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8 LONG TITLE
9 General Description:
10 This bill modifies provisions related to license plates and vehicle emissions testing.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ amends provisions regarding standard license plates;
15 ▸ creates a moratorium on the personalized license plate program;
16 ▸ creates the support special group license plate program;
17 ▸ establishes eligibility criteria for different categories of support special group
18 license plates;
19 ▸ allows a county to require an emissions inspection of a vintage vehicle under certain
20 circumstances;
21 ▸ repeals certain restricted accounts; and
22 ▸ makes technical and conforming changes.
23 Money Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 This bill provides a special effective date.
27 Utah Code Sections Affected:
28 AMENDS:
29 4-42-102, as enacted by Laws of Utah 2017, Chapter 194
30 9-8-207, as last amended by Laws of Utah 2018, Chapter 260
31 9-17-102, as last amended by Laws of Utah 2011, Chapter 303
32 9-19-102, as enacted by Laws of Utah 2016, Chapter 70
33 13-1-16, as enacted by Laws of Utah 2020, Chapter 405
34 19-1-109, as enacted by Laws of Utah 2020, Chapter 322
35 23-14-13.5, as enacted by Laws of Utah 2017, Chapter 383
36 26-18b-101, as last amended by Laws of Utah 2021, Chapter 378
37 26-21a-302, as last amended by Laws of Utah 2011, Chapter 303
38 41-1a-102, as last amended by Laws of Utah 2019, Chapters 373, 428, 459, and 479
39 41-1a-222, as last amended by Laws of Utah 2017, Chapter 24
40 41-1a-226, as last amended by Laws of Utah 2017, Chapter 406
41 41-1a-401, as last amended by Laws of Utah 2018, Chapters 260, 260, and 454
42 41-1a-402, as last amended by Laws of Utah 2018, Chapters 20 and 262
43 41-1a-410, as last amended by Laws of Utah 1993, Chapter 222
44 41-1a-411, as last amended by Laws of Utah 2020, Chapter 259
45 41-1a-416, as last amended by Laws of Utah 2008, Chapter 382
46 41-1a-418, as last amended by Laws of Utah 2021, Chapters 219, 280, and 378
47 41-1a-419, as last amended by Laws of Utah 2018, Chapter 260
48 41-1a-421, as last amended by Laws of Utah 2018, Chapter 39
49 41-1a-1201, as last amended by Laws of Utah 2018, Chapter 424
50 41-1a-1211, as last amended by Laws of Utah 2015, Chapter 119
51 41-1a-1212, as last amended by Laws of Utah 2014, Chapters 61, 237, and 237
52 41-1a-1305, as last amended by Laws of Utah 2020, Chapter 74
53 41-6a-1642, as last amended by Laws of Utah 2021, Chapter 322
54 53-1-118, as last amended by Laws of Utah 2011, Chapter 303
55 53-1-120, as enacted by Laws of Utah 2016, Chapter 52
56 53-7-109, as enacted by Laws of Utah 2009, Chapter 348
57 53F-9-401, as last amended by Laws of Utah 2020, Chapter 408
58 53F-9-403, as enacted by Laws of Utah 2021, Chapter 219
59 59-10-1319, as last amended by Laws of Utah 2020, Chapter 322
60 61-2-204, as last amended by Laws of Utah 2011, Chapter 303
61 62A-1-202, as last amended by Laws of Utah 2021, Chapter 356
62 62A-4a-608, as enacted by Laws of Utah 2011, Chapter 438
63 63G-26-103, as enacted by Laws of Utah 2020, Chapter 393
64 63I-1-263, as last amended by Laws of Utah 2021, Chapters 70, 72, 84, 90, 171, 196,
65 260, 280, 282, 345, 382, 401, 421 and last amended by Coordination Clause, Laws
66 of Utah 2021, Chapter 382
67 63J-1-602.1, as last amended by Laws of Utah 2021, Chapters 280, 382, 401, and 438
68 71-8-2, as last amended by Laws of Utah 2020, Chapter 409
69 71-8-4, as last amended by Laws of Utah 2018, Chapter 39
70 71-14-102, as enacted by Laws of Utah 2019, Chapter 213
71 72-2-127, as enacted by Laws of Utah 2009, Chapter 380
72 72-2-130, as enacted by Laws of Utah 2019, Chapter 38
73 78A-2-804, as renumbered and amended by Laws of Utah 2021, Chapter 261
74 79-4-203, as last amended by Laws of Utah 2021, Chapter 280
75 79-4-404, as renumbered and amended by Laws of Utah 2009, Chapter 344
76 ENACTS:
77 41-1a-1601, Utah Code Annotated 1953
78 41-1a-1602, Utah Code Annotated 1953
79 41-1a-1603, Utah Code Annotated 1953
80 41-1a-1604, Utah Code Annotated 1953
81 41-1a-1605, Utah Code Annotated 1953
82 41-1a-1606, Utah Code Annotated 1953
83 41-1a-1607, Utah Code Annotated 1953
84 41-1a-1608, Utah Code Annotated 1953
85 41-1a-1609, Utah Code Annotated 1953
86 REPEALS:
87 26-21a-304, as enacted by Laws of Utah 2016, Chapter 46
88 26-58-102, as enacted by Laws of Utah 2016, Chapter 71
89 41-1a-422, as last amended by Laws of Utah 2021, Chapters 219, 280, and 378
90
91 Be it enacted by the Legislature of the state of Utah:
92 Section 1. Section 4-42-102 is amended to read:
93 4-42-102. Utah Intracurricular Student Organization Support for Agricultural
94 Education and Leadership Restricted Account.
95 (1) There is created in the General Fund a restricted account known as the "Utah
96 Intracurricular Student Organization Support for Agricultural Education and Leadership
97 Restricted Account."
98 (2) The account shall be funded by:
99 (a) contributions deposited into the account in accordance with Section [
100 41-1a-1603;
101 (b) private contributions; and
102 (c) donations or grants from public or private entities.
103 (3) Upon appropriation by the Legislature, the department shall distribute funds in the
104 account to one or more organizations that:
105 (a) are statewide agricultural education and leadership organizations; and
106 (b) promote leadership and career development through agricultural education.
107 (4) (a) An organization described in Subsection (3) may apply to the department to
108 receive a distribution in accordance with Subsection (3).
109 (b) An organization that receives a distribution from the department in accordance with
110 Subsection (3) shall expend the distribution only to:
111 (i) create or support programs that focus on issues described in Subsection (3);
112 (ii) create or sponsor programs that will benefit residents within the state; and
113 (iii) pay the costs of issuing or reordering Utah Intracurricular Student Organization
114 Support for Agricultural Education and Leadership special group license plate decals.
115 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
116 department may make rules providing procedures for an organization to apply to the
117 department to receive a distribution under this Subsection (4).
118 (5) In accordance with Section 63J-1-602.1, appropriations from the account are
119 nonlapsing.
120 Section 2. Section 9-8-207 is amended to read:
121 9-8-207. Historical society -- Donations -- Accounting.
122 (1) (a) There is created the Utah State Historical Society.
123 (b) The society may:
124 (i) solicit memberships from persons interested in the work of the society and charge
125 dues for memberships commensurate with the advantages of membership and the needs of the
126 society; and
127 (ii) receive gifts, donations, bequests, devises, and endowments of money or property,
128 which shall then become the property of the state of Utah.
129 (2) (a) If the donor directs that money or property donated under Subsection (1)(b)(ii)
130 be used in a specified manner, then the division shall use it in accordance with these directions.
131 Otherwise, all donated money and the proceeds from donated property, together with the
132 charges realized from society memberships, shall be deposited in the General Fund as restricted
133 revenue of the society.
134 (b) Funds received from donations to the society under Section [
135 41-1a-1603 shall be deposited into the General Fund as a dedicated credit to achieve the
136 mission and purpose of the society.
137 (3) The division shall keep a correct account of funds and property received, held, or
138 disbursed by the society, and shall make reports to the governor as in the case of other state
139 institutions.
140 Section 3. Section 9-17-102 is amended to read:
141 9-17-102. Humanitarian Service and Educational and Cultural Exchange
142 Restricted Account.
143 (1) There is created in the General Fund a restricted account known as the
144 "Humanitarian Service and Educational and Cultural Exchange Restricted Account."
145 (2) The account shall be funded by:
146 (a) contributions deposited into the account in accordance with Section [
147 41-1a-1603;
148 (b) private contributions; and
149 (c) donations or grants from public or private entities.
150 (3) Upon appropriation by the Legislature, the department shall distribute funds in the
151 account to one or more charitable organizations that:
152 (a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
153 (b) have a national parent organization which:
154 (i) provides international humanitarian service projects; and
155 (ii) has youth programs including programs to foster leadership in high school students,
156 humanitarian service in high school and college, and conducts and promotes community
157 service projects;
158 (c) have a non-profit youth exchange program that does not compensate those who
159 administer the program within the state;
160 (d) have an annual leadership conference, which does not compensate those who
161 administer the program within the state;
162 (e) have high school service clubs, which promote humanitarian services on a state
163 level, a national level, and an international level; and
164 (f) have college service clubs, which promote humanitarian service on a state level, a
165 national level, and an international level.
166 (4) (a) An organization described in Subsection (3) may apply to the department to
167 receive a distribution in accordance with Subsection (3).
168 (b) An organization that receives a distribution from the department in accordance with
169 Subsection (3) shall expend the distribution only to:
170 (i) pay the costs of supporting the following programs within the state:
171 (A) youth programs including programs to foster leadership in high school students and
172 humanitarian service in high school and college;
173 (B) community service projects;
174 (C) a non-profit youth exchange program;
175 (D) an annual leadership conference;
176 (E) high school service clubs, which promote humanitarian service on a state level, a
177 national level, and an international level; and
178 (F) college service clubs, which promote humanitarian service on a state level, a
179 national level, and an international level; and
180 (ii) pay the costs of issuing or reordering Humanitarian Service and Educational and
181 Cultural Exchange support special group license plate decals.
182 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
183 department may make rules providing procedures for an organization to apply to the
184 department to receive a distribution under Subsection (3).
185 Section 4. Section 9-19-102 is amended to read:
186 9-19-102. National Professional Men's Soccer Team Support of Building
187 Communities Restricted Account.
188 (1) There is created in the General Fund a restricted account known as the "National
189 Professional Men's Soccer Team Support of Building Communities Restricted Account."
190 (2) The account shall be funded by:
191 (a) contributions deposited into the account in accordance with Section [
192 41-1a-1603;
193 (b) private contributions; and
194 (c) donations or grants from public or private entities.
195 (3) Upon appropriation by the Legislature, the department shall distribute funds in the
196 account to one or more charitable organizations that:
197 (a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
198 (b) have a board that is appointed by the owners that, either on an individual or joint
199 basis, own a controlling interest in a legal entity that is a franchised member of the
200 internationally recognized national governing body for professional men's soccer in the United
201 States;
202 (c) are headquartered within the state;
203 (d) create or support programs that focus on:
204 (i) strengthening communities through youth soccer by:
205 (A) using soccer to teach life skills;
206 (B) combating gang activity through youth involvement; and
207 (C) providing youth in underserved areas with opportunities to play soccer and become
208 certified referees;
209 (ii) building communities through professional player initiatives, tournaments, and
210 community gathering areas; and
211 (iii) promoting environmental sustainability; and
212 (e) have a board of directors that disperses all funds of the organization.
213 (4) (a) An organization described in Subsection (3) may apply to the department to
214 receive a distribution in accordance with Subsection (3).
215 (b) An organization that receives a distribution from the department in accordance with
216 Subsection (3) shall expend the distribution only to:
217 (i) create or support programs that focus on issues described in Subsection (3);
218 (ii) create or sponsor programs that will benefit residents within the state; and
219 (iii) pay the costs of issuing or reordering National Professional Men's Soccer Team
220 Support of Building Communities support special group license plate decals.
221 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
222 department may make rules providing procedures for an organization to apply to the
223 department to receive a distribution under this Subsection (4).
224 (5) In accordance with Section 63J-1-602.1, appropriations from the account are
225 nonlapsing.
226 Section 5. Section 13-1-16 is amended to read:
227 13-1-16. Latino Community Support Restricted Account.
228 (1) There is created in the General Fund a restricted account known as the "Latino
229 Community Support Restricted Account."
230 (2) The account shall be funded by:
231 (a) contributions deposited into the account in accordance with Section [
232 41-1a-1603;
233 (b) private contributions; and
234 (c) donations or grants from public or private entities.
235 (3) (a) The state treasurer shall invest money in the account according to Title 51,
236 Chapter 7, State Money Management Act.
237 (b) The Division of Finance shall deposit interest or other earnings derived from
238 investment of account money into the General Fund.
239 (4) Subject to appropriation, the department shall distribute the money in the account
240 to one or more charitable organizations that:
241 (a) are tax exempt under Section 501(c)(3), Internal Revenue Code; and
242 (b) have as a primary part of the organization's mission to strengthen the state's Latino
243 community by:
244 (i) creating strong leaders through education and mentoring;
245 (ii) providing scholarships and educational financial support; and
246 (iii) recognizing academic and vocational achievement, and school and community
247 leadership.
248 (5) The department may also expend funds in the account to pay the costs of issuing or
249 reordering Latino Community support special group license plate decals.
250 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
251 department shall make rules providing procedures for an organization to apply to receive
252 money under this section.
253 Section 6. Section 19-1-109 is amended to read:
254 19-1-109. Clean Air Support Restricted Account.
255 (1) There is created in the General Fund a restricted account known as the "Clean Air
256 Support Restricted Account."
257 (2) The account shall be funded by:
258 (a) contributions deposited into the account in accordance with Section [
259 41-1a-1603;
260 (b) private contributions; and
261 (c) donations or grants from public or private entities.
262 (3) (a) The state treasurer shall invest money in the account according to Title 51,
263 Chapter 7, State Money Management Act.
264 (b) The Division of Finance shall deposit interest or other earnings derived from
265 investment of account money into the account.
266 (4) Subject to appropriation, the department shall distribute the money in the account
267 to one or more organizations that:
268 (a) are tax exempt under Section 501(c)(3), Internal Revenue Code; and
269 (b) have as part of the organization's mission:
270 (i) to encourage and educate the public about simple changes to improve air quality in
271 the state;
272 (ii) to provide grants to organizations or individuals with innovative ideas to reduce
273 emissions; and
274 (iii) to partner with other organizations to strengthen efforts to improve air quality.
275 (5) The department may also expend funds in the account to pay the costs of issuing or
276 reordering Clean Air Support special group license plate decals.
277 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
278 department shall make rules providing procedures for an organization to apply to receive
279 money under this section.
280 Section 7. Section 23-14-13.5 is amended to read:
281 23-14-13.5. Support for State-Owned Shooting Ranges Restricted Account.
282 (1) There is created in the General Fund a restricted account known as the "Support for
283 State-Owned Shooting Ranges Restricted Account."
284 (2) The account shall be funded by:
285 (a) contributions deposited into the account in accordance with Section [
286 41-1a-1603;
287 (b) private contributions; and
288 (c) donations or grants from public or private entities.
289 (3) Upon appropriation by the Legislature, the division shall distribute funds in the
290 account to facilitate construction of new firearm shooting ranges, and operation and
291 maintenance of existing ranges, that are:
292 (a) built on land owned or leased by the state;
293 (b) owned by the division; and
294 (c) operated by the division or the division's contractors.
295 (4) The division shall only expend the funds to:
296 (a) construct, operate, and maintain firearm shooting ranges described in Subsection
297 (3); and
298 (b) pay the costs of issuing or reordering Support the 2nd Amendment and
299 State-Owned Shooting Ranges support special group license plate decals.
300 (5) In accordance with Section 63J-1-602.1, appropriations from the account are
301 nonlapsing.
302 Section 8. Section 26-18b-101 is amended to read:
303 26-18b-101. Allyson Gamble Organ Donation Contribution Fund created.
304 (1) (a) There is created an expendable special revenue fund known as the Allyson
305 Gamble Organ Donation Contribution Fund.
306 (b) The Allyson Gamble Organ Donation Contribution Fund shall consist of:
307 (i) private contributions;
308 (ii) donations or grants from public or private entities;
309 (iii) voluntary donations collected under Sections 41-1a-230.5 and 53-3-214.7;
310 (iv) contributions deposited into the account in accordance with Section [
311 41-1a-1603; and
312 (v) interest and earnings on fund money.
313 (c) The cost of administering the Allyson Gamble Organ Donation Contribution Fund
314 shall be paid from money in the fund.
315 (2) The Department of Health shall:
316 (a) administer the funds deposited in the Allyson Gamble Organ Donation Contribution
317 Fund; and
318 (b) select qualified organizations and distribute the funds in the Allyson Gamble Organ
319 Donation Contribution Fund in accordance with Subsection (3).
320 (3) (a) The funds in the Allyson Gamble Organ Donation Contribution Fund may be
321 distributed to a selected organization that:
322 (i) promotes and supports organ donation;
323 (ii) assists in maintaining and operating a statewide organ donation registry; and
324 (iii) provides donor awareness education.
325 (b) An organization that meets the criteria of Subsections (3)(a)(i) through (iii) may
326 apply to the Department of Health, in a manner prescribed by the department, to receive a
327 portion of the money contained in the Allyson Gamble Organ Donation Contribution Fund.
328 (4) The Department of Health may expend funds in the account to pay the costs of
329 administering the fund and issuing or reordering the Donate Life support special group license
330 plate and decals.
331 Section 9. Section 26-21a-302 is amended to read:
332 26-21a-302. Cancer Research Restricted Account.
333 (1) As used in this section, "account" means the Cancer Research Restricted Account
334 created by this section.
335 (2) There is created in the General Fund a restricted account known as the "Cancer
336 Research Restricted Account."
337 (3) The account shall be funded by:
338 (a) contributions deposited into the account in accordance with Section [
339 41-1a-1603;
340 (b) private contributions;
341 (c) donations or grants from public or private entities; and
342 (d) interest and earnings on fund money.
343 (4) The department shall distribute funds in the account to one or more charitable
344 organizations that:
345 (a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
346 (b) have been designated as an official cancer center of the state;
347 (c) is a National Cancer Institute designated cancer center; and
348 (d) have as part of [
349 (i) cancer research programs in basic science, translational science, population science,
350 and clinical research to understand cancer from its beginnings; and
351 (ii) the dissemination and use of knowledge developed by the research described in
352 Subsection (4)(d)(i) for the creation and improvement of cancer detection, treatments,
353 prevention, and outreach programs.
354 (5) (a) An organization described in Subsection (4) may apply to the department to
355 receive a distribution in accordance with Subsection (4).
356 (b) An organization that receives a distribution from the department in accordance with
357 Subsection (4) shall expend the distribution only to conduct cancer research for the purpose of
358 making improvements in cancer treatments, cures, detection, and prevention of cancer at the
359 molecular and genetic levels.
360 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
361 department may make rules providing procedures for an organization to apply to the
362 department to receive a distribution under Subsection (4).
363 Section 10. Section 41-1a-102 is amended to read:
364 41-1a-102. Definitions.
365 As used in this chapter:
366 (1) "Actual miles" means the actual distance a vehicle has traveled while in operation.
367 (2) "Actual weight" means the actual unladen weight of a vehicle or combination of
368 vehicles as operated and certified to by a weighmaster.
369 (3) "All-terrain type I vehicle" means the same as that term is defined in Section
370 41-22-2.
371 (4) "All-terrain type II vehicle" means the same as that term is defined in Section
372 41-22-2.
373 (5) "All-terrain type III vehicle" means the same as that term is defined in Section
374 41-22-2.
375 (6) "Alternative fuel vehicle" means:
376 (a) an electric motor vehicle;
377 (b) a hybrid electric motor vehicle;
378 (c) a plug-in hybrid electric motor vehicle; or
379 (d) a motor vehicle powered exclusively by a fuel other than:
380 (i) motor fuel;
381 (ii) diesel fuel;
382 (iii) natural gas; or
383 (iv) propane.
384 (7) "Amateur radio operator" means a person licensed by the Federal Communications
385 Commission to engage in private and experimental two-way radio operation on the amateur
386 band radio frequencies.
387 (8) "Autocycle" means the same as that term is defined in Section 53-3-102.
388 (9) "Automated driving system" means the same as that term is defined in Section
389 41-26-102.1.
390 (10) "Branded title" means a title certificate that is labeled:
391 (a) rebuilt and restored to operation;
392 (b) flooded and restored to operation; or
393 (c) not restored to operation.
394 (11) "Camper" means a structure designed, used, and maintained primarily to be
395 mounted on or affixed to a motor vehicle that contains a floor and is designed to provide a
396 mobile dwelling, sleeping place, commercial space, or facilities for human habitation or for
397 camping.
398 (12) "Certificate of title" means a document issued by a jurisdiction to establish a
399 record of ownership between an identified owner and the described vehicle, vessel, or outboard
400 motor.
401 (13) "Certified scale weigh ticket" means a weigh ticket that has been issued by a
402 weighmaster.
403 (14) "Commercial vehicle" means a motor vehicle, trailer, or semitrailer used or
404 maintained for the transportation of persons or property that operates:
405 (a) as a carrier for hire, compensation, or profit; or
406 (b) as a carrier to transport the vehicle owner's goods or property in furtherance of the
407 owner's commercial enterprise.
408 (15) "Commission" means the State Tax Commission.
409 (16) "Consumer price index" means the same as that term is defined in Section
410 59-13-102.
411 (17) "Dealer" means a person engaged or licensed to engage in the business of buying,
412 selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on
413 conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established
414 place of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors.
415 (18) "Diesel fuel" means the same as that term is defined in Section 59-13-102.
416 (19) "Division" means the Motor Vehicle Division of the commission, created in
417 Section 41-1a-106.
418 (20) "Dynamic driving task" means the same as that term is defined in Section
419 41-26-102.1.
420 (21) "Electric motor vehicle" means a motor vehicle that is powered solely by an
421 electric motor drawing current from a rechargeable energy storage system.
422 (22) "Essential parts" means the integral and body parts of a vehicle of a type required
423 to be registered in this state, the removal, alteration, or substitution of which would tend to
424 conceal the identity of the vehicle or substantially alter the vehicle's appearance, model, type,
425 or mode of operation.
426 (23) "Farm tractor" means a motor vehicle designed and used primarily as a farm
427 implement for drawing plows, mowing machines, and other implements of husbandry.
428 (24) (a) "Farm truck" means a truck used by the owner or operator of a farm solely for
429 the owner's or operator's own use in the transportation of:
430 (i) farm products, including livestock and its products, poultry and its products,
431 floricultural and horticultural products;
432 (ii) farm supplies, including tile, fence, and any other thing or commodity used in
433 agricultural, floricultural, horticultural, livestock, and poultry production; and
434 (iii) livestock, poultry, and other animals and things used for breeding, feeding, or
435 other purposes connected with the operation of a farm.
436 (b) "Farm truck" does not include the operation of trucks by commercial processors of
437 agricultural products.
438 (25) "Fleet" means one or more commercial vehicles.
439 (26) "Foreign vehicle" means a vehicle of a type required to be registered, brought into
440 this state from another state, territory, or country other than in the ordinary course of business
441 by or through a manufacturer or dealer, and not registered in this state.
442 (27) "Gross laden weight" means the actual weight of a vehicle or combination of
443 vehicles, equipped for operation, to which shall be added the maximum load to be carried.
444 (28) "Highway" or "street" means the entire width between property lines of every way
445 or place of whatever nature when any part of it is open to the public, as a matter of right, for
446 purposes of vehicular traffic.
447 (29) "Hybrid electric motor vehicle" means a motor vehicle that draws propulsion
448 energy from onboard sources of stored energy that are both:
449 (a) an internal combustion engine or heat engine using consumable fuel; and
450 (b) a rechargeable energy storage system where energy for the storage system comes
451 solely from sources onboard the vehicle.
452 (30) (a) "Identification number" means the identifying number assigned by the
453 manufacturer or by the division for the purpose of identifying the vehicle, vessel, or outboard
454 motor.
455 (b) "Identification number" includes a vehicle identification number, state assigned
456 identification number, hull identification number, and motor serial number.
457 (31) "Implement of husbandry" means a vehicle designed or adapted and used
458 exclusively for an agricultural operation and only incidentally operated or moved upon the
459 highways.
460 (32) (a) "In-state miles" means the total number of miles operated in this state during
461 the preceding year by fleet power units.
462 (b) If a fleet is composed entirely of trailers or semitrailers, "in-state miles" means the
463 total number of miles that those vehicles were towed on Utah highways during the preceding
464 year.
465 (33) "Interstate vehicle" means a commercial vehicle operated in more than one state,
466 province, territory, or possession of the United States or foreign country.
467 (34) "Jurisdiction" means a state, district, province, political subdivision, territory, or
468 possession of the United States or any foreign country.
469 (35) "Lienholder" means a person with a security interest in particular property.
470 (36) "Manufactured home" means a transportable factory built housing unit constructed
471 on or after June 15, 1976, according to the Federal Home Construction and Safety Standards
472 Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight body
473 feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more
474 square feet, and which is built on a permanent chassis and designed to be used as a dwelling
475 with or without a permanent foundation when connected to the required utilities, and includes
476 the plumbing, heating, air-conditioning, and electrical systems.
477 (37) "Manufacturer" means a person engaged in the business of constructing,
478 manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or
479 outboard motors for the purpose of sale or trade.
480 (38) "Mobile home" means a transportable factory built housing unit built prior to June
481 15, 1976, in accordance with a state mobile home code which existed prior to the Federal
482 Manufactured Housing and Safety Standards Act (HUD Code).
483 (39) "Motor fuel" means the same as that term is defined in Section 59-13-102.
484 (40) (a) "Motor vehicle" means a self-propelled vehicle intended primarily for use and
485 operation on the highways.
486 (b) "Motor vehicle" does not include:
487 (i) an off-highway vehicle; or
488 (ii) a motor assisted scooter as defined in Section 41-6a-102.
489 (41) "Motorboat" means the same as that term is defined in Section 73-18-2.
490 (42) "Motorcycle" means:
491 (a) a motor vehicle having a saddle for the use of the rider and designed to travel on not
492 more than three wheels in contact with the ground; or
493 (b) an autocycle.
494 (43) "Natural gas" means a fuel of which the primary constituent is methane.
495 (44) (a) "Nonresident" means a person who is not a resident of this state as defined by
496 Section 41-1a-202, and who does not engage in intrastate business within this state and does
497 not operate in that business any motor vehicle, trailer, or semitrailer within this state.
498 (b) A person who engages in intrastate business within this state and operates in that
499 business any motor vehicle, trailer, or semitrailer in this state or who, even though engaging in
500 interstate commerce, maintains a vehicle in this state as the home station of that vehicle is
501 considered a resident of this state, insofar as that vehicle is concerned in administering this
502 chapter.
503 (45) "Odometer" means a device for measuring and recording the actual distance a
504 vehicle travels while in operation, but does not include any auxiliary odometer designed to be
505 periodically reset.
506 (46) "Off-highway implement of husbandry" means the same as that term is defined in
507 Section 41-22-2.
508 (47) "Off-highway vehicle" means the same as that term is defined in Section 41-22-2.
509 (48) (a) "Operate" means:
510 (i) to navigate a vessel; or
511 (ii) collectively, the activities performed in order to perform the entire dynamic driving
512 task for a given motor vehicle by:
513 (A) a human driver as defined in Section 41-26-102.1; or
514 (B) an engaged automated driving system.
515 (b) "Operate" includes testing of an automated driving system.
516 (49) "Original issue license plate" means a license plate that is of a format and type
517 issued by the state in the same year as the model year of a vehicle that is a model year 1973 or
518 older.
519 [
520 excluding fuel supply, used to propel a vessel.
521 [
522 vehicle, vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is
523 subject to a security interest.
524 (b) If a vehicle is the subject of an agreement for the conditional sale or installment
525 sale or mortgage of the vehicle with the right of purchase upon performance of the conditions
526 stated in the agreement and with an immediate right of possession vested in the conditional
527 vendee or mortgagor, or if the vehicle is the subject of a security agreement, then the
528 conditional vendee, mortgagor, or debtor is considered the owner for the purposes of this
529 chapter.
530 (c) If a vehicle is the subject of an agreement to lease, the lessor is considered the
531 owner until the lessee exercises the lessee's option to purchase the vehicle.
532 [
533 (a) is designed and marketed as temporary living quarters for recreational, camping,
534 travel, or seasonal use;
535 (b) is not permanently affixed to real property for use as a permanent dwelling;
536 (c) requires a special highway movement permit for transit; and
537 (d) is built on a single chassis mounted on wheels with a gross trailer area not
538 exceeding 400 square feet in the setup mode.
539 [
540 combination of letters, numbers, or both as requested by the owner of the vehicle and assigned
541 to the vehicle by the division.
542 [
543 manufactured, remanufactured, or materially altered to provide an open cargo area.
544 (b) "Pickup truck" includes a motor vehicle with the open cargo area covered with a
545 camper, camper shell, tarp, removable top, or similar structure.
546 [
547 vehicle that has the capability to charge the battery or batteries used for vehicle propulsion
548 from an off-vehicle electric source, such that the off-vehicle source cannot be connected to the
549 vehicle while the vehicle is in motion.
550 [
551 support the load.
552 [
553 division that is within 16 months immediately preceding the commencement of the registration
554 or license year in which proportional registration is sought. The division in fixing the period
555 shall conform it to the terms, conditions, and requirements of any applicable agreement or
556 arrangement for the proportional registration of vehicles.
557 [
558 are kept and stored and where a charge is made for the storage and keeping of vehicles and
559 vessels.
560 [
561 surrender of ownership documents described in Section 41-1a-503.
562 [
563 in this state that is materially altered from its original construction by the removal, addition, or
564 substitution of essential parts, new or used.
565 [
566 13-14-102.
567 [
568 operation of a vehicle or vessel on the highways or waters of this state for the time period for
569 which the registration is valid and that is evidence of compliance with the registration
570 requirements of the jurisdiction.
571 (63) "Registration decal" means the decal issued by the division that is evidence of
572 compliance with the division's registration requirements.
573 [
574 with the completion of the applicable registration criteria.
575 (b) For administration of a multistate agreement for proportional registration the
576 division may prescribe a different 12-month period.
577 [
578 outboard motors to a sound working condition by substituting any inoperative part of the
579 vehicle, vessel, or outboard motor, or by correcting the inoperative part.
580 [
581 (a) a street rod that meets the requirements under Subsection 41-21-1(3)(a)(i)(B); or
582 (b) a custom vehicle that meets the requirements under Subsection
583 41-6a-1507(1)(a)(i)(B).
584 [
585 vehicles and constructed so it does not carry any load either independently or any part of the
586 weight of a vehicle or load that is drawn.
587 [
588 [
589 agreement to secure the payment or performance of an obligation and that is valid against third
590 parties.
591 [
592 persons or property and for being drawn by a motor vehicle and constructed so that some part
593 of its weight and its load rests or is carried by another vehicle.
594 [
595 particular group of people or a license plate authorized and issued by the division in accordance
596 with Section 41-1a-418.
597 [
598 transportation purposes and that is:
599 (i) 20 years or older from the current year; or
600 (ii) a make or model of motor vehicle recognized by the division director as having
601 unique interest or historic value.
602 (b) In making a determination under Subsection [
603 shall give special consideration to:
604 (i) a make of motor vehicle that is no longer manufactured;
605 (ii) a make or model of motor vehicle produced in limited or token quantities;
606 (iii) a make or model of motor vehicle produced as an experimental vehicle or one
607 designed exclusively for educational purposes or museum display; or
608 (iv) a motor vehicle of any age or make that has not been substantially altered or
609 modified from original specifications of the manufacturer and because of its significance is
610 being collected, preserved, restored, maintained, or operated by a collector or hobbyist as a
611 leisure pursuit.
612 [
613 (i) not designed or used primarily for the transportation of persons or property;
614 (ii) not designed to operate in traffic; and
615 (iii) only incidentally operated or moved over the highways.
616 (b) "Special mobile equipment" includes:
617 (i) farm tractors;
618 (ii) off-road motorized construction or maintenance equipment including backhoes,
619 bulldozers, compactors, graders, loaders, road rollers, tractors, and trenchers; and
620 (iii) ditch-digging apparatus.
621 (c) "Special mobile equipment" does not include a commercial vehicle as defined
622 under Section 72-9-102.
623 [
624 registered in this state, not originally constructed under a distinctive name, make, model, or
625 type by a generally recognized manufacturer of vehicles, and not materially altered from its
626 original construction.
627 (75) "Standard license plate" means a license plate for general issue described in
628 Subsection 41-1a-402(1).
629 [
630 outboard motor that meets the requirements of rules made by the commission pursuant to
631 Subsection 41-1a-1101(5).
632 (77) "Symbol decal" means the decal that is designed to represent a special group and
633 displayed on a special group license plate.
634 [
635 motor.
636 [
637 jurisdictions during the preceding year by power units.
638 (b) If fleets are composed entirely of trailers or semitrailers, "total fleet miles" means
639 the number of miles that those vehicles were towed on the highways of all jurisdictions during
640 the preceding year.
641 [
642 persons or property and for being drawn by a motor vehicle and constructed so that no part of
643 its weight rests upon the towing vehicle.
644 [
645 conveyed by sale, gift, or any other means except by the creation of a security interest.
646 [
647 property by sale, gift, or any other means except by creation of a security interest.
648 [
649 vehicle without motive power, designed as a temporary dwelling for travel, recreational, or
650 vacation use that does not require a special highway movement permit when drawn by a
651 self-propelled motor vehicle.
652 [
653 drawing other vehicles and not constructed to carry a load other than a part of the weight of the
654 vehicle and load that is drawn.
655 [
656 camper, park model recreational vehicle, manufactured home, and mobile home.
657 [
658 [
659 41-21-1.
660 [
661 73-18-2.
662 [
663 permitted to weigh vehicles under this chapter.
664 Section 11. Section 41-1a-222 is amended to read:
665 41-1a-222. Application for multiyear registration -- Payment of taxes -- Penalties.
666 (1) The owner of any intrastate fleet of commercial vehicles which is based in the state
667 may apply to the commission for registration in accordance with this section.
668 (a) The application shall be made on a form prescribed by the commission.
669 (b) Upon payment of required fees and meeting other requirements prescribed by the
670 commission, the division shall issue, to each vehicle for which application has been made, a
671 multiyear license plate and registration card.
672 (i) The [
673 expiration date fixed by the division and are valid until ownership of the vehicle to which they
674 are issued is transferred by the applicant or until the expiration date, whichever comes first.
675 (ii) An annual renewal application must be made by the owner if registration
676 identification has been issued on an annual installment fee basis and the required fees must be
677 paid on an annual basis.
678 (iii) License plates and registration cards issued pursuant to this section are valid for an
679 eight-year period, commencing with the year of initial application in this state.
680 (c) When application for registration or renewal is made on an installment payment
681 basis, the applicant shall submit acceptable evidence of a surety bond in a form, and with a
682 surety, approved by the commission and in an amount equal to the total annual fees required
683 for all vehicles registered to the applicant in accordance with this section.
684 (2) Each vehicle registered as part of a fleet of commercial vehicles must be titled in
685 the name of the fleet.
686 (3) Each owner who registers fleets pursuant to this section shall pay the taxes or in
687 lieu fees otherwise due pursuant to:
688 (a) Section 41-1a-206;
689 (b) Section 41-1a-207;
690 (c) Subsection 41-1a-301(12);
691 (d) Section 59-2-405.1;
692 (e) Section 59-2-405.2; or
693 (f) Section 59-2-405.3.
694 (4) An owner who fails to comply with the provisions of this section is subject to the
695 penalties in Section 41-1a-1301 and, if the commission so determines, will result in the loss of
696 the privileges granted in this section.
697 Section 12. Section 41-1a-226 is amended to read:
698 41-1a-226. Vintage vehicle -- Signed statement -- Registration.
699 (1) The owner of a vintage vehicle who applies for registration under this part shall
700 provide a signed statement that the vintage vehicle:
701 (a) is owned and operated for the purposes described in Section 41-21-1; and
702 (b) is safe to operate on the highways of this state as described in Section 41-21-4.
703 (2) [
704 described in Subsection (1) is in lieu of an emissions inspection, from which a vintage vehicle
705 is exempt under Subsection 41-6a-1642(4).
706 Section 13. Section 41-1a-401 is amended to read:
707 41-1a-401. License plates -- Number of plates -- Reflectorization -- Indicia of
708 registration in lieu of or used with plates.
709 (1) (a) Except as provided in Subsection (1)(c), the division upon registering a vehicle
710 shall issue to the owner:
711 (i) one license plate for a motorcycle, trailer, or semitrailer;
712 (ii) one registration decal for a park model recreational vehicle, in lieu of a license
713 plate, which shall be attached in plain sight to the rear of the park model recreational vehicle;
714 (iii) one registration decal for a camper, in lieu of a license plate, which shall be
715 attached in plain sight to the rear of the camper; and
716 (iv) two identical license plates for every other vehicle.
717 (b) The license plate or registration decal issued under Subsection (1)(a) is for the
718 particular vehicle registered and may not be removed during the term for which the license
719 plate or registration decal is issued or used upon any other vehicle than the registered vehicle.
720 (c) (i) Notwithstanding Subsections (1)(a) and (b) and except as provided in Subsection
721 (1)(c)(ii), the division, upon registering a motor vehicle that has been sold, traded, or the
722 ownership of which has been otherwise released, shall transfer the license plate issued to the
723 person applying to register the vehicle if:
724 (A) the previous registered owner has included the license plate as part of the sale,
725 trade, or ownership release; and
726 (B) the person applying to register the vehicle applies to transfer the license plate to the
727 new registered owner of the vehicle.
728 (ii) The division may not transfer a personalized or special group license plate to a new
729 registered owner under this Subsection (1)(c) if the new registered owner does not meet the
730 qualification or eligibility requirements for that personalized or special group license plate
731 under [
732 License Plates.
733 (2) The division may receive applications for registration renewal, renew registration,
734 and issue new license plates or registration decals at any time prior to the expiration of
735 registration.
736 (3) (a) (i) All license plates to be manufactured and issued by the division shall be
737 treated with a fully reflective material on the plate face that provides effective and dependable
738 reflective brightness during the service period of the license plate.
739 (ii) For a historical support special group license plate created under this part, the
740 division shall procure reflective material to satisfy the requirement under Subsection (3)(a)(i)
741 as soon as such material is available at a reasonable cost.
742 (b) The division shall prescribe all license plate material specifications and establish
743 and implement procedures for conforming to the specifications.
744 (c) The specifications for the materials used such as the aluminum plate substrate, the
745 reflective sheeting, and glue shall be drawn in a manner so that at least two manufacturers may
746 qualify as suppliers.
747 (d) The granting of contracts for the materials shall be by public bid.
748 (4) (a) The commission may issue, adopt, and require the use of indicia of registration
749 it considers advisable in lieu of or in conjunction with license plates as provided in this part.
750 (b) All provisions of this part relative to license plates apply to these indicia of
751 registration, so far as the provisions are applicable.
752 (5) A violation of this section is an infraction.
753 Section 14. Section 41-1a-402 is amended to read:
754 41-1a-402. Required colors, numerals, and letters -- Expiration.
755 (1) (a) Upon registering a vehicle, the division shall issue to the owner a standard
756 license plate described in Subsection (1)(b) unless the division issues to the owner:
757 (i) a special group license plate described in Section 41-1a-418; or
758 (ii) an apportioned vehicle license plate described in Section 41-1a-301.
759 (b) The division shall offer four standard license plate options, each with a different
760 design as follows:
761 (i) two designs that incorporate one or more elements that represent the state's
762 economy or geography;
763 (ii) one design that represents the state's values or culture; and
764 (iii) one design that commemorates a current event relevant to the state or a significant
765 anniversary of a historic event relevant to the state.
766 (c) The division shall offer:
767 (i) each design described in Subsection (1)(b)(i) or (ii) for at least a 10-year period; and
768 (ii) each design described in Subsection (1)(b)(iii) for no more than a five-year period.
769 (d) The division may not offer more than four standard license plate designs at any one
770 time.
771 (2) Before the division offers a design described in Subsection (1), the division shall:
772 (a) consult with the Governor's Office of Economic Opportunity and the Utah
773 Department of Cultural and Community Engagement regarding the proposed design; and
774 (b) submit to the Legislature the proposed design for approval by concurrent resolution.
775 [
776 (a) the registration number assigned to the vehicle for which it is issued;
777 (b) the name of the state; and
778 (c) unless exempted by Section 41-1a-301 or 41-1a-407, a registration decal showing
779 the date of expiration displayed in accordance with Subsection (6).
780 [
781 the expiration date of the registration decal governs the expiration date of the license plate.
782 [
783
784 [
785
786 [
787 [
788 [
789
790
791 [
792 [
793
794 [
795 [
796 [
797 [
798
799
800 (5) (a) Except as provided under Subsection 41-1a-215(2) and Section 41-1a-216,
801 license plates shall be renewed annually.
802 (b) (i) The division shall issue the vehicle owner a month registration decal and a year
803 registration decal upon the vehicle's first registration with the division.
804 (ii) The division shall issue the vehicle owner only a year registration decal upon
805 subsequent renewals of registration to validate registration renewal.
806 [
807 [
808
809
810 [
811
812
813 [
814
815
816 [
817
818
819 [
820
821
822
823 [
824
825 [
826
827 (6) Except as otherwise provided by rule:
828 [
829 shall be displayed on the license plate in the left position[
830 (b) [
831 displayed on the license plate in the right position.
832 [
833 shall be placed over or in place of the previous year registration decal.
834 [
835 destroyed, a replacement shall be issued upon application and payment of the fees required
836 under Section 41-1a-1211 or 41-1a-1212.
837 [
838 (b) A court shall waive a fine for a violation under this section if:
839 (i) the registration for the vehicle was current at the time of the citation; and
840 (ii) the person to whom the citation was issued provides, within 21 business days,
841 evidence that the license plate and registration decals are properly displayed in compliance with
842 this section.
843 (10) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
844 the division may make rules regarding the placement and positioning of registration decals on
845 license plates issued by the division.
846 Section 15. Section 41-1a-410 is amended to read:
847 41-1a-410. Eligibility for personalized plates.
848 (1) [
849 vehicle not subject to registration under Section 41-1a-301, registered with the division, or who
850 applies for an original registration of a vehicle not subject to registration under Section
851 41-1a-301, may upon payment of the fee prescribed in Section 41-1a-1211 apply to the division
852 for personalized license plates.
853 (2) Application shall be made in accordance with Section 41-1a-411.
854 (3) The personalized plates shall be affixed to the vehicle for which registration is
855 sought in lieu of the regular license plates.
856 (4) Personalized license plates shall be issued only to the registered owner of the
857 vehicle on which they are to be displayed.
858 Section 16. Section 41-1a-411 is amended to read:
859 41-1a-411. Application for personalized plates -- Refusal authorized.
860 (1) [
861 renewal of the plates shall file an application for the plates in the form and by the date the
862 division requires, indicating the combination of letters, numbers, or both requested as a
863 registration number.
864 (2) (a) Except as provided in Subsection (3) and subject to Subsection (4), the division
865 may refuse to issue any combination of letters, numbers, or both that:
866 (i) may carry connotations offensive to good taste and decency or that would be
867 misleading; or
868 (ii) disparages a group based on:
869 (A) race;
870 (B) color;
871 (C) national origin;
872 (D) religion;
873 (E) age;
874 (F) sex;
875 (G) gender identity;
876 (H) sexual orientation;
877 (I) citizenship status; or
878 (J) physical or mental disability.
879 (b) [
880 letters, numbers, or both as a registration number if that same combination is already in use as a
881 registration number on an existing license plate.
882 (3) (a) Except as provided in Subsection (2) or (3)(b), and subject to Subsection (4) the
883 division may not refuse a combination of letters, numbers, or both as a registration number if:
884 (i) the license plate is [
885 Section 41-1a-421, and the combination of letters, numbers, or both refers to:
886 (A) a year related to military service;
887 (B) a military branch; or
888 (C) an official achievement, badge, or honor received for military service; or
889 (ii) the combination of letters, numbers, or both as a registration number refers to an
890 official state symbol described in Section 63G-1-601.
891 (b) [
892 only numbers, the division may refuse the combination if the combination includes less than
893 four numerical digits.
894 (4) (a) Beginning July 1, 2022, the division may not accept an application for or issue a
895 personalized plate under this section.
896 (b) On or before October 1 of each year, the commission shall prepare and submit to
897 the Transportation Interim Committee a report on personalized license plate programs in other
898 states that provides:
899 (i) information on relevant court cases and rulings involving other state's personalized
900 license plate programs;
901 (ii) if available, other state responses to legal challenges to that state's personalized
902 license plate program; and
903 (iii) recommendations regarding Utah's personalized license plate program, including:
904 (A) reinstating the personalized license plate program;
905 (B) continuing the moratorium; or
906 (C) modifying or repealing the personalized license plate program.
907 Section 17. Section 41-1a-416 is amended to read:
908 41-1a-416. Original issue license plates -- Alternative stickers -- Rulemaking.
909 (1) The owner of a motor vehicle that is a model year 1973 or older may apply to the
910 division for permission to display an original issue license plate [
911
912 [
913
914 (2) An owner described in Subsection (1) shall:
915 (a) complete an application on a form provided by the division;
916 [
917
918 (b) supply and submit to the division for approval the original issue license plate that
919 the owner intends to display on the motor vehicle; and
920 (c) pay the fees prescribed in Sections 41-1a-1206 and 41-1a-1211.
921 (3) [
922 approving an application under this section, the division shall determine that the original issue
923 license [
924 (a) [
925
926 (b) [
927 license plate series in this state;
928 (c) [
929 chapter[
930
931 and
932 (d) [
933 [
934 (4) (a) [
935 an original issue license [
936 [
937
938 (b) An original issue license plate approved under this section is exempt from:
939 (i) the provisions of Section 41-1a-401 regarding reflectorization; and
940 (ii) Section 41-1a-403.
941 (5) (a) [
942
943
944 described in Subsection (3)(b) may apply to the division for a sticker to allow the temporary
945 display of the original issue license [
946 (i) the [
947 (ii) the [
948 participating in motor vehicle club activities, exhibitions, tours, parades, and similar activities
949 [
950 (iii) the license [
951 of the motor vehicle for general daily transportation on the highways of this state are kept in the
952 motor vehicle and shown to a peace officer on request; and
953 (iv) the sticker issued by the division under this subsection is properly affixed to the
954 face of the original issue license plate.
955 (b) The sticker issued under this section shall be the size and form customarily
956 furnished by the division.
957 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
958 division may make rules for the implementation of this section.
959 Section 18. Section 41-1a-418 is amended to read:
960 41-1a-418. Authorized special group license plates.
961 [
962
963
964 (1) In accordance with this chapter, the division shall issue to an eligible applicant a
965 special group license plate in one of the following categories:
966 (a) a disability special group license [
967 41-1a-420;
968 (b) [
969
970 (i) a survivor of the Japanese attack on Pearl Harbor;
971 (ii) a former prisoner of war;
972 (iii) a recipient of a Purple Heart;
973 (iv) a disabled veteran; or
974 (v) a recipient of a gold star award issued by the United States Secretary of Defense;
975 [
976 [
977
978 (c) a unique vehicle type special group license [
979
980 (i) a special interest vehicle;
981 (ii) a vintage vehicle; or
982 (iii) a farm truck; [
983 [
984
985 [
986
987
988
989 (d) a recognition special group license [
990 (i) a current member of the Legislature;
991 (ii) a current member of the United States Congress;
992 (iii) a current member of the National Guard;
993 (iv) a licensed amateur radio operator;
994 [
995 [
996 [
997 [
998 of State;
999 [
1000 suffrage;
1001 [
1002 and metaphysical ideals, and designed to teach ethical and philosophical matters of brotherly
1003 love, relief, and truth;
1004 [
1005 [
1006 life of Dr. Martin Luther King, Jr.; or
1007 [
1008
1009 [
1010 [
1011 [
1012 [
1013 [
1014 [
1015 [
1016 [
1017 [
1018 [
1019 [
1020
1021 [
1022 [
1023 [
1024
1025 [
1026 [
1027 [
1028 [
1029
1030 [
1031
1032 [
1033 [
1034
1035 [
1036
1037
1038 [
1039 [
1040
1041 [
1042 [
1043
1044 [
1045 [
1046
1047 [
1048 [
1049
1050 [
1051
1052 [
1053
1054 [
1055 (e) a support special group license plate described in Section 41-1a-1602.
1056 (2) [
1057 decal unless the division receives:
1058 [
1059 for the production and administrative costs of providing the new special group license [
1060
1061 [
1062 Subsection (2)(a)[
1063 [
1064
1065
1066
1067 [
1068
1069
1070 [
1071
1072
1073
1074 [
1075
1076
1077
1078 [
1079
1080
1081 [
1082
1083
1084
1085 [
1086
1087
1088 [
1089
1090 [
1091
1092 [
1093
1094
1095
1096
1097
1098
1099 [
1100
1101 [
1102
1103 [
1104
1105
1106 Section 19. Section 41-1a-419 is amended to read:
1107 41-1a-419. Plate design -- Vintage vehicle certification and registration --
1108 Personalized special group license plates -- Rulemaking.
1109 [
1110
1111
1112 (1) (a) In accordance with Subsection (1)(b), the division shall determine the design
1113 and maximum number of numerals or characters on a special group license plate.
1114 (b) (i) Except as provided in Subsection (1)(b)(ii), each special group license plate
1115 shall display:
1116 (A) the word Utah;
1117 (B) the name or identifying slogan of the special group;
1118 (C) a symbol decal not exceeding two positions in size representing the special group;
1119 and
1120 (D) the combination of letters, numbers, or both uniquely identifying the registered
1121 vehicle.
1122 (ii) The division, in consultation with the Utah State Historical Society, shall design
1123 the historical support special group license plate, which shall:
1124 (A) have a black background;
1125 (B) have white characters; and
1126 (C) display the word Utah.
1127 (2) (a) The division shall, after consultation with a representative designated by the
1128 special group or sponsoring organization as defined in Section 41-1a-1601, specify the word or
1129 words comprising the special group name and the symbol decal to be displayed upon the
1130 special group license [
1131 (b) A special group license plate symbol decal may not be redesigned:
1132 (i) unless the division receives a redesign fee established by the division under Section
1133 63J-1-504; and
1134 (ii) more frequently than every five years.
1135 (c) [
1136 symbol decal may not be reordered unless the division receives a symbol decal reorder fee
1137 established by the division [
1138 [
1139
1140
1141
1142 (3) The license plates issued for horseless carriages prior to July 1, 1992, are valid
1143 without renewal as long as the vehicle is owned by the registered owner and the license plates
1144 may not be recalled by the division.
1145 [
1146
1147
1148
1149 (4) A person who meets the requirements described in this part or Part 16, Support
1150 Special Group License Plates, for a special group license plate may, in accordance with
1151 Sections 41-1a-410 and 41-1a-411, apply for a personalized special group license plate.
1152 (5) [
1153 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
1154 (a) establish qualifying criteria for persons to receive, renew, or surrender special group
1155 license plates; and
1156 (b) establish the maximum number of numerals or characters for special group license
1157 plates.
1158 Section 20. Section 41-1a-421 is amended to read:
1159 41-1a-421. Veteran special group license plates -- Personal identity requirements.
1160 (1) (a) The requirements of this Subsection (1) apply to a vehicle displaying a:
1161 (i) survivor of the Japanese attack on Pearl Harbor license plate;
1162 (ii) former prisoner of war license plate;
1163 (iii) Purple Heart license plate;
1164 (iv) disabled veteran license plate; or
1165 (v) a state agency revenue support special group license plate as defined in Section
1166 41-1a-1601 for a recipient of a campaign or combat theater award [
1167 [
1168 (b) A person may not display a license plate described in Subsection (1) on a vehicle,
1169 unless the vehicle is titled in:
1170 (i) the veteran's name; or
1171 (ii) both the veteran's and the veteran's spouse's name.
1172 (c) Upon the death of the veteran, the veteran's surviving spouse may, upon application
1173 to the division, retain the special group license plate symbol decal [
1174 surviving spouse remains unmarried.
1175 [
1176
1177 (d) Before a veteran's surviving spouse renews a registration under this section, the
1178 division shall require the veteran's surviving spouse to submit a sworn statement to the division
1179 that states the veteran's surviving spouse remains unmarried.
1180 (2) Proper evidence of a Purple Heart is either:
1181 (a) a membership card in the Military Order of the Purple Heart; or
1182 (b) an original or certificate in lieu of the applicant's military discharge form, DD-214,
1183 issued by the National Personnel Records Center.
1184 (3) The Purple Heart license plates shall bear:
1185 (a) the words "Purple Heart" at the bottom of the plate;
1186 (b) a logo substantially depicting a Purple Heart award; and
1187 (c) the letter and number combinations assigned by the division.
1188 (4) Proper evidence that a person is a disabled veteran is a written document issued by
1189 a military entity certifying that the person is disabled as a result of service in a branch of the
1190 United States Military.
1191 (5) A disabled veteran seeking a disabled veteran license plate shall request the
1192 Department of Veterans and Military Affairs to provide the verification required under
1193 Subsection (4).
1194 (6) (a) An applicant for a gold star license plate shall submit written documentation
1195 that the applicant is a recipient of a gold star award issued by the United States Secretary of
1196 Defense.
1197 (b) Written documentation under Subsection (6)(a) may include any of the following:
1198 (i) a death certificate;
1199 (ii) documentation showing classification of death as listed by the United States
1200 Secretary of Defense;
1201 (iii) a casualty report;
1202 (iv) a telegram from the United States Secretary of Defense or one of the branches of
1203 the United States armed forces; or
1204 (v) other documentation that verifies the applicant meets the requirements of
1205 Subsection (6)(a).
1206 [
1207
1208 [
1209
1210 [
1211
1212
1213 [
1214
1215
1216
1217 Section 21. Section 41-1a-1201 is amended to read:
1218 41-1a-1201. Disposition of fees.
1219 (1) All fees received and collected under this part shall be transmitted daily to the state
1220 treasurer.
1221 (2) Except as provided in Subsections (3), (6), (7), (8), and (9) and Sections
1222 [
1223 under this part shall be deposited [
1224 (3) Funds generated under Subsections 41-1a-1211(1)(b)(ii), (6)(b)(ii), and (7) and
1225 Section 41-1a-1212 may be used by the commission to cover the costs incurred in issuing
1226 license plates under Part 4, License Plates and Registration Indicia.
1227 (4) In accordance with Section 63J-1-602.2, all funds available to the commission for
1228 the purchase and distribution of license plates and decals are nonlapsing.
1229 (5) (a) Except as provided in Subsections (3) and (5)(b) and Section 41-1a-1205, the
1230 expenses of the commission in enforcing and administering this part shall be provided for by
1231 legislative appropriation from the revenues of the Transportation Fund.
1232 (b) Three dollars of the registration fees imposed under Subsections 41-1a-1206(2)(a)
1233 and (b) for each vehicle registered for a six-month registration period under Section
1234 41-1a-215.5 may be used by the commission to cover the costs incurred in enforcing and
1235 administering this part.
1236 (6) (a) The following portions of the registration fees imposed under Section
1237 41-1a-1206 for each vehicle shall be deposited in the Transportation Investment Fund of 2005
1238 created under Section 72-2-124:
1239 (i) $30 of the registration fees imposed under Subsections 41-1a-1206(1)(a), (1)(b),
1240 (1)(f), (4), and (7);
1241 (ii) $21 of the registration fees imposed under Subsections 41-1a-1206(1)(c)(i) and
1242 (1)(c)(ii);
1243 (iii) $2.50 of the registration fee imposed under Subsection 41-1a-1206(1)(e)(ii);
1244 (iv) $23 of the registration fee imposed under Subsection 41-1a-1206(1)(d)(i);
1245 (v) $24.50 of the registration fee imposed under Subsection 41-1a-1206(1)(e)(i); and
1246 (vi) $1 of the registration fee imposed under Subsection 41-1a-1206(1)(d)(ii).
1247 (b) The following portions of the registration fees collected for each vehicle registered
1248 for a six-month registration period under Section 41-1a-215.5 shall be deposited in the
1249 Transportation Investment Fund of 2005 created by Section 72-2-124:
1250 (i) $23.25 of each registration fee collected under Subsection 41-1a-1206(2)(a)(i); and
1251 (ii) $23 of each registration fee collected under Subsection 41-1a-1206(2)(a)(ii).
1252 (7) (a) Ninety-four cents of each registration fee imposed under Subsections
1253 41-1a-1206(1)(a) and (b) for each vehicle shall be deposited in the Public Safety Restricted
1254 Account created in Section 53-3-106.
1255 (b) Seventy-one cents of each registration fee imposed under Subsections
1256 41-1a-1206(2)(a) and (b) for each vehicle registered for a six-month registration period under
1257 Section 41-1a-215.5 shall be deposited in the Public Safety Restricted Account created in
1258 Section 53-3-106.
1259 (8) (a) One dollar of each registration fee imposed under Subsections 41-1a-1206(1)(a)
1260 and (b) for each vehicle shall be deposited into the Motor Vehicle Safety Impact Restricted
1261 Account created in Section 53-8-214.
1262 (b) One dollar of each registration fee imposed under Subsections 41-1a-1206(2)(a)
1263 and (b) for each vehicle registered for a six-month registration period under Section
1264 41-1a-215.5 shall be deposited into the Motor Vehicle Safety Impact Restricted Account
1265 created in Section 53-8-214.
1266 (9) Fifty cents of each registration fee imposed under Subsection 41-1a-1206(1)(a) for
1267 each motorcycle shall be deposited [
1268 Fund created in Section 26-54-102.
1269 Section 22. Section 41-1a-1211 is amended to read:
1270 41-1a-1211. License plate fees -- Application fees for issuance and renewal of
1271 personalized and special group license plates -- Replacement fee for license plates --
1272 Postage fees.
1273 (1) (a) Except as provided in Subsections (11), (12), (13), and (14), a license plate fee
1274 established in accordance with Section 63J-1-504 shall be paid to the division for the issuance
1275 of any new license plate under Part 4, License Plates and Registration Indicia.
1276 (b) The license plate fee shall be deposited as follows:
1277 (i) $1 in the Transportation Fund; and
1278 (ii) the remainder of the fee charged under Subsection (1)(a), as provided in Section
1279 41-1a-1201.
1280 (2) An applicant for original issuance of personalized license plates issued under
1281 Section 41-1a-410 shall pay a $50 per set license plate application fee in addition to the fee
1282 required in Subsection (1).
1283 (3) Beginning July 1, 2003, a person who applies for a special group license plate shall
1284 pay a $5 fee for the original set of license plates in addition to the fee required under
1285 Subsection (1).
1286 (4) An applicant for original issuance of personalized special group license plates shall
1287 pay the license plate application fees required in Subsection (2) in addition to the license plate
1288 fees and license plate application fees established under Subsections (1) and (3).
1289 (5) An applicant for renewal of personalized license plates issued under Section
1290 41-1a-410 shall pay a $10 per set application fee.
1291 (6) (a) The division may charge a fee established under Section 63J-1-504 to recover
1292 the costs for the replacement of any license plate issued under Part 4, License Plates and
1293 Registration Indicia.
1294 (b) The license plate fee shall be deposited as follows:
1295 (i) $1 in the Transportation Fund; and
1296 (ii) the remainder of the fee charged under Subsection (6)(a), as provided in Section
1297 41-1a-1201.
1298 (7) The division may charge a fee established under Section 63J-1-504 to recover [
1299 the division's costs for the replacement of [
1300 41-1a-418.
1301 (8) The division may charge a fee established under Section 63J-1-504 to recover the
1302 cost of issuing stickers under Section 41-1a-416.
1303 (9) In addition to any other fees required by this section, the division shall assess a fee
1304 established under Section 63J-1-504 to cover postage expenses if new or replacement license
1305 plates are mailed to the applicant.
1306 (10) The fees required under this section are separate from and in addition to
1307 registration fees required under Section 41-1a-1206.
1308 (11) (a) An applicant for a license plate issued under Section 41-1a-407 is not subject
1309 to the license plate fee under Subsection (1).
1310 (b) An applicant for a Purple Heart special group license plate issued in accordance
1311 with Section 41-1a-421 is exempt from the fees under Subsections (1), (3), and (7).
1312 (12) A person is exempt from the fee under Subsection (1) or (6) if the person:
1313 (a) was issued a clean fuel special group license plate in accordance with Section
1314 41-1a-418 prior to the effective date of rules made by the Department of Transportation under
1315 Subsection 41-6a-702(5)(b);
1316 (b) beginning on the effective date of rules made by the Department of Transportation
1317 authorized under Subsection 41-6a-702(5)(b), is no longer eligible for a clean fuel special
1318 group license plate under the rules made by the Department of Transportation; and
1319 (c) upon renewal or reissuance, is required to replace the clean fuel special group
1320 license plate with a new license plate.
1321 [
1322
1323 [
1324
1325 [
1326
1327
1328 [
1329
1330 [
1331 person presents official documentation that the person is a recipient of the Purple Heart Award
1332 issued:
1333 (a) by a recognized association representing peace officers who:
1334 (i) receives a salary from a federal, state, county, or municipal government or any
1335 subdivision of the state; and
1336 (ii) works in the state; or
1337 (b) in accordance with Subsection 41-1a-421(2).
1338 Section 23. Section 41-1a-1212 is amended to read:
1339 41-1a-1212. Fee for replacement of license plate decals.
1340 A fee established in accordance with Section 63J-1-504 shall be paid to the division for
1341 the replacement of a license plate registration decal required by Section 41-1a-402 or a
1342 registration decal required by Section 41-1a-401.
1343 Section 24. Section 41-1a-1305 is amended to read:
1344 41-1a-1305. License plate and registration card violations -- Class C
1345 misdemeanor.
1346 It is a class C misdemeanor:
1347 (1) to break, injure, interfere with, or remove from any vehicle any seal, lock, or device
1348 on it for holding or displaying any license plate or registration card attached for denoting
1349 registration and identity of the vehicle;
1350 (2) to remove from any registered vehicle the license plate or registration card issued or
1351 attached to it for its registration;
1352 (3) to place or display any license plate or registration card upon any other vehicle than
1353 the one for which it was issued by the division;
1354 (4) to use or permit the use or display of any license plate, registration card, or permit
1355 upon or in the operation of any vehicle other than that for which it was issued;
1356 (5) to operate upon any highway of this state any vehicle required by law to be
1357 registered without having the license plate or plates securely attached, except that the
1358 registration card issued by the division to all trailers and semitrailers shall be carried in the
1359 towing vehicle;
1360 (6) for any weighmaster to knowingly make any false entry in his record of weights of
1361 vehicles subject to registration or to knowingly report to the commission or division any false
1362 information regarding the weights;
1363 (7) for any inspector, officer, agent, employee, or other person performing any of the
1364 functions required for the registration or operation of vehicles subject to registration, to do,
1365 permit, cause, connive at, or permit to be done any act with the intent, or knowledge that the
1366 probable effect of the act would be to injure any person, deprive him of his property, or to
1367 injure or defraud the state with respect to its revenues relating to title or registration of
1368 vehicles;
1369 (8) for any person to combine or conspire with another to do, attempt to do, or cause or
1370 allow any of the acts in this chapter classified as a misdemeanor;
1371 (9) to operate any motor vehicle with a camper mounted on it upon any highway
1372 without displaying a current registration decal in clear sight upon the rear of the camper, issued
1373 by the county assessor of the county in which the camper has situs for taxation;
1374 (10) to manufacture, use, display, or sell any facsimile or reproduction of any license
1375 plate issued by the division or any article that would appear to be a substitute for a license
1376 plate; or
1377 (11) to fail to return to the division any registration card, license plate or plates,
1378 registration decal, permit, or title that has been canceled, suspended, voided, or revoked.
1379 Section 25. Section 41-1a-1601 is enacted to read:
1380
1381 41-1a-1601. Definitions.
1382 As used in this part:
1383 (1) "Applicant" means a registered owner who submits an application for a support
1384 special group license plate in accordance with this part.
1385 (2) "Collegiate support special group license plate" means a support special group
1386 license plate issued to a contributor to an institution.
1387 (3) "Contributor" means an applicant who contributes the required contribution to a
1388 sponsoring organization for a support special group license plate.
1389 (4) "Existing support special group license plate" means a support special group license
1390 plate that the division issues:
1391 (a) as of January 1, 2023; or
1392 (b) in accordance with this part on or after January 1, 2023.
1393 (5) "Institution" means:
1394 (a) a state institution of higher education as defined in Section 53B-3-102; or
1395 (b) a private institution of higher education in the state accredited by a regional or
1396 national accrediting agency recognized by the United State Department of Education.
1397 (6) "Private nonprofit organization" means a private nonprofit organization that:
1398 (a) qualifies as being tax exempt under Section 501(c)(3) of the Internal Revenue
1399 Code; and
1400 (b) has a charitable purpose or scientific research purpose.
1401 (7) "Private nonprofit support special group license plate" means a support special
1402 group license plate issued to a contributor to a private nonprofit organization.
1403 (8) "Required contribution" means:
1404 (a) the minimum contribution amount established by the division under Subsection
1405 41-1a-1603(4)(a)(iii); or
1406 (b) if the sponsoring organization establishes a minimum contribution amount in
1407 accordance with Subsection 41-1a-1603(4)(b), the amount the sponsoring organization
1408 establishes under Subsection 41-1a-1603(4)(b).
1409 (9) "Sponsoring organization" means an institution, a private nonprofit, or a state
1410 agency that:
1411 (a) is or seeks to be associated with a support special group license plate; and
1412 (b) receives or seeks to receive contributions from applicants as part of the support
1413 special group license plate program created under this part.
1414 (10) (a) "State agency revenue support special group license plate" means a support
1415 special group license plate issued to a contributor to a state agency to support a specific state
1416 agency program.
1417 (b) "State agency revenue support special group license plate" includes:
1418 (i) a veterans support special group license plate displaying a symbol representing the
1419 Army, Navy, Air Force, Marines, Coast Guard, or American Legion; and
1420 (ii) a campaign or combat theater award support special group license plate.
1421 (11) "Support special group license plate" means a license plate:
1422 (a) designed for and associated with a sponsoring organization; and
1423 (b) issued to a contributor to the sponsoring organization in accordance with this part.
1424 Section 26. Section 41-1a-1602 is enacted to read:
1425 41-1a-1602. Support special group license plate program.
1426 (1) The division shall establish and administer a support special group license plate
1427 program as described in this part.
1428 (2) The division shall issue to an applicant who satisfies the requirements of this part
1429 one of the following:
1430 (a) a collegiate support special group license plate;
1431 (b) a private nonprofit support special group license plate; or
1432 (c) a state agency revenue support special group license plate.
1433 Section 27. Section 41-1a-1603 is enacted to read:
1434 41-1a-1603. Application Requirements -- Fees -- Contributions -- Rulemaking.
1435 (1) An applicant for an original issue or renewal of a support special group license
1436 plate shall submit to the division:
1437 (a) in a form and manner that the division prescribes, a complete application;
1438 (b) payment of the fee for the issuance or renewal of the support special group license
1439 plate established under Subsection (4)(a)(i);
1440 (c) (i) the required contribution for the support special group license plate; or
1441 (ii) if the application is for a new type of support special group license plate, a copy of
1442 the verification form that verifies that the applicant is a contributor to the sponsoring
1443 organization; and
1444 (d) if the application is for a state agency revenue support special group license plate
1445 that is a campaign or combat theater award support special group license plate, a form obtained
1446 from the Department of Veterans and Military Affairs that verifies the applicant is a recipient
1447 of a campaign or combat theater award.
1448 (2) (a) An applicant who wishes to obtain a new type of support special group license
1449 plate may preorder the new type of support special group license plate by:
1450 (i) submitting a complete preorder form created by the division to the sponsoring
1451 organization associated with the new type of support special group license plate; and
1452 (ii) making the required contribution to the sponsoring organization.
1453 (b) After the division approves the sponsoring organization's request for the new type
1454 of support special group license plate under Section 41-1a-1604, an applicant who submitted a
1455 preorder in accordance with this subsection shall apply for the support special group license
1456 plate in accordance with Subsection (1).
1457 (3) After the division issues a support special group license plate or renewal decal, the
1458 division shall charge the sponsoring organization a fee for the division's management and
1459 administrative expenses incurred in issuing and renewing the support special group license
1460 plate.
1461 (4) (a) The division shall, in accordance with Section 63J-1-504, establish:
1462 (i) the fee to charge an applicant for the division's costs of issuing or renewing an
1463 original issue or renewal support special group license plate or symbol decal;
1464 (ii) the fee to charge a sponsoring organization for the division's costs of designing and
1465 administering a new type of support special group license plate; and
1466 (iii) subject to Subsection (4)(b), the minimum contribution amount an applicant is
1467 required to make before the applicant may obtain or renew the sponsoring organization's
1468 support special group license plate.
1469 (b) A sponsoring organization may establish a required contribution amount for the
1470 sponsoring organization's support special group license plate that is greater than the amount
1471 established by the division under Subsection (4)(a)(iii).
1472 (5) (a) The division shall, at least annually, deposit collected contributions under this
1473 section into the appropriate account less the division's actual administrative costs associated
1474 with issuing the support special group license plate.
1475 (b) An applicant's contribution described in this section is a voluntary contribution for
1476 funding the sponsoring organization's activities and not a motor vehicle registration fee.
1477 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1478 commission shall make rules to establish and administer the support special group license plate
1479 program, including to:
1480 (a) implement the eligibility criteria;
1481 (b) approve a new type of support special group license plate;
1482 (c) continue an existing support special group license plate; and
1483 (d) discontinue an existing support special group license plate.
1484 Section 28. Section 41-1a-1604 is enacted to read:
1485 41-1a-1604. New support special group license plates -- Eligibility criteria.
1486 (1) Subject to the other provisions of this part, after a sponsoring organization receives
1487 500 preorders under Subsection 41-1a-1603(2) for a new type of support special group license
1488 plate, the sponsoring organization shall submit to the division, in a form and manner the
1489 division prescribes:
1490 (a) a request to issue the new type of support special group license plate;
1491 (b) at least 500 complete preorder applications for the new type of support special
1492 group license plate;
1493 (c) the fee for the cost of designing and administering the new type of support special
1494 group license plate established under Subsection 41-1a-1603(4)(a)(ii); and
1495 (d) if the new type of support special group license plate is a private nonprofit special
1496 group license plate:
1497 (i) information about the sponsoring organization specified by commission rule;
1498 (ii) contact information for an individual representing the sponsoring organization;
1499 (iii) account information for directing funds the division receives through the support
1500 special group license plate program to the sponsoring organization; and
1501 (iv) evidence that the sponsoring organization maintains a functional website that:
1502 (A) explains how the contributions to the organization will be used in accordance with
1503 this section;
1504 (B) makes available the sponsoring organization's current IRS Form 990; and
1505 (C) provides instructions for how to donate and become eligible for the organization's
1506 proposed or existing support special group license plate.
1507 (2) The division may not begin design work on or issue a new type of support special
1508 group license plate unless the sponsoring organization satisfies the requirements of Subsection
1509 (1).
1510 (3) A sponsoring organization of a new type of support special group license plate
1511 shall:
1512 (a) collect and hold each complete preorder application for the support special group
1513 license plate until the sponsoring organization receives at least 500 complete preorder
1514 applications and the required contributions; and
1515 (b) once the sponsoring organization receives at least 500 complete preorder
1516 applications and required contributions, submit to the division the complete preorder
1517 applications and the required fees described in Subsection 41-1a-1603(4)(a)(ii).
1518 (4) The division shall begin issuing the new type of support special group license plate
1519 no later than six months after the day on which the division receives the items described in
1520 Subsection (1).
1521 (5) The division may consider a support special group license plate for more than one
1522 military branch as a single license plate type for the purposes of meeting the eligibility criteria
1523 described in this section.
1524 Section 29. Section 41-1a-1605 is enacted to read:
1525 41-1a-1605. Collegiate support special group license plates.
1526 (1) A sponsoring organization that is an institution shall:
1527 (a) issue to each contributor a verification form designed by the commission that
1528 includes:
1529 (i) the name of the contributor;
1530 (ii) the institution's name; and
1531 (iii) the date of the contribution; and
1532 (b) only use funds received through the support special group license plate program for
1533 the institution's scholastic scholarships.
1534 (2) The state auditor may audit each institution to verify that the money an institution
1535 collects from contributors is used only for scholastic scholarships.
1536 Section 30. Section 41-1a-1606 is enacted to read:
1537 41-1a-1606. Private nonprofit support special group license plates.
1538 (1) A sponsoring organization that is a private nonprofit organization shall:
1539 (a) issue to each contributor a verification form designed by the commission that
1540 includes:
1541 (i) the name of the contributor;
1542 (ii) the private nonprofit organization's name; and
1543 (iii) the date of the contribution; and
1544 (b) only use funds received through the support special group license plate program to
1545 pay the private nonprofit organization's employee salaries, administrative costs, or fundraising
1546 expenses.
1547 (2) A private nonprofit organization may collect a contributor's personal information
1548 for the purposes of future fundraising and any required reporting.
1549 Section 31. Section 41-1a-1607 is enacted to read:
1550 41-1a-1607. State agency revenue support special group license plates.
1551 (1) (a) Except as provided in Subsection (1)(b), a sponsoring organization that is a state
1552 agency may not submit a request for a new type of state agency revenue support special group
1553 license plate unless the governor or the governor's designee approves the request and the
1554 funding source from which to pay the fee established under Subsection 41-1a-1603(4)(a)(ii).
1555 (b) Upon a request from the state agency, the executive director of the commission may
1556 exempt a state agency from the requirements of Subsection (1)(a).
1557 (2) A sponsoring organization that is a state agency shall issue to a contributor a
1558 verification form designed by the commission that includes:
1559 (a) the name of the contributor;
1560 (b) the state agency's name; and
1561 (c) the date of the contribution.
1562 (3) The money collected from a state agency revenue support special group license
1563 plate:
1564 (a) shall be used to support the implementation or administration of the state agency's
1565 designated program described in Subsection (1)(a); and
1566 (b) may not be directed to a nongovernmental entity.
1567 Section 32. Section 41-1a-1608 is enacted to read:
1568 41-1a-1608. Review -- Discontinuance.
1569 (1) The division shall annually review each support special group license plate to
1570 determine the number of each type of support special group license plates the division issued
1571 during the preceding calendar year.
1572 (2) If the division issues fewer than 500 support special group license plates of a
1573 particular type each year for two consecutive years, beginning on January 1 of the calendar year
1574 following the second annual review, the division may not issue the support special group
1575 license plate.
1576 (3) If the division discontinues a type of support special group license plate in
1577 accordance with this section, the division may not reissue the support special group license
1578 plate, unless the sponsoring organization submits a request for a new type of support special
1579 group license plate in accordance with Section 41-1a-1604.
1580 Section 33. Section 41-1a-1609 is enacted to read:
1581 41-1a-1609. Transition of existing support special group license plates.
1582 (1) Except as provided in this section, the division may not issue an existing support
1583 special group license plate on or after January 1, 2023.
1584 (2) The division may issue an existing support special group license plate if:
1585 (a) the sponsoring organization submits to the division a request to sponsor the support
1586 special group license plate in accordance with Subsection 41-1a-1604(1); and
1587 (b) the division issued at least 500 of the existing support special group license plate
1588 each of the two calendar years immediately preceding January 1, 2023.
1589 (3) If a sponsoring organization that is a state agency meets the requirements of
1590 Subsection (2), upon notice to the division, the sponsoring organization may transfer the
1591 support special group license plate to a private nonprofit to sponsor the support special group
1592 license plate as a private nonprofit support special group license plate.
1593 (4) If the division discontinues an existing support special group license plate in
1594 accordance with this section, the division may reissue the existing support special group license
1595 plate only if:
1596 (a) a sponsoring organization submits to the division a request to reissue an existing
1597 support special group license plate; and
1598 (b) the request meets the initial eligibility requirements described in Subsection
1599 41-1a-1604.
1600 (5) (a) A registered owner who was issued a support special group license plate that the
1601 division discontinues in accordance with this section may continue to display the license plate
1602 upon renewing the motor vehicle's registration.
1603 (b) A registered owner described in Subsection (5)(a) is not required to pay a
1604 contribution to the sponsoring organization associated with the support special group license
1605 plate.
1606 (6) The division may not transfer a discontinued support special group license plate to
1607 a new registered owner.
1608 Section 34. Section 41-6a-1642 is amended to read:
1609 41-6a-1642. Emissions inspection -- County program.
1610 (1) The legislative body of each county required under federal law to utilize a motor
1611 vehicle emissions inspection and maintenance program or in which an emissions inspection
1612 and maintenance program is necessary to attain or maintain any national ambient air quality
1613 standard shall require:
1614 (a) a certificate of emissions inspection, a waiver, or other evidence the motor vehicle
1615 is exempt from emissions inspection and maintenance program requirements be presented:
1616 (i) as a condition of registration or renewal of registration; and
1617 (ii) at other times as the county legislative body may require to enforce inspection
1618 requirements for individual motor vehicles, except that the county legislative body may not
1619 routinely require a certificate of emissions inspection, or waiver of the certificate, more often
1620 than required under Subsection (9); and
1621 (b) compliance with this section for a motor vehicle registered or principally operated
1622 in the county and owned by or being used by a department, division, instrumentality, agency, or
1623 employee of:
1624 (i) the federal government;
1625 (ii) the state and any of its agencies; or
1626 (iii) a political subdivision of the state, including school districts.
1627 (2) A vehicle owner subject to Subsection (1) shall obtain a motor vehicle emissions
1628 inspection and maintenance program certificate of emissions inspection as described in
1629 Subsection (1), but the program may not deny vehicle registration based solely on the presence
1630 of a defeat device covered in the Volkswagen partial consent decrees or a United States
1631 Environmental Protection Agency-approved vehicle modification in the following vehicles:
1632 (a) a 2.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide
1633 emissions are mitigated in the state pursuant to a partial consent decree, including:
1634 (i) Volkswagen Jetta, model years 2009, 2010, 2011, 2012, 2013, 2014, and 2015;
1635 (ii) Volkswagen Jetta Sportwagen, model years 2009, 2010, 2011, 2012, 2013, and
1636 2014;
1637 (iii) Volkswagen Golf, model years 2010, 2011, 2012, 2013, 2014, and 2015;
1638 (iv) Volkswagen Golf Sportwagen, model year 2015;
1639 (v) Volkswagen Passat, model years 2012, 2013, 2014, and 2015;
1640 (vi) Volkswagen Beetle, model years 2013, 2014, and 2015;
1641 (vii) Volkswagen Beetle Convertible, model years 2013, 2014, and 2015; and
1642 (viii) Audi A3, model years 2010, 2011, 2012, 2013, and 2015; and
1643 (b) a 3.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide
1644 emissions are mitigated in the state to a settlement, including:
1645 (i) Volkswagen Touareg, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015, and
1646 2016;
1647 (ii) Audi Q7, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015, and 2016;
1648 (iii) Audi A6 Quattro, model years 2014, 2015, and 2016;
1649 (iv) Audi A7 Quattro, model years 2014, 2015, and 2016;
1650 (v) Audi A8, model years 2014, 2015, and 2016;
1651 (vi) Audi A8L, model years 2014, 2015, and 2016;
1652 (vii) Audi Q5, model years 2014, 2015, and 2016; and
1653 (viii) Porsche Cayenne Diesel, model years 2013, 2014, 2015, and 2016.
1654 (3) (a) The legislative body of a county identified in Subsection (1), in consultation
1655 with the Air Quality Board created under Section 19-1-106, shall make regulations or
1656 ordinances regarding:
1657 (i) emissions standards;
1658 (ii) test procedures;
1659 (iii) inspections stations;
1660 (iv) repair requirements and dollar limits for correction of deficiencies; and
1661 (v) certificates of emissions inspections.
1662 (b) In accordance with Subsection (3)(a), a county legislative body:
1663 (i) shall make regulations or ordinances to attain or maintain ambient air quality
1664 standards in the county, consistent with the state implementation plan and federal
1665 requirements;
1666 (ii) may allow for a phase-in of the program by geographical area; and
1667 (iii) shall comply with the analyzer design and certification requirements contained in
1668 the state implementation plan prepared under Title 19, Chapter 2, Air Conservation Act.
1669 (c) The county legislative body and the Air Quality Board shall give preference to an
1670 inspection and maintenance program that:
1671 (i) is decentralized, to the extent the decentralized program will attain and maintain
1672 ambient air quality standards and meet federal requirements;
1673 (ii) is the most cost effective means to achieve and maintain the maximum benefit with
1674 regard to ambient air quality standards and to meet federal air quality requirements as related to
1675 vehicle emissions; and
1676 (iii) provides a reasonable phase-out period for replacement of air pollution emission
1677 testing equipment made obsolete by the program.
1678 (d) The provisions of Subsection (3)(c)(iii) apply only to the extent the phase-out:
1679 (i) may be accomplished in accordance with applicable federal requirements; and
1680 (ii) does not otherwise interfere with the attainment and maintenance of ambient air
1681 quality standards.
1682 (4) The following vehicles are exempt from an emissions inspection program and the
1683 provisions of this section:
1684 (a) an implement of husbandry as defined in Section 41-1a-102;
1685 (b) a motor vehicle that:
1686 (i) meets the definition of a farm truck under Section 41-1a-102; and
1687 (ii) has a gross vehicle weight rating of 12,001 pounds or more;
1688 (c) subject to Subsection (14), a vintage vehicle as defined in Section 41-21-1;
1689 (d) a custom vehicle as defined in Section 41-6a-1507;
1690 (e) to the extent allowed under the current federally approved state implementation
1691 plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401, et seq., a motor
1692 vehicle that is less than two years old on January 1 based on the age of the vehicle as
1693 determined by the model year identified by the manufacturer;
1694 (f) a pickup truck, as defined in Section 41-1a-102, with a gross vehicle weight rating
1695 of 12,000 pounds or less, if the registered owner of the pickup truck provides a signed
1696 statement to the legislative body stating the truck is used:
1697 (i) by the owner or operator of a farm located on property that qualifies as land in
1698 agricultural use under Sections 59-2-502 and 59-2-503; and
1699 (ii) exclusively for the following purposes in operating the farm:
1700 (A) for the transportation of farm products, including livestock and its products,
1701 poultry and its products, floricultural and horticultural products; and
1702 (B) in the transportation of farm supplies, including tile, fence, and every other thing or
1703 commodity used in agricultural, floricultural, horticultural, livestock, and poultry production
1704 and maintenance;
1705 (g) a motorcycle as defined in Section 41-1a-102;
1706 (h) an electric motor vehicle as defined in Section 41-1a-102; and
1707 (i) a motor vehicle with a model year of 1967 or older.
1708 (5) The county shall issue to the registered owner who signs and submits a signed
1709 statement under Subsection (4)(f) a certificate of exemption from emissions inspection
1710 requirements for purposes of registering the exempt vehicle.
1711 (6) A legislative body of a county described in Subsection (1) may exempt from an
1712 emissions inspection program a diesel-powered motor vehicle with a:
1713 (a) gross vehicle weight rating of more than 14,000 pounds; or
1714 (b) model year of 1997 or older.
1715 (7) The legislative body of a county required under federal law to utilize a motor
1716 vehicle emissions inspection program shall require:
1717 (a) a computerized emissions inspection for a diesel-powered motor vehicle that has:
1718 (i) a model year of 2007 or newer;
1719 (ii) a gross vehicle weight rating of 14,000 pounds or less; and
1720 (iii) a model year that is five years old or older; and
1721 (b) a visual inspection of emissions equipment for a diesel-powered motor vehicle:
1722 (i) with a gross vehicle weight rating of 14,000 pounds or less;
1723 (ii) that has a model year of 1998 or newer; and
1724 (iii) that has a model year that is five years old or older.
1725 (8) (a) Subject to Subsection (8)(c), the legislative body of each county required under
1726 federal law to utilize a motor vehicle emissions inspection and maintenance program or in
1727 which an emissions inspection and maintenance program is necessary to attain or maintain any
1728 national ambient air quality standard may require each college or university located in a county
1729 subject to this section to require its students and employees who park a motor vehicle not
1730 registered in a county subject to this section to provide proof of compliance with an emissions
1731 inspection accepted by the county legislative body if the motor vehicle is parked on the college
1732 or university campus or property.
1733 (b) College or university parking areas that are metered or for which payment is
1734 required per use are not subject to the requirements of this Subsection (8).
1735 (c) The legislative body of a county shall make the reasons for implementing the
1736 provisions of this Subsection (8) part of the record at the time that the county legislative body
1737 takes its official action to implement the provisions of this Subsection (8).
1738 (9) (a) An emissions inspection station shall issue a certificate of emissions inspection
1739 for each motor vehicle that meets the inspection and maintenance program requirements
1740 established in rules made under Subsection (3).
1741 (b) The frequency of the emissions inspection shall be determined based on the age of
1742 the vehicle as determined by model year and shall be required annually subject to the
1743 provisions of Subsection (9)(c).
1744 (c) (i) To the extent allowed under the current federally approved state implementation
1745 plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401 et seq., the legislative
1746 body of a county identified in Subsection (1) shall only require the emissions inspection every
1747 two years for each vehicle.
1748 (ii) The provisions of Subsection (9)(c)(i) apply only to a vehicle that is less than six
1749 years old on January 1.
1750 (iii) For a county required to implement a new vehicle emissions inspection and
1751 maintenance program on or after December 1, 2012, under Subsection (1), but for which no
1752 current federally approved state implementation plan exists, a vehicle shall be tested at a
1753 frequency determined by the county legislative body, in consultation with the Air Quality
1754 Board created under Section 19-1-106, that is necessary to comply with federal law or attain or
1755 maintain any national ambient air quality standard.
1756 (iv) If a county legislative body establishes or changes the frequency of a vehicle
1757 emissions inspection and maintenance program under Subsection (9)(c)(iii), the establishment
1758 or change shall take effect on January 1 if the State Tax Commission receives notice meeting
1759 the requirements of Subsection (9)(c)(v) from the county before October 1.
1760 (v) The notice described in Subsection (9)(c)(iv) shall:
1761 (A) state that the county will establish or change the frequency of the vehicle emissions
1762 inspection and maintenance program under this section;
1763 (B) include a copy of the ordinance establishing or changing the frequency; and
1764 (C) if the county establishes or changes the frequency under this section, state how
1765 frequently the emissions testing will be required.
1766 (d) If an emissions inspection is only required every two years for a vehicle under
1767 Subsection (9)(c), the inspection shall be required for the vehicle in:
1768 (i) odd-numbered years for vehicles with odd-numbered model years; or
1769 (ii) in even-numbered years for vehicles with even-numbered model years.
1770 (10) (a) Except as provided in Subsections (9)(b), (c), and (d), the emissions inspection
1771 required under this section may be made no more than two months before the renewal of
1772 registration.
1773 (b) (i) If the title of a used motor vehicle is being transferred, the owner may use an
1774 emissions inspection certificate issued for the motor vehicle during the previous 11 months to
1775 satisfy the requirement under this section.
1776 (ii) If the transferor is a licensed and bonded used motor vehicle dealer, the owner may
1777 use an emissions inspection certificate issued for the motor vehicle in a licensed and bonded
1778 motor vehicle dealer's name during the previous 11 months to satisfy the requirement under
1779 this section.
1780 (c) If the title of a leased vehicle is being transferred to the lessee of the vehicle, the
1781 lessee may use an emissions inspection certificate issued during the previous 11 months to
1782 satisfy the requirement under this section.
1783 (d) If the motor vehicle is part of a fleet of 101 or more vehicles, the owner may not
1784 use an emissions inspection made more than 11 months before the renewal of registration to
1785 satisfy the requirement under this section.
1786 (e) If the application for renewal of registration is for a six-month registration period
1787 under Section 41-1a-215.5, the owner may use an emissions inspection certificate issued during
1788 the previous eight months to satisfy the requirement under this section.
1789 (11) (a) A county identified in Subsection (1) shall collect information about and
1790 monitor the program.
1791 (b) A county identified in Subsection (1) shall supply this information to an appropriate
1792 legislative committee, as designated by the Legislative Management Committee, at times
1793 determined by the designated committee to identify program needs, including funding needs.
1794 (12) If approved by the county legislative body, a county that had an established
1795 emissions inspection fee as of January 1, 2002, may increase the established fee that an
1796 emissions inspection station may charge by $2.50 for each year that is exempted from
1797 emissions inspections under Subsection (9)(c) up to a $7.50 increase.
1798 (13) (a) Except as provided in Subsection 41-1a-1223(1)(c), a county identified in
1799 Subsection (1) may impose a local emissions compliance fee on each motor vehicle registration
1800 within the county in accordance with the procedures and requirements of Section 41-1a-1223.
1801 (b) A county that imposes a local emissions compliance fee may use revenues
1802 generated from the fee for the establishment and enforcement of an emissions inspection and
1803 maintenance program in accordance with the requirements of this section.
1804 (c) A county that imposes a local emissions compliance fee may use revenues
1805 generated from the fee to promote programs to maintain a local, state, or national ambient air
1806 quality standard.
1807 (14) A county legislative body described in Subsection (1) may require an emissions
1808 inspection of a vintage vehicle, as defined in Section 41-21-1, if the county exempts from an
1809 emissions inspection a motor vehicle that is:
1810 (a) 20 years old or older; and
1811 (b) driven less than 1,500 miles during the prior calendar year.
1812 Section 35. Section 53-1-118 is amended to read:
1813 53-1-118. Public Safety Honoring Heroes Restricted Account -- Creation --
1814 Funding -- Distribution of funds by the commissioner.
1815 (1) There is created in the General Fund a restricted account known as the Public
1816 Safety Honoring Heroes Restricted Account.
1817 (2) The account shall be funded by:
1818 (a) contributions deposited into the Public Safety Honoring Heroes Restricted Account
1819 in accordance with Section [
1820 (b) private contributions; and
1821 (c) donations or grants from public or private entities.
1822 (3) The Legislature shall appropriate money in the account to the commissioner.
1823 (4) The commissioner shall distribute the funds to one or more charitable organizations
1824 that:
1825 (a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
1826 and
1827 (b) have as a primary part of their mission to support the families of fallen Utah
1828 Highway Patrol troopers and other Department of Public Safety employees.
1829 (5) The commissioner may only consider proposals that are:
1830 (a) proposed by a charitable organization under Subsection (4); and
1831 (b) designed to support families of fallen Utah Highway Patrol troopers and other
1832 Department of Public Safety employees.
1833 (6) (a) An organization described in Subsection (4) may apply to the commissioner to
1834 receive a distribution in accordance with Subsection (4).
1835 (b) An organization that receives a distribution from the commissioner in accordance
1836 with Subsection (4) shall expend the distribution only to support the families of fallen Utah
1837 Highway Patrol troopers and other Department of Public Safety employees.
1838 (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1839 commissioner shall make rules providing procedures for an organization to apply to receive
1840 funds under this section.
1841 Section 36. Section 53-1-120 is amended to read:
1842 53-1-120. Utah Law Enforcement Memorial Support Restricted Account --
1843 Creation -- Funding -- Distribution of funds by the commissioner.
1844 (1) There is created in the General Fund a restricted account known as the Utah Law
1845 Enforcement Memorial Support Restricted Account.
1846 (2) The account shall be funded by:
1847 (a) contributions deposited into the Utah Law Enforcement Memorial Support
1848 Restricted Account in accordance with Section [
1849 (b) private contributions; and
1850 (c) donations or grants from public or private entities.
1851 (3) Subject to appropriations by the Legislature, money in the account may only be
1852 used by the commissioner for purposes described in this section.
1853 (4) Upon appropriation, the commissioner shall distribute the funds to one or more
1854 charitable organizations that:
1855 (a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
1856 and
1857 (b) have as a primary part of their mission to support the operation and maintenance of
1858 the Utah Law Enforcement Memorial.
1859 (5) The commissioner may only consider proposals that are:
1860 (a) proposed by a charitable organization described in Subsection (4); and
1861 (b) designed to support the operation and maintenance of the Utah Law Enforcement
1862 Memorial.
1863 (6) (a) An organization described in Subsection (4) may apply to the commissioner to
1864 receive a distribution in accordance with Subsection (4).
1865 (b) An organization that receives a distribution from the commissioner in accordance
1866 with Subsection (4) shall expend the distribution only to support the operation and maintenance
1867 of the Utah Law Enforcement Memorial.
1868 (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1869 commissioner shall make rules providing procedures for an organization to apply to receive
1870 funds under this section.
1871 Section 37. Section 53-7-109 is amended to read:
1872 53-7-109. Firefighter Support Restricted Account.
1873 (1) There is created in the General Fund the Firefighter Support Restricted Account.
1874 (2) The account shall be funded by:
1875 (a) contributions deposited into the account in accordance with Section [
1876 41-1a-1603; and
1877 (b) donations or grants from public or private entities.
1878 (3) The Legislature shall appropriate funds in the account to the division.
1879 (4) The division shall distribute funds in the account to one or more charitable
1880 organizations that:
1881 (a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
1882 (b) provide firefighter education and training programs;
1883 (c) initiate and maintain active participation in all aspects of fire service;
1884 (d) maintain a fire history museum; and
1885 (e) represent over 2,000 active, inactive, retired, volunteer, or career firefighters
1886 throughout the state.
1887 (5) (a) An organization described in Subsection (4) may apply to the division to receive
1888 a distribution in accordance with Subsection (4).
1889 (b) An organization that receives a distribution from the division in accordance with
1890 Subsection (4) shall expend the distribution only to:
1891 (i) pay for firefighter education or training programs;
1892 (ii) pay for firefighter scholarship programs;
1893 (iii) pay the costs of maintaining a fire history museum;
1894 (iv) pay the costs of representing firefighter interests on a national and local level; and
1895 (v) pay for assistance with purchasing equipment or apparatuses used in firefighting.
1896 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1897 division may make rules providing procedures for an organization to apply to the division to
1898 receive a distribution under Subsection (4).
1899 Section 38. Section 53F-9-401 is amended to read:
1900 53F-9-401. Autism Awareness Restricted Account.
1901 (1) There is created in the General Fund a restricted account known as the "Autism
1902 Awareness Restricted Account."
1903 (2) The account shall be funded by:
1904 (a) contributions deposited into the account in accordance with Section [
1905 41-1a-1603;
1906 (b) private contributions; and
1907 (c) donations or grants from public or private entities.
1908 (3) Upon appropriation by the Legislature, the state superintendent shall:
1909 (a) (i) ensure the inventory of Autism Awareness Support special group license plate
1910 decals are in stock; and
1911 (ii) transfer money to the State Tax Commission to pay for the group license plate as
1912 needed;
1913 (b) distribute funds in the account to one or more charitable organizations that:
1914 (i) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
1915 (ii) has as the organization's sole mission to promote access to resources and
1916 responsible information for individuals of all ages who have, or are affected by, autism or
1917 autism spectrum related conditions;
1918 (iii) is an independent organization that has representation from state agencies and
1919 private providers serving individuals with autism spectrum disorder and their families in the
1920 state;
1921 (iv) includes representation of:
1922 (A) national and local autism advocacy groups, as available; and
1923 (B) interested parents and professionals; and
1924 (v) does not endorse any specific treatment, therapy, or intervention used for autism.
1925 (4) (a) An organization described in Subsection (3) may apply to the state
1926 superintendent to receive a distribution in accordance with Subsection (3).
1927 (b) An organization that receives a distribution from the state superintendent in
1928 accordance with Subsection (3) shall expend the distribution only to:
1929 (i) pay for autism education and public awareness of programs and related services in
1930 the state;
1931 (ii) enhance programs designed to serve individuals with autism;
1932 (iii) provide support to caregivers providing services for individuals with autism;
1933 (iv) pay administrative costs of the organization; and
1934 (v) pay for academic scholarships and research efforts in the area of autism spectrum
1935 disorder.
1936 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1937 state board may make rules providing procedures for an organization to apply to the state
1938 superintendent to receive a distribution under Subsection (3).
1939 Section 39. Section 53F-9-403 is amended to read:
1940 53F-9-403. Kiwanis Education Support Fund.
1941 (1) There is created an expendable special revenue fund known as the "Kiwanis
1942 Education Support Fund."
1943 (2) The fund consists of:
1944 (a) contributions deposited into the fund in accordance with Section [
1945 41-1a-1603;
1946 (b) private contributions;
1947 (c) donations or grants from public or private entities; and
1948 (d) money appropriated to the fund by the Legislature.
1949 (3) Subject to Subsection 41-1a-418(2), the State Tax Commission:
1950 (a) shall expend money in the fund to pay the initial costs of ordering and issuing
1951 Kiwanis special group license plates; and
1952 (b) as needed, may expend money in the fund to pay the costs of reordering Kiwanis
1953 special group license plates and decals.
1954 (4) On an annual basis, the State Tax Commission shall:
1955 (a) evaluate the fund's ability to cover the costs described in Subsection (3); and
1956 (b) based on the evaluation described in Subsection (4)(a), adjust the allocation of
1957 contributions described in Subsection (2)(a) deposited into the fund.
1958 Section 40. Section 59-10-1319 is amended to read:
1959 59-10-1319. Contribution to Clean Air Fund.
1960 (1) (a) There is created an expendable special revenue fund known as the "Clean Air
1961 Fund."
1962 (b) The fund shall consist of all amounts deposited into the fund in accordance with
1963 Subsection (2).
1964 (2) (a) Except as provided in Section 59-10-1304, for a taxable year beginning on or
1965 after January 1, 2017, a resident or nonresident individual who files an individual income tax
1966 return under this chapter may designate on the resident or nonresident individual's individual
1967 income tax return a contribution as provided in this section to be:
1968 (i) deposited into the Clean Air Fund; and
1969 (ii) expended as provided in Subsection (3).
1970 (b) The fund shall also consist of amounts deposited into the fund through:
1971 (i) contributions deposited into the account in accordance with Section [
1972 41-1a-1603;
1973 (ii) private contributions; and
1974 (iii) donations or grants from public or private entities.
1975 (3) (a) At least once each year, the commission shall disburse from the Clean Air Fund
1976 all money deposited into the fund since the last disbursement.
1977 (b) The commission shall disburse money under Subsection (3)(a) to the Division of
1978 Air Quality for the purpose of:
1979 (i) providing money for grants to individuals or organizations in the state to fund
1980 activities intended to improve air quality in the state;
1981 (ii) enhancing programs designed to educate the public about the importance of air
1982 quality to the health, well-being, and livelihood of individuals in the state; and
1983 (iii) pay the costs of issuing or reordering Clean Air Support special group license plate
1984 decals.
1985 Section 41. Section 61-2-204 is amended to read:
1986 61-2-204. Utah Housing Opportunity Restricted Account.
1987 (1) For purposes of this section, "account" means the Utah Housing Opportunity
1988 Restricted Account created by this section.
1989 (2) There is created in the General Fund a restricted account known as the "Utah
1990 Housing Opportunity Restricted Account."
1991 (3) The account shall be funded by:
1992 (a) contributions deposited into the account in accordance with Section [
1993 41-1a-1603;
1994 (b) private contributions; and
1995 (c) donations or grants from public or private entities.
1996 (4) (a) The state treasurer shall invest money in the account according to Title 51,
1997 Chapter 7, State Money Management Act.
1998 (b) The Division of Finance shall deposit interest or other earnings derived from
1999 investment of account money into the General Fund.
2000 (5) The Legislature shall appropriate money in the account to the division.
2001 (6) The division shall distribute the money in the account to one or more charitable
2002 organizations that:
2003 (a) are tax exempt under Section 501(c)(3), Internal Revenue Code; and
2004 (b) have as a primary part of their mission to provide support to organizations that
2005 create affordable housing for those in severe need.
2006 (7) The division may consider a proposal only if it is:
2007 (a) proposed by an organization described in Subsection (6); and
2008 (b) designed to provide support to organizations that create affordable housing for
2009 those in severe need.
2010 (8) (a) An organization described in Subsection (6) may apply to the division to receive
2011 a distribution in accordance with Subsection (6).
2012 (b) An organization that receives a distribution from the division in accordance with
2013 Subsection (6) shall expend the distribution only to provide support to organizations that create
2014 affordable housing for those in severe need.
2015 (9) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2016 division shall make rules providing procedures for an organization to apply to receive money
2017 under this section.
2018 Section 42. Section 62A-1-202 is amended to read:
2019 62A-1-202. National Professional Men's Basketball Team Support of Women and
2020 Children Issues Restricted Account.
2021 (1) There is created in the General Fund a restricted account known as the "National
2022 Professional Men's Basketball Team Support of Women and Children Issues Restricted
2023 Account."
2024 (2) The account shall be funded by:
2025 (a) contributions deposited into the account in accordance with Section [
2026 41-1a-1603;
2027 (b) private contributions; and
2028 (c) donations or grants from public or private entities.
2029 (3) Upon appropriation by the Legislature, the department shall distribute funds in the
2030 account to one or more charitable organizations that:
2031 (a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
2032 (b) are selected by the owners that, either on an individual or joint basis, own a
2033 controlling interest in a legal entity that is a franchised member of the internationally
2034 recognized national governing body for professional men's basketball in the United States;
2035 (c) are headquartered within the state;
2036 (d) create or support programs that focus on issues affecting women and children
2037 within the state, with an emphasis on health and education; and
2038 (e) have a board of directors that disperses all funds of the organization.
2039 (4) (a) An organization described in Subsection (3) may apply to the department to
2040 receive a distribution in accordance with Subsection (3).
2041 (b) An organization that receives a distribution from the department in accordance with
2042 Subsection (3) shall expend the distribution only to:
2043 (i) create or support programs that focus on issues affecting women and children, with
2044 an emphasis on health and education;
2045 (ii) create or sponsor programs that will benefit residents within the state; and
2046 (iii) pay the costs of issuing or reordering National Professional Men's Basketball
2047 Team Support of Women and Children Issues support special group license plate decals.
2048 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2049 department may make rules providing procedures for an organization to apply to the
2050 department to receive a distribution under this Subsection (4).
2051 (5) In accordance with Section 63J-1-602.1, appropriations from the account are
2052 nonlapsing.
2053 Section 43. Section 62A-4a-608 is amended to read:
2054 62A-4a-608. Choose Life Adoption Support Restricted Account.
2055 (1) There is created in the General Fund the "Choose Life Adoption Support Restricted
2056 Account."
2057 (2) The account shall be funded by:
2058 (a) contributions deposited into the Choose Life Adoption Support Restricted Account
2059 in accordance with Section [
2060 (b) appropriations to the account by the Legislature;
2061 (c) private contributions; and
2062 (d) donations or grants from public or private entities.
2063 (3) The Legislature shall appropriate money in the account to the division.
2064 (4) The division shall distribute the funds in the account to one or more charitable
2065 organizations that:
2066 (a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
2067 (b) have as part of their primary mission the support, promotion, and education of
2068 adoption programs; and
2069 (c) are licensed or registered to do business within the state in accordance with state
2070 law.
2071 (5) (a) An organization described in Subsection (4) may apply to the division to receive
2072 a distribution in accordance with Subsection (4).
2073 (b) An organization that receives a distribution from the division in accordance with
2074 Subsection (4) shall expend the distribution only to:
2075 (i) produce and distribute educational and promotional materials on adoption;
2076 (ii) conduct educational courses on adoption; and
2077 (iii) provide other programs that support adoption.
2078 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2079 division may make rules providing procedures and requirements for an organization to apply to
2080 the division to receive a distribution under Subsection (4).
2081 Section 44. Section 63G-26-103 is amended to read:
2082 63G-26-103. Protection of personal information.
2083 (1) Except as provided in Subsections (2), (3), and (5), a public agency may not:
2084 (a) require an individual to provide the public agency with personal information or
2085 otherwise compel the release of personal information;
2086 (b) require an entity exempt from federal income tax under Section 501(c) of the
2087 Internal Revenue Code to provide the public agency with personal information or compel the
2088 entity to release personal information;
2089 (c) release, publicize, or otherwise publicly disclose personal information in possession
2090 of a public agency; or
2091 (d) request or require a current or prospective contractor or grantee of the public
2092 agency to provide the public agency with a list of entities exempt from federal income tax
2093 under Section 501(c) of the Internal Revenue Code to which the contractor or grantee has
2094 provided financial or nonfinancial support.
2095 (2) Subsection (1) does not apply to:
2096 (a) a disclosure of personal information required under Title 20A, Election Code, Title
2097 36, Chapter 11, Lobbyist Disclosure and Regulation Act, or any other legal requirement
2098 relating to reporting campaign contributions, campaign expenditures, lobbying disclosures, or
2099 lobbying expenditures;
2100 (b) a disclosure of personal information expressly required by law;
2101 (c) a disclosure of personal information voluntarily made:
2102 (i) as part of public comment or in a public meeting; or
2103 (ii) in another manner that is publicly accessible;
2104 (d) a disclosure of personal information pursuant to a warrant or court order issued by a
2105 court of competent jurisdiction;
2106 (e) a lawful request for discovery of personal information in litigation or a criminal
2107 proceeding;
2108 (f) the use of personal information in a legal proceeding;
2109 (g) a public agency sharing personal information with another public agency in
2110 accordance with the requirements of law; or
2111 (h) a nonprofit created under Title 11, Chapter 13a, Governmental Nonprofit
2112 Corporations Act.
2113 (3) Subsections (1)(a), (b), and (d) do not apply to:
2114 (a) administration or enforcement of Title 13, Chapter 11, Utah Consumer Sales
2115 Practices Act, or Title 13, Chapter 22, Charitable Solicitations Act;
2116 (b) the request or use of personal information necessary to the State Tax Commission's
2117 administration of tax or motor vehicle laws; or
2118 (c) access to personal information by the Office of the Legislative Auditor General or
2119 the state auditor's office to conduct an audit.
2120 (4) A court shall consider whether to:
2121 (a) limit a request for discovery of personal information; or
2122 (b) issue a protective order in relation to the disclosure of personal information
2123 obtained or used in relation to a legal proceeding.
2124 (5) Subsection (1) does not apply to disclosure of a contributor[
2125
2126 terms are defined in Section 41-1a-1601.
2127 Section 45. Section 63I-1-263 is amended to read:
2128 63I-1-263. Repeal dates, Titles 63A to 63N.
2129 (1) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
2130 (a) Section 63A-16-102 is repealed;
2131 (b) Section 63A-16-201 is repealed; and
2132 (c) Section 63A-16-202 is repealed.
2133 (2) Subsection 63A-5b-405(5), relating to prioritizing and allocating capital
2134 improvement funding, is repealed July 1, 2024.
2135 (3) Section 63A-5b-1003, State Facility Energy Efficiency Fund, is repealed July 1,
2136 2023.
2137 (4) Sections 63A-9-301 and 63A-9-302, related to the Motor Vehicle Review
2138 Committee, are repealed July 1, 2023.
2139 (5) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
2140 1, 2028.
2141 (6) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
2142 2025.
2143 (7) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
2144 2024.
2145 (8) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
2146 repealed July 1, 2023.
2147 (9) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
2148 July 1, 2023.
2149 (10) Title 63C, Chapter 23, Education and Mental Health Coordinating Council, is
2150 repealed July 1, 2026.
2151 (11) Title 63A, Chapter 16, Part 7, Data Security Management Council, is repealed
2152 July 1, 2025.
2153 (12) Section 63G-6a-805, which creates the Purchasing from Persons with Disabilities
2154 Advisory Board, is repealed July 1, 2026.
2155 (13) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
2156 2025.
2157 (14) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
2158 2024.
2159 (15) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
2160 (16) Subsection 63J-1-602.1[
2161 repealed July 1, 2026.
2162 (17) (a) Subsection 63J-1-602.1[
2163 Restricted Account, is repealed July 1, 2022.
2164 (b) When repealing Subsection 63J-1-602.1[
2165 Research and General Counsel shall, in addition to the office's authority under Subsection
2166 36-12-12(3), make necessary changes to subsection numbering and cross references.
2167 (18) Subsection 63J-1-602.2(5), referring to dedicated credits to the Utah Marriage
2168 Commission, is repealed July 1, 2023.
2169 (19) Subsection 63J-1-602.2(6), referring to the Trip Reduction Program, is repealed
2170 July 1, 2022.
2171 (20) Subsection 63J-1-602.2(24), related to the Utah Seismic Safety Commission, is
2172 repealed January 1, 2025.
2173 (21) Title 63J, Chapter 4, Part 5, Resource Development Coordinating Committee, is
2174 repealed July 1, 2027.
2175 (22) In relation to the advisory committee created in Subsection 63L-11-305(3), on July
2176 1, 2022:
2177 (a) Subsection 63L-11-305(1)(a), which defines "advisory committee," is repealed; and
2178 (b) Subsection 63L-11-305(3), which creates the advisory committee, is repealed.
2179 (23) In relation to the Utah Substance Use and Mental Health Advisory Council, on
2180 January 1, 2023:
2181 (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
2182 repealed;
2183 (b) Section 63M-7-305, the language that states "council" is replaced with
2184 "commission";
2185 (c) Subsection 63M-7-305(1) is repealed and replaced with:
2186 "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
2187 (d) Subsection 63M-7-305(2) is repealed and replaced with:
2188 "(2) The commission shall:
2189 (a) provide ongoing oversight of the implementation, functions, and evaluation of the
2190 Drug-Related Offenses Reform Act; and
2191 (b) coordinate the implementation of Section 77-18-104 and related provisions in
2192 Subsections 77-18-103(2)(c) and (d).".
2193 (24) The Crime Victim Reparations and Assistance Board, created in Section
2194 63M-7-504, is repealed July 1, 2027.
2195 (25) Title 63M, Chapter 7, Part 6, Utah Council on Victims of Crime, is repealed July
2196 1, 2022.
2197 (26) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2026.
2198 (27) Title 63N, Chapter 1, Part 5, Governor's Economic Development Coordinating
2199 Council, is repealed July 1, 2024.
2200 (28) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
2201 (29) Section 63N-2-512, related to the Hotel Impact Mitigation Fund, is repealed July
2202 1, 2028.
2203 (30) (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
2204 January 1, 2021.
2205 (b) Section 59-9-107 regarding tax credits against premium taxes is repealed for
2206 calendar years beginning on or after January 1, 2021.
2207 (c) Notwithstanding Subsection(30)(b), an entity may carry forward a tax credit in
2208 accordance with Section 59-9-107 if:
2209 (i) the person is entitled to a tax credit under Section 59-9-107 on or before December
2210 31, 2020; and
2211 (ii) the qualified equity investment that is the basis of the tax credit is certified under
2212 Section 63N-2-603 on or before December 31, 2023.
2213 (31) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed
2214 July 1, 2023.
2215 (32) Title 63N, Chapter 7, Part 1, Board of Tourism Development, is repealed July 1,
2216 2025.
2217 (33) Title 63N, Chapter 9, Part 2, Outdoor Recreational Infrastructure Grant Program,
2218 is repealed January 1, 2028.
2219 Section 46. Section 63J-1-602.1 is amended to read:
2220 63J-1-602.1. List of nonlapsing appropriations from accounts and funds.
2221 Appropriations made from the following accounts or funds are nonlapsing:
2222 (1) The Utah Intracurricular Student Organization Support for Agricultural Education
2223 and Leadership Restricted Account created in Section 4-42-102.
2224 (2) The Native American Repatriation Restricted Account created in Section 9-9-407.
2225 (3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
2226 Section 9-18-102.
2227 (4) The National Professional Men's Soccer Team Support of Building Communities
2228 Restricted Account created in Section 9-19-102.
2229 (5) Funds collected for directing and administering the C-PACE district created in
2230 Section 11-42a-106.
2231 (6) Money received by the Utah Inland Port Authority, as provided in Section
2232 11-58-105.
2233 (7) The "Latino Community Support Restricted Account" created in Section 13-1-16.
2234 (8) The Clean Air Support Restricted Account created in Section 19-1-109.
2235 (9) The Division of Air Quality Oil, Gas, and Mining Restricted Account created in
2236 Section 19-2a-106.
2237 (10) The Division of Water Quality Oil, Gas, and Mining Restricted Account created in
2238 Section 19-5-126.
2239 (11) The "Support for State-Owned Shooting Ranges Restricted Account" created in
2240 Section 23-14-13.5.
2241 (12) Award money under the State Asset Forfeiture Grant Program, as provided under
2242 Section 24-4-117.
2243 (13) Funds collected from the program fund for local health department expenses
2244 incurred in responding to a local health emergency under Section 26-1-38.
2245 [
2246
2247 [
2248 Program as provided in Section 26-40-108.
2249 [
2250
2251 [
2252 [
2253 31A-3-104.
2254 [
2255 31A-3-105.
2256 [
2257 except to the extent that Section 31A-3-304 makes the money received under that section free
2258 revenue.
2259 [
2260 31A-23a-415.
2261 [
2262 Section 31A-30-115.
2263 [
2264 31A-31-108.
2265 [
2266 Restricted Account created in Section 32B-2-306.
2267 [
2268 [
2269 certain products or services, as provided in Section 35A-13-202.
2270 [
2271 40-6-11.
2272 [
2273 [
2274 40-6-23.
2275 [
2276 41-1a-121 to the Motor Vehicle Division.
2277 [
2278 Account created by Section 41-3-110 to the State Tax Commission.
2279 [
2280 in Section 53-1-120.
2281 [
2282 Emergency Management, as provided in Section 53-2a-603.
2283 [
2284 Public Safety, as provided in Section 53-3-106.
2285 [
2286 Section 53-8-303.
2287 [
2288 [
2289 [
2290 53B-2a-118.
2291 [
2292 53B-22-202.
2293 [
2294 School Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
2295 [
2296 54-5-1.5, subject to Subsection 54-5-1.5(4)(d).
2297 [
2298 access to an electronic reference library, as provided in Section 58-3a-105.
2299 [
2300 Licensing for violation of unlawful or unprofessional conduct that are used for education and
2301 enforcement purposes, as provided in Section 58-17b-505.
2302 [
2303 access to an electronic reference library, as provided in Section 58-22-104.
2304 [
2305 access to an electronic reference library, as provided in Section 58-55-106.
2306 [
2307 access to an electronic reference library, as provided in Section 58-56-3.5.
2308 [
2309 Licensing for use in education and enforcement of the Security Personnel Licensing Act, as
2310 provided in Section 58-63-103.
2311 [
2312 [
2313 [
2314 background check for a mortgage loan license, as provided in Section 61-2c-202.
2315 [
2316 background check for principal broker, associate broker, and sales agent licenses, as provided
2317 in Section 61-2f-204.
2318 [
2319 Section 62A-1-111.
2320 [
2321 Children Issues Restricted Account created in Section 62A-1-202.
2322 [
2323 provided in Section 62A-4a-110.
2324 [
2325 62A-4a-608.
2326 [
2327 provided in Section 63G-3-402.
2328 [
2329 [
2330 provided in Section 63H-1-504.
2331 [
2332 63H-7a-303.
2333 [
2334 63H-7a-304.
2335 [
2336 63H-7a-403.
2337 [
2338 63N-6-204.
2339 [
2340 [
2341 Commission, as provided under Section 63N-10-301.
2342 [
2343 inmates, as provided in Subsection 64-13e-104(2).
2344 [
2345 Fire, and State Lands, as provided in Section 65A-8-103.
2346 [
2347 created in Section 71-14-102.
2348 [
2349 72-16-204.
2350 [
2351 fines or bonds, as provided in Section 73-3-25.
2352 [
2353 Section 73-23-2.
2354 [
2355 Subsection 78A-6-203(1)(c).
2356 [
2357 [
2358 78B-6-141, 78B-6-144, and 78B-6-144.5.
2359 [
2360 Part 4, Utah Indigent Defense Commission.
2361 [
2362 created in Section 79-3-403.
2363 [
2364 State Park, and Green River State Park, as provided under Section 79-4-403.
2365 [
2366 disposal of buffalo, as provided under Section 79-4-1001.
2367 [
2368 Restricted Account created in Section 32B-2-308.
2369 Section 47. Section 71-8-2 is amended to read:
2370 71-8-2. Department of Veterans and Military Affairs created -- Appointment of
2371 executive director -- Department responsibilities.
2372 (1) There is created the Department of Veterans and Military Affairs.
2373 (2) The governor shall appoint an executive director for the department, after
2374 consultation with the Veterans Advisory Council, who is subject to Senate confirmation.
2375 (a) The executive director shall be an individual who:
2376 (i) has served on active duty in the armed forces for more than 180 consecutive days;
2377 (ii) was a member of a reserve component who served in a campaign or expedition for
2378 which a campaign medal has been authorized; or
2379 (iii) incurred an actual service-related injury or disability in the line of duty, whether or
2380 not that person completed 180 consecutive days of active duty; and
2381 (iv) was separated or retired under honorable conditions.
2382 (b) Any veteran or veterans group may submit names to the council for consideration.
2383 (3) The department shall:
2384 (a) conduct and supervise all veteran activities as provided in this title;
2385 (b) determine which campaign or combat theater awards are eligible for a support
2386 special group license plate in accordance with [
2387 16, Support Special Group License Plates;
2388 (c) verify that an applicant for a campaign or combat theater award support special
2389 group license plate is qualified to receive [
2390 special group license plate;
2391 (d) provide an applicant that qualifies a form indicating the campaign or combat theater
2392 award support special group license plate for which the applicant qualifies;
2393 (e) adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative
2394 Rulemaking Act, to carry out the provisions of this title; and
2395 (f) ensure that any training or certification required of a public official or public
2396 employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
2397 22, State Training and Certification Requirements, if the training or certification is required:
2398 (i) under this title;
2399 (ii) by the department; or
2400 (iii) by an agency or division within the department.
2401 (4) (a) The department may award grants for the purpose of supporting veteran and
2402 military outreach, employment, education, healthcare, homelessness prevention, and
2403 recognition events.
2404 (b) The department may award a grant described in Subsection (4)(a) to:
2405 (i) an institution of higher education listed in Section 53B-1-102;
2406 (ii) a nonprofit organization involved in veterans or military-related activities; or
2407 (iii) a political subdivision of the state.
2408 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2409 department shall make rules for the administration of grants, including establishing:
2410 (i) the form and process for submitting an application to the department;
2411 (ii) the method and criteria for selecting a grant recipient;
2412 (iii) the method and formula for determining a grant amount; and
2413 (iv) the reporting requirements of a grant recipient.
2414 (d) A grant may be awarded by the department only after consultation with the
2415 Veterans Advisory Council.
2416 (5) Nothing in this chapter shall be construed as altering or preempting the provisions
2417 of Title 39, Militia and Armories, as specifically related to the Utah National Guard.
2418 Section 48. Section 71-8-4 is amended to read:
2419 71-8-4. Veterans Advisory Council -- Membership -- Duties and responsibilities --
2420 Per diem and travel expenses.
2421 (1) There is created a Veterans Advisory Council whose purpose is to advise the
2422 executive director of the Department of Veterans and Military Affairs on issues relating to
2423 veterans.
2424 (2) The council shall consist of the following 14 members:
2425 (a) 11 voting members to serve four-year terms:
2426 (i) seven veterans at large appointed by the governor;
2427 (ii) the commander or the commander's designee, whose terms shall last for as long as
2428 they hold that office, from each of the following organizations:
2429 (A) Veterans of Foreign Wars;
2430 (B) American Legion; and
2431 (C) Disabled American Veterans; and
2432 (iii) a representative from the Office of the Governor; and
2433 (b) three nonvoting members:
2434 (i) the executive director of the Department of Veterans and Military Affairs;
2435 (ii) the director of the VA Health Care System or his designee; and
2436 (iii) the director of the VA Benefits Administration Regional Office in Salt Lake City,
2437 or his designee.
2438 (3) (a) Except as required by Subsection (3)(b), as terms of current council members
2439 expire, the governor shall appoint each new or reappointed member to a four-year term
2440 commencing on July 1.
2441 (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
2442 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
2443 council members are staggered so that approximately half of the members appointed by the
2444 governor are appointed every two years.
2445 (4) When a vacancy occurs in the membership for any reason, the governor shall
2446 appoint a replacement for the unexpired term within 60 days of receiving notice.
2447 (5) Members appointed by the governor may not serve more than three consecutive
2448 terms.
2449 (6) (a) Any veterans group or veteran may provide the executive director with a list of
2450 recommendations for members on the council.
2451 (b) The executive director shall provide the governor with the list of recommendations
2452 for members to be appointed to the council.
2453 (c) The governor shall make final appointments to the council by June 30 of any year in
2454 which appointments are to be made under this chapter.
2455 (7) The council shall elect a chair and vice chair from among the council members
2456 every two years. The chair and vice chair shall each be an individual who:
2457 (a) has served on active duty in the armed forces for more than 180 consecutive days;
2458 (b) was a member of a reserve component who served in a campaign or expedition for
2459 which a campaign medal has been authorized; or
2460 (c) incurred an actual service-related injury or disability in the line of duty, whether or
2461 not that person completed 180 consecutive days of active duty; and
2462 (d) was separated or retired under honorable conditions.
2463 (8) (a) The council shall meet at least once every quarter.
2464 (b) The executive director of the Department of Veterans and Military Affairs may
2465 convene additional meetings, as necessary.
2466 (9) The department shall provide staff to the council.
2467 (10) Six voting members are a quorum for the transaction of business.
2468 (11) The council shall:
2469 (a) solicit input concerning veterans issues from veterans' groups throughout the state;
2470 (b) report issues received to the executive director of the Department of Veterans and
2471 Military Affairs and make recommendations concerning them;
2472 (c) keep abreast of federal developments that affect veterans locally and advise the
2473 executive director of them;
2474 (d) approve, by a majority vote, the use of money generated from veterans license
2475 plates under Section [
2476 (e) assist the director in developing guidelines and qualifications for:
2477 (i) participation by donors and recipients in the Veterans Assistance Registry created in
2478 Section 71-12-101; and
2479 (ii) developing a process for providing contact information between qualified donors
2480 and recipients.
2481 (12) A member may not receive compensation or benefits for the member's service, but
2482 may receive per diem and travel expenses in accordance with:
2483 (a) Section 63A-3-106;
2484 (b) Section 63A-3-107; and
2485 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2486 63A-3-107.
2487 Section 49. Section 71-14-102 is amended to read:
2488 71-14-102. Transportation of Veterans to Memorials Support Restricted
2489 Account.
2490 (1) As used in this section, "department" means the Department of Veterans and
2491 Military Affairs created in Section 71-8-2.
2492 (2) There is created in the General Fund a restricted account known as the
2493 "Transportation of Veterans to Memorials Support Restricted Account."
2494 (3) The account shall be funded by contributions deposited into the account in
2495 accordance with Section [
2496 (4) Upon appropriation by the Legislature, the department shall distribute funds in the
2497 account to one or more charitable organizations that:
2498 (a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
2499 and
2500 (b) have as a primary mission the transportation of veterans to Washington D.C. to
2501 visit memorials dedicated to honor the service and sacrifice of veterans.
2502 (5) (a) An organization described in Subsection (4) may apply to the department to
2503 receive a distribution in accordance with Subsection (4).
2504 (b) An organization that receives a distribution from the department in accordance with
2505 Subsection (4) shall expend the distribution only:
2506 (i) to facilitate, coordinate, and cover costs of travel to visit veterans memorials in
2507 Washington D.C.; and
2508 (ii) pay the costs of issuing or reordering Transportation of Veterans to Memorials
2509 Support special group license plate decals.
2510 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2511 department may make rules providing procedures for an organization to apply to the
2512 department to receive a distribution as provided in this section.
2513 (6) In accordance with Section 63J-1-602.1, appropriations from the account are
2514 nonlapsing.
2515 Section 50. Section 72-2-127 is amended to read:
2516 72-2-127. Share the Road Bicycle Support Restricted Account.
2517 (1) There is created in the General Fund the Share the Road Bicycle Support Restricted
2518 Account.
2519 (2) The account shall be funded by:
2520 (a) contributions deposited into the account in accordance with Section [
2521 41-1a-1603;
2522 (b) appropriations to the account by the Legislature;
2523 (c) private contributions; and
2524 (d) donations or grants from public or private entities.
2525 (3) The Legislature shall appropriate funds in the account to the department.
2526 (4) The department may expend up to 5% of the money appropriated under Subsection
2527 (3) to administer account distributions in accordance with Subsections (5) and (6).
2528 (5) The department shall distribute contributions in the account to one or more
2529 charitable organizations that:
2530 (a) are exempt from federal income taxation under Section 501(c)(3) of the Internal
2531 Revenue Code;
2532 (b) have as part of their primary mission the promotion and education of:
2533 (i) safe bicycle operation;
2534 (ii) safe motor vehicle operation around bicycles; and
2535 (iii) healthy lifestyles; and
2536 (c) contribute to the start-up fee for the production and administrative costs for
2537 providing a Share the Road Bicycle Support special group license plate in accordance with
2538 Subsection 41-1a-418(2)[
2539 (6) (a) An organization described in Subsection (5) may apply to the department to
2540 receive a distribution in accordance with Subsection (5).
2541 (b) An organization that receives a distribution from the department in accordance with
2542 Subsection (5) shall expend the distribution only to:
2543 (i) pay the costs of reordering Share the Road Bicycle Support special group license
2544 plate decals;
2545 (ii) produce and distribute materials to educate:
2546 (A) bicyclists and motorists about safe bicycling, sharing the road, and obeying the law
2547 in Utah; and
2548 (B) the public on healthy lifestyles;
2549 (iii) participate in transportation planning that provides accommodations for safe
2550 bicycling;
2551 (iv) promote a network of safe bicycling routes throughout the state; and
2552 (v) provide other programs that promote bicycle safety.
2553 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2554 department may make rules providing procedures and requirements for an organization to
2555 apply to the department to receive a distribution under Subsection (5).
2556 Section 51. Section 72-2-130 is amended to read:
2557 72-2-130. Motorcycle Safety Awareness Support Restricted Account.
2558 (1) There is created in the General Fund the Motorcycle Safety Awareness Support
2559 Restricted Account.
2560 (2) The account shall be funded by:
2561 (a) contributions deposited into the account in accordance with Section [
2562 41-1a-1603;
2563 (b) appropriations to the account by the Legislature;
2564 (c) private contributions; and
2565 (d) donations or grants from public or private entities.
2566 (3) The Legislature shall appropriate funds in the account to the department.
2567 (4) The department may expend up to 5% of the money appropriated under Subsection
2568 (3) to administer account distributions in accordance with Subsections (5) and (6).
2569 (5) The department shall distribute contributions in the account to one or more
2570 charitable organizations that:
2571 (a) are exempt from federal income taxation under Section 501(c)(3) of the Internal
2572 Revenue Code;
2573 (b) have as part of their primary mission:
2574 (i) the promotion of motorcycle safety and awareness;
2575 (ii) safe motor vehicle operation around motorcycles; and
2576 (iii) assistance to motorcycle riders who have been involved in an accident that resulted
2577 in hospitalization; and
2578 (c) contribute to the start-up fee for the production and administrative costs for
2579 providing a Motorcycle Safety Awareness Support special group license plate in accordance
2580 with Subsection 41-1a-418(2)[
2581 (6) (a) An organization described in Subsection (5) may apply to the department to
2582 receive a distribution in accordance with Subsection (5).
2583 (b) An organization that receives a distribution from the department in accordance with
2584 Subsection (5) shall expend the distribution only to:
2585 (i) pay the costs of reordering Motorcycle Safety Awareness Support special group
2586 license plate decals;
2587 (ii) produce and distribute materials to educate motorcycle riders and motorists about
2588 motorcycle safety and awareness and obeying the law in Utah;
2589 (iii) promote education on motorcycle safety;
2590 (iv) assist motorcycle riders and families of motorcycle riders who have been involved
2591 in a motorcycle accident resulting in hospitalization; and
2592 (v) provide other programs that promote motorcycle and related traffic safety.
2593 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2594 department may make rules providing procedures and requirements for an organization to
2595 apply to the department to receive a distribution under Subsection (5).
2596 Section 52. Section 78A-2-804 is amended to read:
2597 78A-2-804. Guardian Ad Litem Services Account established -- Funding.
2598 (1) There is created a restricted account in the General Fund known as the Guardian Ad
2599 Litem Services Account, for the purpose of funding the office, in accordance with this part.
2600 (2) The [
2601
2602 account in accordance with Section 41-1a-1603.
2603 Section 53. Section 79-4-203 is amended to read:
2604 79-4-203. Powers and duties of division.
2605 (1) As used in this section, "real property" includes land under water, upland, and all
2606 other property commonly or legally defined as real property.
2607 (2) The Division of Wildlife Resources shall retain the power and jurisdiction
2608 conferred upon the Division of Wildlife Resources by law within state parks and on property
2609 controlled by the Division of State Parks with reference to fish and game.
2610 (3) The division shall permit multiple use of state parks and property controlled by the
2611 division for purposes such as grazing, fishing, hunting, camping, mining, and the development
2612 and utilization of water and other natural resources.
2613 (4) (a) The division may acquire real and personal property in the name of the state by
2614 all legal and proper means, including purchase, gift, devise, eminent domain, lease, exchange,
2615 or otherwise, subject to the approval of the executive director and the governor.
2616 (b) In acquiring any real or personal property, the credit of the state may not be pledged
2617 without the consent of the Legislature.
2618 (5) (a) Before acquiring any real property, the division shall notify the county
2619 legislative body of the county where the property is situated of its intention to acquire the
2620 property.
2621 (b) If the county legislative body requests a hearing within 10 days of receipt of the
2622 notice, the division shall hold a public hearing in the county concerning the matter.
2623 (6) Acceptance of gifts or devises of land or other property is at the discretion of the
2624 division, subject to the approval of the executive director and the governor.
2625 (7) The division shall acquire property by eminent domain in the manner authorized by
2626 Title 78B, Chapter 6, Part 5, Eminent Domain.
2627 (8) (a) The division may make charges for special services and use of facilities, the
2628 income from which is available for park purposes.
2629 (b) The division may conduct and operate those services necessary for the comfort and
2630 convenience of the public.
2631 (9) (a) The division may lease or rent concessions of all lawful kinds and nature in state
2632 parks and property to persons, partnerships, and corporations for a valuable consideration upon
2633 the recommendation of the board.
2634 (b) The division shall comply with Title 63G, Chapter 6a, Utah Procurement Code, in
2635 selecting concessionaires.
2636 (10) The division shall proceed without delay to negotiate with the federal government
2637 concerning the Weber Basin and other recreation and reclamation projects.
2638 (11) The division shall receive and distribute voluntary contributions collected under
2639 Section [
2640 Section 54. Section 79-4-404 is amended to read:
2641 79-4-404. Zion National Park Support Programs Restricted Account -- Creation
2642 -- Funding -- Distribution of funds.
2643 (1) There is created within the General Fund the Zion National Park Support Programs
2644 Restricted Account.
2645 (2) The account shall be funded by:
2646 (a) contributions deposited into the account in accordance with Section [
2647 41-1a-1603;
2648 (b) private contributions; or
2649 (c) donations or grants from public or private entities.
2650 (3) The Legislature shall appropriate funds in the account to the division.
2651 (4) The board may expend up to 10% of the money appropriated under Subsection (3)
2652 to administer account distributions in accordance with Subsections (5) and (6).
2653 (5) The division shall distribute contributions to one or more organizations that:
2654 (a) are exempt from federal income taxation under Section 501(c)(3), Internal Revenue
2655 Code;
2656 (b) operate under a written agreement with the National Park Service to provide
2657 interpretive, educational, and research activities for the benefit of Zion National Park;
2658 (c) produce and distribute educational and promotional materials on Zion National
2659 Park;
2660 (d) conduct educational courses on the history and ecosystem of the greater Zion
2661 Canyon area; and
2662 (e) provide other programs that enhance visitor appreciation and enjoyment of Zion
2663 National Park.
2664 (6) (a) An organization described in Subsection (5) may apply to the division to receive
2665 a distribution in accordance with Subsection (5).
2666 (b) An organization that receives a distribution from the division in accordance with
2667 Subsection (5) shall expend the distribution only to:
2668 (i) produce and distribute educational and promotional materials on Zion National
2669 Park;
2670 (ii) conduct educational courses on the history and ecosystem of the greater Zion
2671 Canyon area; and
2672 (iii) provide other programs that enhance visitor appreciation and enjoyment of Zion
2673 National Park.
2674 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2675 division may make rules providing procedures and requirements for an organization to apply to
2676 the division to receive a distribution under Subsection (5).
2677 Section 55. Repealer.
2678 This bill repeals:
2679 Section 26-21a-304, Children with Cancer Support Restricted Account.
2680 Section 26-58-102, Children with Heart Disease Support Restricted Account.
2681 Section 41-1a-422, Support special group license plates -- Contributor -- Voluntary
2682 contribution collection procedures.
2683 Section 56. Effective date.
2684 This bill takes effect on January 1, 2023.