Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 299 Fourth Substitute (2023GS)

Sponsor

Rep. Snider, C.

Final action

Governor Signed 3/14/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• diverts a portion of the uniform fee on certain vessels to fund boating related grants;
• creates the Utah Boating Grant Account;
• provides for the administration of a grant program by the Office of Outdoor Recreation related to the Utah Boating Grant Account;
• addresses boating safety requirements; and
• makes technical changes.

Every vote on this bill

Bill text

BOATING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Casey Snider
Senate Sponsor: 
Curtis S. Bramble
LONG TITLE
General Description:
This bill addresses boating, including financing water infrastructure related to boating.
Highlighted Provisions:
This bill:
▸ diverts a portion of the uniform fee on certain vessels to fund boating related grants;
▸ creates the Utah Boating Grant Account;
▸ provides for the administration of a grant program by the Office of Outdoor
Recreation related to the Utah Boating Grant Account;
▸ addresses boating safety requirements; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
59-2-405.2
, as last amended by Laws of Utah 2018, Chapters 166, 373
73-18-15.1
, as last amended by Laws of Utah 2016, Chapter 303
ENACTS:
73-18-22.3
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
59-2-405.2
 is amended to read:
59-2-405.2.
Definitions -- Uniform statewide fee on certain tangible personal
property -- Distribution of revenues -- Rulemaking authority -- Determining the length of
a vessel.
(1) As used in this section:
(a) (i) Except as provided in Subsection (1)(a)(ii), "all-terrain vehicle" means a motor
vehicle that:
(A) is an:
(I) all-terrain type I vehicle as defined in Section 
41-22-2
;
(II) all-terrain type II vehicle as defined in Section 
41-22-2
; or
(III) all-terrain type III vehicle as defined in Section 
41-22-2
;
(B) is required to be registered in accordance with Title 41, Chapter 22, Off-highway
Vehicles; and
(C) has:
(I) an engine with more than 150 cubic centimeters displacement;
(II) a motor that produces more than five horsepower; or
(III) an electric motor; and
(ii) notwithstanding Subsection (1)(a)(i), "all-terrain vehicle" does not include a
snowmobile.
(b) "Camper" means a camper:
(i) as defined in Section 
41-1a-102
; and
(ii) that is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
Registration.
(c) (i) "Canoe" means a vessel that:
(A) is long and narrow;
(B) has curved sides; and
(C) is tapered:
(I) to two pointed ends; or
(II) to one pointed end and is blunt on the other end; and
(ii) "canoe" includes:
(A) a collapsible inflatable canoe;
(B) a kayak;
(C) a racing shell;
(D) a rowing scull; or
(E) notwithstanding the definition of vessel in Subsection [
(1)(bb),
] 
(1)(cc),
 a canoe
with an outboard motor.
(d) "Dealer" is as defined in Section 
41-1a-102
.
(e) "Jon boat" means a vessel that:
(i) has a square bow; and
(ii) has a flat bottom.
(f) "Motor vehicle" is as defined in Section 
41-22-2
.
(g) "Other motorcycle" means a motor vehicle that:
(i) is:
(A) a motorcycle as defined in Section 
41-1a-102
; and
(B) designed primarily for use and operation over unimproved terrain;
(ii) is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
Registration; and
(iii) has:
(A) an engine with more than 150 cubic centimeters displacement; or
(B) a motor that produces more than five horsepower.
(h) (i) "Other trailer" means a portable vehicle without motive power that is primarily
used:
(A) to transport tangible personal property; and
(B) for a purpose other than a commercial purpose; and
(ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
purposes of Subsection (1)(h)(i)(B), the commission may by rule define what constitutes a
purpose other than a commercial purpose.
(i) "Outboard motor" is as defined in Section 
41-1a-102
.
(j) "Park model recreational vehicle" is as defined in Section 
41-1a-102
.
(k) "Personal watercraft" means a personal watercraft:
(i) as defined in Section 
73-18-2
; and
(ii) that is required to be registered in accordance with Title 73, Chapter 18, State
Boating Act.
(l) (i) "Pontoon" means a vessel that:
(A) is:
(I) supported by one or more floats; and
(II) propelled by either inboard or outboard power; and
(B) is not:
(I) a houseboat; or
(II) a collapsible inflatable vessel; and
(ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may by rule define the term "houseboat."
(m) "Qualifying adjustment, exemption, or reduction" means an adjustment,
exemption, or reduction:
(i) of all or a portion of a qualifying payment;
(ii) granted by a county during the refund period; and
(iii) received by a qualifying person.
(n) (i) "Qualifying payment" means the payment made:
(A) of a uniform statewide fee in accordance with this section:
(I) by a qualifying person;
(II) to a county; and
(III) during the refund period; and
(B) on an item of qualifying tangible personal property; and
(ii) if a qualifying person received a qualifying adjustment, exemption, or reduction for
an item of qualifying tangible personal property, the qualifying payment for that qualifying
tangible personal property is equal to the difference between:
(A) the payment described in this Subsection (1)(n) for that item of qualifying tangible
personal property; and
(B) the amount of the qualifying adjustment, exemption, or reduction.
(o) "Qualifying person" means a person that paid a uniform statewide fee:
(i) during the refund period;
(ii) in accordance with this section; and
(iii) on an item of qualifying tangible personal property.
(p) "Qualifying tangible personal property" means a:
(i) qualifying vehicle; or
(ii) qualifying watercraft.
(q) "Qualifying vehicle" means:
(i) an all-terrain vehicle with an engine displacement that is 100 or more cubic
centimeters but 150 or less cubic centimeters;
(ii) an other motorcycle with an engine displacement that is 100 or more cubic
centimeters but 150 or less cubic centimeters;
(iii) a small motor vehicle with an engine displacement that is 100 or more cubic
centimeters but 150 or less cubic centimeters;
(iv) a snowmobile with an engine displacement that is 100 or more cubic centimeters
but 150 or less cubic centimeters; or
(v) a street motorcycle with an engine displacement that is 100 or more cubic
centimeters but 150 or less cubic centimeters.
(r) "Qualifying watercraft" means a:
(i) canoe;
(ii) collapsible inflatable vessel;
(iii) jon boat;
(iv) pontoon;
(v) sailboat; or
(vi) utility boat.
(s) "Refund period" means the time period:
(i) beginning on January 1, 2006; and
(ii) ending on December 29, 2006.
(t) "Sailboat" means a sailboat as defined in Section 
73-18-2
.
(u) (i) "Small motor vehicle" means a motor vehicle that:
(A) is required to be registered in accordance with Title 41, Motor Vehicles; and
(B) has:
(I) an engine with 150 or less cubic centimeters displacement; or
(II) a motor that produces five or less horsepower; and
(ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may by rule develop a process for an owner of a motor vehicle to certify whether
the motor vehicle has:
(A) an engine with 150 or less cubic centimeters displacement; or
(B) a motor that produces five or less horsepower.
(v) "Snowmobile" means a motor vehicle that:
(i) is a snowmobile as defined in Section 
41-22-2
;
(ii) is required to be registered in accordance with Title 41, Chapter 22, Off-highway
Vehicles; and
(iii) has:
(A) an engine with more than 150 cubic centimeters displacement; or
(B) a motor that produces more than five horsepower.
(w) "Street-legal all-terrain vehicle" means the same as that term is defined in Section
41-6a-102
.
(x) "Street motorcycle" means a motor vehicle that:
(i) is:
(A) a motorcycle as defined in Section 
41-1a-102
; and
(B) designed primarily for use and operation on highways;
(ii) is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
Registration; and
(iii) has:
(A) an engine with more than 150 cubic centimeters displacement; or
(B) a motor that produces more than five horsepower.
(y) "Tangible personal property owner" means a person that owns an item of qualifying
tangible personal property.
(z) "Tent trailer" means a portable vehicle without motive power that:
(i) is constructed with collapsible side walls that:
(A) fold for towing by a motor vehicle; and
(B) unfold at a campsite;
(ii) is designed as a temporary dwelling for travel, recreational, or vacation use;
(iii) is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
Registration; and
(iv) does not require a special highway movement permit when drawn by a
self-propelled motor vehicle.
(aa) (i) Except as provided in Subsection (1)(aa)(ii), "travel trailer" means a travel
trailer:
(A) as defined in Section 
41-1a-102
; and
(B) that is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
Registration; and
(ii) notwithstanding Subsection (1)(aa)(i), "travel trailer" does not include:
(A) a camper; or
(B) a tent trailer.
(bb) (i) "Utility boat" means a vessel that:
(A) has:
(I) two or three bench seating;
(II) an outboard motor; and
(III) a hull made of aluminum, fiberglass, or wood; and
(B) does not have:
(I) decking;
(II) a permanent canopy; or
(III) a floor other than the hull; and
(ii) notwithstanding Subsection (1)(bb)(i), "utility boat" does not include a collapsible
inflatable vessel.
(cc) "Vessel" means a vessel:
(i) as defined in Section 
73-18-2
, including an outboard motor of the vessel; and
(ii) that is required to be registered in accordance with Title 73, Chapter 18, State
Boating Act.
(2) (a) In accordance with Utah Constitution Article XIII, Section 2, Subsection (6),
beginning on January 1, 2006, the tangible personal property described in Subsection (2)(b) is:
(i) exempt from the tax imposed by Section 
59-2-103
; and
(ii) in lieu of the tax imposed by Section 
59-2-103
, subject to uniform statewide fees as
provided in this section.
(b) The following tangible personal property applies to Subsection (2)(a) if that
tangible personal property is required to be registered with the state:
(i) an all-terrain vehicle;
(ii) a camper;
(iii) an other motorcycle;
(iv) an other trailer;
(v) a personal watercraft;
(vi) a small motor vehicle;
(vii) a snowmobile;
(viii) a street motorcycle;
(ix) a tent trailer;
(x) a travel trailer;
(xi) a park model recreational vehicle; and
(xii) a vessel if that vessel is less than 31 feet in length as determined under Subsection
[
(6)
] 
(8)
.
(3) Except as provided in Subsection (4) and for purposes of this section, the uniform
statewide fees are:
(a) for a snowmobile:
Age of Snowmobile
Uniform Statewide Fee
or more years
$10
or more years but less than 12 years
$20
or more years but less than 9 years
$30
or more years but less than 6 years
$35
Less than 3 years
$45
(b) for an all-terrain vehicle that is not a street-legal all-terrain vehicle or another
motorcycle:
 Age of All-Terrain Vehicle or Other Motorcycle Uniform
Statewide Fee 
Uniform Statewide Fee
or more years
$4
or more years but less than 12 years
$8
or more years but less than 9 years
$12
or more years but less than 6 years
$14
Less than 3 years
$18
(c) for a street-legal all-terrain vehicle:
 Age of Street-Legal All-Terrain Vehicle 
Uniform Statewide Fee
or more years
$4
or more years but less than 12 years
$14
or more years but less than 9 years
$20
or more years but less than 6 years
$28
Less than 3 years
$38
(d) for a camper or a tent trailer:
 Age of Camper or Tent Trailer
Uniform Statewide Fee
or more years
$10
or more years but less than 12 years
$25
or more years but less than 9 years
$35
or more years but less than 6 years
$50
Less than 3 years
$70
(e) for an other trailer:
 Age of Other Trailer
Uniform Statewide Fee
or more years
$10
or more years but less than 12 years
$15
or more years but less than 9 years
$20
or more years but less than 6 years
$25
Less than 3 years
$30
(f) for a personal watercraft:
 Age of Personal Watercraft
Uniform Statewide Fee
or more years
$10
or more years but less than 12 years
$25
or more years but less than 9 years
$35
or more years but less than 6 years
$45
Less than 3 years
$55
(g) for a small motor vehicle:
 Age of Small Motor Vehicle
Uniform Statewide Fee
or more years
$10
or more years but less than 6 years
$15
Less than 3 years
$25
(h) for a street motorcycle:
 Age of Street Motorcycle
Uniform Statewide Fee
or more years
$10
or more years but less than 12 years
$35
or more years but less than 9 years
$50
or more years but less than 6 years
$70
Less than 3 years
$95
(i) for a travel trailer or park model recreational vehicle:
 Age of Travel Trailer or Park Model Recreational
Vehicle
Uniform Statewide Fee
or more years
$20
or more years but less than 12 years
$65
or more years but less than 9 years
$90
or more years but less than 6 years
$135
Less than 3 years
$175
(j) $10 regardless of the age of the vessel if the vessel is:
(i) less than 15 feet in length;
(ii) a canoe;
(iii) a jon boat; or
(iv) a utility boat;
(k) for a collapsible inflatable vessel, pontoon, or sailboat, regardless of age:
 Length of Vessel
Uniform Statewide Fee
feet or more in length but less than 19 feet in length
$15
feet or more in length but less than 23 feet in length
$25
feet or more in length but less than 27 feet in length
$40
feet or more in length but less than 31 feet in length
$75
(l) for a vessel, other than a canoe, collapsible inflatable vessel, jon boat, pontoon,
sailboat, or utility boat, that is 15 feet or more in length but less than 19 feet in length:
 Age of Vessel
Uniform Statewide Fee
or more years
$25
or more years but less than 12 years
$65
or more years but less than 9 years
$80
or more years but less than 6 years
$110
Less than 3 years
$150
(m) for a vessel, other than a canoe, collapsible inflatable vessel, jon boat, pontoon,
sailboat, or utility boat, that is 19 feet or more in length but less than 23 feet in length:
 Age of Vessel
Uniform Statewide Fee
or more years
$50
or more years but less than 12 years
$120
or more years but less than 9 years
$175
or more years but less than 6 years
$220
Less than 3 years
$275
(n) for a vessel, other than a canoe, collapsible inflatable vessel, jon boat, pontoon,
sailboat, or utility boat, that is 23 feet or more in length but less than 27 feet in length:
 Age of Vessel
Uniform Statewide Fee
or more years
$100
or more years but less than 12 years
$180
or more years but less than 9 years
$240
or more years but less than 6 years
$310
Less than 3 years
$400
(o) for a vessel, other than a canoe, collapsible inflatable vessel, jon boat, pontoon,
sailboat, or utility boat, that is 27 feet or more in length but less than 31 feet in length:
 Age of Vessel
Uniform Statewide Fee
or more years
$120
or more years but less than 12 years
$250
or more years but less than 9 years
$350
or more years but less than 6 years
$500
Less than 3 years
$700
(4) For registrations under Section 
41-1a-215.5
, the uniform fee for purposes of this
section is as follows:
(a) for a street motorcycle:
 Age of Street Motorcycle
Uniform Statewide Fee
or more years
$7.75
or more years but less than 12 years
$27
or more years but less than 9 years
$38.50
or more years but less than 6 years
$54
Less than 3 years
$73
(b) for a small motor vehicle:
 Age of Small Motor Vehicle
Uniform Statewide Fee
or more years
$7.75
or more years but less than 6 years
$11.50
Less than 3 years
$19.25
(5) Notwithstanding Section 
59-2-407
, tangible personal property subject to the
uniform statewide fees imposed by this section that is brought into the state shall, as a
condition of registration, be subject to the uniform statewide fees unless all property taxes or
uniform fees imposed by the state of origin have been paid for the current calendar year.
(6) (a) [
The
] 
Except as provided in Subsection (7), the
 revenues collected in each
county from the uniform statewide fees imposed by this section shall be distributed by the
county to each taxing entity in which each item of tangible personal property subject to the
uniform statewide fees is located in the same proportion in which revenues collected from the
ad valorem property tax are distributed.
(b) Each taxing entity described in Subsection (6)(a) that receives revenues from the
uniform statewide fees imposed by this section shall distribute the revenues in the same
proportion in which revenues collected from the ad valorem property tax are distributed.
(7) The commission shall deposit 50% of the revenue collected from the statewide
uniform fee on a vessel that is imposed under this section into the Utah Boating Grant Account
created in Section 
73-18-22.3
. The remaining 50% is subject to the requirements of Subsection
(6).
[
(7)
] 
(8)
 (a) For purposes of the uniform statewide fee imposed by this section, the
length of a vessel shall be determined as provided in this Subsection [
(7).
] 
(8).
(b) (i) Except as provided in Subsection [
(7)(b)(ii)
] 
(8)(b)(ii)
, the length of a vessel
shall be measured as follows:
(A) the length of a vessel shall be measured in a straight line; and
(B) the length of a vessel is equal to the distance between the bow of the vessel and the
stern of the vessel.
(ii) Notwithstanding Subsection [
(7)(b)(i)
] 
(8)(b)(i)
, the length of a vessel may not
include the length of:
(A) a swim deck;
(B) a ladder;
(C) an outboard motor; or
(D) an appurtenance or attachment similar to Subsections [
(7)(b)(ii)(A)
] 
(8)(b)(ii)(A)
through (C) as determined by the commission by rule.
(iii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the commission may by rule define what constitutes an appurtenance or attachment similar to
Subsections [
(7)(b)(ii)(A)
] 
(8)(b)(ii)(A)
 through (C).
(c) The length of a vessel:
(i) (A) for a new vessel, is the length:
(I) listed on the manufacturer's statement of origin if the length of the vessel measured
under Subsection [
(7)(b)
] 
(8)(b)
 is equal to the length of the vessel listed on the manufacturer's
statement of origin; or
(II) listed on a form submitted to the commission by a dealer in accordance with
Subsection [
(7)(d)
] 
(8)(d)
 if the length of the vessel measured under Subsection [
(7)(b)
] 
(8)(b)
is not equal to the length of the vessel listed on the manufacturer's statement of origin; or
(B) for a vessel other than a new vessel, is the length:
(I) corresponding to the model number if the length of the vessel measured under
Subsection [
(7)(b)
] 
(8)(b)
 is equal to the length of the vessel determined by reference to the
model number; or
(II) listed on a form submitted to the commission by an owner of the vessel in
accordance with Subsection [
(7)(d)
] 
(8)(d)
 if the length of the vessel measured under
Subsection [
(7)(b)
] 
(8)(b)
 is not equal to the length of the vessel determined by reference to the
model number; and
(ii) (A) is determined at the time of the:
(I) first registration as defined in Section 
41-1a-102
 that occurs on or after January 1,
2006; or
(II) first renewal of registration that occurs on or after January 1, 2006; and
(B) may be determined after the time described in Subsection [
(7)(c)(ii)(A)
]
(8)(c)(ii)(A)
 only if the commission requests that a dealer or an owner submit a form to the
commission in accordance with Subsection [
(7)(d)
] 
(8)(d)
.
(d) (i) A form under Subsection [
(7)(c)
] 
(8)(c)
 shall:
(A) be developed by the commission;
(B) be provided by the commission to:
(I) a dealer; or
(II) an owner of a vessel;
(C) provide for the reporting of the length of a vessel;
(D) be submitted to the commission at the time the length of the vessel is determined in
accordance with Subsection [
(7)(c)(ii);
] 
(8)(c)(ii);
(E) be signed by:
(I) if the form is submitted by a dealer, that dealer; or
(II) if the form is submitted by an owner of the vessel, an owner of the vessel; and
(F) include a certification that the information set forth in the form is true.
(ii) A certification made under Subsection [
(7)(d)(i)(F)
] 
(8)(d)(i)(F)
 is considered as if
made under oath and subject to the same penalties as provided by law for perjury.
(iii) (A) A dealer or an owner that submits a form to the commission under Subsection
[
(7)(c)
] 
(8)(c)
 is considered to have given the dealer's or owner's consent to an audit or review
by:
(I) the commission;
(II) the county assessor; or
(III) the commission and the county assessor.
(B) The consent described in Subsection [
(7)(d)(iii)(A)
] 
(8)(d)(iii)(A)
 is a condition to
the acceptance of any form.
[
(8)
] 
(9)
 (a) A county that collected a qualifying payment from a qualifying person
during the refund period shall issue a refund to the qualifying person as described in Subsection
[
(8)(b)
] 
(9)(b)
 if:
(i) the difference described in Subsection [
(8)(b)
] 
(9)(b)
 is $1 or more; and
(ii) the qualifying person submitted a form in accordance with Subsections [
(8)(c)
] 
(9)(c)
 and (d).
(b) The refund amount shall be calculated as follows:
(i) for a qualifying vehicle, the refund amount is equal to the difference between:
(A) the qualifying payment the qualifying person paid on the qualifying vehicle during
the refund period; and
(B) the amount of the statewide uniform fee:
(I) for that qualifying vehicle; and
(II) that the qualifying person would have been required to pay:
(Aa) during the refund period; and
(Bb) in accordance with this section had Laws of Utah 2006, Fifth Special Session,
Chapter 3, Section 1, been in effect during the refund period; and
(ii) for a qualifying watercraft, the refund amount is equal to the difference between:
(A) the qualifying payment the qualifying person paid on the qualifying watercraft
during the refund period; and
(B) the amount of the statewide uniform fee:
(I) for that qualifying watercraft;
(II) that the qualifying person would have been required to pay:
(Aa) during the refund period; and
(Bb) in accordance with this section had Laws of Utah 2006, Fifth Special Session,
Chapter 3, Section 1, been in effect during the refund period.
(c) Before the county issues a refund to the qualifying person in accordance with
Subsection [
(8)(a)
] 
(9)(a)
 the qualifying person shall submit a form to the county to verify the
qualifying person is entitled to the refund.
(d) (i) A form under Subsection [
(8)(c) or (9)
] 
(9)(c) or (10)
 shall:
(A) be developed by the commission;
(B) be provided by the commission to the counties;
(C) be provided by the county to the qualifying person or tangible personal property
owner;
(D) provide for the reporting of the following:
(I) for a qualifying vehicle:
(Aa) the type of qualifying vehicle; and
(Bb) the amount of cubic centimeters displacement;
(II) for a qualifying watercraft:
(Aa) the length of the qualifying watercraft;
(Bb) the age of the qualifying watercraft; and
(Cc) the type of qualifying watercraft;
(E) be signed by the qualifying person or tangible personal property owner; and
(F) include a certification that the information set forth in the form is true.
(ii) A certification made under Subsection [
(8)(d)(i)(F)
] 
(9)(d)(i)(F)
 is considered as if
made under oath and subject to the same penalties as provided by law for perjury.
(iii) (A) A qualifying person or tangible personal property owner that submits a form to
a county under Subsection [
(8)(c) or (9)
] 
(9)(c) or (10)
 is considered to have given the
qualifying person's consent to an audit or review by:
(I) the commission;
(II) the county assessor; or
(III) the commission and the county assessor.
(B) The consent described in Subsection [
(8)(d)(iii)(A)
] 
(9)(d)(iii)(A)
 is a condition to
the acceptance of any form.
(e) The county shall make changes to the commission's records with the information
received by the county from the form submitted in accordance with Subsection [
(8)(c)
] 
(9)(c)
.
[
(9)
] 
(10)
 A county shall change its records regarding an item of qualifying tangible
personal property if the tangible personal property owner submits a form to the county in
accordance with Subsection [
(8)(d)
] 
(9)(d)
.
[
(10)
] 
(11)
 (a) For purposes of this Subsection [
(10)
] 
(11)
, "owner of tangible personal
property" means a person that was required to pay a uniform statewide fee:
(i) during the refund period;
(ii) in accordance with this section; and
(iii) on an item of tangible personal property subject to the uniform statewide fees
imposed by this section.
(b) A county that collected revenues from uniform statewide fees imposed by this
section during the refund period shall notify an owner of tangible personal property:
(i) of the tangible personal property classification changes made to this section
pursuant to Laws of Utah 2006, Fifth Special Session, Chapter 3, Section 1;
(ii) that the owner of tangible personal property may obtain and file a form to modify
the county's records regarding the owner's tangible personal property; and
(iii) that the owner may be entitled to a refund pursuant to Subsection [
(8)
] 
(9)
.
Section 2. Section 
73-18-15.1
 is amended to read:
73-18-15.1.
Vessel navigation and steering laws.
(1) The operator of a vessel shall maintain a proper lookout by sight and hearing at all
times to avoid the risk of collision.
(2) When the operators of two motorboats approach each other where there is risk of
collision, each operator shall alter course to the right and pass on the left side of the other.
(3) When the operators of two motorboats are crossing paths and are at risk of a
collision, the operator of the vessel that has the other vessel on its right side shall keep out of
the way and yield right-of-way if necessary.
(4) The operator of any vessel overtaking any other vessel shall keep out of the way of
the vessel being overtaken.
(5) The operator of a vessel underway shall keep out of the way of a:
(a) vessel not under command;
(b) vessel restricted in its ability to maneuver;
(c) vessel engaged in fishing; and
(d) sailing vessel.
(6) If the operator of one of two vessels is to keep out of the way, the other vessel
operator shall maintain his course and speed unless it becomes apparent the other vessel is not
taking the appropriate action.
(7) In narrow channels an operator of a vessel underway shall keep to the right of the
middle of the channel.
(8) The operator of a vessel shall proceed at a safe speed at all times so that the
operator can take proper and effective action to avoid collision and be stopped within a
distance appropriate to the prevailing circumstances or conditions.
(9) (a) When the operators of two sailboats are approaching one another so as to
involve risk of collision, one of the operators shall keep out of the way of the other as follows:
(i) when each has the wind on a different side, the operator of the vessel that has the
wind on the left side shall keep out of the way of the other;
(ii) when both have the wind on the same side, the operator of the vessel that is to the
windward shall keep out of the way of the vessel that is to leeward; and
(iii) if the operator of a vessel with the wind on the left side sees a vessel to windward
and cannot determine with certainty whether the other vessel has the wind on the left or on the
right side, the operator shall keep out of way of the other vessel.
(b) For purposes of this Subsection (9), the windward side shall be the side opposite
that on which the mainsail is carried.
(10) The operator of any vessel may not exceed a wakeless speed when within 150 feet
of:
(a) another vessel;
(b) a person in or floating on the water;
(c) a water skier being towed by another boat;
(d) a water skier that had been towed behind the operator's vessel unless the skier is
still surfing or riding in an upright stance on the wake created by the vessel;
(e) a water skier that had been towed behind another vessel and the skier is still surfing
or riding in an upright stance on the wake created by the other vessel;
(f) a shore fisherman;
(g) a launching ramp;
(h) a dock; or
(i) a designated swimming area.
(11) The operator of a motorboat is responsible for any damage or injury caused by the
wake produced by the operator's motorboat.
(12) (a) Except as provided in Subsection (12)(b) 
or (12)(c)
, the operator of a
motorboat that is less than 65 feet in length may not exceed a wakeless speed while any person
is riding upon the bow decking, gunwales, transom, seatbacks, or motor cover.
(b) Subsection (12)(a) does not apply if the motorboat is:
(i) between 16 feet and 65 feet in length; and
(ii) the motorboat is equipped with adequate rails or other safeguards to prevent a
person from falling overboard.
(c) (i) As used in this Subsection (12)(c), "v-drive vessel" means a direct or v-drive
vessel, and excludes a stern drive vessel, inboard-outboard vessel, outboard vessel, or reverse
or forward drive vessel.
(ii) An individual may sit on a backward-facing stern seat of a v-drive vessel while an
individual is behind the vessel if:
(A) the vessel is a v-drive vessel with the propeller underneath the vessel;
(B) the individual sitting in the seat is 16 years old or older;
(C) the vessel is operating at less than 15 miles per hour; and
(D) the vessel's engine is built on or after July 1, 2017, or the vessel has installed a surf
pipe or other extended exhaust system that puts exhaust in the water while under power.
(13) If a person is riding upon the bow decking of a motorboat that does not have
designed seating for passengers, the person shall straddle one of the upright supports of the
bow rail and may not block the vision of the operator.
(14) The operator of a vessel may not tow a water skier or a person on another device:
(a) unless an onboard observer, who is at least eight years of age, is designated by the
operator to watch the person being towed; or
(b) between sunset and sunrise.
(15) A person who violates this section is guilty of a class C misdemeanor. 
Section 3. Section 
73-18-22.3
 is enacted to read:
 73-18-22.3.
Utah Boating Grant Account -- Grant program administered by the
Division of Outdoor Recreation.
(1) There is created within the General Fund a restricted account known as the "Utah
Boating Grant Account."
(2) The Utah Boating Grant Account shall consist of:
(a) revenue deposited into the Utah Boating Grant Account under Subsection
59-2-405.2
(7) from the statewide uniform fee on a vessel that is less than 31 feet in length and
required to be registered with the state;
(b) legislative appropriations;
(c) contributions, grants, gifts, transfers, bequests, and donations specifically directed
to the Utah Boating Grant Account; and
(d) interest and earnings on the Utah Boating Grant Account.
(3) An entity eligible for a grant funded through the Utah Boating Grant Account is:
(a) a water conservancy district;
(b) a state agency;
(c) a county; or
(d) a municipality, as defined in Section 
10-1-104
.
(4) Subject to appropriation, money in the Utah Boating Grant Account may be used
for:
(a) construction, repair, and replacement of a publicly owned boating facility, including
a boat ramp, courtesy dock, or parking lot;
(b) resource protection of waterway shorelines to prevent or minimize erosion created
by vessel wave action;
(c) drought access mitigation;
(d) alternative access development for non-motorized vessels to decrease conflicts,
congestion, and safety concerns on existing motorboat access ramps;
(e) search and rescue equipment; and
(f) the payment of the administrative costs of the Division of Outdoor Recreation in
administering a grant under this section.
(5) The Division of Outdoor Recreation shall administer the grants under this section
pursuant to rules made, after notifying the Outdoor Adventure Commission, in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(6) The Division of Outdoor Recreation shall consult with the advisory committee
described in Section 
73-18-3.5
 before issuing a grant under this section.
Section 4. 
Effective date.
(1) Except as provided in Subsection (2), this bill takes effect on January 1, 2024.
(2) If approved by two-thirds of all the members elected to each house, the
amendments to Section 
73-18-15.1
 take effect upon approval by the governor, or the day
following the constitutional time limit of Utah Constitution, Article VII, Section 8, without the
governor's signature, or in the case of a veto, the date of veto override.