Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                          H.B. 519
Approved for Filing: P. Owen 6                              rd
                                                                   3 Sub. (Cherry)
          6 02-21-24 1:45 PM 6
                     Representative Scott H. Chew proposes the following substitute bill:
         DEPARTMENT OF NATURAL RESOURCES MODIFICATIONS
                                        2024 GENERAL SESSION
                                           STATE OF UTAH
                                     Chief Sponsor: Casey Snider
                                     Senate Sponsor: ____________
 6
 LONG TITLE
 General Description:
        This bill modifies provisions related to the Department of Natural Resources.
 Highlighted Provisions:
        This bill:
        < clarifies that the Species Protection Account is administered by the Division of
 Wildlife Resources;
        < modifies requirements related to the off-highway vehicle safety education and
 training program;
        < changes how the off-highway vehicle safety user fee is set and allows the Division
 of Outdoor Recreation to collect an electronic payment fee;
        < clarifies provisions related to the executive director of the Public Lands Policy
 Coordinating Office;
        < repeals a provision related to actions brought to a district court challenging a      3 rdSub. H.B. 519
 groundwater management plan;
        < repeals a requirement that the Board of Water Resources establish a benefit to cost
 ratio for certain water projects;
        < repeals the definition of "species protection";
        < repeals a provision requiring the Utah Geological Survey to seek federal funds and
     *HB0519S03*
      3rd Sub. (Cherry) H.B. 519                                               02-21-24 1:45 PM
 administer federally funded state programs related to energy;
        < modifies provisions related to mineral lease money being deposited into a restricted
 account used by the Utah Geological Survey;
        < modifies provisions related to the director of the Office of Energy Development and
 removes references to energy advisor;
        < clarifies the status of an employee of the Office of Energy Development;
        < repeals a requirement that the governor approve the purchase or acceptance of
 property by the Division of Outdoor Recreation;
        < repeals a requirement that 10% of certain expenditures by the Board of Water
 Resources be allocated for credit enhancement and interest buy-down agreements;
        < clarifies that the Division of Outdoor Recreation has duties related to a contingency
 plan for federal property during a fiscal emergency;
        < repeals outdated language, including appropriation language; and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        This bill provides a special effective date.
        This bill provides a coordination clause.
 Utah Code Sections Affected:
 AMENDS:
        41-22-31, as repealed and reenacted by Laws of Utah 2023, Chapter 11
        41-22-35, as last amended by Laws of Utah 2022, Chapters 68, 143
        51-9-306, as last amended by Laws of Utah 2023, Chapter 526
        59-12-103 (Contingently Superseded 01/01/25), as last amended by Laws of Utah
 2023, Chapters 22, 213, 329, 361, and 471
        59-12-103 (Contingently Effective 01/01/25), as last amended by Laws of Utah 2023,
 Chapters 22, 213, 329, 361, 459, and 471
        59-21-2, as last amended by Laws of Utah 2023, Chapter 217
        59-23-4, as last amended by Laws of Utah 2018, Chapter 413
        63J-1-602.1, as last amended by Laws of Utah 2023, Chapters 26, 33, 34, 194, 212,
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      02-21-24 1:45 PM                                               3rd Sub. (Cherry) H.B. 519
 330, 419, 434, 448, and 534
        63L-11-201, as last amended by Laws of Utah 2021, Chapter 345 and renumbered and
 amended by Laws of Utah 2021, Chapter 382
        73-5-15, as last amended by Laws of Utah 2023, Chapters 16, 230
        73-10-27, as last amended by Laws of Utah 2012, Chapter 347
        79-2-102, as last amended by Laws of Utah 2023, Chapter 34
        79-2-406, as enacted by Laws of Utah 2022, Chapter 216
        79-3-202, as last amended by Laws of Utah 2022, Chapter 216
        79-3-403, as enacted by Laws of Utah 2021, Chapter 401
        79-6-102, as renumbered and amended by Laws of Utah 2021, Chapter 280
        79-6-106, as enacted by Laws of Utah 2023, Chapter 233
        79-6-401, as last amended by Laws of Utah 2023, Chapter 196
        79-6-901, as renumbered and amended by Laws of Utah 2022, Chapter 44
        79-6-902, as renumbered and amended by Laws of Utah 2022, Chapter 44
        79-7-203, as last amended by Laws of Utah 2023, Chapter 33
 ENACTS:
        41-22-35.5, Utah Code Annotated 1953
 RENUMBERS AND AMENDS:
        23A-3-214, (Renumbered from 79-2-303, as renumbered and amended by Laws of
 Utah 2009, Chapter 344)
        79-6-404, (Renumbered from 79-6-202, as renumbered and amended by Laws of Utah
 2021, Chapter 280)
        79-6-405, (Renumbered from 79-6-203, as renumbered and amended by Laws of Utah
 2021, Chapter 280)
        79-7-601, (Renumbered from 79-4-1102, as enacted by Laws of Utah 2014, Chapter
 313)
        79-7-602, (Renumbered from 79-4-1103, as last amended by Laws of Utah 2022,
 Chapter 68)
 REPEALS:
        40-6-22, as last amended by Laws of Utah 2022, Chapter 443
        73-10-12, as Utah Code Annotated 1953
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        3rd Sub. (Cherry) H.B. 519                                                  02-21-24 1:45 PM
        73-10-13, as enacted by Laws of Utah 1963, Chapter 199
        73-10-31, as enacted by Laws of Utah 1996, Chapter 199
        79-4-1101, as enacted by Laws of Utah 2014, Chapter 313
        79-6-201, as renumbered and amended by Laws of Utah 2021, Chapter 280
 92
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 23A-3-214, which is renumbered from Section 79-2-303 is
 renumbered and amended to read:
        [79-2-303].     23A-3-214. Species Protection Account.
        (1) There is created within the General Fund a restricted account known as the Species
 Protection Account.
        (2) The account shall consist of:
        (a) revenue generated by the brine shrimp tax provided for in Title 59, Chapter 23,
 Brine Shrimp Royalty Act; and
        (b) interest earned on money in the account.
        (3) Money in the account may be appropriated by the Legislature to:
        (a) develop and implement species status assessments and species protection measures;
        (b) obtain biological opinions of proposed species protection measures;
        (c) conduct studies, investigations, and research into the effects of proposed species
 protection measures;
        (d) verify species protection proposals that are not based on valid biological data;
        (e) implement Great Salt Lake wetlands mitigation projects in connection with the
 western transportation corridor;
        (f) pay for the state's voluntary contributions to the Utah Reclamation Mitigation and
 Conservation Account under the Central Utah Project Completion Act, Pub. L. No. 102-575,
 Titles II-VI, 106 Stat. 4605-4655; and
        (g) pay for expenses of the State Tax Commission under Title 59, Chapter 23, Brine
 Shrimp Royalty Act.
        (4) The purposes specified in Subsections (3)(a) through (3)(d) may be accomplished
 by the state or, in an appropriation act, the Legislature may authorize the department to award
 grants to political subdivisions of the state to accomplish those purposes.
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           (5) Money in the account may not be used to develop or implement a habitat
 conservation plan required under federal law unless the federal government pays for at least 1/3
 of the habitat conservation plan costs.
           Section 2. Section 41-22-31 is amended to read:
           41-22-31. Division to set standards for safety program -- Safety certificates issued
 -- Cooperation with public and private entities -- State immunity from suit.
           (1) (a) The division shall:
           (i) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
 make rules, after notifying the commission, that establish curriculum standards for a
 comprehensive off-highway vehicle safety education and training program as described in this
 section; and
           (ii) implement the program.
           (b) (i) The division shall design the program to develop and instill the knowledge,
 attitudes, habits, and skills necessary for the safe and ethical operation of an off-highway
 vehicle.
           (ii) Components of the program shall include:
           (A) the preparation and dissemination of off-highway vehicle information and safety
 advice to the public;
           (B) the training of off-highway vehicle operators;
           (C) education concerning the importance of gates and fences used in agriculture and
 how to properly close a gate; and
           (D) education concerning respectful, sustainable, and on-trail off-highway vehicle
 operation, and respect for communities affected by off-highway vehicle operation.
           (iii) Off-highway vehicle safety certificates shall be issued to those who successfully
 complete training or pass the knowledge and skills test established under the program and
 described in Subsections (2) and (3).
           (iv) The division shall ensure that an individual has the option to complete the program
 online.
           (2) Except as provided in Subsection (4)(b), an individual under 18 years old may not
 operate an off-highway vehicle on public lands in this state unless the individual has completed
 the requirements of the program established in accordance with this section and rules made in
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        3rd Sub. (Cherry) H.B. 519                                                   02-21-24 1:45 PM
 accordance with Subsection (1) by completing:
        (a) an in-person safety and skills course offered by the division; or
        (b) a safety and skills course approved by the division that is offered online.
        (3) Except as provided in Subsection [(4)] (4)(a), an individual [that] who is 18 years
 old or older may not operate an off-highway vehicle on public lands in this state unless the
 individual has completed the requirements of the program established in accordance with this
 section and rules made in accordance with Subsection (1) by completing:
        (a) a course described in Subsection (2); or
        (b) a one-time course offered or approved by the division.
        (4) The requirements described in this section do not apply to:
        (a) an individual who is 18 years old or older operating:
        (i) a snowmobile [or];
        (ii) an off-highway implement of husbandry; or
        [(b)] (iii) [an individual operating] an off-highway vehicle as part of a guided tour or a
 sanctioned off-highway vehicle event[.]; or
        (b) an individual under 18 years old operating an off-highway implement of husbandry.
        (5) A person may not rent an off-highway vehicle to an individual until the individual
 who will operate the off-highway vehicle presents a certificate of completion of the
 off-highway vehicle safety education and training program established in accordance with this
 section and rules made under Subsection (1).
        (6) The division may cooperate with appropriate private organizations and
 associations, private and public corporations, and local government units to implement the
 program established under this section.
        (7) In addition to the governmental immunity granted in Title 63G, Chapter 7,
 Governmental Immunity Act of Utah, the state is immune from suit for any act, or failure to
 act, in any capacity relating to the off-highway vehicle safety education and training program.
 The state is also not responsible for any insufficiency or inadequacy in the quality of training
 provided by this program.
        (8) A person convicted of a violation of this section is guilty of an infraction and shall
 be fined not more than $150 per offense.
        Section 3. Section 41-22-35 is amended to read:
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        02-21-24 1:45 PM                                                 3rd Sub. (Cherry) H.B. 519
          41-22-35. Off-highway vehicle user fee -- Decal -- Agents -- Penalty for fraudulent
 issuance of decal -- Deposit and use of fee revenue.
          (1) (a) Except as provided in Subsection (1)(b), any person owning or operating a
 nonresident off-highway vehicle who operates or gives another person permission to operate
 the nonresident off-highway vehicle on any public land, trail, street, or highway in this state
 shall:
          (i) apply for an off-highway vehicle decal issued exclusively for an off-highway
 vehicle owned by a nonresident of the state;
          (ii) pay an annual off-highway vehicle user fee;
          (iii) provide evidence that the owner is a nonresident; and
          (iv) provide evidence of completion of the safety course and program described in
 Section [41-22-35] 41-22-31.
          (b) The provisions of Subsection (1)(a) do not apply to an off-highway vehicle if the
 off-highway vehicle is:
          (i) used exclusively as an off-highway implement of husbandry;
          (ii) used exclusively for the purposes of a scheduled competitive event sponsored by a
 public or private entity or another event sponsored by a governmental entity under rules made
 by the division, after notifying the commission;
          (iii) owned and operated by a state government agency and the operation of the
 off-highway vehicle within the boundaries of the state is within the course and scope of the
 duties of the agency;
          (iv) used exclusively for the purpose of an off-highway vehicle manufacturer
 sponsored event within the state under rules made by the division; or
          (v) operated as part of a sanctioned off-highway vehicle event or part of an official tour
 by a person licensed as a off-highway vehicle tour guide in this state.
          (2) [The off-highway vehicle user fee is $30.] The division may:
          (a) after notifying the commission, set a resident and nonresident off-highway vehicle
 user fee in accordance with Section 63J-1-504; and
          (b) collect an electronic payment fee in accordance with Section 41-22-35.5.
          (3) Upon compliance with [the provisions of] Subsection (1)(a), the nonresident shall:
          (a) receive a nonresident off-highway vehicle user decal indicating compliance with the
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        3rd Sub. (Cherry) H.B. 519                                                    02-21-24 1:45 PM
 provisions of Subsection (1)(a); and
           (b) display the decal on the off-highway vehicle in accordance with rules made by the
 division.
           (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
 division, after notifying the commission, shall make rules establishing:
           (a) procedures for:
           (i) the payment of off-highway vehicle user fees; and
           (ii) the display of a decal on an off-highway vehicle as required under Subsection
 (3)(b);
           (b) acceptable evidence indicating compliance with Subsection (1);
           (c) eligibility for scheduled competitive events or other events under Subsection
 (1)(b)(ii); and
           (d) eligibility for an off-highway vehicle manufacturer sponsored event under
 Subsection (1)(b)(iv).
           (5) (a) An off-highway vehicle user decal may be issued and the off-highway vehicle
 user fee may be collected by the division or agents of the division.
           (b) An agent shall retain 10% of all off-highway vehicle user fees collected.
           (c) The division may require agents to obtain a bond in a reasonable amount.
           (d) On or before the tenth day of each month, each agent shall:
           (i) report all sales to the division; and
           (ii) submit all off-highway vehicle user fees collected less the remuneration provided in
 Subsection (5)(b).
           (e) (i) If an agent fails to pay the amount due, the division may assess a penalty of 20%
 of the amount due.
           (ii) Delinquent payments shall bear interest at the rate of 1% per month.
           (iii) If the amount due is not paid because of bad faith or fraud, the division shall assess
 a penalty of 100% of the total amount due together with interest.
           (f) All fees collected by an agent, except the remuneration provided in Subsection
 (5)(b), shall:
           (i) be kept separate and apart from the private funds of the agent; and
           (ii) belong to the state.
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