LEGISLATIVE GENERAL COUNSEL H.B. 446
6 Approved for Filing: K. Orton 6 1st Sub. (Buff)
6 02-12-24 5:45 PM 6
Representative Jeffrey D. Stenquist proposes the following substitute bill:
1 RECREATIONAL VEHICLE GRANT PROGRAM
2 2024 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jeffrey D. Stenquist
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill creates the Recreational Vehicle Grant Program and establishes funding for the
10 program.
11 Highlighted Provisions:
12 This bill:
13 < defines terms;
14 < creates the Recreational Vehicle Account and requires the State Tax Commission to
15 deposit a portion of certain funds into the account;
16 < creates the Recreational Vehicle Grant Program within the Division of Outdoor
17 Recreation;
18 < creates the Recreational Vehicle Grant Advisory Committee and sets committee
19 rules and procedures;
20 < provides the Division of Outdoor Recreation with rulemaking authority related to 1st Sub. H.B. 446
21 the Recreational Vehicle Grant Program; and
22 < makes technical changes.
23 Money Appropriated in this Bill:
24 None
25 Other Special Clauses:
*HB0446S01*
 1st Sub. (Buff) H.B. 446 02-12-24 5:45 PM
26 None
27 Utah Code Sections Affected:
28 AMENDS:
29 59-2-405.2, as last amended by Laws of Utah 2023, Chapter 159
30 59-2-405.3, as last amended by Laws of Utah 2018, Chapter 432
31 79-7-102, as last amended by Laws of Utah 2022, Chapter 68
32 ENACTS:
33 79-7-601, Utah Code Annotated 1953
34 79-7-602, Utah Code Annotated 1953
35 79-7-603, Utah Code Annotated 1953
36 79-7-604, Utah Code Annotated 1953
37
38 Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 59-2-405.2 is amended to read:
40 59-2-405.2. Definitions -- Uniform statewide fee on certain tangible personal
41 property -- Distribution of revenues -- Rulemaking authority -- Determining the length of
42 a vessel.
43 (1) As used in this section:
44 (a) (i) Except as provided in Subsection (1)(a)(ii), "all-terrain vehicle" means a motor
45 vehicle that:
46 (A) is an:
47 (I) all-terrain type I vehicle as defined in Section 41-22-2;
48 (II) all-terrain type II vehicle as defined in Section 41-22-2; or
49 (III) all-terrain type III vehicle as defined in Section 41-22-2;
50 (B) is required to be registered in accordance with Title 41, Chapter 22, Off-highway
51 Vehicles; and
52 (C) has:
53 (I) an engine with more than 150 cubic centimeters displacement;
54 (II) a motor that produces more than five horsepower; or
55 (III) an electric motor; and
56 (ii) notwithstanding Subsection (1)(a)(i), "all-terrain vehicle" does not include a
-2-
 02-12-24 5:53 PM 1st Sub. (Buff) H.B. 446
57 snowmobile.
58 (b) "Camper" means a camper:
59 (i) as defined in Section 41-1a-102; and
60 (ii) that is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
61 Registration.
62 (c) (i) "Canoe" means a vessel that:
63 (A) is long and narrow;
64 (B) has curved sides; and
65 (C) is tapered:
66 (I) to two pointed ends; or
67 (II) to one pointed end and is blunt on the other end; and
68 (ii) "canoe" includes:
69 (A) a collapsible inflatable canoe;
70 (B) a kayak;
71 (C) a racing shell;
72 (D) a rowing scull; or
73 (E) notwithstanding the definition of vessel in Subsection (1)(cc), a canoe with an
74 outboard motor.
75 (d) "Dealer" is as defined in Section 41-1a-102.
76 (e) "Jon boat" means a vessel that:
77 (i) has a square bow; and
78 (ii) has a flat bottom.
79 (f) "Motor vehicle" is as defined in Section 41-22-2.
80 (g) "Other motorcycle" means a motor vehicle that:
81 (i) is:
82 (A) a motorcycle as defined in Section 41-1a-102; and
83 (B) designed primarily for use and operation over unimproved terrain;
84 (ii) is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
85 Registration; and
86 (iii) has:
87 (A) an engine with more than 150 cubic centimeters displacement; or
-3-
 1st Sub. (Buff) H.B. 446 02-12-24 5:45 PM
88 (B) a motor that produces more than five horsepower.
89 (h) (i) "Other trailer" means a portable vehicle without motive power that is primarily
90 used:
91 (A) to transport tangible personal property; and
92 (B) for a purpose other than a commercial purpose; and
93 (ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
94 purposes of Subsection (1)(h)(i)(B), the commission may by rule define what constitutes a
95 purpose other than a commercial purpose.
96 (i) "Outboard motor" is as defined in Section 41-1a-102.
97 (j) "Park model recreational vehicle" is as defined in Section 41-1a-102.
98 (k) "Personal watercraft" means a personal watercraft:
99 (i) as defined in Section 73-18-2; and
100 (ii) that is required to be registered in accordance with Title 73, Chapter 18, State
101 Boating Act.
102 (l) (i) "Pontoon" means a vessel that:
103 (A) is:
104 (I) supported by one or more floats; and
105 (II) propelled by either inboard or outboard power; and
106 (B) is not:
107 (I) a houseboat; or
108 (II) a collapsible inflatable vessel; and
109 (ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
110 commission may by rule define the term "houseboat."
111 (m) "Qualifying adjustment, exemption, or reduction" means an adjustment,
112 exemption, or reduction:
113 (i) of all or a portion of a qualifying payment;
114 (ii) granted by a county during the refund period; and
115 (iii) received by a qualifying person.
116 (n) (i) "Qualifying payment" means the payment made:
117 (A) of a uniform statewide fee in accordance with this section:
118 (I) by a qualifying person;
-4-
 02-12-24 5:53 PM 1st Sub. (Buff) H.B. 446
119 (II) to a county; and
120 (III) during the refund period; and
121 (B) on an item of qualifying tangible personal property; and
122 (ii) if a qualifying person received a qualifying adjustment, exemption, or reduction for
123 an item of qualifying tangible personal property, the qualifying payment for that qualifying
124 tangible personal property is equal to the difference between:
125 (A) the payment described in this Subsection (1)(n) for that item of qualifying tangible
126 personal property; and
127 (B) the amount of the qualifying adjustment, exemption, or reduction.
128 (o) "Qualifying person" means a person that paid a uniform statewide fee:
129 (i) during the refund period;
130 (ii) in accordance with this section; and
131 (iii) on an item of qualifying tangible personal property.
132 (p) "Qualifying tangible personal property" means a:
133 (i) qualifying vehicle; or
134 (ii) qualifying watercraft.
135 (q) "Qualifying vehicle" means:
136 (i) an all-terrain vehicle with an engine displacement that is 100 or more cubic
137 centimeters but 150 or less cubic centimeters;
138 (ii) an other motorcycle with an engine displacement that is 100 or more cubic
139 centimeters but 150 or less cubic centimeters;
140 (iii) a small motor vehicle with an engine displacement that is 100 or more cubic
141 centimeters but 150 or less cubic centimeters;
142 (iv) a snowmobile with an engine displacement that is 100 or more cubic centimeters
143 but 150 or less cubic centimeters; or
144 (v) a street motorcycle with an engine displacement that is 100 or more cubic
145 centimeters but 150 or less cubic centimeters.
146 (r) "Qualifying watercraft" means a:
147 (i) canoe;
148 (ii) collapsible inflatable vessel;
149 (iii) jon boat;
-5-
 1st Sub. (Buff) H.B. 446 02-12-24 5:45 PM
150 (iv) pontoon;
151 (v) sailboat; or
152 (vi) utility boat.
153 (s) "Refund period" means the time period:
154 (i) beginning on January 1, 2006; and
155 (ii) ending on December 29, 2006.
156 (t) "Sailboat" means a sailboat as defined in Section 73-18-2.
157 (u) (i) "Small motor vehicle" means a motor vehicle that:
158 (A) is required to be registered in accordance with Title 41, Motor Vehicles; and
159 (B) has:
160 (I) an engine with 150 or less cubic centimeters displacement; or
161 (II) a motor that produces five or less horsepower; and
162 (ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
163 commission may by rule develop a process for an owner of a motor vehicle to certify whether
164 the motor vehicle has:
165 (A) an engine with 150 or less cubic centimeters displacement; or
166 (B) a motor that produces five or less horsepower.
167 (v) "Snowmobile" means a motor vehicle that:
168 (i) is a snowmobile as defined in Section 41-22-2;
169 (ii) is required to be registered in accordance with Title 41, Chapter 22, Off-highway
170 Vehicles; and
171 (iii) has:
172 (A) an engine with more than 150 cubic centimeters displacement; or
173 (B) a motor that produces more than five horsepower.
174 (w) "Street-legal all-terrain vehicle" means the same as that term is defined in Section
175 41-6a-102.
176 (x) "Street motorcycle" means a motor vehicle that:
177 (i) is:
178 (A) a motorcycle as defined in Section 41-1a-102; and
179 (B) designed primarily for use and operation on highways;
180 (ii) is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
-6-
 02-12-24 5:53 PM 1st Sub. (Buff) H.B. 446
181 Registration; and
182 (iii) has:
183 (A) an engine with more than 150 cubic centimeters displacement; or
184 (B) a motor that produces more than five horsepower.
185 (y) "Tangible personal property owner" means a person that owns an item of qualifying
186 tangible personal property.
187 (z) "Tent trailer" means a portable vehicle without motive power that:
188 (i) is constructed with collapsible side walls that:
189 (A) fold for towing by a motor vehicle; and
190 (B) unfold at a campsite;
191 (ii) is designed as a temporary dwelling for travel, recreational, or vacation use;
192 (iii) is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
193 Registration; and
194 (iv) does not require a special highway movement permit when drawn by a
195 self-propelled motor vehicle.
196 (aa) (i) Except as provided in Subsection (1)(aa)(ii), "travel trailer" means a travel
197 trailer:
198 (A) as defined in Section 41-1a-102; and
199 (B) that is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
200 Registration; and
201 (ii) notwithstanding Subsection (1)(aa)(i), "travel trailer" does not include:
202 (A) a camper; or
203 (B) a tent trailer.
204 (bb) (i) "Utility boat" means a vessel that:
205 (A) has:
206 (I) two or three bench seating;
207 (II) an outboard motor; and
208 (III) a hull made of aluminum, fiberglass, or wood; and
209 (B) does not have:
210 (I) decking;
211 (II) a permanent canopy; or
-7-
 1st Sub. (Buff) H.B. 446 02-12-24 5:45 PM
212 (III) a floor other than the hull; and
213 (ii) notwithstanding Subsection (1)(bb)(i), "utility boat" does not include a collapsible
214 inflatable vessel.
215 (cc) "Vessel" means a vessel:
216 (i) as defined in Section 73-18-2, including an outboard motor of the vessel; and
217 (ii) that is required to be registered in accordance with Title 73, Chapter 18, State
218 Boating Act.
219 (2) (a) In accordance with Utah Constitution Article XIII, Section 2, Subsection (6),
220 beginning on January 1, 2006, the tangible personal property described in Subsection (2)(b) is:
221 (i) exempt from the tax imposed by Section 59-2-103; and
222 (ii) in lieu of the tax imposed by Section 59-2-103, subject to uniform statewide fees as
223 provided in this section.
224 (b) The following tangible personal property applies to Subsection (2)(a) if that
225 tangible personal property is required to be registered with the state:
226 (i) an all-terrain vehicle;
227 (ii) a camper;
228 (iii) an other motorcycle;
229 (iv) an other trailer;
230 (v) a personal watercraft;
231 (vi) a small motor vehicle;
232 (vii) a snowmobile;
233 (viii) a street motorcycle;
234 (ix) a tent trailer;
235 (x) a travel trailer;
236 (xi) a park model recreational vehicle; and
237 (xii) a vessel if that vessel is less than 31 feet in length as determined under Subsection
238 (8).
239 (3) Except as provided in Subsection (4) and for purposes of this section, the uniform
240 statewide fees are:
241 (a) for a snowmobile:
-8-
 02-12-24 5:53 PM 1st Sub. (Buff) H.B. 446
242 Age of Snowmobile Uniform Statewide Fee
243 12 or more years $10
244 9 or more years but less than 12 years $20
245 6 or more years but less than 9 years $30
246 3 or more years but less than 6 years $35
247 Less than 3 years $45
248 (b) for an all-terrain vehicle that is not a street-legal all-terrain vehicle or another
249 motorcycle:
Age of All-Terrain Vehicle or Other Motorcycle Uniform Uniform Statewide Fee
250
Statewide Fee
251 12 or more years $4
252 9 or more years but less than 12 years $8
253 6 or more years but less than 9 years $12
254 3 or more years but less than 6 years $14
255 Less than 3 years $18
256 (c) for a street-legal all-terrain vehicle:
257 Age of Street-Legal All-Terrain Vehicle Uniform Statewide Fee
258 12 or more years $4
259 9 or more years but less than 12 years $14
260 6 or more years but less than 9 years $20
261 3 or more years but less than 6 years $28
262 Less than 3 years $38
263 (d) for a camper or a tent trailer:
264 Age of Camper or Tent Trailer Uniform Statewide Fee
265 12 or more years $10
-9-
 1st Sub. (Buff) H.B. 446 02-12-24 5:45 PM
266 9 or more years but less than 12 years $25
267 6 or more years but less than 9 years $35
268 3 or more years but less than 6 years $50
269 Less than 3 years $70
270 (e) for an other trailer:
271 Age of Other Trailer Uniform Statewide Fee
272 12 or more years $10
273 9 or more years but less than 12 years $15
274 6 or more years but less than 9 years $20
275 3 or more years but less than 6 years $25
276 Less than 3 years $30
277 (f) for a personal watercraft: