HB 444

Enrolled Copy  H.B. 444
1State Land Access Road Amendments
                                     2026 GENERAL SESSION
                                          STATE OF UTAH
                                    Chief Sponsor: Troy Shelley
                                  Senate Sponsor: Keven J. Stratton
2
3  LONG TITLE
4  General Description:
5      This bill amends provisions related to the abandonment and closure of a class D road and
6  public access.
7  Highlighted Provisions:
8      This bill:
9      ▸ amends requirements for off-highway vehicle equipment while operating in certain areas;
10      ▸ provides a process necessary for a county and the state to abandon a class D road;
11      ▸ requires public meetings and notice before abandonment of a class D road;
12      ▸ ensures that existing easements and access rights for public utilities and water
13  infrastructure are not impacted by the abandonment of a class D road;
14      ▸ amends provisions related to the closure of a class D road due to lack of public use to
15  include roads across property owned by a public entity or an institution of higher
16  education;
17      ▸ amends a criminal provision related to discharging a firearm near a class D road; and
18      ▸ makes technical changes.
19  Money Appropriated in this Bill:
20      None
21  Other Special Clauses:
22      None
23  Utah Code Sections Affected:
24  AMENDS:
25      23A-6-303, as last amended by Laws of Utah 2025, Chapter 131
26      41-22-10.7, as last amended by Laws of Utah 2025, Chapter 285
27      53C-2-106, as enacted by Laws of Utah 2025, Chapter 131
H.B. 444  Enrolled Copy
2863L-11-205, as enacted by Laws of Utah 2025, Chapter 131
2972-3-105, as last amended by Laws of Utah 2025, Chapter 131
3072-3-108, as last amended by Laws of Utah 2023, Chapter 435
3172-5-102, as last amended by Laws of Utah 2023, Chapter 22
3272-5-105, as last amended by Laws of Utah 2024, Chapter 472
3376-11-201, as enacted by Laws of Utah 2025, Chapter 173
3476-11-209, as renumbered and amended by Laws of Utah 2025, Chapters 173, 208
35
36   Be it enacted by the Legislature of the state of Utah:
37Section 1. Section 23A-6-303 is amended to read:
3823A-6-303 . Review and adoption of management plans.
39   (1) The division shall submit a draft management plan to the Resource Development
40Coordinating Committee created in Section 63L-11-401 and the Habitat Council created
41by the division for their review and recommendations.
42   (2) The division shall submit a draft management plan and any recommendations received
43from the Resource Development Coordinating Committee and the Habitat Council to:
44(a) the regional advisory council for the wildlife region in which the lands covered by
45the management plan are located; and
46(b) the regional advisory council for a wildlife region that may be affected by the
47management plan.
48   (3) A regional advisory council reviewing a draft management plan may make
49recommendations to the director.
50   (4) The director may adopt the management plan, adopt the management plan with
51amendments, or reject the management plan.
52   (5)(a) At the request of the director or a member of the Wildlife Board, the Wildlife
53Board may review a management plan to determine whether the plan is consistent
54with Wildlife Board policies.
55(b) The director may amend a management plan in accordance with recommendations
56made by the Wildlife Board.
57   (6) Neither the division nor the director may permanently close a road within a wildlife
58management area as part of a management plan without [consent of] coordinating with
59the county legislative body within which the wildlife management area is located.
60   (7)(a) The division shall record with the county in which the wildlife management area
61is located any road on or across the wildlife management area before the sale or
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62      exchange of a wildlife management area.
63      (b) The sale or exchange of any portion of a wildlife management area is subject to the
64public access rights existing at the time of the sale or exchange.
65Section 2. Section 41-22-10.7 is amended to read:
6641-22-10.7 . Vehicle equipment requirements -- Rulemaking -- Exceptions.
67  (1) Except as provided under Subsection (3), an off-highway vehicle shall be equipped with:
68      (a) brakes adequate to control the movement of and to stop and hold the vehicle under
69normal operating conditions;
70      (b) headlights and taillights when operated between sunset and sunrise;
71      (c) a noise control device and except for a snowmobile, a spark arrestor device; and
72      (d) when operated on sand dunes designated by the division, a safety flag that is:
73[(i) red or orange in color;]
74[(ii)] (i) a minimum of six by 12 inches; and
75[(iii)] (ii) attached to:
76(A) the off-highway vehicle so that the safety flag is at least eight feet above the
77surface of level ground; or
78(B) the protective headgear of a person operating an off-highway motorcycle so
79that the safety flag is at least 18 inches above the top of the person's head.
80  (2) A violation of Subsection (1) is an infraction.
81  (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
82      division may make rules, after notifying the commission, which set standards for the
83      equipment and which designate sand dunes where safety flags are required under
84      Subsection (1).
85  (4) An off-highway implement of husbandry used only in agricultural operations and not
86      operated on a highway, is exempt from the provisions of this section.
87Section 3. Section 53C-2-106 is amended to read:
8853C-2-106 . Identification and recording of public roads located on trust lands.
89  (1) The director shall:
90      (a) subject to Subsection (2), using the State Geographic Information Database created
91in Section 63A-16-506, and other available information, identify temporary public
92easements or rights of entry granted pursuant to Section 72-5-203 for roads located
93on trust lands within each county; and
94      (b) subject to Section 72-5-203, record with the county recorder of the county in which
95the temporary public easement or right of entry is located a grant or permanent
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96easement as described in Subsection (4) that gives notice of the existence of the
97public road.
98   (2)(a) Subject to Subsection (2)(b), the director may complete the requirements of
99Subsection (1) over time and as resources allow.
100(b) For Carbon County, Garfield County, Grand County, Kane County, San Juan
101County, Uintah County, and Wayne County, the director shall complete the
102requirements described in Subsection (1) on or before January 5, 2026.
103(c) For a county not described in Subsection (2)(b), the director shall strategically
104complete the requirements described in Subsection (1) as funding and staffing
105resources allow to promote and protect access to public lands.
106   (3) The director is not required to identify or record notice of any class A, class B, or class
107C roads, as those terms are defined in Title 72, Chapter 3, Part 1, Highways in General.
108   (4) The grant of easement required in Subsection (1)(b) shall include:
109(a) a requirement that the roads remain open for public use; and
110(b) a legal description, as described in Subsection 57-3-105(4), of the relevant roads
111sufficient for reasonable identification of the road.
112   (5)(a) If a parcel of trust lands is subject to a sale or an exchange as provided in this title,
113the director shall ensure that the requirements of Subsection (1) are completed before
114the sale or exchange is finalized.
115(b) The sale or exchange of trust lands is subject to the grant of permanent easement
116existing at the time of the sale or exchange.
117Section 4. Section 63L-11-205 is amended to read:
11863L-11-205 . Identification and recording of public roads located on state-owned
119   public lands.
120   (1) As used in this section, "state land" means land owned by:
121(a) the Department of Natural Resources;
122(b) the Division of Forestry, Fire, and State Lands;
123(c) the Division of State Parks; and
124(d) any other state land management agency.
125   (2)(a) In coordination with the relevant owner, the advisor shall:
126(i) subject to Subsection (3), using the State Geographic Information Database
127created in Section 63A-16-506, and other available information, identify roads
128located on state land; and
129(ii) subject to Subsection (2)(b), record with the county recorder of the county in
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130which the state land is located a document as described in Subsection (5) that
131gives notice of the existence of the public road or right-of-way.
132      (b) The advisor may not record a notice described in Subsection (2)(a)(ii) for a road on
133state land that is owned by the Division of Wildlife Resources until the land is sold or
134exchanged as described in Subsection (6).
135  (3)(a) Subject to Subsection (3)(b), the advisor may complete the requirements of
136      Subsection (2) over time and as resources allow.
137      (b) For Carbon County, Garfield County, Grand County, Kane County, San Juan
138County, Uintah County, and Wayne County, the advisor shall complete the
139requirements described in Subsection (2) on or before January 5, 2026.
140      (c) For a county not described in Subsection (3)(b), the advisor shall strategically
141complete the requirements described in Subsection (2) as funding and staffing
142resources allow to promote and protect access to public lands.
143  (4) The advisor is not required to identify or record notice of any class A, class B, or class
144      C roads, as those terms are defined in Title 72, Chapter 3, Part 1, Highways in General.
145  (5) The notice required in Subsection (2)(a)(ii) shall include:
146      (a) a title identifying the roads as "Public Access"; and
147      (b) a legal description, as described in Subsection 57-3-105(4), of the relevant roads or
148rights-of-way sufficient for reasonable identification of the road.
149  (6)(a) If a parcel of state land is subject to a sale or an exchange, the advisor shall ensure
150      that the requirements of Subsection (2) are completed before the sale or exchange is
151      finalized.
152      (b) The sale or exchange of state land is subject to the public access rights [existing at
153the time of the sale or exchange] in place:
154(i) at the time the state acquired the land; and
155(ii) at any time during the state's ownership of the land.
156  [(7)(a) The Division of Wildlife Resources shall identify roads within a wildlife
157      management area in the respective property's habitat management plan, as required in
158      Section 23A-6-302.]
159      [(b) For any road identified under Subsection (7)(a), the Division of Wildlife Resources
160may:]
161[(i) temporarily close a road for the benefit of wildlife; and]
162[(ii) permanently close roads for the benefit of wildlife only:]
163[(A) through the habitat management plan review and approval process in Section
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16423A-6-303; and]
165[(B) beginning on May 7, 2025, with consent of the county legislative body within
166which the road is located.]
167[(c) Notwithstanding Subsection (7)(b), the Division of Wildlife Resources may close a
168road for the benefit of wildlife if:]
169[(i) there is an alternative road that will remain open that provides reasonable access
170to the same area;]
171[(ii) the road to be closed forks from the alternative road that will remain open;]
172[(iii) the road to be closed is less traveled than the alternative road that will remain
173open;]
174[(iv) the road to be closed travels in approximately the same direction as the
175alternative road that will remain open; and]
176[(v) the road to be closed intersects with the alternative road that will remain open
177within 2,000 feet of the location where the road to be closed forks from the road
178that will remain open.]
179[(d)(i) The Division of Wildlife Resources shall record with the county in which the
180wildlife management area property is located, any road on or across the wildlife
181management area prior to any sale or exchange of any wildlife management area
182property.]
183[(ii) The sale or exchange of Division of Wildlife Resources land is subject to the
184public access rights existing at the time of the sale or exchange.]
185Section 5. Section 72-3-105 is amended to read:
18672-3-105 . Class D roads -- Maps to be prepared by county -- Indication of roads.
187   (1) As used in this section, "class D road" means any road, way, or other land surface route
188that has been or is established by use or constructed [and has been maintained ]to
189provide for usage by the public for vehicles with four or more wheels that is not a class
190A, class B, or class C road under this title, or an R.S. 2477 right-of-way, as that term is
191defined in Section 72-5-301.
192   (2) Each class D road is part of the highway and road system within the state with the same [
193force and ]effect as if the class D road had been included within this system upon [its] the
194class D road being first established or constructed.
195   (3) The state and county have joint undivided interest in the title to all rights-of-way for
196class D roads, unless the state or county has vacated and abandoned interest in the class
197D road.
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198  (4)(a) Subject to Subsection (4)(b), the county governing body exercises sole jurisdiction
199      and control of class D roads within the county.
200      (b) If a county vacates or abandons a class D road, the department exercises sole
201jurisdiction and control of the class D road.
202  (5)(a) Each county shall prepare maps showing to the best of [its] the county's ability the
203      class D roads within [its] the county's boundaries which were in existence as of
204      October 21, 1976.
205      (b) Preparation of [these] the maps described in Subsection (5)(a) may be done by the
206county [itself ]or through any multi-county planning district in which the county
207participates.
208  (6) Any class D road which is established or constructed after October 21, 1976, shall be
209      reflected on maps prepared as provided in Subsection (5).
210  (7) The county shall provide a copy of any map under Subsection (5) or (6) upon
211      completion to the department.
212  (8)(a) The department shall scribe each road shown on [its] the department's own county
213      map series.
214      (b) The department is not responsible for the validity of any class D road and is not
215responsible for [its] the class D road being inventoried.
216      (c) The department shall [also ]keep on file an historical map record of the roads as
217provided by the counties.
218  (9)(a) If a county vacates or abandons the county's class D road interest in a road within
219      the county, the right-of-way remains open for public use unless the department, in
220      consultation with the Public Lands Policy Coordinating Office created in Section
221      63L-11-201, determines that the road or right-of-way:
222(i) does not provide a benefit to the state in a manner consistent with the principles of
223multiple use and sustained yield as described in Section 63L-8-103; or
224(ii) is not used to access public or private land.
225      (b) [Before] Subject to Subsections (9)(c) and (10), before a county may vacate or
226abandon the county's right-of-way interest in a class D road, the county shall:
227(i) [ ]provide to the department 180 days in advance of taking the action a written
228notice that includes the following:
229[(i)] (A) a legal description and map of the portion of the class D road for which
230the county intends to abandon the county's interest;
231[(ii)] (B) a statement affirming that all gates and locks, whether [or not ]installed or
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232authorized by the county, and all county agreements, have been removed from
233the portion to be vacated; and
234[(iii)] (C) documentation that the portion to be vacated is shown as a class D road
235in the county recorder's office[.] ;
236(ii) hold a public hearing giving the public the opportunity to provide written and oral
237input;
238(iii) publish notice of the hearing in compliance with the requirements of a class A
239notice under Section 63G-30-102, for at least four weeks before the day of the
240hearing; and
241(iv) mail notice to the department and all owners of property abutting the class D
242road, at least four weeks before the day of the hearing.
243      (c)(i) A county may not vacate or abandon the county's interest in a class D road if
244the road provides:
245(A) a public benefit to the state in a manner consistent with the principles of
246multiple use and sustained yield as described in Section 63L-8-103;
247(B) access to public land; or
248(C) subject to Subsection (9)(c)(ii), access to private land beyond the location
249where the vacation or abandonment of the class D road is proposed.
250(ii) If a class D road provides access to private land as described in Subsection
251(9)(c)(i)(C), the county may vacate or abandon the county's interest in the road if:
252(A) the class D road does not provide public benefit or access to public land as
253described in Subsection (9)(c)(i)(A) or (B); and
254(B) each owner of private land along the class D road beyond where the vacation
255or abandonment of the county's interest in the road is proposed to end agree in
256writing to the abandonment of the road.
257(iii) If a class D road is vacated or abandoned as described in Subsection (9)(c)(ii),
258the county shall record with the county recorder a document describing the
259vacation and abandonment.
260      (d) If a county vacates or abandons the county's interest in a class D road, the county
261shall record with the applicable county recorder a notice of the vacation or
262abandonment of the county's interest, including the following: "The county's vacation
263or abandonment of the road does not constitute a vacation or abandonment by the
264state of Utah of any interest the state may have."
265      [(c)] (e) A county may not vacate or abandon the county's right-of-way interest in a class
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266D road without the approval of the department.
267      [(d)] (f) A person may not place a lock or a gate on a class D road right-of-way [over
268which the department exercises sole jurisdiction] that provides access to multiple use
269lands or private property access.
270  (10)(a) The department may not vacate or abandon a class D road if the road provides:
271(i) a public benefit to the state in a manner consistent with the principles of multiple
272use and sustained yield as described in Section 63L-8-103;
273(ii) access to public land; or
274(iii) access to private land beyond the location where the vacation or abandonment of
275the class D road is proposed.
276      (b) If a county legislative body determines that the proposed vacation and abandonment
277of a class D road meets the requirements under Subsections (9)(b) and (10)(a), the
278county shall:
279(i) publish the proposal on an agenda for a public meeting of the county legislative
280body to hear the proposal;
281(ii) publish the proposal on a public notice website of the state government for at
282least 30 days before the public meeting; and
283(iii) after satisfying the requirement under Subsection (10)(b)(ii), and at least 30 days
284after the meeting described in Subsection (10)(b)(i), and subject to Subsection
285(10)(a), the county legislative body may vote to vacate and abandon the county's
286interest in the class D road.
287      (c) Any vacation and abandonment of a class D road is subject to reasonable access to
288existing rights-of-way or easements, including those for water infrastructure and
289public utilities.
290  [(10)] (11)(a) A county and the department are not required to maintain a class D road.
291      (b) An individual who travels on a class D road does so at the individual's own risk.
292Section 6. Section 72-3-108 is amended to read:
29372-3-108 . County roads -- Vacation and narrowing -- Notice requirements.
294  (1) A county may, by ordinance, vacate, narrow, or change the name of a county road
295      without petition or after petition by a property owner.
296  (2) A county may not vacate a county road unless notice of the hearing is:
297      (a) published for the county, as a class A notice under Section 63G-30-102, for at least
298four weeks before the day of the hearing; and
299      (b) mailed to the department and all owners of property abutting the county road.
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300   (3) The right-of-way and easements, if any, of a property owner and the franchise rights of
301any public utility may not be impaired by vacating or narrowing a county road.
302   (4) Except as provided in Section 72-3-105 or 72-5-305, if a county vacates a county road,
303the state's right-of-way interest in the county road is also vacated.
304Section 7. Section 72-5-102 is amended to read:
30572-5-102 . Definitions.
306      As used in this part[, "state transportation purposes" includes:] :
307   (1) "Public entity" means the same as that term is defined in Section 72-2-201.
308   (2) "State institution of higher education" means the same as that term is defined in Section
30953B-3-102.
310   (3) "State transportation purposes" includes:
311[(1)] (a) highway, public transit facility, and transportation rights-of-way, including those
312necessary within cities and towns;
313[(2)] (b) the construction, reconstruction, relocation, improvement, maintenance, and
314mitigation from the effects of these activities on state highways and other
315transportation facilities, including parking facilities, under the control of the
316department;
317[(3)] (c) limited access facilities, including rights of access, air, light, and view and
318frontage and service roads to highways;
319[(4)] (d) adequate drainage in connection with any highway, cut, fill, or channel change
320and the maintenance of any highway, cut, fill, or channel change;
321[(5)] (e) weighing stations, shops, offices, storage buildings and yards, and road
322maintenance or construction sites;
323[(6)] (f) road material sites, sites for the manufacture of road materials, and access roads
324to the sites;
325[(7)] (g) the maintenance of an unobstructed view of any portion of a highway to
326promote the safety of the traveling public;
327[(8)] (h) the placement of traffic signals, directional signs, and other signs, fences, curbs,
328barriers, and obstructions for the convenience of the traveling public;
329[(9)] (i) the construction and maintenance of storm sewers, sidewalks, and highway
330illumination;
331[(10)] (j) the construction and maintenance of livestock highways;
332[(11)] (k) the construction and maintenance of roadside rest areas adjacent to or near any
333highway; and
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334      [(12)] (l) the mitigation of impacts from transportation projects.
335Section 8. Section 72-5-105 is amended to read:
33672-5-105 . Highways, streets, or roads once established continue until abandoned
337  -- Temporary closure -- Notice.
338  (1)(a) Except as provided in Subsections (1)(b), (3), and (7), all public highways, streets,
339      or roads once established shall continue to be highways, streets, or roads until
340      formally abandoned or vacated by written order, resolution, or ordinance resolution
341      of a highway authority having jurisdiction or by court decree, and the written order,
342      resolution, ordinance, or court decree has been duly recorded in the office of the
343      recorder of the county or counties where the highway, street, or road is located.
344      (b) If public use of a highway, street, or road across private land has been discontinued
345for more than 50 years:
346(i) the highway, street, or road is not required to be formally abandoned as described
347in Subsection (1)(a); and
348(ii) ownership of the highway, street, or road is vested in the adjoining record owner
349or owners, with one-half of the width of the highway, street, or road vesting to the
350adjoining owners.
351      (c) Subsection (1)(b) does not apply to a public highway, street, or road:
352(i) claimed by the state or county under R.S. 2477 or across federal lands[.] ; or
353(ii) on lands owned by a public entity or state institution of higher education.
354  (2)(a) [For] Except as provided in Subsections (2)(b) and (c), for purposes of assessment,
355      upon the recordation of an order executed by the proper authority with the county
356      recorder's office, title to the vacated or abandoned highway, street, or road shall vest
357      to the adjoining record owners, with one-half of the width of the highway, street, or
358      road assessed to each of the adjoining owners.
359      (b) [Provided, however, that should a ] If the property description of an owner of record [
360extend] extends into the vacated or abandoned highway, street, or road, that portion of
361the vacated or abandoned highway, street, or road shall vest in the record owner, with
362the remainder of the highway, street, or road vested as otherwise provided in [this ]
363Subsection [(2)] (2)(a).
364      (c) Title to a highway, street, or road that a local highway authority closes to vehicular
365traffic under Subsection (3) or (7) remains vested in the city.
366  (3)(a) In accordance with this section, a state or local highway authority may
367      temporarily close a class B, C, or D road, an R.S. 2477 right-of-way, or a portion of a
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368      class B, C, or D road or R.S. 2477 right-of-way.
369      (b)(i) A temporary closure authorized under this section is not an abandonment.
370(ii) The erection of a barrier or sign on a highway, street, or road once established is
371not an abandonment.
372(iii) An interruption of the public's continuous use of a highway, street, or road once
373established is not an abandonment even if the interruption is allowed to continue
374unabated.
375      (c) A temporary closure under Subsection (3)(a) may be authorized only under the
376following circumstances:
377(i) when a federal authority, or other person, provides an alternate route to an R.S.
3782477 right-of-way or portion of an R.S. 2477 right-of-way if the alternate route is:
379(A) accepted by the highway authority; and
380(B) formalized by a federal permit or a written agreement between the federal
381authority or other person and the highway authority;
382(ii) when a state or local highway authority determines that correction or mitigation
383of injury to private or public land resources is necessary on or near a class B or D
384road or portion of a class B or D road; or
385(iii) when a local highway authority makes a finding that temporary closure of all or
386part of a class C road is necessary to mitigate unsafe conditions.
387      (d)(i) If a local highway authority temporarily closes all or part of a class C road
388under Subsection (3)(c)(iii), the local highway authority may convert the closed
389portion of the road to another public use or purpose related to the mitigation of the
390unsafe condition.
391(ii) If a local highway authority temporarily closes all or part of a class C road under
392Subsection (3)(c)(iii), and the closed portion of road is the subject of a lease
393agreement between the local highway authority and another entity, the local
394highway authority may not reopen the closed portion of the road until the lease
395agreement terminates.
396      (e) A highway authority shall reopen an R.S. 2477 right-of-way or portion of an R.S.
3972477 right-of-way temporarily closed under this section if the alternate route is
398closed for any reason.
399      (f) A temporary closure authorized under Subsection (3)(c)(ii)[ shall]:
400(i) shall be authorized annually; and
401(ii) may not exceed two years from the date the highway authority first closes the
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402highway, or the time it takes to complete the correction or mitigation, whichever
403is less.
404  (4) To authorize a closure of a road under Subsection (3) or (7), a local highway authority
405      shall pass an ordinance to temporarily or indefinitely close the road.
406  (5) Before authorizing a temporary or indefinite closure as described in Subsection (4), a
407      highway authority shall:
408      (a) hold a hearing on the proposed temporary or indefinite closure;
409      (b) provide notice of the hearing by mailing a notice to the Department of
410Transportation; and
411      (c) except for a closure under Subsection (3)(c)(iii), provide notice to the owners of the
412properties abutting the highway, as a class B notice under Section 63G-30-102, [for ]
413at least four weeks before the day of the hearing.
414  (6) The right-of-way and easements, if any, of a property owner and the franchise rights of
415      any public utility may not be impaired by a temporary or indefinite closure authorized
416      under this section.
417  (7)(a) A local highway authority may close to vehicular travel and convert to another
418      public use or purpose a highway, road, or street over which the local highway
419      authority has jurisdiction, for an indefinite period of time, if the local highway
420      authority makes a finding that:
421(i) the closed highway, road, or street is not necessary for vehicular travel;
422(ii) the closure of the highway, road, or street is necessary to correct or mitigate
423injury to private or public land resources on or near the highway, road, or street; or
424(iii) the closure of the highway, road, or street is necessary to mitigate unsafe
425conditions.
426      (b) If a local highway authority indefinitely closes all or part of a highway, road, or
427street under Subsection (7)(a)(iii), and the closed portion of road is the subject of a
428lease agreement between the local highway authority and another entity, the local
429highway authority may not reopen the closed portion of the road until the lease
430agreement terminates.
431      (c) An indefinite closure authorized under this Subsection (7) is not an abandonment.
432Section 9. Section 76-11-201 is amended to read:
43376-11-201 . Definitions.
434     As used in this part:
435  (1) "Class D road" means the same as that term is defined in Section 72-3-105.
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436   [(1)] (2) "Enter" means intrusion of the entire body.
437   [(2)] (3) "Fully automatic weapon" means a firearm that fires, is designed to fire, or can be
438readily restored to fire, automatically more than one shot without manual reloading by a
439single function of the trigger.
440   (4) "Highway" means the same as that term is defined in Section 72-1-102.
441   [(3)] (5) "House of worship" means a church, temple, synagogue, mosque, or other building
442set apart primarily for the purpose of worship in which religious services are held and
443the main body of which is kept for that use and not put to any other use inconsistent with
444the building's primary purpose.
445   [(4)] (6) "Machinegun firearm attachment" means any part or combination of parts added to
446a semiautomatic firearm that allows the firearm to fire as a fully automatic weapon.
447   [(5)] (7)(a) "Readily accessible for immediate use" means that a firearm or other
448dangerous weapon is carried on an individual's person or within such close proximity
449and in such a manner that it can be retrieved and used as readily as if carried on the
450individual's person.
451(b) "Readily accessible for immediate use" does not include a securely encased firearm.
452   [(6)] (8)(a) "Securely encased firearm" means a firearm that is not readily accessible for
453immediate use.
454(b) "Securely encased firearm" includes a loaded or unloaded firearm located in a gun
455rack, in a closed locked or unlocked case or container, or in a trunk or other storage
456area of a motor vehicle.
457(c) "Securely encased firearm" does not include a firearm in a glove box or console box
458unless the firearm is also in a holster or other case which covers the trigger
459mechanism.
460Section 10. Section 76-11-209 is amended to read:
46176-11-209 . Improper discharging of a dangerous weapon.
462   (1) Terms defined in Sections 76-1-101.5, 76-11-101, and 76-11-201 apply to this section.
463   (2) An actor commits improper discharging of a dangerous weapon if the actor discharges a
464dangerous weapon:
465(a) from a vehicle;
466(b) from, upon, or across a highway other than a class D road;
467(c) at a road sign placed on a [state ]highway;
468(d) at communications equipment or property of public utilities including facilities,
469lines, poles, or devices of transmission or distribution;
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470      (e) at railroad equipment or facilities including a sign or signal;
471      (f) within a Utah State Park building, designated camp or picnic sites, overlooks, golf
472courses, boat ramps, and developed beaches; or
473      (g) without written permission to discharge the dangerous weapon from the owner or
474person in charge of the property within 600 feet of:
475(i) a house, dwelling, or other building; or
476(ii) a structure in which a domestic animal is kept or fed, including a barn, poultry
477yard, corral, feeding pen, or stockyard.
478  (3) A violation of Subsection (2) is a class B misdemeanor.
479  (4) In addition to any other penalties, the court shall:
480      (a) notify the Driver License Division of the conviction for purposes of any revocation,
481denial, suspension, or disqualification of a driver license under Subsection
48253-3-220(1)(a)(xi); and
483      (b) specify in court at the time of sentencing the length of the revocation under
484Subsection 53-3-225(1)(c).
485  (5) This section does not apply to an actor who:
486      (a) discharges a dangerous weapon in the lawful defense of the actor or another
487individual;
488      (b) is an individual listed in Subsections 53-5a-108(1)(a) through (f) and is performing
489official duties as provided in Section 23A-2-207 or 79-2-704 or as otherwise
490provided by law;
491      (c) discharges a dangerous weapon from an automobile or other vehicle, if:
492(i) the discharge occurs at a firing range or training ground;
493(ii) at no time after the discharge does the projectile that is discharged cross over or
494stop at a location other than within the boundaries of the firing range or training
495ground described in Subsection (5)(c)(i);
496(iii) the discharge is made as practice or training for a lawful purpose;
497(iv) the discharge and the location, time, and manner of the discharge are approved
498by the owner or operator of the firing range or training ground before the
499discharge; and
500(v) the discharge is not made in violation of Subsection (2); or
501      (d) acting under a farm custom slaughter license, discharges a firearm or other
502dangerous weapon in accordance with Subsection 4-32-108(3).
503  (6) It is a defense to a charge for violating this section that the actor had actual permission
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504of the person in charge of the property at the time the actor discharged the dangerous
505weapon as described in Subsection (2).
506Section 11. Effective Date.
507   This bill takes effect on May 6, 2026.
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