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7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to standard issue license plates and special group
10 license plates.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ amends provisions regarding standard license plates;
15 ▸ creates the sponsored special group license plate program and changes the process
16 to establish a new special group license plate;
17 ▸ provides for continuation of special group license plates that were created by a
18 legislative act;
19 ▸ establishes eligibility criteria for different categories of sponsored special group
20 license plates;
21 ▸ allows a county to exempt a motor vehicle from an emissions inspection under
22 certain circumstances;
23 ▸ creates a restricted account to administer existing fees related to license plates and
24 vehicle registration;
25 ▸ repeals certain restricted accounts and other provisions related to license plate
26 issuance and administration; and
27 ▸ makes technical and conforming changes.
28 Money Appropriated in this Bill:
29 None
30 Other Special Clauses:
31 This bill provides a special effective date.
32 This bill provides a coordination clause.
33 Utah Code Sections Affected:
34 AMENDS:
35 9-8-207, as last amended by Laws of Utah 2018, Chapter 260
36 26-18b-101, as last amended by Laws of Utah 2021, Chapter 378
37 26-54-102, as last amended by Laws of Utah 2019, Chapter 405
38 41-1a-102, as last amended by Laws of Utah 2022, Chapters 92, 180
39 41-1a-222, as last amended by Laws of Utah 2017, Chapter 24
40 41-1a-226, as last amended by Laws of Utah 2022, Chapter 259
41 41-1a-401, as last amended by Laws of Utah 2022, Chapter 259
42 41-1a-416, as last amended by Laws of Utah 2008, Chapter 382
43 41-1a-419, as last amended by Laws of Utah 2018, Chapter 260
44 41-1a-1201, as last amended by Laws of Utah 2022, Chapter 259
45 41-1a-1204, as last amended by Laws of Utah 2012, Chapter 397
46 41-1a-1206, as last amended by Laws of Utah 2022, Chapters 56, 259
47 41-1a-1211, as last amended by Laws of Utah 2015, Chapter 119
48 41-1a-1212, as last amended by Laws of Utah 2014, Chapters 61, 237 and 237
49 41-1a-1218, as last amended by Laws of Utah 2012, Chapter 397
50 41-1a-1222, as last amended by Laws of Utah 2021, Chapter 420
51 41-1a-1305, as last amended by Laws of Utah 2020, Chapter 74
52 41-6a-1642, as last amended by Laws of Utah 2022, Chapters 160, 259
53 53-8-214, as enacted by Laws of Utah 2017, Chapter 406
54 59-10-1319, as last amended by Laws of Utah 2020, Chapter 322
55 62A-15-1103, as last amended by Laws of Utah 2022, Chapters 19, 149
56 63G-26-103, as enacted by Laws of Utah 2020, Chapter 393
57 63I-1-241, as last amended by Laws of Utah 2022, Chapters 68, 92, 104, and 110
58 63I-1-263, as last amended by Laws of Utah 2022, Chapters 23, 34, 68, 153, 218, 236,
59 249, 274, 296, 313, 361, 362, 417, 419, and 472
60 63I-2-204, as last amended by Laws of Utah 2022, Chapters 67, 68
61 63I-2-209, as last amended by Laws of Utah 2021, Chapter 380
62 63I-2-213, as last amended by Laws of Utah 2022, Chapter 400
63 63I-2-219, as last amended by Laws of Utah 2022, Chapter 95
64 63I-2-223, as last amended by Laws of Utah 2012, Chapter 369
65 63I-2-226, as last amended by Laws of Utah 2022, Chapters 255, 365
66 63I-2-253, as last amended by Laws of Utah 2022, Chapters 208, 229, 274, 354, 370,
67 and 409
68 63I-2-261, as last amended by Laws of Utah 2013, Chapter 278
69 63I-2-263, as last amended by Laws of Utah 2022, Chapters 63, 209, 240, 242, 264,
70 354, and 435
71 63I-2-272, as last amended by Laws of Utah 2022, Chapters 56, 83 and 259
72 63I-2-278, as last amended by Laws of Utah 2022, Chapter 470
73 63I-2-279, as last amended by Laws of Utah 2022, Chapter 68
74 63J-1-602.1, as last amended by Laws of Utah 2022, Chapters 48, 191, 255, 335, 415,
75 and 451
76 63J-1-602.2, as last amended by Laws of Utah 2022, Chapters 59, 68, 154, 224, 236,
77 242, and 447 and last amended by Coordination Clause, Laws of Utah 2022,
78 Chapter 154
79 71-8-2, as last amended by Laws of Utah 2020, Chapter 409
80 71-8-4, as last amended by Laws of Utah 2018, Chapter 39
81 79-4-402, as last amended by Laws of Utah 2022, Chapter 48
82 79-7-203, as last amended by Laws of Utah 2022, Chapter 68
83 79-7-303, as renumbered and amended by Laws of Utah 2022, Chapter 68
84 ENACTS:
85 41-1a-122, Utah Code Annotated 1953
86 41-1a-1601, Utah Code Annotated 1953
87 41-1a-1602, Utah Code Annotated 1953
88 41-1a-1603, Utah Code Annotated 1953
89 41-1a-1604, Utah Code Annotated 1953
90 41-1a-1605, Utah Code Annotated 1953
91 41-1a-1606, Utah Code Annotated 1953
92 41-1a-1607, Utah Code Annotated 1953
93 41-1a-1608, Utah Code Annotated 1953
94 41-1a-1609, Utah Code Annotated 1953
95 41-1a-1610, Utah Code Annotated 1953
96 63I-2-280, Utah Code Annotated 1953
97 REPEALS AND REENACTS:
98 41-1a-402, as last amended by Laws of Utah 2018, Chapters 20, 262
99 41-1a-418, as last amended by Laws of Utah 2022, Chapters 19, 48, 68, and 451
100 REPEALS:
101 41-1a-421, as last amended by Laws of Utah 2018, Chapter 39
102 41-1a-422, as last amended by Laws of Utah 2022, Chapters 19, 48, 68, 255, 259, 335,
103 451, and 456
104 Utah Code Sections Affected by Coordination Clause:
105 41-22-19, as last amended by Laws of Utah 2022, Chapters 68 and 143
106
107 Be it enacted by the Legislature of the state of Utah:
108 Section 1. Section 9-8-207 is amended to read:
109 9-8-207. Historical society -- Donations -- Accounting.
110 (1) (a) There is created the Utah State Historical Society.
111 (b) The society may:
112 (i) solicit memberships from persons interested in the work of the society and charge
113 dues for memberships commensurate with the advantages of membership and the needs of the
114 society; and
115 (ii) receive gifts, donations, bequests, devises, and endowments of money or property,
116 which shall then become the property of the state of Utah.
117 (2) [
118 be used in a specified manner, then the division shall use it in accordance with these directions.
119 Otherwise, all donated money and the proceeds from donated property, together with the
120 charges realized from society memberships, shall be deposited in the General Fund as restricted
121 revenue of the society.
122 [
123
124
125 (3) The division shall keep a correct account of funds and property received, held, or
126 disbursed by the society, and shall make reports to the governor as in the case of other state
127 institutions.
128 Section 2. Section 26-18b-101 is amended to read:
129 26-18b-101. Allyson Gamble Organ Donation Contribution Fund created.
130 (1) (a) There is created an expendable special revenue fund known as the Allyson
131 Gamble Organ Donation Contribution Fund.
132 (b) The Allyson Gamble Organ Donation Contribution Fund shall consist of:
133 (i) private contributions;
134 (ii) donations or grants from public or private entities;
135 (iii) voluntary donations collected under Sections 41-1a-230.5 and 53-3-214.7; and
136 [
137
138 [
139 (c) The cost of administering the Allyson Gamble Organ Donation Contribution Fund
140 shall be paid from money in the fund.
141 (2) The Department of Health shall:
142 (a) administer the funds deposited in the Allyson Gamble Organ Donation Contribution
143 Fund; and
144 (b) select qualified organizations and distribute the funds in the Allyson Gamble Organ
145 Donation Contribution Fund in accordance with Subsection (3).
146 (3) (a) The funds in the Allyson Gamble Organ Donation Contribution Fund may be
147 distributed to a selected organization that:
148 (i) promotes and supports organ donation;
149 (ii) assists in maintaining and operating a statewide organ donation registry; and
150 (iii) provides donor awareness education.
151 (b) An organization that meets the criteria of Subsections (3)(a)(i) through (iii) may
152 apply to the Department of Health, in a manner prescribed by the department, to receive a
153 portion of the money contained in the Allyson Gamble Organ Donation Contribution Fund.
154 (4) The Department of Health may expend funds in the account to pay the costs of
155 administering the fund and issuing or reordering the Donate Life support special group license
156 plate and decals.
157 Section 3. Section 26-54-102 is amended to read:
158 26-54-102. Spinal Cord and Brain Injury Rehabilitation Fund -- Creation --
159 Administration -- Uses.
160 (1) As used in this section, a "qualified IRC 501(c)(3) charitable clinic" means a
161 professional medical clinic that:
162 (a) provides rehabilitation services to individuals in the state:
163 (i) who have a traumatic spinal cord or brain injury that tends to be nonprogressive or
164 nondeteriorating; and
165 (ii) who require post-acute care;
166 (b) employs licensed therapy clinicians;
167 (c) has at least five years experience operating a post-acute care rehabilitation clinic in
168 the state; and
169 (d) has obtained tax-exempt status under Internal Revenue Code, 26 U.S.C. Sec.
170 501(c)(3).
171 (2) There is created an expendable special revenue fund known as the "Spinal Cord and
172 Brain Injury Rehabilitation Fund."
173 (3) The fund shall consist of:
174 (a) gifts, grants, donations, or any other conveyance of money that may be made to the
175 fund from private sources;
176 (b) a portion of the impound fee as designated in Section 41-6a-1406;
177 (c) the fees collected by the Motor Vehicle Division under Subsections
178 [
179 (d) amounts appropriated by the Legislature.
180 (4) The fund shall be administered by the executive director of the department, in
181 consultation with the advisory committee created in Section 26-54-103.
182 (5) Fund money shall be used to:
183 (a) assist one or more qualified IRC 501(c)(3) charitable clinics to provide
184 rehabilitation services to individuals who have a traumatic spinal cord or brain injury that tends
185 to be nonprogressive or nondeteriorating, including:
186 (i) physical, occupational, and speech therapy; and
187 (ii) equipment for use in the qualified charitable clinic; and
188 (b) pay for operating expenses of the advisory committee created by Section
189 26-54-103, including the advisory committee's staff.
190 Section 4. Section 41-1a-102 is amended to read:
191 41-1a-102. Definitions.
192 As used in this chapter:
193 (1) "Actual miles" means the actual distance a vehicle has traveled while in operation.
194 (2) "Actual weight" means the actual unladen weight of a vehicle or combination of
195 vehicles as operated and certified to by a weighmaster.
196 (3) "All-terrain type I vehicle" means the same as that term is defined in Section
197 41-22-2.
198 (4) "All-terrain type II vehicle" means the same as that term is defined in Section
199 41-22-2.
200 (5) "All-terrain type III vehicle" means the same as that term is defined in Section
201 41-22-2.
202 (6) "Alternative fuel vehicle" means:
203 (a) an electric motor vehicle;
204 (b) a hybrid electric motor vehicle;
205 (c) a plug-in hybrid electric motor vehicle; or
206 (d) a motor vehicle powered exclusively by a fuel other than:
207 (i) motor fuel;
208 (ii) diesel fuel;
209 (iii) natural gas; or
210 (iv) propane.
211 (7) "Amateur radio operator" means a person licensed by the Federal Communications
212 Commission to engage in private and experimental two-way radio operation on the amateur
213 band radio frequencies.
214 (8) "Autocycle" means the same as that term is defined in Section 53-3-102.
215 (9) "Automated driving system" means the same as that term is defined in Section
216 41-26-102.1.
217 (10) "Branded title" means a title certificate that is labeled:
218 (a) rebuilt and restored to operation;
219 (b) flooded and restored to operation; or
220 (c) not restored to operation.
221 (11) "Camper" means a structure designed, used, and maintained primarily to be
222 mounted on or affixed to a motor vehicle that contains a floor and is designed to provide a
223 mobile dwelling, sleeping place, commercial space, or facilities for human habitation or for
224 camping.
225 (12) "Certificate of title" means a document issued by a jurisdiction to establish a
226 record of ownership between an identified owner and the described vehicle, vessel, or outboard
227 motor.
228 (13) "Certified scale weigh ticket" means a weigh ticket that has been issued by a
229 weighmaster.
230 (14) "Commercial vehicle" means a motor vehicle, trailer, or semitrailer used or
231 maintained for the transportation of persons or property that operates:
232 (a) as a carrier for hire, compensation, or profit; or
233 (b) as a carrier to transport the vehicle owner's goods or property in furtherance of the
234 owner's commercial enterprise.
235 (15) "Commission" means the State Tax Commission.
236 (16) "Consumer price index" means the same as that term is defined in Section
237 59-13-102.
238 (17) "Dealer" means a person engaged or licensed to engage in the business of buying,
239 selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on
240 conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established
241 place of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors.
242 (18) "Diesel fuel" means the same as that term is defined in Section 59-13-102.
243 (19) "Division" means the Motor Vehicle Division of the commission, created in
244 Section 41-1a-106.
245 (20) "Dynamic driving task" means the same as that term is defined in Section
246 41-26-102.1.
247 (21) "Electric motor vehicle" means a motor vehicle that is powered solely by an
248 electric motor drawing current from a rechargeable energy storage system.
249 (22) "Essential parts" means the integral and body parts of a vehicle of a type required
250 to be registered in this state, the removal, alteration, or substitution of which would tend to
251 conceal the identity of the vehicle or substantially alter the vehicle's appearance, model, type,
252 or mode of operation.
253 (23) "Farm tractor" means a motor vehicle designed and used primarily as a farm
254 implement for drawing plows, mowing machines, and other implements of husbandry.
255 (24) (a) "Farm truck" means a truck used by the owner or operator of a farm solely for
256 the owner's or operator's own use in the transportation of:
257 (i) farm products, including livestock and its products, poultry and its products,
258 floricultural and horticultural products;
259 (ii) farm supplies, including tile, fence, and any other thing or commodity used in
260 agricultural, floricultural, horticultural, livestock, and poultry production; and
261 (iii) livestock, poultry, and other animals and things used for breeding, feeding, or
262 other purposes connected with the operation of a farm.
263 (b) "Farm truck" does not include the operation of trucks by commercial processors of
264 agricultural products.
265 (25) "Fleet" means one or more commercial vehicles.
266 (26) "Foreign vehicle" means a vehicle of a type required to be registered, brought into
267 this state from another state, territory, or country other than in the ordinary course of business
268 by or through a manufacturer or dealer, and not registered in this state.
269 (27) "Gross laden weight" means the actual weight of a vehicle or combination of
270 vehicles, equipped for operation, to which shall be added the maximum load to be carried.
271 (28) "Highway" or "street" means the entire width between property lines of every way
272 or place of whatever nature when any part of it is open to the public, as a matter of right, for
273 purposes of vehicular traffic.
274 (29) "Hybrid electric motor vehicle" means a motor vehicle that draws propulsion
275 energy from onboard sources of stored energy that are both:
276 (a) an internal combustion engine or heat engine using consumable fuel; and
277 (b) a rechargeable energy storage system where energy for the storage system comes
278 solely from sources onboard the vehicle.
279 (30) (a) "Identification number" means the identifying number assigned by the
280 manufacturer or by the division for the purpose of identifying the vehicle, vessel, or outboard
281 motor.
282 (b) "Identification number" includes a vehicle identification number, state assigned
283 identification number, hull identification number, and motor serial number.
284 (31) "Implement of husbandry" means a vehicle designed or adapted and used
285 exclusively for an agricultural operation and only incidentally operated or moved upon the
286 highways.
287 (32) (a) "In-state miles" means the total number of miles operated in this state during
288 the preceding year by fleet power units.
289 (b) If a fleet is composed entirely of trailers or semitrailers, "in-state miles" means the
290 total number of miles that those vehicles were towed on Utah highways during the preceding
291 year.
292 (33) "Interstate vehicle" means a commercial vehicle operated in more than one state,
293 province, territory, or possession of the United States or foreign country.
294 (34) "Jurisdiction" means a state, district, province, political subdivision, territory, or
295 possession of the United States or any foreign country.
296 (35) "Lienholder" means a person with a security interest in particular property.
297 (36) "Manufactured home" means a transportable factory built housing unit constructed
298 on or after June 15, 1976, according to the Federal Home Construction and Safety Standards
299 Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight body
300 feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more
301 square feet, and which is built on a permanent chassis and designed to be used as a dwelling
302 with or without a permanent foundation when connected to the required utilities, and includes
303 the plumbing, heating, air-conditioning, and electrical systems.
304 (37) "Manufacturer" means a person engaged in the business of constructing,
305 manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or
306 outboard motors for the purpose of sale or trade.
307 (38) "Military vehicle" means a vehicle of any size or weight that was manufactured
308 for use by armed forces and that is maintained in a condition that represents the vehicle's
309 military design and markings regardless of current ownership or use.
310 (39) "Mobile home" means a transportable factory built housing unit built prior to June
311 15, 1976, in accordance with a state mobile home code which existed prior to the Federal
312 Manufactured Housing and Safety Standards Act (HUD Code).
313 (40) "Motor fuel" means the same as that term is defined in Section 59-13-102.
314 (41) (a) "Motor vehicle" means a self-propelled vehicle intended primarily for use and
315 operation on the highways.
316 (b) "Motor vehicle" does not include:
317 (i) an off-highway vehicle; or
318 (ii) a motor assisted scooter as defined in Section 41-6a-102.
319 (42) "Motorboat" means the same as that term is defined in Section 73-18-2.
320 (43) "Motorcycle" means:
321 (a) a motor vehicle having a saddle for the use of the rider and designed to travel on not
322 more than three wheels in contact with the ground; or
323 (b) an autocycle.
324 (44) "Natural gas" means a fuel of which the primary constituent is methane.
325 (45) (a) "Nonresident" means a person who is not a resident of this state as defined by
326 Section 41-1a-202, and who does not engage in intrastate business within this state and does
327 not operate in that business any motor vehicle, trailer, or semitrailer within this state.
328 (b) A person who engages in intrastate business within this state and operates in that
329 business any motor vehicle, trailer, or semitrailer in this state or who, even though engaging in
330 interstate commerce, maintains a vehicle in this state as the home station of that vehicle is
331 considered a resident of this state, insofar as that vehicle is concerned in administering this
332 chapter.
333 (46) "Odometer" means a device for measuring and recording the actual distance a
334 vehicle travels while in operation, but does not include any auxiliary odometer designed to be
335 periodically reset.
336 (47) "Off-highway implement of husbandry" means the same as that term is defined in
337 Section 41-22-2.
338 (48) "Off-highway vehicle" means the same as that term is defined in Section 41-22-2.
339 (49) (a) "Operate" means:
340 (i) to navigate a vessel; or
341 (ii) collectively, the activities performed in order to perform the entire dynamic driving
342 task for a given motor vehicle by:
343 (A) a human driver as defined in Section 41-26-102.1; or
344 (B) an engaged automated driving system.
345 (b) "Operate" includes testing of an automated driving system.
346 (50) "Original issue license plate" means a license plate that is of a format and type
347 issued by the state in the same year as the model year of a vehicle that is a model year 1973 or
348 older.
349 [
350 excluding fuel supply, used to propel a vessel.
351 [
352 vehicle, vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is
353 subject to a security interest.
354 (b) If a vehicle is the subject of an agreement for the conditional sale or installment
355 sale or mortgage of the vehicle with the right of purchase upon performance of the conditions
356 stated in the agreement and with an immediate right of possession vested in the conditional
357 vendee or mortgagor, or if the vehicle is the subject of a security agreement, then the
358 conditional vendee, mortgagor, or debtor is considered the owner for the purposes of this
359 chapter.
360 (c) If a vehicle is the subject of an agreement to lease, the lessor is considered the
361 owner until the lessee exercises the lessee's option to purchase the vehicle.
362 [
363 (a) is designed and marketed as temporary living quarters for recreational, camping,
364 travel, or seasonal use;
365 (b) is not permanently affixed to real property for use as a permanent dwelling;
366 (c) requires a special highway movement permit for transit; and
367 (d) is built on a single chassis mounted on wheels with a gross trailer area not
368 exceeding 400 square feet in the setup mode.
369 [
370 combination of letters, numbers, or both as requested by the owner of the vehicle and assigned
371 to the vehicle by the division.
372 [
373 manufactured, remanufactured, or materially altered to provide an open cargo area.
374 (b) "Pickup truck" includes a motor vehicle with the open cargo area covered with a
375 camper, camper shell, tarp, removable top, or similar structure.
376 [
377 vehicle that has the capability to charge the battery or batteries used for vehicle propulsion
378 from an off-vehicle electric source, such that the off-vehicle source cannot be connected to the
379 vehicle while the vehicle is in motion.
380 [
381 support the load.
382 [
383 division that is within 16 months immediately preceding the commencement of the registration
384 or license year in which proportional registration is sought. The division in fixing the period
385 shall conform it to the terms, conditions, and requirements of any applicable agreement or
386 arrangement for the proportional registration of vehicles.
387 [
388 are kept and stored and where a charge is made for the storage and keeping of vehicles and
389 vessels.
390 [
391 surrender of ownership documents described in Section 41-1a-503.
392 [
393 in this state that is materially altered from its original construction by the removal, addition, or
394 substitution of essential parts, new or used.
395 [
396 13-14-102.
397 [
398 operation of a vehicle or vessel on the highways or waters of this state for the time period for
399 which the registration is valid and that is evidence of compliance with the registration
400 requirements of the jurisdiction.
401 (64) "Registration decal" means the decal issued by the division that is evidence of
402 compliance with the division's registration requirements.
403 [
404 with the completion of the applicable registration criteria.
405 (b) For administration of a multistate agreement for proportional registration the
406 division may prescribe a different 12-month period.
407 [
408 outboard motors to a sound working condition by substituting any inoperative part of the
409 vehicle, vessel, or outboard motor, or by correcting the inoperative part.
410 [
411 (a) a street rod that meets the requirements under Subsection 41-21-1(3)(a)(i)(B); or
412 (b) a custom vehicle that meets the requirements under Subsection
413 41-6a-1507(1)(a)(i)(B).
414 [
415 vehicles and constructed so it does not carry any load either independently or any part of the
416 weight of a vehicle or load that is drawn.
417 [
418 [
419 agreement to secure the payment or performance of an obligation and that is valid against third
420 parties.
421 [
422 persons or property and for being drawn by a motor vehicle and constructed so that some part
423 of its weight and its load rests or is carried by another vehicle.
424 [
425 particular group of people or a license plate authorized and issued by the division in accordance
426 with Section 41-1a-418 or Part 16, Sponsored Special Group License Plates.
427 [
428 transportation purposes and that is:
429 (i) 20 years or older from the current year; or
430 (ii) a make or model of motor vehicle recognized by the division director as having
431 unique interest or historic value.
432 (b) In making a determination under Subsection [
433 shall give special consideration to:
434 (i) a make of motor vehicle that is no longer manufactured;
435 (ii) a make or model of motor vehicle produced in limited or token quantities;
436 (iii) a make or model of motor vehicle produced as an experimental vehicle or one
437 designed exclusively for educational purposes or museum display; or
438 (iv) a motor vehicle of any age or make that has not been substantially altered or
439 modified from original specifications of the manufacturer and because of its significance is
440 being collected, preserved, restored, maintained, or operated by a collector or hobbyist as a
441 leisure pursuit.
442 [
443 (i) not designed or used primarily for the transportation of persons or property;
444 (ii) not designed to operate in traffic; and
445 (iii) only incidentally operated or moved over the highways.
446 (b) "Special mobile equipment" includes:
447 (i) farm tractors;
448 (ii) off-road motorized construction or maintenance equipment including backhoes,
449 bulldozers, compactors, graders, loaders, road rollers, tractors, and trenchers; and
450 (iii) ditch-digging apparatus.
451 (c) "Special mobile equipment" does not include a commercial vehicle as defined
452 under Section 72-9-102.
453 [
454 registered in this state, not originally constructed under a distinctive name, make, model, or
455 type by a generally recognized manufacturer of vehicles, and not materially altered from its
456 original construction.
457 (76) (a) "Standard license plate" means a license plate for general issue described in
458 Subsection 41-1a-402(1).
459 (b) "Standard license plate" includes a license plate for general issue that the division
460 issues before January 1, 2024.
461 [
462 outboard motor that meets the requirements of rules made by the commission pursuant to
463 Subsection 41-1a-1101(5).
464 (78) "Symbol decal" means the decal that is designed to represent a special group and
465 displayed on a special group license plate.
466 [
467 motor.
468 [
469 jurisdictions during the preceding year by power units.
470 (b) If fleets are composed entirely of trailers or semitrailers, "total fleet miles" means
471 the number of miles that those vehicles were towed on the highways of all jurisdictions during
472 the preceding year.
473 [
474 72-9-102.
475 [
476 72-9-102.
477 [
478 persons or property and for being drawn by a motor vehicle and constructed so that no part of
479 its weight rests upon the towing vehicle.
480 [
481 conveyed by sale, gift, or any other means except by the creation of a security interest.
482 [
483 property by sale, gift, or any other means except by creation of a security interest.
484 [
485 vehicle without motive power, designed as a temporary dwelling for travel, recreational, or
486 vacation use that does not require a special highway movement permit when drawn by a
487 self-propelled motor vehicle.
488 [
489 drawing other vehicles and not constructed to carry a load other than a part of the weight of the
490 vehicle and load that is drawn.
491 [
492 camper, park model recreational vehicle, manufactured home, and mobile home.
493 [
494 [
495 41-21-1.
496 [
497 73-18-2.
498 [
499 permitted to weigh vehicles under this chapter.
500 Section 5. Section 41-1a-122 is enacted to read:
501 41-1a-122. License Plate Restricted Account.
502 (1) As used in this section, "account" means the License Plate Restricted Account
503 created by this section.
504 (2) There is created within the General Fund a restricted account known as the License
505 Plate Restricted Account.
506 (3) (a) The account shall be funded from the fees described in Subsection
507 41-1a-1201(3).
508 (b) The fees described in Subsection (3)(a) shall be paid to the division, which shall
509 deposit them in the account.
510 (4) The Legislature shall appropriate the funds in the account to the commission to
511 cover the costs of issuing license plates and decals.
512 (5) In accordance with Section 63J-1-602.1, appropriations made to the division from
513 the account are nonlapsing.
514 Section 6. Section 41-1a-222 is amended to read:
515 41-1a-222. Application for multiyear registration -- Payment of taxes -- Penalties.
516 (1) The owner of any intrastate fleet of commercial vehicles which is based in the state
517 may apply to the commission for registration in accordance with this section.
518 (a) The application shall be made on a form prescribed by the commission.
519 (b) Upon payment of required fees and meeting other requirements prescribed by the
520 commission, the division shall issue, to each vehicle for which application has been made, a
521 multiyear license plate and registration card.
522 (i) The [
523 expiration date fixed by the division and are valid until ownership of the vehicle to which they
524 are issued is transferred by the applicant or until the expiration date, whichever comes first.
525 (ii) An annual renewal application must be made by the owner if registration
526 identification has been issued on an annual installment fee basis and the required fees must be
527 paid on an annual basis.
528 (iii) License plates and registration cards issued pursuant to this section are valid for an
529 eight-year period, commencing with the year of initial application in this state.
530 (c) When application for registration or renewal is made on an installment payment
531 basis, the applicant shall submit acceptable evidence of a surety bond in a form, and with a
532 surety, approved by the commission and in an amount equal to the total annual fees required
533 for all vehicles registered to the applicant in accordance with this section.
534 (2) Each vehicle registered as part of a fleet of commercial vehicles must be titled in
535 the name of the fleet.
536 (3) Each owner who registers fleets pursuant to this section shall pay the taxes or in
537 lieu fees otherwise due pursuant to:
538 (a) Section 41-1a-206;
539 (b) Section 41-1a-207;
540 (c) Subsection 41-1a-301(12);
541 (d) Section 59-2-405.1;
542 (e) Section 59-2-405.2; or
543 (f) Section 59-2-405.3.
544 (4) An owner who fails to comply with the provisions of this section is subject to the
545 penalties in Section 41-1a-1301 and, if the commission so determines, will result in the loss of
546 the privileges granted in this section.
547 Section 7. Section 41-1a-226 is amended to read:
548 41-1a-226. Vintage vehicle -- Signed statement -- Registration.
549 (1) The owner of a vintage vehicle who applies for registration under this part shall
550 provide a signed statement that the vintage vehicle:
551 (a) is owned and operated for the purposes described in Section 41-21-1; and
552 (b) is safe to operate on the highways of this state as described in Section 41-21-4.
553 (2) For a vintage vehicle with a model year of 1980 or older, the signed statement
554 described in Subsection (1) and in Subsection 41-6a-1642(15) is in lieu of an emissions
555 inspection, from which a vintage vehicle is exempt under Subsection 41-6a-1642(4).
556 (3) Before registration of a vintage vehicle that has a model year of 1981 or newer, an
557 owner shall:
558 (a) obtain a certificate of emissions inspection as provided in Section 41-6a-1642; or
559 (b) provide proof of vehicle insurance coverage for the vintage vehicle that is a type
560 specific to a vehicle collector.
561 Section 8. Section 41-1a-401 is amended to read:
562 41-1a-401. License plates -- Number of plates -- Reflectorization -- Indicia of
563 registration in lieu of or used with plates.
564 (1) (a) Except as provided in Subsection (1)(c), the division upon registering a vehicle
565 shall issue to the owner:
566 (i) one license plate for a motorcycle, trailer, or semitrailer;
567 (ii) one registration decal for a park model recreational vehicle, in lieu of a license
568 plate, which shall be attached in plain sight to the rear of the park model recreational vehicle;
569 (iii) one registration decal for a camper, in lieu of a license plate, which shall be
570 attached in plain sight to the rear of the camper; and
571 (iv) two identical license plates for every other vehicle.
572 (b) The license plate or registration decal issued under Subsection (1)(a) is for the
573 particular vehicle registered and may not be removed during the term for which the license
574 plate or registration decal is issued or used upon any other vehicle than the registered vehicle.
575 (c) (i) Notwithstanding Subsections (1)(a) and (b) and except as provided in Subsection
576 (1)(c)(ii), the division, upon registering a motor vehicle that has been sold, traded, or the
577 ownership of which has been otherwise released, shall transfer the license plate issued to the
578 person applying to register the vehicle if:
579 (A) the previous registered owner has included the license plate as part of the sale,
580 trade, or ownership release; and
581 (B) the person applying to register the vehicle applies to transfer the license plate to the
582 new registered owner of the vehicle.
583 (ii) The division may not transfer a personalized or special group license plate to a new
584 registered owner under this Subsection (1)(c) if the new registered owner does not meet the
585 qualification or eligibility requirements for that personalized or special group license plate
586 under [
587 Plates.
588 (2) The division may receive applications for registration renewal, renew registration,
589 and issue new license plates or registration decals at any time prior to the expiration of
590 registration.
591 (3) (a) (i) Except as provided in Subsection (3)(a)(iii), all license plates to be
592 manufactured and issued by the division shall be treated with a fully reflective material on the
593 plate face that provides effective and dependable reflective brightness during the service period
594 of the license plate.
595 (ii) Except as provided in Subsection (3)(a)(iii), for a historical support special group
596 license plate created under this part, the division shall procure reflective material to satisfy the
597 requirement under Subsection (3)(a)(i) as soon as such material is available at a reasonable
598 cost.
599 (iii) Notwithstanding the reflectivity requirement described in Subsection (3)(a)(i), the
600 division may manufacture and issue a historical support special group license plate without a
601 fully reflective plate face if:
602 (A) the historical special group license plate is requested for a vintage vehicle that has
603 a model year of 1980 or older; and
604 (B) the division has manufacturing equipment and technology available to produce the
605 plate in small quantities.
606 (b) The division shall prescribe all license plate material specifications and establish
607 and implement procedures for conforming to the specifications.
608 (c) The specifications for the materials used such as the aluminum plate substrate, the
609 reflective sheeting, and glue shall be drawn in a manner so that at least two manufacturers may
610 qualify as suppliers.
611 (d) The granting of contracts for the materials shall be by public bid.
612 (4) (a) The commission may issue, adopt, and require the use of indicia of registration
613 it considers advisable in lieu of or in conjunction with license plates as provided in this part.
614 (b) All provisions of this part relative to license plates apply to these indicia of
615 registration, so far as the provisions are applicable.
616 (5) A violation of this section is an infraction.
617 Section 9. Section 41-1a-402 is repealed and reenacted to read:
618 41-1a-402. Standard license plates -- Required colors, numerals, and letters --
619 Expiration.
620 (1) (a) Upon registering a vehicle, the division shall issue to the owner a standard
621 license plate described in Subsection (1)(b) unless the division issues to the owner:
622 (i) a special group license plate in accordance with Section 41-1a-418; or
623 (ii) an apportioned vehicle license plate in accordance with Section 41-1a-301.
624 (b) The division may offer up to four standard license plate options at one time, each
625 with a different design as follows:
626 (i) two designs that incorporate one or more elements that represent the state's
627 economy or geography;
628 (ii) one design that represents the state's values or culture; and
629 (iii) one design that commemorates a current event relevant to the state or a significant
630 anniversary of a historic event relevant to the state.
631 (c) The division shall offer:
632 (i) each design described in Subsection (1)(b)(i) or (ii) for at least a 10-year period; and
633 (ii) each design described in Subsection (1)(b)(iii) for no more than a five-year period.
634 (d) The division may not offer more than four standard license plate designs at any one
635 time.
636 (2) Before the division may offer a design described in Subsection (1)(b), the division
637 shall:
638 (a) consult with the Utah Department of Cultural and Community Engagement
639 regarding the proposed design;
640 (b) identify which current standard license plate design will be replaced by the
641 proposed design;
642 (c) submit the proposed design to the governor for approval; and
643 (d) if the governor approves the design pursuant to Subsection (2)(c), submit to the
644 Transportation Interim Committee a request for the Legislature to approve the proposed design
645 by concurrent resolution.
646 (3) The division may issue a new standard license plate design only if:
647 (a) the Legislature has by concurrent resolution approved the standard license plate
648 design; and
649 (b) sufficient funds are appropriated for the initial costs of production.
650 (4) (a) Except as provided in Subsection (4)(b), the division may not order or produce a
651 standard license plate that is discontinued under this section.
652 (b) The division may issue a discontinued standard license plate until the division
653 exhausts the discontinued standard license plate's remaining stock.
654 (5) Each license plate shall have displayed on it:
655 (a) the registration number assigned to the vehicle for which the license plate is issued;
656 (b) the name of the state; and
657 (c) unless exempted by Section 41-1a-301 or 41-1a-407, a registration decal showing
658 the date of expiration displayed in accordance with Subsection (8).
659 (6) If registration is extended by affixing a registration decal to the license plate, the
660 expiration date of the registration decal governs the expiration date of the license plate.
661 (7) (a) Except as provided under Subsection 41-1a-215(2) and Section 41-1a-216,
662 license plates shall be renewed annually.
663 (b) (i) The division shall issue the vehicle owner a month registration decal and a year
664 registration decal upon the vehicle's first registration with the division.
665 (ii) The division shall issue the vehicle owner only a year registration decal upon
666 subsequent renewals of registration to validate registration renewal.
667 (8) Except as otherwise provided by rule:
668 (a) the month registration decal issued in accordance with Subsection (7) shall be
669 displayed on the license plate in the left position; and
670 (b) the year registration decal issued in accordance with Subsection (7) shall be
671 displayed on the license plate in the right position.
672 (9) The current year registration decal issued in accordance with Subsection (7) shall
673 be placed over or in place of the previous year registration decal.
674 (10) If a license plate, month registration decal, or year registration decal is lost or
675 destroyed, a replacement shall be issued upon application and payment of the fees required
676 under Section 41-1a-1211 or 41-1a-1212.
677 (11) (a) A violation of this section is an infraction.
678 (b) A court shall waive a fine for a violation under this section if:
679 (i) the registration for the vehicle was current at the time of the citation; and
680 (ii) the person to whom the citation was issued provides, within 21 business days,
681 evidence that the license plate and registration decals are properly displayed in compliance with
682 this section.
683 (12) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
684 the division may make rules regarding the placement and positioning of registration decals on
685 license plates issued by the division.
686 Section 10. Section 41-1a-416 is amended to read:
687 41-1a-416. Original issue license plates -- Alternative stickers -- Rulemaking.
688 (1) The owner of a motor vehicle that is a model year 1973 or older may apply to the
689 division for permission to display an original issue license plate [
690
691 (2) [
692
693 Subsection (1) shall:
694 (a) complete an application on a form provided by the division;
695 [
696
697 (b) supply and submit to the division for approval the original issue license plate that
698 the owner intends to display on the motor vehicle; and
699 (c) pay the fees prescribed in Sections 41-1a-1206 and 41-1a-1211.
700 (3) [
701 approving an application described in this section, the division shall determine that the original
702 issue license [
703 (a) [
704
705 (b) [
706 license plate series in this state;
707 (c) [
708 chapter[
709
710 and
711 (d) [
712 [
713 (4) (a) [
714 original issue license plates approved under this section is not exempt from any [
715
716 this chapter.
717 (b) An original issue license plate approved under this section is exempt from:
718 (i) the provisions of Section 41-1a-401 regarding reflectorization; and
719 (ii) Section 41-1a-403.
720 [
721
722
723
724 [
725 [
726
727
728 [
729
730
731 [
732
733 [
734
735 [
736 Act, the division may make rules for the implementation of this section.
737 Section 11. Section 41-1a-418 is repealed and reenacted to read:
738 41-1a-418. Authorized special group license plates.
739 (1) In accordance with this chapter, the division shall issue to an eligible applicant a
740 special group license plate in one of the following categories:
741 (a) a disability special group license plate issued in accordance with Section 41-1a-420;
742 (b) a special group license plate issued for a:
743 (i) vintage vehicle;
744 (ii) farm truck; or
745 (iii) special group license plate described in Section 41-1a-1602.
746 (2) The division may not issue a new type of special group license plate or symbol
747 decal unless the division receives:
748 (a) a private donation for the start-up fee established under Section 63J-1-504 for the
749 production and administrative costs of providing the new special group license plate or symbol
750 decal; or
751 (b) a legislative appropriation for the start-up fee described in Subsection (2)(a).
752 (3) Notwithstanding other provisions of this chapter, the division may not require a
753 contribution as defined in Section 41-1a-1601 for a special group license plate described in
754 Subsection (1)(a) or (b).
755 Section 12. Section 41-1a-419 is amended to read:
756 41-1a-419. Plate design -- Vintage vehicle certification and registration --
757 Personalized special group license plates -- Rulemaking.
758 (1) [
759
760
761 (a) In accordance with Subsection (1)(b), the division shall determine the design and
762 number of numerals or characters on a special group license plate.
763 (b) (i) Except as provided in Subsection (1)(b)(ii), each special group license plate
764 shall display:
765 (A) the word Utah;
766 (B) the name or identifying slogan of the special group;
767 (C) a symbol decal not exceeding two positions in size representing the special group;
768 and
769 (D) the combination of letters, numbers, or both uniquely identifying the registered
770 vehicle.
771 (ii) The division, in consultation with the Utah State Historical Society, shall design
772 the historical support special group license plate, which shall:
773 (A) have a black background;
774 (B) have white characters; and
775 (C) display the word Utah.
776 (2) (a) The division shall, after consultation with a representative designated by the
777 [
778 words comprising the special group name and the symbol decal to be displayed upon the
779 special group license [
780 (b) A special group license plate symbol decal may not be redesigned:
781 (i) unless the division receives a redesign fee established by the division under Section
782 63J-1-504; and
783 (ii) more frequently than every five years.
784 (c) [
785 symbol decal may not be reordered unless the division receives a symbol decal reorder fee
786 established by the division [
787 [
788
789
790
791 (3) The license plates issued for horseless carriages prior to July 1, 1992, are valid
792 without renewal as long as the vehicle is owned by the registered owner and the license plates
793 may not be recalled by the division.
794 [
795
796
797
798 (4) Subject to Subsection 41-1a-411(4)(a), a person who meets the requirements
799 described in this part or Part 16, Sponsored Special Group License Plates, for a special group
800 license plate may, apply for a personalized special group license plate in accordance with
801 Sections 41-1a-410 and 41-1a-411.
802 (5) [
803 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
804 (a) establish qualifying criteria for persons to receive, renew, or surrender special group
805 license plates; and
806 (b) establish the [
807 license plates.
808 Section 13. Section 41-1a-1201 is amended to read:
809 41-1a-1201. Disposition of fees.
810 (1) All fees received and collected under this part shall be transmitted daily to the state
811 treasurer.
812 (2) Except as provided in Subsections (3), (5), (6), (7), and (8), [
813 [
814 under this part shall be deposited into the Transportation Fund.
815 (3) Funds generated under Subsections 41-1a-1211(1)(b)(ii), (6)(b)(ii), [
816 (9), and Section 41-1a-1212 [
817
818 into the License Plate Restricted Account created in Section 41-1a-122.
819 [
820
821 [
822 41-1a-1205, the expenses of the commission in enforcing and administering this part shall be
823 provided for by legislative appropriation from the revenues of the Transportation Fund.
824 (b) Three dollars of the registration fees imposed under Subsections 41-1a-1206(2)(a)
825 and (b) for each vehicle registered for a six-month registration period under Section
826 41-1a-215.5 may be used by the commission to cover the costs incurred in enforcing and
827 administering this part.
828 (c) Fifty cents of the registration fee imposed under Subsection 41-1a-1206(1)(i) for
829 each vintage vehicle that has a model year of 1981 or newer may be used by the commission to
830 cover the costs incurred in enforcing and administering this part.
831 [
832 41-1a-1206 for each vehicle shall be deposited into the Transportation Investment Fund of
833 2005 created under Section 72-2-124:
834 (i) $30 of the registration fees imposed under Subsections 41-1a-1206(1)(a), (1)(b),
835 (1)(f), (4), and (7);
836 (ii) $21 of the registration fees imposed under Subsections 41-1a-1206(1)(c)(i) and
837 (1)(c)(ii);
838 (iii) $2.50 of the registration fee imposed under Subsection 41-1a-1206(1)(e)(ii);
839 (iv) $23 of the registration fee imposed under Subsection 41-1a-1206(1)(d)(i);
840 (v) $24.50 of the registration fee imposed under Subsection 41-1a-1206(1)(e)(i); and
841 (vi) $1 of the registration fee imposed under Subsection 41-1a-1206(1)(d)(ii).
842 (b) The following portions of the registration fees collected for each vehicle registered
843 for a six-month registration period under Section 41-1a-215.5 shall be deposited into the
844 Transportation Investment Fund of 2005 created by Section 72-2-124:
845 (i) $23.25 of each registration fee collected under Subsection 41-1a-1206(2)(a)(i); and
846 (ii) $23 of each registration fee collected under Subsection 41-1a-1206(2)(a)(ii).
847 [
848 41-1a-1206(1)(a) and (b) for each vehicle shall be deposited into the Public Safety Restricted
849 Account created in Section 53-3-106.
850 (b) Seventy-one cents of each registration fee imposed under Subsections
851 41-1a-1206(2)(a) and (b) for each vehicle registered for a six-month registration period under
852 Section 41-1a-215.5 shall be deposited into the Public Safety Restricted Account created in
853 Section 53-3-106.
854 [
855 41-1a-1206(1)(a) and (b) for each vehicle shall be deposited into the Motor Vehicle Safety
856 Impact Restricted Account created in Section 53-8-214.
857 (b) One dollar of each registration fee imposed under Subsections 41-1a-1206(2)(a)
858 and (b) for each vehicle registered for a six-month registration period under Section
859 41-1a-215.5 shall be deposited into the Motor Vehicle Safety Impact Restricted Account
860 created in Section 53-8-214.
861 [
862 41-1a-1206(1)(a) for each motorcycle shall be deposited into the Spinal Cord and Brain Injury
863 Rehabilitation Fund created in Section 26-54-102.
864 Section 14. Section 41-1a-1204 is amended to read:
865 41-1a-1204. Automobile driver education fee -- Amount -- When paid --
866 Exception.
867 (1) Each year there is levied and shall be paid to the commission the automobile driver
868 education fee.
869 (2) (a) Except as provided in Subsections (2)(b) and (c), the fee is $2.50 upon each
870 motor vehicle to be registered for a one-year registration period.
871 (b) The fee is $2.00 upon each motor vehicle to be registered under Section
872 41-1a-215.5 for a six-month registration period.
873 (c) The following registrations are exempt from the fee in Subsection (2)(a) or (b):
874 (i) a motorcycle registration; and
875 (ii) a registration of a vehicle with a Purple Heart special group license plate issued [
876
877 (A) on or before December 31, 2023; or
878 (B) in accordance with Part 16, Sponsored Special Group License Plates.
879 Section 15. Section 41-1a-1206 is amended to read:
880 41-1a-1206. Registration fees -- Fees by gross laden weight.
881 (1) Except as provided in Subsections (2) and (3), at the time application is made for
882 registration or renewal of registration of a vehicle or combination of vehicles under this
883 chapter, a registration fee shall be paid to the division as follows:
884 (a) $46.00 for each motorcycle;
885 (b) $44 for each motor vehicle of 12,000 pounds or less gross laden weight, excluding
886 motorcycles;
887 (c) unless the semitrailer or trailer is exempt from registration under Section 41-1a-202
888 or is registered under Section 41-1a-301:
889 (i) $31 for each trailer or semitrailer over 750 pounds gross unladen weight; or
890 (ii) $28.50 for each commercial trailer or commercial semitrailer of 750 pounds or less
891 gross unladen weight;
892 (d) (i) $53 for each farm truck over 12,000 pounds, but not exceeding 14,000 pounds
893 gross laden weight; plus
894 (ii) $9 for each 2,000 pounds over 14,000 pounds gross laden weight;
895 (e) (i) $69.50 for each motor vehicle or combination of motor vehicles, excluding farm
896 trucks, over 12,000 pounds, but not exceeding 14,000 pounds gross laden weight; plus
897 (ii) $19 for each 2,000 pounds over 14,000 pounds gross laden weight;
898 (f) (i) $69.50 for each park model recreational vehicle over 12,000 pounds, but not
899 exceeding 14,000 pounds gross laden weight; plus
900 (ii) $19 for each 2,000 pounds over 14,000 pounds gross laden weight;
901 (g) $45 for each vintage vehicle that has a model year of 1981 or newer;
902 (h) in addition to the fee described in Subsection (1)(b):
903 (i) an amount equal to the road usage charge cap described in Section 72-1-213.1 for:
904 (A) each electric motor vehicle; and
905 (B) Each motor vehicle not described in this Subsection (1)(h) that is fueled
906 exclusively by a source other than motor fuel, diesel fuel, natural gas, or propane;
907 (ii) $21.75 for each hybrid electric motor vehicle; and
908 (iii) $56.50 for each plug-in hybrid electric motor vehicle; and
909 (i) in addition to the fee described in Subsection (1)(g), for a vintage vehicle that has a
910 model year of 1981 or newer, 50 cents.
911 (2) (a) At the time application is made for registration or renewal of registration of a
912 vehicle under this chapter for a six-month registration period under Section 41-1a-215.5, a
913 registration fee shall be paid to the division as follows:
914 (i) $34.50 for each motorcycle; and
915 (ii) $33.50 for each motor vehicle of 12,000 pounds or less gross laden weight,
916 excluding motorcycles.
917 (b) In addition to the fee described in Subsection (2)(a)(ii), for registration or renewal
918 of registration of a vehicle under this chapter for a six-month registration period under Section
919 41-1a-215.5 a registration fee shall be paid to the division as follows:
920 (i) an amount equal to the road usage charge cap described in Section 72-1-213.1 for:
921 (A) each electric motor vehicle; and
922 (B) each motor vehicle not described in this Subsection (2)(b) that is fueled exclusively
923 by a source other than motor fuel, diesel fuel, natural gas, or propane;
924 (ii) $16.50 for each hybrid electric motor vehicle; and
925 (iii) $43.50 for each plug-in hybrid electric motor vehicle.
926 (3) (a) (i) Beginning on January 1, 2019, the commission shall, on January 1, annually
927 adjust the registration fees described in Subsections (1)(a), (1)(b), (1)(c)(i), (1)(c)(ii), (1)(d)(i),
928 (1)(e)(i), (1)(f)(i), (1)(g), (2)(a), (4)(a), and (7), by taking the registration fee rate for the
929 previous year and adding an amount equal to the greater of:
930 (A) an amount calculated by multiplying the registration fee of the previous year by the
931 actual percentage change during the previous fiscal year in the Consumer Price Index; and
932 (B) 0.
933 (ii) Beginning on January 1, 2024, the commission shall, on January 1, annually adjust
934 the registration fees described in Subsections (1)(h)(ii) and (iii) and (2)(b)(ii) and (iii) by taking
935 the registration fee rate for the previous year and adding an amount equal to the greater of:
936 (A) an amount calculated by multiplying the registration fee of the previous year by the
937 actual percentage change during the previous fiscal year in the Consumer Price Index; and
938 (B) 0.
939 (b) The amounts calculated as described in Subsection (3)(a) shall be rounded up to the
940 nearest 25 cents.
941 (4) (a) The initial registration fee for a vintage vehicle that has a model year of 1980 or
942 older is $40.
943 (b) A vintage vehicle that has a model year of 1980 or older is exempt from the
944 renewal of registration fees under Subsection (1).
945 (c) A vehicle with a Purple Heart special group license plate issued [
946
947 Sponsored Special Group License Plates, is exempt from the registration fees under Subsection
948 (1).
949 (d) A camper is exempt from the registration fees under Subsection (1).
950 (5) If a motor vehicle is operated in combination with a semitrailer or trailer, each
951 motor vehicle shall register for the total gross laden weight of all units of the combination if the
952 total gross laden weight of the combination exceeds 12,000 pounds.
953 (6) (a) Registration fee categories under this section are based on the gross laden
954 weight declared in the licensee's application for registration.
955 (b) Gross laden weight shall be computed in units of 2,000 pounds. A fractional part
956 of 2,000 pounds is a full unit.
957 (7) The owner of a commercial trailer or commercial semitrailer may, as an alternative
958 to registering under Subsection (1)(c), apply for and obtain a special registration and license
959 plate for a fee of $130.
960 (8) Except as provided in Section 41-6a-1642, a truck may not be registered as a farm
961 truck unless:
962 (a) the truck meets the definition of a farm truck under Section 41-1a-102; and
963 (b) (i) the truck has a gross vehicle weight rating of more than 12,000 pounds; or
964 (ii) the truck has a gross vehicle weight rating of 12,000 pounds or less and the owner
965 submits to the division a certificate of emissions inspection or a waiver in compliance with
966 Section 41-6a-1642.
967 (9) A violation of Subsection (8) is an infraction that shall be punished by a fine of not
968 less than $200.
969 (10) Trucks used exclusively to pump cement, bore wells, or perform crane services
970 with a crane lift capacity of five or more tons, are exempt from 50% of the amount of the fees
971 required for those vehicles under this section.
972 Section 16. Section 41-1a-1211 is amended to read:
973 41-1a-1211. License plate fees -- Application fees for issuance and renewal of
974 personalized and special group license plates -- Replacement fee for license plates --
975 Postage fees.
976 (1) (a) Except as provided in Subsections (11), (12), (13), and (14), a license plate fee
977 established in accordance with Section 63J-1-504 shall be paid to the division for the issuance
978 of any new license plate under Part 4, License Plates and Registration Indicia.
979 (b) The license plate fee shall be deposited as follows:
980 (i) $1 in the Transportation Fund; and
981 (ii) the remainder of the fee charged under Subsection (1)(a) into the License Plate
982 Restricted Account, as provided in Section 41-1a-1201.
983 (2) An applicant for original issuance of personalized license plates issued under
984 Section 41-1a-410 shall pay a $50 per set license plate application fee in addition to the fee
985 required in Subsection (1).
986 (3) Beginning July 1, 2003, a person who applies for a special group license plate shall
987 pay a $5 fee for the original set of license plates in addition to the fee required under
988 Subsection (1).
989 (4) An applicant for original issuance of personalized special group license plates shall
990 pay the license plate application fees required in Subsection (2) in addition to the license plate
991 fees and license plate application fees established under Subsections (1) and (3).
992 (5) An applicant for renewal of personalized license plates issued under Section
993 41-1a-410 shall pay a $10 per set application fee.
994 (6) (a) The division may charge a fee established under Section 63J-1-504 to recover
995 the costs for the replacement of any license plate issued under Part 4, License Plates and
996 Registration Indicia.
997 (b) The license plate fee shall be deposited as follows:
998 (i) $1 in the Transportation Fund; and
999 (ii) the remainder of the fee charged under Subsection (6)(a) into the License Plate
1000 Restricted Account, as provided in Section 41-1a-1201.
1001 (7) (a) The division may charge a fee established under Section 63J-1-504 to recover
1002 [
1003 41-1a-418.
1004 (b) The fee described in Subsection (7)(a) shall be deposited into the License Plate
1005 Restricted Account as described in Section 41-1a-1201.
1006 (8) The division may charge a fee established under Section 63J-1-504 to recover the
1007 cost of issuing stickers under Section 41-1a-416.
1008 (9) In addition to any other fees required by this section, the division shall assess a fee
1009 established under Section 63J-1-504 to cover postage expenses if new or replacement license
1010 plates are mailed to the applicant.
1011 (10) The fees required under this section are separate from and in addition to
1012 registration fees required under Section 41-1a-1206.
1013 (11) (a) An applicant for a license plate issued under Section 41-1a-407 is not subject
1014 to the license plate fee under Subsection (1).
1015 (b) An applicant for a Purple Heart special group license plate issued [
1016
1017 Sponsored Special Group License Plates, is exempt from the fees under Subsections (1), (3),
1018 and (7).
1019 (12) A person is exempt from the fee under Subsection (1) or (6) if the person:
1020 (a) was issued a clean fuel special group license plate in accordance with Section
1021 41-1a-418 prior to the effective date of rules made by the Department of Transportation under
1022 Subsection 41-6a-702(5)(b);
1023 (b) beginning on the effective date of rules made by the Department of Transportation
1024 authorized under Subsection 41-6a-702(5)(b), is no longer eligible for a clean fuel special
1025 group license plate under the rules made by the Department of Transportation; and
1026 (c) upon renewal or reissuance, is required to replace the clean fuel special group
1027 license plate with a new license plate.
1028 [
1029
1030 [
1031
1032 [
1033
1034
1035 [
1036
1037 [
1038
1039
1040 [
1041 [
1042
1043 [
1044 [
1045 (13) An individual is exempt from the license plate fee under Subsection (1) if the
1046 individual presents official documentation that the individual is a recipient of the Purple Heart
1047 Award in one of the following forms:
1048 (a) official documentation issued by a recognized association representing peace
1049 officers who:
1050 (i) receive a salary from a federal, state, county, or municipal government or any other
1051 subdivision of the state; and
1052 (ii) work in the state;
1053 (b) a membership card in the Military Order of the Purple Heart; or
1054 (c) an original or certificate in lieu of the applicant's military discharge form, DD-214,
1055 issued by the National Personnel Records Center.
1056 Section 17. Section 41-1a-1212 is amended to read:
1057 41-1a-1212. Fee for replacement of license plate decals.
1058 (1) A fee established in accordance with Section 63J-1-504 shall be paid to the division
1059 for the replacement of a license plate registration decal required by Section 41-1a-402 or a
1060 registration decal required by Section 41-1a-401.
1061 (2) The fee described in Subsection (1) shall be deposited into the License Plate
1062 Restricted Account created in Section 41-1a-122.
1063 Section 18. Section 41-1a-1218 is amended to read:
1064 41-1a-1218. Uninsured motorist identification fee for tracking motor vehicle
1065 insurance -- Exemption -- Deposit.
1066 (1) (a) Except as provided in Subsections (1)(b) and (c), at the time application is made
1067 for registration or renewal of registration of a motor vehicle under this chapter, the applicant
1068 shall pay an uninsured motorist identification fee of $1 on each motor vehicle.
1069 (b) Except as provided in Subsection (1)(c), at the time application is made for
1070 registration or renewal of registration of a motor vehicle for a six-month registration period
1071 under Section 41-1a-215.5, the applicant shall pay an uninsured motorist identification fee of
1072 75 cents on each motor vehicle.
1073 (c) The following are exempt from the fee required under Subsection (1)(a) or (b):
1074 (i) a commercial vehicle registered as part of a fleet under Section 41-1a-222 or
1075 Section 41-1a-301;
1076 (ii) a motor vehicle that is exempt from the registration fee under Section 41-1a-1209
1077 or Subsection 41-1a-419(3); and
1078 (iii) a motor vehicle with a Purple Heart special group license plate issued [
1079
1080 (A) on or before December 31, 2023; or
1081 (B) in accordance with Part 16, Sponsored Special Group License Plates.
1082 (2) The revenue generated under this section shall be deposited in the Uninsured
1083 Motorist Identification Restricted Account created in Section 41-12a-806.
1084 Section 19. Section 41-1a-1222 is amended to read:
1085 41-1a-1222. Local option highway construction and transportation corridor
1086 preservation fee -- Exemptions -- Deposit -- Transfer -- County ordinance -- Notice.
1087 (1) As used in this section:
1088 (a) "Metro township" means the same as that term is defined in Section 10-2a-403.
1089 (b) "Unincorporated" means the same as that term is defined in Section 10-1-104.
1090 (2) (a) (i) Except as provided in Subsection (2)(a)(ii), a county legislative body may
1091 impose a local option highway construction and transportation corridor preservation fee of up
1092 to $10 on each motor vehicle registration within the county.
1093 (ii) A county legislative body may impose a local option highway construction and
1094 transportation corridor preservation fee of up to $7.75 on each motor vehicle registration for a
1095 six-month registration period under Section 41-1a-215.5 within the county.
1096 (iii) A fee imposed under Subsection (2)(a)(i) or (ii) shall be set in whole dollar
1097 increments.
1098 (b) If imposed under Subsection (2)(a), at the time application is made for registration
1099 or renewal of registration of a motor vehicle under this chapter, the applicant shall pay the local
1100 option highway construction and transportation corridor preservation fee established by the
1101 county legislative body.
1102 (c) The following are exempt from the fee required under Subsection (2)(a):
1103 (i) a motor vehicle that is exempt from the registration fee under Section 41-1a-1209 or
1104 Subsection 41-1a-419(3);
1105 (ii) a commercial vehicle with an apportioned registration under Section 41-1a-301;
1106 and
1107 (iii) a motor vehicle with a Purple Heart special group license plate issued [
1108
1109 (A) on or before December 31, 2023; or
1110 (B) in accordance with Part 16, Sponsored Special Group License Plates.
1111 (3) (a) Except as provided in Subsection (3)(b), the revenue generated under this
1112 section shall be:
1113 (i) deposited in the Local Highway and Transportation Corridor Preservation Fund
1114 created in Section 72-2-117.5;
1115 (ii) credited to the county from which it is generated; and
1116 (iii) used and distributed in accordance with Section 72-2-117.5.
1117 (b) The revenue generated by a fee imposed under this section in a county of the first
1118 class shall be deposited or transferred as follows:
1119 (i) 50% of the revenue shall be:
1120 (A) deposited in the County of the First Class Highway Projects Fund created in
1121 Section 72-2-121; and
1122 (B) used in accordance with Section 72-2-121;
1123 (ii) 30% of the revenue shall be deposited, credited, and used as provided in Subsection
1124 (3)(a); and
1125 (iii) 20% of the revenue shall be transferred to the legislative body of a county of the
1126 first class.
1127 (4) Beginning in a fiscal year beginning on or after July 1, 2023, and for 15 years
1128 thereafter, the legislative body of the county of the first class shall annually transfer, from the
1129 revenue transferred to the legislative body of a county of the first class as described in
1130 Subsection (3)(b)(iii):
1131 (a) $300,000 to Kearns township; and
1132 (b) $225,000 to Magna township.
1133 (5) To impose or change the amount of a fee under this section, the county legislative
1134 body shall pass an ordinance:
1135 (a) approving the fee;
1136 (b) setting the amount of the fee; and
1137 (c) providing an effective date for the fee as provided in Subsection (6).
1138 (6) (a) If a county legislative body enacts, changes, or repeals a fee under this section,
1139 the enactment, change, or repeal shall take effect on July 1 if the commission receives notice
1140 meeting the requirements of Subsection (6)(b) from the county prior to April 1.
1141 (b) The notice described in Subsection (6)(a) shall:
1142 (i) state that the county will enact, change, or repeal a fee under this part;
1143 (ii) include a copy of the ordinance imposing the fee; and
1144 (iii) if the county enacts or changes the fee under this section, state the amount of the
1145 fee.
1146 Section 20. Section 41-1a-1305 is amended to read:
1147 41-1a-1305. License plate and registration card violations -- Class C
1148 misdemeanor.
1149 It is a class C misdemeanor:
1150 (1) to break, injure, interfere with, or remove from any vehicle any seal, lock, or device
1151 on it for holding or displaying any license plate or registration card attached for denoting
1152 registration and identity of the vehicle;
1153 (2) to remove from any registered vehicle the license plate or registration card issued or
1154 attached to it for its registration;
1155 (3) to place or display any license plate or registration card upon any other vehicle than
1156 the one for which it was issued by the division;
1157 (4) to use or permit the use or display of any license plate, registration card, or permit
1158 upon or in the operation of any vehicle other than that for which it was issued;
1159 (5) to operate upon any highway of this state any vehicle required by law to be
1160 registered without having the license plate or plates securely attached, except that the
1161 registration card issued by the division to all trailers and semitrailers shall be carried in the
1162 towing vehicle;
1163 (6) for any weighmaster to knowingly make any false entry in his record of weights of
1164 vehicles subject to registration or to knowingly report to the commission or division any false
1165 information regarding the weights;
1166 (7) for any inspector, officer, agent, employee, or other person performing any of the
1167 functions required for the registration or operation of vehicles subject to registration, to do,
1168 permit, cause, connive at, or permit to be done any act with the intent, or knowledge that the
1169 probable effect of the act would be to injure any person, deprive him of his property, or to
1170 injure or defraud the state with respect to its revenues relating to title or registration of
1171 vehicles;
1172 (8) for any person to combine or conspire with another to do, attempt to do, or cause or
1173 allow any of the acts in this chapter classified as a misdemeanor;
1174 (9) to operate any motor vehicle with a camper mounted on it upon any highway
1175 without displaying a current registration decal in clear sight upon the rear of the camper, issued
1176 by the county assessor of the county in which the camper has situs for taxation;
1177 (10) to manufacture, use, display, or sell any facsimile or reproduction of any license
1178 plate issued by the division or any article that would appear to be a substitute for a license
1179 plate; or
1180 (11) to fail to return to the division any registration card, license plate or plates,
1181 registration decal, permit, or title that has been canceled, suspended, voided, or revoked.
1182 Section 21. Section 41-1a-1601 is enacted to read:
1183 41-1a-1601. Definitions.
1184 As used in this part:
1185 (1) "Applicant" means a registered owner who submits an application to obtain or
1186 renew a sponsored special group license plate in accordance with this part.
1187 (2) (a) "Charitable purpose" means:
1188 (i) relief of the poor, the distressed, or the underprivileged;
1189 (ii) advancement of religion;
1190 (iii) advancement of education or science;
1191 (iv) erecting or maintaining a public building, monument, or work;
1192 (v) reducing the burdens of government;
1193 (vi) reducing neighborhood tensions;
1194 (vii) eliminating prejudice and discrimination;
1195 (viii) defending human rights and civil rights secured by law; or
1196 (ix) combating community deterioration and juvenile delinquency.
1197 (b) "Charitable purpose" does not include providing, encouraging, or paying for the
1198 costs of obtaining an abortion.
1199 (3) "Collegiate special group license plate" means a sponsored special group license
1200 plate issued to a contributor to an institution.
1201 (4) "Contributor" means an applicant who contributes the required contribution to a
1202 sponsoring organization for a sponsored special group license plate.
1203 (5) (a) "Existing special group license plate" means a special group license plate that
1204 the division issues before January 1, 2024.
1205 (b) "Existing special group license plate" does not include a special group license plate
1206 described in Subsection 41-1a-418(1)(a) or (b).
1207 (6) "Existing state agency recognition special group license plate" means an existing
1208 special group license plate issued to a registered owner who:
1209 (a) has a special license that supports or furthers a government purpose;
1210 (b) has received an honor that supports or furthers a government purpose;
1211 (c) has achieved an accomplishment that supports or furthers a government purpose; or
1212 (d) holds an elected office.
1213 (7) "Institution" means:
1214 (a) a state institution of higher education as defined in Section 53B-3-102; or
1215 (b) a private institution of higher education in the state accredited by a regional or
1216 national accrediting agency recognized by the United States Department of Education.
1217 (8) (a) "Private nonprofit organization" means a private nonprofit organization that:
1218 (i) qualifies as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
1219 and
1220 (ii) has a charitable purpose.
1221 (b) "Private nonprofit organization" does not include an organization that provides,
1222 encourages, or pays for the costs of obtaining an abortion.
1223 (9) "Private nonprofit special group license plate" means a sponsored special group
1224 license plate issued to a contributor to a private nonprofit organization.
1225 (10) "Required contribution" means:
1226 (a) the minimum annual contribution amount established under Subsection
1227 41-1a-1603(4)(a)(iii); or
1228 (b) if the sponsoring organization establishes a minimum annual contribution amount
1229 in accordance with Subsection 41-1a-1603(4)(b) that is greater than the minimum required
1230 contribution amount established under Subsection 41-1a-1603(4)(a)(iii), the amount the
1231 sponsoring organization establishes.
1232 (11) "Special group license plate" means:
1233 (a) a collegiate special group license plate;
1234 (b) a private nonprofit special group license plate;
1235 (c) a sponsored special group license plate;
1236 (d) a state agency recognition special group license plate; or
1237 (e) a state agency support special group license plate.
1238 (12) "Sponsored special group license plate" means a license plate:
1239 (a) designed for and associated with a sponsoring organization; and
1240 (b) issued to an applicant in accordance with this part.
1241 (13) "Sponsoring organization" means an institution, a private nonprofit organization,
1242 or a state agency that is or seeks to be associated with a sponsored special group license plate
1243 created under this part.
1244 (14) "State agency recognition special group license plate" means a sponsored special
1245 group license plate issued to an applicant who:
1246 (a) has a special license that supports or furthers a government purpose;
1247 (b) has received an honor that supports or furthers a government purpose;
1248 (c) has achieved an accomplishment that supports or furthers a government purpose; or
1249 (d) holds an elected office.
1250 (15) (a) "State agency support special group license plate" means:
1251 (i) a sponsored special group license plate issued to a contributor to a state agency to
1252 support a specific state agency program; or
1253 (ii) an existing special group license plate issued for a special interest vehicle.
1254 (b) "State agency support special group license plate" includes a cancer support license
1255 plate created by an act of the Legislature before December 31, 2022.
1256 Section 22. Section 41-1a-1602 is enacted to read:
1257 41-1a-1602. Sponsored special group license plate program.
1258 (1) The division shall establish and administer a sponsored special group license plate
1259 program as described in this part.
1260 (2) The division shall issue to an applicant who satisfies the requirements of this part
1261 one of the following:
1262 (a) a collegiate special group license plate;
1263 (b) a private nonprofit special group license plate;
1264 (c) a state agency support special group license plate; or
1265 (d) a state agency recognition special group license plate.
1266 Section 23. Section 41-1a-1603 is enacted to read:
1267 41-1a-1603. Application requirements -- Fees -- Contributions -- Rulemaking.
1268 (1) An applicant for a sponsored special group license plate shall submit to the
1269 division:
1270 (a) in a form and manner that the division prescribes, a complete application;
1271 (b) payment of the fee for the issuance of the sponsored special group license plate
1272 established under Subsection (4)(a)(i);
1273 (c) the required contribution for the sponsored special group license plate, unless the
1274 applicant previously paid the required contribution as part of a preorder application described
1275 in Subsection (4); and
1276 (d) if the sponsoring organization elects to require verification as described in Section
1277 41-1a-1604, a verification form obtained from the sponsoring organization.
1278 (2) An applicant who owns a vehicle with the sponsoring organization's sponsored
1279 special group license plate shall submit to the division the required contribution to renew the
1280 sponsored special group license plate.
1281 (3) (a) An applicant who wishes to obtain a new type of sponsored special group
1282 license plate may preorder the new type of sponsored special group license plate by:
1283 (i) submitting to the sponsoring organization associated with the new type of sponsored
1284 special group license plate a complete preorder form created by the division; and
1285 (ii) making the required contribution to the sponsoring organization.
1286 (b) After the division approves the sponsoring organization's request for the new type
1287 of sponsored special group license plate under Section 41-1a-1604, an applicant who submitted
1288 a preorder in accordance with Subsection (3)(a) may apply for the sponsored special group
1289 license plate in accordance with Subsection (1).
1290 (4) (a) The division shall, in accordance with Section 63J-1-504, establish:
1291 (i) the fee to charge an applicant for the division's costs of issuing or renewing a
1292 sponsored special group license plate or symbol decal;
1293 (ii) the fee to charge a sponsoring organization for the division's costs of designing and
1294 administering a new type of sponsored special group license plate; and
1295 (iii) subject to Subsection (4)(b), in an amount equal to at least $25, the minimum
1296 annual contribution amount an applicant is required to make to obtain or renew the sponsoring
1297 organization's sponsored special group license plate.
1298 (b) A fee paid in accordance with Subsection (4)(a)(i) or (ii) shall be deposited into the
1299 License Plate Restricted Account created in Subsection 41-1a-122.
1300 (c) A sponsoring organization may establish a required contribution amount for the
1301 sponsoring organization's sponsored special group license plate that is greater than the amount
1302 established by the division under Subsection (4)(a)(iii).
1303 (5) An applicant's contribution is a voluntary contribution for funding the sponsoring
1304 organization's activities and not a motor vehicle registration fee.
1305 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1306 commission may make rules to establish and administer the sponsored special group license
1307 plate program.
1308 Section 24. Section 41-1a-1604 is enacted to read:
1309 41-1a-1604. New sponsored special group license plates -- Eligibility criteria.
1310 (1) If a sponsoring organization satisfies the requirements of this part, the division shall
1311 approve an application for a new type of sponsored special group license plate and issue the
1312 sponsored special group license plate in accordance with this part.
1313 (2) Subject to the other provisions of this part, a sponsoring organization requesting a
1314 new type of sponsored special group license plate shall submit to the division, in a form and
1315 manner the division prescribes:
1316 (a) a complete application requesting the new type of sponsored special group license
1317 plate that includes:
1318 (i) information about the sponsoring organization the division needs to process the
1319 request;
1320 (ii) contact information for an individual representing the sponsoring organization;
1321 (iii) if the sponsoring organization establishes a required contribution amount under
1322 Subsection 41-1a-1603(4)(b) that is greater than the minimum required contribution amount
1323 established under Subsection 41-1a-1603(4)(a)(iii), the amount of the required contribution;
1324 (iv) account information to allow the division to disburse funds from required
1325 contributions the division collects through the sponsored special group license plate program to
1326 the sponsoring organization;
1327 (v) a link to a functional website described in Subsection (7); and
1328 (vi) if the sponsoring organization requires an applicant to submit a verification form
1329 described in Subsection (8)(b)(i), a statement indicating that a verification form is required;
1330 (b) at least 500 complete preorder applications for the new type of sponsored special
1331 group license plate, including verification that each preorder application included the required
1332 contribution;
1333 (c) the fee for the cost of designing and administering the new type of sponsored
1334 special group license plate established under Subsection 41-1a-1603(4)(a)(ii); and
1335 (d) if the new type of sponsored special group license plate is a private nonprofit
1336 special group license plate:
1337 (i) a copy of the Internal Revenue Service letter approving the sponsoring
1338 organization's Section 501(c)(3) status;
1339 (ii) an affidavit signed under penalty of perjury declaring that the sponsoring
1340 organization has a charitable purpose; and
1341 (iii) an indication of the private nonprofit organization's charitable purpose.
1342 (3) If an application under Subsection (2) is for a special group license plate that was
1343 discontinued in accordance with this part, each registered vehicle with the discontinued special
1344 group license plate is considered a complete preorder application for the purposes of
1345 Subsection (2)(b).
1346 (4) The division:
1347 (a) may share data collected under Subsection (2)(d)(iii) with the Legislature and the
1348 state auditor;
1349 (b) may not use the information in Subsection (2)(d)(iii) in deciding whether to
1350 approve the sponsoring organization's application; and
1351 (c) is not required to evaluate the accuracy or veracity of information the private
1352 nonprofit organization provides under Subsection (2)(d).
1353 (5) Except as otherwise provided in this part, the division may not begin design work
1354 on or issue a new type of sponsored special group license plate unless the sponsoring
1355 organization satisfies the requirements of Subsection (2).
1356 (6) A sponsoring organization that is a state agency may request a state agency
1357 recognition special group license plate without meeting the minimum preorder requirements of
1358 Subsection (2)(b) if:
1359 (a) the governor certifies that there is a legitimate government operations purpose for
1360 issuing the state agency recognition special group license plate; and
1361 (b) through appropriation or any other source, funds are available to cover the start-up
1362 and administrative costs of the state agency recognition special group license plate.
1363 (7) A sponsoring organization of a sponsored special group license plate issued in
1364 accordance with this part shall maintain a functional website that:
1365 (a) explains how the sponsoring organization will use the required contributions in
1366 accordance with this part;
1367 (b) if applicable, makes available the sponsoring organization's most recent Internal
1368 Revenue Service Form 990; and
1369 (c) provides instructions for how to obtain a verification form if the sponsoring
1370 organization elects to require verification in accordance with Subsection (8).
1371 (8) (a) A sponsoring organization may establish eligibility requirements for the
1372 sponsoring organization's sponsored special group license plate.
1373 (b) If a sponsoring organization establishes eligibility requirements under this
1374 subsection, the sponsoring organization shall:
1375 (i) inform the division that a verification form is required as part of an application for
1376 the sponsoring organization's sponsored special group license plate;
1377 (ii) establish a process for providing a verification form to an applicant; and
1378 (iii) provide a verification form prescribed by the division to an applicant who satisfies
1379 the sponsoring organization's eligibility requirements.
1380 (9) The division shall begin issuing the new type of sponsored special group license
1381 plate no later than six months after the day on which the division receives the items described
1382 in Subsection (2).
1383 (10) The division may:
1384 (a) consider a request for a sponsored special group license plate for two or more
1385 military branches as a request for a single type of sponsored special group license plate for the
1386 purposes of meeting the eligibility criteria described in this section; and
1387 (b) charge an appropriate fee for ordering multiple symbol decals for each military
1388 branch.
1389 Section 25. Section 41-1a-1605 is enacted to read:
1390 41-1a-1605. Collegiate special group license plates.
1391 (1) A sponsoring organization that is an institution shall only use funds received
1392 through the sponsored special group license plate program for the institution's academic
1393 scholarships.
1394 (2) The state auditor may audit each institution to verify that the money an institution
1395 collects from contributors is used only for academic scholarships.
1396 Section 26. Section 41-1a-1606 is enacted to read:
1397 41-1a-1606. Private nonprofit special group license plates.
1398 (1) A sponsoring organization that is a private nonprofit organization shall:
1399 (a) only use funds received through the sponsored special group license plate program
1400 for the charitable purpose described in the private nonprofit organization's application
1401 submitted to the division under Section 41-1a-1603; and
1402 (b) may not use funds received through the sponsored special group license plate
1403 program to pay the private nonprofit organization's employee salaries or benefits,
1404 administrative costs, or fundraising expenses.
1405 (2) A private nonprofit organization may collect a contributor's personal information
1406 for the purposes of future fundraising and any required reporting, if the private nonprofit
1407 organization requires a verification form described in Section 41-1a-1604.
1408 (3) The state auditor may audit each private nonprofit organization to verify that the
1409 money the private nonprofit organization collects from contributors is used for the private
1410 nonprofit organization's charitable purpose in accordance with this part.
1411 Section 27. Section 41-1a-1607 is enacted to read:
1412 41-1a-1607. State agency special group license plates.
1413 A sponsoring organization that is a state agency:
1414 (1) shall only use funds received through the sponsored special group license plate
1415 program for the implementation or administration of the state agency's designated program; and
1416 (2) may not direct funds received through the sponsored special group license plate
1417 program to a nongovernmental entity.
1418 Section 28. Section 41-1a-1608 is enacted to read:
1419 41-1a-1608. Review -- Discontinuance.
1420 (1) The division shall annually review each sponsored special group license plate to
1421 determine the number of registered vehicles with each type of sponsored special group license
1422 plate during the preceding calendar year.
1423 (2) (a) The division shall discontinue a type of sponsored special group license plate if
1424 for three consecutive calendar years, the division's annual review shows that fewer than 500
1425 registered vehicles have that type of sponsored special group license plate.
1426 (b) The division shall discontinue a sponsored special group license plate under
1427 Subsection (2)(a) beginning January 1 of the calendar year following the year of the third
1428 annual review.
1429 (3) If the division discontinues a type of sponsored special group license plate in
1430 accordance with this section, the division may not reinstate the sponsored special group license
1431 plate unless the sponsoring organization submits a request for the discontinued sponsored
1432 special group license plate in the same manner as a request for a new type of sponsored special
1433 group license plate under Section 41-1a-1604.
1434 (4) (a) A registered owner to whom the division issued an existing special group
1435 license plate or a sponsored special group license plate that the division discontinues in
1436 accordance with this section may continue to display the license plate upon renewing the motor
1437 vehicle's registration.
1438 (b) A registered owner described in Subsection (4)(a) is not required to pay a required
1439 contribution to the sponsoring organization associated with the sponsored special group license
1440 plate.
1441 (5) The division may not transfer to a new registered owner a special group license
1442 plate that is discontinued under this part.
1443 (6) Subsection (2) does not apply to a state agency recognition special group license
1444 plate that is an existing special group license plate.
1445 Section 29. Section 41-1a-1609 is enacted to read:
1446 41-1a-1609. Transition of special group license plates created by legislative acts.
1447 (1) Subject to Subsections (2) and (3), the division shall continue to distribute a special
1448 group license plate created by an act of the Legislature.
1449 (2) The procedure described in Section 41-1a-1608 regarding discontinuance of a
1450 special group license plate applies to a special group license plate created by an act of the
1451 Legislature.
1452 (3) (a) Notwithstanding Subsections (1) and (2), an existing recognition special group
1453 license plate that is an honorary consul designated by the United States Department of State is
1454 discontinued.
1455 (b) A person with an existing recognition special group license plate that is an honorary
1456 consul designated by the United States Department of State shall return the honorary consul
1457 recognition special group license plate to the division and may not display the honorary consul
1458 special group license plate.
1459 (c) Upon renewal of the vehicle registration related to a vehicle with an honorary
1460 consul recognition special group license plate, the division shall issue a new license plate to
1461 replace the honorary consul special group license plate.
1462 Section 30. Section 41-1a-1610 is enacted to read:
1463 41-1a-1610. Sponsored Special Group License Plate Fund.
1464 (1) As used in this section, "fund" means the Sponsored Special Group License Plate
1465 Fund created in Subsection (2).
1466 (2) There is created an expendable special revenue fund known as the "Sponsored
1467 Special Group License Plate Fund."
1468 (3) The fund consists of all required contributions the division collects under this part.
1469 (4) The division shall, at least annually, disburse to each sponsoring organization any
1470 money, less any fees or actual administrative costs associated with issuing a sponsoring
1471 organization's sponsored special group license plate, from the fund.
1472 Section 31. Section 41-6a-1642 is amended to read:
1473 41-6a-1642. Emissions inspection -- County program.
1474 (1) The legislative body of each county required under federal law to utilize a motor
1475 vehicle emissions inspection and maintenance program or in which an emissions inspection
1476 and maintenance program is necessary to attain or maintain any national ambient air quality
1477 standard shall require:
1478 (a) a certificate of emissions inspection, a waiver, or other evidence the motor vehicle
1479 is exempt from emissions inspection and maintenance program requirements be presented:
1480 (i) as a condition of registration or renewal of registration; and
1481 (ii) at other times as the county legislative body may require to enforce inspection
1482 requirements for individual motor vehicles, except that the county legislative body may not
1483 routinely require a certificate of emissions inspection, or waiver of the certificate, more often
1484 than required under Subsection (9); and
1485 (b) compliance with this section for a motor vehicle registered or principally operated
1486 in the county and owned by or being used by a department, division, instrumentality, agency, or
1487 employee of:
1488 (i) the federal government;
1489 (ii) the state and any of its agencies; or
1490 (iii) a political subdivision of the state, including school districts.
1491 (2) A vehicle owner subject to Subsection (1) shall obtain a motor vehicle emissions
1492 inspection and maintenance program certificate of emissions inspection as described in
1493 Subsection (1), but the program may not deny vehicle registration based solely on the presence
1494 of a defeat device covered in the Volkswagen partial consent decrees or a United States
1495 Environmental Protection Agency-approved vehicle modification in the following vehicles:
1496 (a) a 2.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide
1497 emissions are mitigated in the state pursuant to a partial consent decree, including:
1498 (i) Volkswagen Jetta, model years 2009, 2010, 2011, 2012, 2013, 2014, and 2015;
1499 (ii) Volkswagen Jetta Sportwagen, model years 2009, 2010, 2011, 2012, 2013, and
1500 2014;
1501 (iii) Volkswagen Golf, model years 2010, 2011, 2012, 2013, 2014, and 2015;
1502 (iv) Volkswagen Golf Sportwagen, model year 2015;
1503 (v) Volkswagen Passat, model years 2012, 2013, 2014, and 2015;
1504 (vi) Volkswagen Beetle, model years 2013, 2014, and 2015;
1505 (vii) Volkswagen Beetle Convertible, model years 2013, 2014, and 2015; and
1506 (viii) Audi A3, model years 2010, 2011, 2012, 2013, and 2015; and
1507 (b) a 3.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide
1508 emissions are mitigated in the state to a settlement, including:
1509 (i) Volkswagen Touareg, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015, and
1510 2016;
1511 (ii) Audi Q7, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015, and 2016;
1512 (iii) Audi A6 Quattro, model years 2014, 2015, and 2016;
1513 (iv) Audi A7 Quattro, model years 2014, 2015, and 2016;
1514 (v) Audi A8, model years 2014, 2015, and 2016;
1515 (vi) Audi A8L, model years 2014, 2015, and 2016;
1516 (vii) Audi Q5, model years 2014, 2015, and 2016; and
1517 (viii) Porsche Cayenne Diesel, model years 2013, 2014, 2015, and 2016.
1518 (3) (a) The legislative body of a county identified in Subsection (1), in consultation
1519 with the Air Quality Board created under Section 19-1-106, shall make regulations or
1520 ordinances regarding:
1521 (i) emissions standards;
1522 (ii) test procedures;
1523 (iii) inspections stations;
1524 (iv) repair requirements and dollar limits for correction of deficiencies; and
1525 (v) certificates of emissions inspections.
1526 (b) In accordance with Subsection (3)(a), a county legislative body:
1527 (i) shall make regulations or ordinances to attain or maintain ambient air quality
1528 standards in the county, consistent with the state implementation plan and federal
1529 requirements;
1530 (ii) may allow for a phase-in of the program by geographical area; and
1531 (iii) shall comply with the analyzer design and certification requirements contained in
1532 the state implementation plan prepared under Title 19, Chapter 2, Air Conservation Act.
1533 (c) The county legislative body and the Air Quality Board shall give preference to an
1534 inspection and maintenance program that:
1535 (i) is decentralized, to the extent the decentralized program will attain and maintain
1536 ambient air quality standards and meet federal requirements;
1537 (ii) is the most cost effective means to achieve and maintain the maximum benefit with
1538 regard to ambient air quality standards and to meet federal air quality requirements as related to
1539 vehicle emissions; and
1540 (iii) provides a reasonable phase-out period for replacement of air pollution emission
1541 testing equipment made obsolete by the program.
1542 (d) The provisions of Subsection (3)(c)(iii) apply only to the extent the phase-out:
1543 (i) may be accomplished in accordance with applicable federal requirements; and
1544 (ii) does not otherwise interfere with the attainment and maintenance of ambient air
1545 quality standards.
1546 (4) The following vehicles are exempt from an emissions inspection program and the
1547 provisions of this section:
1548 (a) an implement of husbandry as defined in Section 41-1a-102;
1549 (b) a motor vehicle that:
1550 (i) meets the definition of a farm truck under Section 41-1a-102; and
1551 (ii) has a gross vehicle weight rating of 12,001 pounds or more;
1552 (c) a vintage vehicle as defined in Section 41-21-1:
1553 (i) if the vintage vehicle has a model year of 1980 or older; or
1554 (ii) for a vintage vehicle that has a model year of 1981 or newer, if the owner provides
1555 proof of vehicle insurance that is a type specific to a vehicle collector;
1556 (d) a custom vehicle as defined in Section 41-6a-1507;
1557 (e) to the extent allowed under the current federally approved state implementation
1558 plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401, et seq., a motor
1559 vehicle that is less than two years old on January 1 based on the age of the vehicle as
1560 determined by the model year identified by the manufacturer;
1561 (f) a pickup truck, as defined in Section 41-1a-102, with a gross vehicle weight rating
1562 of 12,000 pounds or less, if the registered owner of the pickup truck provides a signed
1563 statement to the legislative body stating the truck is used:
1564 (i) by the owner or operator of a farm located on property that qualifies as land in
1565 agricultural use under Sections 59-2-502 and 59-2-503; and
1566 (ii) exclusively for the following purposes in operating the farm:
1567 (A) for the transportation of farm products, including livestock and its products,
1568 poultry and its products, floricultural and horticultural products; and
1569 (B) in the transportation of farm supplies, including tile, fence, and every other thing or
1570 commodity used in agricultural, floricultural, horticultural, livestock, and poultry production
1571 and maintenance;
1572 (g) a motorcycle as defined in Section 41-1a-102;
1573 (h) an electric motor vehicle as defined in Section 41-1a-102; and
1574 (i) a motor vehicle with a model year of 1967 or older.
1575 (5) The county shall issue to the registered owner who signs and submits a signed
1576 statement under Subsection (4)(f) a certificate of exemption from emissions inspection
1577 requirements for purposes of registering the exempt vehicle.
1578 (6) A legislative body of a county described in Subsection (1) may exempt from an
1579 emissions inspection program a diesel-powered motor vehicle with a:
1580 (a) gross vehicle weight rating of more than 14,000 pounds; or
1581 (b) model year of 1997 or older.
1582 (7) The legislative body of a county required under federal law to utilize a motor
1583 vehicle emissions inspection program shall require:
1584 (a) a computerized emissions inspection for a diesel-powered motor vehicle that has:
1585 (i) a model year of 2007 or newer;
1586 (ii) a gross vehicle weight rating of 14,000 pounds or less; and
1587 (iii) a model year that is five years old or older; and
1588 (b) a visual inspection of emissions equipment for a diesel-powered motor vehicle:
1589 (i) with a gross vehicle weight rating of 14,000 pounds or less;
1590 (ii) that has a model year of 1998 or newer; and
1591 (iii) that has a model year that is five years old or older.
1592 (8) (a) Subject to Subsection (8)(c), the legislative body of each county required under
1593 federal law to utilize a motor vehicle emissions inspection and maintenance program or in
1594 which an emissions inspection and maintenance program is necessary to attain or maintain any
1595 national ambient air quality standard may require each college or university located in a county
1596 subject to this section to require its students and employees who park a motor vehicle not
1597 registered in a county subject to this section to provide proof of compliance with an emissions
1598 inspection accepted by the county legislative body if the motor vehicle is parked on the college
1599 or university campus or property.
1600 (b) College or university parking areas that are metered or for which payment is
1601 required per use are not subject to the requirements of this Subsection (8).
1602 (c) The legislative body of a county shall make the reasons for implementing the
1603 provisions of this Subsection (8) part of the record at the time that the county legislative body
1604 takes its official action to implement the provisions of this Subsection (8).
1605 (9) (a) An emissions inspection station shall issue a certificate of emissions inspection
1606 for each motor vehicle that meets the inspection and maintenance program requirements
1607 established in regulations or ordinances made under Subsection (3).
1608 (b) The frequency of the emissions inspection shall be determined based on the age of
1609 the vehicle as determined by model year and shall be required annually subject to the
1610 provisions of Subsection (9)(c).
1611 (c) (i) To the extent allowed under the current federally approved state implementation
1612 plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401 et seq., the legislative
1613 body of a county identified in Subsection (1) shall only require the emissions inspection every
1614 two years for each vehicle.
1615 (ii) The provisions of Subsection (9)(c)(i) apply only to a vehicle that is less than six
1616 years old on January 1.
1617 (iii) For a county required to implement a new vehicle emissions inspection and
1618 maintenance program on or after December 1, 2012, under Subsection (1), but for which no
1619 current federally approved state implementation plan exists, a vehicle shall be tested at a
1620 frequency determined by the county legislative body, in consultation with the Air Quality
1621 Board created under Section 19-1-106, that is necessary to comply with federal law or attain or
1622 maintain any national ambient air quality standard.
1623 (iv) If a county legislative body establishes or changes the frequency of a vehicle
1624 emissions inspection and maintenance program under Subsection (9)(c)(iii), the establishment
1625 or change shall take effect on January 1 if the State Tax Commission receives notice meeting
1626 the requirements of Subsection (9)(c)(v) from the county before October 1.
1627 (v) The notice described in Subsection (9)(c)(iv) shall:
1628 (A) state that the county will establish or change the frequency of the vehicle emissions
1629 inspection and maintenance program under this section;
1630 (B) include a copy of the ordinance establishing or changing the frequency; and
1631 (C) if the county establishes or changes the frequency under this section, state how
1632 frequently the emissions testing will be required.
1633 (d) If an emissions inspection is only required every two years for a vehicle under
1634 Subsection (9)(c), the inspection shall be required for the vehicle in:
1635 (i) odd-numbered years for vehicles with odd-numbered model years; or
1636 (ii) in even-numbered years for vehicles with even-numbered model years.
1637 (10) (a) Except as provided in Subsections (9)(b), (c), and (d), the emissions inspection
1638 required under this section may be made no more than two months before the renewal of
1639 registration.
1640 (b) (i) If the title of a used motor vehicle is being transferred, the owner may use an
1641 emissions inspection certificate issued for the motor vehicle during the previous 11 months to
1642 satisfy the requirement under this section.
1643 (ii) If the transferor is a licensed and bonded used motor vehicle dealer, the owner may
1644 use an emissions inspection certificate issued for the motor vehicle in a licensed and bonded
1645 motor vehicle dealer's name during the previous 11 months to satisfy the requirement under
1646 this section.
1647 (c) If the title of a leased vehicle is being transferred to the lessee of the vehicle, the
1648 lessee may use an emissions inspection certificate issued during the previous 11 months to
1649 satisfy the requirement under this section.
1650 (d) If the motor vehicle is part of a fleet of 101 or more vehicles, the owner may not
1651 use an emissions inspection made more than 11 months before the renewal of registration to
1652 satisfy the requirement under this section.
1653 (e) If the application for renewal of registration is for a six-month registration period
1654 under Section 41-1a-215.5, the owner may use an emissions inspection certificate issued during
1655 the previous eight months to satisfy the requirement under this section.
1656 (11) (a) A county identified in Subsection (1) shall collect information about and
1657 monitor the program.
1658 (b) A county identified in Subsection (1) shall supply this information to an appropriate
1659 legislative committee, as designated by the Legislative Management Committee, at times
1660 determined by the designated committee to identify program needs, including funding needs.
1661 (12) If approved by the county legislative body, a county that had an established
1662 emissions inspection fee as of January 1, 2002, may increase the established fee that an
1663 emissions inspection station may charge by $2.50 for each year that is exempted from
1664 emissions inspections under Subsection (9)(c) up to a $7.50 increase.
1665 (13) (a) Except as provided in Subsection 41-1a-1223(1)(c), a county identified in
1666 Subsection (1) may impose a local emissions compliance fee on each motor vehicle registration
1667 within the county in accordance with the procedures and requirements of Section 41-1a-1223.
1668 (b) A county that imposes a local emissions compliance fee may use revenues
1669 generated from the fee for the establishment and enforcement of an emissions inspection and
1670 maintenance program in accordance with the requirements of this section.
1671 (c) A county that imposes a local emissions compliance fee may use revenues
1672 generated from the fee to promote programs to maintain a local, state, or national ambient air
1673 quality standard.
1674 (14) (a) If a county has reason to believe that a vehicle owner has provided an address
1675 as required in Section 41-1a-209 to register or attempt to register a motor vehicle in a county
1676 other than the county of the bona fide residence of the owner in order to avoid an emissions
1677 inspection required under this section, the county may investigate and gather evidence to
1678 determine whether the vehicle owner has used a false address or an address other than the
1679 vehicle owner's bona fide residence or place of business.
1680 (b) If a county conducts an investigation as described in Subsection (14)(a) and
1681 determines that the vehicle owner has used a false or improper address in an effort to avoid an
1682 emissions inspection as required in this section, the county may impose a civil penalty of
1683 $1,000.
1684 (15) A county legislative body described in Subsection (1) may exempt a motor vehicle
1685 from an emissions inspection if:
1686 (a) the motor vehicle is 30 years old or older;
1687 (b) the county determines that the motor vehicle was driven less than 1,500 miles
1688 during the preceding 12-month period; and
1689 (c) the owner provides to the county legislative body a statement signed by the owner
1690 that states the motor vehicle:
1691 (i) is primarily a collector's item used for:
1692 (A) participation in club activities;
1693 (B) exhibitions;
1694 (C) tours; or
1695 (D) parades; or
1696 (ii) is only used for occasional transportation.
1697 Section 32. Section 53-8-214 is amended to read:
1698 53-8-214. Creation of the Motor Vehicle Safety Impact Restricted Account.
1699 (1) There is created a restricted account within the General Fund known as the Motor
1700 Vehicle Safety Impact Restricted Account.
1701 (2) The account includes:
1702 (a) deposits made to the restricted account from registration fees as described in
1703 Subsection [
1704 (b) donations or deposits made to the account; and
1705 (c) any interest earned on the account.
1706 (3) Upon appropriation, the division may use funds in the account to improve motor
1707 vehicle safety, mitigate impacts, and enforce safety provisions, including the following:
1708 (a) hiring new Highway Patrol troopers;
1709 (b) payment of overtime for Highway Patrol troopers; and
1710 (c) acquisition of equipment to improve motor vehicle safety impacts and enforcement.
1711 (4) The division shall annually report to the Executive Offices and Criminal Justice
1712 Appropriations Subcommittee to justify expenditures and use of funds in the account.
1713 Section 33. Section 59-10-1319 is amended to read:
1714 59-10-1319. Contribution to Clean Air Fund.
1715 (1) (a) There is created an expendable special revenue fund known as the "Clean Air
1716 Fund."
1717 (b) The fund shall consist of all amounts deposited into the fund in accordance with
1718 Subsection (2).
1719 (2) (a) Except as provided in Section 59-10-1304, for a taxable year beginning on or
1720 after January 1, 2017, a resident or nonresident individual who files an individual income tax
1721 return under this chapter may designate on the resident or nonresident individual's individual
1722 income tax return a contribution as provided in this section to be:
1723 (i) deposited into the Clean Air Fund; and
1724 (ii) expended as provided in Subsection (3).
1725 (b) The fund shall also consist of amounts deposited into the fund through:
1726 [
1727 [
1728 [
1729 (3) (a) At least once each year, the commission shall disburse from the Clean Air Fund
1730 all money deposited into the fund since the last disbursement.
1731 (b) The commission shall disburse money under Subsection (3)(a) to the Division of
1732 Air Quality for the purpose of:
1733 (i) providing money for grants to individuals or organizations in the state to fund
1734 activities intended to improve air quality in the state;
1735 (ii) enhancing programs designed to educate the public about the importance of air
1736 quality to the health, well-being, and livelihood of individuals in the state; and
1737 (iii) pay the costs of issuing or reordering Clean Air Support special group license plate
1738 decals.
1739 Section 34. Section 62A-15-1103 is amended to read:
1740 62A-15-1103. Governor's Suicide Prevention Fund.
1741 (1) There is created an expendable special revenue fund known as the Governor's
1742 Suicide Prevention Fund.
1743 (2) The fund shall consist of donations [
1744 and bequests of real property or personal property made to the fund.
1745 (3) A donor to the fund may designate a specific purpose for the use of the donor's
1746 donation, if the designated purpose is described in Subsection (4).
1747 (4) (a) Subject to Subsection (3), money in the fund shall be used for the following
1748 activities:
1749 (i) efforts to directly improve mental health crisis response;
1750 (ii) efforts that directly reduce risk factors associated with suicide; and
1751 (iii) efforts that directly enhance known protective factors associated with suicide
1752 reduction.
1753 (b) Efforts described in Subsections (4)(a)(ii) and (iii) include the components of the
1754 state suicide prevention program described in Subsection 62A-15-1101(3).
1755 (5) The division shall establish a grant application and review process for the
1756 expenditure of money from the fund.
1757 (6) The grant application and review process shall describe:
1758 (a) requirements to complete a grant application;
1759 (b) requirements to receive funding;
1760 (c) criteria for the approval of a grant application;
1761 (d) standards for evaluating the effectiveness of a project proposed in a grant
1762 application; and
1763 (e) support offered by the division to complete a grant application.
1764 (7) The division shall:
1765 (a) review a grant application for completeness;
1766 (b) make a recommendation to the governor or the governor's designee regarding a
1767 grant application;
1768 (c) send a grant application to the governor or the governor's designee for evaluation
1769 and approval or rejection;
1770 (d) inform a grant applicant of the governor or the governor's designee's determination
1771 regarding the grant application; and
1772 (e) direct the fund administrator to release funding for grant applications approved by
1773 the governor or the governor's designee.
1774 (8) The state treasurer shall invest the money in the fund under Title 51, Chapter 7,
1775 State Money Management Act, except that all interest or other earnings derived from money in
1776 the fund shall be deposited into the fund.
1777 (9) Money in the fund may not be used for the Office of the Governor's administrative
1778 expenses that are normally provided for by legislative appropriation.
1779 (10) The governor or the governor's designee may authorize the expenditure of fund
1780 money in accordance with this section.
1781 (11) The governor shall make an annual report to the Legislature regarding the status of
1782 the fund, including a report on the contributions received, expenditures made, and programs
1783 and services funded.
1784 Section 35. Section 63G-26-103 is amended to read:
1785 63G-26-103. Protection of personal information.
1786 (1) Except as provided in Subsections (2), (3), and (5), a public agency may not:
1787 (a) require an individual to provide the public agency with personal information or
1788 otherwise compel the release of personal information;
1789 (b) require an entity exempt from federal income tax under Section 501(c) of the
1790 Internal Revenue Code to provide the public agency with personal information or compel the
1791 entity to release personal information;
1792 (c) release, publicize, or otherwise publicly disclose personal information in possession
1793 of a public agency; or
1794 (d) request or require a current or prospective contractor or grantee of the public
1795 agency to provide the public agency with a list of entities exempt from federal income tax
1796 under Section 501(c) of the Internal Revenue Code to which the contractor or grantee has
1797 provided financial or nonfinancial support.
1798 (2) Subsection (1) does not apply to:
1799 (a) a disclosure of personal information required under Title 20A, Election Code, Title
1800 36, Chapter 11, Lobbyist Disclosure and Regulation Act, or any other legal requirement
1801 relating to reporting campaign contributions, campaign expenditures, lobbying disclosures, or
1802 lobbying expenditures;
1803 (b) a disclosure of personal information expressly required by law;
1804 (c) a disclosure of personal information voluntarily made:
1805 (i) as part of public comment or in a public meeting; or
1806 (ii) in another manner that is publicly accessible;
1807 (d) a disclosure of personal information pursuant to a warrant or court order issued by a
1808 court of competent jurisdiction;
1809 (e) a lawful request for discovery of personal information in litigation or a criminal
1810 proceeding;
1811 (f) the use of personal information in a legal proceeding;
1812 (g) a public agency sharing personal information with another public agency in
1813 accordance with the requirements of law; or
1814 (h) a nonprofit created under Title 11, Chapter 13a, Governmental Nonprofit
1815 Corporations Act.
1816 (3) Subsections (1)(a), (b), and (d) do not apply to:
1817 (a) administration or enforcement of Title 13, Chapter 11, Utah Consumer Sales
1818 Practices Act, or Title 13, Chapter 22, Charitable Solicitations Act;
1819 (b) the request or use of personal information necessary to the State Tax Commission's
1820 administration of tax or motor vehicle laws; or
1821 (c) access to personal information by the Office of the Legislative Auditor General or
1822 the state auditor's office to conduct an audit.
1823 (4) A court shall consider whether to:
1824 (a) limit a request for discovery of personal information; or
1825 (b) issue a protective order in relation to the disclosure of personal information
1826 obtained or used in relation to a legal proceeding.
1827 (5) Subsection (1) does not apply to disclosure of a contributor[
1828
1829 terms are defined in Section 41-1a-1601.
1830 Section 36. Section 63I-1-241 is amended to read:
1831 63I-1-241. Repeal dates: Title 41.
1832 (1) Subsection [
1833 Injury Rehabilitation Fund, is repealed January 1, 2025.
1834 (2) Section 41-3-106, which creates an advisory board related to motor vehicle
1835 business regulation, is repealed July 1, 2024.
1836 (3) The following subsections addressing lane filtering are repealed on July 1, 2027:
1837 (a) Subsection 41-6a-102(31) that defines "lane filtering";
1838 (b) Subsection 41-6a-704(5); and
1839 (c) Subsection 41-6a-710(1)(c).
1840 (4) Subsection 41-6a-1406(6)(c)(iii), related to the Spinal Cord and Brain Injury
1841 Rehabilitation Fund, is repealed January 1, 2025.
1842 (5) Subsections 41-22-2(1) and 41-22-10(1)(a), which authorize an advisory council
1843 that includes in the advisory council's duties addressing off-highway vehicle issues, are
1844 repealed July 1, 2027.
1845 (6) Subsection 41-22-8(3), related to the Spinal Cord and Brain Injury Rehabilitation
1846 Fund, is repealed January 1, 2025.
1847 Section 37. Section 63I-1-263 is amended to read:
1848 63I-1-263. Repeal dates: Titles 63A to 63N.
1849 (1) Subsection 63A-5b-405(5), relating to prioritizing and allocating capital
1850 improvement funding, is repealed July 1, 2024.
1851 (2) Section 63A-5b-1003, State Facility Energy Efficiency Fund, is repealed July 1,
1852 2023.
1853 (3) Sections 63A-9-301 and 63A-9-302, related to the Motor Vehicle Review
1854 Committee, are repealed July 1, 2023.
1855 (4) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
1856 (a) Section 63A-18-102 is repealed;
1857 (b) Section 63A-18-201 is repealed; and
1858 (c) Section 63A-18-202 is repealed.
1859 (5) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
1860 1, 2028.
1861 (6) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
1862 2025.
1863 (7) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
1864 2024.
1865 (8) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
1866 repealed July 1, 2023.
1867 (9) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
1868 July 1, 2023.
1869 (10) Title 63C, Chapter 23, Education and Mental Health Coordinating Council, is
1870 repealed July 1, 2026.
1871 (11) Title 63C, Chapter 27, Cybersecurity Commission, is repealed July 1, 2032.
1872 (12) Title 63C, Chapter 28, Ethnic Studies Commission, is repealed July 1, 2026.
1873 (13) Section 63G-6a-805, which creates the Purchasing from Persons with Disabilities
1874 Advisory Board, is repealed July 1, 2026.
1875 (14) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
1876 2028.
1877 (15) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
1878 2024.
1879 (16) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
1880 [
1881
1882 [
1883 Marriage Commission, is repealed July 1, 2023.
1884 [
1885 repealed July 1, 2022.
1886 [
1887 Commission, is repealed January 1, 2025.
1888 [
1889 Committee, is repealed July 1, 2027.
1890 [
1891 on January 1, 2033:
1892 (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
1893 repealed;
1894 (b) Section 63M-7-305, the language that states "council" is replaced with
1895 "commission";
1896 (c) Subsection 63M-7-305(1)(a) is repealed and replaced with:
1897 "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
1898 (d) Subsection 63M-7-305(2) is repealed and replaced with:
1899 "(2) The commission shall:
1900 (a) provide ongoing oversight of the implementation, functions, and evaluation of the
1901 Drug-Related Offenses Reform Act; and
1902 (b) coordinate the implementation of Section 77-18-104 and related provisions in
1903 Subsections 77-18-103(2)(c) and (d).".
1904 [
1905 63M-7-504, is repealed July 1, 2027.
1906 [
1907 2026.
1908 [
1909 repealed January 1, 2025.
1910 [
1911 [
1912 July 1, 2028.
1913 [
1914 repealed July 1, 2027.
1915 [
1916 Program, is repealed July 1, 2025.
1917 [
1918 (a) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed;
1919 and
1920 (b) Subsection 63N-4-805(5)(b), referring to the Rural Employment Expansion
1921 Program, is repealed.
1922 [
1923 (a) Subsection 63N-2-511(1)(b), which defines "tourism board," is repealed;
1924 (b) Subsections 63N-2-511(3)(a) and (5), the language that states "tourism board" is
1925 repealed and replaced with "Utah Office of Tourism";
1926 (c) Subsection 63N-7-101(1), which defines "board," is repealed;
1927 (d) Subsection 63N-7-102(3)(c), which requires the Utah Office of Tourism to receive
1928 approval from the Board of Tourism Development, is repealed; and
1929 (e) Title 63N, Chapter 7, Part 2, Board of Tourism Development, is repealed.
1930 [
1931 Economic Opportunity to issue an amount of tax credit certificates only for rural productions,
1932 is repealed on July 1, 2024.
1933 Section 38. Section 63I-2-204 is amended to read:
1934 63I-2-204. Repeal dates: Title 4.
1935 (1) Title 4, Chapter 2, Part 6, Local Food Advisory Council, is repealed November 30,
1936 2027.
1937 (2) Title 4, Chapter 42, Utah Intracurricular Student Organization Support for
1938 Agricultural Education and Leadership, is repealed on July 1, 2024.
1939 [
1940 Section 39. Section 63I-2-209 is amended to read:
1941 63I-2-209. Repeal dates: Title 9.
1942 (1) Section 9-9-112, Bears Ears Visitor Center Advisory Committee, is repealed
1943 December 31, 2024.
1944 (2) Title 9, Chapter 6, Part 9, COVID-19 Cultural Assistance Grant Program, is
1945 repealed June 30, 2021.
1946 (3) Title 9, Chapter 17, Humanitarian Service and Educational and Cultural Exchange
1947 Restricted Account Act, is repealed on July 1, 2024.
1948 (4) Title 9, Chapter 18, Martin Luther King, Jr. Civil Rights Support Restricted
1949 Account Act, is repealed on July 1, 2024.
1950 (5) Title 9, Chapter 19, National Professional Men's Soccer Team Support of Building
1951 Communities Restricted Account Act, is repealed on July 1, 2024.
1952 Section 40. Section 63I-2-213 is amended to read:
1953 63I-2-213. Repeal dates: Title 13.
1954 (1) Section 13-1-16 is repealed on July 1, 2024.
1955 (2) Title 13, Chapter 47, Private Employer Verification Act, is repealed on the program
1956 start date, as defined in Section 63G-12-102.
1957 Section 41. Section 63I-2-219 is amended to read:
1958 63I-2-219. Repeal dates: Title 19.
1959 (1) Section 19-1-109 is repealed on July 1, 2024.
1960 [
1961 Panel, are repealed July 1, 2023.
1962 [
1963 emission reduction program, is repealed July 1, 2024.
1964 Section 42. Section 63I-2-223 is amended to read:
1965 63I-2-223. Repeal dates: Title 23.
1966 Section 23-14-13.5 is repealed on July 1, 2024.
1967 Section 43. Section 63I-2-226 is amended to read:
1968 63I-2-226. Repeal dates: Title 26 through 26B.
1969 (1) Subsection 26-2-12.6(3), relating to the report for birth certificate fees, is repealed
1970 December 31, 2022.
1971 (2) Subsection 26-7-8(3) is repealed January 1, 2027.
1972 (3) Section 26-8a-107 is repealed July 1, 2024.
1973 (4) Subsection 26-8a-203(3)(a)(i) is repealed January 1, 2023.
1974 (5) Section 26-8a-211 is repealed July 1, 2023.
1975 (6) In relation to the Air Ambulance Committee, on July 1, 2024, Subsection
1976 26-8a-602(1)(a) is amended to read:
1977 "(a) provide the patient or the patient's representative with the following information
1978 before contacting an air medical transport provider:
1979 (i) which health insurers in the state the air medical transport provider contracts with;
1980 (ii) if sufficient data is available, the average charge for air medical transport services
1981 for a patient who is uninsured or out of network; and
1982 (iii) whether the air medical transport provider balance bills a patient for any charge not
1983 paid by the patient's health insurer; and".
1984 (7) Subsection 26-18-2.4(3)(e) is repealed January 1, 2023.
1985 (8) Subsection 26-18-411(8), related to reporting on the health coverage improvement
1986 program, is repealed January 1, 2023.
1987 (9) Subsection 26-18-420(5), related to reporting on coverage for in vitro fertilization
1988 and genetic testing, is repealed July 1, 2030.
1989 (10) In relation to the Air Ambulance Committee, July 1, 2024, Subsection
1990 26-21-32(1)(a) is amended to read:
1991 "(a) provide the patient or the patient's representative with the following information
1992 before contacting an air medical transport provider:
1993 (i) which health insurers in the state the air medical transport provider contracts with;
1994 (ii) if sufficient data is available, the average charge for air medical transport services
1995 for a patient who is uninsured or out of network; and
1996 (iii) whether the air medical transport provider balance bills a patient for any charge not
1997 paid by the patient's health insurer; and".
1998 (11) Section 26-21a-302 is repealed on July 1, 2024.
1999 (12) Section 26-21a-304 is repealed on July 1, 2024.
2000 [
2001 [
2002 Program, is repealed July 1, 2027.
2003 (15) Section 26-58-102 is repealed on July 1, 2024.
2004 [
2005 [
2006 [
2007 repealed July 1, 2024.
2008 (19) Section 26B-1-302 is repealed on July 1, 2024.
2009 Section 44. Section 63I-2-253 is amended to read:
2010 63I-2-253. Repeal dates: Titles 53 through 53G.
2011 (1) Section 53-1-118 is repealed on July 1, 2024.
2012 (2) Section 53-1-120 is repealed on July 1, 2024.
2013 (3) Section 53-7-109 is repealed on July 1, 2024.
2014 [
2015 technical college board of trustees, is repealed July 1, 2022.
2016 (b) When repealing Subsection 53B-2a-108(5), the Office of Legislative Research and
2017 General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
2018 necessary changes to subsection numbering and cross references.
2019 [
2020 [
2021 repealed July 1, 2023.
2022 [
2023 [
2024 repealed on July 1, 2023:
2025 (a) in Subsection 53B-8-105(12), the language that states, "or any scholarship
2026 established under Sections 53B-8-202 through 53B-8-205";
2027 (b) Section 53B-8-202;
2028 (c) Section 53B-8-203;
2029 (d) Section 53B-8-204; and
2030 (e) Section 53B-8-205.
2031 [
2032 [
2033 repealed July 1, 2023.
2034 [
2035 Interpretation and Translation Services Procurement Advisory Council is repealed July 1, 2024.
2036 [
2037 Subcommittee evaluation and recommendations, is repealed January 1, 2024.
2038 [
2039 July 1, 2024.
2040 [
2041 Education's duties if contributions from the minimum basic tax rate are overestimated or
2042 underestimated, the language that states "or 53F-2-301.5, as applicable" is repealed July 1,
2043 2023.
2044 [
2045 is repealed July 1, 2024.
2046 [
2047 repealed July 1, 2023.
2048 [
2049 Program, is repealed July 1, 2023.
2050 [
2051 at-risk WPU add-on funding and previous at-risk funding, is repealed January 1, 2024.
2052 [
2053 is repealed July 1, 2024.
2054 [
2055 applicable" is repealed July 1, 2023.
2056 [
2057 enrollment in kindergarten, is repealed July 1, 2022.
2058 [
2059 in Subsection (4)(d)" is repealed July 1, 2022.
2060 [
2061 [
2062 applicable" is repealed July 1, 2023.
2063 [
2064 applicable" is repealed July 1, 2023.
2065 [
2066 applicable" is repealed July 1, 2023.
2067 [
2068 as applicable" is repealed July 1, 2023.
2069 (28) Section 53F-9-401 is repealed on July 1, 2024.
2070 (29) Section 53F-9-403 is repealed on July 1, 2024.
2071 [
2072 Legislative Research and General Counsel shall, in addition to the office's authority under
2073 Subsection 36-12-12(3), make corrections necessary to ensure that sections and subsections
2074 identified in this section are complete sentences and accurately reflect the office's perception of
2075 the Legislature's intent.
2076 Section 45. Section 63I-2-261 is amended to read:
2077 63I-2-261. Repeal dates: Title 61.
2078 Section 61-2-204 is repealed on July 1, 2024.
2079 Section 46. Section 63I-2-263 is amended to read:
2080 63I-2-263. Repeal dates: Title 63A to Title 63N.
2081 (1) Title 63A, Chapter 2, Part 5, Educational Interpretation and Translation Services
2082 Procurement Advisory Council is repealed July 1, 2025.
2083 (2) Section 63A-17-303 is repealed July 1, 2023.
2084 (3) Subsection 63A-17-304(1)(c) is repealed July 1, 2022.
2085 (4) Title 63C, Chapter 22, Digital Wellness, Citizenship, and Safe Technology
2086 Commission is repealed July 1, 2023.
2087 (5) Section 63G-1-502 is repealed July 1, 2022.
2088 (6) The following sections regarding the World War II Memorial Commission are
2089 repealed July 1, 2022:
2090 (a) Section 63G-1-801;
2091 (b) Section 63G-1-802;
2092 (c) Section 63G-1-803; and
2093 (d) Section 63G-1-804.
2094 [
2095
2096 [
2097 [
2098 safety communications network, is repealed July 1, 2033.
2099 [
2100 Commission for property tax deferral reimbursements, is repealed July 1, 2027.
2101 [
2102 [
2103 [
2104 taxable year as the targeted business income tax credit, is repealed December 31, 2024.
2105 [
2106 Enterprise Zone, is repealed December 31, 2024.
2107 Section 47. Section 63I-2-272 is amended to read:
2108 63I-2-272. Repeal dates: Title 72.
2109 (1) Subsections 72-1-213.1(13)(a) and (b), related to the road usage charge rate and
2110 road usage charge cap, are repealed January 1, 2033.
2111 (2) Section 72-1-216.1 is repealed January 1, 2023.
2112 (3) Section 72-2-127 is repealed on July 1, 2024.
2113 (4) Section 72-2-130 is repealed on July 1, 2024.
2114 [
2115 Section 48. Section 63I-2-278 is amended to read:
2116 63I-2-278. Repeal dates: Title 78A and Title 78B.
2117 (1) Section 78A-2-804 is repealed on July 1, 2024.
2118 [
2119 Unfiltered Devices, is not in effect before January 1, 2031, Title 78B, Chapter 6, Part 22, Cause
2120 of Action to Protect Minors from Unfiltered Devices, is repealed January 1, 2031.
2121 [
2122 Section 49. Section 63I-2-279 is amended to read:
2123 63I-2-279. Repeal dates: Title 79.
2124 (1) Section 79-2-206, Transition, is repealed July 1, 2024.
2125 (2) Title 79, Chapter 6, Part 8, Voluntary Home Energy Information Pilot Program Act,
2126 is repealed January 1, 2022.
2127 (3) Section 79-7-303 is repealed on July 1, 2024.
2128 Section 50. Section 63I-2-280 is enacted to read:
2129 63I-2-280. Repeal dates: Title 80.
2130 Section 80-2-502 is repealed on July 1, 2024.
2131 Section 51. Section 63J-1-602.1 is amended to read:
2132 63J-1-602.1. List of nonlapsing appropriations from accounts and funds.
2133 Appropriations made from the following accounts or funds are nonlapsing:
2134 [
2135
2136 [
2137 9-9-407.
2138 [
2139
2140 [
2141
2142 [
2143 Section 11-42a-106.
2144 [
2145 11-58-105.
2146 [
2147 [
2148 [
2149 in Section 19-2a-106.
2150 [
2151 created in Section 19-5-126.
2152 [
2153
2154 [
2155 under Section 24-4-117.
2156 [
2157 incurred in responding to a local health emergency under Section 26-1-38.
2158 [
2159
2160 [
2161 Program as provided in Section 26-40-108.
2162 [
2163
2164 [
2165 31A-3-104.
2166 [
2167 31A-3-105.
2168 [
2169 except to the extent that Section 31A-3-304 makes the money received under that section free
2170 revenue.
2171 [
2172 31A-23a-415.
2173 [
2174 Section 31A-30-115.
2175 [
2176 31A-31-108.
2177 [
2178 Restricted Account created in Section 32B-2-306.
2179 [
2180 Restricted Account created in Section 32B-2-308.
2181 [
2182 [
2183 certain products or services, as provided in Section 35A-13-202.
2184 [
2185 40-6-11.
2186 [
2187 [
2188 40-6-23.
2189 [
2190 41-1a-121 to the Motor Vehicle Division.
2191 (23) The License Plate Restricted Account created by Section 41-1a-122 to the Motor
2192 Vehicle Division.
2193 [
2194 Account created by Section 41-3-110 to the State Tax Commission.
2195 [
2196
2197 [
2198 Emergency Management, as provided in Section 53-2a-603.
2199 [
2200 Section 53-2a-1302.
2201 [
2202 Public Safety, as provided in Section 53-3-106.
2203 [
2204 Section 53-8-303.
2205 [
2206 [
2207 [
2208 53B-2a-118.
2209 [
2210 53B-22-202.
2211 [
2212 School Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
2213 [
2214 54-5-1.5, subject to Subsection 54-5-1.5(4)(d).
2215 [
2216 access to an electronic reference library, as provided in Section 58-3a-105.
2217 [
2218 violation of unlawful or unprofessional conduct that are used for education and enforcement
2219 purposes, as provided in Section 58-17b-505.
2220 [
2221 access to an electronic reference library, as provided in Section 58-22-104.
2222 [
2223 access to an electronic reference library, as provided in Section 58-55-106.
2224 [
2225 access to an electronic reference library, as provided in Section 58-56-3.5.
2226 [
2227 education and enforcement of the Security Personnel Licensing Act, as provided in Section
2228 58-63-103.
2229 [
2230 [
2231 [
2232 background check for a mortgage loan license, as provided in Section 61-2c-202.
2233 [
2234 background check for principal broker, associate broker, and sales agent licenses, as provided
2235 in Section 61-2f-204.
2236 [
2237 provided in Section 26B-1-202.
2238 [
2239
2240 [
2241 provided in Section 80-2-404.
2242 [
2243
2244 [
2245 provided in Section 63G-3-402.
2246 [
2247 [
2248 provided in Section 63H-1-504.
2249 [
2250 63H-7a-303.
2251 [
2252 63H-7a-304.
2253 [
2254 63H-7a-403.
2255 [
2256 63N-6-204.
2257 [
2258 [
2259 Commission, as provided under Section 63N-10-301.
2260 [
2261 inmates, as provided in Subsection 64-13e-104(2).
2262 [
2263 Fire, and State Lands, as provided in Section 65A-8-103.
2264 [
2265 72-16-204.
2266 [
2267 fines or bonds, as provided in Section 73-3-25.
2268 [
2269 Section 73-23-2.
2270 [
2271 Subsection 78A-6-203(1)(c).
2272 [
2273 [
2274 78B-6-141, 78B-6-144, and 78B-6-144.5.
2275 [
2276 Part 4, Utah Indigent Defense Commission.
2277 [
2278 created in Section 79-3-403.
2279 [
2280 State Park, and Green River State Park, as provided under Section 79-4-403.
2281 [
2282
2283
2284 [
2285 disposal of buffalo, as provided under Section 79-4-1001.
2286 Section 52. Section 63J-1-602.2 is amended to read:
2287 63J-1-602.2. List of nonlapsing appropriations to programs.
2288 Appropriations made to the following programs are nonlapsing:
2289 (1) The Legislature and the Legislature's committees.
2290 (2) The State Board of Education, including all appropriations to agencies, line items,
2291 and programs under the jurisdiction of the State Board of Education, in accordance with
2292 Section 53F-9-103.
2293 (3) The Percent-for-Art Program created in Section 9-6-404.
2294 (4) The LeRay McAllister Critical Land Conservation Program created in Section
2295 4-46- 301.
2296 (5) The Utah Lake Authority created in Section 11-65-201.
2297 (6) Dedicated credits accrued to the Utah Marriage Commission as provided under
2298 Subsection 17-16-21(2)(d)(ii).
2299 (7) The Division of Wildlife Resources for the appraisal and purchase of lands under
2300 the Pelican Management Act, as provided in Section 23-21a-6.
2301 (8) The Emergency Medical Services Grant Program in Section 26-8a-207.
2302 (9) The primary care grant program created in Section 26-10b-102.
2303 (10) Sanctions collected as dedicated credits from Medicaid providers under
2304 Subsection 26-18-3(7).
2305 (11) The Utah Health Care Workforce Financial Assistance Program created in Section
2306 26-46-102.
2307 (12) The Rural Physician Loan Repayment Program created in Section 26-46a-103.
2308 (13) The Opiate Overdose Outreach Pilot Program created in Section 26-55-107.
2309 (14) The Utah Medical Education Council for the:
2310 (a) administration of the Utah Medical Education Program created in Section
2311 26-69-403;
2312 (b) provision of medical residency grants described in Section 26-69-407; and
2313 (c) provision of the forensic psychiatric fellowship grant described in Section
2314 26-69-408.
2315 (15) Funds that the Department of Alcoholic Beverage Services retains in accordance
2316 with Subsection 32B-2-301(8)(a) or (b).
2317 (16) The General Assistance program administered by the Department of Workforce
2318 Services, as provided in Section 35A-3-401.
2319 (17) The Utah National Guard, created in [
2320 National Guard and Militia Act.
2321 [
2322 [
2323 [
2324 [
2325 Section 53-2a-1102.
2326 [
2327 [
2328 provided in Section 53B-6-104.
2329 [
2330 Subsection 53G-10-608(6).
2331 [
2332 Section 62A-5-102.
2333 [
2334 storage tanks under Section 63A-9-401.
2335 [
2336 [
2337 under Section 63A-16-903.
2338 [
2339 63G-3-402.
2340 [
2341 Colorado River Authority of Utah Act.
2342 [
2343 Zone Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
2344 [
2345 Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural Employment
2346 Expansion Program.
2347 [
2348 65A-2-8.
2349 [
2350 provided in Section 63A-17-106.
2351 [
2352 fund, as provided in Section 69-2-301.
2353 [
2354 [
2355 Account to the Division of Water Rights, created in Section 73-2-1.1, for purposes of
2356 participating in a settlement of federal reserved water right claims.
2357 [
2358 in Section 77-10a-19.
2359 [
2360 78A-6-210.
2361 [
2362 [
2363 [
2364 and 78B-6-144.5.
2365 [
2366 Defense Commission.
2367 [
2368 Management under Section 63A-5b-703 under which state agencies receive an appropriation
2369 and pay lease payments for the use and occupancy of buildings owned by the Division of
2370 Facilities Construction and Management.
2371 [
2372 taxes in accordance with Section 59-2-1802.
2373 Section 53. Section 71-8-2 is amended to read:
2374 71-8-2. Department of Veterans and Military Affairs created -- Appointment of
2375 executive director -- Department responsibilities.
2376 (1) There is created the Department of Veterans and Military Affairs.
2377 (2) The governor shall appoint an executive director for the department, after
2378 consultation with the Veterans Advisory Council, who is subject to Senate confirmation.
2379 (a) The executive director shall be an individual who:
2380 (i) has served on active duty in the armed forces for more than 180 consecutive days;
2381 (ii) was a member of a reserve component who served in a campaign or expedition for
2382 which a campaign medal has been authorized; or
2383 (iii) incurred an actual service-related injury or disability in the line of duty, whether or
2384 not that person completed 180 consecutive days of active duty; and
2385 (iv) was separated or retired under honorable conditions.
2386 (b) Any veteran or veterans group may submit names to the council for consideration.
2387 (3) The department shall:
2388 (a) conduct and supervise all veteran activities as provided in this title;
2389 [
2390
2391 [
2392
2393 [
2394
2395 [
2396 Rulemaking Act, to carry out the provisions of this title; and
2397 [
2398 employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
2399 22, State Training and Certification Requirements, if the training or certification is required:
2400 (i) under this title;
2401 (ii) by the department; or
2402 (iii) by an agency or division within the department.
2403 (4) (a) The department may award grants for the purpose of supporting veteran and
2404 military outreach, employment, education, healthcare, homelessness prevention, and
2405 recognition events.
2406 (b) The department may award a grant described in Subsection (4)(a) to:
2407 (i) an institution of higher education listed in Section 53B-1-102;
2408 (ii) a nonprofit organization involved in veterans or military-related activities; or
2409 (iii) a political subdivision of the state.
2410 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2411 department shall make rules for the administration of grants, including establishing:
2412 (i) the form and process for submitting an application to the department;
2413 (ii) the method and criteria for selecting a grant recipient;
2414 (iii) the method and formula for determining a grant amount; and
2415 (iv) the reporting requirements of a grant recipient.
2416 (d) A grant may be awarded by the department only after consultation with the
2417 Veterans Advisory Council.
2418 (5) Nothing in this chapter shall be construed as altering or preempting the provisions
2419 of [
2420 related to the Utah National Guard.
2421 Section 54. Section 71-8-4 is amended to read:
2422 71-8-4. Veterans Advisory Council -- Membership -- Duties and responsibilities --
2423 Per diem and travel expenses.
2424 (1) There is created a Veterans Advisory Council whose purpose is to advise the
2425 executive director of the Department of Veterans and Military Affairs on issues relating to
2426 veterans.
2427 (2) The council shall consist of the following 14 members:
2428 (a) 11 voting members to serve four-year terms:
2429 (i) seven veterans at large appointed by the governor;
2430 (ii) the commander or the commander's designee, whose terms shall last for as long as
2431 they hold that office, from each of the following organizations:
2432 (A) Veterans of Foreign Wars;
2433 (B) American Legion; and
2434 (C) Disabled American Veterans; and
2435 (iii) a representative from the Office of the Governor; and
2436 (b) three nonvoting members:
2437 (i) the executive director of the Department of Veterans and Military Affairs;
2438 (ii) the director of the VA Health Care System or his designee; and
2439 (iii) the director of the VA Benefits Administration Regional Office in Salt Lake City,
2440 or his designee.
2441 (3) (a) Except as required by Subsection (3)(b), as terms of current council members
2442 expire, the governor shall appoint each new or reappointed member to a four-year term
2443 commencing on July 1.
2444 (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
2445 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
2446 council members are staggered so that approximately half of the members appointed by the
2447 governor are appointed every two years.
2448 (4) When a vacancy occurs in the membership for any reason, the governor shall
2449 appoint a replacement for the unexpired term within 60 days of receiving notice.
2450 (5) Members appointed by the governor may not serve more than three consecutive
2451 terms.
2452 (6) (a) Any veterans group or veteran may provide the executive director with a list of
2453 recommendations for members on the council.
2454 (b) The executive director shall provide the governor with the list of recommendations
2455 for members to be appointed to the council.
2456 (c) The governor shall make final appointments to the council by June 30 of any year in
2457 which appointments are to be made under this chapter.
2458 (7) The council shall elect a chair and vice chair from among the council members
2459 every two years. The chair and vice chair shall each be an individual who:
2460 (a) has served on active duty in the armed forces for more than 180 consecutive days;
2461 (b) was a member of a reserve component who served in a campaign or expedition for
2462 which a campaign medal has been authorized; or
2463 (c) incurred an actual service-related injury or disability in the line of duty, whether or
2464 not that person completed 180 consecutive days of active duty; and
2465 (d) was separated or retired under honorable conditions.
2466 (8) (a) The council shall meet at least once every quarter.
2467 (b) The executive director of the Department of Veterans and Military Affairs may
2468 convene additional meetings, as necessary.
2469 (9) The department shall provide staff to the council.
2470 (10) Six voting members are a quorum for the transaction of business.
2471 (11) The council shall:
2472 (a) solicit input concerning veterans issues from veterans' groups throughout the state;
2473 (b) report issues received to the executive director of the Department of Veterans and
2474 Military Affairs and make recommendations concerning them;
2475 (c) keep abreast of federal developments that affect veterans locally and advise the
2476 executive director of them;
2477 (d) approve, by a majority vote, the use of money generated from veterans license
2478 plates under Section [
2479 (e) assist the director in developing guidelines and qualifications for:
2480 (i) participation by donors and recipients in the Veterans Assistance Registry created in
2481 Section 71-12-101; and
2482 (ii) developing a process for providing contact information between qualified donors
2483 and recipients.
2484 (12) A member may not receive compensation or benefits for the member's service, but
2485 may receive per diem and travel expenses in accordance with:
2486 (a) Section 63A-3-106;
2487 (b) Section 63A-3-107; and
2488 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2489 63A-3-107.
2490 Section 55. Section 79-4-402 is amended to read:
2491 79-4-402. State Park Fees Restricted Account.
2492 (1) There is created within the General Fund a restricted account known as the State
2493 Park Fees Restricted Account.
2494 (2) (a) Except as provided in Subsection (2)(b), the account shall consist of revenue
2495 from:
2496 [
2497 [
2498 [
2499 79-4-1001(2)(b); and
2500 [
2501 (b) The account shall not include revenue the division receives under Section 79-4-403
2502 and Subsection 79-4-1001(2)(a).
2503 (3) The division shall use funds in this account for the purposes described in Section
2504 79-4-203.
2505 Section 56. Section 79-7-203 is amended to read:
2506 79-7-203. Powers and duties of division.
2507 (1) As used in this section, "real property" includes land under water, upland, and all
2508 other property commonly or legally defined as real property.
2509 (2) The Division of Wildlife Resources shall retain the power and jurisdiction
2510 conferred upon the Division of Wildlife Resources by law on property controlled by the
2511 division with reference to fish and game.
2512 (3) For purposes of property controlled by the division, the division shall permit
2513 multiple uses of the property for purposes such as grazing, fishing, hunting, camping, mining,
2514 and the development and use of water and other natural resources.
2515 (4) (a) The division may acquire real and personal property in the name of the state by
2516 legal and proper means, including purchase, gift, devise, eminent domain, lease, exchange, or
2517 otherwise, subject to the approval of the executive director and the governor.
2518 (b) In acquiring real or personal property, the credit of the state may not be pledged
2519 without the consent of the Legislature.
2520 (5) (a) Before acquiring any real property, the division shall notify the county
2521 legislative body of the county where the property is situated of the division's intention to
2522 acquire the property.
2523 (b) If the county legislative body requests a hearing within 10 days of receipt of the
2524 notice, the division shall hold a public hearing in the county concerning the matter.
2525 (6) Acceptance of gifts or devises of land or other property is at the discretion of the
2526 division, subject to the approval of the executive director and the governor.
2527 (7) The division shall acquire property by eminent domain in the manner authorized by
2528 Title 78B, Chapter 6, Part 5, Eminent Domain.
2529 (8) (a) The division may make charges for special services and use of facilities, the
2530 income from which is available for recreation purposes.
2531 (b) The division may conduct and operate those services necessary for the comfort and
2532 convenience of the public.
2533 (9) (a) The division may lease or rent concessions of lawful kinds and nature on
2534 property to persons, partnerships, and corporations for a valuable consideration after notifying
2535 the commission.
2536 (b) The division shall comply with Title 63G, Chapter 6a, Utah Procurement Code, in
2537 selecting concessionaires.
2538 (10) The division shall proceed without delay to negotiate with the federal government
2539 concerning the Weber Basin and other recreation and reclamation projects.
2540 (11) (a) The division shall coordinate with and annually report to the following
2541 regarding land acquisition and development and grants administered under this chapter or
2542 Chapter 8, Outdoor Recreation Grants:
2543 (i) the Division of State Parks; and
2544 (ii) the Office of Rural Development.
2545 (b) The report required under Subsection (11)(a) shall be in writing, made public, and
2546 include a description and the amount of any grant awarded under this chapter or Chapter 8,
2547 Outdoor Recreation Grants.
2548 (12) The division shall:
2549 (a) coordinate outdoor recreation policy, management, and promotion:
2550 (i) among state and federal agencies and local government entities in the state;
2551 (ii) with the Public Lands Policy Coordinating Office created in Section 63L-11-201, if
2552 public land is involved; and
2553 (iii) on at least a quarterly basis, with the executive director and the executive director
2554 of the Governor's Office of Economic Opportunity;
2555 (b) in cooperation with the Governor's Office of Economic Opportunity, promote
2556 economic development in the state by:
2557 (i) coordinating with outdoor recreation stakeholders;
2558 (ii) improving recreational opportunities; and
2559 (iii) recruiting outdoor recreation business;
2560 (c) promote all forms of outdoor recreation, including motorized and nonmotorized
2561 outdoor recreation;
2562 (d) recommend to the governor and Legislature policies and initiatives to enhance
2563 recreational amenities and experiences in the state and help implement those policies and
2564 initiatives;
2565 (e) in performing the division's duties, seek to ensure safe and adequate access to
2566 outdoor recreation for all user groups and for all forms of recreation;
2567 (f) develop data regarding the impacts of outdoor recreation in the state; and
2568 (g) promote the health and social benefits of outdoor recreation, especially to young
2569 people.
2570 (13) By following Title 63J, Chapter 5, Federal Funds Procedures Act, the division
2571 may:
2572 (a) seek federal grants or loans;
2573 (b) seek to participate in federal programs; and
2574 (c) in accordance with applicable federal program guidelines, administer federally
2575 funded outdoor recreation programs.
2576 [
2577
2578 Section 57. Section 79-7-303 is amended to read:
2579 79-7-303. Zion National Park Support Programs Restricted Account.
2580 (1) There is created within the General Fund the "Zion National Park Support
2581 Programs Restricted Account."
2582 (2) The Zion National Park Support Programs Restricted Account shall be funded by:
2583 [
2584
2585 [
2586 [
2587 (3) The Legislature shall appropriate money in the Zion National Park Support
2588 Programs Restricted Account to the division.
2589 (4) The division may expend up to 10% of the money appropriated under Subsection
2590 (3) to administer account distributions in accordance with Subsections (5) and (6).
2591 (5) The division shall distribute contributions to one or more organizations that:
2592 (a) are exempt from federal income taxation under Section 501(c)(3), Internal Revenue
2593 Code;
2594 (b) operate under a written agreement with the National Park Service to provide
2595 interpretive, educational, and research activities for the benefit of Zion National Park;
2596 (c) produce and distribute educational and promotional materials on Zion National
2597 Park;
2598 (d) conduct educational courses on the history and ecosystem of the greater Zion
2599 Canyon area; and
2600 (e) provide other programs that enhance visitor appreciation and enjoyment of Zion
2601 National Park.
2602 (6) (a) An organization described in Subsection (5) may apply to the division to receive
2603 a distribution in accordance with Subsection (5).
2604 (b) An organization that receives a distribution from the division in accordance with
2605 Subsection (5) shall expend the distribution only to:
2606 (i) produce and distribute educational and promotional materials on Zion National
2607 Park;
2608 (ii) conduct educational courses on the history and ecosystem of the greater Zion
2609 Canyon area; and
2610 (iii) provide other programs that enhance visitor appreciation and enjoyment of Zion
2611 National Park.
2612 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
2613 after notifying the commission, the division may make rules providing procedures and
2614 requirements for an organization to apply to the division to receive a distribution under
2615 Subsection (5).
2616 Section 58. Repealer.
2617 This bill repeals:
2618 Section 41-1a-421, Honor special group license plates -- Personal identity
2619 requirements.
2620 Section 41-1a-422, Support special group license plates -- Contributor -- Voluntary
2621 contribution collection procedures.
2622 Section 59. Effective date.
2623 This bill takes effect on January 1, 2024.
2624 Section 60. Coordinating H.B. 26 with H.B. 55 -- Substantive and technical
2625 amendments.
2626 If this H.B. 26 and H.B. 55, Off-highway Vehicle Registration Amendments, both pass
2627 and become law, it is the intent of the Legislature that the Office of Legislative Research and
2628 General Counsel shall prepare the Utah Code database for publication on January 1, 2024, by
2629 amending Subsection 41-22-19(5)(c) in H.B. 55 to read:
2630 "(c) The Motor Vehicle Division shall deposit the fee described in Subsection (5)(a)
2631 into the License Plate Restricted Account created under Section 41-1a-122.".