Representative Norman K. Thurston proposes the following substitute bill:


1     
VEHICLE LICENSE PLATE AND REGISTRATION

2     
AMENDMENTS

3     
2022 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Norman K. Thurston

6     
Senate Sponsor: Wayne A. Harper

7     

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 special group license plate program;
17          ▸     establishes eligibility criteria for different categories of special group license plates;
18          ▸     allows a county to require an emissions inspection of a vintage vehicle under certain
19     circumstances;
20          ▸     repeals certain restricted accounts; and
21          ▸     makes technical and conforming changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          This bill provides a special effective date.

26     Utah Code Sections Affected:
27     AMENDS:
28          4-42-102, as enacted by Laws of Utah 2017, Chapter 194
29          9-8-207, as last amended by Laws of Utah 2018, Chapter 260
30          9-17-102, as last amended by Laws of Utah 2011, Chapter 303
31          9-19-102, as enacted by Laws of Utah 2016, Chapter 70
32          13-1-16, as enacted by Laws of Utah 2020, Chapter 405
33          19-1-109, as enacted by Laws of Utah 2020, Chapter 322
34          23-14-13.5, as enacted by Laws of Utah 2017, Chapter 383
35          26-18b-101, as last amended by Laws of Utah 2021, Chapter 378
36          26-21a-302, as last amended by Laws of Utah 2011, Chapter 303
37          41-1a-102, as last amended by Laws of Utah 2019, Chapters 373, 428, 459, and 479
38          41-1a-222, as last amended by Laws of Utah 2017, Chapter 24
39          41-1a-226, as last amended by Laws of Utah 2017, Chapter 406
40          41-1a-401, as last amended by Laws of Utah 2018, Chapters 260, 260, and 454
41          41-1a-410, as last amended by Laws of Utah 1993, Chapter 222
42          41-1a-411, as last amended by Laws of Utah 2020, Chapter 259
43          41-1a-416, as last amended by Laws of Utah 2008, Chapter 382
44          41-1a-419, as last amended by Laws of Utah 2018, Chapter 260
45          41-1a-1201, as last amended by Laws of Utah 2018, Chapter 424
46          41-1a-1204, as last amended by Laws of Utah 2012, Chapter 397
47          41-1a-1206, as last amended by Laws of Utah 2020, Chapter 377
48          41-1a-1211, as last amended by Laws of Utah 2015, Chapter 119
49          41-1a-1212, as last amended by Laws of Utah 2014, Chapters 61, 237, and 237
50          41-1a-1218, as last amended by Laws of Utah 2012, Chapter 397
51          41-1a-1222, as last amended by Laws of Utah 2021, Chapter 420
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          79-4-203, as last amended by Laws of Utah 2021, Chapter 280
74          79-4-404, as renumbered and amended by Laws of Utah 2009, Chapter 344
75     ENACTS:
76          41-1a-1601, Utah Code Annotated 1953
77          41-1a-1602, Utah Code Annotated 1953
78          41-1a-1603, Utah Code Annotated 1953
79          41-1a-1604, Utah Code Annotated 1953
80          41-1a-1605, Utah Code Annotated 1953
81          41-1a-1606, Utah Code Annotated 1953
82          41-1a-1607, Utah Code Annotated 1953
83          41-1a-1608, Utah Code Annotated 1953
84          41-1a-1609, Utah Code Annotated 1953
85          41-1a-1610, 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-421, as last amended by Laws of Utah 2018, Chapter 39
90          41-1a-422, as last amended by Laws of Utah 2021, Chapters 219, 280, and 378
91          78A-2-804, as renumbered and amended by Laws of Utah 2021, Chapter 261
92     REPEALS AND REENACTS:
93          41-1a-402, as last amended by Laws of Utah 2018, Chapters 20 and 262
94          41-1a-418, as last amended by Laws of Utah 2021, Chapters 219, 280, and 378
95     

96     Be it enacted by the Legislature of the state of Utah:
97          Section 1. Section 4-42-102 is amended to read:
98          4-42-102. Utah Intracurricular Student Organization Support for Agricultural
99     Education and Leadership Restricted Account.
100          (1) There is created in the General Fund a restricted account known as the "Utah
101     Intracurricular Student Organization Support for Agricultural Education and Leadership
102     Restricted Account."
103          (2) The account shall be funded by:
104          [(a) contributions deposited into the account in accordance with Section 41-1a-422 ;]
105          [(b)] (a) private contributions; and
106          [(c)] (b) donations or grants from public or private entities.
107          (3) Upon appropriation by the Legislature, the department shall distribute funds in the
108     account to one or more organizations that:
109          (a) are statewide agricultural education and leadership organizations; and
110          (b) promote leadership and career development through agricultural education.
111          (4) (a) An organization described in Subsection (3) may apply to the department to
112     receive a distribution in accordance with Subsection (3).
113          (b) An organization that receives a distribution from the department in accordance with
114     Subsection (3) shall expend the distribution only to:
115          (i) create or support programs that focus on issues described in Subsection (3);
116          (ii) create or sponsor programs that will benefit residents within the state; and
117          (iii) pay the costs of issuing or reordering Utah Intracurricular Student Organization
118     Support for Agricultural Education and Leadership special group license plate decals.

119          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
120     department may make rules providing procedures for an organization to apply to the
121     department to receive a distribution under this Subsection (4).
122          (5) In accordance with Section 63J-1-602.1, appropriations from the account are
123     nonlapsing.
124          Section 2. Section 9-8-207 is amended to read:
125          9-8-207. Historical society -- Donations -- Accounting.
126          (1) (a) There is created the Utah State Historical Society.
127          (b) The society may:
128          (i) solicit memberships from persons interested in the work of the society and charge
129     dues for memberships commensurate with the advantages of membership and the needs of the
130     society; and
131          (ii) receive gifts, donations, bequests, devises, and endowments of money or property,
132     which shall then become the property of the state of Utah.
133          (2) [(a)] If the donor directs that money or property donated under Subsection (1)(b)(ii)
134     be used in a specified manner, then the division shall use it in accordance with these directions.
135     Otherwise, all donated money and the proceeds from donated property, together with the
136     charges realized from society memberships, shall be deposited in the General Fund as restricted
137     revenue of the society.
138          [(b) Funds received from donations to the society under Section 41-1a-422 shall be
139     deposited into the General Fund as a dedicated credit to achieve the mission and purpose of the
140     society.]
141          (3) The division shall keep a correct account of funds and property received, held, or
142     disbursed by the society, and shall make reports to the governor as in the case of other state
143     institutions.
144          Section 3. Section 9-17-102 is amended to read:
145          9-17-102. Humanitarian Service and Educational and Cultural Exchange
146     Restricted Account.
147          (1) There is created in the General Fund a restricted account known as the
148     "Humanitarian Service and Educational and Cultural Exchange Restricted Account."
149          (2) The account shall be funded by:

150          [(a) contributions deposited into the account in accordance with Section 41-1a-422 ;]
151          [(b)] (a) private contributions; and
152          [(c)] (b) donations or grants from public or private entities.
153          (3) Upon appropriation by the Legislature, the department shall distribute funds in the
154     account to one or more charitable organizations that:
155          (a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
156          (b) have a national parent organization which:
157          (i) provides international humanitarian service projects; and
158          (ii) has youth programs including programs to foster leadership in high school students,
159     humanitarian service in high school and college, and conducts and promotes community
160     service projects;
161          (c) have a non-profit youth exchange program that does not compensate those who
162     administer the program within the state;
163          (d) have an annual leadership conference, which does not compensate those who
164     administer the program within the state;
165          (e) have high school service clubs, which promote humanitarian services on a state
166     level, a national level, and an international level; and
167          (f) have college service clubs, which promote humanitarian service on a state level, a
168     national level, and an international level.
169          (4) (a) An organization described in Subsection (3) may apply to the department to
170     receive a distribution in accordance with Subsection (3).
171          (b) An organization that receives a distribution from the department in accordance with
172     Subsection (3) shall expend the distribution only to:
173          (i) pay the costs of supporting the following programs within the state:
174          (A) youth programs including programs to foster leadership in high school students and
175     humanitarian service in high school and college;
176          (B) community service projects;
177          (C) a non-profit youth exchange program;
178          (D) an annual leadership conference;
179          (E) high school service clubs, which promote humanitarian service on a state level, a
180     national level, and an international level; and

181          (F) college service clubs, which promote humanitarian service on a state level, a
182     national level, and an international level; and
183          (ii) pay the costs of issuing or reordering Humanitarian Service and Educational and
184     Cultural Exchange support special group license plate decals.
185          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
186     department may make rules providing procedures for an organization to apply to the
187     department to receive a distribution under Subsection (3).
188          Section 4. Section 9-19-102 is amended to read:
189          9-19-102. National Professional Men's Soccer Team Support of Building
190     Communities Restricted Account.
191          (1) There is created in the General Fund a restricted account known as the "National
192     Professional Men's Soccer Team Support of Building Communities Restricted Account."
193          (2) The account shall be funded by:
194          [(a) contributions deposited into the account in accordance with Section 41-1a-422 ;]
195          [(b)] (a) private contributions; and
196          [(c)] (b) donations or grants from public or private entities.
197          (3) Upon appropriation by the Legislature, the department shall distribute funds in the
198     account to one or more charitable organizations that:
199          (a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
200          (b) have a board that is appointed by the owners that, either on an individual or joint
201     basis, own a controlling interest in a legal entity that is a franchised member of the
202     internationally recognized national governing body for professional men's soccer in the United
203     States;
204          (c) are headquartered within the state;
205          (d) create or support programs that focus on:
206          (i) strengthening communities through youth soccer by:
207          (A) using soccer to teach life skills;
208          (B) combating gang activity through youth involvement; and
209          (C) providing youth in underserved areas with opportunities to play soccer and become
210     certified referees;
211          (ii) building communities through professional player initiatives, tournaments, and

212     community gathering areas; and
213          (iii) promoting environmental sustainability; and
214          (e) have a board of directors that disperses all funds of the organization.
215          (4) (a) An organization described in Subsection (3) may apply to the department to
216     receive a distribution in accordance with Subsection (3).
217          (b) An organization that receives a distribution from the department in accordance with
218     Subsection (3) shall expend the distribution only to:
219          (i) create or support programs that focus on issues described in Subsection (3);
220          (ii) create or sponsor programs that will benefit residents within the state; and
221          (iii) pay the costs of issuing or reordering National Professional Men's Soccer Team
222     Support of Building Communities support special group license plate decals.
223          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
224     department may make rules providing procedures for an organization to apply to the
225     department to receive a distribution under this Subsection (4).
226          (5) In accordance with Section 63J-1-602.1, appropriations from the account are
227     nonlapsing.
228          Section 5. Section 13-1-16 is amended to read:
229          13-1-16. Latino Community Support Restricted Account.
230          (1) There is created in the General Fund a restricted account known as the "Latino
231     Community Support Restricted Account."
232          (2) The account shall be funded by:
233          [(a) contributions deposited into the account in accordance with Section 41-1a-422 ;]
234          [(b)] (a) private contributions; and
235          [(c)] (b) donations or grants from public or private entities.
236          (3) (a) The state treasurer shall invest money in the account according to Title 51,
237     Chapter 7, State Money Management Act.
238          (b) The Division of Finance shall deposit interest or other earnings derived from
239     investment of account money into the General Fund.
240          (4) Subject to appropriation, the department shall distribute the money in the account
241     to one or more charitable organizations that:
242          (a) are tax exempt under Section 501(c)(3), Internal Revenue Code; and

243          (b) have as a primary part of the organization's mission to strengthen the state's Latino
244     community by:
245          (i) creating strong leaders through education and mentoring;
246          (ii) providing scholarships and educational financial support; and
247          (iii) recognizing academic and vocational achievement, and school and community
248     leadership.
249          (5) The department may also expend funds in the account to pay the costs of issuing or
250     reordering Latino Community support special group license plate decals.
251          (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
252     department shall make rules providing procedures for an organization to apply to receive
253     money under this section.
254          Section 6. Section 19-1-109 is amended to read:
255          19-1-109. Clean Air Support Restricted Account.
256          (1) There is created in the General Fund a restricted account known as the "Clean Air
257     Support Restricted Account."
258          (2) The account shall be funded by:
259          [(a) contributions deposited into the account in accordance with Section 41-1a-422 ;]
260          [(b)] (a) private contributions; and
261          [(c)] (b) 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 41-1a-422 ;]
286          [(b)] (a) private contributions; and
287          [(c)] (b) donations or grants from public or private entities.
288          (3) Upon appropriation by the Legislature, the division shall distribute funds in the
289     account to facilitate construction of new firearm shooting ranges, and operation and
290     maintenance of existing ranges, that are:
291          (a) built on land owned or leased by the state;
292          (b) owned by the division; and
293          (c) operated by the division or the division's contractors.
294          (4) The division shall only expend the funds to:
295          (a) construct, operate, and maintain firearm shooting ranges described in Subsection
296     (3); and
297          (b) pay the costs of issuing or reordering Support the 2nd Amendment and
298     State-Owned Shooting Ranges support special group license plate decals.
299          (5) In accordance with Section 63J-1-602.1, appropriations from the account are
300     nonlapsing.
301          Section 8. Section 26-18b-101 is amended to read:
302          26-18b-101. Allyson Gamble Organ Donation Contribution Fund created.
303          (1) (a) There is created an expendable special revenue fund known as the Allyson
304     Gamble Organ Donation Contribution Fund.

305          (b) The Allyson Gamble Organ Donation Contribution Fund shall consist of:
306          (i) private contributions;
307          (ii) donations or grants from public or private entities;
308          (iii) voluntary donations collected under Sections 41-1a-230.5 and 53-3-214.7; and
309          [(iv) contributions deposited into the account in accordance with Section 41-1a-422 ;
310     and]
311          [(v)] (iv) interest and earnings on fund money.
312          (c) The cost of administering the Allyson Gamble Organ Donation Contribution Fund
313     shall be paid from money in the fund.
314          (2) The Department of Health shall:
315          (a) administer the funds deposited in the Allyson Gamble Organ Donation Contribution
316     Fund; and
317          (b) select qualified organizations and distribute the funds in the Allyson Gamble Organ
318     Donation Contribution Fund in accordance with Subsection (3).
319          (3) (a) The funds in the Allyson Gamble Organ Donation Contribution Fund may be
320     distributed to a selected organization that:
321          (i) promotes and supports organ donation;
322          (ii) assists in maintaining and operating a statewide organ donation registry; and
323          (iii) provides donor awareness education.
324          (b) An organization that meets the criteria of Subsections (3)(a)(i) through (iii) may
325     apply to the Department of Health, in a manner prescribed by the department, to receive a
326     portion of the money contained in the Allyson Gamble Organ Donation Contribution Fund.
327          (4) The Department of Health may expend funds in the account to pay the costs of
328     administering the fund and issuing or reordering the Donate Life support special group license
329     plate and decals.
330          Section 9. Section 26-21a-302 is amended to read:
331          26-21a-302. Cancer Research Restricted Account.
332          (1) As used in this section, "account" means the Cancer Research Restricted Account
333     created by this section.
334          (2) There is created in the General Fund a restricted account known as the "Cancer
335     Research Restricted Account."

336          (3) The account shall be funded by:
337          [(a) contributions deposited into the account in accordance with Section 41-1a-422 ;]
338          [(b)] (a) private contributions;
339          [(c)] (b) donations or grants from public or private entities; and
340          [(d)] (c) interest and earnings on fund money.
341          (4) The department shall distribute funds in the account to one or more charitable
342     organizations that:
343          (a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
344          (b) have been designated as an official cancer center of the state;
345          (c) is a National Cancer Institute designated cancer center; and
346          (d) have as part of [its] the charitable organization's primary mission:
347          (i) cancer research programs in basic science, translational science, population science,
348     and clinical research to understand cancer from its beginnings; and
349          (ii) the dissemination and use of knowledge developed by the research described in
350     Subsection (4)(d)(i) for the creation and improvement of cancer detection, treatments,
351     prevention, and outreach programs.
352          (5) (a) An organization described in Subsection (4) may apply to the department to
353     receive a distribution in accordance with Subsection (4).
354          (b) An organization that receives a distribution from the department in accordance with
355     Subsection (4) shall expend the distribution only to conduct cancer research for the purpose of
356     making improvements in cancer treatments, cures, detection, and prevention of cancer at the
357     molecular and genetic levels.
358          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
359     department may make rules providing procedures for an organization to apply to the
360     department to receive a distribution under Subsection (4).
361          Section 10. Section 41-1a-102 is amended to read:
362          41-1a-102. Definitions.
363          As used in this chapter:
364          (1) "Actual miles" means the actual distance a vehicle has traveled while in operation.
365          (2) "Actual weight" means the actual unladen weight of a vehicle or combination of
366     vehicles as operated and certified to by a weighmaster.

367          (3) "All-terrain type I vehicle" means the same as that term is defined in Section
368     41-22-2.
369          (4) "All-terrain type II vehicle" means the same as that term is defined in Section
370     41-22-2.
371          (5) "All-terrain type III vehicle" means the same as that term is defined in Section
372     41-22-2.
373          (6) "Alternative fuel vehicle" means:
374          (a) an electric motor vehicle;
375          (b) a hybrid electric motor vehicle;
376          (c) a plug-in hybrid electric motor vehicle; or
377          (d) a motor vehicle powered exclusively by a fuel other than:
378          (i) motor fuel;
379          (ii) diesel fuel;
380          (iii) natural gas; or
381          (iv) propane.
382          (7) "Amateur radio operator" means a person licensed by the Federal Communications
383     Commission to engage in private and experimental two-way radio operation on the amateur
384     band radio frequencies.
385          (8) "Autocycle" means the same as that term is defined in Section 53-3-102.
386          (9) "Automated driving system" means the same as that term is defined in Section
387     41-26-102.1.
388          (10) "Branded title" means a title certificate that is labeled:
389          (a) rebuilt and restored to operation;
390          (b) flooded and restored to operation; or
391          (c) not restored to operation.
392          (11) "Camper" means a structure designed, used, and maintained primarily to be
393     mounted on or affixed to a motor vehicle that contains a floor and is designed to provide a
394     mobile dwelling, sleeping place, commercial space, or facilities for human habitation or for
395     camping.
396          (12) "Certificate of title" means a document issued by a jurisdiction to establish a
397     record of ownership between an identified owner and the described vehicle, vessel, or outboard

398     motor.
399          (13) "Certified scale weigh ticket" means a weigh ticket that has been issued by a
400     weighmaster.
401          (14) "Commercial vehicle" means a motor vehicle, trailer, or semitrailer used or
402     maintained for the transportation of persons or property that operates:
403          (a) as a carrier for hire, compensation, or profit; or
404          (b) as a carrier to transport the vehicle owner's goods or property in furtherance of the
405     owner's commercial enterprise.
406          (15) "Commission" means the State Tax Commission.
407          (16) "Consumer price index" means the same as that term is defined in Section
408     59-13-102.
409          (17) "Dealer" means a person engaged or licensed to engage in the business of buying,
410     selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on
411     conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established
412     place of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors.
413          (18) "Diesel fuel" means the same as that term is defined in Section 59-13-102.
414          (19) "Division" means the Motor Vehicle Division of the commission, created in
415     Section 41-1a-106.
416          (20) "Dynamic driving task" means the same as that term is defined in Section
417     41-26-102.1.
418          (21) "Electric motor vehicle" means a motor vehicle that is powered solely by an
419     electric motor drawing current from a rechargeable energy storage system.
420          (22) "Essential parts" means the integral and body parts of a vehicle of a type required
421     to be registered in this state, the removal, alteration, or substitution of which would tend to
422     conceal the identity of the vehicle or substantially alter the vehicle's appearance, model, type,
423     or mode of operation.
424          (23) "Farm tractor" means a motor vehicle designed and used primarily as a farm
425     implement for drawing plows, mowing machines, and other implements of husbandry.
426          (24) (a) "Farm truck" means a truck used by the owner or operator of a farm solely for
427     the owner's or operator's own use in the transportation of:
428          (i) farm products, including livestock and its products, poultry and its products,

429     floricultural and horticultural products;
430          (ii) farm supplies, including tile, fence, and any other thing or commodity used in
431     agricultural, floricultural, horticultural, livestock, and poultry production; and
432          (iii) livestock, poultry, and other animals and things used for breeding, feeding, or
433     other purposes connected with the operation of a farm.
434          (b) "Farm truck" does not include the operation of trucks by commercial processors of
435     agricultural products.
436          (25) "Fleet" means one or more commercial vehicles.
437          (26) "Foreign vehicle" means a vehicle of a type required to be registered, brought into
438     this state from another state, territory, or country other than in the ordinary course of business
439     by or through a manufacturer or dealer, and not registered in this state.
440          (27) "Gross laden weight" means the actual weight of a vehicle or combination of
441     vehicles, equipped for operation, to which shall be added the maximum load to be carried.
442          (28) "Highway" or "street" means the entire width between property lines of every way
443     or place of whatever nature when any part of it is open to the public, as a matter of right, for
444     purposes of vehicular traffic.
445          (29) "Hybrid electric motor vehicle" means a motor vehicle that draws propulsion
446     energy from onboard sources of stored energy that are both:
447          (a) an internal combustion engine or heat engine using consumable fuel; and
448          (b) a rechargeable energy storage system where energy for the storage system comes
449     solely from sources onboard the vehicle.
450          (30) (a) "Identification number" means the identifying number assigned by the
451     manufacturer or by the division for the purpose of identifying the vehicle, vessel, or outboard
452     motor.
453          (b) "Identification number" includes a vehicle identification number, state assigned
454     identification number, hull identification number, and motor serial number.
455          (31) "Implement of husbandry" means a vehicle designed or adapted and used
456     exclusively for an agricultural operation and only incidentally operated or moved upon the
457     highways.
458          (32) (a) "In-state miles" means the total number of miles operated in this state during
459     the preceding year by fleet power units.

460          (b) If a fleet is composed entirely of trailers or semitrailers, "in-state miles" means the
461     total number of miles that those vehicles were towed on Utah highways during the preceding
462     year.
463          (33) "Interstate vehicle" means a commercial vehicle operated in more than one state,
464     province, territory, or possession of the United States or foreign country.
465          (34) "Jurisdiction" means a state, district, province, political subdivision, territory, or
466     possession of the United States or any foreign country.
467          (35) "Lienholder" means a person with a security interest in particular property.
468          (36) "Manufactured home" means a transportable factory built housing unit constructed
469     on or after June 15, 1976, according to the Federal Home Construction and Safety Standards
470     Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight body
471     feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more
472     square feet, and which is built on a permanent chassis and designed to be used as a dwelling
473     with or without a permanent foundation when connected to the required utilities, and includes
474     the plumbing, heating, air-conditioning, and electrical systems.
475          (37) "Manufacturer" means a person engaged in the business of constructing,
476     manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or
477     outboard motors for the purpose of sale or trade.
478          (38) "Mobile home" means a transportable factory built housing unit built prior to June
479     15, 1976, in accordance with a state mobile home code which existed prior to the Federal
480     Manufactured Housing and Safety Standards Act (HUD Code).
481          (39) "Motor fuel" means the same as that term is defined in Section 59-13-102.
482          (40) (a) "Motor vehicle" means a self-propelled vehicle intended primarily for use and
483     operation on the highways.
484          (b) "Motor vehicle" does not include:
485          (i) an off-highway vehicle; or
486          (ii) a motor assisted scooter as defined in Section 41-6a-102.
487          (41) "Motorboat" means the same as that term is defined in Section 73-18-2.
488          (42) "Motorcycle" means:
489          (a) a motor vehicle having a saddle for the use of the rider and designed to travel on not
490     more than three wheels in contact with the ground; or

491          (b) an autocycle.
492          (43) "Natural gas" means a fuel of which the primary constituent is methane.
493          (44) (a) "Nonresident" means a person who is not a resident of this state as defined by
494     Section 41-1a-202, and who does not engage in intrastate business within this state and does
495     not operate in that business any motor vehicle, trailer, or semitrailer within this state.
496          (b) A person who engages in intrastate business within this state and operates in that
497     business any motor vehicle, trailer, or semitrailer in this state or who, even though engaging in
498     interstate commerce, maintains a vehicle in this state as the home station of that vehicle is
499     considered a resident of this state, insofar as that vehicle is concerned in administering this
500     chapter.
501          (45) "Odometer" means a device for measuring and recording the actual distance a
502     vehicle travels while in operation, but does not include any auxiliary odometer designed to be
503     periodically reset.
504          (46) "Off-highway implement of husbandry" means the same as that term is defined in
505     Section 41-22-2.
506          (47) "Off-highway vehicle" means the same as that term is defined in Section 41-22-2.
507          (48) (a) "Operate" means:
508          (i) to navigate a vessel; or
509          (ii) collectively, the activities performed in order to perform the entire dynamic driving
510     task for a given motor vehicle by:
511          (A) a human driver as defined in Section 41-26-102.1; or
512          (B) an engaged automated driving system.
513          (b) "Operate" includes testing of an automated driving system.
514          (49) "Original issue license plate" means a license plate that is of a format and type
515     issued by the state in the same year as the model year of a vehicle that is a model year 1973 or
516     older.
517          [(49)] (50) "Outboard motor" means a detachable self-contained propulsion unit,
518     excluding fuel supply, used to propel a vessel.
519          [(50)] (51) (a) "Owner" means a person, other than a lienholder, holding title to a
520     vehicle, vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is
521     subject to a security interest.

522          (b) If a vehicle is the subject of an agreement for the conditional sale or installment
523     sale or mortgage of the vehicle with the right of purchase upon performance of the conditions
524     stated in the agreement and with an immediate right of possession vested in the conditional
525     vendee or mortgagor, or if the vehicle is the subject of a security agreement, then the
526     conditional vendee, mortgagor, or debtor is considered the owner for the purposes of this
527     chapter.
528          (c) If a vehicle is the subject of an agreement to lease, the lessor is considered the
529     owner until the lessee exercises the lessee's option to purchase the vehicle.
530          [(51)] (52) "Park model recreational vehicle" means a unit that:
531          (a) is designed and marketed as temporary living quarters for recreational, camping,
532     travel, or seasonal use;
533          (b) is not permanently affixed to real property for use as a permanent dwelling;
534          (c) requires a special highway movement permit for transit; and
535          (d) is built on a single chassis mounted on wheels with a gross trailer area not
536     exceeding 400 square feet in the setup mode.
537          [(52)] (53) "Personalized license plate" means a license plate that has displayed on it a
538     combination of letters, numbers, or both as requested by the owner of the vehicle and assigned
539     to the vehicle by the division.
540          [(53)] (54) (a) "Pickup truck" means a two-axle motor vehicle with motive power
541     manufactured, remanufactured, or materially altered to provide an open cargo area.
542          (b) "Pickup truck" includes a motor vehicle with the open cargo area covered with a
543     camper, camper shell, tarp, removable top, or similar structure.
544          [(54)] (55) "Plug-in hybrid electric motor vehicle" means a hybrid electric motor
545     vehicle that has the capability to charge the battery or batteries used for vehicle propulsion
546     from an off-vehicle electric source, such that the off-vehicle source cannot be connected to the
547     vehicle while the vehicle is in motion.
548          [(55)] (56) "Pneumatic tire" means a tire in which compressed air is designed to
549     support the load.
550          [(56)] (57) "Preceding year" means a period of 12 consecutive months fixed by the
551     division that is within 16 months immediately preceding the commencement of the registration
552     or license year in which proportional registration is sought. The division in fixing the period

553     shall conform it to the terms, conditions, and requirements of any applicable agreement or
554     arrangement for the proportional registration of vehicles.
555          [(57)] (58) "Public garage" means a building or other place where vehicles or vessels
556     are kept and stored and where a charge is made for the storage and keeping of vehicles and
557     vessels.
558          [(58)] (59) "Receipt of surrender of ownership documents" means the receipt of
559     surrender of ownership documents described in Section 41-1a-503.
560          [(59)] (60) "Reconstructed vehicle" means a vehicle of a type required to be registered
561     in this state that is materially altered from its original construction by the removal, addition, or
562     substitution of essential parts, new or used.
563          [(60)] (61) "Recreational vehicle" means the same as that term is defined in Section
564     13-14-102.
565          [(61)] (62) "Registration" means a document issued by a jurisdiction that allows
566     operation of a vehicle or vessel on the highways or waters of this state for the time period for
567     which the registration is valid and that is evidence of compliance with the registration
568     requirements of the jurisdiction.
569          (63) "Registration decal" means the decal issued by the division that is evidence of
570     compliance with the division's registration requirements.
571          [(62)] (64) (a) "Registration year" means a 12 consecutive month period commencing
572     with the completion of the applicable registration criteria.
573          (b) For administration of a multistate agreement for proportional registration the
574     division may prescribe a different 12-month period.
575          [(63)] (65) "Repair or replacement" means the restoration of vehicles, vessels, or
576     outboard motors to a sound working condition by substituting any inoperative part of the
577     vehicle, vessel, or outboard motor, or by correcting the inoperative part.
578          [(64)] (66) "Replica vehicle" means:
579          (a) a street rod that meets the requirements under Subsection 41-21-1(3)(a)(i)(B); or
580          (b) a custom vehicle that meets the requirements under Subsection
581     41-6a-1507(1)(a)(i)(B).
582          [(65)] (67) "Road tractor" means a motor vehicle designed and used for drawing other
583     vehicles and constructed so it does not carry any load either independently or any part of the

584     weight of a vehicle or load that is drawn.
585          [(66)] (68) "Sailboat" means the same as that term is defined in Section 73-18-2.
586          [(67)] (69) "Security interest" means an interest that is reserved or created by a security
587     agreement to secure the payment or performance of an obligation and that is valid against third
588     parties.
589          [(68)] (70) "Semitrailer" means a vehicle without motive power designed for carrying
590     persons or property and for being drawn by a motor vehicle and constructed so that some part
591     of its weight and its load rests or is carried by another vehicle.
592          [(69)] (71) "Special group license plate" means a type of license plate designed for a
593     particular group of people or a license plate authorized and issued by the division in accordance
594     with Section 41-1a-418 or Part 16, Special Group License Plates.
595          [(70)] (72) (a) "Special interest vehicle" means a vehicle used for general
596     transportation purposes and that is:
597          (i) 20 years or older from the current year; or
598          (ii) a make or model of motor vehicle recognized by the division director as having
599     unique interest or historic value.
600          (b) In making a determination under Subsection [(70)] (72)(a), the division director
601     shall give special consideration to:
602          (i) a make of motor vehicle that is no longer manufactured;
603          (ii) a make or model of motor vehicle produced in limited or token quantities;
604          (iii) a make or model of motor vehicle produced as an experimental vehicle or one
605     designed exclusively for educational purposes or museum display; or
606          (iv) a motor vehicle of any age or make that has not been substantially altered or
607     modified from original specifications of the manufacturer and because of its significance is
608     being collected, preserved, restored, maintained, or operated by a collector or hobbyist as a
609     leisure pursuit.
610          [(71)] (73) (a) "Special mobile equipment" means a vehicle:
611          (i) not designed or used primarily for the transportation of persons or property;
612          (ii) not designed to operate in traffic; and
613          (iii) only incidentally operated or moved over the highways.
614          (b) "Special mobile equipment" includes:

615          (i) farm tractors;
616          (ii) off-road motorized construction or maintenance equipment including backhoes,
617     bulldozers, compactors, graders, loaders, road rollers, tractors, and trenchers; and
618          (iii) ditch-digging apparatus.
619          (c) "Special mobile equipment" does not include a commercial vehicle as defined
620     under Section 72-9-102.
621          [(72)] (74) "Specially constructed vehicle" means a vehicle of a type required to be
622     registered in this state, not originally constructed under a distinctive name, make, model, or
623     type by a generally recognized manufacturer of vehicles, and not materially altered from its
624     original construction.
625          (75) "Standard license plate" means a license plate for general issue described in
626     Subsection 41-1a-402(1).
627          [(73)] (76) "State impound yard" means a yard for the storage of a vehicle, vessel, or
628     outboard motor that meets the requirements of rules made by the commission pursuant to
629     Subsection 41-1a-1101(5).
630          (77) "Symbol decal" means the decal that is designed to represent a special group and
631     displayed on a special group license plate.
632          [(74)] (78) "Title" means the right to or ownership of a vehicle, vessel, or outboard
633     motor.
634          [(75)] (79) (a) "Total fleet miles" means the total number of miles operated in all
635     jurisdictions during the preceding year by power units.
636          (b) If fleets are composed entirely of trailers or semitrailers, "total fleet miles" means
637     the number of miles that those vehicles were towed on the highways of all jurisdictions during
638     the preceding year.
639          [(76)] (80) "Trailer" means a vehicle without motive power designed for carrying
640     persons or property and for being drawn by a motor vehicle and constructed so that no part of
641     its weight rests upon the towing vehicle.
642          [(77)] (81) "Transferee" means a person to whom the ownership of property is
643     conveyed by sale, gift, or any other means except by the creation of a security interest.
644          [(78)] (82) "Transferor" means a person who transfers the person's ownership in
645     property by sale, gift, or any other means except by creation of a security interest.

646          [(79)] (83) "Travel trailer," "camping trailer," or "fifth wheel trailer" means a portable
647     vehicle without motive power, designed as a temporary dwelling for travel, recreational, or
648     vacation use that does not require a special highway movement permit when drawn by a
649     self-propelled motor vehicle.
650          [(80)] (84) "Truck tractor" means a motor vehicle designed and used primarily for
651     drawing other vehicles and not constructed to carry a load other than a part of the weight of the
652     vehicle and load that is drawn.
653          [(81)] (85) "Vehicle" includes a motor vehicle, trailer, semitrailer, off-highway vehicle,
654     camper, park model recreational vehicle, manufactured home, and mobile home.
655          [(82)] (86) "Vessel" means the same as that term is defined in Section 73-18-2.
656          [(83)] (87) "Vintage vehicle" means the same as that term is defined in Section
657     41-21-1.
658          [(84)] (88) "Waters of this state" means the same as that term is defined in Section
659     73-18-2.
660          [(85)] (89) "Weighmaster" means a person, association of persons, or corporation
661     permitted to weigh vehicles under this chapter.
662          Section 11. Section 41-1a-222 is amended to read:
663          41-1a-222. Application for multiyear registration -- Payment of taxes -- Penalties.
664          (1) The owner of any intrastate fleet of commercial vehicles which is based in the state
665     may apply to the commission for registration in accordance with this section.
666          (a) The application shall be made on a form prescribed by the commission.
667          (b) Upon payment of required fees and meeting other requirements prescribed by the
668     commission, the division shall issue, to each vehicle for which application has been made, a
669     multiyear license plate and registration card.
670          (i) The [license plate] registration decal and the registration card shall bear an
671     expiration date fixed by the division and are valid until ownership of the vehicle to which they
672     are issued is transferred by the applicant or until the expiration date, whichever comes first.
673          (ii) An annual renewal application must be made by the owner if registration
674     identification has been issued on an annual installment fee basis and the required fees must be
675     paid on an annual basis.
676          (iii) License plates and registration cards issued pursuant to this section are valid for an

677     eight-year period, commencing with the year of initial application in this state.
678          (c) When application for registration or renewal is made on an installment payment
679     basis, the applicant shall submit acceptable evidence of a surety bond in a form, and with a
680     surety, approved by the commission and in an amount equal to the total annual fees required
681     for all vehicles registered to the applicant in accordance with this section.
682          (2) Each vehicle registered as part of a fleet of commercial vehicles must be titled in
683     the name of the fleet.
684          (3) Each owner who registers fleets pursuant to this section shall pay the taxes or in
685     lieu fees otherwise due pursuant to:
686          (a) Section 41-1a-206;
687          (b) Section 41-1a-207;
688          (c) Subsection 41-1a-301(12);
689          (d) Section 59-2-405.1;
690          (e) Section 59-2-405.2; or
691          (f) Section 59-2-405.3.
692          (4) An owner who fails to comply with the provisions of this section is subject to the
693     penalties in Section 41-1a-1301 and, if the commission so determines, will result in the loss of
694     the privileges granted in this section.
695          Section 12. Section 41-1a-226 is amended to read:
696          41-1a-226. Vintage vehicle -- Signed statement -- Registration.
697          (1) The owner of a vintage vehicle who applies for registration under this part shall
698     provide a signed statement that the vintage vehicle:
699          (a) is owned and operated for the purposes described in Section 41-21-1; and
700          (b) is safe to operate on the highways of this state as described in Section 41-21-4.
701          (2) [The] Except as provided in Subsection 41-6a-1642(14), the signed statement
702     described in Subsection (1) is in lieu of an emissions inspection, from which a vintage vehicle
703     is exempt under Subsection 41-6a-1642(4).
704          Section 13. Section 41-1a-401 is amended to read:
705          41-1a-401. License plates -- Number of plates -- Reflectorization -- Indicia of
706     registration in lieu of or used with plates.
707          (1) (a) Except as provided in Subsection (1)(c), the division upon registering a vehicle

708     shall issue to the owner:
709          (i) one license plate for a motorcycle, trailer, or semitrailer;
710          (ii) one registration decal for a park model recreational vehicle, in lieu of a license
711     plate, which shall be attached in plain sight to the rear of the park model recreational vehicle;
712          (iii) one registration decal for a camper, in lieu of a license plate, which shall be
713     attached in plain sight to the rear of the camper; and
714          (iv) two identical license plates for every other vehicle.
715          (b) The license plate or registration decal issued under Subsection (1)(a) is for the
716     particular vehicle registered and may not be removed during the term for which the license
717     plate or registration decal is issued or used upon any other vehicle than the registered vehicle.
718          (c) (i) Notwithstanding Subsections (1)(a) and (b) and except as provided in Subsection
719     (1)(c)(ii), the division, upon registering a motor vehicle that has been sold, traded, or the
720     ownership of which has been otherwise released, shall transfer the license plate issued to the
721     person applying to register the vehicle if:
722          (A) the previous registered owner has included the license plate as part of the sale,
723     trade, or ownership release; and
724          (B) the person applying to register the vehicle applies to transfer the license plate to the
725     new registered owner of the vehicle.
726          (ii) The division may not transfer a personalized or special group license plate to a new
727     registered owner under this Subsection (1)(c) if the new registered owner does not meet the
728     qualification or eligibility requirements for that personalized or special group license plate
729     under [Sections 41-1a-410 through 41-1a-422] this part or Part 16, Special Group License
730     Plates.
731          (2) The division may receive applications for registration renewal, renew registration,
732     and issue new license plates or registration decals at any time prior to the expiration of
733     registration.
734          (3) (a) (i) All license plates to be manufactured and issued by the division shall be
735     treated with a fully reflective material on the plate face that provides effective and dependable
736     reflective brightness during the service period of the license plate.
737          (ii) For a historical support special group license plate created under this part, the
738     division shall procure reflective material to satisfy the requirement under Subsection (3)(a)(i)

739     as soon as such material is available at a reasonable cost.
740          (b) The division shall prescribe all license plate material specifications and establish
741     and implement procedures for conforming to the specifications.
742          (c) The specifications for the materials used such as the aluminum plate substrate, the
743     reflective sheeting, and glue shall be drawn in a manner so that at least two manufacturers may
744     qualify as suppliers.
745          (d) The granting of contracts for the materials shall be by public bid.
746          (4) (a) The commission may issue, adopt, and require the use of indicia of registration
747     it considers advisable in lieu of or in conjunction with license plates as provided in this part.
748          (b) All provisions of this part relative to license plates apply to these indicia of
749     registration, so far as the provisions are applicable.
750          (5) A violation of this section is an infraction.
751          Section 14. Section 41-1a-402 is repealed and reenacted to read:
752          41-1a-402. Standard license plates -- Required colors, numerals, and letters --
753     Expiration.
754          (1) (a) Upon registering a vehicle, the division shall issue to the owner a standard
755     license plate described in Subsection (1)(b) unless the division issues to the owner:
756          (i) a special group license plate in accordance with Section 41-1a-418; or
757          (ii) an apportioned vehicle license plate in accordance with Section 41-1a-301.
758          (b) The division may offer up to four standard license plate options at one time, each
759     with a different design as follows:
760          (i) two designs that incorporate one or more elements that represent the state's
761     economy or geography;
762          (ii) one design that represents the state's values or culture; and
763          (iii) one design that commemorates a current event relevant to the state or a significant
764     anniversary of a historic event relevant to the state.
765          (c) The division shall offer:
766          (i) each design described in Subsection (1)(b)(i) or (ii) for at least a 10-year period; and
767          (ii) each design described in Subsection (1)(b)(iii) for no more than a five-year period.
768          (d) The division may not offer more than four standard license plate designs at any one
769     time.

770          (2) Before the division offers a design described in Subsection (1)(b), the Governor's
771     office shall:
772          (a) consult with the Utah Department of Cultural and Community Engagement
773     regarding the proposed design;
774          (b) identify which current standard license plate design will be replaced by the
775     proposed design; and
776          (c) submit to the Transportation Interim Committee a request for the Legislature to
777     approve the proposed design by concurrent resolution.
778          (3) The division may issue a new standard license plate design only if:
779          (a) the Legislature has by concurrent resolution approved the standard license plate
780     design; and
781          (b) sufficient funds are appropriated for the initial costs of production.
782          (4) (a) Except as provided in Subsection (4)(b), the division may not order or produce a
783     standard license plate that is discontinued under this section.
784          (b) The division may issue a discontinued standard license plate until the division
785     exhausts the discontinued standard license plate's remaining stock.
786          (5) Each license plate shall have displayed on it:
787          (a) the registration number assigned to the vehicle for which the license plate is issued;
788          (b) the name of the state; and
789          (c) unless exempted by Section 41-1a-301 or 41-1a-407, a registration decal showing
790     the date of expiration displayed in accordance with Subsection (8).
791          (6) If registration is extended by affixing a registration decal to the license plate, the
792     expiration date of the registration decal governs the expiration date of the license plate.
793          (7) (a) Except as provided under Subsection 41-1a-215(2) and Section 41-1a-216,
794     license plates shall be renewed annually.
795          (b) (i) The division shall issue the vehicle owner a month registration decal and a year
796     registration decal upon the vehicle's first registration with the division.
797          (ii) The division shall issue the vehicle owner only a year registration decal upon
798     subsequent renewals of registration to validate registration renewal.
799          (8) Except as otherwise provided by rule:
800          (a) the month registration decal issued in accordance with Subsection (7) shall be

801     displayed on the license plate in the left position; and
802          (b) the year registration decal issued in accordance with Subsection (7) shall be
803     displayed on the license plate in the right position.
804          (9) The current year registration decal issued in accordance with Subsection (7) shall
805     be placed over or in place of the previous year registration decal.
806          (10) If a license plate, month registration decal, or year registration decal is lost or
807     destroyed, a replacement shall be issued upon application and payment of the fees required
808     under Section 41-1a-1211 or 41-1a-1212.
809          (11) (a) A violation of this section is an infraction.
810          (b) A court shall waive a fine for a violation under this section if:
811          (i) the registration for the vehicle was current at the time of the citation; and
812          (ii) the person to whom the citation was issued provides, within 21 business days,
813     evidence that the license plate and registration decals are properly displayed in compliance with
814     this section.
815          (12) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
816     the division may make rules regarding the placement and positioning of registration decals on
817     license plates issued by the division.
818          Section 15. Section 41-1a-410 is amended to read:
819          41-1a-410. Eligibility for personalized plates.
820          (1) [A] Subject to Subsection 41-1a-411(4), a person who is the registered owner of a
821     vehicle not subject to registration under Section 41-1a-301, registered with the division, or who
822     applies for an original registration of a vehicle not subject to registration under Section
823     41-1a-301, may upon payment of the fee prescribed in Section 41-1a-1211 apply to the division
824     for personalized license plates.
825          (2) Application shall be made in accordance with Section 41-1a-411.
826          (3) The personalized plates shall be affixed to the vehicle for which registration is
827     sought in lieu of the regular license plates.
828          (4) Personalized license plates shall be issued only to the registered owner of the
829     vehicle on which they are to be displayed.
830          Section 16. Section 41-1a-411 is amended to read:
831          41-1a-411. Application for personalized plates -- Refusal authorized.

832          (1) [An] Subject to Subsection (4), an applicant for personalized license plates or
833     renewal of the plates shall file an application for the plates in the form and by the date the
834     division requires, indicating the combination of letters, numbers, or both requested as a
835     registration number.
836          (2) (a) Except as provided in Subsection (3) and subject to Subsection (4), the division
837     may refuse to issue any combination of letters, numbers, or both that:
838          (i) may carry connotations offensive to good taste and decency or that would be
839     misleading; or
840          (ii) disparages a group based on:
841          (A) race;
842          (B) color;
843          (C) national origin;
844          (D) religion;
845          (E) age;
846          (F) sex;
847          (G) gender identity;
848          (H) sexual orientation;
849          (I) citizenship status; or
850          (J) physical or mental disability.
851          (b) [The] Subject to Subsection (4), the division may refuse to issue a combination of
852     letters, numbers, or both as a registration number if that same combination is already in use as a
853     registration number on an existing license plate.
854          (3) (a) Except as provided in Subsection (2) or (3)(b), and subject to Subsection (4) the
855     division may not refuse a combination of letters, numbers, or both as a registration number if:
856          (i) the license plate is [an honor] a state agency recognition special group license plate
857     [as described in Section 41-1a-421] as defined in Section 41-1a-1601 for a military veteran,
858     and the combination of letters, numbers, or both refers to:
859          (A) a year related to military service;
860          (B) a military branch; or
861          (C) an official achievement, badge, or honor received for military service; or
862          (ii) the combination of letters, numbers, or both as a registration number refers to an

863     official state symbol described in Section 63G-1-601.
864          (b) [If] Subject to Subsection (4), if an applicant requests a combination containing
865     only numbers, the division may refuse the combination if the combination includes less than
866     four numerical digits.
867          (4) (a) Beginning July 1, 2022, the division may not accept an application for a
868     personalized plate under this section.
869          (b) On or before October 1 of each year, the Transportation Interim Committee shall
870     study personalized license plate programs in other states including:
871          (i) information on relevant court cases and rulings involving other state's personalized
872     license plate programs;
873          (ii) if available, other state responses to legal challenges to that state's personalized
874     license plate program; and
875          (iii) recommendations regarding Utah's personalized license plate program, including:
876          (A) reinstating the personalized license plate program;
877          (B) continuing the moratorium; or
878          (C) modifying or repealing the personalized license plate program.
879          Section 17. Section 41-1a-416 is amended to read:
880          41-1a-416. Original issue license plates -- Alternative stickers -- Rulemaking.
881          (1) The owner of a motor vehicle that is a model year 1973 or older may apply to the
882     division for permission to display an original issue license plate [of a format and type issued by
883     the state in the same year as the model year of the vehicle].
884          [(2) The owner of a motor vehicle who desires to display original issue license plates
885     instead of license plates issued under Section 41-1a-401 shall:]
886          (2) An owner described in Subsection (1) shall:
887          (a) complete an application on a form provided by the division;
888          [(b) supply and submit the original license plates that the owner desires to display to
889     the division for approval; and]
890          (b) supply and submit to the division for approval the original issue license plate that
891     the owner intends to display on the motor vehicle; and
892          (c) pay the fees prescribed in Sections 41-1a-1206 and 41-1a-1211.
893          (3) [The division, prior to approval of an application under this section,] Before

894     approving an application under this section, the division shall determine that the original issue
895     license [plates] plate:
896          (a) [are] is of a format and type issued by the state for use on a motor vehicle [in this
897     state];
898          (b) [have] has numbers and characters that are unique and do not conflict with existing
899     license plate series in this state;
900          (c) [are] is legible, durable, and otherwise in a condition that serves the purposes of this
901     chapter[, except that original issue license plates are exempt from the provision of Section
902     41-1a-401 regarding reflectorization and Section 41-1a-403 regarding legibility from 100 feet];
903     and
904          (d) [are] is from the same year of issue as the model year of the motor vehicle on which
905     [they are] the original issue license plate is to be displayed.
906          (4) (a) [An] Except as provided in this section, the owner of a motor vehicle displaying
907     an original issue license [plates] plate approved under this section is not exempt from any
908     [other requirement of] requirement described in this chapter [except as specified under this
909     section].
910          (b) An original issue license plate approved under this section is exempt from:
911          (i) the provisions of Section 41-1a-401 regarding reflectorization; and
912          (ii) Section 41-1a-403.
913          (5) (a) [An owner of a motor vehicle currently registered in this state whose original
914     issue license plates are not approved by the division because of the requirement in Subsection
915     (3)(b)] A registered owner whose original issue license plate does not meet the requirement
916     described in Subsection (3)(b) may apply to the division for a sticker to allow the temporary
917     display of the original issue license [plates] plate if:
918          (i) the [plates otherwise comply] license plate otherwise complies with this section;
919          (ii) the [plates are] license plate is only displayed when the motor vehicle is used for
920     participating in motor vehicle club activities, exhibitions, tours, parades, and similar activities
921     [and are not used for general daily transportation];
922          (iii) the license [plates] plate and registration issued under this chapter for normal use
923     of the motor vehicle for general daily transportation on the highways of this state are kept in the
924     motor vehicle and shown to a peace officer on request; and

925          (iv) the sticker issued by the division under this subsection is properly affixed to the
926     face of the original issue license plate.
927          (b) The sticker issued under this section shall be the size and form customarily
928     furnished by the division.
929          (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
930     division may make rules for the implementation of this section.
931          Section 18. Section 41-1a-418 is repealed and reenacted to read:
932          41-1a-418. Authorized special group license plates.
933          (1) In accordance with this chapter, the division shall issue to an eligible applicant a
934     special group license plate in one of the following categories:
935          (a) a disability special group license plate issued in accordance with Section 41-1a-420;
936          (b) a special group license plate issued for:
937          (i) a vintage vehicle; or
938          (ii) a farm truck; or
939          (c) a special group license plate described in Section 41-1a-1602.
940          (2) The division may not issue a new type of special group license plate or symbol
941     decal unless the division receives:
942          (a) a private donation for the start-up fee established under Section 63J-1-504 for the
943     production and administrative costs of providing the new special group license plate or symbol
944     decal; or
945          (b) a legislative appropriation for the start-up fee described in Subsection (2)(a).
946          (3) Notwithstanding other provisions of this chapter, the division may not require a
947     contribution as defined in Section 41-1a-1601 for a special group license plate described in
948     Subsection (1)(a) or (b).
949          Section 19. Section 41-1a-419 is amended to read:
950          41-1a-419. Plate design -- Vintage vehicle certification and registration --
951     Personalized special group license plates -- Rulemaking.
952          [(1) (a) The design and maximum number of numerals or characters on special group
953     license plates shall be determined by the division in accordance with the requirements under
954     Subsection (1)(b).]
955          (1) (a) In accordance with Subsection (1)(b), the division shall determine the design

956     and number of numerals or characters on a special group license plate.
957          (b) (i) Except as provided in Subsection (1)(b)(ii), each special group license plate
958     shall display:
959          (A) the word Utah;
960          (B) the name or identifying slogan of the special group;
961          (C) a symbol decal not exceeding two positions in size representing the special group;
962     and
963          (D) the combination of letters, numbers, or both uniquely identifying the registered
964     vehicle.
965          (ii) The division, in consultation with the Utah State Historical Society, shall design
966     the historical support special group license plate, which shall:
967          (A) have a black background;
968          (B) have white characters; and
969          (C) display the word Utah.
970          (2) (a) The division shall, after consultation with a representative designated by the
971     [special group] sponsoring organization as defined in Section 41-1a-1601, specify the word or
972     words comprising the special group name and the symbol decal to be displayed upon the
973     special group license [plates] plate.
974          (b) A special group license plate symbol decal may not be redesigned:
975          (i) unless the division receives a redesign fee established by the division under Section
976     63J-1-504; and
977          (ii) more frequently than every five years.
978          (c) [(i) Except as provided in Subsection (2)(c)(ii), a] A special group license plate
979     symbol decal may not be reordered unless the division receives a symbol decal reorder fee
980     established by the division [under] in accordance with Section 63J-1-504.
981          [(ii) A recognition special group license plate symbol decal for a currently employed,
982     volunteer, or retired firefighter issued in accordance with Subsection 41-1a-418(1)(d)(v) that is
983     reordered on or after July 1, 2007, but on or before June 30, 2008, is exempt from the symbol
984     decal reorder fee authorized under Subsection (2)(c)(i).]
985          (3) The license plates issued for horseless carriages prior to July 1, 1992, are valid
986     without renewal as long as the vehicle is owned by the registered owner and the license plates

987     may not be recalled by the division.
988          [(4) A person who meets the criteria established under Sections 41-1a-418 through
989     41-1a-422 for issuance of special group license plates may make application in the same
990     manner provided in Sections 41-1a-410 and 41-1a-411 for personalized special group license
991     plates.]
992          (4) A person who meets the requirements described in this part or Part 16, Special
993     Group License Plates, for a special group license plate may, in accordance with Sections
994     41-1a-410 and 41-1a-411, apply for a personalized special group license plate.
995          (5) [The] Subject to the provisions of this chapter, the commission shall make rules in
996     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
997          (a) establish qualifying criteria for persons to receive, renew, or surrender special group
998     license plates; and
999          (b) establish the [maximum] number of numerals or characters for special group
1000     license plates.
1001          Section 20. Section 41-1a-1201 is amended to read:
1002          41-1a-1201. Disposition of fees.
1003          (1) All fees received and collected under this part shall be transmitted daily to the state
1004     treasurer.
1005          (2) Except as provided in Subsections (3), (6), (7), (8), and (9) and Sections
1006     [41-1a-422,] 41-1a-1220, 41-1a-1221, [and] 41-1a-1223, and 41-1a-1603, all fees collected
1007     under this part shall be deposited [in] into the Transportation Fund.
1008          (3) Funds generated under Subsections 41-1a-1211(1)(b)(ii), (6)(b)(ii), and (7) and
1009     Section 41-1a-1212 may be used by the commission to cover the costs incurred in issuing
1010     license plates under Part 4, License Plates and Registration Indicia.
1011          (4) In accordance with Section 63J-1-602.2, all funds available to the commission for
1012     the purchase and distribution of license plates and decals are nonlapsing.
1013          (5) (a) Except as provided in Subsections (3) and (5)(b) and Section 41-1a-1205, the
1014     expenses of the commission in enforcing and administering this part shall be provided for by
1015     legislative appropriation from the revenues of the Transportation Fund.
1016          (b) Three dollars of the registration fees imposed under Subsections 41-1a-1206(2)(a)
1017     and (b) for each vehicle registered for a six-month registration period under Section

1018     41-1a-215.5 may be used by the commission to cover the costs incurred in enforcing and
1019     administering this part.
1020          (6) (a) The following portions of the registration fees imposed under Section
1021     41-1a-1206 for each vehicle shall be deposited in the Transportation Investment Fund of 2005
1022     created under Section 72-2-124:
1023          (i) $30 of the registration fees imposed under Subsections 41-1a-1206(1)(a), (1)(b),
1024     (1)(f), (4), and (7);
1025          (ii) $21 of the registration fees imposed under Subsections 41-1a-1206(1)(c)(i) and
1026     (1)(c)(ii);
1027          (iii) $2.50 of the registration fee imposed under Subsection 41-1a-1206(1)(e)(ii);
1028          (iv) $23 of the registration fee imposed under Subsection 41-1a-1206(1)(d)(i);
1029          (v) $24.50 of the registration fee imposed under Subsection 41-1a-1206(1)(e)(i); and
1030          (vi) $1 of the registration fee imposed under Subsection 41-1a-1206(1)(d)(ii).
1031          (b) The following portions of the registration fees collected for each vehicle registered
1032     for a six-month registration period under Section 41-1a-215.5 shall be deposited in the
1033     Transportation Investment Fund of 2005 created by Section 72-2-124:
1034          (i) $23.25 of each registration fee collected under Subsection 41-1a-1206(2)(a)(i); and
1035          (ii) $23 of each registration fee collected under Subsection 41-1a-1206(2)(a)(ii).
1036          (7) (a) Ninety-four cents of each registration fee imposed under Subsections
1037     41-1a-1206(1)(a) and (b) for each vehicle shall be deposited in the Public Safety Restricted
1038     Account created in Section 53-3-106.
1039          (b) Seventy-one cents of each registration fee imposed under Subsections
1040     41-1a-1206(2)(a) and (b) for each vehicle registered for a six-month registration period under
1041     Section 41-1a-215.5 shall be deposited in the Public Safety Restricted Account created in
1042     Section 53-3-106.
1043          (8) (a) One dollar of each registration fee imposed under Subsections 41-1a-1206(1)(a)
1044     and (b) for each vehicle shall be deposited into the Motor Vehicle Safety Impact Restricted
1045     Account created in Section 53-8-214.
1046          (b) One dollar of each registration fee imposed under Subsections 41-1a-1206(2)(a)
1047     and (b) for each vehicle registered for a six-month registration period under Section
1048     41-1a-215.5 shall be deposited into the Motor Vehicle Safety Impact Restricted Account

1049     created in Section 53-8-214.
1050          (9) Fifty cents of each registration fee imposed under Subsection 41-1a-1206(1)(a) for
1051     each motorcycle shall be deposited [in] into the Spinal Cord and Brain Injury Rehabilitation
1052     Fund created in Section 26-54-102.
1053          Section 21. Section 41-1a-1204 is amended to read:
1054          41-1a-1204. Automobile driver education fee -- Amount -- When paid --
1055     Exception.
1056          (1) Each year there is levied and shall be paid to the commission the automobile driver
1057     education fee.
1058          (2) (a) Except as provided in Subsections (2)(b) and (c), the fee is $2.50 upon each
1059     motor vehicle to be registered for a one-year registration period.
1060          (b) The fee is $2.00 upon each motor vehicle to be registered under Section
1061     41-1a-215.5 for a six-month registration period.
1062          (c) The following registrations are exempt from the fee in Subsection (2)(a) or (b):
1063          (i) a motorcycle registration; and
1064          (ii) a registration of a vehicle with a Purple Heart special group license plate issued [in
1065     accordance with Section 41-1a-421.]:
1066          (A) on or before December 31, 2022; or
1067          (B) in accordance with Part 16, Special Group License Plates.
1068          Section 22. Section 41-1a-1206 is amended to read:
1069          41-1a-1206. Registration fees -- Fees by gross laden weight.
1070          (1) Except as provided in Subsections (2) and (3), at the time application is made for
1071     registration or renewal of registration of a vehicle or combination of vehicles under this
1072     chapter, a registration fee shall be paid to the division as follows:
1073          (a) $46.00 for each motorcycle;
1074          (b) $44 for each motor vehicle of 12,000 pounds or less gross laden weight, excluding
1075     motorcycles;
1076          (c) unless the semitrailer or trailer is exempt from registration under Section 41-1a-202
1077     or is registered under Section 41-1a-301:
1078          (i) $31 for each trailer or semitrailer over 750 pounds gross unladen weight; or
1079          (ii) $28.50 for each commercial trailer or commercial semitrailer of 750 pounds or less

1080     gross unladen weight;
1081          (d) (i) $53 for each farm truck over 12,000 pounds, but not exceeding 14,000 pounds
1082     gross laden weight; plus
1083          (ii) $9 for each 2,000 pounds over 14,000 pounds gross laden weight;
1084          (e) (i) $69.50 for each motor vehicle or combination of motor vehicles, excluding farm
1085     trucks, over 12,000 pounds, but not exceeding 14,000 pounds gross laden weight; plus
1086          (ii) $19 for each 2,000 pounds over 14,000 pounds gross laden weight;
1087          (f) (i) $69.50 for each park model recreational vehicle over 12,000 pounds, but not
1088     exceeding 14,000 pounds gross laden weight; plus
1089          (ii) $19 for each 2,000 pounds over 14,000 pounds gross laden weight;
1090          (g) $45 for each vintage vehicle that is less than 40 years old; and
1091          (h) in addition to the fee described in Subsection (1)(b):
1092          (i) for each electric motor vehicle:
1093          (A) $90 during calendar year 2020; and
1094          (B) $120 beginning January 1, 2021, and thereafter;
1095          (ii) for each hybrid electric motor vehicle:
1096          (A) $15 during calendar year 2020; and
1097          (B) $20 beginning January 1, 2021, and thereafter;
1098          (iii) for each plug-in hybrid electric motor vehicle:
1099          (A) $39 during calendar year 2020; and
1100          (B) $52 beginning January 1, 2021, and thereafter; and
1101          (iv) for any motor vehicle not described in Subsections (1)(h)(i) through (iii) that is
1102     fueled exclusively by a source other than motor fuel, diesel fuel, natural gas, or propane:
1103          (A) $90 during calendar year 2020; and
1104          (B) $120 beginning January 1, 2021, and thereafter.
1105          (2) (a) At the time application is made for registration or renewal of registration of a
1106     vehicle under this chapter for a six-month registration period under Section 41-1a-215.5, a
1107     registration fee shall be paid to the division as follows:
1108          (i) $34.50 for each motorcycle; and
1109          (ii) $33.50 for each motor vehicle of 12,000 pounds or less gross laden weight,
1110     excluding motorcycles.

1111          (b) In addition to the fee described in Subsection (2)(a)(ii), for registration or renewal
1112     of registration of a vehicle under this chapter for a six-month registration period under Section
1113     41-1a-215.5 a registration fee shall be paid to the division as follows:
1114          (i) for each electric motor vehicle:
1115          (A) $69.75 during calendar year 2020; and
1116          (B) $93 beginning January 1, 2021, and thereafter;
1117          (ii) for each hybrid electric motor vehicle:
1118          (A) $11.25 during calendar year 2020; and
1119          (B) $15 beginning January 1, 2021, and thereafter;
1120          (iii) for each plug-in hybrid electric motor vehicle:
1121          (A) $30 during calendar year 2020; and
1122          (B) $40 beginning January 1, 2021, and thereafter; and
1123          (iv) for each motor vehicle not described in Subsections (2)(b)(i) through (iii) that is
1124     fueled by a source other than motor fuel, diesel fuel, natural gas, or propane:
1125          (A) $69.75 during calendar year 2020; and
1126          (B) $93 beginning January 1, 2021, and thereafter.
1127          (3) (a) (i) Beginning on January 1, 2019, the commission shall, on January 1, annually
1128     adjust the registration fees described in Subsections (1)(a), (1)(b), (1)(c)(i), (1)(c)(ii), (1)(d)(i),
1129     (1)(e)(i), (1)(f)(i), (1)(g), (2)(a), (4)(a), and (7), by taking the registration fee rate for the
1130     previous year and adding an amount equal to the greater of:
1131          (A) an amount calculated by multiplying the registration fee of the previous year by the
1132     actual percentage change during the previous fiscal year in the Consumer Price Index; and
1133          (B) 0.
1134          (ii) Beginning on January 1, 2022, the commission shall, on January 1, annually adjust
1135     the registration fees described in Subsections (1)(h)(i)(B), (1)(h)(ii)(B), (1)(h)(iii)(B),
1136     (1)(h)(iv)(B), (2)(b)(i)(B), (2)(b)(ii)(B), (2)(b)(iii)(B), and (2)(b)(iv)(B) by taking the
1137     registration fee rate for the previous year and adding an amount equal to the greater of:
1138          (A) an amount calculated by multiplying the registration fee of the previous year by the
1139     actual percentage change during the previous fiscal year in the Consumer Price Index; and
1140          (B) 0.
1141          (b) The amounts calculated as described in Subsection (3)(a) shall be rounded up to the

1142     nearest 25 cents.
1143          (4) (a) The initial registration fee for a vintage vehicle that is 40 years old or older is
1144     $40.
1145          (b) A vintage vehicle that is 40 years old or older is exempt from the renewal of
1146     registration fees under Subsection (1).
1147          (c) A vehicle with a Purple Heart special group license plate issued [in accordance with
1148     Section 41-1a-421] on or before December 31, 2022, or issued in accordance with Part 16,
1149     Special Group License Plates, is exempt from the registration fees under Subsection (1).
1150          (d) A camper is exempt from the registration fees under Subsection (1).
1151          (5) If a motor vehicle is operated in combination with a semitrailer or trailer, each
1152     motor vehicle shall register for the total gross laden weight of all units of the combination if the
1153     total gross laden weight of the combination exceeds 12,000 pounds.
1154          (6) (a) Registration fee categories under this section are based on the gross laden
1155     weight declared in the licensee's application for registration.
1156          (b) Gross laden weight shall be computed in units of 2,000 pounds. A fractional part
1157     of 2,000 pounds is a full unit.
1158          (7) The owner of a commercial trailer or commercial semitrailer may, as an alternative
1159     to registering under Subsection (1)(c), apply for and obtain a special registration and license
1160     plate for a fee of $130.
1161          (8) Except as provided in Section 41-6a-1642, a truck may not be registered as a farm
1162     truck unless:
1163          (a) the truck meets the definition of a farm truck under Section 41-1a-102; and
1164          (b) (i) the truck has a gross vehicle weight rating of more than 12,000 pounds; or
1165          (ii) the truck has a gross vehicle weight rating of 12,000 pounds or less and the owner
1166     submits to the division a certificate of emissions inspection or a waiver in compliance with
1167     Section 41-6a-1642.
1168          (9) A violation of Subsection (8) is an infraction that shall be punished by a fine of not
1169     less than $200.
1170          (10) Trucks used exclusively to pump cement, bore wells, or perform crane services
1171     with a crane lift capacity of five or more tons, are exempt from 50% of the amount of the fees
1172     required for those vehicles under this section.

1173          Section 23. Section 41-1a-1211 is amended to read:
1174          41-1a-1211. License plate fees -- Application fees for issuance and renewal of
1175     personalized and special group license plates -- Replacement fee for license plates --
1176     Postage fees.
1177          (1) (a) Except as provided in Subsections (11), (12), (13), and (14), a license plate fee
1178     established in accordance with Section 63J-1-504 shall be paid to the division for the issuance
1179     of any new license plate under Part 4, License Plates and Registration Indicia.
1180          (b) The license plate fee shall be deposited as follows:
1181          (i) $1 in the Transportation Fund; and
1182          (ii) the remainder of the fee charged under Subsection (1)(a), as provided in Section
1183     41-1a-1201.
1184          (2) An applicant for original issuance of personalized license plates issued under
1185     Section 41-1a-410 shall pay a $50 per set license plate application fee in addition to the fee
1186     required in Subsection (1).
1187          (3) Beginning July 1, 2003, a person who applies for a special group license plate shall
1188     pay a $5 fee for the original set of license plates in addition to the fee required under
1189     Subsection (1).
1190          (4) An applicant for original issuance of personalized special group license plates shall
1191     pay the license plate application fees required in Subsection (2) in addition to the license plate
1192     fees and license plate application fees established under Subsections (1) and (3).
1193          (5) An applicant for renewal of personalized license plates issued under Section
1194     41-1a-410 shall pay a $10 per set application fee.
1195          (6) (a) The division may charge a fee established under Section 63J-1-504 to recover
1196     the costs for the replacement of any license plate issued under Part 4, License Plates and
1197     Registration Indicia.
1198          (b) The license plate fee shall be deposited as follows:
1199          (i) $1 in the Transportation Fund; and
1200          (ii) the remainder of the fee charged under Subsection (6)(a), as provided in Section
1201     41-1a-1201.
1202          (7) The division may charge a fee established under Section 63J-1-504 to recover [its]
1203     the division's costs for the replacement of [decals] a symbol decal issued under Section

1204     41-1a-418.
1205          (8) The division may charge a fee established under Section 63J-1-504 to recover the
1206     cost of issuing stickers under Section 41-1a-416.
1207          (9) In addition to any other fees required by this section, the division shall assess a fee
1208     established under Section 63J-1-504 to cover postage expenses if new or replacement license
1209     plates are mailed to the applicant.
1210          (10) The fees required under this section are separate from and in addition to
1211     registration fees required under Section 41-1a-1206.
1212          (11) (a) An applicant for a license plate issued under Section 41-1a-407 is not subject
1213     to the license plate fee under Subsection (1).
1214          (b) An applicant for a Purple Heart special group license plate issued [in accordance
1215     with Section 41-1a-421] on or before December 31, 2022, or issued in accordance with Part 16,
1216     Special Group License Plates, is exempt from the fees under Subsections (1), (3), and (7).
1217          (12) A person is exempt from the fee under Subsection (1) or (6) if the person:
1218          (a) was issued a clean fuel special group license plate in accordance with Section
1219     41-1a-418 prior to the effective date of rules made by the Department of Transportation under
1220     Subsection 41-6a-702(5)(b);
1221          (b) beginning on the effective date of rules made by the Department of Transportation
1222     authorized under Subsection 41-6a-702(5)(b), is no longer eligible for a clean fuel special
1223     group license plate under the rules made by the Department of Transportation; and
1224          (c) upon renewal or reissuance, is required to replace the clean fuel special group
1225     license plate with a new license plate.
1226          [(13) Until June 30, 2011, a person is exempt from the license plate fee under
1227     Subsection (1) or (6) if the person:]
1228          [(a) was issued a firefighter recognition special group license plate in accordance with
1229     Section 41-1a-418 prior to July 1, 2009;]
1230          [(b) upon renewal of the person's vehicle registration on or after July 1, 2009, is not a
1231     contributor to the Firefighter Support Restricted Account as required under Section 41-1a-418;
1232     and]
1233          [(c) is required to replace the firefighter special group license plate with a new license
1234     plate in accordance with Section 41-1a-418.]

1235          [(14) A person is not subject to the license plate fee under Subsection (1) if the person
1236     presents official documentation that the person is a recipient of the Purple Heart Award
1237     issued:]
1238          [(a) by a recognized association representing peace officers who:]
1239          [(i) receives a salary from a federal, state, county, or municipal government or any
1240     subdivision of the state; and]
1241          [(ii) works in the state; or]
1242          [(b) in accordance with Subsection 41-1a-421(2).]
1243          (13) An individual is exempt from the license plate fee under Subsection (1) if the
1244     individual presents official documentation that the individual is a recipient of the Purple Heart
1245     Award in one of the following forms:
1246          (a) official documentation issued by a recognized association representing peace
1247     officers who:
1248          (i) receive a salary from a federal, state, county, or municipal government or any other
1249     subdivision of the state; and
1250          (ii) works in the state;
1251          (b) a membership card in the Military Order of the Purple Heart; or
1252          (c) an original or certificate in lieu of the applicant's military discharge form, DD-214,
1253     issued by the National Personnel Records Center.
1254          Section 24. Section 41-1a-1212 is amended to read:
1255          41-1a-1212. Fee for replacement of license plate decals.
1256          A fee established in accordance with Section 63J-1-504 shall be paid to the division for
1257     the replacement of a license plate registration decal required by Section 41-1a-402 or a
1258     registration decal required by Section 41-1a-401.
1259          Section 25. Section 41-1a-1218 is amended to read:
1260          41-1a-1218. Uninsured motorist identification fee for tracking motor vehicle
1261     insurance -- Exemption -- Deposit.
1262          (1) (a) Except as provided in Subsections (1)(b) and (c), at the time application is made
1263     for registration or renewal of registration of a motor vehicle under this chapter, the applicant
1264     shall pay an uninsured motorist identification fee of $1 on each motor vehicle.
1265          (b) Except as provided in Subsection (1)(c), at the time application is made for

1266     registration or renewal of registration of a motor vehicle for a six-month registration period
1267     under Section 41-1a-215.5, the applicant shall pay an uninsured motorist identification fee of
1268     75 cents on each motor vehicle.
1269          (c) The following are exempt from the fee required under Subsection (1)(a) or (b):
1270          (i) a commercial vehicle registered as part of a fleet under Section 41-1a-222 or
1271     Section 41-1a-301;
1272          (ii) a motor vehicle that is exempt from the registration fee under Section 41-1a-1209
1273     or Subsection 41-1a-419(3); and
1274          (iii) a motor vehicle with a Purple Heart special group license plate issued [in
1275     accordance with Section 41-1a-421.]:
1276          (A) on or before December 31, 2022; or
1277          (B) in accordance with Part 16, Special Group License Plates.
1278          (2) The revenue generated under this section shall be deposited in the Uninsured
1279     Motorist Identification Restricted Account created in Section 41-12a-806.
1280          Section 26. Section 41-1a-1222 is amended to read:
1281          41-1a-1222. Local option highway construction and transportation corridor
1282     preservation fee -- Exemptions -- Deposit -- Transfer -- County ordinance -- Notice.
1283          (1) As used in this section:
1284          (a) "Metro township" means the same as that term is defined in Section 10-2a-403.
1285          (b) "Unincorporated" means the same as that term is defined in Section 10-1-104.
1286          (2) (a) (i) Except as provided in Subsection (2)(a)(ii), a county legislative body may
1287     impose a local option highway construction and transportation corridor preservation fee of up
1288     to $10 on each motor vehicle registration within the county.
1289          (ii) A county legislative body may impose a local option highway construction and
1290     transportation corridor preservation fee of up to $7.75 on each motor vehicle registration for a
1291     six-month registration period under Section 41-1a-215.5 within the county.
1292          (iii) A fee imposed under Subsection (2)(a)(i) or (ii) shall be set in whole dollar
1293     increments.
1294          (b) If imposed under Subsection (2)(a), at the time application is made for registration
1295     or renewal of registration of a motor vehicle under this chapter, the applicant shall pay the local
1296     option highway construction and transportation corridor preservation fee established by the

1297     county legislative body.
1298          (c) The following are exempt from the fee required under Subsection (2)(a):
1299          (i) a motor vehicle that is exempt from the registration fee under Section 41-1a-1209 or
1300     Subsection 41-1a-419(3);
1301          (ii) a commercial vehicle with an apportioned registration under Section 41-1a-301;
1302     and
1303          (iii) a motor vehicle with a Purple Heart special group license plate issued [in
1304     accordance with Section 41-1a-421.]:
1305          (A) on or before December 31, 2022; or
1306          (B) in accordance with Part 16, Special Group License Plates.
1307          (3) (a) Except as provided in Subsection (3)(b), the revenue generated under this
1308     section shall be:
1309          (i) deposited in the Local Highway and Transportation Corridor Preservation Fund
1310     created in Section 72-2-117.5;
1311          (ii) credited to the county from which it is generated; and
1312          (iii) used and distributed in accordance with Section 72-2-117.5.
1313          (b) The revenue generated by a fee imposed under this section in a county of the first
1314     class shall be deposited or transferred as follows:
1315          (i) 50% of the revenue shall be:
1316          (A) deposited in the County of the First Class Highway Projects Fund created in
1317     Section 72-2-121; and
1318          (B) used in accordance with Section 72-2-121;
1319          (ii) 30% of the revenue shall be deposited, credited, and used as provided in Subsection
1320     (3)(a); and
1321          (iii) 20% of the revenue shall be transferred to the legislative body of a county of the
1322     first class.
1323          (4) Beginning in a fiscal year beginning on or after July 1, 2023, and for 15 years
1324     thereafter, the legislative body of the county of the first class shall annually transfer, from the
1325     revenue transferred to the legislative body of a county of the first class as described in
1326     Subsection (3)(b)(iii):
1327          (a) $300,000 to Kearns township; and

1328          (b) $225,000 to Magna township.
1329          (5) To impose or change the amount of a fee under this section, the county legislative
1330     body shall pass an ordinance:
1331          (a) approving the fee;
1332          (b) setting the amount of the fee; and
1333          (c) providing an effective date for the fee as provided in Subsection (6).
1334          (6) (a) If a county legislative body enacts, changes, or repeals a fee under this section,
1335     the enactment, change, or repeal shall take effect on July 1 if the commission receives notice
1336     meeting the requirements of Subsection (6)(b) from the county prior to April 1.
1337          (b) The notice described in Subsection (6)(a) shall:
1338          (i) state that the county will enact, change, or repeal a fee under this part;
1339          (ii) include a copy of the ordinance imposing the fee; and
1340          (iii) if the county enacts or changes the fee under this section, state the amount of the
1341     fee.
1342          Section 27. Section 41-1a-1305 is amended to read:
1343          41-1a-1305. License plate and registration card violations -- Class C
1344     misdemeanor.
1345          It is a class C misdemeanor:
1346          (1) to break, injure, interfere with, or remove from any vehicle any seal, lock, or device
1347     on it for holding or displaying any license plate or registration card attached for denoting
1348     registration and identity of the vehicle;
1349          (2) to remove from any registered vehicle the license plate or registration card issued or
1350     attached to it for its registration;
1351          (3) to place or display any license plate or registration card upon any other vehicle than
1352     the one for which it was issued by the division;
1353          (4) to use or permit the use or display of any license plate, registration card, or permit
1354     upon or in the operation of any vehicle other than that for which it was issued;
1355          (5) to operate upon any highway of this state any vehicle required by law to be
1356     registered without having the license plate or plates securely attached, except that the
1357     registration card issued by the division to all trailers and semitrailers shall be carried in the
1358     towing vehicle;

1359          (6) for any weighmaster to knowingly make any false entry in his record of weights of
1360     vehicles subject to registration or to knowingly report to the commission or division any false
1361     information regarding the weights;
1362          (7) for any inspector, officer, agent, employee, or other person performing any of the
1363     functions required for the registration or operation of vehicles subject to registration, to do,
1364     permit, cause, connive at, or permit to be done any act with the intent, or knowledge that the
1365     probable effect of the act would be to injure any person, deprive him of his property, or to
1366     injure or defraud the state with respect to its revenues relating to title or registration of
1367     vehicles;
1368          (8) for any person to combine or conspire with another to do, attempt to do, or cause or
1369     allow any of the acts in this chapter classified as a misdemeanor;
1370          (9) to operate any motor vehicle with a camper mounted on it upon any highway
1371     without displaying a current registration decal in clear sight upon the rear of the camper, issued
1372     by the county assessor of the county in which the camper has situs for taxation;
1373          (10) to manufacture, use, display, or sell any facsimile or reproduction of any license
1374     plate issued by the division or any article that would appear to be a substitute for a license
1375     plate; or
1376          (11) to fail to return to the division any registration card, license plate or plates,
1377     registration decal, permit, or title that has been canceled, suspended, voided, or revoked.
1378          Section 28. Section 41-1a-1601 is enacted to read:
1379     
Part 16. Special Group License Plates

1380          41-1a-1601. Definitions.
1381          As used in this part:
1382          (1) "Applicant" means a registered owner who submits an application to obtain or
1383     renew a special group license plate in accordance with this part.
1384          (2) "Charitable purpose" means:
1385          (a) relief of the poor, the distressed, or the underprivileged;
1386          (b) advancement of religion;
1387          (c) advancement of education or science;
1388          (d) erecting or maintaining a public building, monument, or work;
1389          (e) reducing the burdens of government;

1390          (f) reducing neighborhood tensions;
1391          (g) eliminating prejudice and discrimination;
1392          (h) defending human rights and civil rights secured by law; or
1393          (i) combating community deterioration and juvenile delinquency.
1394          (3) "Collegiate special group license plate" means a special group license plate issued
1395     to a contributor to an institution.
1396          (4) "Contributor" means an applicant who contributes the required contribution to a
1397     sponsoring organization for a special group license plate.
1398          (5) "Existing special group license plate" means a special group license plate that the
1399     division issues before January 1, 2023.
1400          (6) "Institution" means:
1401          (a) a state institution of higher education as defined in Section 53B-3-102; or
1402          (b) a private institution of higher education in the state accredited by a regional or
1403     national accrediting agency recognized by the United State Department of Education.
1404          (7) "Private nonprofit organization" means a private nonprofit organization that:
1405          (a) qualifies as being tax exempt under Section 501(c)(3) of the Internal Revenue
1406     Code; and
1407          (b) has a charitable purpose.
1408          (8) "Private nonprofit special group license plate" means a special group license plate
1409     issued to a contributor to a private nonprofit organization.
1410          (9) "Required contribution" means:
1411          (a) the minimum annual contribution amount established under Subsection
1412     41-1a-1603(5)(a)(iii); or
1413          (b) if the sponsoring organization establishes a minimum annual contribution amount
1414     in accordance with Subsection 41-1a-1603(5)(b), the amount the sponsoring organization
1415     establishes.
1416          (10) "Special group license plate" means a license plate:
1417          (a) designed for and associated with a sponsoring organization; and
1418          (b) issued to an applicant in accordance with this part.
1419          (11) "Sponsoring organization" means an institution, a private nonprofit, or a state
1420     agency that is or seeks to be associated with a special group license plate created under this

1421     part.
1422          (12) "State agency recognition special group license plate" means a special group
1423     license plate issued to an applicant who:
1424          (a) has a special license, accomplishment, or honor related to a government purpose;
1425          (b) holds an elected office; or
1426          (c) is eligible for a special group license plate described in Subsection 41-1a-418(1)(a)
1427     or (b).
1428          (13) "State agency support special group license plate" means a special group license
1429     plate issued to a contributor to a state agency to support a specific state agency program.
1430          Section 29. Section 41-1a-1602 is enacted to read:
1431          41-1a-1602. Special group license plate program.
1432          (1) The division shall establish and administer a special group license plate program as
1433     described in this part.
1434          (2) The division shall issue to an applicant who satisfies the requirements of this part
1435     one of the following:
1436          (a) a collegiate special group license plate;
1437          (b) a private nonprofit special group license plate;
1438          (c) a state agency support special group license plate; or
1439          (d) a state agency recognition special group license plate.
1440          Section 30. Section 41-1a-1603 is enacted to read:
1441          41-1a-1603. Application Requirements -- Fees -- Contributions -- Rulemaking.
1442          (1) An applicant for a special group license plate shall submit to the division:
1443          (a) in a form and manner that the division prescribes, a complete application;
1444          (b) payment of the fee for the issuance of the special group license plate established
1445     under Subsection (5)(a)(i);
1446          (c) if required, the required contribution for the special group license plate; and
1447          (d) if the sponsoring organization elects to require verification as described in Section
1448     41-1a-1604, a verification form obtained from the sponsoring organization.
1449          (2) If a sponsoring organization requires a contribution for renewal, a registered owner
1450     of a vehicle with the sponsoring organization's special group license plate shall submit to the
1451     division the required contribution to renew the special group license plate.

1452          (3) (a) An applicant who wishes to obtain a new type of special group license plate may
1453     preorder the new type of special group license plate by:
1454          (i) submitting to the sponsoring organization associated with the new type of special
1455     group license plate a complete preorder form created by the division; and
1456          (ii) making the required contribution to the sponsoring organization.
1457          (b) After the division approves the sponsoring organization's request for the new type
1458     of special group license plate under Section 41-1a-1604, an applicant who submitted a preorder
1459     in accordance with Subsection (3)(a) may apply for the special group license plate in
1460     accordance with Subsection (1).
1461          (4) After the division issues a special group license plate or renewal decal, the division
1462     shall charge the sponsoring organization a fee for the division's management and administrative
1463     expenses incurred in issuing or renewing the special group license plate.
1464          (5) (a) The division shall, in accordance with Section 63J-1-504, establish:
1465          (i) the fee to charge an applicant for the division's costs of issuing or renewing a special
1466     group license plate or symbol decal;
1467          (ii) the fee to charge a sponsoring organization for the division's costs of designing and
1468     administering a new type of special group license plate; and
1469          (iii) subject to Subsection (5)(b), in an amount equal to at least $25, the minimum
1470     annual contribution amount an applicant is required to make to obtain or renew the sponsoring
1471     organization's special group license plate.
1472          (b) A sponsoring organization may establish a required annual contribution amount for
1473     the sponsoring organization's special group license plate that is greater than the amount
1474     established by the division under Subsection (5)(a)(iii).
1475          (6) An applicant's contribution is a voluntary contribution for funding the sponsoring
1476     organization's activities and not a motor vehicle registration fee.
1477          (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1478     commission may make rules to establish and administer the special group license plate
1479     program.
1480          Section 31. Section 41-1a-1604 is enacted to read:
1481          41-1a-1604. New special group license plates -- Eligibility criteria.
1482          (1) If a sponsoring organization satisfies the requirements of this part, the division shall

1483     approve an application for a new type of special group license plate and issue the special group
1484     license plate in accordance with this part.
1485          (2) Subject to the other provisions of this part, after a sponsoring organization receives
1486     500 complete preorder applications under Subsection 41-1a-1603(3) for a new type of special
1487     group license plate, the sponsoring organization shall submit to the division, in a form and
1488     manner the division prescribes:
1489          (a) a complete application requesting the new type of special group license plate that
1490     includes:
1491          (i) information about the sponsoring organization the division needs to process the
1492     request;
1493          (ii) contact information for an individual representing the sponsoring organization;
1494          (iii) account information to allow the division to disburse funds from required
1495     contributions the division collects through the special group license plate program to the
1496     sponsoring organization; and
1497          (iv) a link to a functional website described in Subsection (6)(c);
1498          (b) at least 500 complete preorder applications for the new type of special group
1499     license plate;
1500          (c) the fee for the cost of designing and administering the new type of special group
1501     license plate established under Subsection 41-1a-1603(5)(a)(ii); and
1502          (d) if the new type of special group license plate is a private nonprofit special group
1503     license plate:
1504          (i) a copy of the Internal Revenue Service letter approving the organization's Section
1505     501(c)(3) status;
1506          (ii) an affidavit signed under penalty of perjury declaring that the sponsoring
1507     organization has a charitable purpose; and
1508          (iii) an indication of the private nonprofit's charitable purpose described in Subsection
1509     41-1a-1601(2).
1510          (3) The division:
1511          (a) may share data collected under Subsection (2)(d)(iii) with the Legislature and the
1512     State Auditor;
1513          (b) may not use the information in Subsection (2)(d)(iii) in deciding whether to

1514     approve the sponsoring organization's application; and
1515          (c) is not required to evaluate the accuracy or veracity of information the private
1516     nonprofit organization provides under Subsection (2)(d).
1517          (4) Except as otherwise provided in this part, the division may not begin design work
1518     on or issue a new type of special group license plate unless the sponsoring organization
1519     satisfies the requirements of Subsection (2).
1520          (5) A sponsoring organization that is a state agency may request a state agency
1521     recognition special group license plate without meeting the minimum preorder requirements of
1522     Subsection (2)(b) if:
1523          (a) the governor certifies that there is a legitimate government operations purpose for
1524     issuing the special group license plate, and
1525          (b) through appropriation or any other source, funds are available to cover the startup
1526     and administrative costs of the special group license plate.
1527          (6) A sponsoring organization of a new type of special group license plate shall:
1528          (a) collect and hold each complete preorder application for the special group license
1529     plate until the sponsoring organization receives at least 500 complete preorder applications and
1530     the required contributions;
1531          (b) once the sponsoring organization receives at least 500 complete preorder
1532     applications and required contributions, submit to the division the preorder applications and the
1533     required fees described in Subsection 41-1a-1603(5)(a)(ii); and
1534          (c) once the division approves the sponsoring organization's application, maintain a
1535     functional website that:
1536          (i) explains how the sponsoring organization will use the required contributions in
1537     accordance with this part;
1538          (ii) if applicable, makes available the sponsoring organization's most recent Internal
1539     Revenue Service Form 990; and
1540          (iii) provides instructions for how to obtain a verification form if the sponsoring
1541     organization elects to require verification in accordance with Subsection (7).
1542          (7) (a) A sponsoring organization may establish eligibility requirements for the
1543     sponsoring organization's special group license plate.
1544          (b) If a sponsoring organization establishes eligibility requirements under this

1545     Subsection (7), the organization shall:
1546          (i) indicate that a verification form is required to request the sponsoring organization's
1547     special group license plate;
1548          (ii) establish a process for providing a verification form to an applicant; and
1549          (iii) provide a verification form prescribed by the division to an applicant.
1550          (8) The division shall begin issuing the new type of special group license plate no later
1551     than six months after the day on which the division receives the items described in Subsection
1552     (2).
1553          (9) The division may:
1554          (a) consider a request for a special group license plate for two or more military
1555     branches as a request for a single type of special group license plate for the purposes of meeting
1556     the eligibility criteria described in this section; and
1557          (b) charge an appropriate fee for ordering multiple symbol decals for each military
1558     branch.
1559          Section 32. Section 41-1a-1605 is enacted to read:
1560          41-1a-1605. Collegiate special group license plates.
1561          (1) A sponsoring organization that is an institution shall only use funds received
1562     through the special group license plate program for the institution's scholastic scholarships.
1563          (2) The state auditor may audit each institution to verify that the money an institution
1564     collects from contributors is used only for scholastic scholarships.
1565          Section 33. Section 41-1a-1606 is enacted to read:
1566          41-1a-1606. Private nonprofit special group license plates.
1567          (1) A sponsoring organization that is a private nonprofit organization shall:
1568          (a) only use funds received through the special group license plate program for the
1569     charitable purpose described in the private nonprofit organization's application submitted to the
1570     division under Section 41-1a-1603; and
1571          (b) may not use funds received through the special group license plate program to pay
1572     the private nonprofit organization's employee salaries or benefits, administrative costs, or
1573     fundraising expenses.
1574          (2) A private nonprofit organization may collect a contributor's personal information
1575     for the purposes of future fundraising and any required reporting, if the private nonprofit

1576     organization requires a verification form described in Subsection 41-1a-1604(7).
1577          (3) The state auditor may audit each private nonprofit organization to verify that the
1578     money the private nonprofit collects from contributors is used for the private nonprofit
1579     organization's charitable purpose in accordance with this part.
1580          Section 34. Section 41-1a-1607 is enacted to read:
1581          41-1a-1607. State agency special group license plates.
1582          The money collected from a state agency support special group license plate:
1583          (1) shall be used to support the implementation or administration of the state agency's
1584     designated program; and
1585          (2) may not be directed to a nongovernmental entity.
1586          Section 35. Section 41-1a-1608 is enacted to read:
1587          41-1a-1608. Review -- Discontinuance.
1588          (1) The division shall annually review each special group license plate to determine the
1589     number of registered vehicles with each type of special group license plate during the
1590     preceding calendar year.
1591          (2) (a) The division shall discontinue a type of special group license plate if for two
1592     consecutive calendar years, the division's annual review shows that fewer than 500 registered
1593     vehicles have that type of special group license plate.
1594          (b) The division shall discontinue a special group license plate under Subsection (2)(a)
1595     beginning January 1 of the calendar year following the year of the second annual review.
1596          (3) If the division discontinues a type of special group license plate in accordance with
1597     this section, the division may not reissue the special group license plate unless the sponsoring
1598     organization submits a request for a new type of special group license plate in accordance with
1599     Section 41-1a-1604.
1600          (4) (a) A registered owner to whom the division issued a special group license plate
1601     that the division discontinues in accordance with this section or Section 41-1a-1609 may
1602     continue to display the license plate upon renewing the motor vehicle's registration.
1603          (b) A registered owner described in Subsection (4)(a) is not required to pay a required
1604     contribution to the sponsoring organization associated with the special group license plate.
1605          (5) The division may not transfer a discontinued special group license plate to a new
1606     registered owner.

1607          (6) An existing special group license plate that is a state agency recognition license
1608     plate is exempt from the minimum registration requirement described in Subsection (2).
1609          Section 36. Section 41-1a-1609 is enacted to read:
1610          41-1a-1609. Transition of existing special group license plates.
1611          (1) Except as provided in this section, the division may not issue or renew an existing
1612     special group license plate on or after January 1, 2023.
1613          (2) The division may issue or renew an existing special group license plate if:
1614          (a) a sponsoring organization submits to the division a request to sponsor the special
1615     group license plate in accordance with Subsection 41-1a-1604(2), and
1616          (b) there are at least 500 registered vehicles with the existing special group license
1617     plate in each of the two calendar years immediately preceding January 1, 2023.
1618          (3) A private nonprofit may be a sponsoring organization of an existing special group
1619     license plate if the sponsoring organization received contributions related to the special group
1620     license plate on and after January 1, 2021.
1621          (4) If a sponsoring organization that is a state agency submits a request described in
1622     Subsection (2)(a), upon notice to the division, the sponsoring organization may transfer the
1623     special group license plate to a private nonprofit organization to sponsor the special group
1624     license plate as a private nonprofit special group license plate.
1625          (5) If the division discontinues an existing special group license plate in accordance
1626     with this section, the division may not reissue the special group license plate unless the
1627     sponsoring organization submits a request in accordance with Section 41-1a-1604.
1628          (6) If a state agency submits a request to sponsor one of the following existing special
1629     group license plates and meets the requirements of this part to reissue the special group license
1630     plate, the division shall reissue the following as a state agency recognition license plate:
1631          (a) a veteran special group license plate issued to:
1632          (i) a survivor of the Japanese attack on Pearl Harbor;
1633          (ii) a former prisoner of war;
1634          (iii) a recipient of a Purple Heart;
1635          (iv) a disabled veteran; or
1636          (v) a recipient of a gold star award issued by the United States Secretary of Defense;
1637          (b) a recognition special group license plate issued for:

1638          (i) a current member of the Legislature;
1639          (ii) a current member of the United States Congress;
1640          (iii) a current honorary consul designated by the United States Department of State;
1641          (iv) a current member of the National Guard;
1642          (v) an individual supporting the Utah Wing of the Civil Air Patrol;
1643          (vi) a licensed amateur radio operator;
1644          (vii) an emergency medical technician;
1645          (viii) an individual supporting commemoration and recognition of women's suffrage;
1646     or
1647          (ix) an individual supporting the recognition and continuation of the work and life of
1648     Dr. Martin Luther King, Jr.
1649          (7) If a private nonprofit organization submits a request to sponsor one of the following
1650     existing special group license plates and meets the requirements of this part to reissue the
1651     special group license plate, the division shall reissue as a private nonprofit special group
1652     license plate an existing special group license plate issued to:
1653          (a) a current member of a search and rescue team; or
1654          (b) a fraternal initiatic order recognition.
1655          (8) The special group license plate issued for a special interest vehicle:
1656          (a) is a state agency support license plate; and
1657          (b) shall comply with the requirements of this section.
1658          (9) (a) Subsection (2)(b) does not apply to:
1659          (i) an existing special group license plate that is a state agency recognition license
1660     plate; or
1661          (ii) a special group license plate described in Subsection (6) or (7).
1662          (b) The required contribution under this part does not apply to a special group license
1663     plate described in Subsection (6) or (7).
1664          (c) Subsection (3) does not apply to a special group license plate described in
1665     Subsection (7).
1666          (10) This section does not apply to a special group license plate described in
1667     Subsection 41-1a-418(1)(a) or (b).
1668          Section 37. Section 41-1a-1610 is enacted to read:

1669          41-1a-1610. Special group license plate fund.
1670          (1) As used in this section, "fund" means the Special Group License Plate Fund created
1671     in Subsection (2).
1672          (2) There is created an expendable special revenue fund known as the "Special Group
1673     License Plate Fund."
1674          (3) The fund consists of all required contributions the division collects under this part.
1675          (4) The division shall, at least annually, disburse to each sponsoring organization any
1676     money, less any fees or actual administrative costs associated with issuing a sponsoring
1677     organization's special group license plate, from the fund.
1678          Section 38. Section 41-6a-1642 is amended to read:
1679          41-6a-1642. Emissions inspection -- County program.
1680          (1) The legislative body of each county required under federal law to utilize a motor
1681     vehicle emissions inspection and maintenance program or in which an emissions inspection
1682     and maintenance program is necessary to attain or maintain any national ambient air quality
1683     standard shall require:
1684          (a) a certificate of emissions inspection, a waiver, or other evidence the motor vehicle
1685     is exempt from emissions inspection and maintenance program requirements be presented:
1686          (i) as a condition of registration or renewal of registration; and
1687          (ii) at other times as the county legislative body may require to enforce inspection
1688     requirements for individual motor vehicles, except that the county legislative body may not
1689     routinely require a certificate of emissions inspection, or waiver of the certificate, more often
1690     than required under Subsection (9); and
1691          (b) compliance with this section for a motor vehicle registered or principally operated
1692     in the county and owned by or being used by a department, division, instrumentality, agency, or
1693     employee of:
1694          (i) the federal government;
1695          (ii) the state and any of its agencies; or
1696          (iii) a political subdivision of the state, including school districts.
1697          (2) A vehicle owner subject to Subsection (1) shall obtain a motor vehicle emissions
1698     inspection and maintenance program certificate of emissions inspection as described in
1699     Subsection (1), but the program may not deny vehicle registration based solely on the presence

1700     of a defeat device covered in the Volkswagen partial consent decrees or a United States
1701     Environmental Protection Agency-approved vehicle modification in the following vehicles:
1702          (a) a 2.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide
1703     emissions are mitigated in the state pursuant to a partial consent decree, including:
1704          (i) Volkswagen Jetta, model years 2009, 2010, 2011, 2012, 2013, 2014, and 2015;
1705          (ii) Volkswagen Jetta Sportwagen, model years 2009, 2010, 2011, 2012, 2013, and
1706     2014;
1707          (iii) Volkswagen Golf, model years 2010, 2011, 2012, 2013, 2014, and 2015;
1708          (iv) Volkswagen Golf Sportwagen, model year 2015;
1709          (v) Volkswagen Passat, model years 2012, 2013, 2014, and 2015;
1710          (vi) Volkswagen Beetle, model years 2013, 2014, and 2015;
1711          (vii) Volkswagen Beetle Convertible, model years 2013, 2014, and 2015; and
1712          (viii) Audi A3, model years 2010, 2011, 2012, 2013, and 2015; and
1713          (b) a 3.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide
1714     emissions are mitigated in the state to a settlement, including:
1715          (i) Volkswagen Touareg, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015, and
1716     2016;
1717          (ii) Audi Q7, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015, and 2016;
1718          (iii) Audi A6 Quattro, model years 2014, 2015, and 2016;
1719          (iv) Audi A7 Quattro, model years 2014, 2015, and 2016;
1720          (v) Audi A8, model years 2014, 2015, and 2016;
1721          (vi) Audi A8L, model years 2014, 2015, and 2016;
1722          (vii) Audi Q5, model years 2014, 2015, and 2016; and
1723          (viii) Porsche Cayenne Diesel, model years 2013, 2014, 2015, and 2016.
1724          (3) (a) The legislative body of a county identified in Subsection (1), in consultation
1725     with the Air Quality Board created under Section 19-1-106, shall make regulations or
1726     ordinances regarding:
1727          (i) emissions standards;
1728          (ii) test procedures;
1729          (iii) inspections stations;
1730          (iv) repair requirements and dollar limits for correction of deficiencies; and

1731          (v) certificates of emissions inspections.
1732          (b) In accordance with Subsection (3)(a), a county legislative body:
1733          (i) shall make regulations or ordinances to attain or maintain ambient air quality
1734     standards in the county, consistent with the state implementation plan and federal
1735     requirements;
1736          (ii) may allow for a phase-in of the program by geographical area; and
1737          (iii) shall comply with the analyzer design and certification requirements contained in
1738     the state implementation plan prepared under Title 19, Chapter 2, Air Conservation Act.
1739          (c) The county legislative body and the Air Quality Board shall give preference to an
1740     inspection and maintenance program that:
1741          (i) is decentralized, to the extent the decentralized program will attain and maintain
1742     ambient air quality standards and meet federal requirements;
1743          (ii) is the most cost effective means to achieve and maintain the maximum benefit with
1744     regard to ambient air quality standards and to meet federal air quality requirements as related to
1745     vehicle emissions; and
1746          (iii) provides a reasonable phase-out period for replacement of air pollution emission
1747     testing equipment made obsolete by the program.
1748          (d) The provisions of Subsection (3)(c)(iii) apply only to the extent the phase-out:
1749          (i) may be accomplished in accordance with applicable federal requirements; and
1750          (ii) does not otherwise interfere with the attainment and maintenance of ambient air
1751     quality standards.
1752          (4) The following vehicles are exempt from an emissions inspection program and the
1753     provisions of this section:
1754          (a) an implement of husbandry as defined in Section 41-1a-102;
1755          (b) a motor vehicle that:
1756          (i) meets the definition of a farm truck under Section 41-1a-102; and
1757          (ii) has a gross vehicle weight rating of 12,001 pounds or more;
1758          (c) subject to Subsection (14), a vintage vehicle as defined in Section 41-21-1;
1759          (d) a custom vehicle as defined in Section 41-6a-1507;
1760          (e) to the extent allowed under the current federally approved state implementation
1761     plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401, et seq., a motor

1762     vehicle that is less than two years old on January 1 based on the age of the vehicle as
1763     determined by the model year identified by the manufacturer;
1764          (f) a pickup truck, as defined in Section 41-1a-102, with a gross vehicle weight rating
1765     of 12,000 pounds or less, if the registered owner of the pickup truck provides a signed
1766     statement to the legislative body stating the truck is used:
1767          (i) by the owner or operator of a farm located on property that qualifies as land in
1768     agricultural use under Sections 59-2-502 and 59-2-503; and
1769          (ii) exclusively for the following purposes in operating the farm:
1770          (A) for the transportation of farm products, including livestock and its products,
1771     poultry and its products, floricultural and horticultural products; and
1772          (B) in the transportation of farm supplies, including tile, fence, and every other thing or
1773     commodity used in agricultural, floricultural, horticultural, livestock, and poultry production
1774     and maintenance;
1775          (g) a motorcycle as defined in Section 41-1a-102;
1776          (h) an electric motor vehicle as defined in Section 41-1a-102; and
1777          (i) a motor vehicle with a model year of 1967 or older.
1778          (5) The county shall issue to the registered owner who signs and submits a signed
1779     statement under Subsection (4)(f) a certificate of exemption from emissions inspection
1780     requirements for purposes of registering the exempt vehicle.
1781          (6) A legislative body of a county described in Subsection (1) may exempt from an
1782     emissions inspection program a diesel-powered motor vehicle with a:
1783          (a) gross vehicle weight rating of more than 14,000 pounds; or
1784          (b) model year of 1997 or older.
1785          (7) The legislative body of a county required under federal law to utilize a motor
1786     vehicle emissions inspection program shall require:
1787          (a) a computerized emissions inspection for a diesel-powered motor vehicle that has:
1788          (i) a model year of 2007 or newer;
1789          (ii) a gross vehicle weight rating of 14,000 pounds or less; and
1790          (iii) a model year that is five years old or older; and
1791          (b) a visual inspection of emissions equipment for a diesel-powered motor vehicle:
1792          (i) with a gross vehicle weight rating of 14,000 pounds or less;

1793          (ii) that has a model year of 1998 or newer; and
1794          (iii) that has a model year that is five years old or older.
1795          (8) (a) Subject to Subsection (8)(c), the legislative body of each county required under
1796     federal law to utilize a motor vehicle emissions inspection and maintenance program or in
1797     which an emissions inspection and maintenance program is necessary to attain or maintain any
1798     national ambient air quality standard may require each college or university located in a county
1799     subject to this section to require its students and employees who park a motor vehicle not
1800     registered in a county subject to this section to provide proof of compliance with an emissions
1801     inspection accepted by the county legislative body if the motor vehicle is parked on the college
1802     or university campus or property.
1803          (b) College or university parking areas that are metered or for which payment is
1804     required per use are not subject to the requirements of this Subsection (8).
1805          (c) The legislative body of a county shall make the reasons for implementing the
1806     provisions of this Subsection (8) part of the record at the time that the county legislative body
1807     takes its official action to implement the provisions of this Subsection (8).
1808          (9) (a) An emissions inspection station shall issue a certificate of emissions inspection
1809     for each motor vehicle that meets the inspection and maintenance program requirements
1810     established in rules made under Subsection (3).
1811          (b) The frequency of the emissions inspection shall be determined based on the age of
1812     the vehicle as determined by model year and shall be required annually subject to the
1813     provisions of Subsection (9)(c).
1814          (c) (i) To the extent allowed under the current federally approved state implementation
1815     plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401 et seq., the legislative
1816     body of a county identified in Subsection (1) shall only require the emissions inspection every
1817     two years for each vehicle.
1818          (ii) The provisions of Subsection (9)(c)(i) apply only to a vehicle that is less than six
1819     years old on January 1.
1820          (iii) For a county required to implement a new vehicle emissions inspection and
1821     maintenance program on or after December 1, 2012, under Subsection (1), but for which no
1822     current federally approved state implementation plan exists, a vehicle shall be tested at a
1823     frequency determined by the county legislative body, in consultation with the Air Quality

1824     Board created under Section 19-1-106, that is necessary to comply with federal law or attain or
1825     maintain any national ambient air quality standard.
1826          (iv) If a county legislative body establishes or changes the frequency of a vehicle
1827     emissions inspection and maintenance program under Subsection (9)(c)(iii), the establishment
1828     or change shall take effect on January 1 if the State Tax Commission receives notice meeting
1829     the requirements of Subsection (9)(c)(v) from the county before October 1.
1830          (v) The notice described in Subsection (9)(c)(iv) shall:
1831          (A) state that the county will establish or change the frequency of the vehicle emissions
1832     inspection and maintenance program under this section;
1833          (B) include a copy of the ordinance establishing or changing the frequency; and
1834          (C) if the county establishes or changes the frequency under this section, state how
1835     frequently the emissions testing will be required.
1836          (d) If an emissions inspection is only required every two years for a vehicle under
1837     Subsection (9)(c), the inspection shall be required for the vehicle in:
1838          (i) odd-numbered years for vehicles with odd-numbered model years; or
1839          (ii) in even-numbered years for vehicles with even-numbered model years.
1840          (10) (a) Except as provided in Subsections (9)(b), (c), and (d), the emissions inspection
1841     required under this section may be made no more than two months before the renewal of
1842     registration.
1843          (b) (i) If the title of a used motor vehicle is being transferred, the owner may use an
1844     emissions inspection certificate issued for the motor vehicle during the previous 11 months to
1845     satisfy the requirement under this section.
1846          (ii) If the transferor is a licensed and bonded used motor vehicle dealer, the owner may
1847     use an emissions inspection certificate issued for the motor vehicle in a licensed and bonded
1848     motor vehicle dealer's name during the previous 11 months to satisfy the requirement under
1849     this section.
1850          (c) If the title of a leased vehicle is being transferred to the lessee of the vehicle, the
1851     lessee may use an emissions inspection certificate issued during the previous 11 months to
1852     satisfy the requirement under this section.
1853          (d) If the motor vehicle is part of a fleet of 101 or more vehicles, the owner may not
1854     use an emissions inspection made more than 11 months before the renewal of registration to

1855     satisfy the requirement under this section.
1856          (e) If the application for renewal of registration is for a six-month registration period
1857     under Section 41-1a-215.5, the owner may use an emissions inspection certificate issued during
1858     the previous eight months to satisfy the requirement under this section.
1859          (11) (a) A county identified in Subsection (1) shall collect information about and
1860     monitor the program.
1861          (b) A county identified in Subsection (1) shall supply this information to an appropriate
1862     legislative committee, as designated by the Legislative Management Committee, at times
1863     determined by the designated committee to identify program needs, including funding needs.
1864          (12) If approved by the county legislative body, a county that had an established
1865     emissions inspection fee as of January 1, 2002, may increase the established fee that an
1866     emissions inspection station may charge by $2.50 for each year that is exempted from
1867     emissions inspections under Subsection (9)(c) up to a $7.50 increase.
1868          (13) (a) Except as provided in Subsection 41-1a-1223(1)(c), a county identified in
1869     Subsection (1) may impose a local emissions compliance fee on each motor vehicle registration
1870     within the county in accordance with the procedures and requirements of Section 41-1a-1223.
1871          (b) A county that imposes a local emissions compliance fee may use revenues
1872     generated from the fee for the establishment and enforcement of an emissions inspection and
1873     maintenance program in accordance with the requirements of this section.
1874          (c) A county that imposes a local emissions compliance fee may use revenues
1875     generated from the fee to promote programs to maintain a local, state, or national ambient air
1876     quality standard.
1877          (14) A county legislative body described in Subsection (1) may require an emissions
1878     inspection of a vintage vehicle, as defined in Section 41-21-1, manufactured after 1968, if the
1879     county exempts from an emissions inspection a motor vehicle that is:
1880          (a) 20 years old or older; and
1881          (b) as determined by the county, driven less than 1,500 miles during the prior calendar
1882     year.
1883          Section 39. Section 53-1-118 is amended to read:
1884          53-1-118. Public Safety Honoring Heroes Restricted Account -- Creation --
1885     Funding -- Distribution of funds by the commissioner.

1886          (1) There is created in the General Fund a restricted account known as the Public
1887     Safety Honoring Heroes Restricted Account.
1888          (2) The account shall be funded by:
1889          [(a) contributions deposited into the Public Safety Honoring Heroes Restricted
1890     Account in accordance with Section 41-1a-422;]
1891          [(b)] (a) private contributions; and
1892          [(c)] (b) donations or grants from public or private entities.
1893          (3) The Legislature shall appropriate money in the account to the commissioner.
1894          (4) The commissioner shall distribute the funds to one or more charitable organizations
1895     that:
1896          (a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
1897     and
1898          (b) have as a primary part of their mission to support the families of fallen Utah
1899     Highway Patrol troopers and other Department of Public Safety employees.
1900          (5) The commissioner may only consider proposals that are:
1901          (a) proposed by a charitable organization under Subsection (4); and
1902          (b) designed to support families of fallen Utah Highway Patrol troopers and other
1903     Department of Public Safety employees.
1904          (6) (a) An organization described in Subsection (4) may apply to the commissioner to
1905     receive a distribution in accordance with Subsection (4).
1906          (b) An organization that receives a distribution from the commissioner in accordance
1907     with Subsection (4) shall expend the distribution only to support the families of fallen Utah
1908     Highway Patrol troopers and other Department of Public Safety employees.
1909          (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1910     commissioner shall make rules providing procedures for an organization to apply to receive
1911     funds under this section.
1912          Section 40. Section 53-1-120 is amended to read:
1913          53-1-120. Utah Law Enforcement Memorial Support Restricted Account --
1914     Creation -- Funding -- Distribution of funds by the commissioner.
1915          (1) There is created in the General Fund a restricted account known as the Utah Law
1916     Enforcement Memorial Support Restricted Account.

1917          (2) The account shall be funded by:
1918          [(a) contributions deposited into the Utah Law Enforcement Memorial Support
1919     Restricted Account in accordance with Section 41-1a-422;]
1920          [(b)] (a) private contributions; and
1921          [(c)] (b) donations or grants from public or private entities.
1922          (3) Subject to appropriations by the Legislature, money in the account may only be
1923     used by the commissioner for purposes described in this section.
1924          (4) Upon appropriation, the commissioner shall distribute the funds to one or more
1925     charitable organizations that:
1926          (a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
1927     and
1928          (b) have as a primary part of their mission to support the operation and maintenance of
1929     the Utah Law Enforcement Memorial.
1930          (5) The commissioner may only consider proposals that are:
1931          (a) proposed by a charitable organization described in Subsection (4); and
1932          (b) designed to support the operation and maintenance of the Utah Law Enforcement
1933     Memorial.
1934          (6) (a) An organization described in Subsection (4) may apply to the commissioner to
1935     receive a distribution in accordance with Subsection (4).
1936          (b) An organization that receives a distribution from the commissioner in accordance
1937     with Subsection (4) shall expend the distribution only to support the operation and maintenance
1938     of the Utah Law Enforcement Memorial.
1939          (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1940     commissioner shall make rules providing procedures for an organization to apply to receive
1941     funds under this section.
1942          Section 41. Section 53-7-109 is amended to read:
1943          53-7-109. Firefighter Support Restricted Account.
1944          (1) There is created in the General Fund the Firefighter Support Restricted Account.
1945          (2) The account shall be funded by[:(a) contributions deposited into the account in
1946     accordance with Section 41-1a-422; and (b)] donations or grants from public or private entities.
1947          (3) The Legislature shall appropriate funds in the account to the division.

1948          (4) The division shall distribute funds in the account to one or more charitable
1949     organizations that:
1950          (a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
1951          (b) provide firefighter education and training programs;
1952          (c) initiate and maintain active participation in all aspects of fire service;
1953          (d) maintain a fire history museum; and
1954          (e) represent over 2,000 active, inactive, retired, volunteer, or career firefighters
1955     throughout the state.
1956          (5) (a) An organization described in Subsection (4) may apply to the division to receive
1957     a distribution in accordance with Subsection (4).
1958          (b) An organization that receives a distribution from the division in accordance with
1959     Subsection (4) shall expend the distribution only to:
1960          (i) pay for firefighter education or training programs;
1961          (ii) pay for firefighter scholarship programs;
1962          (iii) pay the costs of maintaining a fire history museum;
1963          (iv) pay the costs of representing firefighter interests on a national and local level; and
1964          (v) pay for assistance with purchasing equipment or apparatuses used in firefighting.
1965          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1966     division may make rules providing procedures for an organization to apply to the division to
1967     receive a distribution under Subsection (4).
1968          Section 42. Section 53F-9-401 is amended to read:
1969          53F-9-401. Autism Awareness Restricted Account.
1970          (1) There is created in the General Fund a restricted account known as the "Autism
1971     Awareness Restricted Account."
1972          (2) The account shall be funded by:
1973          [(a) contributions deposited into the account in accordance with Section 41-1a-422 ;]
1974          [(b)] (a) private contributions; and
1975          [(c)] (b) donations or grants from public or private entities.
1976          (3) Upon appropriation by the Legislature, the state superintendent shall:
1977          (a) (i) ensure the inventory of Autism Awareness Support special group license plate
1978     decals are in stock; and

1979          (ii) transfer money to the State Tax Commission to pay for the group license plate as
1980     needed;
1981          (b) distribute funds in the account to one or more charitable organizations that:
1982          (i) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
1983          (ii) has as the organization's sole mission to promote access to resources and
1984     responsible information for individuals of all ages who have, or are affected by, autism or
1985     autism spectrum related conditions;
1986          (iii) is an independent organization that has representation from state agencies and
1987     private providers serving individuals with autism spectrum disorder and their families in the
1988     state;
1989          (iv) includes representation of:
1990          (A) national and local autism advocacy groups, as available; and
1991          (B) interested parents and professionals; and
1992          (v) does not endorse any specific treatment, therapy, or intervention used for autism.
1993          (4) (a) An organization described in Subsection (3) may apply to the state
1994     superintendent to receive a distribution in accordance with Subsection (3).
1995          (b) An organization that receives a distribution from the state superintendent in
1996     accordance with Subsection (3) shall expend the distribution only to:
1997          (i) pay for autism education and public awareness of programs and related services in
1998     the state;
1999          (ii) enhance programs designed to serve individuals with autism;
2000          (iii) provide support to caregivers providing services for individuals with autism;
2001          (iv) pay administrative costs of the organization; and
2002          (v) pay for academic scholarships and research efforts in the area of autism spectrum
2003     disorder.
2004          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2005     state board may make rules providing procedures for an organization to apply to the state
2006     superintendent to receive a distribution under Subsection (3).
2007          Section 43. Section 53F-9-403 is amended to read:
2008          53F-9-403. Kiwanis Education Support Fund.
2009          (1) There is created an expendable special revenue fund known as the "Kiwanis

2010     Education Support Fund."
2011          (2) The fund consists of:
2012          [(a) contributions deposited into the fund in accordance with Section 41-1a-422 ;]
2013          [(b)] (a) private contributions;
2014          [(c)] (b) donations or grants from public or private entities; and
2015          [(d)] (c) money appropriated to the fund by the Legislature.
2016          (3) Subject to Subsection 41-1a-418(2), the State Tax Commission:
2017          (a) shall expend money in the fund to pay the initial costs of ordering and issuing
2018     Kiwanis special group license plates; and
2019          (b) as needed, may expend money in the fund to pay the costs of reordering Kiwanis
2020     special group license plates and decals.
2021          [(4) On an annual basis, the State Tax Commission shall:]
2022          [(a) evaluate the fund's ability to cover the costs described in Subsection (3); and]
2023          [(b) based on the evaluation described in Subsection (4)(a), adjust the allocation of
2024     contributions described in Subsection (2)(a) deposited into the fund.]
2025          Section 44. Section 59-10-1319 is amended to read:
2026          59-10-1319. Contribution to Clean Air Fund.
2027          (1) (a) There is created an expendable special revenue fund known as the "Clean Air
2028     Fund."
2029          (b) The fund shall consist of all amounts deposited into the fund in accordance with
2030     Subsection (2).
2031          (2) (a) Except as provided in Section 59-10-1304, for a taxable year beginning on or
2032     after January 1, 2017, a resident or nonresident individual who files an individual income tax
2033     return under this chapter may designate on the resident or nonresident individual's individual
2034     income tax return a contribution as provided in this section to be:
2035          (i) deposited into the Clean Air Fund; and
2036          (ii) expended as provided in Subsection (3).
2037          (b) The fund shall also consist of amounts deposited into the fund through:
2038          [(i) contributions deposited into the account in accordance with Section 41-1a-422 ;]
2039          [(ii)] (i) private contributions; and
2040          [(iii)] (ii) donations or grants from public or private entities.

2041          (3) (a) At least once each year, the commission shall disburse from the Clean Air Fund
2042     all money deposited into the fund since the last disbursement.
2043          (b) The commission shall disburse money under Subsection (3)(a) to the Division of
2044     Air Quality for the purpose of:
2045          (i) providing money for grants to individuals or organizations in the state to fund
2046     activities intended to improve air quality in the state;
2047          (ii) enhancing programs designed to educate the public about the importance of air
2048     quality to the health, well-being, and livelihood of individuals in the state; and
2049          (iii) pay the costs of issuing or reordering Clean Air Support special group license plate
2050     decals.
2051          Section 45. Section 61-2-204 is amended to read:
2052          61-2-204. Utah Housing Opportunity Restricted Account.
2053          (1) For purposes of this section, "account" means the Utah Housing Opportunity
2054     Restricted Account created by this section.
2055          (2) There is created in the General Fund a restricted account known as the "Utah
2056     Housing Opportunity Restricted Account."
2057          (3) The account shall be funded by:
2058          [(a) contributions deposited into the account in accordance with Section 41-1a-422 ;]
2059          [(b)] (a) private contributions; and
2060          [(c)] (b) donations or grants from public or private entities.
2061          (4) (a) The state treasurer shall invest money in the account according to Title 51,
2062     Chapter 7, State Money Management Act.
2063          (b) The Division of Finance shall deposit interest or other earnings derived from
2064     investment of account money into the General Fund.
2065          (5) The Legislature shall appropriate money in the account to the division.
2066          (6) The division shall distribute the money in the account to one or more charitable
2067     organizations that:
2068          (a) are tax exempt under Section 501(c)(3), Internal Revenue Code; and
2069          (b) have as a primary part of their mission to provide support to organizations that
2070     create affordable housing for those in severe need.
2071          (7) The division may consider a proposal only if it is:

2072          (a) proposed by an organization described in Subsection (6); and
2073          (b) designed to provide support to organizations that create affordable housing for
2074     those in severe need.
2075          (8) (a) An organization described in Subsection (6) may apply to the division to receive
2076     a distribution in accordance with Subsection (6).
2077          (b) An organization that receives a distribution from the division in accordance with
2078     Subsection (6) shall expend the distribution only to provide support to organizations that create
2079     affordable housing for those in severe need.
2080          (9) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2081     division shall make rules providing procedures for an organization to apply to receive money
2082     under this section.
2083          Section 46. Section 62A-1-202 is amended to read:
2084          62A-1-202. National Professional Men's Basketball Team Support of Women and
2085     Children Issues Restricted Account.
2086          (1) There is created in the General Fund a restricted account known as the "National
2087     Professional Men's Basketball Team Support of Women and Children Issues Restricted
2088     Account."
2089          (2) The account shall be funded by:
2090          [(a) contributions deposited into the account in accordance with Section 41-1a-422 ;]
2091          [(b)] (a) private contributions; and
2092          [(c)] (b) donations or grants from public or private entities.
2093          (3) Upon appropriation by the Legislature, the department shall distribute funds in the
2094     account to one or more charitable organizations that:
2095          (a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
2096          (b) are selected by the owners that, either on an individual or joint basis, own a
2097     controlling interest in a legal entity that is a franchised member of the internationally
2098     recognized national governing body for professional men's basketball in the United States;
2099          (c) are headquartered within the state;
2100          (d) create or support programs that focus on issues affecting women and children
2101     within the state, with an emphasis on health and education; and
2102          (e) have a board of directors that disperses all funds of the organization.

2103          (4) (a) An organization described in Subsection (3) may apply to the department to
2104     receive a distribution in accordance with Subsection (3).
2105          (b) An organization that receives a distribution from the department in accordance with
2106     Subsection (3) shall expend the distribution only to:
2107          (i) create or support programs that focus on issues affecting women and children, with
2108     an emphasis on health and education;
2109          (ii) create or sponsor programs that will benefit residents within the state; and
2110          (iii) pay the costs of issuing or reordering National Professional Men's Basketball
2111     Team Support of Women and Children Issues support special group license plate decals.
2112          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2113     department may make rules providing procedures for an organization to apply to the
2114     department to receive a distribution under this Subsection (4).
2115          (5) In accordance with Section 63J-1-602.1, appropriations from the account are
2116     nonlapsing.
2117          Section 47. Section 62A-4a-608 is amended to read:
2118          62A-4a-608. Choose Life Adoption Support Restricted Account.
2119          (1) There is created in the General Fund the "Choose Life Adoption Support Restricted
2120     Account."
2121          (2) The account shall be funded by:
2122          [(a) contributions deposited into the Choose Life Adoption Support Restricted Account
2123     in accordance with Section 41-1a-422;]
2124          [(b)] (a) appropriations to the account by the Legislature;
2125          [(c)] (b) private contributions; and
2126          [(d)] (c) donations or grants from public or private entities.
2127          (3) The Legislature shall appropriate money in the account to the division.
2128          (4) The division shall distribute the funds in the account to one or more charitable
2129     organizations that:
2130          (a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
2131          (b) have as part of their primary mission the support, promotion, and education of
2132     adoption programs; and
2133          (c) are licensed or registered to do business within the state in accordance with state

2134     law.
2135          (5) (a) An organization described in Subsection (4) may apply to the division to receive
2136     a distribution in accordance with Subsection (4).
2137          (b) An organization that receives a distribution from the division in accordance with
2138     Subsection (4) shall expend the distribution only to:
2139          (i) produce and distribute educational and promotional materials on adoption;
2140          (ii) conduct educational courses on adoption; and
2141          (iii) provide other programs that support adoption.
2142          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2143     division may make rules providing procedures and requirements for an organization to apply to
2144     the division to receive a distribution under Subsection (4).
2145          Section 48. Section 63G-26-103 is amended to read:
2146          63G-26-103. Protection of personal information.
2147          (1) Except as provided in Subsections (2), (3), and (5), a public agency may not:
2148          (a) require an individual to provide the public agency with personal information or
2149     otherwise compel the release of personal information;
2150          (b) require an entity exempt from federal income tax under Section 501(c) of the
2151     Internal Revenue Code to provide the public agency with personal information or compel the
2152     entity to release personal information;
2153          (c) release, publicize, or otherwise publicly disclose personal information in possession
2154     of a public agency; or
2155          (d) request or require a current or prospective contractor or grantee of the public
2156     agency to provide the public agency with a list of entities exempt from federal income tax
2157     under Section 501(c) of the Internal Revenue Code to which the contractor or grantee has
2158     provided financial or nonfinancial support.
2159          (2) Subsection (1) does not apply to:
2160          (a) a disclosure of personal information required under Title 20A, Election Code, Title
2161     36, Chapter 11, Lobbyist Disclosure and Regulation Act, or any other legal requirement
2162     relating to reporting campaign contributions, campaign expenditures, lobbying disclosures, or
2163     lobbying expenditures;
2164          (b) a disclosure of personal information expressly required by law;

2165          (c) a disclosure of personal information voluntarily made:
2166          (i) as part of public comment or in a public meeting; or
2167          (ii) in another manner that is publicly accessible;
2168          (d) a disclosure of personal information pursuant to a warrant or court order issued by a
2169     court of competent jurisdiction;
2170          (e) a lawful request for discovery of personal information in litigation or a criminal
2171     proceeding;
2172          (f) the use of personal information in a legal proceeding;
2173          (g) a public agency sharing personal information with another public agency in
2174     accordance with the requirements of law; or
2175          (h) a nonprofit created under Title 11, Chapter 13a, Governmental Nonprofit
2176     Corporations Act.
2177          (3) Subsections (1)(a), (b), and (d) do not apply to:
2178          (a) administration or enforcement of Title 13, Chapter 11, Utah Consumer Sales
2179     Practices Act, or Title 13, Chapter 22, Charitable Solicitations Act;
2180          (b) the request or use of personal information necessary to the State Tax Commission's
2181     administration of tax or motor vehicle laws; or
2182          (c) access to personal information by the Office of the Legislative Auditor General or
2183     the state auditor's office to conduct an audit.
2184          (4) A court shall consider whether to:
2185          (a) limit a request for discovery of personal information; or
2186          (b) issue a protective order in relation to the disclosure of personal information
2187     obtained or used in relation to a legal proceeding.
2188          (5) Subsection (1) does not apply to disclosure of a contributor[, as defined in Section
2189     41-1a-422,] to a sponsoring organization [described in Subsection 41-1a-422(3)], as those
2190     terms are defined in Section 41-1a-1601.
2191          Section 49. Section 63I-1-263 is amended to read:
2192          63I-1-263. Repeal dates, Titles 63A to 63N.
2193          (1) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
2194          (a) Section 63A-16-102 is repealed;
2195          (b) Section 63A-16-201 is repealed; and

2196          (c) Section 63A-16-202 is repealed.
2197          (2) Subsection 63A-5b-405(5), relating to prioritizing and allocating capital
2198     improvement funding, is repealed July 1, 2024.
2199          (3) Section 63A-5b-1003, State Facility Energy Efficiency Fund, is repealed July 1,
2200     2023.
2201          (4) Sections 63A-9-301 and 63A-9-302, related to the Motor Vehicle Review
2202     Committee, are repealed July 1, 2023.
2203          (5) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
2204     1, 2028.
2205          (6) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
2206     2025.
2207          (7) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
2208     2024.
2209          (8) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
2210     repealed July 1, 2023.
2211          (9) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
2212     July 1, 2023.
2213          (10) Title 63C, Chapter 23, Education and Mental Health Coordinating Council, is
2214     repealed July 1, 2026.
2215          (11) Title 63A, Chapter 16, Part 7, Data Security Management Council, is repealed
2216     July 1, 2025.
2217          (12) Section 63G-6a-805, which creates the Purchasing from Persons with Disabilities
2218     Advisory Board, is repealed July 1, 2026.
2219          (13) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
2220     2025.
2221          (14) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
2222     2024.
2223          (15) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
2224          (16) Subsection 63J-1-602.1[(17)](15), Nurse Home Visiting Restricted Account is
2225     repealed July 1, 2026.
2226          (17) (a) Subsection 63J-1-602.1[(61)](59), relating to the Utah Statewide Radio System

2227     Restricted Account, is repealed July 1, 2022.
2228          (b) When repealing Subsection 63J-1-602.1[(61)](59), the Office of Legislative
2229     Research and General Counsel shall, in addition to the office's authority under Subsection
2230     36-12-12(3), make necessary changes to subsection numbering and cross references.
2231          (18) Subsection 63J-1-602.2(5), referring to dedicated credits to the Utah Marriage
2232     Commission, is repealed July 1, 2023.
2233          (19) Subsection 63J-1-602.2(6), referring to the Trip Reduction Program, is repealed
2234     July 1, 2022.
2235          (20) Subsection 63J-1-602.2(24), related to the Utah Seismic Safety Commission, is
2236     repealed January 1, 2025.
2237          (21) Title 63J, Chapter 4, Part 5, Resource Development Coordinating Committee, is
2238     repealed July 1, 2027.
2239          (22) In relation to the advisory committee created in Subsection 63L-11-305(3), on July
2240     1, 2022:
2241          (a) Subsection 63L-11-305(1)(a), which defines "advisory committee," is repealed; and
2242          (b) Subsection 63L-11-305(3), which creates the advisory committee, is repealed.
2243          (23) In relation to the Utah Substance Use and Mental Health Advisory Council, on
2244     January 1, 2023:
2245          (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
2246     repealed;
2247          (b) Section 63M-7-305, the language that states "council" is replaced with
2248     "commission";
2249          (c) Subsection 63M-7-305(1) is repealed and replaced with:
2250          "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
2251          (d) Subsection 63M-7-305(2) is repealed and replaced with:
2252          "(2) The commission shall:
2253          (a) provide ongoing oversight of the implementation, functions, and evaluation of the
2254     Drug-Related Offenses Reform Act; and
2255          (b) coordinate the implementation of Section 77-18-104 and related provisions in
2256     Subsections 77-18-103(2)(c) and (d).".
2257          (24) The Crime Victim Reparations and Assistance Board, created in Section

2258     63M-7-504, is repealed July 1, 2027.
2259          (25) Title 63M, Chapter 7, Part 6, Utah Council on Victims of Crime, is repealed July
2260     1, 2022.
2261          (26) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2026.
2262          (27) Title 63N, Chapter 1, Part 5, Governor's Economic Development Coordinating
2263     Council, is repealed July 1, 2024.
2264          (28) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
2265          (29) Section 63N-2-512, related to the Hotel Impact Mitigation Fund, is repealed July
2266     1, 2028.
2267          (30) (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
2268     January 1, 2021.
2269          (b) Section 59-9-107 regarding tax credits against premium taxes is repealed for
2270     calendar years beginning on or after January 1, 2021.
2271          (c) Notwithstanding Subsection(30)(b), an entity may carry forward a tax credit in
2272     accordance with Section 59-9-107 if:
2273          (i) the person is entitled to a tax credit under Section 59-9-107 on or before December
2274     31, 2020; and
2275          (ii) the qualified equity investment that is the basis of the tax credit is certified under
2276     Section 63N-2-603 on or before December 31, 2023.
2277          (31) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed
2278     July 1, 2023.
2279          (32) Title 63N, Chapter 7, Part 1, Board of Tourism Development, is repealed July 1,
2280     2025.
2281          (33) Title 63N, Chapter 9, Part 2, Outdoor Recreational Infrastructure Grant Program,
2282     is repealed January 1, 2028.
2283          Section 50. Section 63J-1-602.1 is amended to read:
2284          63J-1-602.1. List of nonlapsing appropriations from accounts and funds.
2285          Appropriations made from the following accounts or funds are nonlapsing:
2286          (1) The Utah Intracurricular Student Organization Support for Agricultural Education
2287     and Leadership Restricted Account created in Section 4-42-102.
2288          (2) The Native American Repatriation Restricted Account created in Section 9-9-407.

2289          (3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
2290     Section 9-18-102.
2291          (4) The National Professional Men's Soccer Team Support of Building Communities
2292     Restricted Account created in Section 9-19-102.
2293          (5) Funds collected for directing and administering the C-PACE district created in
2294     Section 11-42a-106.
2295          (6) Money received by the Utah Inland Port Authority, as provided in Section
2296     11-58-105.
2297          (7) The "Latino Community Support Restricted Account" created in Section 13-1-16.
2298          (8) The Clean Air Support Restricted Account created in Section 19-1-109.
2299          (9) The Division of Air Quality Oil, Gas, and Mining Restricted Account created in
2300     Section 19-2a-106.
2301          (10) The Division of Water Quality Oil, Gas, and Mining Restricted Account created in
2302     Section 19-5-126.
2303          (11) The "Support for State-Owned Shooting Ranges Restricted Account" created in
2304     Section 23-14-13.5.
2305          (12) Award money under the State Asset Forfeiture Grant Program, as provided under
2306     Section 24-4-117.
2307          (13) Funds collected from the program fund for local health department expenses
2308     incurred in responding to a local health emergency under Section 26-1-38.
2309          [(14) The Children with Cancer Support Restricted Account created in Section
2310     26-21a-304.]
2311          [(15)] (14) State funds for matching federal funds in the Children's Health Insurance
2312     Program as provided in Section 26-40-108.
2313          [(16) The Children with Heart Disease Support Restricted Account created in Section
2314     26-58-102.]
2315          [(17)] (15) The Nurse Home Visiting Restricted Account created in Section 26-63-601.
2316          [(18)] (16) The Technology Development Restricted Account created in Section
2317     31A-3-104.
2318          [(19)] (17) The Criminal Background Check Restricted Account created in Section
2319     31A-3-105.

2320          [(20)] (18) The Captive Insurance Restricted Account created in Section 31A-3-304,
2321     except to the extent that Section 31A-3-304 makes the money received under that section free
2322     revenue.
2323          [(21)] (19) The Title Licensee Enforcement Restricted Account created in Section
2324     31A-23a-415.
2325          [(22)] (20) The Health Insurance Actuarial Review Restricted Account created in
2326     Section 31A-30-115.
2327          [(23)] (21) The Insurance Fraud Investigation Restricted Account created in Section
2328     31A-31-108.
2329          [(24)] (22) The Underage Drinking Prevention Media and Education Campaign
2330     Restricted Account created in Section 32B-2-306.
2331          [(25)] (23) The School Readiness Restricted Account created in Section 35A-15-203.
2332          [(26)] (24) Money received by the Utah State Office of Rehabilitation for the sale of
2333     certain products or services, as provided in Section 35A-13-202.
2334          [(27)] (25) The Oil and Gas Administrative Penalties Account created in Section
2335     40-6-11.
2336          [(28)] (26) The Oil and Gas Conservation Account created in Section 40-6-14.5.
2337          [(29)] (27) The Division of Oil, Gas, and Mining Restricted account created in Section
2338     40-6-23.
2339          [(30)] (28) The Electronic Payment Fee Restricted Account created by Section
2340     41-1a-121 to the Motor Vehicle Division.
2341          [(31)] (29) The Motor Vehicle Enforcement Division Temporary Permit Restricted
2342     Account created by Section 41-3-110 to the State Tax Commission.
2343          [(32)] (30) The Utah Law Enforcement Memorial Support Restricted Account created
2344     in Section 53-1-120.
2345          [(33)] (31) The State Disaster Recovery Restricted Account to the Division of
2346     Emergency Management, as provided in Section 53-2a-603.
2347          [(34)] (32) The Department of Public Safety Restricted Account to the Department of
2348     Public Safety, as provided in Section 53-3-106.
2349          [(35)] (33) The Utah Highway Patrol Aero Bureau Restricted Account created in
2350     Section 53-8-303.

2351          [(36)] (34) The DNA Specimen Restricted Account created in Section 53-10-407.
2352          [(37)] (35) The Canine Body Armor Restricted Account created in Section 53-16-201.
2353          [(38)] (36) The Technical Colleges Capital Projects Fund created in Section
2354     53B-2a-118.
2355          [(39)] (37) The Higher Education Capital Projects Fund created in Section
2356     53B-22-202.
2357          [(40)] (38) A certain portion of money collected for administrative costs under the
2358     School Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
2359          [(41)] (39) The Public Utility Regulatory Restricted Account created in Section
2360     54-5-1.5, subject to Subsection 54-5-1.5(4)(d).
2361          [(42)] (40) Funds collected from a surcharge fee to provide certain licensees with
2362     access to an electronic reference library, as provided in Section 58-3a-105.
2363          [(43)] (41) Certain fines collected by the Division of Occupational and Professional
2364     Licensing for violation of unlawful or unprofessional conduct that are used for education and
2365     enforcement purposes, as provided in Section 58-17b-505.
2366          [(44)] (42) Funds collected from a surcharge fee to provide certain licensees with
2367     access to an electronic reference library, as provided in Section 58-22-104.
2368          [(45)] (43) Funds collected from a surcharge fee to provide certain licensees with
2369     access to an electronic reference library, as provided in Section 58-55-106.
2370          [(46)] (44) Funds collected from a surcharge fee to provide certain licensees with
2371     access to an electronic reference library, as provided in Section 58-56-3.5.
2372          [(47)] (45) Certain fines collected by the Division of Occupational and Professional
2373     Licensing for use in education and enforcement of the Security Personnel Licensing Act, as
2374     provided in Section 58-63-103.
2375          [(48)] (46) The Relative Value Study Restricted Account created in Section 59-9-105.
2376          [(49)] (47) The Cigarette Tax Restricted Account created in Section 59-14-204.
2377          [(50)] (48) Funds paid to the Division of Real Estate for the cost of a criminal
2378     background check for a mortgage loan license, as provided in Section 61-2c-202.
2379          [(51)] (49) Funds paid to the Division of Real Estate for the cost of a criminal
2380     background check for principal broker, associate broker, and sales agent licenses, as provided
2381     in Section 61-2f-204.

2382          [(52)] (50) Certain funds donated to the Department of Human Services, as provided in
2383     Section 62A-1-111.
2384          [(53)] (51) The National Professional Men's Basketball Team Support of Women and
2385     Children Issues Restricted Account created in Section 62A-1-202.
2386          [(54)] (52) Certain funds donated to the Division of Child and Family Services, as
2387     provided in Section 62A-4a-110.
2388          [(55)] (53) The Choose Life Adoption Support Restricted Account created in Section
2389     62A-4a-608.
2390          [(56)] (54) Funds collected by the Office of Administrative Rules for publishing, as
2391     provided in Section 63G-3-402.
2392          [(57)] (55) The Immigration Act Restricted Account created in Section 63G-12-103.
2393          [(58)] (56) Money received by the military installation development authority, as
2394     provided in Section 63H-1-504.
2395          [(59)] (57) The Computer Aided Dispatch Restricted Account created in Section
2396     63H-7a-303.
2397          [(60)] (58) The Unified Statewide 911 Emergency Service Account created in Section
2398     63H-7a-304.
2399          [(61)] (59) The Utah Statewide Radio System Restricted Account created in Section
2400     63H-7a-403.
2401          [(62)] (60) The Utah Capital Investment Restricted Account created in Section
2402     63N-6-204.
2403          [(63)] (61) The Motion Picture Incentive Account created in Section 63N-8-103.
2404          [(64)] (62) Certain money payable for expenses of the Pete Suazo Utah Athletic
2405     Commission, as provided under Section 63N-10-301.
2406          [(65)] (63) Funds collected by the housing of state probationary inmates or state parole
2407     inmates, as provided in Subsection 64-13e-104(2).
2408          [(66)] (64) Certain forestry and fire control funds utilized by the Division of Forestry,
2409     Fire, and State Lands, as provided in Section 65A-8-103.
2410          [(67)] (65) The Transportation of Veterans to Memorials Support Restricted Account
2411     created in Section 71-14-102.
2412          [(68)] (66) The Amusement Ride Safety Restricted Account, as provided in Section

2413     72-16-204.
2414          [(69)] (67) Certain funds received by the Office of the State Engineer for well drilling
2415     fines or bonds, as provided in Section 73-3-25.
2416          [(70)] (68) The Water Resources Conservation and Development Fund, as provided in
2417     Section 73-23-2.
2418          [(71)] (69) Funds donated or paid to a juvenile court by private sources, as provided in
2419     Subsection 78A-6-203(1)(c).
2420          [(72)] (70) Fees for certificate of admission created under Section 78A-9-102.
2421          [(73)] (71) Funds collected for adoption document access as provided in Sections
2422     78B-6-141, 78B-6-144, and 78B-6-144.5.
2423          [(74)] (72) Funds collected for indigent defense as provided in Title 78B, Chapter 22,
2424     Part 4, Utah Indigent Defense Commission.
2425          [(75)] (73) The Utah Geological Survey Oil, Gas, and Mining Restricted Account
2426     created in Section 79-3-403.
2427          [(76)] (74) Revenue for golf user fees at the Wasatch Mountain State Park, Palisades
2428     State Park, and Green River State Park, as provided under Section 79-4-403.
2429          [(77)] (75) Certain funds received by the Division of State Parks from the sale or
2430     disposal of buffalo, as provided under Section 79-4-1001.
2431          [(78)] (76) The Drinking While Pregnant Prevention Media and Education Campaign
2432     Restricted Account created in Section 32B-2-308.
2433          Section 51. Section 71-8-2 is amended to read:
2434          71-8-2. Department of Veterans and Military Affairs created -- Appointment of
2435     executive director -- Department responsibilities.
2436          (1) There is created the Department of Veterans and Military Affairs.
2437          (2) The governor shall appoint an executive director for the department, after
2438     consultation with the Veterans Advisory Council, who is subject to Senate confirmation.
2439          (a) The executive director shall be an individual who:
2440          (i) has served on active duty in the armed forces for more than 180 consecutive days;
2441          (ii) was a member of a reserve component who served in a campaign or expedition for
2442     which a campaign medal has been authorized; or
2443          (iii) incurred an actual service-related injury or disability in the line of duty, whether or

2444     not that person completed 180 consecutive days of active duty; and
2445          (iv) was separated or retired under honorable conditions.
2446          (b) Any veteran or veterans group may submit names to the council for consideration.
2447          (3) The department shall:
2448          (a) conduct and supervise all veteran activities as provided in this title;
2449          [(b) determine which campaign or combat theater awards are eligible for a special
2450     group license plate in accordance with Section 41-1a-418;]
2451          [(c) verify that an applicant for a campaign or combat theater award special group
2452     license plate is qualified to receive it;]
2453          [(d) provide an applicant that qualifies a form indicating the campaign or combat
2454     theater award special group license plate for which the applicant qualifies;]
2455          [(e)] (b) adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative
2456     Rulemaking Act, to carry out the provisions of this title; and
2457          [(f)] (c) ensure that any training or certification required of a public official or public
2458     employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
2459     22, State Training and Certification Requirements, if the training or certification is required:
2460          (i) under this title;
2461          (ii) by the department; or
2462          (iii) by an agency or division within the department.
2463          (4) (a) The department may award grants for the purpose of supporting veteran and
2464     military outreach, employment, education, healthcare, homelessness prevention, and
2465     recognition events.
2466          (b) The department may award a grant described in Subsection (4)(a) to:
2467          (i) an institution of higher education listed in Section 53B-1-102;
2468          (ii) a nonprofit organization involved in veterans or military-related activities; or
2469          (iii) a political subdivision of the state.
2470          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2471     department shall make rules for the administration of grants, including establishing:
2472          (i) the form and process for submitting an application to the department;
2473          (ii) the method and criteria for selecting a grant recipient;
2474          (iii) the method and formula for determining a grant amount; and

2475          (iv) the reporting requirements of a grant recipient.
2476          (d) A grant may be awarded by the department only after consultation with the
2477     Veterans Advisory Council.
2478          (5) Nothing in this chapter shall be construed as altering or preempting the provisions
2479     of Title 39, Militia and Armories, as specifically related to the Utah National Guard.
2480          Section 52. Section 71-8-4 is amended to read:
2481          71-8-4. Veterans Advisory Council -- Membership -- Duties and responsibilities --
2482     Per diem and travel expenses.
2483          (1) There is created a Veterans Advisory Council whose purpose is to advise the
2484     executive director of the Department of Veterans and Military Affairs on issues relating to
2485     veterans.
2486          (2) The council shall consist of the following 14 members:
2487          (a) 11 voting members to serve four-year terms:
2488          (i) seven veterans at large appointed by the governor;
2489          (ii) the commander or the commander's designee, whose terms shall last for as long as
2490     they hold that office, from each of the following organizations:
2491          (A) Veterans of Foreign Wars;
2492          (B) American Legion; and
2493          (C) Disabled American Veterans; and
2494          (iii) a representative from the Office of the Governor; and
2495          (b) three nonvoting members:
2496          (i) the executive director of the Department of Veterans and Military Affairs;
2497          (ii) the director of the VA Health Care System or his designee; and
2498          (iii) the director of the VA Benefits Administration Regional Office in Salt Lake City,
2499     or his designee.
2500          (3) (a) Except as required by Subsection (3)(b), as terms of current council members
2501     expire, the governor shall appoint each new or reappointed member to a four-year term
2502     commencing on July 1.
2503          (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
2504     time of appointment or reappointment, adjust the length of terms to ensure that the terms of
2505     council members are staggered so that approximately half of the members appointed by the

2506     governor are appointed every two years.
2507          (4) When a vacancy occurs in the membership for any reason, the governor shall
2508     appoint a replacement for the unexpired term within 60 days of receiving notice.
2509          (5) Members appointed by the governor may not serve more than three consecutive
2510     terms.
2511          (6) (a) Any veterans group or veteran may provide the executive director with a list of
2512     recommendations for members on the council.
2513          (b) The executive director shall provide the governor with the list of recommendations
2514     for members to be appointed to the council.
2515          (c) The governor shall make final appointments to the council by June 30 of any year in
2516     which appointments are to be made under this chapter.
2517          (7) The council shall elect a chair and vice chair from among the council members
2518     every two years. The chair and vice chair shall each be an individual who:
2519          (a) has served on active duty in the armed forces for more than 180 consecutive days;
2520          (b) was a member of a reserve component who served in a campaign or expedition for
2521     which a campaign medal has been authorized; or
2522          (c) incurred an actual service-related injury or disability in the line of duty, whether or
2523     not that person completed 180 consecutive days of active duty; and
2524          (d) was separated or retired under honorable conditions.
2525          (8) (a) The council shall meet at least once every quarter.
2526          (b) The executive director of the Department of Veterans and Military Affairs may
2527     convene additional meetings, as necessary.
2528          (9) The department shall provide staff to the council.
2529          (10) Six voting members are a quorum for the transaction of business.
2530          (11) The council shall:
2531          (a) solicit input concerning veterans issues from veterans' groups throughout the state;
2532          (b) report issues received to the executive director of the Department of Veterans and
2533     Military Affairs and make recommendations concerning them;
2534          (c) keep abreast of federal developments that affect veterans locally and advise the
2535     executive director of them;
2536          (d) approve, by a majority vote, the use of money generated from veterans license

2537     plates under Section [41-1a-422] 41-1a-1603 for veterans programs; and
2538          (e) assist the director in developing guidelines and qualifications for:
2539          (i) participation by donors and recipients in the Veterans Assistance Registry created in
2540     Section 71-12-101; and
2541          (ii) developing a process for providing contact information between qualified donors
2542     and recipients.
2543          (12) A member may not receive compensation or benefits for the member's service, but
2544     may receive per diem and travel expenses in accordance with:
2545          (a) Section 63A-3-106;
2546          (b) Section 63A-3-107; and
2547          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2548     63A-3-107.
2549          Section 53. Section 71-14-102 is amended to read:
2550          71-14-102. Transportation of Veterans to Memorials Support Restricted
2551     Account.
2552          (1) As used in this section, "department" means the Department of Veterans and
2553     Military Affairs created in Section 71-8-2.
2554          (2) There is created in the General Fund a restricted account known as the
2555     "Transportation of Veterans to Memorials Support Restricted Account."
2556          [(3) The account shall be funded by contributions deposited into the account in
2557     accordance with Section 41-1a-422.]
2558          [(4)] (3) Upon appropriation by the Legislature, the department shall distribute funds in
2559     the account to one or more charitable organizations that:
2560          (a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
2561     and
2562          (b) have as a primary mission the transportation of veterans to Washington D.C. to
2563     visit memorials dedicated to honor the service and sacrifice of veterans.
2564          [(5)] (4) (a) An organization described in Subsection [(4)] (3) may apply to the
2565     department to receive a distribution in accordance with Subsection [(4)] (3).
2566          (b) An organization that receives a distribution from the department in accordance with
2567     Subsection [(4)] (3) shall expend the distribution only:

2568          (i) to facilitate, coordinate, and cover costs of travel to visit veterans memorials in
2569     Washington D.C.; and
2570          (ii) pay the costs of issuing or reordering Transportation of Veterans to Memorials
2571     Support special group license plate decals.
2572          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2573     department may make rules providing procedures for an organization to apply to the
2574     department to receive a distribution as provided in this section.
2575          [(6)] (5) In accordance with Section 63J-1-602.1, appropriations from the account are
2576     nonlapsing.
2577          Section 54. Section 72-2-127 is amended to read:
2578          72-2-127. Share the Road Bicycle Support Restricted Account.
2579          (1) There is created in the General Fund the Share the Road Bicycle Support Restricted
2580     Account.
2581          (2) The account shall be funded by:
2582          [(a) contributions deposited into the account in accordance with Section 41-1a-422 ;]
2583          [(b)] (a) appropriations to the account by the Legislature;
2584          [(c)] (b) private contributions; and
2585          [(d)] (c) donations or grants from public or private entities.
2586          (3) The Legislature shall appropriate funds in the account to the department.
2587          (4) The department may expend up to 5% of the money appropriated under Subsection
2588     (3) to administer account distributions in accordance with Subsections (5) and (6).
2589          (5) The department shall distribute contributions in the account to one or more
2590     charitable organizations that:
2591          (a) are exempt from federal income taxation under Section 501(c)(3) of the Internal
2592     Revenue Code;
2593          (b) have as part of their primary mission the promotion and education of:
2594          (i) safe bicycle operation;
2595          (ii) safe motor vehicle operation around bicycles; and
2596          (iii) healthy lifestyles; and
2597          (c) contribute to the start-up fee for the production and administrative costs for
2598     providing a Share the Road Bicycle Support special group license plate in accordance with

2599     Subsection 41-1a-418(2)[(a)].
2600          (6) (a) An organization described in Subsection (5) may apply to the department to
2601     receive a distribution in accordance with Subsection (5).
2602          (b) An organization that receives a distribution from the department in accordance with
2603     Subsection (5) shall expend the distribution only to:
2604          (i) pay the costs of reordering Share the Road Bicycle Support special group license
2605     plate decals;
2606          (ii) produce and distribute materials to educate:
2607          (A) bicyclists and motorists about safe bicycling, sharing the road, and obeying the law
2608     in Utah; and
2609          (B) the public on healthy lifestyles;
2610          (iii) participate in transportation planning that provides accommodations for safe
2611     bicycling;
2612          (iv) promote a network of safe bicycling routes throughout the state; and
2613          (v) provide other programs that promote bicycle safety.
2614          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2615     department may make rules providing procedures and requirements for an organization to
2616     apply to the department to receive a distribution under Subsection (5).
2617          Section 55. Section 72-2-130 is amended to read:
2618          72-2-130. Motorcycle Safety Awareness Support Restricted Account.
2619          (1) There is created in the General Fund the Motorcycle Safety Awareness Support
2620     Restricted Account.
2621          (2) The account shall be funded by:
2622          [(a) contributions deposited into the account in accordance with Section 41-1a-422 ;]
2623          [(b)] (a) appropriations to the account by the Legislature;
2624          [(c)] (b) private contributions; and
2625          [(d)] (c) donations or grants from public or private entities.
2626          (3) The Legislature shall appropriate funds in the account to the department.
2627          (4) The department may expend up to 5% of the money appropriated under Subsection
2628     (3) to administer account distributions in accordance with Subsections (5) and (6).
2629          (5) The department shall distribute contributions in the account to one or more

2630     charitable organizations that:
2631          (a) are exempt from federal income taxation under Section 501(c)(3) of the Internal
2632     Revenue Code;
2633          (b) have as part of their primary mission:
2634          (i) the promotion of motorcycle safety and awareness;
2635          (ii) safe motor vehicle operation around motorcycles; and
2636          (iii) assistance to motorcycle riders who have been involved in an accident that resulted
2637     in hospitalization; and
2638          (c) contribute to the start-up fee for the production and administrative costs for
2639     providing a Motorcycle Safety Awareness Support special group license plate in accordance
2640     with Subsection 41-1a-418(2)[(a)].
2641          (6) (a) An organization described in Subsection (5) may apply to the department to
2642     receive a distribution in accordance with Subsection (5).
2643          (b) An organization that receives a distribution from the department in accordance with
2644     Subsection (5) shall expend the distribution only to:
2645          (i) pay the costs of reordering Motorcycle Safety Awareness Support special group
2646     license plate decals;
2647          (ii) produce and distribute materials to educate motorcycle riders and motorists about
2648     motorcycle safety and awareness and obeying the law in Utah;
2649          (iii) promote education on motorcycle safety;
2650          (iv) assist motorcycle riders and families of motorcycle riders who have been involved
2651     in a motorcycle accident resulting in hospitalization; and
2652          (v) provide other programs that promote motorcycle and related traffic safety.
2653          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2654     department may make rules providing procedures and requirements for an organization to
2655     apply to the department to receive a distribution under Subsection (5).
2656          Section 56. Section 79-4-203 is amended to read:
2657          79-4-203. Powers and duties of division.
2658          (1) As used in this section, "real property" includes land under water, upland, and all
2659     other property commonly or legally defined as real property.
2660          (2) The Division of Wildlife Resources shall retain the power and jurisdiction

2661     conferred upon the Division of Wildlife Resources by law within state parks and on property
2662     controlled by the Division of State Parks with reference to fish and game.
2663          (3) The division shall permit multiple use of state parks and property controlled by the
2664     division for purposes such as grazing, fishing, hunting, camping, mining, and the development
2665     and utilization of water and other natural resources.
2666          (4) (a) The division may acquire real and personal property in the name of the state by
2667     all legal and proper means, including purchase, gift, devise, eminent domain, lease, exchange,
2668     or otherwise, subject to the approval of the executive director and the governor.
2669          (b) In acquiring any real or personal property, the credit of the state may not be pledged
2670     without the consent of the Legislature.
2671          (5) (a) Before acquiring any real property, the division shall notify the county
2672     legislative body of the county where the property is situated of its intention to acquire the
2673     property.
2674          (b) If the county legislative body requests a hearing within 10 days of receipt of the
2675     notice, the division shall hold a public hearing in the county concerning the matter.
2676          (6) Acceptance of gifts or devises of land or other property is at the discretion of the
2677     division, subject to the approval of the executive director and the governor.
2678          (7) The division shall acquire property by eminent domain in the manner authorized by
2679     Title 78B, Chapter 6, Part 5, Eminent Domain.
2680          (8) (a) The division may make charges for special services and use of facilities, the
2681     income from which is available for park purposes.
2682          (b) The division may conduct and operate those services necessary for the comfort and
2683     convenience of the public.
2684          (9) (a) The division may lease or rent concessions of all lawful kinds and nature in state
2685     parks and property to persons, partnerships, and corporations for a valuable consideration upon
2686     the recommendation of the board.
2687          (b) The division shall comply with Title 63G, Chapter 6a, Utah Procurement Code, in
2688     selecting concessionaires.
2689          (10) The division shall proceed without delay to negotiate with the federal government
2690     concerning the Weber Basin and other recreation and reclamation projects.
2691          [(11) The division shall receive and distribute voluntary contributions collected under

2692     Section 41-1a-422 in accordance with Section 79-4-404.]
2693          Section 57. Section 79-4-404 is amended to read:
2694          79-4-404. Zion National Park Support Programs Restricted Account -- Creation
2695     -- Funding -- Distribution of funds.
2696          (1) There is created within the General Fund the Zion National Park Support Programs
2697     Restricted Account.
2698          (2) The account shall be funded by:
2699          [(a) contributions deposited into the account in accordance with Section 41-1a-422 ;]
2700          [(b)] (a) private contributions; or
2701          [(c)] (b) donations or grants from public or private entities.
2702          (3) The Legislature shall appropriate funds in the account to the division.
2703          (4) The board may expend up to 10% of the money appropriated under Subsection (3)
2704     to administer account distributions in accordance with Subsections (5) and (6).
2705          (5) The division shall distribute contributions to one or more organizations that:
2706          (a) are exempt from federal income taxation under Section 501(c)(3), Internal Revenue
2707     Code;
2708          (b) operate under a written agreement with the National Park Service to provide
2709     interpretive, educational, and research activities for the benefit of Zion National Park;
2710          (c) produce and distribute educational and promotional materials on Zion National
2711     Park;
2712          (d) conduct educational courses on the history and ecosystem of the greater Zion
2713     Canyon area; and
2714          (e) provide other programs that enhance visitor appreciation and enjoyment of Zion
2715     National Park.
2716          (6) (a) An organization described in Subsection (5) may apply to the division to receive
2717     a distribution in accordance with Subsection (5).
2718          (b) An organization that receives a distribution from the division in accordance with
2719     Subsection (5) shall expend the distribution only to:
2720          (i) produce and distribute educational and promotional materials on Zion National
2721     Park;
2722          (ii) conduct educational courses on the history and ecosystem of the greater Zion

2723     Canyon area; and
2724          (iii) provide other programs that enhance visitor appreciation and enjoyment of Zion
2725     National Park.
2726          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2727     division may make rules providing procedures and requirements for an organization to apply to
2728     the division to receive a distribution under Subsection (5).
2729          Section 58. Repealer.
2730          This bill repeals:
2731          Section 26-21a-304, Children with Cancer Support Restricted Account.
2732          Section 26-58-102, Children with Heart Disease Support Restricted Account.
2733          Section 41-1a-421, Honor special group license plates -- Personal identity
2734     requirements.
2735          Section 41-1a-422, Support special group license plates -- Contributor -- Voluntary
2736     contribution collection procedures.
2737          Section 78A-2-804, Guardian Ad Litem Services Account established -- Funding.
2738          Section 59. Effective date.
2739          This bill takes effect on January 1, 2023.