H.B. 444
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: B. Hess 6
6 02-10-23 1:26 PM 6
H.B. 444
1 RECREATIONAL VEHICLE GRANT PROGRAM
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jeffrey D. Stenquist
5 Senate Sponsor: ____________
6
7LONG TITLE
8General Description:
9 This bill creates the Recreational Vehicle Grant Program and establishes funding for the
10program through associated fees.
11Highlighted Provisions:
12 This bill:
13 <defines terms;
14 <requires the State Tax Commission to charge, at the time of recreational vehicle
15registration, the Recreational Vehicle Grant Program fee, to provide revenue for the
16Recreational Vehicle Grant Program;
17 <creates the Recreational Vehicle Account and requires the State Tax Commission to
18deposit certain funds;
19 <creates the Recreational Vehicle Grant Program within the Division of Outdoor
20Recreation;
21 <creates the Recreational Vehicle Grant Advisory Committee and sets committee
22rules and procedures;
23 <provides the Division of Outdoor Recreation with rulemaking authority related to
24the Recreational Vehicle Grant Program; and
25 <makes technical changes.
26Money Appropriated in this Bill:
27 None
*HB0444* H.B. 444 02-10-23 1:26 PM
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28Other Special Clauses:
29 This bill provides a special effective date.
30Utah Code Sections Affected:
31AMENDS:
32 59-2-405.2, as last amended by Laws of Utah 2018, Chapters 166, 373
33 79-7-102, as last amended by Laws of Utah 2022, Chapter 68
34ENACTS:
35 41-1a-1226, Utah Code Annotated 1953
36 79-7-501, Utah Code Annotated 1953
37 79-7-502, Utah Code Annotated 1953
38 79-7-503, Utah Code Annotated 1953
39 79-7-504, Utah Code Annotated 1953
40
41Be it enacted by the Legislature of the state of Utah:
42 Section 1. Section 41-1a-1226 is enacted to read:
43 41-1a-1226. Recreational Vehicle Grant Program fee.
44 (1) In addition to the applicable registration fees described in Subsection 41-1a-1206,
45the commission shall collect, at the time of registration, the Recreational Vehicle Grant
46Program fee from a person registering a recreational vehicle.
47 (2) The funds collected by the commission in Subsection (1) shall be deposited into the
48Recreational Vehicle Account created in Subsection 79-7-502.
49 (3) (a) Subject to Subsection (3)(b), the fee collected in Subsection (1) shall be $25.
50 (b) The commission shall, on January 1, annually adjust the Recreational Vehicle Grant
51Program fee described in Subsection (1) by taking the fee for the previous year and adding an
52amount equal to the greater of:
53 (i) an amount calculated by multiplying the registration fee of the previous year by the
54actual percentage change during the previous fiscal year in the Consumer Price Index; and
55 (ii) 0.
56 Section 2. Section 59-2-405.2 is amended to read:
57 59-2-405.2. Definitions -- Uniform statewide fee on certain tangible personal
58property -- Distribution of revenues -- Rulemaking authority -- Determining the length of 02-10-23 1:26 PM H.B. 444
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59a vessel.
60 (1) As used in this section:
61 (a) (i) Except as provided in Subsection (1)(a)(ii), "all-terrain vehicle" means a motor
62vehicle that:
63 (A) is an:
64 (I) all-terrain type I vehicle as defined in Section 41-22-2;
65 (II) all-terrain type II vehicle as defined in Section 41-22-2; or
66 (III) all-terrain type III vehicle as defined in Section 41-22-2;
67 (B) is required to be registered in accordance with Title 41, Chapter 22, Off-highway
68Vehicles; and
69 (C) has:
70 (I) an engine with more than 150 cubic centimeters displacement;
71 (II) a motor that produces more than five horsepower; or
72 (III) an electric motor; and
73 (ii) notwithstanding Subsection (1)(a)(i), "all-terrain vehicle" does not include a
74snowmobile.
75 (b) "Camper" means a camper:
76 (i) as defined in Section 41-1a-102; and
77 (ii) that is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
78Registration.
79 (c) (i) "Canoe" means a vessel that:
80 (A) is long and narrow;
81 (B) has curved sides; and
82 (C) is tapered:
83 (I) to two pointed ends; or
84 (II) to one pointed end and is blunt on the other end[; and].
85 (ii) ["canoe"] "Canoe" includes:
86 (A) a collapsible inflatable canoe;
87 (B) a kayak;
88 (C) a racing shell;
89 (D) a rowing scull; or H.B. 444 02-10-23 1:26 PM
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90 (E) notwithstanding the definition of vessel in Subsection [(1)(bb)] (i)(cc), a canoe
91with an outboard motor.
92 (d) "Dealer" is as defined in Section 41-1a-102.
93 (e) "Jon boat" means a vessel that:
94 (i) has a square bow; and
95 (ii) has a flat bottom.
96 (f) "Motor vehicle" is as defined in Section 41-22-2.
97 (g) "Other motorcycle" means a motor vehicle that:
98 (i) is:
99 (A) a motorcycle as defined in Section 41-1a-102; and
100 (B) designed primarily for use and operation over unimproved terrain;
101 (ii) is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
102Registration; and
103 (iii) has:
104 (A) an engine with more than 150 cubic centimeters displacement; or
105 (B) a motor that produces more than five horsepower.
106 (h) (i) "Other trailer" means a portable vehicle without motive power that is primarily
107used:
108 (A) to transport tangible personal property; and
109 (B) for a purpose other than a commercial purpose; and
110 (ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
111purposes of Subsection (1)(h)(i)(B), the commission may by rule define what constitutes a
112purpose other than a commercial purpose.
113 (i) "Outboard motor" is as defined in Section 41-1a-102.
114 (j) "Park model recreational vehicle" is as defined in Section 41-1a-102.
115 (k) "Personal watercraft" means a personal watercraft:
116 (i) as defined in Section 73-18-2; and
117 (ii) that is required to be registered in accordance with Title 73, Chapter 18, State
118Boating Act.
119 (l) (i) "Pontoon" means a vessel that:
120 (A) is: 02-10-23 1:26 PM H.B. 444
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121 (I) supported by one or more floats; and
122 (II) propelled by either inboard or outboard power; and
123 (B) is not:
124 (I) a houseboat; or
125 (II) a collapsible inflatable vessel; and
126 (ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
127commission may by rule define the term "houseboat."
128 (m) "Qualifying adjustment, exemption, or reduction" means an adjustment,
129exemption, or reduction:
130 (i) of all or a portion of a qualifying payment;
131 (ii) granted by a county during the refund period; and
132 (iii) received by a qualifying person.
133 (n) (i) "Qualifying payment" means the payment made:
134 (A) of a uniform statewide fee in accordance with this section:
135 (I) by a qualifying person;
136 (II) to a county; and
137 (III) during the refund period; and
138 (B) on an item of qualifying tangible personal property; and
139 (ii) if a qualifying person received a qualifying adjustment, exemption, or reduction for
140an item of qualifying tangible personal property, the qualifying payment for that qualifying
141tangible personal property is equal to the difference between:
142 (A) the payment described in this Subsection (1)(n) for that item of qualifying tangible
143personal property; and
144 (B) the amount of the qualifying adjustment, exemption, or reduction.
145 (o) "Qualifying person" means a person that paid a uniform statewide fee:
146 (i) during the refund period;
147 (ii) in accordance with this section; and
148 (iii) on an item of qualifying tangible personal property.
149 (p) "Qualifying tangible personal property" means a:
150 (i) qualifying vehicle; or
151 (ii) qualifying watercraft. H.B. 444 02-10-23 1:26 PM
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152 (q) "Qualifying vehicle" means:
153 (i) an all-terrain vehicle with an engine displacement that is 100 or more cubic
154centimeters but 150 or less cubic centimeters;
155 (ii) an other motorcycle with an engine displacement that is 100 or more cubic
156centimeters but 150 or less cubic centimeters;
157 (iii) a small motor vehicle with an engine displacement that is 100 or more cubic
158centimeters but 150 or less cubic centimeters;
159 (iv) a snowmobile with an engine displacement that is 100 or more cubic centimeters
160but 150 or less cubic centimeters; or
161 (v) a street motorcycle with an engine displacement that is 100 or more cubic
162centimeters but 150 or less cubic centimeters.
163 (r) "Qualifying watercraft" means a:
164 (i) canoe;
165 (ii) collapsible inflatable vessel;
166 (iii) jon boat;
167 (iv) pontoon;
168 (v) sailboat; or
169 (vi) utility boat.
170 (s) "Refund period" means the time period:
171 (i) beginning on January 1, 2006; and
172 (ii) ending on December 29, 2006.
173 (t) "Sailboat" means a sailboat as defined in Section 73-18-2.
174 (u) (i) "Small motor vehicle" means a motor vehicle that:
175 (A) is required to be registered in accordance with Title 41, Motor Vehicles; and
176 (B) has:
177 (I) an engine with 150 or less cubic centimeters displacement; or
178 (II) a motor that produces five or less horsepower; and
179 (ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
180commission may by rule develop a process for an owner of a motor vehicle to certify whether
181the motor vehicle has:
182 (A) an engine with 150 or less cubic centimeters displacement; or 02-10-23 1:26 PM H.B. 444
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183 (B) a motor that produces five or less horsepower.
184 (v) "Snowmobile" means a motor vehicle that:
185 (i) is a snowmobile as defined in Section 41-22-2;
186 (ii) is required to be registered in accordance with Title 41, Chapter 22, Off-highway
187Vehicles; and
188 (iii) has:
189 (A) an engine with more than 150 cubic centimeters displacement; or
190 (B) a motor that produces more than five horsepower.
191 (w) "Street-legal all-terrain vehicle" means the same as that term is defined in Section
19241-6a-102.
193 (x) "Street motorcycle" means a motor vehicle that:
194 (i) is:
195 (A) a motorcycle as defined in Section 41-1a-102; and
196 (B) designed primarily for use and operation on highways;
197 (ii) is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
198Registration; and
199 (iii) has:
200 (A) an engine with more than 150 cubic centimeters displacement; or
201 (B) a motor that produces more than five horsepower.
202 (y) "Tangible personal property owner" means a person that owns an item of qualifying
203tangible personal property.
204 (z) "Tent trailer" means a portable vehicle without motive power that:
205 (i) is constructed with collapsible side walls that:
206 (A) fold for towing by a motor vehicle; and
207 (B) unfold at a campsite;
208 (ii) is designed as a temporary dwelling for travel, recreational, or vacation use;
209 (iii) is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
210Registration; and
211 (iv) does not require a special highway movement permit when drawn by a
212self-propelled motor vehicle.
213 (aa) (i) Except as provided in Subsection (1)(aa)(ii), "travel trailer" means a travel H.B. 444 02-10-23 1:26 PM
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214trailer:
215 (A) as defined in Section 41-1a-102; and
216 (B) that is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
217Registration; and
218 (ii) notwithstanding Subsection (1)(aa)(i), "travel trailer" does not include:
219 (A) a camper; or
220 (B) a tent trailer.
221 (bb) (i) "Utility boat" means a vessel that:
222 (A) has:
223 (I) two or three bench seating;
224 (II) an outboard motor; and
225 (III) a hull made of aluminum, fiberglass, or wood; and
226 (B) does not have:
227 (I) decking;
228 (II) a permanent canopy; or
229 (III) a floor other than the hull; and
230 (ii) notwithstanding Subsection (1)(bb)(i), "utility boat" does not include a collapsible
231inflatable vessel.
232 (cc) "Vessel" means a vessel:
233 (i) as defined in Section 73-18-2, including an outboard motor of the vessel; and
234 (ii) that is required to be registered in accordance with Title 73, Chapter 18, State
235Boating Act.
236 (2) (a) In accordance with Utah Constitution Article XIII, Section 2, Subsection (6),
237beginning on January 1, 2006, the tangible personal property described in Subsection (2)(b) is:
238 (i) exempt from the tax imposed by Section 59-2-103; and
239 (ii) in lieu of the tax imposed by Section 59-2-103, subject to uniform statewide fees as
240provided in this section.
241 (b) The following tangible personal property applies to Subsection (2)(a) if that
242tangible personal property is required to be registered with the state:
243 (i) an all-terrain vehicle;
244 (ii) a camper; 02-10-23 1:26 PM H.B. 444
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245 (iii) an other motorcycle;
246 (iv) an other trailer;
247 (v) a personal watercraft;
248 (vi) a small motor vehicle;
249 (vii) a snowmobile;
250 (viii) a street motorcycle;
251 (ix) a tent trailer;
252 (x) a travel trailer;
253 (xi) a park model recreational vehicle; and
254 (xii) a vessel if that vessel is less than 31 feet in length as determined under Subsection
255[(6)] (7).
256 (3) Except as provided in Subsection (4) and for purposes of this section, the uniform
257statewide fees are:
258 (a) for a snowmobile:
259 Age of Snowmobile Uniform Statewide Fee
260 12 or more years $10
261 9 or more years but less than 12 years $20
262 6 or more years but less than 9 years $30
263 3 or more years but less than 6 years $35
264 Less than 3 years $45
265 (b) for an all-terrain vehicle that is not a street-legal all-terrain vehicle or another
266motorcycle:
267
Age of All-Terrain Vehicle or Other Motorcycle Uniform
Statewide Fee
Uniform Statewide Fee
268 12 or more years $4
269 9 or more years but less than 12 years $8
270 6 or more years but less than 9 years $12
271 3 or more years but less than 6 years $14
272 Less than 3 years $18
273 (c) for a street-legal all-terrain vehicle:
274 Age of Street-Legal All-Terrain Vehicle Uniform Statewide Fee H.B. 444 02-10-23 1:26 PM
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275 12 or more years $4
276 9 or more years but less than 12 years $14
277 6 or more years but less than 9 years $20
278 3 or more years but less than 6 years $28
279 Less than 3 years $38
280 (d) for a camper or a tent trailer:
281 Age of Camper or Tent Trailer Uniform Statewide Fee
282 12 or more years $10
283 9 or more years but less than 12 years $25
284 6 or more years but less than 9 years $35
285 3 or more years but less than 6 years $50
286 Less than 3 years $70
287 (e) for an other trailer:
288 Age of Other Trailer Uniform Statewide Fee
289 12 or more years $10
290 9 or more years but less than 12 years $15
291 6 or more years but less than 9 years $20
292 3 or more years but less than 6 years $25
293 Less than 3 years $30
294 (f) for a personal watercraft:
295 Age of Personal Watercraft Uniform Statewide Fee
296 12 or more years $10
297 9 or more years but less than 12 years $25
298 6 or more years but less than 9 years $35
299 3 or more years but less than 6 years $45
300 Less than 3 years $55
301 (g) for a small motor vehicle:
302 Age of Small Motor Vehicle Uniform Statewide Fee
303 6 or more years $10 02-10-23 1:26 PM H.B. 444
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304 3 or more years but less than 6 years $15
305 Less than 3 years $25
306 (h) for a street motorcycle:
307 Age of Street Motorcycle Uniform Statewide Fee
308 12 or more years $10
309 9 or more years but less than 12 years $35
310 6 or more years but less than 9 years $50
311 3 or more years but less than 6 years $70
312 Less than 3 years $95
313 (i) for a travel trailer or park model recreational vehicle:
314 Age of Travel Trailer or Park Model Recreational VehicleUniform Statewide Fee
315 12 or more years $20
316 9 or more years but less than 12 years $65
317 6 or more years but less than 9 years $90
318 3 or more years but less than 6 years $135
319 Less than 3 years $175
320 (j) $10 regardless of the age of the vessel if the vessel is:
321 (i) less than 15 feet in length;
322 (ii) a canoe;
323 (iii) a jon boat; or
324 (iv) a utility boat;
325 (k) for a collapsible inflatable vessel, pontoon, or sailboat, regardless of age:
326 Length of Vessel Uniform Statewide Fee
327 15 feet or more in length but less than 19 feet in length $15
328 19 feet or more in length but less than 23 feet in length $25 H.B. 444 02-10-23 1:26 PM
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329 23 feet or more in length but less than 27 feet in length $40
330 27 feet or more in length but less than 31 feet in length $75
331 (l) for a vessel, other than a canoe, collapsible inflatable vessel, jon boat, pontoon,
332sailboat, or utility boat, that is 15 feet or more in length but less than 19 feet in length:
333 Age of Vessel Uniform Statewide Fee
334 12 or more years $25
335 9 or more years but less than 12 years $65
336 6 or more years but less than 9 years $80
337 3 or more years but less than 6 years $110
338 Less than 3 years $150
339 (m) for a vessel, other than a canoe, collapsible inflatable vessel, jon boat, pontoon,
340sailboat, or utility boat, that is 19 feet or more in length but less than 23 feet in length:
341 Age of Vessel Uniform Statewide Fee
342 12 or more years $50
343 9 or more years but less than 12 years $120
344 6 or more years but less than 9 years $175
345 3 or more years but less than 6 years $220
346 Less than 3 years $275
347 (n) for a vessel, other than a canoe, collapsible inflatable vessel, jon boat, pontoon,
348sailboat, or utility boat, that is 23 feet or more in length but less than 27 feet in length:
349 Age of Vessel Uniform Statewide Fee
350 12 or more years $100
351 9 or more years but less than 12 years $180
352 6 or more years but less than 9 years $240
353 3 or more years but less than 6 years $310
354 Less than 3 years $400
355 (o) for a vessel, other than a canoe, collapsible inflatable vessel, jon boat, pontoon,
356sailboat, or utility boat, that is 27 feet or more in length but less than 31 feet in length: 02-10-23 1:26 PM H.B. 444
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357 Age of Vessel Uniform Statewide Fee
358 12 or more years $120
359 9 or more years but less than 12 years $250
360 6 or more years but less than 9 years $350
361 3 or more years but less than 6 years $500
362 Less than 3 years $700
363 (4) For registrations under Section 41-1a-215.5, the uniform fee for purposes of this
364section is as follows:
365 (a) for a street motorcycle:
366 Age of Street Motorcycle Uniform Statewide Fee
367 12 or more years $7.75
368 9 or more years but less than 12 years $27
369 6 or more years but less than 9 years $38.50
370 3 or more years but less than 6 years $54
371 Less than 3 years $73
372 (b) for a small motor vehicle:
373 Age of Small Motor Vehicle Uniform Statewide Fee
374 6 or more years $7.75
375 3 or more years but less than 6 years $11.50
376 Less than 3 years $19.25
377 (5) Notwithstanding Section 59-2-407, tangible personal property subject to the
378uniform statewide fees imposed by this section that is brought into the state shall, as a
379condition of registration, be subject to the uniform statewide fees unless all property taxes or
380uniform fees imposed by the state of origin have been paid for the current calendar year.
381 (6) (a) [The] Subject to Subsection (6)(c), the revenues collected in each county from
382the uniform statewide fees imposed by this section shall be distributed by the county to each
383taxing entity in which each item of tangible personal property subject to the uniform statewide
384fees is located in the same proportion in which revenues collected from the ad valorem
385property tax are distributed. H.B. 444 02-10-23 1:26 PM
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386 (b) Each taxing entity described in Subsection (6)(a) that receives revenues from the
387uniform statewide fees imposed by this section shall distribute the revenues in the same
388proportion in which revenues collected from the ad valorem property tax are distributed.
389 (c) The revenues collected from the uniform statewide fee imposed under Subsections
390(3)(d) and (i) shall be distributed to the Recreational Vehicle Account created in Section
39179-7-502.
392 (7) (a) For purposes of the uniform statewide fee imposed by this section, the length of
393a vessel shall be determined as provided in this Subsection (7).
394 (b) (i) Except as provided in Subsection (7)(b)(ii), the length of a vessel shall be
395measured as follows:
396 (A) the length of a vessel shall be measured in a straight line; and
397 (B) the length of a vessel is equal to the distance between the bow of the vessel and the
398stern of the vessel.
399 (ii) Notwithstanding Subsection (7)(b)(i), the length of a vessel may not include the
400length of:
401 (A) a swim deck;
402 (B) a ladder;
403 (C) an outboard motor; or
404 (D) an appurtenance or attachment similar to Subsections (7)(b)(ii)(A) through (C) as
405determined by the commission by rule.
406 (iii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
407the commission may by rule define what constitutes an appurtenance or attachment similar to
408Subsections (7)(b)(ii)(A) through (C).
409 (c) The length of a vessel:
410 (i) (A) for a new vessel, is the length:
411 (I) listed on the manufacturer's statement of origin if the length of the vessel measured
412under Subsection (7)(b) is equal to the length of the vessel listed on the manufacturer's
413statement of origin; or
414 (II) listed on a form submitted to the commission by a dealer in accordance with
415Subsection (7)(d) if the length of the vessel measured under Subsection (7)(b) is not equal to
416the length of the vessel listed on the manufacturer's statement of origin; or 02-10-23 1:26 PM H.B. 444
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417 (B) for a vessel other than a new vessel, is the length:
418 (I) corresponding to the model number if the length of the vessel measured under
419Subsection (7)(b) is equal to the length of the vessel determined by reference to the model
420number; or
421 (II) listed on a form submitted to the commission by an owner of the vessel in
422accordance with Subsection (7)(d) if the length of the vessel measured under Subsection (7)(b)
423is not equal to the length of the vessel determined by reference to the model number; and
424 (ii) (A) is determined at the time of the:
425 (I) first registration as defined in Section 41-1a-102 that occurs on or after January 1,
4262006; or
427 (II) first renewal of registration that occurs on or after January 1, 2006; and
428 (B) may be determined after the time described in Subsection (7)(c)(ii)(A) only if the
429commission requests that a dealer or an owner submit a form to the commission in accordance
430with Subsection (7)(d).
431 (d) (i) A form under Subsection (7)(c) shall:
432 (A) be developed by the commission;
433 (B) be provided by the commission to:
434 (I) a dealer; or
435 (II) an owner of a vessel;
436 (C) provide for the reporting of the length of a vessel;
437 (D) be submitted to the commission at the time the length of the vessel is determined in
438accordance with Subsection (7)(c)(ii);
439 (E) be signed by:
440 (I) if the form is submitted by a dealer, that dealer; or
441 (II) if the form is submitted by an owner of the vessel, an owner of the vessel; and
442 (F) include a certification that the information set forth in the form is true.
443 (ii) A certification made under Subsection (7)(d)(i)(F) is considered as if made under
444oath and subject to the same penalties as provided by law for perjury.
445 (iii) (A) A dealer or an owner that submits a form to the commission under Subsection
446(7)(c) is considered to have given the dealer's or owner's consent to an audit or review by:
447 (I) the commission; H.B. 444 02-10-23 1:26 PM
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448 (II) the county assessor; or
449 (III) the commission and the county assessor.
450 (B) The consent described in Subsection (7)(d)(iii)(A) is a condition to the acceptance
451of any form.
452 (8) (a) A county that collected a qualifying payment from a qualifying person during
453the refund period shall issue a refund to the qualifying person as described in Subsection (8)(b)
454if:
455 (i) the difference described in Subsection (8)(b) is $1 or more; and
456 (ii) the qualifying person submitted a form in accordance with Subsections (8)(c) and
457(d).
458 (b) The refund amount shall be calculated as follows:
459 (i) for a qualifying vehicle, the refund amount is equal to the difference between:
460 (A) the qualifying payment the qualifying person paid on the qualifying vehicle during
461the refund period; and
462 (B) the amount of the statewide uniform fee:
463 (I) for that qualifying vehicle; and
464 (II) that the qualifying person would have been required to pay:
465 (Aa) during the refund period; and
466 (Bb) in accordance with this section had Laws of Utah 2006, Fifth Special Session,
467Chapter 3, Section 1, been in effect during the refund period; and
468 (ii) for a qualifying watercraft, the refund amount is equal to the difference between:
469 (A) the qualifying payment the qualifying person paid on the qualifying watercraft
470during the refund period; and
471 (B) the amount of the statewide uniform fee:
472 (I) for that qualifying watercraft;
473 (II) that the qualifying person would have been required to pay:
474 (Aa) during the refund period; and
475 (Bb) in accordance with this section had Laws of Utah 2006, Fifth Special Session,
476Chapter 3, Section 1, been in effect during the refund period.
477 (c) Before the county issues a refund to the qualifying person in accordance with
478Subsection (8)(a) the qualifying person shall submit a form to the county to verify the 02-10-23 1:26 PM H.B. 444
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479qualifying person is entitled to the refund.
480 (d) (i) A form under Subsection (8)(c) or (9) shall:
481 (A) be developed by the commission;
482 (B) be provided by the commission to the counties;
483 (C) be provided by the county to the qualifying person or tangible personal property
484owner;
485 (D) provide for the reporting of the following:
486 (I) for a qualifying vehicle:
487 (Aa) the type of qualifying vehicle; and
488 (Bb) the amount of cubic centimeters displacement;
489 (II) for a qualifying watercraft:
490 (Aa) the length of the qualifying watercraft;
491 (Bb) the age of the qualifying watercraft; and
492 (Cc) the type of qualifying watercraft;
493 (E) be signed by the qualifying person or tangible personal property owner; and
494 (F) include a certification that the information set forth in the form is true.
495 (ii) A certification made under Subsection (8)(d)(i)(F) is considered as if made under
496oath and subject to the same penalties as provided by law for perjury.
497 (iii) (A) A qualifying person or tangible personal property owner that submits a form to
498a county under Subsection (8)(c) or (9) is considered to have given the qualifying person's
499consent to an audit or review by:
500 (I) the commission;
501 (II) the county assessor; or
502 (III) the commission and the county assessor.
503 (B) The consent described in Subsection (8)(d)(iii)(A) is a condition to the acceptance
504of any form.
505 (e) The county shall make changes to the commission's records with the information
506received by the county from the form submitted in accordance with Subsection (8)(c).
507 (9) A county shall change its records regarding an item of qualifying tangible personal
508property if the tangible personal property owner submits a form to the county in accordance
509with Subsection (8)(d). H.B. 444 02-10-23 1:26 PM
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510 (10) (a) For purposes of this Subsection (10), "owner of tangible personal property"
511means a person that was required to pay a uniform statewide fee:
512 (i) during the refund period;
513 (ii) in accordance with this section; and
514 (iii) on an item of tangible personal property subject to the uniform statewide fees
515imposed by this section.
516 (b) A county that collected revenues from uniform statewide fees imposed by this
517section during the refund period shall notify an owner of tangible personal property:
518 (i) of the tangible personal property classification changes made to this section
519pursuant to Laws of Utah 2006, Fifth Special Session, Chapter 3, Section 1;
520 (ii) that the owner of tangible personal property may obtain and file a form to modify
521the county's records regarding the owner's tangible personal property; and
522 (iii) that the owner may be entitled to a refund pursuant to Subsection (8).
523 Section 3. Section 79-7-102 is amended to read:
524 79-7-102. Definitions.
525 As used in this chapter:
526 (1) "Commission" means the Outdoor Adventure Commission created in Section
52763C-21-201.
528 (2) "Director" means the director of the Division of Outdoor Recreation described in
529Section 79-7-202.
530 [(2)] (3) "Division" means the Division of Outdoor Recreation created in Section
53179-7-201.
532 Section 4. Section 79-7-501 is enacted to read:
533 Part 5. Recreational Vehicle Grant Program
534 79-7-501. Definitions.
535 As used in this part:
536 (1) "Advisory committee" means the Recreational Vehicle Grant Advisory Committee,
537created in Section 79-7-503.
538 (2) "Motor home" means the same as that term is defined in Section 13-14-102.
539 (3) "Park model recreational vehicle" means the same as that term is defined in Section
54041-1a-102. 02-10-23 1:26 PM H.B. 444
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541 (4) "Recreational vehicle" means the same as that term is defined in Section 13-14-102.
542 (5) "Travel trailer," "camping trailer," or "fifth wheel trailer" means the same as that
543term is defined in Section 13-14-102.
544 Section 5. Section 79-7-502 is enacted to read:
545 79-7-502. Recreational Vehicle Account.
546 (1) There is created an account called the Recreational Vehicle Account in the General
547Fund.
548 (2) The Recreational Vehicle Account described in Subsection (1) is funded through
549the collection of revenues received from the annual uniform statewide fee described in
550Ssubsection 59-2-405.2(6)(c), and the collection of revenues received from the Recreational
551Vehicle Grant Program fee described in Section 41-1a-1226.
552 (3) The division shall administer the account described in Subsection (1) in
553consultation with the advisory committee.
554 (4) The costs of administering the account shall be paid from money in the account.
555 (5) Interest accrued from investment of money in the account shall remain in the
556account.
557 Section 6. Section 79-7-503 is enacted to read:
558 79-7-503. Recreational Vehicle Grant Program creation and organization.
559 (1) There is created the Recreational Vehicle Grant Program within the division.
560 (2) The director of the division shall designate staff with relevant expertise or
561experience to administer the program.
562 (3) The division and the advisory committee shall:
563 (a) seek to accomplish the following objectives in administering the grant program:
564 (i) to enable public agencies to provide facilities for recreational vehicle use, such as
565improvements to campgrounds, campsites, dump stations, and other projects that would
566provide more general recreational vehicle access statewide;
567 (ii) to fund the acquisition, lease, construction, development, improvement, operations,
568and maintenance of facilities and services designed to promote recreational vehicle users'
569health, safety, and enjoyment; and
570 (iii) to encourage residents and nonresidents of the state to take advantage of the beauty
571of the state's outdoors; and H.B. 444 02-10-23 1:26 PM
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572 (b) approve, or recommend for approval, grant requests based on the following criteria:
573 (i) whether the grant request adequately seeks to meet at least one of the objectives
574described in Subsection (3)(a);
575 (ii) the likelihood that the grant request will achieve at least one of the objectives
576described in Subsection (3)(a); and
577 (iii) the estimated cost of the grant request.
578 (4) (a) There is created the Recreational Vehicle Grant Advisory Committee, in the
579division, that is composed of the following nine members:
580 (i) the director of the division;
581 (ii) the director of the Division of State Parks, created in Section 79-4-201, or the
582director's designee; and
583 (iii) a member of the public representing recreation vehicle users from each of the
584seven association of governments regions in the state, including:
585 (A) Six County;
586 (B) Mountainlands;
587 (C) Wasatch Front;
588 (D) Bear River;
589 (E) Five County;
590 (F) Southeastern; and
591 (G) Uintah Basin.
592 (b) The following organizations may elect to participate in the advisory committee as a
593non-voting member:
594 (i) one member from the Bureau of Land Management; and
595 (ii) one member from the United States Forest Service.
596 (5) The advisory committee shall advise and make recommendations to the division
597regarding a recreational vehicle grant.
598 (6) (a) Except as required by Subsection (6)(b), when the term of an appointed advisory
599committee member expires, the commission shall fill the open member's committee seat, by
600either:
601 (i) appointing a different individual to the open committee member's seat; or
602 (ii) reappointing the expired term member to a renewed four-year term. 02-10-23 1:26 PM H.B. 444
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603 (b) The commission shall, at the time of appointment or reappointment, adjust the
604length of terms so that the terms of appointed advisory committee members are staggered to
605ensure that approximately half of the appointed advisory committee members are appointed
606every two years.
607 (7) The director of the division shall serve as chair of the advisory committee.
608 (8) The advisory committee shall elect a vice chair from among the advisory committee
609members each year.
610 (9) When a vacancy occurs in the membership of the advisory committee, the
611commission shall appoint a replacement to serve out the remainder of that member's term.
612 (10) (a) A majority of the voting members of the advisory committee constitutes a
613quorum that may conduct advisory committee business.
614 (b) A majority of a quorum enables an action of the advisory committee.
615 (11) A member of the advisory committee may not receive compensation or benefits
616for the member's service in connection with the advisory committee, but an appointed member
617described in Subsection (4) may receive per diem and travel expenses in accordance with:
618 (a) Section 63A-3-106;
619 (b) Section 63A-3-107; and
620 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
62163A-3-107.
622 Section 7. Section 79-7-504 is enacted to read:
623 79-7-504. Rulemaking.
624 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, after
625notifying the commission, and as described in this part, the division shall make rules to:
626 (1) develop, create, administer, and maintain the Recreational Vehicle Account
627described in Section 79-7-502, and the Recreational Vehicle Grant Program and the advisory
628committee described in Section 79-7-503;
629 (2) coordinate with the State Tax Commission to receive funds the State Tax
630Commission collects from the Recreational Vehicle Grant Program fee described in Section
63141-1a-1226 and the revenues from the uniform statewide fee described in Subsection
63259-2-405.2(6)(c); and
633 (3) establish the procedures necessary for the review and approval of a recreational H.B. 444 02-10-23 1:26 PM
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634vehicle grant application as described in Subsection 79-7-503(3)(b).
635 Section 8. Effective date.
636 This bill takes effect on January 1, 2024.