Senator Scott D. Sandall proposes the following substitute bill:


1     
AQUATIC INVASIVE SPECIES AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Scott D. Sandall

5     
House Sponsor: Calvin R. Musselman

6     

7     LONG TITLE
8     General Description:
9          This bill addresses aquatic invasive species issues.
10     Highlighted Provisions:
11          This bill:
12          ▸     requires the payment of a fee and display of an aquatic invasive species decal before
13     launching or operating a vessel;
14          ▸     addresses the display of an aquatic invasive species decal obtained by payment of a
15     fee;
16          ▸     addresses the imposition of resident and nonresident fees, including:
17               •     clarifying that a resident aquatic invasive species fee is separate from a
18     registration fee; and
19               •     addressing collections by the Division of Motor Vehicles;
20          ▸     requires certain vessel owners to complete an education course;
21          ▸     repeals outdated language and certain language related to the resident aquatic
22     invasive species fee; and
23          ▸     makes technical and conforming amendments.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          This bill provides a special effective date.
28     Utah Code Sections Affected:
29     AMENDS:
30          23-27-201, as last amended by Laws of Utah 2014, Chapter 274
31          23-27-304, as enacted by Laws of Utah 2020, Chapter 195
32          23-27-305, as enacted by Laws of Utah 2020, Chapter 195
33     ENACTS:
34          73-18-25.3, Utah Code Annotated 1953
35     REPEALS:
36          73-18-26, as last amended by Laws of Utah 2020, Chapter 195
37     

38     Be it enacted by the Legislature of the state of Utah:
39          Section 1. Section 23-27-201 is amended to read:
40          23-27-201. Invasive species prohibited -- Administrative inspection authorized --
41     Decal.
42          (1) Except as authorized in this title or a board rule or order, a person may not:
43          (a) possess, import, export, ship, or transport a Dreissena mussel;
44          (b) release, place, plant, or cause to be released, placed, or planted a Dreissena mussel
45     in a water body, facility, or water supply system; [or]
46          (c) transport a conveyance or equipment that has been in an infested water within the
47     previous 30 days without decontaminating the conveyance or equipment[.]; or
48          (d) launch or operate a vessel on the waters of the state without first:
49          (i) paying an aquatic invasive species fee required by Subsection 23-27-304(1) or (2);
50     and
51          (ii) displaying an aquatic invasive species decal in accordance with Subsection (6).
52          (2) A person who violates Subsection (1):
53          (a) is strictly liable;
54          (b) is guilty of an infraction; and
55          (c) shall reimburse the state for all costs associated with detaining, quarantining, and
56     decontaminating the conveyance or equipment.
57          (3) A person who knowingly or intentionally violates Subsection (1) is guilty of a class
58     A misdemeanor.
59          (4) A person may not proceed past or travel through an inspection station or
60     administrative checkpoint, as described in Section 23-27-301, while transporting a conveyance
61     during an inspection station's or administrative checkpoint's hours of operations without
62     presenting the conveyance for inspection.
63          (5) A person who violates Subsection (4) is guilty of a class B misdemeanor.
64          (6) (a) (i) The division shall provide a resident person who pays the aquatic invasive
65     species fee required by Subsection 23-27-304(1)(a) an aquatic invasive species decal to be
66     displayed on the vessel for which the aquatic invasive species fee is paid.
67          (ii) The division shall provide a nonresident person who pays the aquatic invasive
68     species fee required by Subsection 23-27-304(2)(a) an aquatic invasive species decal to be
69     displayed on the vessel for which the aquatic invasive species fee is paid.
70          (b) A person shall display the aquatic invasive species decal obtained under this
71     Subsection (6) on the bow of the vessel's port side six inches aft of the vessel's registration
72     decal.
73          Section 2. Section 23-27-304 is amended to read:
74          23-27-304. Aquatic invasive species fee.
75          (1) (a) Except as described in Subsection (3), there is imposed an annual resident
76     aquatic invasive species fee of $20 on a vessel required to be registered under Section 73-18-7.
77          (b) The division shall:
78          (i) collect the aquatic invasive species fee imposed under Subsection (1)(a):
79          (A) in cooperation with the Division of Outdoor Recreation and in conjunction with
80     the registration process described in Section 73-18-7; or
81          (B) through a division process if the vessel owner elects to not pay the aquatic invasive
82     species fee in conjunction with the registration process;
83          (ii) deposit the aquatic invasive species fee into the Aquatic Invasive Species
84     Interdiction Account created in Section 23-27-305; and
85          (iii) administer the aquatic invasive species fee in accordance with this section.
86          (c) The aquatic invasive species fee imposed under this Subsection (1) is in addition to
87     and is separate from a registration fee described in Section 73-18-7.
88          (2) (a) Except as provided in Subsection [(1)(b)] (3), there is imposed an annual
89     nonresident aquatic invasive species fee of [$20] $25 on each vessel [in order] to launch or
90     operate a vessel in waters of this state if:
91          (i) the vessel is owned by a nonresident; and
92          (ii) the vessel would otherwise be subject to registration requirements under Section
93     73-18-7 if the vessel were owned by a resident of this state.
94          [(b) The provisions of Subsection (1)(a) do not apply if the vessel is owned and
95     operated by a state or federal government agency and the vessel is used within the course and
96     scope of the duties of the agency.]
97          [(c) The division shall administer and collect the fee described in Subsection (1)(a),
98     and the fee shall be deposited into the Aquatic Invasive Species Interdiction Account created in
99     Section 23-27-305.]
100          (b) The division shall:
101          (i) collect and administer an aquatic invasive species fee described in Subsection (2)(a)
102     in accordance with this section; and
103          (ii) deposit the aquatic invasive species fee collected under this Subsection (2) into the
104     Aquatic Invasive Species Interdiction Account created in Section 23-27-305.
105          [(2)] (3) Subsections (1) and (2) do not apply if the vessel is owned and operated by a
106     state or federal government agency and the vessel is used within the course and scope of the
107     duties of the agency.
108          (4) Before launching or operating a vessel on the waters of this state[,]:
109          (a) (i) a resident shall pay the aquatic invasive species fee as described in Subsection
110     (1); and
111          (ii) a nonresident shall pay the aquatic invasive species fee as described in Subsection
112     [(1),] (2); and
113          (b) the resident or nonresident vessel owner shall successfully complete an aquatic
114     invasive species education course offered by the division.
115          [(3) (a) The division shall study options and feasability of implementing an automated
116     system capable of scanning, photographing, and providing real-time information regarding a
117     conveyance's or equipment's:]
118          [(i) last entry into a body of water; and]
119          [(ii) last decontamination.]
120          [(b) The study described in Subsection (3)(a) shall evaluate the system's capability of:]
121          [(i) operation with or without the use or supervision of personnel;]
122          [(ii) operation 24 hours per day;]
123          [(iii) capturing a state assigned number on a vessel or conveyance as described in
124     Section 73-18-6;]
125          [(iv) preserving photographic evidence of:]
126          [(A) a conveyance's state assigned bow number;]
127          [(B) a conveyance's or equipment's entry into a body of water, including the global
128     positioning system location of where the conveyance is photographed; and]
129          [(C) decontamination of the conveyance or equipment;]
130          [(v) identifying a conveyance or equipment not owned by a resident that is entering a
131     body of water in this state; and]
132          [(vi) collecting the fee described in Subsection (1).]
133          [(c) The division shall present a report of the study and findings described in
134     Subsections (3)(a) and (b) to the Natural Resources, Agriculture, and Environment Interim
135     Committee before November 30, 2020.]
136          [(d) Based on the findings of the study described in this Subsection (3), the division
137     shall implement a pilot program to provide the services described in this Subsection (3) on or
138     before May 1, 2021.]
139          [(4)] (5) [The] Notwithstanding the fee amount described in Subsections (1) and (2),
140     the board may increase resident and nonresident aquatic invasive species fees assessed under
141     [Subsection (1)] this section, so long as:
142          (a) the aquatic invasive species fee for nonresidents described in Subsection [(1)] (2)
143     is no less than the resident aquatic invasive species fee described in [Section 73-18-26]
144     Subsection (1); and
145          (b) the aquatic invasive species fee is confirmed in the legislative fee schedule.
146          [(5)] (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
147     Act, the board may make rules establishing procedures for:
148          (a) proof of payment and other methods of verifying compliance with this section;
149          (b) special requirements applicable on interstate water bodies in this state; and
150          (c) other provisions necessary for the administration of the program.
151          Section 3. Section 23-27-305 is amended to read:
152          23-27-305. Aquatic Invasive Species Interdiction Account.
153          (1) There is created within the General Fund a restricted account known as the
154     "Aquatic Invasive Species Interdiction Account."
155          (2) The [restricted account] Aquatic Invasive Species Interdiction Account shall consist
156     of:
157          (a) nonresident aquatic invasive species fees collected under [Section 23-27-304]
158     Subsection 23-27-304(2);
159          (b) resident aquatic invasive species fees collected under [Section 73-18-26]
160     Subsection 23-27-304(1); and
161          (c) any other amount deposited in the restricted account from donations,
162     appropriations, contractual agreements, and accrued interest.
163          (3) Upon appropriation, the division shall use the aquatic invasive species fees
164     collected under [Sections 23-27-305 and 73-18-26] Subsections 23-27-304(1) and (2) and
165     deposited in the Aquatic Invasive Species Account to fund aquatic invasive species prevention
166     and containment efforts.
167          Section 4. Section 73-18-25.3 is enacted to read:
168          73-18-25.3. Collection of the aquatic invasive species fee.
169          (1) A person who applies for a vessel registration or registration renewal under Section
170     73-18-7 may pay the aquatic invasive species fee required under Section 23-27-304 at the time
171     of registration or registration renewal. If the Division of Motor Vehicles collects the
172     registration fee and a person elects to pay the aquatic invasive species fee at the same time, the
173     payment of the aquatic invasive species fee under this section shall be:
174          (a) collected by the Division of Motor Vehicles;
175          (b) treated as a separate fee and not part of the registration fee; and
176          (c) deposited into the Aquatic Invasive Species Interdiction Account created in Section
177     23-27-305, less actual administrative costs associated with collecting and transferring the
178     aquatic invasive species fee by the Division of Motor Vehicles.
179          (2) Notwithstanding Section 41-1a-116, the Division of Motor Vehicles shall report to
180     the Division of Wildlife Resources identifying information regarding a person who pays the
181     aquatic invasive species fee so that the Division of Wildlife Resources may provide a decal to
182     that person in accordance with Subsection 23-27-201(6).
183          Section 5. Repealer.
184          This bill repeals:
185          Section 73-18-26, Resident aquatic invasive species fee -- Amount -- Deposit.
186          Section 6. Effective date.
187          This bill takes effect on July 1, 2023.