Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 439 (2025GS)

Sponsor

Rep. Chew, Scott H.

Final action

Governor Signed 3/24/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines the term "off-highway vehicle facility";
• allows the Division of Outdoor Recreation to award upfront cash grants from the Off-highway Vehicle Account for projects in counties of the third through sixth class; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

33
41-22-2
41-22-19
0
Outdoor Recreation Revisions
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Scott H. Chew
Senate Sponsor: Derrin R. Owens
LONG TITLE
General Description:
This bill addresses provisions related to the Off-highway Vehicle Account administered by 
the Division of Outdoor Recreation.
Highlighted Provisions:
This bill:
defines the term "off-highway vehicle facility";
allows the Division of Outdoor Recreation to award upfront cash grants from the 
Off-highway Vehicle Account for projects in counties of the third through sixth class; 
and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
41-22-2
, as last amended by Laws of Utah 2024, Chapter 242
41-22-19
, as last amended by Laws of Utah 2023, Chapter 11 and last amended by 
Coordination Clause, Laws of Utah 2023, Chapter 33
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
41-22-2
 is amended to read:
41-22-2
. Definitions.
As used in this chapter:
(1)
"Advisory council" means an advisory council appointed by the Division of Outdoor 
Recreation that has within the advisory council's duties advising on policies related to 
the use of off-highway vehicles.
(2)
"All-terrain type I vehicle" means any motor vehicle 52 inches or less in width, having 
an unladen dry weight of 1,500 pounds or less, traveling on three or more low pressure 
tires, having a seat designed to be straddled by the operator, and designed for or capable 
of travel over unimproved terrain.
(3)
(a)
"All-terrain type II vehicle" means any motor vehicle 80 inches or less in width, 
traveling on four or more low pressure tires, having a steering wheel, non-straddle 
seating, a rollover protection system, and designed for or capable of travel over 
unimproved terrain, and is:
(i)
an electric-powered vehicle; or
(ii)
a vehicle powered by an internal combustion engine and has an unladen dry 
weight of 3,500 pounds or less.
(b)
"All-terrain type II vehicle" does not include golf carts, any vehicle designed to carry 
a person with a disability, any vehicle not specifically designed or modified primarily 
for recreational use on unimproved terrain, or farm tractors as defined under Section 
41-1a-102
.
(4)
(a)
"All-terrain type III vehicle" means any other motor vehicle, not defined in 
Subsection (2), (3), 
(12)
(13)
, or 
(22)
(23)
, designed for or capable of travel over 
unimproved terrain.
(b)
"All-terrain type III vehicle" does not include golf carts, any vehicle designed to 
carry a person with a disability, any vehicle not specifically designed or modified 
primarily for recreational use on unimproved terrain, or farm tractors as defined 
under Section 
41-1a-102
.
(5)
"Commission" means the Outdoor Adventure Commission.
(6)
"Cross-country" means across natural terrain and off an existing highway, road, route, 
or trail.
(7)
"Dealer" means a person engaged in the business of selling off-highway vehicles at 
wholesale or retail.
(8)
"Division" means the Division of Outdoor Recreation.
(9)
"Low pressure tire" means any pneumatic tire six inches or more in width designed for 
use on wheels with rim diameter of 14 inches or less and utilizing an operating pressure 
of 10 pounds per square inch or less as recommended by the vehicle manufacturer.
(10)
"Manufacturer" means a person engaged in the business of manufacturing off-highway 
vehicles.
(11)
(a)
"Motor vehicle" means every vehicle which is self-propelled.
(b)
"Motor vehicle" includes an off-highway vehicle.
(12)
"Motorcycle" means every motor vehicle having a saddle for the use of the operator 
and designed to travel on not more than two tires.
(13)
"Off-highway implement of husbandry" means every all-terrain type I vehicle, 
all-terrain type II vehicle, all-terrain type III vehicle, motorcycle, or snowmobile that is 
used by the owner or the owner's agent for agricultural operations.
(14)
"Off-highway vehicle" means any snowmobile, all-terrain type I vehicle, all-terrain 
type II vehicle, all-terrain type III vehicle, or motorcycle.
(15)
(a)
"Off-highway vehicle facility" means a facility or area designated for use by an 
off-highway vehicle.
(b)
"Off-highway vehicle facility" includes a trail, trailhead, storage shed, water and 
electric infrastructure, or other infrastructure that provides or increases access to an 
area designated for use by an off-highway vehicle.
(15)
(16)
"Operate" means to control the movement of or otherwise use an off-highway 
vehicle.
(16)
(17)
"Operator" means the person who is in actual physical control of an off-highway 
vehicle.
(17)
(18)
"Organized user group" means an off-highway vehicle organization incorporated 
as a nonprofit corporation in the state under Title 16, Chapter 6a, Utah Revised 
Nonprofit Corporation Act, for the purpose of promoting the interests of off-highway 
vehicle recreation.
(18)
(19)
"Owner" means a person, other than a person with a security interest, having a 
property interest or title to an off-highway vehicle and entitled to the use and possession 
of that vehicle.
(19)
(20)
"Public land" means land owned or administered by any federal or state agency 
or any political subdivision of the state.
(20)
(21)
"Register" means the act of assigning a registration number to an off-highway 
vehicle.
(21)
(22)
"Roadway" is used as defined in Section 
41-6a-102
.
(22)
(23)
"Snowmobile" means any motor vehicle designed for travel on snow or ice and 
steered and supported in whole or in part by skis, belts, cleats, runners, or low pressure 
tires, and equipped with a saddle or seat for the use of the rider.
(23)
(24)
"Street or highway" means the entire width between boundary lines of every way 
or place of whatever nature, when any part of it is open to the use of the public for 
vehicular travel.
(24)
(25)
"Street-legal all-terrain vehicle" or "street-legal ATV" has the same meaning as 
defined in Section 
41-6a-102
.
Section 2, Section 
41-22-19
 is amended to read:
41-22-19
. Off-highway Vehicle Account -- Deposit and use of funds -- Grants 
and matching funds.
(1)
(a)
Except as provided under Subsections 
(3)
 through 
(5)
 and Sections 
41-22-34
 and 
41-22-36
, registration fees and related money collected by the Motor Vehicle 
Division or any agencies designated to act for the Motor Vehicle Division under this 
chapter shall be deposited as restricted revenue into the Off-highway Vehicle 
Account in the General Fund less the costs incurred by the Motor Vehicle Division 
for collecting off-highway vehicle registration fees.
(b)
The balance of the money may be used by the division:
(i)
for the construction, improvement, operation, acquisition, or maintenance of 
publicly owned or administered off-highway vehicle facilities, including public 
access facilities;
(ii)
for the mitigation of impacts associated with off-highway vehicle use;
(iii)
for the education of off-highway vehicle users;
(iv)
for off-highway vehicle access protection;
(v)
to support off-highway vehicle search and rescue activities and programs;
(vi)
to promote and encourage off-highway vehicle tourism;
(vii)
for other uses that further the policy set forth in Section 
41-22-1
;
(viii)
as grants or matching funds with a federal agency, state agency, political 
subdivision of the state, or organized user group for any of the uses described in 
Subsections 
(1)(b)(i)
 through 
(vii)
; and
(ix)
for the administration and enforcement of this chapter.
(2)
(a)
An agency or political subdivision requesting matching funds shall submit plans 
for proposed off-highway vehicle facilities to the division for review and approval.
(b)
The division may award an upfront grant from the Off-highway Vehicle Account to 
cover the entire projected cost of a project or program to:
(i)
a political subdivision of the state that:
(A)
is a county of the third through sixth class; and
(B)
submits a plan for a project or program consistent with a use described in 
Subsection 
(1)(b)
; and
(ii)
an organized user group or agency that submits a plan for a project or program:
(A)
located in a county of the third through sixth class; and
(B)
consistent with a use described in Subsection 
(1)(b)
.
(c)
In awarding a grant under Subsection 
(2)(b)
, the division may evaluate a grant 
application submitted on or after January 1, 2025.
(3)
(a)
One dollar and 50 cents of each annual registration fee collected under Subsection 
41-22-8(1)
 and each off-highway vehicle user fee collected under Subsection 
41-22-35(2)
 shall be deposited into the Land Grant Management Fund created under 
Section 
53C-3-101
.
(b)
The Utah School and Institutional Trust Lands Administration shall use the money 
deposited under Subsection 
(3)(a)
 for costs associated with off-highway vehicle use 
of legally accessible lands within its jurisdiction as follows:
(i)
to improve recreational opportunities on trust lands by constructing, improving, 
maintaining, or perfecting access for off-highway vehicle trails; and
(ii)
to mitigate impacts associated with off-highway vehicle use.
(c)
An unused balance of the money deposited under Subsection 
(3)(a)
 exceeding 
$350,000 at the end of each fiscal year shall be deposited 
in
into
 the Off-highway 
Vehicle Account under Subsection 
(1)
.
(4)
One dollar of each off-highway vehicle registration fee collected under Subsection 
41-22-8(1)
 shall be deposited into the Utah Highway Patrol Aero Bureau Restricted 
Account created in Section 
53-8-303
.
(5)
(a)
The Motor Vehicle Division shall collect a fee for any new or replacement license 
plate issued under this chapter.
(b)
The fee described in Subsection 
(5)(a)
 shall be an amount equal to the fee for a new 
or replacement license plate as established 
pursuant to
in accordance with
 Section 
63J-1-504
.
(c)
The Motor Vehicle Division shall deposit the fee described in Subsection 
(5)(a)
 into 
the License Plate Restricted Account created under Section 
41-1a-122
.
(6)
In accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the 
division, after notifying the commission, shall make rules as necessary to implement this 
section.
Section 3. 
Effective Date.
This bill takes effect:
(1)
except as provided in Subsection (2), 
May 7, 2025
; or
(2)
if approved by two-thirds of all members elected to each house:
(a)
upon approval by the governor;
(b)
without the governor's signature, the day following the constitutional time limit of 
Utah Constitution, Article VII, Section 8; or
(c)
in the case of a veto, the date of veto override.
3-13-25 1:15 PM