Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 147 (2025GS)

Sponsor

Rep. Shipp, Rex P.

Final action

House/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• exempts an owner or operator of certain vessels from requirements related to invasive species and launching or operating the vessel on waters of the state;
• addresses vessels owned by government agencies;
• modifies provisions related to collection of annual aquatic invasive species fees, including repealing outdated language; and
• makes technical changes.

Every vote on this bill

Bill text

6
23A-10-101
23A-10-201
23A-10-304
73-18-25.3
Aquatic Invasive Species Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Rex P. Shipp
LONG TITLE
General Description:
This bill addresses requirements to operate or launch a vessel.
Highlighted Provisions:
This bill:
defines terms;
exempts an owner or operator of certain vessels from requirements related to invasive 
species and launching or operating the vessel on waters of the state; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
23A-10-101
, as renumbered and amended by Laws of Utah 2023, Chapter 103
23A-10-201
, as last amended by Laws of Utah 2023, Chapter 244 and renumbered and 
amended by Laws of Utah 2023, Chapter 103
23A-10-304
, as last amended by Laws of Utah 2023, Chapter 244 and renumbered and 
amended by Laws of Utah 2023, Chapter 103
73-18-25.3
, as enacted by Laws of Utah 2023, Chapter 244
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
23A-10-101
 is amended to read:
23A-10-101. Definitions.
As used in this chapter:
(1)
(a)
"Conveyance" means a terrestrial or aquatic vehicle or a vehicle part that may 
carry or contain a Dreissena mussel.
(b)
"Conveyance" includes a motor vehicle, a vessel, a motorboat, a sailboat, a personal 
watercraft, a container, a trailer, a live well, or a bilge area.
(2)
"Decontaminate" means to:
(a)
drain and dry non-treated water; and
(b)
chemically or thermally treat in accordance with rule.
(3)
"Dreissena mussel" means a mussel of the genus Dreissena at any life stage, including a 
zebra mussel, a quagga mussel, and Conrad's false mussel.
(4)
"Equipment" means an article, tool, implement, or device capable of carrying or 
containing:
(a)
water; or
(b)
a Dreissena mussel.
(5)
"Facility" means a structure that is located within or adjacent to a water body.
(6)
"Infested water" means a geographic region, water body, facility, or water supply 
system within or outside the state that the Wildlife Board identifies in rule as carrying or 
containing a Dreissena mussel.
(7)
"Inflatable motorboat" means a motorboat that is inflated before the motorboat is used 
or capable of being used as a means of transportation on water.
(8)
"Motorboat" means the same as that term is defined in Section 
73-18-2
.
(9)
"Nonmotorized vessel" means a vessel that is propelled on water solely by human 
power.
(7)
(10)
"Vessel" means the same as that term is defined in Section 
73-18-2
.
(8)
(11)
"Water body" means natural or impounded surface water, including a stream, 
river, spring, lake, reservoir, pond, wetland, tank, and fountain.
(9)
(12)
(a)
"Water supply system" means a system that treats, conveys, or distributes 
water for irrigation, industrial, waste water treatment, or culinary use.
(b)
"Water supply system" includes a pump, canal, ditch, or pipeline.
(c)
"Water supply system" does not include a water body.
Section 2, Section 
23A-10-201
 is amended to read:
23A-10-201. Invasive species prohibited -- Administrative inspection authorized.
(1)
Except as authorized in this title or a Wildlife Board rule or order, a person may not:
(a)
possess, import, export, ship, or transport a Dreissena mussel;
(b)
release, place, plant, or cause to be released, placed, or planted a Dreissena mussel in 
a water body, facility, or water supply system;
(c)
transport a conveyance or equipment that has been in an infested water within the 
previous 30 days without decontaminating the conveyance or equipment; or
(d)
unless exempt under Subsection 
23A-10-304(3)
, 
launch or operate a vessel on the 
waters of the state without first:
(i)
paying an aquatic invasive species fee required by Subsection 
23A-10-304(1)
 or 
(2)
; and
(ii)
displaying an aquatic invasive species decal in accordance with Subsection 
(6)
.
(2)
Except as provided in Subsection 
(3)
, a person who violates Subsection 
(1)
:
(a)
is strictly liable;
(b)
is guilty of an infraction; and
(c)
shall reimburse the state for the costs associated with detaining, quarantining, and 
decontaminating the conveyance or equipment.
(3)
A person who knowingly or intentionally violates Subsection 
(1)
 is guilty of a class A 
misdemeanor.
(4)
A person may not proceed past or travel through an inspection station or administrative 
checkpoint, as described in Section 
23A-10-301
, while transporting a conveyance during 
an inspection station's or administrative checkpoint's hours of operations without 
presenting the conveyance for inspection.
(5)
A person who violates Subsection 
(4)
 is guilty of a class B misdemeanor.
(6)
(a)
(i)
The division shall provide a resident person who pays the aquatic invasive 
species fee required by Subsection 
23A-10-304(1)(a)
 an aquatic invasive species 
decal to be displayed on the vessel for which the aquatic invasive species fee is 
paid.
(ii)
The division shall provide a nonresident person who pays the aquatic invasive 
species fee required by Subsection 
23A-10-304(2)(a)
 an aquatic invasive species 
decal to be displayed on the vessel for which the aquatic invasive species fee is 
paid.
(b)
A person shall display the aquatic invasive species decal obtained under this 
Subsection 
(6)
 on the bow of the vessel's port side six inches aft of the vessel's 
registration decal.
Section 3, Section 
23A-10-304
 is amended to read:
23A-10-304. Aquatic invasive species fee -- Launching or operating a vessel -- 
Rulemaking.
(1)
(a)
Except as described in Subsection 
(3)
, there is imposed an annual resident aquatic 
invasive species fee of $20 on a vessel required to be registered under Section 
73-18-7
.
(b)
The division shall:
(i)
collect the aquatic invasive species fee imposed under Subsection 
(1)(a)
:
(A)
in cooperation with the Division of Outdoor Recreation and in conjunction 
with the registration process described in Section 
73-18-7
; or
(B)
through a division process if the vessel owner elects to not pay the aquatic 
invasive species fee in conjunction with the registration process;
(ii)
deposit the aquatic invasive species fee into the Aquatic Invasive Species 
Interdiction Account created in Section 
23A-3-211
79-2-706
; and
(iii)
administer the aquatic invasive species fee in accordance with this section.
(c)
The aquatic invasive species fee imposed under this Subsection 
(1)
 is in addition to 
and is separate from a registration fee described in Section 
73-18-7
.
(2)
(a)
Except as provided in Subsection 
(3)
, there is imposed an annual nonresident 
aquatic invasive species fee of $25 on a vessel to launch or operate a vessel in waters 
of this state if:
(i)
the vessel is owned by a nonresident; and
(ii)
the vessel would otherwise be subject to registration requirements under Section 
73-18-7
 if the vessel were owned by a resident of this state.
(b)
The division shall:
(i)
collect and administer an aquatic invasive species fee described in Subsection 
(2)(a)
 in accordance with this section; and
(ii)
deposit the aquatic invasive species fee collected under this Subsection 
(2)
 into 
the Aquatic Invasive Species Interdiction Account created in Section 
23A-3-211
79-2-706
.
(3)
(a)
Subsections 
(1)
 and 
(2)
 do not apply if the vessel is owned and operated by a state 
or federal government agency and the vessel is used within the course and scope of 
the duties of the agency.
(b)
A resident or nonresident owner of a nonmotorized vessel or inflatable motorboat is 
exempt from the requirements of this section before launching or operating a 
nonmotorized vessel or inflatable motorboat on the waters of this state only if the 
nonmotorized vessel or inflatable motorboat is being launched or operated in a 
geographic region, water body, facility, or water supply system that is not infested 
water.
(4)
Before launching or operating a vessel on the waters of this state:
(a)
(i)
a resident shall pay the aquatic invasive species fee as described in Subsection 
(1)
; and
(ii)
a nonresident shall pay the aquatic invasive species fee as described in Subsection 
(2)
; and 
(b)
the resident or nonresident vessel owner shall successfully complete an aquatic 
invasive species education course offered by the division.
(5)
Notwithstanding the fee amount described in Subsections 
(1)
 and 
(2)
, the Wildlife 
Board may increase resident and nonresident aquatic invasive species fees assessed 
under this section, so long as:
(a)
the aquatic invasive species fee for nonresidents described in Subsection 
(2)
 is no 
less than the resident aquatic invasive species fee described in Subsection 
(1)
; and
(b)
the aquatic invasive species fee is confirmed in the legislative fee schedule.
(6)
In accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the 
Wildlife Board may make rules establishing procedures for:
(a)
proof of payment and other methods of verifying compliance with this section;
(b)
special requirements applicable on interstate water bodies in this state; and
(c)
other provisions necessary for the administration of the program.
Section 4, Section 
73-18-25.3
 is amended to read:
73-18-25.3. Collection of the aquatic invasive species fee.
(1)
A person who applies for a vessel registration or registration renewal under Section 
73-18-7
 may pay the aquatic invasive species fee required under Section 
23A-10-304
 at 
the time of registration or registration renewal. If the Division of Motor Vehicles 
collects the registration fee and a person elects to pay the aquatic invasive species fee at 
the same time, the payment of the aquatic invasive species fee under this section shall be:
(a)
collected by the Division of Motor Vehicles;
(b)
treated as a separate fee and not part of the registration fee; and
(c)
deposited into the Aquatic Invasive Species Interdiction Account created in Section 
23A-3-211
79-2-706
, less actual administrative costs associated with collecting and 
transferring the aquatic invasive species fee by the Division of Motor Vehicles.
(2)
Notwithstanding Section 
41-1a-116
, the Division of Motor Vehicles shall report to the 
Division of Wildlife Resources identifying information regarding a person who pays the 
aquatic invasive species fee so that the Division of Wildlife Resources may provide a 
decal to that person in accordance with Subsection 
23A-10-201(6)
.
Section 5. 
Effective date.
This bill takes effect on 
May 7, 2025
.
1-8-25 4:21 PM