vehicle | Uniform Statewide Fee | |
| 249 | 12 or more years | $4 | |
| 250 | 9 or more years but less than 12 years | $14 | |
| 251 | 6 or more years but less than 9 years | $20 | |
| 252 | 3 or more years but less than 6 years | $28 | |
| 253 | Less than 3 years | $38 | |
| 255 | Age of Camper or Tent Trailer | Uniform Statewide Fee | |
| 256 | 12 or more years | $10 | |
| 257 | 9 or more years but less than 12 years | $25 | |
| 258 | 6 or more years but less than 9 years | $35 | |
| 259 | 3 or more years but less than 6 years | $50 | |
| 260 | Less than 3 years | $70 | |
| 262 | Age of Other Trailer | Uniform Statewide Fee | |
| 263 | 12 or more years | $10 | |
| 264 | 9 or more years but less than 12 years | $15 | |
| 265 | 6 or more years but less than 9 years | $20 | |
| 266 | 3 or more years but less than 6 years | $25 | |
| 267 | Less than 3 years | $30 | |
| 269 | Age of Personal Watercraft | Uniform Statewide Fee | |
| 270 | 12 or more years | $10 | |
| 271 | 9 or more years but less than 12 years | $25 | |
| 272 | 6 or more years but less than 9 years | $35 | |
| 273 | 3 or more years but less than 6 years | $45 | |
| 274 | Less than 3 years | $55 | |
| 276 | Age of Small Motor Vehicle | Uniform Statewide Fee | |
| 277 | 6 or more years | $10 | |
| 278 | 3 or more years but less than 6 years | $15 | |
| 279 | Less than 3 years | $25 | |
| 281 | Age of Street Motorcycle | Uniform Statewide Fee | |
| 282 | 12 or more years | $10 | |
| 283 | 9 or more years but less than 12 years | $35 | |
| 284 | 6 or more years but less than 9 years | $50 | |
| 285 | 3 or more years but less than 6 years | $70 | |
| 286 | Less than 3 years | $95 | |
| 288 | Age of Travel Trailer or Park Model Recreational Vehicle | Uniform Statewide Fee | |
| 289 | 12 or more years | $20 | |
| 290 | 9 or more years but less than 12 years | $65 | |
| 291 | 6 or more years but less than 9 years | $90 | |
| 292 | 3 or more years but less than 6 years | $135 | |
| 293 | Less than 3 years | $175 | |
295 (i) less than 15 feet in length;
296 (ii) a canoe;
297 (iii) a jon boat; or
298 (iv) a utility boat;
299 (k) for a collapsible inflatable vessel, pontoon, or sailboat, regardless of age:
| 300 | Length of Vessel | Uniform Statewide Fee | |
| 301 | 15 feet or more in length but less than 19 feet in length | $15 | |
| 302 | 19 feet or more in length but less than 23 feet in length | $25 | |
| 303 | 23 feet or more in length but less than 27 feet in length | $40 | |
| 304 | 27 feet or more in length but less than 31 feet in length | $75 |
306 sailboat, or utility boat, that is 15 feet or more in length but less than 19 feet in length:
| 307 | Age of Vessel | Uniform Statewide Fee | |
| 308 | 12 or more years | $25 | |
| 309 | 9 or more years but less than 12 years | $65 | |
| 310 | 6 or more years but less than 9 years | $80 | |
| 311 | 3 or more years but less than 6 years | $110 | |
| 312 | Less than 3 years | $150 | |
314 sailboat, or utility boat, that is 19 feet or more in length but less than 23 feet in length:
| 315 | Age of Vessel | Uniform Statewide Fee | |
| 316 | 12 or more years | $50 | |
| 317 | 9 or more years but less than 12 years | $120 | |
| 318 | 6 or more years but less than 9 years | $175 | |
| 319 | 3 or more years but less than 6 years | $220 | |
| 320 | Less than 3 years | $275 | |
322 sailboat, or utility boat, that is 23 feet or more in length but less than 27 feet in length:
| 323 | Age of Vessel | Uniform Statewide Fee | |
| 324 | 12 or more years | $100 | |
| 325 | 9 or more years but less than 12 years | $180 | |
| 326 | 6 or more years but less than 9 years | $240 | |
| 327 | 3 or more years but less than 6 years | $310 | |
| 328 | Less than 3 years | $400 | |
330 sailboat, or utility boat, that is 27 feet or more in length but less than 31 feet in length:
| 331 | Age of Vessel | Uniform Statewide Fee | |
| 332 | 12 or more years | $120 | |
| 333 | 9 or more years but less than 12 years | $250 | |
| 334 | 6 or more years but less than 9 years | $350 | |
| 335 | 3 or more years but less than 6 years | $500 | |
| 336 | Less than 3 years | $700 | |
338 section is as follows:
339 (a) for a street motorcycle:
| 340 | Age of Street Motorcycle | Uniform Statewide Fee | |
| 341 | 12 or more years | $7.75 | |
| 342 | 9 or more years but less than 12 years | $27 | |
| 343 | 6 or more years but less than 9 years | $38.50 | |
| 344 | 3 or more years but less than 6 years | $54 | |
| 345 | Less than 3 years | $73 | |
| 347 | Age of Small Motor Vehicle | Uniform Statewide Fee | |
| 348 | 6 or more years | $7.75 | |
| 349 | 3 or more years but less than 6 years | $11.50 | |
| 350 | Less than 3 years | $19.25 | |
352 uniform statewide fees imposed by this section that is brought into the state shall, as a
353 condition of registration, be subject to the uniform statewide fees unless all property taxes or
354 uniform fees imposed by the state of origin have been paid for the current calendar year.
355 (6) (a) [
356 county from the uniform statewide fees imposed by this section shall be distributed by the
357 county to each taxing entity in which each item of tangible personal property subject to the
358 uniform statewide fees is located in the same proportion in which revenues collected from the
359 ad valorem property tax are distributed.
360 (b) Each taxing entity described in Subsection (6)(a) that receives revenues from the
361 uniform statewide fees imposed by this section shall distribute the revenues in the same
362 proportion in which revenues collected from the ad valorem property tax are distributed.
363 (7) The commission shall deposit 50% of the revenue collected from the statewide
364 uniform fee on a vessel that is imposed under this section into the Utah Boating Grant Account
365 created in Section 73-18-22.3. The remaining 50% is subject to the requirements of Subsection
366 (6).
367 [
368 length of a vessel shall be determined as provided in this Subsection [
369 (b) (i) Except as provided in Subsection [
370 shall be measured as follows:
371 (A) the length of a vessel shall be measured in a straight line; and
372 (B) the length of a vessel is equal to the distance between the bow of the vessel and the
373 stern of the vessel.
374 (ii) Notwithstanding Subsection [
375 include the length of:
376 (A) a swim deck;
377 (B) a ladder;
378 (C) an outboard motor; or
379 (D) an appurtenance or attachment similar to Subsections [
380 through (C) as determined by the commission by rule.
381 (iii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
382 the commission may by rule define what constitutes an appurtenance or attachment similar to
383 Subsections [
384 (c) The length of a vessel:
385 (i) (A) for a new vessel, is the length:
386 (I) listed on the manufacturer's statement of origin if the length of the vessel measured
387 under Subsection [
388 statement of origin; or
389 (II) listed on a form submitted to the commission by a dealer in accordance with
390 Subsection [
391 is not equal to the length of the vessel listed on the manufacturer's statement of origin; or
392 (B) for a vessel other than a new vessel, is the length:
393 (I) corresponding to the model number if the length of the vessel measured under
394 Subsection [
395 model number; or
396 (II) listed on a form submitted to the commission by an owner of the vessel in
397 accordance with Subsection [
398 Subsection [
399 model number; and
400 (ii) (A) is determined at the time of the:
401 (I) first registration as defined in Section 41-1a-102 that occurs on or after January 1,
402 2006; or
403 (II) first renewal of registration that occurs on or after January 1, 2006; and
404 (B) may be determined after the time described in Subsection [
405 (8)(c)(ii)(A) only if the commission requests that a dealer or an owner submit a form to the
406 commission in accordance with Subsection [
407 (d) (i) A form under Subsection [
408 (A) be developed by the commission;
409 (B) be provided by the commission to:
410 (I) a dealer; or
411 (II) an owner of a vessel;
412 (C) provide for the reporting of the length of a vessel;
413 (D) be submitted to the commission at the time the length of the vessel is determined in
414 accordance with Subsection [
415 (E) be signed by:
416 (I) if the form is submitted by a dealer, that dealer; or
417 (II) if the form is submitted by an owner of the vessel, an owner of the vessel; and
418 (F) include a certification that the information set forth in the form is true.
419 (ii) A certification made under Subsection [
420 made under oath and subject to the same penalties as provided by law for perjury.
421 (iii) (A) A dealer or an owner that submits a form to the commission under Subsection
422 [
423 by:
424 (I) the commission;
425 (II) the county assessor; or
426 (III) the commission and the county assessor.
427 (B) The consent described in Subsection [
428 the acceptance of any form.
429 [
430 during the refund period shall issue a refund to the qualifying person as described in Subsection
431 [
432 (i) the difference described in Subsection [
433 (ii) the qualifying person submitted a form in accordance with Subsections [
434 (9)(c) and (d).
435 (b) The refund amount shall be calculated as follows:
436 (i) for a qualifying vehicle, the refund amount is equal to the difference between:
437 (A) the qualifying payment the qualifying person paid on the qualifying vehicle during
438 the refund period; and
439 (B) the amount of the statewide uniform fee:
440 (I) for that qualifying vehicle; and
441 (II) that the qualifying person would have been required to pay:
442 (Aa) during the refund period; and
443 (Bb) in accordance with this section had Laws of Utah 2006, Fifth Special Session,
444 Chapter 3, Section 1, been in effect during the refund period; and
445 (ii) for a qualifying watercraft, the refund amount is equal to the difference between:
446 (A) the qualifying payment the qualifying person paid on the qualifying watercraft
447 during the refund period; and
448 (B) the amount of the statewide uniform fee:
449 (I) for that qualifying watercraft;
450 (II) that the qualifying person would have been required to pay:
451 (Aa) during the refund period; and
452 (Bb) in accordance with this section had Laws of Utah 2006, Fifth Special Session,
453 Chapter 3, Section 1, been in effect during the refund period.
454 (c) Before the county issues a refund to the qualifying person in accordance with
455 Subsection [
456 qualifying person is entitled to the refund.
457 (d) (i) A form under Subsection [
458 (A) be developed by the commission;
459 (B) be provided by the commission to the counties;
460 (C) be provided by the county to the qualifying person or tangible personal property
461 owner;
462 (D) provide for the reporting of the following:
463 (I) for a qualifying vehicle:
464 (Aa) the type of qualifying vehicle; and
465 (Bb) the amount of cubic centimeters displacement;
466 (II) for a qualifying watercraft:
467 (Aa) the length of the qualifying watercraft;
468 (Bb) the age of the qualifying watercraft; and
469 (Cc) the type of qualifying watercraft;
470 (E) be signed by the qualifying person or tangible personal property owner; and
471 (F) include a certification that the information set forth in the form is true.
472 (ii) A certification made under Subsection [
473 made under oath and subject to the same penalties as provided by law for perjury.
474 (iii) (A) A qualifying person or tangible personal property owner that submits a form to
475 a county under Subsection [
476 qualifying person's consent to an audit or review by:
477 (I) the commission;
478 (II) the county assessor; or
479 (III) the commission and the county assessor.
480 (B) The consent described in Subsection [
481 the acceptance of any form.
482 (e) The county shall make changes to the commission's records with the information
483 received by the county from the form submitted in accordance with Subsection [
484 [
485 personal property if the tangible personal property owner submits a form to the county in
486 accordance with Subsection [
487 [
488 property" means a person that was required to pay a uniform statewide fee:
489 (i) during the refund period;
490 (ii) in accordance with this section; and
491 (iii) on an item of tangible personal property subject to the uniform statewide fees
492 imposed by this section.
493 (b) A county that collected revenues from uniform statewide fees imposed by this
494 section during the refund period shall notify an owner of tangible personal property:
495 (i) of the tangible personal property classification changes made to this section
496 pursuant to Laws of Utah 2006, Fifth Special Session, Chapter 3, Section 1;
497 (ii) that the owner of tangible personal property may obtain and file a form to modify
498 the county's records regarding the owner's tangible personal property; and
499 (iii) that the owner may be entitled to a refund pursuant to Subsection [
500 Section 2. Section 73-18-15.1 is amended to read:
501 73-18-15.1. Vessel navigation and steering laws.
502 (1) The operator of a vessel shall maintain a proper lookout by sight and hearing at all
503 times to avoid the risk of collision.
504 (2) When the operators of two motorboats approach each other where there is risk of
505 collision, each operator shall alter course to the right and pass on the left side of the other.
506 (3) When the operators of two motorboats are crossing paths and are at risk of a
507 collision, the operator of the vessel that has the other vessel on its right side shall keep out of
508 the way and yield right-of-way if necessary.
509 (4) The operator of any vessel overtaking any other vessel shall keep out of the way of
510 the vessel being overtaken.
511 (5) The operator of a vessel underway shall keep out of the way of a:
512 (a) vessel not under command;
513 (b) vessel restricted in its ability to maneuver;
514 (c) vessel engaged in fishing; and
515 (d) sailing vessel.
516 (6) If the operator of one of two vessels is to keep out of the way, the other vessel
517 operator shall maintain his course and speed unless it becomes apparent the other vessel is not
518 taking the appropriate action.
519 (7) In narrow channels an operator of a vessel underway shall keep to the right of the
520 middle of the channel.
521 (8) The operator of a vessel shall proceed at a safe speed at all times so that the
522 operator can take proper and effective action to avoid collision and be stopped within a
523 distance appropriate to the prevailing circumstances or conditions.
524 (9) (a) When the operators of two sailboats are approaching one another so as to
525 involve risk of collision, one of the operators shall keep out of the way of the other as follows:
526 (i) when each has the wind on a different side, the operator of the vessel that has the
527 wind on the left side shall keep out of the way of the other;
528 (ii) when both have the wind on the same side, the operator of the vessel that is to the
529 windward shall keep out of the way of the vessel that is to leeward; and
530 (iii) if the operator of a vessel with the wind on the left side sees a vessel to windward
531 and cannot determine with certainty whether the other vessel has the wind on the left or on the
532 right side, the operator shall keep out of way of the other vessel.
533 (b) For purposes of this Subsection (9), the windward side shall be the side opposite
534 that on which the mainsail is carried.
535 (10) The operator of any vessel may not exceed a wakeless speed when within 150 feet
536 of:
537 (a) another vessel;
538 (b) a person in or floating on the water;
539 (c) a water skier being towed by another boat;
540 (d) a water skier that had been towed behind the operator's vessel unless the skier is
541 still surfing or riding in an upright stance on the wake created by the vessel;
542 (e) a water skier that had been towed behind another vessel and the skier is still surfing
543 or riding in an upright stance on the wake created by the other vessel;
544 (f) a shore fisherman;
545 (g) a launching ramp;
546 (h) a dock; or
547 (i) a designated swimming area.
548 (11) The operator of a motorboat is responsible for any damage or injury caused by the
549 wake produced by the operator's motorboat.
550 (12) (a) Except as provided in Subsection (12)(b) or (12)(c), the operator of a
551 motorboat that is less than 65 feet in length may not exceed a wakeless speed while any person
552 is riding upon the bow decking, gunwales, transom, seatbacks, or motor cover.
553 (b) Subsection (12)(a) does not apply if the motorboat is:
554 (i) between 16 feet and 65 feet in length; and
555 (ii) the motorboat is equipped with adequate rails or other safeguards to prevent a
556 person from falling overboard.
557 (c) (i) As used in this Subsection (12)(c), "v-drive vessel" means a direct or v-drive
558 vessel, and excludes a stern drive vessel, inboard-outboard vessel, outboard vessel, or reverse
559 or forward drive vessel.
560 (ii) An individual may sit on a backward-facing stern seat of a v-drive vessel while an
561 individual is behind the vessel if:
562 (A) the vessel is a v-drive vessel with the propeller underneath the vessel;
563 (B) the individual sitting in the seat is 16 years old or older;
564 (C) the vessel is operating at less than 15 miles per hour; and
565 (D) the vessel's engine is built on or after July 1, 2017, or the vessel has installed a surf
566 pipe or other extended exhaust system that puts exhaust in the water while under power.
567 (13) If a person is riding upon the bow decking of a motorboat that does not have
568 designed seating for passengers, the person shall straddle one of the upright supports of the
569 bow rail and may not block the vision of the operator.
570 (14) The operator of a vessel may not tow a water skier or a person on another device:
571 (a) unless an onboard observer, who is at least eight years of age, is designated by the
572 operator to watch the person being towed; or
573 (b) between sunset and sunrise.
574 (15) A person who violates this section is guilty of a class C misdemeanor.
575 Section 3. Section 73-18-22.3 is enacted to read:
576 73-18-22.3. Utah Boating Grant Account -- Grant program administered by the
577 Division of Outdoor Recreation.
578 (1) There is created within the General Fund a restricted account known as the "Utah
579 Boating Grant Account."
580 (2) The Utah Boating Grant Account shall consist of:
581 (a) revenue deposited into the Utah Boating Grant Account under Subsection
582 59-2-405.2(7) from the statewide uniform fee on a vessel that is less than 31 feet in length and
583 required to be registered with the state;
584 (b) legislative appropriations;
585 (c) contributions, grants, gifts, transfers, bequests, and donations specifically directed
586 to the Utah Boating Grant Account; and
587 (d) interest and earnings on the Utah Boating Grant Account.
588 (3) An entity eligible for a grant funded through the Utah Boating Grant Account is:
589 (a) a water conservancy district;
590 (b) a state agency;
591 (c) a county; or
592 (d) a municipality, as defined in Section 10-1-104.
593 (4) Subject to appropriation, money in the Utah Boating Grant Account may be used
594 for:
595 (a) construction, repair, and replacement of a publicly owned boating facility, including
596 a boat ramp, courtesy dock, or parking lot;
597 (b) resource protection of waterway shorelines to prevent or minimize erosion created
598 by vessel wave action;
599 (c) drought access mitigation;
600 (d) alternative access development for non-motorized vessels to decrease conflicts,
601 congestion, and safety concerns on existing motorboat access ramps;
602 (e) search and rescue equipment; and
603 (f) the payment of the administrative costs of the Division of Outdoor Recreation in
604 administering a grant under this section.
605 (5) The Division of Outdoor Recreation shall administer the grants under this section
606 pursuant to rules made, after notifying the Outdoor Adventure Commission, in accordance with
607 Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
608 (6) The Division of Outdoor Recreation shall consult with the advisory committee
609 described in Section 73-18-3.5 before issuing a grant under this section.
610 Section 4. Effective date.
611 (1) Except as provided in Subsection (2), this bill takes effect on January 1, 2024.
612 (2) If approved by two-thirds of all the members elected to each house, the
613 amendments to Section 73-18-15.1 take effect upon approval by the governor, or the day
614 following the constitutional time limit of Utah Constitution, Article VII, Section 8, without the
615 governor's signature, or in the case of a veto, the date of veto override.