2nd Sub. H.B. 444
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: B. Hess 6
6 02-21-23 3:16 PM 6
H.B. 444
2nd Sub. (Gray)
Representative Jeffrey D. Stenquist proposes the following substitute bill:
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 an associated fee.
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.
*HB0444S02* 2nd Sub. (Gray) H.B. 444 02-21-23 3:16 PM
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26Money Appropriated in this Bill:
27 None
28Other Special Clauses:
29 This bill provides a special effective date.
30Utah Code Sections Affected:
31AMENDS:
32 41-1a-102, as last amended by Laws of Utah 2022, Chapters 92, 180
33 41-1a-1201, as last amended by Laws of Utah 2022, Chapter 259
34 79-7-102, as last amended by Laws of Utah 2022, Chapter 68
35ENACTS:
36 41-1a-1226, Utah Code Annotated 1953
37 79-7-501, Utah Code Annotated 1953
38 79-7-502, Utah Code Annotated 1953
39 79-7-503, Utah Code Annotated 1953
40 79-7-504, Utah Code Annotated 1953
41
42Be it enacted by the Legislature of the state of Utah:
43 Section 1. Section 41-1a-102 is amended to read:
44 41-1a-102. Definitions.
45 As used in this chapter:
46 (1) "Actual miles" means the actual distance a vehicle has traveled while in operation.
47 (2) "Actual weight" means the actual unladen weight of a vehicle or combination of
48vehicles as operated and certified to by a weighmaster.
49 (3) "All-terrain type I vehicle" means the same as that term is defined in Section
5041-22-2.
51 (4) "All-terrain type II vehicle" means the same as that term is defined in Section
5241-22-2.
53 (5) "All-terrain type III vehicle" means the same as that term is defined in Section
5441-22-2.
55 (6) "Alternative fuel vehicle" means:
56 (a) an electric motor vehicle; 02-21-23 3:16 PM 2nd Sub. (Gray) H.B. 444
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57 (b) a hybrid electric motor vehicle;
58 (c) a plug-in hybrid electric motor vehicle; or
59 (d) a motor vehicle powered exclusively by a fuel other than:
60 (i) motor fuel;
61 (ii) diesel fuel;
62 (iii) natural gas; or
63 (iv) propane.
64 (7) "Amateur radio operator" means a person licensed by the Federal Communications
65Commission to engage in private and experimental two-way radio operation on the amateur
66band radio frequencies.
67 (8) "Autocycle" means the same as that term is defined in Section 53-3-102.
68 (9) "Automated driving system" means the same as that term is defined in Section
6941-26-102.1.
70 (10) "Branded title" means a title certificate that is labeled:
71 (a) rebuilt and restored to operation;
72 (b) flooded and restored to operation; or
73 (c) not restored to operation.
74 (11) "Camper" means a structure designed, used, and maintained primarily to be
75mounted on or affixed to a motor vehicle that contains a floor and is designed to provide a
76mobile dwelling, sleeping place, commercial space, or facilities for human habitation or for
77camping.
78 (12) "Certificate of title" means a document issued by a jurisdiction to establish a
79record of ownership between an identified owner and the described vehicle, vessel, or outboard
80motor.
81 (13) "Certified scale weigh ticket" means a weigh ticket that has been issued by a
82weighmaster.
83 (14) "Commercial vehicle" means a motor vehicle, trailer, or semitrailer used or
84maintained for the transportation of persons or property that operates:
85 (a) as a carrier for hire, compensation, or profit; or
86 (b) as a carrier to transport the vehicle owner's goods or property in furtherance of the
87owner's commercial enterprise. 2nd Sub. (Gray) H.B. 444 02-21-23 3:16 PM
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88 (15) "Commission" means the State Tax Commission.
89 (16) "Consumer price index" means the same as that term is defined in Section
9059-13-102.
91 (17) "Dealer" means a person engaged or licensed to engage in the business of buying,
92selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on
93conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established
94place of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors.
95 (18) "Diesel fuel" means the same as that term is defined in Section 59-13-102.
96 (19) "Division" means the Motor Vehicle Division of the commission, created in
97Section 41-1a-106.
98 (20) "Dynamic driving task" means the same as that term is defined in Section
9941-26-102.1.
100 (21) "Electric motor vehicle" means a motor vehicle that is powered solely by an
101electric motor drawing current from a rechargeable energy storage system.
102 (22) "Essential parts" means the integral and body parts of a vehicle of a type required
103to be registered in this state, the removal, alteration, or substitution of which would tend to
104conceal the identity of the vehicle or substantially alter the vehicle's appearance, model, type,
105or mode of operation.
106 (23) "Farm tractor" means a motor vehicle designed and used primarily as a farm
107implement for drawing plows, mowing machines, and other implements of husbandry.
108 (24) (a) "Farm truck" means a truck used by the owner or operator of a farm solely for
109the owner's or operator's own use in the transportation of:
110 (i) farm products, including livestock and its products, poultry and its products,
111floricultural and horticultural products;
112 (ii) farm supplies, including tile, fence, and any other thing or commodity used in
113agricultural, floricultural, horticultural, livestock, and poultry production; and
114 (iii) livestock, poultry, and other animals and things used for breeding, feeding, or
115other purposes connected with the operation of a farm.
116 (b) "Farm truck" does not include the operation of trucks by commercial processors of
117agricultural products.
118 (25) "Fleet" means one or more commercial vehicles. 02-21-23 3:16 PM 2nd Sub. (Gray) H.B. 444
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119 (26) "Foreign vehicle" means a vehicle of a type required to be registered, brought into
120this state from another state, territory, or country other than in the ordinary course of business
121by or through a manufacturer or dealer, and not registered in this state.
122 (27) "Gross laden weight" means the actual weight of a vehicle or combination of
123vehicles, equipped for operation, to which shall be added the maximum load to be carried.
124 (28) "Highway" or "street" means the entire width between property lines of every way
125or place of whatever nature when any part of it is open to the public, as a matter of right, for
126purposes of vehicular traffic.
127 (29) "Hybrid electric motor vehicle" means a motor vehicle that draws propulsion
128energy from onboard sources of stored energy that are both:
129 (a) an internal combustion engine or heat engine using consumable fuel; and
130 (b) a rechargeable energy storage system where energy for the storage system comes
131solely from sources onboard the vehicle.
132 (30) (a) "Identification number" means the identifying number assigned by the
133manufacturer or by the division for the purpose of identifying the vehicle, vessel, or outboard
134motor.
135 (b) "Identification number" includes a vehicle identification number, state assigned
136identification number, hull identification number, and motor serial number.
137 (31) "Implement of husbandry" means a vehicle designed or adapted and used
138exclusively for an agricultural operation and only incidentally operated or moved upon the
139highways.
140 (32) (a) "In-state miles" means the total number of miles operated in this state during
141the preceding year by fleet power units.
142 (b) If a fleet is composed entirely of trailers or semitrailers, "in-state miles" means the
143total number of miles that those vehicles were towed on Utah highways during the preceding
144year.
145 (33) "Interstate vehicle" means a commercial vehicle operated in more than one state,
146province, territory, or possession of the United States or foreign country.
147 (34) "Jurisdiction" means a state, district, province, political subdivision, territory, or
148possession of the United States or any foreign country.
149 (35) "Lienholder" means a person with a security interest in particular property. 2nd Sub. (Gray) H.B. 444 02-21-23 3:16 PM
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150 (36) "Manufactured home" means a transportable factory built housing unit constructed
151on or after June 15, 1976, according to the Federal Home Construction and Safety Standards
152Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight body
153feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more
154square feet, and which is built on a permanent chassis and designed to be used as a dwelling
155with or without a permanent foundation when connected to the required utilities, and includes
156the plumbing, heating, air-conditioning, and electrical systems.
157 (37) "Manufacturer" means a person engaged in the business of constructing,
158manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or
159outboard motors for the purpose of sale or trade.
160 (38) "Military vehicle" means a vehicle of any size or weight that was manufactured
161for use by armed forces and that is maintained in a condition that represents the vehicle's
162military design and markings regardless of current ownership or use.
163 (39) "Mobile home" means a transportable factory built housing unit built prior to June
16415, 1976, in accordance with a state mobile home code which existed prior to the Federal
165Manufactured Housing and Safety Standards Act (HUD Code).
166 (40) "Motor fuel" means the same as that term is defined in Section 59-13-102.
167 (41) (a) "Motor vehicle" means a self-propelled vehicle intended primarily for use and
168operation on the highways.
169 (b) "Motor vehicle" does not include:
170 (i) an off-highway vehicle; or
171 (ii) a motor assisted scooter as defined in Section 41-6a-102.
172 (42) "Motorboat" means the same as that term is defined in Section 73-18-2.
173 (43) "Motorcycle" means:
174 (a) a motor vehicle having a saddle for the use of the rider and designed to travel on not
175more than three wheels in contact with the ground; or
176 (b) an autocycle.
177 (44) "Natural gas" means a fuel of which the primary constituent is methane.
178 (45) (a) "Nonresident" means a person who is not a resident of this state as defined by
179Section 41-1a-202, and who does not engage in intrastate business within this state and does
180not operate in that business any motor vehicle, trailer, or semitrailer within this state. 02-21-23 3:16 PM 2nd Sub. (Gray) H.B. 444
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181 (b) A person who engages in intrastate business within this state and operates in that
182business any motor vehicle, trailer, or semitrailer in this state or who, even though engaging in
183interstate commerce, maintains a vehicle in this state as the home station of that vehicle is
184considered a resident of this state, insofar as that vehicle is concerned in administering this
185chapter.
186 (46) "Odometer" means a device for measuring and recording the actual distance a
187vehicle travels while in operation, but does not include any auxiliary odometer designed to be
188periodically reset.
189 (47) "Off-highway implement of husbandry" means the same as that term is defined in
190Section 41-22-2.
191 (48) "Off-highway vehicle" means the same as that term is defined in Section 41-22-2.
192 (49) (a) "Operate" means:
193 (i) to navigate a vessel; or
194 (ii) collectively, the activities performed in order to perform the entire dynamic driving
195task for a given motor vehicle by:
196 (A) a human driver as defined in Section 41-26-102.1; or
197 (B) an engaged automated driving system.
198 (b) "Operate" includes testing of an automated driving system.
199 (50) "Outboard motor" means a detachable self-contained propulsion unit, excluding
200fuel supply, used to propel a vessel.
201 (51) (a) "Owner" means a person, other than a lienholder, holding title to a vehicle,
202vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is subject to a
203security interest.
204 (b) If a vehicle is the subject of an agreement for the conditional sale or installment
205sale or mortgage of the vehicle with the right of purchase upon performance of the conditions
206stated in the agreement and with an immediate right of possession vested in the conditional
207vendee or mortgagor, or if the vehicle is the subject of a security agreement, then the
208conditional vendee, mortgagor, or debtor is considered the owner for the purposes of this
209chapter.
210 (c) If a vehicle is the subject of an agreement to lease, the lessor is considered the
211owner until the lessee exercises the lessee's option to purchase the vehicle. 2nd Sub. (Gray) H.B. 444 02-21-23 3:16 PM
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212 (52) "Park model recreational vehicle" means a unit that:
213 (a) is designed and marketed as temporary living quarters for recreational, camping,
214travel, or seasonal use;
215 (b) is not permanently affixed to real property for use as a permanent dwelling;
216 (c) requires a special highway movement permit for transit; and
217 (d) is built on a single chassis mounted on wheels with a gross trailer area not
218exceeding 400 square feet in the setup mode.
219 (53) "Personalized license plate" means a license plate that has displayed on it a
220combination of letters, numbers, or both as requested by the owner of the vehicle and assigned
221to the vehicle by the division.
222 (54) (a) "Pickup truck" means a two-axle motor vehicle with motive power
223manufactured, remanufactured, or materially altered to provide an open cargo area.
224 (b) "Pickup truck" includes a motor vehicle with the open cargo area covered with a
225camper, camper shell, tarp, removable top, or similar structure.
226 (55) "Plug-in hybrid electric motor vehicle" means a hybrid electric motor vehicle that
227has the capability to charge the battery or batteries used for vehicle propulsion from an
228off-vehicle electric source, such that the off-vehicle source cannot be connected to the vehicle
229while the vehicle is in motion.
230 (56) "Pneumatic tire" means a tire in which compressed air is designed to support the
231load.
232 (57) "Preceding year" means a period of 12 consecutive months fixed by the division
233that is within 16 months immediately preceding the commencement of the registration or
234license year in which proportional registration is sought. The division in fixing the period shall
235conform it to the terms, conditions, and requirements of any applicable agreement or
236arrangement for the proportional registration of vehicles.
237 (58) "Public garage" means a building or other place where vehicles or vessels are kept
238and stored and where a charge is made for the storage and keeping of vehicles and vessels.
239 (59) "Receipt of surrender of ownership documents" means the receipt of surrender of
240ownership documents described in Section 41-1a-503.
241 (60) "Reconstructed vehicle" means a vehicle of a type required to be registered in this
242state that is materially altered from its original construction by the removal, addition, or 02-21-23 3:16 PM 2nd Sub. (Gray) H.B. 444
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243substitution of essential parts, new or used.
244 (61) (a) "Recreational vehicle" means [the same as that term is defined in Section
24513-14-102.] a vehicular unit other than a mobile home, primarily designed as a temporary
246dwelling for travel, recreational, or vacation use, that is either self-propelled or pulled by
247another vehicle.
248 (b) "Recreational vehicle" includes:
249 (i) a travel trailer;
250 (ii) a camping trailer;
251 (iii) a motor home; and
252 (iv) a fifth wheel trailer.
253 (62) "Registration" means a document issued by a jurisdiction that allows operation of
254a vehicle or vessel on the highways or waters of this state for the time period for which the
255registration is valid and that is evidence of compliance with the registration requirements of the
256jurisdiction.
257 (63) (a) "Registration year" means a 12 consecutive month period commencing with
258the completion of the applicable registration criteria.
259 (b) For administration of a multistate agreement for proportional registration the
260division may prescribe a different 12-month period.
261 (64) "Repair or replacement" means the restoration of vehicles, vessels, or outboard
262motors to a sound working condition by substituting any inoperative part of the vehicle, vessel,
263or outboard motor, or by correcting the inoperative part.
264 (65) "Replica vehicle" means:
265 (a) a street rod that meets the requirements under Subsection 41-21-1(3)(a)(i)(B); or
266 (b) a custom vehicle that meets the requirements under Subsection
26741-6a-1507(1)(a)(i)(B).
268 (66) "Road tractor" means a motor vehicle designed and used for drawing other
269vehicles and constructed so it does not carry any load either independently or any part of the
270weight of a vehicle or load that is drawn.
271 (67) "Sailboat" means the same as that term is defined in Section 73-18-2.
272 (68) "Security interest" means an interest that is reserved or created by a security
273agreement to secure the payment or performance of an obligation and that is valid against third 2nd Sub. (Gray) H.B. 444 02-21-23 3:16 PM
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274parties.
275 (69) "Semitrailer" means a vehicle without motive power designed for carrying persons
276or property and for being drawn by a motor vehicle and constructed so that some part of its
277weight and its load rests or is carried by another vehicle.
278 (70) "Special group license plate" means a type of license plate designed for a
279particular group of people or a license plate authorized and issued by the division in accordance
280with Section 41-1a-418.
281 (71) (a) "Special interest vehicle" means a vehicle used for general transportation
282purposes and that is:
283 (i) 20 years or older from the current year; or
284 (ii) a make or model of motor vehicle recognized by the division director as having
285unique interest or historic value.
286 (b) In making a determination under Subsection (71)(a), the division director shall give
287special consideration to:
288 (i) a make of motor vehicle that is no longer manufactured;
289 (ii) a make or model of motor vehicle produced in limited or token quantities;
290 (iii) a make or model of motor vehicle produced as an experimental vehicle or one
291designed exclusively for educational purposes or museum display; or
292 (iv) a motor vehicle of any age or make that has not been substantially altered or
293modified from original specifications of the manufacturer and because of its significance is
294being collected, preserved, restored, maintained, or operated by a collector or hobbyist as a
295leisure pursuit.
296 (72) (a) "Special mobile equipment" means a vehicle:
297 (i) not designed or used primarily for the transportation of persons or property;
298 (ii) not designed to operate in traffic; and
299 (iii) only incidentally operated or moved over the highways.
300 (b) "Special mobile equipment" includes:
301 (i) farm tractors;
302 (ii) off-road motorized construction or maintenance equipment including backhoes,
303bulldozers, compactors, graders, loaders, road rollers, tractors, and trenchers; and
304 (iii) ditch-digging apparatus. 02-21-23 3:16 PM 2nd Sub. (Gray) H.B. 444
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305 (c) "Special mobile equipment" does not include a commercial vehicle as defined
306under Section 72-9-102.
307 (73) "Specially constructed vehicle" means a vehicle of a type required to be registered
308in this state, not originally constructed under a distinctive name, make, model, or type by a
309generally recognized manufacturer of vehicles, and not materially altered from its original
310construction.
311 (74) "State impound yard" means a yard for the storage of a vehicle, vessel, or outboard
312motor that meets the requirements of rules made by the commission pursuant to Subsection
31341-1a-1101(5).
314 (75) "Title" means the right to or ownership of a vehicle, vessel, or outboard motor.
315 (76) (a) "Total fleet miles" means the total number of miles operated in all jurisdictions
316during the preceding year by power units.
317 (b) If fleets are composed entirely of trailers or semitrailers, "total fleet miles" means
318the number of miles that those vehicles were towed on the highways of all jurisdictions during
319the preceding year.
320 (77) "Tow truck motor carrier" means the same as that term is defined in Section
32172-9-102.
322 (78) "Tow truck operator" means the same as that term is defined in Section 72-9-102.
323 (79) "Trailer" means a vehicle without motive power designed for carrying persons or
324property and for being drawn by a motor vehicle and constructed so that no part of its weight
325rests upon the towing vehicle.
326 (80) "Transferee" means a person to whom the ownership of property is conveyed by
327sale, gift, or any other means except by the creation of a security interest.
328 (81) "Transferor" means a person who transfers the person's ownership in property by
329sale, gift, or any other means except by creation of a security interest.
330 (82) "Travel trailer," "camping trailer," or "fifth wheel trailer" means a portable vehicle
331without motive power, designed as a temporary dwelling for travel, recreational, or vacation
332use that does not require a special highway movement permit when drawn by a self-propelled
333motor vehicle.
334 (83) "Truck tractor" means a motor vehicle designed and used primarily for drawing
335other vehicles and not constructed to carry a load other than a part of the weight of the vehicle 2nd Sub. (Gray) H.B. 444 02-21-23 3:16 PM
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336and load that is drawn.
337 (84) "Vehicle" includes a motor vehicle, trailer, semitrailer, off-highway vehicle,
338camper, park model recreational vehicle, manufactured home, and mobile home.
339 (85) "Vessel" means the same as that term is defined in Section 73-18-2.
340 (86) "Vintage vehicle" means the same as that term is defined in Section 41-21-1.
341 (87) "Waters of this state" means the same as that term is defined in Section 73-18-2.
342 (88) "Weighmaster" means a person, association of persons, or corporation permitted
343to weigh vehicles under this chapter.
344 Section 2. Section 41-1a-1201 is amended to read:
345 41-1a-1201. Disposition of fees.
346 (1) All fees received and collected under this part shall be transmitted daily to the state
347treasurer.
348 (2) Except as provided in Subsections (3), (6), (7), (8), and (9) and Sections 41-1a-422,
34941-1a-1220, 41-1a-1221, [and] 41-1a-1223, and 41-1a-1226 all fees collected under this part
350shall be deposited into the Transportation Fund.
351 (3) Funds generated under Subsections 41-1a-1211(1)(b)(ii), (6)(b)(ii), and (7) and
352Section 41-1a-1212 may be used by the commission to cover the costs incurred in issuing
353license plates under Part 4, License Plates and Registration Indicia.
354 (4) In accordance with Section 63J-1-602.2, all funds available to the commission for
355the purchase and distribution of license plates and decals are nonlapsing.
356 (5) (a) Except as provided in Subsections (3) and (5)(b) and Section 41-1a-1205, the
357expenses of the commission in enforcing and administering this part shall be provided for by
358legislative appropriation from the revenues of the Transportation Fund.
359 (b) Three dollars of the registration fees imposed under Subsections 41-1a-1206(2)(a)
360and (b) for each vehicle registered for a six-month registration period under Section
36141-1a-215.5 may be used by the commission to cover the costs incurred in enforcing and
362administering this part.
363 (c) Fifty cents of the registration fee imposed under Subsection 41-1a-1206(1)(i) for
364each vintage vehicle that has a model year of 1981 or newer may be used by the commission to
365cover the costs incurred in enforcing and administering this part.
366 (6) (a) The following portions of the registration fees imposed under Section 02-21-23 3:16 PM 2nd Sub. (Gray) H.B. 444
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36741-1a-1206 for each vehicle shall be deposited into the Transportation Investment Fund of
3682005 created under Section 72-2-124:
369 (i) $30 of the registration fees imposed under Subsections 41-1a-1206(1)(a), (1)(b),
370(1)(f), (4), and (7);
371 (ii) $21 of the registration fees imposed under Subsections 41-1a-1206(1)(c)(i) and
372(1)(c)(ii);
373 (iii) $2.50 of the registration fee imposed under Subsection 41-1a-1206(1)(e)(ii);
374 (iv) $23 of the registration fee imposed under Subsection 41-1a-1206(1)(d)(i);
375 (v) $24.50 of the registration fee imposed under Subsection 41-1a-1206(1)(e)(i); and
376 (vi) $1 of the registration fee imposed under Subsection 41-1a-1206(1)(d)(ii).
377 (b) The following portions of the registration fees collected for each vehicle registered
378for a six-month registration period under Section 41-1a-215.5 shall be deposited into the
379Transportation Investment Fund of 2005 created by Section 72-2-124:
380 (i) $23.25 of each registration fee collected under Subsection 41-1a-1206(2)(a)(i); and
381 (ii) $23 of each registration fee collected under Subsection 41-1a-1206(2)(a)(ii).
382 (7) (a) Ninety-four cents of each registration fee imposed under Subsections
38341-1a-1206(1)(a) and (b) for each vehicle shall be deposited into the Public Safety Restricted
384Account created in Section 53-3-106.
385 (b) Seventy-one cents of each registration fee imposed under Subsections
38641-1a-1206(2)(a) and (b) for each vehicle registered for a six-month registration period under
387Section 41-1a-215.5 shall be deposited into the Public Safety Restricted Account created in
388Section 53-3-106.
389 (8) (a) One dollar of each registration fee imposed under Subsections 41-1a-1206(1)(a)
390and (b) for each vehicle shall be deposited into the Motor Vehicle Safety Impact Restricted
391Account created in Section 53-8-214.
392 (b) One dollar of each registration fee imposed under Subsections 41-1a-1206(2)(a)
393and (b) for each vehicle registered for a six-month registration period under Section
39441-1a-215.5 shall be deposited into the Motor Vehicle Safety Impact Restricted Account
395created in Section 53-8-214.
396 (9) Fifty cents of each registration fee imposed under Subsection 41-1a-1206(1)(a) for
397each motorcycle shall be deposited into the Spinal Cord and Brain Injury Rehabilitation Fund 2nd Sub. (Gray) H.B. 444 02-21-23 3:16 PM
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398created in Section 26-54-102.
399 Section 3. Section 41-1a-1226 is enacted to read:
400 41-1a-1226. Recreational Vehicle Grant Program fee.
401 (1) In addition to the applicable registration fees described in Subsection 41-1a-1206,
402the commission shall collect, at the time of registration, the Recreational Vehicle Grant
403Program fee from a person registering a recreational vehicle.
404 (2) The funds collected by the commission in Subsection (1) shall be deposited into the
405Recreational Vehicle Account created in Subsection 79-7-502.
406 (3) (a) Subject to Subsection (3)(b), the fee collected in Subsection (1) shall be $25.
407 (b) Beginning on January 1, 2025, and each January 1 thereafter, the commission shall
408adjust the Recreational Vehicle Grant Program fee described in Subsection (3)(a) by taking the
409fee for the previous year and adding an amount equal to the greater of:
410 (i) an amount calculated by multiplying the Recreational Vehicle Grant Program fee of
411the previous year by the actual percentage change during the previous fiscal year in the
412Consumer Price Index; and
413 (ii) 0.
413a º (c) The amounts calculated as described in Subsection (3)(b) shall be rounded up to the
413bnearest 25 cents. »
414 Section 4. Section 79-7-102 is amended to read:
415 79-7-102. Definitions.
416 As used in this chapter:
417 (1) "Commission" means the Outdoor Adventure Commission created in Section
41863C-21-201.
419 (2) "Director" means the director of the Division of Outdoor Recreation described in
420Section 79-7-202.
421 [(2)] (3) "Division" means the Division of Outdoor Recreation created in Section
42279-7-201.
423 Section 5. Section 79-7-501 is enacted to read:
424 Part 5. Recreational Vehicle Grant Program
425 79-7-501. Definitions.
426 As used in this part:
427 (1) "Advisory committee" means the Recreational Vehicle Grant Advisory Committee,
428created in Section 79-7-503. 02-21-23 3:16 PM 2nd Sub. (Gray) H.B. 444
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429 (2) "Motor home" means the same as that term is defined in Section 13-14-102.
430 (3) "Park model recreational vehicle" means the same as that term is defined in Section
43141-1a-102.
432 (4) "Recreational vehicle" means the same as that term is defined in Section 13-14-102.
433 (5) "Travel trailer," "camping trailer," or "fifth wheel trailer" means the same as that
434term is defined in Section 13-14-102.
435 Section 6. Section 79-7-502 is enacted to read:
436 79-7-502. Recreational Vehicle Account.
437 (1) There is created an expendable special revenue account called the Recreational
438Vehicle Account º [in the General Fund] » .
439 (2) The Recreational Vehicle Account described in Subsection (1) is funded through
440the collection of revenues received from the Recreational Vehicle Grant Program fee described
441in Section 41-1a-1226.
442 (3) The division shall administer the account described in Subsection (1) in
443consultation with the advisory committee.
444 (4) The division may use money from the account only to:
445 (a) provide grants described in Section 79-7-503; and
446 (b) cover the costs of administering the account.
447 (5) Interest accrued from investment of money in the account shall remain in the
448account.
449 Section 7. Section 79-7-503 is enacted to read:
450 79-7-503. Recreational Vehicle Grant Program creation and organization.
451 (1) There is created the Recreational Vehicle Grant Program within the division.
452 (2) The director of the division shall designate staff with relevant expertise or
453experience to administer the program.
454 (3) The division and the advisory committee shall:
455 (a) seek to accomplish the following objectives in administering the grant program:
456 (i) to enable public agencies to provide facilities for recreational vehicle use, such as
457improvements to campgrounds, campsites, dump stations, and other projects that would
458provide more general recreational vehicle access statewide;
459 (ii) to fund the acquisition, lease, construction, development, improvement, operations, 2nd Sub. (Gray) H.B. 444 02-21-23 3:16 PM
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460and maintenance of facilities and services designed to promote recreational vehicle users'
461health, safety, and enjoyment; and
462 (iii) to encourage residents and nonresidents of the state to take advantage of the beauty
463of the state's outdoors; and
464 (b) approve, or recommend for approval, grant requests based on the following criteria:
465 (i) whether the grant request adequately seeks to meet at least one of the objectives
466described in Subsection (3)(a);
467 (ii) the likelihood that the grant request will achieve at least one of the objectives
468described in Subsection (3)(a); and
469 (iii) the estimated cost of the grant request.
470 (4) (a) There is created the Recreational Vehicle Grant Advisory Committee, in the
471division, that is composed of the following nine members:
472 (i) the director of the division;
473 (ii) the director of the Division of State Parks, created in Section 79-4-201, or the
474director's designee; and
475 (iii) a member of the public representing recreation vehicle users from each of the
476seven association of governments regions in the state, including:
477 (A) Six County Association of Governments;
478 (B) Mountainland Association of Governments;
479 (C) Wasatch Front Regional Council;
480 (D) Bear River Association of Governments;
481 (E) Five County Association of Governments;
482 (F) Southeastern Utah Association of Local Governments; and
483 (G) Uintah Basin Association of Governments.
484 (b) The following may elect to participate in the advisory committee as a non-voting
485member:
486 (i) a representative from the recreational vehicle industry, appointed by a majority vote
487of the voting members of the committee;
488 (ii) one member from the Bureau of Land Management; and
489 (iii) one member from the United States Forest Service.
490 (5) (a) Except as required by Subsection (5)(b), when the term of an appointed advisory 02-21-23 3:16 PM 2nd Sub. (Gray) H.B. 444
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491committee member expires, the commission shall fill the open member's committee seat, by
492either:
493 (i) appointing a different individual to the open committee member's seat; or
494 (ii) reappointing the expired term member to a renewed four-year term.
495 (b) The commission shall, at the time of appointment or reappointment, adjust the
496length of terms so that the terms of appointed advisory committee members are staggered to
497ensure that approximately half of the appointed advisory committee members are appointed
498every two years.
499 (6) The director of the division shall serve as chair of the advisory committee.
500 (7) The advisory committee shall elect a vice chair from among the advisory committee
501members each year.
502 (8) When a vacancy occurs in the membership of the advisory committee, the
503commission shall appoint a replacement to serve out the remainder of that member's term.
504 (9) (a) A majority of the voting members of the advisory committee constitutes a
505quorum that may conduct advisory committee business.
506 (b) A majority of a quorum enables an action of the advisory committee.
507 (10) A member of the advisory committee may not receive compensation or benefits
508for the member's service in connection with the advisory committee, but an appointed member
509described in Subsection (4) may receive per diem and travel expenses in accordance with:
510 (a) Section 63A-3-106;
511 (b) Section 63A-3-107; and
512 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
51363A-3-107.
514 (11) The advisory committee shall advise and make recommendations to the division
515regarding a recreational vehicle grant.
516 Section 8. Section 79-7-504 is enacted to read:
517 79-7-504. Rulemaking.
518 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, after
519notifying the commission, and as described in this part, the division shall make rules to:
520 (1) develop, create, administer, and maintain the Recreational Vehicle Account
521described in Section 79-7-502, and the Recreational Vehicle Grant Program and the advisory 2nd Sub. (Gray) H.B. 444 02-21-23 3:16 PM
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522committee described in Section 79-7-503;
523 (2) coordinate with the State Tax Commission to receive funds the State Tax
524Commission collects from the Recreational Vehicle Grant Program fee described in Section
52541-1a-1226; and
526 (3) establish the procedures necessary for the review and approval of a recreational
527vehicle grant application as described in Section 79-7-503.
528 Section 9. Effective date.
529 This bill takes effect on January 1, 2024.