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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 ▸ establishes eligibility criteria for different categories of sponsored special group
18 license plates;
19 ▸ allows a county to exempt a motor vehicle from an emissions inspection under
20 certain circumstances;
21 ▸ creates a restricted account to administer existing fees related to license plates and
22 vehicle registration;
23 ▸ repeals certain restricted accounts and other provisions related to license plate
24 issuance and administration; and
25 ▸ makes technical and conforming changes.
26 Money Appropriated in this Bill:
27 None
28 Other Special Clauses:
29 This bill provides a special effective date.
30 This bill provides a coordination clause.
31 Utah Code Sections Affected:
32 AMENDS:
33 9-8-207, as last amended by Laws of Utah 2018, Chapter 260
34 26-18b-101, as last amended by Laws of Utah 2021, Chapter 378
35 26-54-102, as last amended by Laws of Utah 2019, Chapter 405
36 41-1a-102, as last amended by Laws of Utah 2022, Chapters 92, 180
37 41-1a-222, as last amended by Laws of Utah 2017, Chapter 24
38 41-1a-226, as last amended by Laws of Utah 2022, Chapter 259
39 41-1a-401, as last amended by Laws of Utah 2022, Chapter 259
40 41-1a-416, as last amended by Laws of Utah 2008, Chapter 382
41 41-1a-419, as last amended by Laws of Utah 2018, Chapter 260
42 41-1a-1201, as last amended by Laws of Utah 2022, Chapter 259
43 41-1a-1204, as last amended by Laws of Utah 2012, Chapter 397
44 41-1a-1206, as last amended by Laws of Utah 2022, Chapters 56, 259
45 41-1a-1211, as last amended by Laws of Utah 2015, Chapter 119
46 41-1a-1212, as last amended by Laws of Utah 2014, Chapters 61, 237 and 237
47 41-1a-1218, as last amended by Laws of Utah 2012, Chapter 397
48 41-1a-1222, as last amended by Laws of Utah 2021, Chapter 420
49 41-1a-1305, as last amended by Laws of Utah 2020, Chapter 74
50 41-6a-1642, as last amended by Laws of Utah 2022, Chapters 160, 259
51 53-8-214, as enacted by Laws of Utah 2017, Chapter 406
52 59-10-1319, as last amended by Laws of Utah 2020, Chapter 322
53 62A-15-1103, as last amended by Laws of Utah 2022, Chapters 19, 149
54 63G-26-103, as enacted by Laws of Utah 2020, Chapter 393
55 63I-1-241, as last amended by Laws of Utah 2022, Chapters 68, 92, 104, and 110
56 63I-1-263, as last amended by Laws of Utah 2022, Chapters 23, 34, 68, 153, 218, 236,
57 249, 274, 296, 313, 361, 362, 417, 419, and 472
58 63I-2-204, as last amended by Laws of Utah 2022, Chapters 67, 68
59 63I-2-209, as last amended by Laws of Utah 2021, Chapter 380
60 63I-2-213, as last amended by Laws of Utah 2022, Chapter 400
61 63I-2-219, as last amended by Laws of Utah 2022, Chapter 95
62 63I-2-223, as last amended by Laws of Utah 2012, Chapter 369
63 63I-2-226, as last amended by Laws of Utah 2022, Chapters 255, 365
64 63I-2-253, as last amended by Laws of Utah 2022, Chapters 208, 229, 274, 354, 370,
65 and 409
66 63I-2-261, as last amended by Laws of Utah 2013, Chapter 278
67 63I-2-263, as last amended by Laws of Utah 2022, Chapters 63, 209, 240, 242, 264,
68 354, and 435
69 63I-2-272, as last amended by Laws of Utah 2022, Chapters 56, 83 and 259
70 63I-2-278, as last amended by Laws of Utah 2022, Chapter 470
71 63I-2-279, as last amended by Laws of Utah 2022, Chapter 68
72 63J-1-602.1, as last amended by Laws of Utah 2022, Chapters 48, 191, 255, 335, 415,
73 and 451
74 63J-1-602.2, as last amended by Laws of Utah 2022, Chapters 59, 68, 154, 224, 236,
75 242, and 447 and last amended by Coordination Clause, Laws of Utah 2022,
76 Chapter 154
77 71-8-2, as last amended by Laws of Utah 2020, Chapter 409
78 71-8-4, as last amended by Laws of Utah 2018, Chapter 39
79 79-4-402, as last amended by Laws of Utah 2022, Chapter 48
80 79-7-203, as last amended by Laws of Utah 2022, Chapter 68
81 79-7-303, as renumbered and amended by Laws of Utah 2022, Chapter 68
82 ENACTS:
83 41-1a-122, Utah Code Annotated 1953
84 41-1a-1601, Utah Code Annotated 1953
85 41-1a-1602, Utah Code Annotated 1953
86 41-1a-1603, Utah Code Annotated 1953
87 41-1a-1604, Utah Code Annotated 1953
88 41-1a-1605, Utah Code Annotated 1953
89 41-1a-1606, Utah Code Annotated 1953
90 41-1a-1607, Utah Code Annotated 1953
91 41-1a-1608, Utah Code Annotated 1953
92 41-1a-1609, Utah Code Annotated 1953
93 41-1a-1610, Utah Code Annotated 1953
94 63I-2-280, Utah Code Annotated 1953
95 REPEALS AND REENACTS:
96 41-1a-402, as last amended by Laws of Utah 2018, Chapters 20, 262
97 41-1a-418, as last amended by Laws of Utah 2022, Chapters 19, 48, 68, and 451
98 REPEALS:
99 41-1a-421, as last amended by Laws of Utah 2018, Chapter 39
100 41-1a-422, as last amended by Laws of Utah 2022, Chapters 19, 48, 68, 255, 259, 335,
101 451, and 456
102 Utah Code Sections Affected by Coordination Clause:
103 41-22-19, as last amended by Laws of Utah 2022, Chapters 68 and 143
104
105 Be it enacted by the Legislature of the state of Utah:
106 Section 1. Section 9-8-207 is amended to read:
107 9-8-207. Historical society -- Donations -- Accounting.
108 (1) (a) There is created the Utah State Historical Society.
109 (b) The society may:
110 (i) solicit memberships from persons interested in the work of the society and charge
111 dues for memberships commensurate with the advantages of membership and the needs of the
112 society; and
113 (ii) receive gifts, donations, bequests, devises, and endowments of money or property,
114 which shall then become the property of the state of Utah.
115 (2) [
116 be used in a specified manner, then the division shall use it in accordance with these directions.
117 Otherwise, all donated money and the proceeds from donated property, together with the
118 charges realized from society memberships, shall be deposited in the General Fund as restricted
119 revenue of the society.
120 [
121
122
123 (3) The division shall keep a correct account of funds and property received, held, or
124 disbursed by the society, and shall make reports to the governor as in the case of other state
125 institutions.
126 Section 2. Section 26-18b-101 is amended to read:
127 26-18b-101. Allyson Gamble Organ Donation Contribution Fund created.
128 (1) (a) There is created an expendable special revenue fund known as the Allyson
129 Gamble Organ Donation Contribution Fund.
130 (b) The Allyson Gamble Organ Donation Contribution Fund shall consist of:
131 (i) private contributions;
132 (ii) donations or grants from public or private entities;
133 (iii) voluntary donations collected under Sections 41-1a-230.5 and 53-3-214.7; and
134 [
135
136 [
137 (c) The cost of administering the Allyson Gamble Organ Donation Contribution Fund
138 shall be paid from money in the fund.
139 (2) The Department of Health shall:
140 (a) administer the funds deposited in the Allyson Gamble Organ Donation Contribution
141 Fund; and
142 (b) select qualified organizations and distribute the funds in the Allyson Gamble Organ
143 Donation Contribution Fund in accordance with Subsection (3).
144 (3) (a) The funds in the Allyson Gamble Organ Donation Contribution Fund may be
145 distributed to a selected organization that:
146 (i) promotes and supports organ donation;
147 (ii) assists in maintaining and operating a statewide organ donation registry; and
148 (iii) provides donor awareness education.
149 (b) An organization that meets the criteria of Subsections (3)(a)(i) through (iii) may
150 apply to the Department of Health, in a manner prescribed by the department, to receive a
151 portion of the money contained in the Allyson Gamble Organ Donation Contribution Fund.
152 (4) The Department of Health may expend funds in the account to pay the costs of
153 administering the fund and issuing or reordering the Donate Life support special group license
154 plate and decals.
155 Section 3. Section 26-54-102 is amended to read:
156 26-54-102. Spinal Cord and Brain Injury Rehabilitation Fund -- Creation --
157 Administration -- Uses.
158 (1) As used in this section, a "qualified IRC 501(c)(3) charitable clinic" means a
159 professional medical clinic that:
160 (a) provides rehabilitation services to individuals in the state:
161 (i) who have a traumatic spinal cord or brain injury that tends to be nonprogressive or
162 nondeteriorating; and
163 (ii) who require post-acute care;
164 (b) employs licensed therapy clinicians;
165 (c) has at least five years experience operating a post-acute care rehabilitation clinic in
166 the state; and
167 (d) has obtained tax-exempt status under Internal Revenue Code, 26 U.S.C. Sec.
168 501(c)(3).
169 (2) There is created an expendable special revenue fund known as the "Spinal Cord and
170 Brain Injury Rehabilitation Fund."
171 (3) The fund shall consist of:
172 (a) gifts, grants, donations, or any other conveyance of money that may be made to the
173 fund from private sources;
174 (b) a portion of the impound fee as designated in Section 41-6a-1406;
175 (c) the fees collected by the Motor Vehicle Division under Subsections [
176 ] 41-1a-1201(8)and 41-22-8(3); and
177 (d) amounts appropriated by the Legislature.
178 (4) The fund shall be administered by the executive director of the department, in
179 consultation with the advisory committee created in Section 26-54-103.
180 (5) Fund money shall be used to:
181 (a) assist one or more qualified IRC 501(c)(3) charitable clinics to provide
182 rehabilitation services to individuals who have a traumatic spinal cord or brain injury that tends
183 to be nonprogressive or nondeteriorating, including:
184 (i) physical, occupational, and speech therapy; and
185 (ii) equipment for use in the qualified charitable clinic; and
186 (b) pay for operating expenses of the advisory committee created by Section
187 26-54-103, including the advisory committee's staff.
188 Section 4. Section 41-1a-102 is amended to read:
189 41-1a-102. Definitions.
190 As used in this chapter:
191 (1) "Actual miles" means the actual distance a vehicle has traveled while in operation.
192 (2) "Actual weight" means the actual unladen weight of a vehicle or combination of
193 vehicles as operated and certified to by a weighmaster.
194 (3) "All-terrain type I vehicle" means the same as that term is defined in Section
195 41-22-2.
196 (4) "All-terrain type II vehicle" means the same as that term is defined in Section
197 41-22-2.
198 (5) "All-terrain type III vehicle" means the same as that term is defined in Section
199 41-22-2.
200 (6) "Alternative fuel vehicle" means:
201 (a) an electric motor vehicle;
202 (b) a hybrid electric motor vehicle;
203 (c) a plug-in hybrid electric motor vehicle; or
204 (d) a motor vehicle powered exclusively by a fuel other than:
205 (i) motor fuel;
206 (ii) diesel fuel;
207 (iii) natural gas; or
208 (iv) propane.
209 (7) "Amateur radio operator" means a person licensed by the Federal Communications
210 Commission to engage in private and experimental two-way radio operation on the amateur
211 band radio frequencies.
212 (8) "Autocycle" means the same as that term is defined in Section 53-3-102.
213 (9) "Automated driving system" means the same as that term is defined in Section
214 41-26-102.1.
215 (10) "Branded title" means a title certificate that is labeled:
216 (a) rebuilt and restored to operation;
217 (b) flooded and restored to operation; or
218 (c) not restored to operation.
219 (11) "Camper" means a structure designed, used, and maintained primarily to be
220 mounted on or affixed to a motor vehicle that contains a floor and is designed to provide a
221 mobile dwelling, sleeping place, commercial space, or facilities for human habitation or for
222 camping.
223 (12) "Certificate of title" means a document issued by a jurisdiction to establish a
224 record of ownership between an identified owner and the described vehicle, vessel, or outboard
225 motor.
226 (13) "Certified scale weigh ticket" means a weigh ticket that has been issued by a
227 weighmaster.
228 (14) "Commercial vehicle" means a motor vehicle, trailer, or semitrailer used or
229 maintained for the transportation of persons or property that operates:
230 (a) as a carrier for hire, compensation, or profit; or
231 (b) as a carrier to transport the vehicle owner's goods or property in furtherance of the
232 owner's commercial enterprise.
233 (15) "Commission" means the State Tax Commission.
234 (16) "Consumer price index" means the same as that term is defined in Section
235 59-13-102.
236 (17) "Dealer" means a person engaged or licensed to engage in the business of buying,
237 selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on
238 conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established
239 place of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors.
240 (18) "Diesel fuel" means the same as that term is defined in Section 59-13-102.
241 (19) "Division" means the Motor Vehicle Division of the commission, created in
242 Section 41-1a-106.
243 (20) "Dynamic driving task" means the same as that term is defined in Section
244 41-26-102.1.
245 (21) "Electric motor vehicle" means a motor vehicle that is powered solely by an
246 electric motor drawing current from a rechargeable energy storage system.
247 (22) "Essential parts" means the integral and body parts of a vehicle of a type required
248 to be registered in this state, the removal, alteration, or substitution of which would tend to
249 conceal the identity of the vehicle or substantially alter the vehicle's appearance, model, type,
250 or mode of operation.
251 (23) "Farm tractor" means a motor vehicle designed and used primarily as a farm
252 implement for drawing plows, mowing machines, and other implements of husbandry.
253 (24) (a) "Farm truck" means a truck used by the owner or operator of a farm solely for
254 the owner's or operator's own use in the transportation of:
255 (i) farm products, including livestock and its products, poultry and its products,
256 floricultural and horticultural products;
257 (ii) farm supplies, including tile, fence, and any other thing or commodity used in
258 agricultural, floricultural, horticultural, livestock, and poultry production; and
259 (iii) livestock, poultry, and other animals and things used for breeding, feeding, or
260 other purposes connected with the operation of a farm.
261 (b) "Farm truck" does not include the operation of trucks by commercial processors of
262 agricultural products.
263 (25) "Fleet" means one or more commercial vehicles.
264 (26) "Foreign vehicle" means a vehicle of a type required to be registered, brought into
265 this state from another state, territory, or country other than in the ordinary course of business
266 by or through a manufacturer or dealer, and not registered in this state.
267 (27) "Gross laden weight" means the actual weight of a vehicle or combination of
268 vehicles, equipped for operation, to which shall be added the maximum load to be carried.
269 (28) "Highway" or "street" means the entire width between property lines of every way
270 or place of whatever nature when any part of it is open to the public, as a matter of right, for
271 purposes of vehicular traffic.
272 (29) "Hybrid electric motor vehicle" means a motor vehicle that draws propulsion
273 energy from onboard sources of stored energy that are both:
274 (a) an internal combustion engine or heat engine using consumable fuel; and
275 (b) a rechargeable energy storage system where energy for the storage system comes
276 solely from sources onboard the vehicle.
277 (30) (a) "Identification number" means the identifying number assigned by the
278 manufacturer or by the division for the purpose of identifying the vehicle, vessel, or outboard
279 motor.
280 (b) "Identification number" includes a vehicle identification number, state assigned
281 identification number, hull identification number, and motor serial number.
282 (31) "Implement of husbandry" means a vehicle designed or adapted and used
283 exclusively for an agricultural operation and only incidentally operated or moved upon the
284 highways.
285 (32) (a) "In-state miles" means the total number of miles operated in this state during
286 the preceding year by fleet power units.
287 (b) If a fleet is composed entirely of trailers or semitrailers, "in-state miles" means the
288 total number of miles that those vehicles were towed on Utah highways during the preceding
289 year.
290 (33) "Interstate vehicle" means a commercial vehicle operated in more than one state,
291 province, territory, or possession of the United States or foreign country.
292 (34) "Jurisdiction" means a state, district, province, political subdivision, territory, or
293 possession of the United States or any foreign country.
294 (35) "Lienholder" means a person with a security interest in particular property.
295 (36) "Manufactured home" means a transportable factory built housing unit constructed
296 on or after June 15, 1976, according to the Federal Home Construction and Safety Standards
297 Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight body
298 feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more
299 square feet, and which is built on a permanent chassis and designed to be used as a dwelling
300 with or without a permanent foundation when connected to the required utilities, and includes
301 the plumbing, heating, air-conditioning, and electrical systems.
302 (37) "Manufacturer" means a person engaged in the business of constructing,
303 manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or
304 outboard motors for the purpose of sale or trade.
305 (38) "Military vehicle" means a vehicle of any size or weight that was manufactured
306 for use by armed forces and that is maintained in a condition that represents the vehicle's
307 military design and markings regardless of current ownership or use.
308 (39) "Mobile home" means a transportable factory built housing unit built prior to June
309 15, 1976, in accordance with a state mobile home code which existed prior to the Federal
310 Manufactured Housing and Safety Standards Act (HUD Code).
311 (40) "Motor fuel" means the same as that term is defined in Section 59-13-102.
312 (41) (a) "Motor vehicle" means a self-propelled vehicle intended primarily for use and
313 operation on the highways.
314 (b) "Motor vehicle" does not include:
315 (i) an off-highway vehicle; or
316 (ii) a motor assisted scooter as defined in Section 41-6a-102.
317 (42) "Motorboat" means the same as that term is defined in Section 73-18-2.
318 (43) "Motorcycle" means:
319 (a) a motor vehicle having a saddle for the use of the rider and designed to travel on not
320 more than three wheels in contact with the ground; or
321 (b) an autocycle.
322 (44) "Natural gas" means a fuel of which the primary constituent is methane.
323 (45) (a) "Nonresident" means a person who is not a resident of this state as defined by
324 Section 41-1a-202, and who does not engage in intrastate business within this state and does
325 not operate in that business any motor vehicle, trailer, or semitrailer within this state.
326 (b) A person who engages in intrastate business within this state and operates in that
327 business any motor vehicle, trailer, or semitrailer in this state or who, even though engaging in
328 interstate commerce, maintains a vehicle in this state as the home station of that vehicle is
329 considered a resident of this state, insofar as that vehicle is concerned in administering this
330 chapter.
331 (46) "Odometer" means a device for measuring and recording the actual distance a
332 vehicle travels while in operation, but does not include any auxiliary odometer designed to be
333 periodically reset.
334 (47) "Off-highway implement of husbandry" means the same as that term is defined in
335 Section 41-22-2.
336 (48) "Off-highway vehicle" means the same as that term is defined in Section 41-22-2.
337 (49) (a) "Operate" means:
338 (i) to navigate a vessel; or
339 (ii) collectively, the activities performed in order to perform the entire dynamic driving
340 task for a given motor vehicle by:
341 (A) a human driver as defined in Section 41-26-102.1; or
342 (B) an engaged automated driving system.
343 (b) "Operate" includes testing of an automated driving system.
344 (50) "Original issue license plate" means a license plate that is of a format and type
345 issued by the state in the same year as the model year of a vehicle that is a model year 1973 or
346 older.
347 [
348 excluding fuel supply, used to propel a vessel.
349 [
350 vehicle, vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is
351 subject to a security interest.
352 (b) If a vehicle is the subject of an agreement for the conditional sale or installment
353 sale or mortgage of the vehicle with the right of purchase upon performance of the conditions
354 stated in the agreement and with an immediate right of possession vested in the conditional
355 vendee or mortgagor, or if the vehicle is the subject of a security agreement, then the
356 conditional vendee, mortgagor, or debtor is considered the owner for the purposes of this
357 chapter.
358 (c) If a vehicle is the subject of an agreement to lease, the lessor is considered the
359 owner until the lessee exercises the lessee's option to purchase the vehicle.
360 [
361 (a) is designed and marketed as temporary living quarters for recreational, camping,
362 travel, or seasonal use;
363 (b) is not permanently affixed to real property for use as a permanent dwelling;
364 (c) requires a special highway movement permit for transit; and
365 (d) is built on a single chassis mounted on wheels with a gross trailer area not
366 exceeding 400 square feet in the setup mode.
367 [
368 combination of letters, numbers, or both as requested by the owner of the vehicle and assigned
369 to the vehicle by the division.
370 [
371 manufactured, remanufactured, or materially altered to provide an open cargo area.
372 (b) "Pickup truck" includes a motor vehicle with the open cargo area covered with a
373 camper, camper shell, tarp, removable top, or similar structure.
374 [
375 vehicle that has the capability to charge the battery or batteries used for vehicle propulsion
376 from an off-vehicle electric source, such that the off-vehicle source cannot be connected to the
377 vehicle while the vehicle is in motion.
378 [
379 support the load.
380 [
381 division that is within 16 months immediately preceding the commencement of the registration
382 or license year in which proportional registration is sought. The division in fixing the period
383 shall conform it to the terms, conditions, and requirements of any applicable agreement or
384 arrangement for the proportional registration of vehicles.
385 [
386 are kept and stored and where a charge is made for the storage and keeping of vehicles and
387 vessels.
388 [
389 surrender of ownership documents described in Section 41-1a-503.
390 [
391 in this state that is materially altered from its original construction by the removal, addition, or
392 substitution of essential parts, new or used.
393 [
394 13-14-102.
395 [
396 operation of a vehicle or vessel on the highways or waters of this state for the time period for
397 which the registration is valid and that is evidence of compliance with the registration
398 requirements of the jurisdiction.
399 (64) "Registration decal" means the decal issued by the division that is evidence of
400 compliance with the division's registration requirements.
401 [
402 with the completion of the applicable registration criteria.
403 (b) For administration of a multistate agreement for proportional registration the
404 division may prescribe a different 12-month period.
405 [
406 outboard motors to a sound working condition by substituting any inoperative part of the
407 vehicle, vessel, or outboard motor, or by correcting the inoperative part.
408 [
409 (a) a street rod that meets the requirements under Subsection 41-21-1(3)(a)(i)(B); or
410 (b) a custom vehicle that meets the requirements under Subsection
411 41-6a-1507(1)(a)(i)(B).
412 [
413 vehicles and constructed so it does not carry any load either independently or any part of the
414 weight of a vehicle or load that is drawn.
415 [
416 [
417 agreement to secure the payment or performance of an obligation and that is valid against third
418 parties.
419 [
420 persons or property and for being drawn by a motor vehicle and constructed so that some part
421 of its weight and its load rests or is carried by another vehicle.
422 [
423 particular group of people or a license plate authorized and issued by the division in accordance
424 with Section 41-1a-418 or Part 16, Sponsored Special Group License Plates.
425 [
426 transportation purposes and that is:
427 (i) 20 years or older from the current year; or
428 (ii) a make or model of motor vehicle recognized by the division director as having
429 unique interest or historic value.
430 (b) In making a determination under Subsection [
431 shall give special consideration to:
432 (i) a make of motor vehicle that is no longer manufactured;
433 (ii) a make or model of motor vehicle produced in limited or token quantities;
434 (iii) a make or model of motor vehicle produced as an experimental vehicle or one
435 designed exclusively for educational purposes or museum display; or
436 (iv) a motor vehicle of any age or make that has not been substantially altered or
437 modified from original specifications of the manufacturer and because of its significance is
438 being collected, preserved, restored, maintained, or operated by a collector or hobbyist as a
439 leisure pursuit.
440 [
441 (i) not designed or used primarily for the transportation of persons or property;
442 (ii) not designed to operate in traffic; and
443 (iii) only incidentally operated or moved over the highways.
444 (b) "Special mobile equipment" includes:
445 (i) farm tractors;
446 (ii) off-road motorized construction or maintenance equipment including backhoes,
447 bulldozers, compactors, graders, loaders, road rollers, tractors, and trenchers; and
448 (iii) ditch-digging apparatus.
449 (c) "Special mobile equipment" does not include a commercial vehicle as defined
450 under Section 72-9-102.
451 [
452 registered in this state, not originally constructed under a distinctive name, make, model, or
453 type by a generally recognized manufacturer of vehicles, and not materially altered from its
454 original construction.
455 (76) (a) "Standard license plate" means a license plate for general issue described in
456 Subsection 41-1a-402(1).
457 (b) "Standard license plate" includes a license plate for general issue that the division
458 issues before January 1, 2024.
459 [
460 outboard motor that meets the requirements of rules made by the commission pursuant to
461 Subsection 41-1a-1101(5).
462 (78) "Symbol decal" means the decal that is designed to represent a special group and
463 displayed on a special group license plate.
464 [
465 motor.
466 [
467 jurisdictions during the preceding year by power units.
468 (b) If fleets are composed entirely of trailers or semitrailers, "total fleet miles" means
469 the number of miles that those vehicles were towed on the highways of all jurisdictions during
470 the preceding year.
471 [
472 72-9-102.
473 [
474 72-9-102.
475 [
476 persons or property and for being drawn by a motor vehicle and constructed so that no part of
477 its weight rests upon the towing vehicle.
478 [
479 conveyed by sale, gift, or any other means except by the creation of a security interest.
480 [
481 property by sale, gift, or any other means except by creation of a security interest.
482 [
483 vehicle without motive power, designed as a temporary dwelling for travel, recreational, or
484 vacation use that does not require a special highway movement permit when drawn by a
485 self-propelled motor vehicle.
486 [
487 drawing other vehicles and not constructed to carry a load other than a part of the weight of the
488 vehicle and load that is drawn.
489 [
490 camper, park model recreational vehicle, manufactured home, and mobile home.
491 [
492 [
493 41-21-1.
494 [
495 73-18-2.
496 [
497 permitted to weigh vehicles under this chapter.
498 Section 5. Section 41-1a-122 is enacted to read:
499 41-1a-122. License plate restricted account.
500 (1) As used in this section, account means the License Plate Restricted Account created
501 by this section.
502 (2) There is created within the General Fund a restricted account known as the License
503 Plate Restricted Account.
504 (3) (a) The account shall be funded from the fees described in Subsection
505 41-1a-1201(3).
506 (b) The fees described in Subsection (3)(a) shall be paid to the division, which shall
507 deposit them in the account.
508 (4) The Legislature shall appropriate the funds in the account to the commission to
509 cover the costs of issuing license plates and decals.
510 (5) In accordance with Section 63J-1-602.1, appropriations made to the division from
511 the account are nonlapsing.
512 Section 6. Section 41-1a-222 is amended to read:
513 41-1a-222. Application for multiyear registration -- Payment of taxes -- Penalties.
514 (1) The owner of any intrastate fleet of commercial vehicles which is based in the state
515 may apply to the commission for registration in accordance with this section.
516 (a) The application shall be made on a form prescribed by the commission.
517 (b) Upon payment of required fees and meeting other requirements prescribed by the
518 commission, the division shall issue, to each vehicle for which application has been made, a
519 multiyear license plate and registration card.
520 (i) The [
521 expiration date fixed by the division and are valid until ownership of the vehicle to which they
522 are issued is transferred by the applicant or until the expiration date, whichever comes first.
523 (ii) An annual renewal application must be made by the owner if registration
524 identification has been issued on an annual installment fee basis and the required fees must be
525 paid on an annual basis.
526 (iii) License plates and registration cards issued pursuant to this section are valid for an
527 eight-year period, commencing with the year of initial application in this state.
528 (c) When application for registration or renewal is made on an installment payment
529 basis, the applicant shall submit acceptable evidence of a surety bond in a form, and with a
530 surety, approved by the commission and in an amount equal to the total annual fees required
531 for all vehicles registered to the applicant in accordance with this section.
532 (2) Each vehicle registered as part of a fleet of commercial vehicles must be titled in
533 the name of the fleet.
534 (3) Each owner who registers fleets pursuant to this section shall pay the taxes or in
535 lieu fees otherwise due pursuant to:
536 (a) Section 41-1a-206;
537 (b) Section 41-1a-207;
538 (c) Subsection 41-1a-301(12);
539 (d) Section 59-2-405.1;
540 (e) Section 59-2-405.2; or
541 (f) Section 59-2-405.3.
542 (4) An owner who fails to comply with the provisions of this section is subject to the
543 penalties in Section 41-1a-1301 and, if the commission so determines, will result in the loss of
544 the privileges granted in this section.
545 Section 7. Section 41-1a-226 is amended to read:
546 41-1a-226. Vintage vehicle -- Signed statement -- Registration.
547 (1) The owner of a vintage vehicle who applies for registration under this part shall
548 provide a signed statement that the vintage vehicle:
549 (a) is owned and operated for the purposes described in Section 41-21-1; and
550 (b) is safe to operate on the highways of this state as described in Section 41-21-4.
551 (2) For a vintage vehicle with a model year of 1980 or older, the signed statement
552 described in Subsection (1) and in Subsection 41-6a-1642(15) is in lieu of an emissions
553 inspection, from which a vintage vehicle is exempt under Subsection 41-6a-1642(4).
554 (3) Before registration of a vintage vehicle that has a model year of 1981 or newer, an
555 owner shall:
556 (a) obtain a certificate of emissions inspection as provided in Section 41-6a-1642; or
557 (b) provide proof of vehicle insurance coverage for the vintage vehicle that is a type
558 specific to a vehicle collector.
559 Section 8. Section 41-1a-401 is amended to read:
560 41-1a-401. License plates -- Number of plates -- Reflectorization -- Indicia of
561 registration in lieu of or used with plates.
562 (1) [
563 vehicle shall issue to the owner:
564 [
565 [
566 plate, which shall be attached in plain sight to the rear of the park model recreational vehicle;
567 [
568 attached in plain sight to the rear of the camper; and
569 [
570 [
571 particular vehicle registered and may not be removed during the term for which the license
572 plate or registration decal is issued or used upon any other vehicle than the registered vehicle.
573 [
574 Subsection (1)(c)(ii), the division, upon registering a motor vehicle that has been sold, traded,
575 or the ownership of which has been otherwise released, shall transfer the license plate issued to
576 the person applying to register the vehicle if:
577 (A) the previous registered owner has included the license plate as part of the sale,
578 trade, or ownership release; and
579 (B) the person applying to register the vehicle applies to transfer the license plate to the
580 new registered owner of the vehicle.
581 (ii) The division may not transfer a personalized or special group license plate to a new
582 registered owner under this Subsection (1)(c) if the new registered owner does not meet the
583 qualification or eligibility requirements for that personalized or special group license plate
584 under [
585 Plates.
586 (2) The division may receive applications for registration renewal, renew registration,
587 and issue new license plates or registration decals at any time prior to the expiration of
588 registration.
589 (3) (a) (i) Except as provided in Subsection (3)(a)(iii), all license plates to be
590 manufactured and issued by the division shall be treated with a fully reflective material on the
591 plate face that provides effective and dependable reflective brightness during the service period
592 of the license plate.
593 (ii) Except as provided in Subsection (3)(a)(iii), for a historical support special group
594 license plate created under this part, the division shall procure reflective material to satisfy the
595 requirement under Subsection (3)(a)(i) as soon as such material is available at a reasonable
596 cost.
597 (iii) Notwithstanding the reflectivity requirement described in Subsection (3)(a)(i), the
598 division may manufacture and issue a historical support special group license plate without a
599 fully reflective plate face if:
600 (A) the historical special group license plate is requested for a vintage vehicle that has
601 a model year of 1980 or older; and
602 (B) the division has manufacturing equipment and technology available to produce the
603 plate in small quantities.
604 (b) The division shall prescribe all license plate material specifications and establish
605 and implement procedures for conforming to the specifications.
606 (c) The specifications for the materials used such as the aluminum plate substrate, the
607 reflective sheeting, and glue shall be drawn in a manner so that at least two manufacturers may
608 qualify as suppliers.
609 (d) The granting of contracts for the materials shall be by public bid.
610 (4) (a) The commission may issue, adopt, and require the use of indicia of registration
611 it considers advisable in lieu of or in conjunction with license plates as provided in this part.
612 (b) All provisions of this part relative to license plates apply to these indicia of
613 registration, so far as the provisions are applicable.
614 (5) A violation of this section is an infraction.
615 Section 9. Section 41-1a-402 is repealed and reenacted to read:
616 41-1a-402. Standard license plates -- Required colors, numerals, and letters --
617 Expiration.
618 (1) (a) Upon registering a vehicle, the division shall issue to the owner a standard
619 license plate described in Subsection (1)(b) unless the division issues to the owner:
620 (i) a special group license plate in accordance with Section 41-1a-418; or
621 (ii) an apportioned vehicle license plate in accordance with Section 41-1a-301.
622 (b) The division may offer up to four standard license plate options at one time, each
623 with a different design as follows:
624 (i) two designs that incorporate one or more elements that represent the state's
625 economy or geography;
626 (ii) one design that represents the state's values or culture; and
627 (iii) one design that commemorates a current event relevant to the state or a significant
628 anniversary of a historic event relevant to the state.
629 (c) The division shall offer:
630 (i) each design described in Subsection (1)(b)(i) or (ii) for at least a 10-year period; and
631 (ii) each design described in Subsection (1)(b)(iii) for no more than a five-year period.
632 (d) The division may not offer more than four standard license plate designs at any one
633 time.
634 (2) Before the division may offer a design described in Subsection (1)(b), the division
635 shall:
636 (a) consult with the Utah Department of Cultural and Community Engagement
637 regarding the proposed design;
638 (b) identify which current standard license plate design will be replaced by the
639 proposed design;
640 (c) submit the proposed design to the governor for approval; and
641 (d) if the governor approves the design pursuant to Subsection (2)(c), submit to the
642 Transportation Interim Committee a request for the Legislature to approve the proposed design
643 by concurrent resolution.
644 (3) The division may issue a new standard license plate design only if:
645 (a) the Legislature has by concurrent resolution approved the standard license plate
646 design; and
647 (b) sufficient funds are appropriated for the initial costs of production.
648 (4) (a) Except as provided in Subsection (4)(b), the division may not order or produce a
649 standard license plate that is discontinued under this section.
650 (b) The division may issue a discontinued standard license plate until the division
651 exhausts the discontinued standard license plate's remaining stock.
652 (5) Each license plate shall have displayed on it:
653 (a) the registration number assigned to the vehicle for which the license plate is issued;
654 (b) the name of the state; and
655 (c) unless exempted by Section 41-1a-301 or 41-1a-407, a registration decal showing
656 the date of expiration displayed in accordance with Subsection (8).
657 (6) If registration is extended by affixing a registration decal to the license plate, the
658 expiration date of the registration decal governs the expiration date of the license plate.
659 (7) (a) Except as provided under Subsection 41-1a-215(2) and Section 41-1a-216,
660 license plates shall be renewed annually.
661 (b) (i) The division shall issue the vehicle owner a month registration decal and a year
662 registration decal upon the vehicle's first registration with the division.
663 (ii) The division shall issue the vehicle owner only a year registration decal upon
664 subsequent renewals of registration to validate registration renewal.
665 (8) Except as otherwise provided by rule:
666 (a) the month registration decal issued in accordance with Subsection (7) shall be
667 displayed on the license plate in the left position; and
668 (b) the year registration decal issued in accordance with Subsection (7) shall be
669 displayed on the license plate in the right position.
670 (9) The current year registration decal issued in accordance with Subsection (7) shall
671 be placed over or in place of the previous year registration decal.
672 (10) If a license plate, month registration decal, or year registration decal is lost or
673 destroyed, a replacement shall be issued upon application and payment of the fees required
674 under Section 41-1a-1211 or 41-1a-1212.
675 (11) (a) A violation of this section is an infraction.
676 (b) A court shall waive a fine for a violation under this section if:
677 (i) the registration for the vehicle was current at the time of the citation; and
678 (ii) the person to whom the citation was issued provides, within 21 business days,
679 evidence that the license plate and registration decals are properly displayed in compliance with
680 this section.
681 (12) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
682 the division may make rules regarding the placement and positioning of registration decals on
683 license plates issued by the division.
684 Section 10. Section 41-1a-416 is amended to read:
685 41-1a-416. Original issue license plates -- Alternative stickers -- Rulemaking.
686 (1) The owner of a motor vehicle that is a model year 1973 or older may apply to the
687 division for permission to display an original issue license plate [
688
689 (2) [
690
691 Subsection (1) shall:
692 (a) complete an application on a form provided by the division;
693 [
694
695 (b) supply and submit to the division for approval the original issue license plate that
696 the owner intends to display on the motor vehicle; and
697 (c) pay the fees prescribed in Sections 41-1a-1206 and 41-1a-1211.
698 (3) [
699 approving an application described in this section, the division shall determine that the original
700 issue license [
701 (a) [
702
703 (b) [
704 license plate series in this state;
705 (c) [
706 chapter[
707
708 and
709 (d) [
710 [
711 (4) (a) [
712 original issue license plates approved under this section is not exempt from any [
713
714 this chapter.
715 (b) An original issue license plate approved under this section is exempt from:
716 (i) the provisions of Section 41-1a-401 regarding reflectorization; and
717 (ii) Section 41-1a-403.
718 [
719
720
721
722 [
723 [
724
725
726 [
727
728
729 [
730
731 [
732
733 [
734 Act, the division may make rules for the implementation of this section.
735 Section 11. Section 41-1a-418 is repealed and reenacted to read:
736 41-1a-418. Authorized special group license plates.
737 (1) In accordance with this chapter, the division shall issue to an eligible applicant a
738 special group license plate in one of the following categories:
739 (a) a disability special group license plate issued in accordance with Section 41-1a-420;
740 (b) a special group license plate issued for a:
741 (i) vintage vehicle; or
742 (ii) farm truck; or
743 (iii) special group license plate described in Section 41-1a-1602.
744 (2) The division may not issue a new type of special group license plate or symbol
745 decal unless the division receives:
746 (a) a private donation for the start-up fee established under Section 63J-1-504 for the
747 production and administrative costs of providing the new special group license plate or symbol
748 decal; or
749 (b) a legislative appropriation for the start-up fee described in Subsection (2)(a).
750 (3) Notwithstanding other provisions of this chapter, the division may not require a
751 contribution as defined in Section 41-1a-1601 for a special group license plate described in
752 Subsection (1)(a) or (b).
753 Section 12. Section 41-1a-419 is amended to read:
754 41-1a-419. Plate design -- Vintage vehicle certification and registration --
755 Personalized special group license plates -- Rulemaking.
756 (1) [
757
758
759 (a) In accordance with Subsection (1)(b), the division shall determine the design and
760 number of numerals or characters on a special group license plate.
761 (b) (i) Except as provided in Subsection (1)(b)(ii), each special group license plate
762 shall display:
763 (A) the word Utah;
764 (B) the name or identifying slogan of the special group;
765 (C) a symbol decal not exceeding two positions in size representing the special group;
766 and
767 (D) the combination of letters, numbers, or both uniquely identifying the registered
768 vehicle.
769 (ii) The division, in consultation with the Utah State Historical Society, shall design
770 the historical support special group license plate, which shall:
771 (A) have a black background;
772 (B) have white characters; and
773 (C) display the word Utah.
774 (2) (a) The division shall, after consultation with a representative designated by the
775 [
776 words comprising the special group name and the symbol decal to be displayed upon the
777 special group license [
778 (b) A special group license plate symbol decal may not be redesigned:
779 (i) unless the division receives a redesign fee established by the division under Section
780 63J-1-504; and
781 (ii) more frequently than every five years.
782 (c) [
783 symbol decal may not be reordered unless the division receives a symbol decal reorder fee
784 established by the division [
785 [
786
787
788
789 (3) The license plates issued for horseless carriages prior to July 1, 1992, are valid
790 without renewal as long as the vehicle is owned by the registered owner and the license plates
791 may not be recalled by the division.
792 [
793
794
795
796 (4) Subject to Subsection 41-1a-411(4)(a), a person who meets the requirements
797 described in this part or Part 16, Sponsored Special Group License Plates, for a special group
798 license plate may, apply for a personalized special group license plate in accordance with
799 Sections 41-1a-410 and 41-1a-411.
800 (5) [
801 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
802 (a) establish qualifying criteria for persons to receive, renew, or surrender special group
803 license plates; and
804 (b) establish the [
805 license plates.
806 Section 13. Section 41-1a-1201 is amended to read:
807 41-1a-1201. Disposition of fees.
808 (1) All fees received and collected under this part shall be transmitted daily to the state
809 treasurer.
810 (2) Except as provided in Subsections (3), (5), (6), (7), and (8), [
811 [
812 under this part shall be deposited into the Transportation Fund.
813 (3) Funds generated under Subsections 41-1a-1211(1)(b)(ii), (6)(b)(ii), [
814 (9), and Section 41-1a-1212 [
815
816 into the License Plate Restricted Account created in Section 41-1a-122.
817 [
818
819 [
820 41-1a-1205, the expenses of the commission in enforcing and administering this part shall be
821 provided for by legislative appropriation from the revenues of the Transportation Fund.
822 (b) Three dollars of the registration fees imposed under Subsections 41-1a-1206(2)(a)
823 and (b) for each vehicle registered for a six-month registration period under Section
824 41-1a-215.5 may be used by the commission to cover the costs incurred in enforcing and
825 administering this part.
826 (c) Fifty cents of the registration fee imposed under Subsection 41-1a-1206(1)(i) for
827 each vintage vehicle that has a model year of 1981 or newer may be used by the commission to
828 cover the costs incurred in enforcing and administering this part.
829 [
830 41-1a-1206 for each vehicle shall be deposited into the Transportation Investment Fund of
831 2005 created under Section 72-2-124:
832 (i) $30 of the registration fees imposed under Subsections 41-1a-1206(1)(a), (1)(b),
833 (1)(f), (4), and (7);
834 (ii) $21 of the registration fees imposed under Subsections 41-1a-1206(1)(c)(i) and
835 (1)(c)(ii);
836 (iii) $2.50 of the registration fee imposed under Subsection 41-1a-1206(1)(e)(ii);
837 (iv) $23 of the registration fee imposed under Subsection 41-1a-1206(1)(d)(i);
838 (v) $24.50 of the registration fee imposed under Subsection 41-1a-1206(1)(e)(i); and
839 (vi) $1 of the registration fee imposed under Subsection 41-1a-1206(1)(d)(ii).
840 (b) The following portions of the registration fees collected for each vehicle registered
841 for a six-month registration period under Section 41-1a-215.5 shall be deposited into the
842 Transportation Investment Fund of 2005 created by Section 72-2-124:
843 (i) $23.25 of each registration fee collected under Subsection 41-1a-1206(2)(a)(i); and
844 (ii) $23 of each registration fee collected under Subsection 41-1a-1206(2)(a)(ii).
845 [
846 41-1a-1206(1)(a) and (b) for each vehicle shall be deposited into the Public Safety Restricted
847 Account created in Section 53-3-106.
848 (b) Seventy-one cents of each registration fee imposed under Subsections
849 41-1a-1206(2)(a) and (b) for each vehicle registered for a six-month registration period under
850 Section 41-1a-215.5 shall be deposited into the Public Safety Restricted Account created in
851 Section 53-3-106.
852 [
853 41-1a-1206(1)(a) and (b) for each vehicle shall be deposited into the Motor Vehicle Safety
854 Impact Restricted Account created in Section 53-8-214.
855 (b) One dollar of each registration fee imposed under Subsections 41-1a-1206(2)(a)
856 and (b) for each vehicle registered for a six-month registration period under Section
857 41-1a-215.5 shall be deposited into the Motor Vehicle Safety Impact Restricted Account
858 created in Section 53-8-214.
859 [
860 41-1a-1206(1)(a) for each motorcycle shall be deposited into the Spinal Cord and Brain Injury
861 Rehabilitation Fund created in Section 26-54-102.
862 Section 14. Section 41-1a-1204 is amended to read:
863 41-1a-1204. Automobile driver education fee -- Amount -- When paid --
864 Exception.
865 (1) Each year there is levied and shall be paid to the commission the automobile driver
866 education fee.
867 (2) (a) Except as provided in Subsections (2)(b) and (c), the fee is $2.50 upon each
868 motor vehicle to be registered for a one-year registration period.
869 (b) The fee is $2.00 upon each motor vehicle to be registered under Section
870 41-1a-215.5 for a six-month registration period.
871 (c) The following registrations are exempt from the fee in Subsection (2)(a) or (b):
872 (i) a motorcycle registration; and
873 (ii) a registration of a vehicle with a Purple Heart special group license plate issued [
874
875 (A) on or before December 31, 2023; or
876 (B) in accordance with Part 16, Sponsored Special Group License Plates.
877 Section 15. Section 41-1a-1206 is amended to read:
878 41-1a-1206. Registration fees -- Fees by gross laden weight.
879 (1) Except as provided in Subsections (2) and (3), at the time application is made for
880 registration or renewal of registration of a vehicle or combination of vehicles under this
881 chapter, a registration fee shall be paid to the division as follows:
882 (a) $46.00 for each motorcycle;
883 (b) $44 for each motor vehicle of 12,000 pounds or less gross laden weight, excluding
884 motorcycles;
885 (c) unless the semitrailer or trailer is exempt from registration under Section 41-1a-202
886 or is registered under Section 41-1a-301:
887 (i) $31 for each trailer or semitrailer over 750 pounds gross unladen weight; or
888 (ii) $28.50 for each commercial trailer or commercial semitrailer of 750 pounds or less
889 gross unladen weight;
890 (d) (i) $53 for each farm truck over 12,000 pounds, but not exceeding 14,000 pounds
891 gross laden weight; plus
892 (ii) $9 for each 2,000 pounds over 14,000 pounds gross laden weight;
893 (e) (i) $69.50 for each motor vehicle or combination of motor vehicles, excluding farm
894 trucks, over 12,000 pounds, but not exceeding 14,000 pounds gross laden weight; plus
895 (ii) $19 for each 2,000 pounds over 14,000 pounds gross laden weight;
896 (f) (i) $69.50 for each park model recreational vehicle over 12,000 pounds, but not
897 exceeding 14,000 pounds gross laden weight; plus
898 (ii) $19 for each 2,000 pounds over 14,000 pounds gross laden weight;
899 (g) $45 for each vintage vehicle that has a model year of 1981 or newer;
900 (h) in addition to the fee described in Subsection (1)(b):
901 (i) an amount equal to the road usage charge cap described in Section 72-1-213.1 for:
902 (A) each electric motor vehicle; and
903 (B) Each motor vehicle not described in this Subsection (1)(h) that is fueled
904 exclusively by a source other than motor fuel, diesel fuel, natural gas, or propane;
905 (ii) $21.75 for each hybrid electric motor vehicle; and
906 (iii) $56.50 for each plug-in hybrid electric motor vehicle; and
907 (i) in addition to the fee described in Subsection (1)(g), for a vintage vehicle that has a
908 model year of 1981 or newer, 50 cents.
909 (2) (a) At the time application is made for registration or renewal of registration of a
910 vehicle under this chapter for a six-month registration period under Section 41-1a-215.5, a
911 registration fee shall be paid to the division as follows:
912 (i) $34.50 for each motorcycle; and
913 (ii) $33.50 for each motor vehicle of 12,000 pounds or less gross laden weight,
914 excluding motorcycles.
915 (b) In addition to the fee described in Subsection (2)(a)(ii), for registration or renewal
916 of registration of a vehicle under this chapter for a six-month registration period under Section
917 41-1a-215.5 a registration fee shall be paid to the division as follows:
918 (i) an amount equal to the road usage charge cap described in Section 72-1-213.1 for:
919 (A) each electric motor vehicle; and
920 (B) each motor vehicle not described in this Subsection (2)(b) that is fueled exclusively
921 by a source other than motor fuel, diesel fuel, natural gas, or propane;
922 (ii) $16.50 for each hybrid electric motor vehicle; and
923 (iii) $43.50 for each plug-in hybrid electric motor vehicle.
924 (3) (a) (i) Beginning on January 1, 2019, the commission shall, on January 1, annually
925 adjust the registration fees described in Subsections (1)(a), (1)(b), (1)(c)(i), (1)(c)(ii), (1)(d)(i),
926 (1)(e)(i), (1)(f)(i), (1)(g), (2)(a), (4)(a), and (7), by taking the registration fee rate for the
927 previous year and adding an amount equal to the greater of:
928 (A) an amount calculated by multiplying the registration fee of the previous year by the
929 actual percentage change during the previous fiscal year in the Consumer Price Index; and
930 (B) 0.
931 (ii) Beginning on January 1, 2024, the commission shall, on January 1, annually adjust
932 the registration fees described in Subsections (1)(h)(ii) and (iii) and (2)(b)(ii) and (iii) by taking
933 the registration fee rate for the previous year and adding an amount equal to the greater of:
934 (A) an amount calculated by multiplying the registration fee of the previous year by the
935 actual percentage change during the previous fiscal year in the Consumer Price Index; and
936 (B) 0.
937 (b) The amounts calculated as described in Subsection (3)(a) shall be rounded up to the
938 nearest 25 cents.
939 (4) (a) The initial registration fee for a vintage vehicle that has a model year of 1980 or
940 older is $40.
941 (b) A vintage vehicle that has a model year of 1980 or older is exempt from the
942 renewal of registration fees under Subsection (1).
943 (c) A vehicle with a Purple Heart special group license plate issued [
944
945 Sponsored Special Group License Plates, is exempt from the registration fees under Subsection
946 (1).
947 (d) A camper is exempt from the registration fees under Subsection (1).
948 (5) If a motor vehicle is operated in combination with a semitrailer or trailer, each
949 motor vehicle shall register for the total gross laden weight of all units of the combination if the
950 total gross laden weight of the combination exceeds 12,000 pounds.
951 (6) (a) Registration fee categories under this section are based on the gross laden
952 weight declared in the licensee's application for registration.
953 (b) Gross laden weight shall be computed in units of 2,000 pounds. A fractional part
954 of 2,000 pounds is a full unit.
955 (7) The owner of a commercial trailer or commercial semitrailer may, as an alternative
956 to registering under Subsection (1)(c), apply for and obtain a special registration and license
957 plate for a fee of $130.
958 (8) Except as provided in Section 41-6a-1642, a truck may not be registered as a farm
959 truck unless:
960 (a) the truck meets the definition of a farm truck under Section 41-1a-102; and
961 (b) (i) the truck has a gross vehicle weight rating of more than 12,000 pounds; or
962 (ii) the truck has a gross vehicle weight rating of 12,000 pounds or less and the owner
963 submits to the division a certificate of emissions inspection or a waiver in compliance with
964 Section 41-6a-1642.
965 (9) A violation of Subsection (8) is an infraction that shall be punished by a fine of not
966 less than $200.
967 (10) Trucks used exclusively to pump cement, bore wells, or perform crane services
968 with a crane lift capacity of five or more tons, are exempt from 50% of the amount of the fees
969 required for those vehicles under this section.
970 Section 16. Section 41-1a-1211 is amended to read:
971 41-1a-1211. License plate fees -- Application fees for issuance and renewal of
972 personalized and special group license plates -- Replacement fee for license plates --
973 Postage fees.
974 (1) (a) Except as provided in Subsections (11), (12), (13), and (14), a license plate fee
975 established in accordance with Section 63J-1-504 shall be paid to the division for the issuance
976 of any new license plate under Part 4, License Plates and Registration Indicia.
977 (b) The license plate fee shall be deposited as follows:
978 (i) $1 in the Transportation Fund; and
979 (ii) the remainder of the fee charged under Subsection (1)(a) into the License Plate
980 Restricted Account, as provided in [
981 (2) An applicant for original issuance of personalized license plates issued under
982 Section 41-1a-410 shall pay a $50 per set license plate application fee in addition to the fee
983 required in Subsection (1).
984 (3) Beginning July 1, 2003, a person who applies for a special group license plate shall
985 pay a $5 fee for the original set of license plates in addition to the fee required under
986 Subsection (1).
987 (4) An applicant for original issuance of personalized special group license plates shall
988 pay the license plate application fees required in Subsection (2) in addition to the license plate
989 fees and license plate application fees established under Subsections (1) and (3).
990 (5) An applicant for renewal of personalized license plates issued under Section
991 41-1a-410 shall pay a $10 per set application fee.
992 (6) (a) The division may charge a fee established under Section 63J-1-504 to recover
993 the costs for the replacement of any license plate issued under Part 4, License Plates and
994 Registration Indicia.
995 (b) The license plate fee shall be deposited as follows:
996 (i) $1 in the Transportation Fund; and
997 (ii) the remainder of the fee charged under Subsection (6)(a) into the License Plate
998 Restricted Account, as provided in [
999 (7) (a) The division may charge a fee established under Section 63J-1-504 to recover
1000 [
1001 41-1a-418.
1002 (b) The fee described in Subsection (7) shall be deposited into the License Plate
1003 Restricted Account as described in Subsection 41-1a-1201(10).
1004 (8) The division may charge a fee established under Section 63J-1-504 to recover the
1005 cost of issuing stickers under Section 41-1a-416.
1006 (9) In addition to any other fees required by this section, the division shall assess a fee
1007 established under Section 63J-1-504 to cover postage expenses if new or replacement license
1008 plates are mailed to the applicant.
1009 (10) The fees required under this section are separate from and in addition to
1010 registration fees required under Section 41-1a-1206.
1011 (11) (a) An applicant for a license plate issued under Section 41-1a-407 is not subject
1012 to the license plate fee under Subsection (1).
1013 (b) An applicant for a Purple Heart special group license plate issued [
1014
1015 Sponsored Special Group License Plates, is exempt from the fees under Subsections (1), (3),
1016 and (7).
1017 (12) A person is exempt from the fee under Subsection (1) or (6) if the person:
1018 (a) was issued a clean fuel special group license plate in accordance with Section
1019 41-1a-418 prior to the effective date of rules made by the Department of Transportation under
1020 Subsection 41-6a-702(5)(b);
1021 (b) beginning on the effective date of rules made by the Department of Transportation
1022 authorized under Subsection 41-6a-702(5)(b), is no longer eligible for a clean fuel special
1023 group license plate under the rules made by the Department of Transportation; and
1024 (c) upon renewal or reissuance, is required to replace the clean fuel special group
1025 license plate with a new license plate.
1026 [
1027
1028 [
1029
1030 [
1031
1032
1033 [
1034
1035 [
1036
1037
1038 [
1039 [
1040
1041 [
1042 [
1043 (13) An individual is exempt from the license plate fee under Subsection (1) if the
1044 individual presents official documentation that the individual is a recipient of the Purple Heart
1045 Award in one of the following forms:
1046 (a) official documentation issued by a recognized association representing peace
1047 officers who:
1048 (i) receive a salary from a federal, state, county, or municipal government or any other
1049 subdivision of the state; and
1050 (ii) work in the state;
1051 (b) a membership card in the Military Order of the Purple Heart; or
1052 (c) an original or certificate in lieu of the applicant's military discharge form, DD-214,
1053 issued by the National Personnel Records Center.
1054 Section 17. Section 41-1a-1212 is amended to read:
1055 41-1a-1212. Fee for replacement of license plate decals.
1056 (1) A fee established in accordance with Section 63J-1-504 shall be paid to the division
1057 for the replacement of a license plate registration decal required by Section 41-1a-402 or a
1058 registration decal required by Section 41-1a-401.
1059 (2) The fee described in Subsection (1) shall be deposited into the License Plate
1060 Restricted Account created in Subsection 41-1a-1201(10).
1061 Section 18. Section 41-1a-1218 is amended to read:
1062 41-1a-1218. Uninsured motorist identification fee for tracking motor vehicle
1063 insurance -- Exemption -- Deposit.
1064 (1) (a) Except as provided in Subsections (1)(b) and (c), at the time application is made
1065 for registration or renewal of registration of a motor vehicle under this chapter, the applicant
1066 shall pay an uninsured motorist identification fee of $1 on each motor vehicle.
1067 (b) Except as provided in Subsection (1)(c), at the time application is made for
1068 registration or renewal of registration of a motor vehicle for a six-month registration period
1069 under Section 41-1a-215.5, the applicant shall pay an uninsured motorist identification fee of
1070 75 cents on each motor vehicle.
1071 (c) The following are exempt from the fee required under Subsection (1)(a) or (b):
1072 (i) a commercial vehicle registered as part of a fleet under Section 41-1a-222 or
1073 Section 41-1a-301;
1074 (ii) a motor vehicle that is exempt from the registration fee under Section 41-1a-1209
1075 or Subsection 41-1a-419(3); and
1076 (iii) a motor vehicle with a Purple Heart special group license plate issued [
1077
1078 (A) on or before December 31, 2023; or
1079 (B) in accordance with Part 16, Sponsored Special Group License Plates.
1080 (2) The revenue generated under this section shall be deposited in the Uninsured
1081 Motorist Identification Restricted Account created in Section 41-12a-806.
1082 Section 19. Section 41-1a-1222 is amended to read:
1083 41-1a-1222. Local option highway construction and transportation corridor
1084 preservation fee -- Exemptions -- Deposit -- Transfer -- County ordinance -- Notice.
1085 (1) As used in this section:
1086 (a) "Metro township" means the same as that term is defined in Section 10-2a-403.
1087 (b) "Unincorporated" means the same as that term is defined in Section 10-1-104.
1088 (2) (a) (i) Except as provided in Subsection (2)(a)(ii), a county legislative body may
1089 impose a local option highway construction and transportation corridor preservation fee of up
1090 to $10 on each motor vehicle registration within the county.
1091 (ii) A county legislative body may impose a local option highway construction and
1092 transportation corridor preservation fee of up to $7.75 on each motor vehicle registration for a
1093 six-month registration period under Section 41-1a-215.5 within the county.
1094 (iii) A fee imposed under Subsection (2)(a)(i) or (ii) shall be set in whole dollar
1095 increments.
1096 (b) If imposed under Subsection (2)(a), at the time application is made for registration
1097 or renewal of registration of a motor vehicle under this chapter, the applicant shall pay the local
1098 option highway construction and transportation corridor preservation fee established by the
1099 county legislative body.
1100 (c) The following are exempt from the fee required under Subsection (2)(a):
1101 (i) a motor vehicle that is exempt from the registration fee under Section 41-1a-1209 or
1102 Subsection 41-1a-419(3);
1103 (ii) a commercial vehicle with an apportioned registration under Section 41-1a-301;
1104 and
1105 (iii) a motor vehicle with a Purple Heart special group license plate issued [
1106
1107 (A) on or before December 31, 2023; or
1108 (B) in accordance with Part 16, Sponsored Special Group License Plates.
1109 (3) (a) Except as provided in Subsection (3)(b), the revenue generated under this
1110 section shall be:
1111 (i) deposited in the Local Highway and Transportation Corridor Preservation Fund
1112 created in Section 72-2-117.5;
1113 (ii) credited to the county from which it is generated; and
1114 (iii) used and distributed in accordance with Section 72-2-117.5.
1115 (b) The revenue generated by a fee imposed under this section in a county of the first
1116 class shall be deposited or transferred as follows:
1117 (i) 50% of the revenue shall be:
1118 (A) deposited in the County of the First Class Highway Projects Fund created in
1119 Section 72-2-121; and
1120 (B) used in accordance with Section 72-2-121;
1121 (ii) 30% of the revenue shall be deposited, credited, and used as provided in Subsection
1122 (3)(a); and
1123 (iii) 20% of the revenue shall be transferred to the legislative body of a county of the
1124 first class.
1125 (4) Beginning in a fiscal year beginning on or after July 1, 2023, and for 15 years
1126 thereafter, the legislative body of the county of the first class shall annually transfer, from the
1127 revenue transferred to the legislative body of a county of the first class as described in
1128 Subsection (3)(b)(iii):
1129 (a) $300,000 to Kearns township; and
1130 (b) $225,000 to Magna township.
1131 (5) To impose or change the amount of a fee under this section, the county legislative
1132 body shall pass an ordinance:
1133 (a) approving the fee;
1134 (b) setting the amount of the fee; and
1135 (c) providing an effective date for the fee as provided in Subsection (6).
1136 (6) (a) If a county legislative body enacts, changes, or repeals a fee under this section,
1137 the enactment, change, or repeal shall take effect on July 1 if the commission receives notice
1138 meeting the requirements of Subsection (6)(b) from the county prior to April 1.
1139 (b) The notice described in Subsection (6)(a) shall:
1140 (i) state that the county will enact, change, or repeal a fee under this part;
1141 (ii) include a copy of the ordinance imposing the fee; and
1142 (iii) if the county enacts or changes the fee under this section, state the amount of the
1143 fee.
1144 Section 20. Section 41-1a-1305 is amended to read:
1145 41-1a-1305. License plate and registration card violations -- Class C
1146 misdemeanor.
1147 It is a class C misdemeanor:
1148 (1) to break, injure, interfere with, or remove from any vehicle any seal, lock, or device
1149 on it for holding or displaying any license plate or registration card attached for denoting
1150 registration and identity of the vehicle;
1151 (2) to remove from any registered vehicle the license plate or registration card issued or
1152 attached to it for its registration;
1153 (3) to place or display any license plate or registration card upon any other vehicle than
1154 the one for which it was issued by the division;
1155 (4) to use or permit the use or display of any license plate, registration card, or permit
1156 upon or in the operation of any vehicle other than that for which it was issued;
1157 (5) to operate upon any highway of this state any vehicle required by law to be
1158 registered without having the license plate or plates securely attached, except that the
1159 registration card issued by the division to all trailers and semitrailers shall be carried in the
1160 towing vehicle;
1161 (6) for any weighmaster to knowingly make any false entry in his record of weights of
1162 vehicles subject to registration or to knowingly report to the commission or division any false
1163 information regarding the weights;
1164 (7) for any inspector, officer, agent, employee, or other person performing any of the
1165 functions required for the registration or operation of vehicles subject to registration, to do,
1166 permit, cause, connive at, or permit to be done any act with the intent, or knowledge that the
1167 probable effect of the act would be to injure any person, deprive him of his property, or to
1168 injure or defraud the state with respect to its revenues relating to title or registration of
1169 vehicles;
1170 (8) for any person to combine or conspire with another to do, attempt to do, or cause or
1171 allow any of the acts in this chapter classified as a misdemeanor;
1172 (9) to operate any motor vehicle with a camper mounted on it upon any highway
1173 without displaying a current registration decal in clear sight upon the rear of the camper, issued
1174 by the county assessor of the county in which the camper has situs for taxation;
1175 (10) to manufacture, use, display, or sell any facsimile or reproduction of any license
1176 plate issued by the division or any article that would appear to be a substitute for a license
1177 plate; or
1178 (11) to fail to return to the division any registration card, license plate or plates,
1179 registration decal, permit, or title that has been canceled, suspended, voided, or revoked.
1180 Section 21. Section 41-1a-1601 is enacted to read:
1181 41-1a-1601. Definitions.
1182 As used in this part:
1183 (1) "Applicant" means a registered owner who submits an application to obtain or
1184 renew a sponsored special group license plate in accordance with this part.
1185 (2) (a) "Charitable purpose" means:
1186 (i) relief of the poor, the distressed, or the underprivileged;
1187 (ii) advancement of religion;
1188 (iii) advancement of education or science;
1189 (iv) erecting or maintaining a public building, monument, or work;
1190 (v) reducing the burdens of government;
1191 (vi) reducing neighborhood tensions;
1192 (vii) eliminating prejudice and discrimination;
1193 (viii) defending human rights and civil rights secured by law; or
1194 (ix) combating community deterioration and juvenile delinquency.
1195 (b) "Charitable purpose" does not include providing, encouraging, or paying for the
1196 costs of obtaining an abortion.
1197 (3) "Collegiate special group license plate" means a sponsored special group license
1198 plate issued to a contributor to an institution.
1199 (4) "Contributor" means an applicant who contributes the required contribution to a
1200 sponsoring organization for a sponsored special group license plate.
1201 (5) (a) "Existing special group license plate" means a special group license plate that
1202 the division issues before January 1, 2024.
1203 (b) "Existing special group license plate" does not include a special group license plate
1204 described in Subsection 41-1a-418(1)(a) or (b).
1205 (6) "Existing state agency recognition special group license plate" means an existing
1206 special group license plate issued to a registered owner who:
1207 (a) has a special license that supports or furthers a government purpose;
1208 (b) has achieved an accomplishment that supports or furthers a government purpose;
1209 (c) has received an honor that supports or furthers a government purpose;
1210 (d) has achieved an accomplishment that supports or furthers a government purpose; or
1211 (e) holds an elected office.
1212 (7) "Institution" means:
1213 (a) a state institution of higher education as defined in Section 53B-3-102; or
1214 (b) a private institution of higher education in the state accredited by a regional or
1215 national accrediting agency recognized by the United States Department of Education.
1216 (8) (a) "Private nonprofit organization" means a private nonprofit organization that:
1217 (i) qualifies as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
1218 and
1219 (ii) has a charitable purpose.
1220 (b) "Private nonprofit organization" does not include an organization that provides,
1221 encourages, or pays for the costs of obtaining an abortion.
1222 (9) "Private nonprofit special group license plate" means a sponsored special group
1223 license plate issued to a contributor to a private nonprofit organization.
1224 (10) "Required contribution" means:
1225 (a) the minimum annual contribution amount established under Subsection
1226 41-1a-1603(4)(a)(iii); or
1227 (b) if the sponsoring organization establishes a minimum annual contribution amount
1228 in accordance with Subsection 41-1a-1603(4)(b) that is greater than the minimum required
1229 contribution amount established under Subsection 41-1a-1603(4)(a)(iii), the amount the
1230 sponsoring organization establishes.
1231 (11) "Sponsored special group license plate" means a license plate:
1232 (a) designed for and associated with a sponsoring organization; and
1233 (b) issued to an applicant in accordance with this part.
1234 (12) "Sponsoring organization" means an institution, a private nonprofit organization,
1235 or a state agency that is or seeks to be associated with a sponsored special group license plate
1236 created under this part.
1237 (13) "State agency recognition special group license plate" means a sponsored special
1238 group license plate issued to an applicant who:
1239 (a) has a special license that supports or furthers a government purpose;
1240 (b) has achieved an accomplishment that supports or furthers a government purpose;
1241 (c) has received an honor that supports or furthers a government purpose;
1242 (d) has achieved an accomplishment that supports or furthers a government purpose; or
1243 (e) holds an elected office.
1244 (14) "State agency support special group license plate" means:
1245 (a) a sponsored special group license plate issued to a contributor to a state agency to
1246 support a specific state agency program; or
1247 (b) an existing special group license plate issued for a special interest vehicle.
1248 Section 22. Section 41-1a-1602 is enacted to read:
1249 41-1a-1602. Sponsored special group license plate program.
1250 (1) The division shall establish and administer a sponsored special group license plate
1251 program as described in this part.
1252 (2) The division shall issue to an applicant who satisfies the requirements of this part
1253 one of the following:
1254 (a) a collegiate special group license plate;
1255 (b) a private nonprofit special group license plate;
1256 (c) a state agency support special group license plate; or
1257 (d) a state agency recognition special group license plate.
1258 Section 23. Section 41-1a-1603 is enacted to read:
1259 41-1a-1603. Application Requirements -- Fees -- Contributions -- Rulemaking.
1260 (1) An applicant for a sponsored special group license plate shall submit to the
1261 division:
1262 (a) in a form and manner that the division prescribes, a complete application;
1263 (b) payment of the fee for the issuance of the sponsored special group license plate
1264 established under Subsection (4)(a)(i);
1265 (c) the required contribution for the sponsored special group license plate, unless the
1266 applicant previously paid the required contribution as part of a preorder application described
1267 in Subsection (4); and
1268 (d) if the sponsoring organization elects to require verification as described in Section
1269 41-1a-1604, a verification form obtained from the sponsoring organization.
1270 (2) An applicant who owns a vehicle with the sponsoring organization's sponsored
1271 special group license plate shall submit to the division the required contribution to renew the
1272 sponsored special group license plate.
1273 (3) (a) An applicant who wishes to obtain a new type of sponsored special group
1274 license plate may preorder the new type of sponsored special group license plate by:
1275 (i) submitting to the sponsoring organization associated with the new type of sponsored
1276 special group license plate a complete preorder form created by the division; and
1277 (ii) making the required contribution to the sponsoring organization.
1278 (b) After the division approves the sponsoring organization's request for the new type
1279 of sponsored special group license plate under Section 41-1a-1604, an applicant who submitted
1280 a preorder in accordance with Subsection (3)(a) may apply for the sponsored special group
1281 license plate in accordance with Subsection (1).
1282 (4) (a) The division shall, in accordance with Section 63J-1-504, establish:
1283 (i) the fee to charge an applicant for the division's costs of issuing or renewing a
1284 sponsored special group license plate or symbol decal;
1285 (ii) the fee to charge a sponsoring organization for the division's costs of designing and
1286 administering a new type of sponsored special group license plate; and
1287 (iii) subject to Subsection (4)(b), in an amount equal to at least $25, the minimum
1288 annual contribution amount an applicant is required to make to obtain or renew the sponsoring
1289 organization's sponsored special group license plate.
1290 (b) A fee paid in accordance with Subsections (4)(a)(i) or (ii) shall be deposited into
1291 the License Plate Restricted Account created in Subsection 41-1a-1201(10).
1292 (c) A sponsoring organization may establish a required contribution amount for the
1293 sponsoring organization's sponsored special group license plate that is greater than the amount
1294 established by the division under Subsection (4)(a)(iii).
1295 (5) An applicant's contribution is a voluntary contribution for funding the sponsoring
1296 organization's activities and not a motor vehicle registration fee.
1297 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1298 commission may make rules to establish and administer the sponsored special group license
1299 plate program.
1300 Section 24. Section 41-1a-1604 is enacted to read:
1301 41-1a-1604. New sponsored special group license plates -- Eligibility criteria.
1302 (1) If a sponsoring organization satisfies the requirements of this part, the division shall
1303 approve an application for a new type of sponsored special group license plate and issue the
1304 sponsored special group license plate in accordance with this part.
1305 (2) Subject to the other provisions of this part, a sponsoring organization requesting a
1306 new type of sponsored special group license plate shall submit to the division, in a form and
1307 manner the division prescribes:
1308 (a) a complete application requesting the new type of sponsored special group license
1309 plate that includes:
1310 (i) information about the sponsoring organization the division needs to process the
1311 request;
1312 (ii) contact information for an individual representing the sponsoring organization;
1313 (iii) if the sponsoring organization establishes a required contribution amount under
1314 Subsection 41-1a-1603(4)(b) that is greater than the minimum required contribution amount
1315 established under Subsection 41-1a-1603(4)(a)(iii), the amount of the required contribution;
1316 (iv) account information to allow the division to disburse funds from required
1317 contributions the division collects through the sponsored special group license plate program to
1318 the sponsoring organization;
1319 (v) a link to a functional website described in Subsection (7); and
1320 (vi) if the sponsoring organization requires an applicant to submit a verification form
1321 described in Subsection (8)(b)(i), a statement indicating that a verification form is required;
1322 (b) at least 500 complete preorder applications for the new type of sponsored special
1323 group license plate, including verification that each preorder application included the required
1324 contribution;
1325 (c) the fee for the cost of designing and administering the new type of sponsored
1326 special group license plate established under Subsection 41-1a-1603(4)(a)(ii); and
1327 (d) if the new type of sponsored special group license plate is a private nonprofit
1328 special group license plate:
1329 (i) a copy of the Internal Revenue Service letter approving the sponsoring
1330 organization's Section 501(c)(3) status;
1331 (ii) an affidavit signed under penalty of perjury declaring that the sponsoring
1332 organization has a charitable purpose; and
1333 (iii) an indication of the private nonprofit organization's charitable purpose.
1334 (3) If an application under Subsection (2) is for a special group license plate that was
1335 discontinued in accordance with this part, each registered vehicle with the discontinued special
1336 group license plate is considered a complete preorder application for the purposes of
1337 Subsection (2)(b).
1338 (4) The division:
1339 (a) may share data collected under Subsection (2)(d)(iii) with the Legislature and the
1340 state auditor;
1341 (b) may not use the information in Subsection (2)(d)(iii) in deciding whether to
1342 approve the sponsoring organization's application; and
1343 (c) is not required to evaluate the accuracy or veracity of information the private
1344 nonprofit organization provides under Subsection (2)(d).
1345 (5) Except as otherwise provided in this part, the division may not begin design work
1346 on or issue a new type of sponsored special group license plate unless the sponsoring
1347 organization satisfies the requirements of Subsection (2).
1348 (6) A sponsoring organization that is a state agency may request a state agency
1349 recognition special group license plate without meeting the minimum preorder requirements of
1350 Subsection (2)(b) if:
1351 (a) the governor certifies that there is a legitimate government operations purpose for
1352 issuing the state agency recognition special group license plate; and
1353 (b) through appropriation or any other source, funds are available to cover the startup
1354 and administrative costs of the state agency recognition special group license plate.
1355 (7) A sponsoring organization of a sponsored special group license plate issued in
1356 accordance with this part shall maintain a functional website that:
1357 (a) explains how the sponsoring organization will use the required contributions in
1358 accordance with this part;
1359 (b) if applicable, makes available the sponsoring organization's most recent Internal
1360 Revenue Service Form 990; and
1361 (c) provides instructions for how to obtain a verification form if the sponsoring
1362 organization elects to require verification in accordance with Subsection (8).
1363 (8) (a) A sponsoring organization may establish eligibility requirements for the
1364 sponsoring organization's sponsored special group license plate.
1365 (b) If a sponsoring organization establishes eligibility requirements under this
1366 subsection, the sponsoring organization shall:
1367 (i) inform the division that a verification form is required as part of an application for
1368 the sponsoring organization's sponsored special group license plate;
1369 (ii) establish a process for providing a verification form to an applicant; and
1370 (iii) provide a verification form prescribed by the division to an applicant who satisfies
1371 the sponsoring organization's eligibility requirements.
1372 (9) The division shall begin issuing the new type of sponsored special group license
1373 plate no later than six months after the day on which the division receives the items described
1374 in Subsection (2).
1375 (10) The division may:
1376 (a) consider a request for a sponsored special group license plate for two or more
1377 military branches as a request for a single type of sponsored special group license plate for the
1378 purposes of meeting the eligibility criteria described in this section; and
1379 (b) charge an appropriate fee for ordering multiple symbol decals for each military
1380 branch.
1381 Section 25. Section 41-1a-1605 is enacted to read:
1382 41-1a-1605. Collegiate special group license plates.
1383 (1) A sponsoring organization that is an institution shall only use funds received
1384 through the sponsored special group license plate program for the institution's academic
1385 scholarships.
1386 (2) The state auditor may audit each institution to verify that the money an institution
1387 collects from contributors is used only for academic scholarships.
1388 Section 26. Section 41-1a-1606 is enacted to read:
1389 41-1a-1606. Private nonprofit special group license plates.
1390 (1) A sponsoring organization that is a private nonprofit organization shall:
1391 (a) only use funds received through the sponsored special group license plate program
1392 for the charitable purpose described in the private nonprofit organization's application
1393 submitted to the division under Section 41-1a-1603; and
1394 (b) may not use funds received through the sponsored special group license plate
1395 program to pay the private nonprofit organization's employee salaries or benefits,
1396 administrative costs, or fundraising expenses.
1397 (2) A private nonprofit organization may collect a contributor's personal information
1398 for the purposes of future fundraising and any required reporting, if the private nonprofit
1399 organization requires a verification form described in Section 41-1a-1604.
1400 (3) The state auditor may audit each private nonprofit organization to verify that the
1401 money the private nonprofit organization collects from contributors is used for the private
1402 nonprofit organization's charitable purpose in accordance with this part.
1403 Section 27. Section 41-1a-1607 is enacted to read:
1404 41-1a-1607. State agency special group license plates.
1405 A sponsoring organization that is a state agency:
1406 (1) shall only use funds received through the sponsored special group license plate
1407 program for the implementation or administration of the state agency's designated program; and
1408 (2) may not direct funds received through the sponsored special group license plate
1409 program to a nongovernmental entity.
1410 Section 28. Section 41-1a-1608 is enacted to read:
1411 41-1a-1608. Review -- Discontinuance.
1412 (1) The division shall annually review each sponsored special group license plate to
1413 determine the number of registered vehicles with each type of sponsored special group license
1414 plate during the preceding calendar year.
1415 (2) (a) The division shall discontinue a type of sponsored special group license plate if
1416 for two consecutive calendar years, the division's annual review shows that fewer than 500
1417 registered vehicles have that type of sponsored special group license plate.
1418 (b) The division shall discontinue a sponsored special group license plate under
1419 Subsection (2)(a) beginning January 1 of the calendar year following the year of the second
1420 annual review.
1421 (3) If the division discontinues a type of sponsored special group license plate in
1422 accordance with this section, the division may not reinstate the sponsored special group license
1423 plate unless the sponsoring organization submits a request for the discontinued sponsored
1424 special group license plate in the same manner as a request for a new type of sponsored special
1425 group license plate under Section 41-1a-1604.
1426 (4) (a) A registered owner to whom the division issued an existing special group
1427 license plate or a sponsored special group license plate that the division discontinues in
1428 accordance with this section or Section 41-1a-1609 may continue to display the license plate
1429 upon renewing the motor vehicle's registration.
1430 (b) A registered owner described in Subsection (4)(a) is not required to pay a required
1431 contribution to the sponsoring organization associated with the sponsored special group license
1432 plate.
1433 (5) The division may not transfer to a new registered owner a special group license
1434 plate that is discontinued under this part.
1435 (6) Subsection (2) does not apply to a state agency recognition special group license
1436 plate that is an existing special group license plate.
1437 Section 29. Section 41-1a-1609 is enacted to read:
1438 41-1a-1609. Transition of existing special group license plates.
1439 (1) (a) Except as provided in this section, on March 31, 2024, the division shall
1440 discontinue each existing special group license plate.
1441 (b) The division may not issue an existing special group license plate that the division
1442 discontinues in accordance with this Subsection (1).
1443 (2) (a) Subject to the other provisions of this part, the division may issue an existing
1444 special group license plate on or after March 31, 2024, if:
1445 (i) before March 31, 2024, the sponsoring organization submits to the division a
1446 request for the existing special group license plate in the same manner as a request for a new
1447 type of sponsored special group license plate under Section 41-1a-1604; and
1448 (ii) except for an existing state agency recognition special group license plate described
1449 in Subsection (6) or (8), there are at least 500 registered vehicles with the existing special
1450 group license plate on December 31, 2023.
1451 (b) For an application described in Subsection (2)(a), the requirements described in
1452 Subsection 41-1a-1604(2)(b) do not apply.
1453 (3) (a) A private nonprofit organization may be a sponsoring organization of an
1454 existing special group license plate only if the sponsoring organization received contributions
1455 related to the existing special group license plate on or after January 1, 2023.
1456 (b) Subsection (3)(a) does not apply to an existing special group license plate described
1457 in Subsection (7).
1458 (4) If a sponsoring organization that is a state agency submits a request described in
1459 Subsection (2)(a), upon notice to the division and with the private nonprofit organization's
1460 agreement, the sponsoring organization may transfer the existing special group license plate to
1461 a private nonprofit organization to sponsor the special group license plate as a private nonprofit
1462 special group license plate.
1463 (5) After the division discontinues an existing special group license plate in accordance
1464 with this section, the division may not reinstate the special group license plate unless the
1465 sponsoring organization submits a request for the existing special group license plate in the
1466 same manner as a request for a new type of sponsored special group license plate under Section
1467 41-1a-1604.
1468 (6) If a state agency submits a request under this section or Section 41-1a-1604 for one
1469 of the following existing special group license plates and meets the requirements of this part,
1470 the division shall reinstate the existing special group license plate as a state agency recognition
1471 special group license plate:
1472 (a) a veteran special group license plate issued to:
1473 (i) a survivor of the Japanese attack on Pearl Harbor;
1474 (ii) a former prisoner of war;
1475 (iii) a Purple Heart recipient;
1476 (iv) a disabled veteran; or
1477 (v) a recipient of a gold star award issued by the United States Secretary of Defense; or
1478 (b) a recognition special group license plate issued for:
1479 (i) a current member of the Legislature;
1480 (ii) a current member of the United States Congress;
1481 (iii) a current member of the National Guard;
1482 (iv) an individual supporting the Utah Wing of the Civil Air Patrol;
1483 (v) a licensed amateur radio operator;
1484 (vi) an emergency medical technician;
1485 (vii) an individual supporting commemoration and recognition of women's suffrage; or
1486 (viii) an individual supporting the recognition and continuation of the work and life of
1487 Dr. Martin Luther King, Jr.
1488 (7) If a private nonprofit organization submits a request under this section or Section
1489 41-1a-1604 for one of the following existing special group license plates and meets the
1490 requirements of this part, the division shall reinstate the existing special group license plate as a
1491 private nonprofit special group license plate to:
1492 (a) a current member of a search and rescue team; or
1493 (b) a fraternal initiatic order recognition.
1494 (8) If a state agency submits a request under this section or Section 41-1a-1604 for an
1495 existing special group license plate issued to a campaign or combat theater award recipient and
1496 meets the requirements of this part, the division shall reinstate the existing special group
1497 license plate as a state agency recognition special group license plate.
1498 (9) The requirements of this part related to a required contribution do not apply to a
1499 special group license plate described in Subsection (6) or (7) unless the sponsoring
1500 organization informs the division in the sponsoring organization's request under this section or
1501 Section 41-1a-1604 that the sponsoring organization requires a required contribution.
1502 (10) (a) A person with an existing recognition special group license plate that is an
1503 honorary consul designated by the United States Department of State shall return the honorary
1504 consul recognition special group license plate to the division and may not display the honorary
1505 consul special group license plate.
1506 (b) Upon renewal of the vehicle registration related to a vehicle with an honorary
1507 consul recognition special group license plate, the division shall issue a new license plate to
1508 replace the honorary consul special group license plate.
1509 Section 30. Section 41-1a-1610 is enacted to read:
1510 41-1a-1610. Sponsored Special Group License Plate Fund.
1511 (1) As used in this section, "fund" means the Sponsored Special Group License Plate
1512 Fund created in Subsection (2).
1513 (2) There is created an expendable special revenue fund known as the "Sponsored
1514 Special Group License Plate Fund."
1515 (3) The fund consists of all required contributions the division collects under this part.
1516 (4) The division shall, at least annually, disburse to each sponsoring organization any
1517 money, less any fees or actual administrative costs associated with issuing a sponsoring
1518 organization's sponsored special group license plate, from the fund.
1519 Section 31. Section 41-6a-1642 is amended to read:
1520 41-6a-1642. Emissions inspection -- County program.
1521 (1) The legislative body of each county required under federal law to utilize a motor
1522 vehicle emissions inspection and maintenance program or in which an emissions inspection
1523 and maintenance program is necessary to attain or maintain any national ambient air quality
1524 standard shall require:
1525 (a) a certificate of emissions inspection, a waiver, or other evidence the motor vehicle
1526 is exempt from emissions inspection and maintenance program requirements be presented:
1527 (i) as a condition of registration or renewal of registration; and
1528 (ii) at other times as the county legislative body may require to enforce inspection
1529 requirements for individual motor vehicles, except that the county legislative body may not
1530 routinely require a certificate of emissions inspection, or waiver of the certificate, more often
1531 than required under Subsection (9); and
1532 (b) compliance with this section for a motor vehicle registered or principally operated
1533 in the county and owned by or being used by a department, division, instrumentality, agency, or
1534 employee of:
1535 (i) the federal government;
1536 (ii) the state and any of its agencies; or
1537 (iii) a political subdivision of the state, including school districts.
1538 (2) A vehicle owner subject to Subsection (1) shall obtain a motor vehicle emissions
1539 inspection and maintenance program certificate of emissions inspection as described in
1540 Subsection (1), but the program may not deny vehicle registration based solely on the presence
1541 of a defeat device covered in the Volkswagen partial consent decrees or a United States
1542 Environmental Protection Agency-approved vehicle modification in the following vehicles:
1543 (a) a 2.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide
1544 emissions are mitigated in the state pursuant to a partial consent decree, including:
1545 (i) Volkswagen Jetta, model years 2009, 2010, 2011, 2012, 2013, 2014, and 2015;
1546 (ii) Volkswagen Jetta Sportwagen, model years 2009, 2010, 2011, 2012, 2013, and
1547 2014;
1548 (iii) Volkswagen Golf, model years 2010, 2011, 2012, 2013, 2014, and 2015;
1549 (iv) Volkswagen Golf Sportwagen, model year 2015;
1550 (v) Volkswagen Passat, model years 2012, 2013, 2014, and 2015;
1551 (vi) Volkswagen Beetle, model years 2013, 2014, and 2015;
1552 (vii) Volkswagen Beetle Convertible, model years 2013, 2014, and 2015; and
1553 (viii) Audi A3, model years 2010, 2011, 2012, 2013, and 2015; and
1554 (b) a 3.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide
1555 emissions are mitigated in the state to a settlement, including:
1556 (i) Volkswagen Touareg, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015, and
1557 2016;
1558 (ii) Audi Q7, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015, and 2016;
1559 (iii) Audi A6 Quattro, model years 2014, 2015, and 2016;
1560 (iv) Audi A7 Quattro, model years 2014, 2015, and 2016;
1561 (v) Audi A8, model years 2014, 2015, and 2016;
1562 (vi) Audi A8L, model years 2014, 2015, and 2016;
1563 (vii) Audi Q5, model years 2014, 2015, and 2016; and
1564 (viii) Porsche Cayenne Diesel, model years 2013, 2014, 2015, and 2016.
1565 (3) (a) The legislative body of a county identified in Subsection (1), in consultation
1566 with the Air Quality Board created under Section 19-1-106, shall make regulations or
1567 ordinances regarding:
1568 (i) emissions standards;
1569 (ii) test procedures;
1570 (iii) inspections stations;
1571 (iv) repair requirements and dollar limits for correction of deficiencies; and
1572 (v) certificates of emissions inspections.
1573 (b) In accordance with Subsection (3)(a), a county legislative body:
1574 (i) shall make regulations or ordinances to attain or maintain ambient air quality
1575 standards in the county, consistent with the state implementation plan and federal
1576 requirements;
1577 (ii) may allow for a phase-in of the program by geographical area; and
1578 (iii) shall comply with the analyzer design and certification requirements contained in
1579 the state implementation plan prepared under Title 19, Chapter 2, Air Conservation Act.
1580 (c) The county legislative body and the Air Quality Board shall give preference to an
1581 inspection and maintenance program that:
1582 (i) is decentralized, to the extent the decentralized program will attain and maintain
1583 ambient air quality standards and meet federal requirements;
1584 (ii) is the most cost effective means to achieve and maintain the maximum benefit with
1585 regard to ambient air quality standards and to meet federal air quality requirements as related to
1586 vehicle emissions; and
1587 (iii) provides a reasonable phase-out period for replacement of air pollution emission
1588 testing equipment made obsolete by the program.
1589 (d) The provisions of Subsection (3)(c)(iii) apply only to the extent the phase-out:
1590 (i) may be accomplished in accordance with applicable federal requirements; and
1591 (ii) does not otherwise interfere with the attainment and maintenance of ambient air
1592 quality standards.
1593 (4) The following vehicles are exempt from an emissions inspection program and the
1594 provisions of this section:
1595 (a) an implement of husbandry as defined in Section 41-1a-102;
1596 (b) a motor vehicle that:
1597 (i) meets the definition of a farm truck under Section 41-1a-102; and
1598 (ii) has a gross vehicle weight rating of 12,001 pounds or more;
1599 (c) a vintage vehicle as defined in Section 41-21-1:
1600 (i) if the vintage vehicle has a model year of 1980 or older; or
1601 (ii) for a vintage vehicle that has a model year of 1981 or newer, if the owner provides
1602 proof of vehicle insurance that is a type specific to a vehicle collector;
1603 (d) a custom vehicle as defined in Section 41-6a-1507;
1604 (e) to the extent allowed under the current federally approved state implementation
1605 plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401, et seq., a motor
1606 vehicle that is less than two years old on January 1 based on the age of the vehicle as
1607 determined by the model year identified by the manufacturer;
1608 (f) a pickup truck, as defined in Section 41-1a-102, with a gross vehicle weight rating
1609 of 12,000 pounds or less, if the registered owner of the pickup truck provides a signed
1610 statement to the legislative body stating the truck is used:
1611 (i) by the owner or operator of a farm located on property that qualifies as land in
1612 agricultural use under Sections 59-2-502 and 59-2-503; and
1613 (ii) exclusively for the following purposes in operating the farm:
1614 (A) for the transportation of farm products, including livestock and its products,
1615 poultry and its products, floricultural and horticultural products; and
1616 (B) in the transportation of farm supplies, including tile, fence, and every other thing or
1617 commodity used in agricultural, floricultural, horticultural, livestock, and poultry production
1618 and maintenance;
1619 (g) a motorcycle as defined in Section 41-1a-102;
1620 (h) an electric motor vehicle as defined in Section 41-1a-102; and
1621 (i) a motor vehicle with a model year of 1967 or older.
1622 (5) The county shall issue to the registered owner who signs and submits a signed
1623 statement under Subsection (4)(f) a certificate of exemption from emissions inspection
1624 requirements for purposes of registering the exempt vehicle.
1625 (6) A legislative body of a county described in Subsection (1) may exempt from an
1626 emissions inspection program a diesel-powered motor vehicle with a:
1627 (a) gross vehicle weight rating of more than 14,000 pounds; or
1628 (b) model year of 1997 or older.
1629 (7) The legislative body of a county required under federal law to utilize a motor
1630 vehicle emissions inspection program shall require:
1631 (a) a computerized emissions inspection for a diesel-powered motor vehicle that has:
1632 (i) a model year of 2007 or newer;
1633 (ii) a gross vehicle weight rating of 14,000 pounds or less; and
1634 (iii) a model year that is five years old or older; and
1635 (b) a visual inspection of emissions equipment for a diesel-powered motor vehicle:
1636 (i) with a gross vehicle weight rating of 14,000 pounds or less;
1637 (ii) that has a model year of 1998 or newer; and
1638 (iii) that has a model year that is five years old or older.
1639 (8) (a) Subject to Subsection (8)(c), the legislative body of each county required under
1640 federal law to utilize a motor vehicle emissions inspection and maintenance program or in
1641 which an emissions inspection and maintenance program is necessary to attain or maintain any
1642 national ambient air quality standard may require each college or university located in a county
1643 subject to this section to require its students and employees who park a motor vehicle not
1644 registered in a county subject to this section to provide proof of compliance with an emissions
1645 inspection accepted by the county legislative body if the motor vehicle is parked on the college
1646 or university campus or property.
1647 (b) College or university parking areas that are metered or for which payment is
1648 required per use are not subject to the requirements of this Subsection (8).
1649 (c) The legislative body of a county shall make the reasons for implementing the
1650 provisions of this Subsection (8) part of the record at the time that the county legislative body
1651 takes its official action to implement the provisions of this Subsection (8).
1652 (9) (a) An emissions inspection station shall issue a certificate of emissions inspection
1653 for each motor vehicle that meets the inspection and maintenance program requirements
1654 established in regulations or ordinances made under Subsection (3).
1655 (b) The frequency of the emissions inspection shall be determined based on the age of
1656 the vehicle as determined by model year and shall be required annually subject to the
1657 provisions of Subsection (9)(c).
1658 (c) (i) To the extent allowed under the current federally approved state implementation
1659 plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401 et seq., the legislative
1660 body of a county identified in Subsection (1) shall only require the emissions inspection every
1661 two years for each vehicle.
1662 (ii) The provisions of Subsection (9)(c)(i) apply only to a vehicle that is less than six
1663 years old on January 1.
1664 (iii) For a county required to implement a new vehicle emissions inspection and
1665 maintenance program on or after December 1, 2012, under Subsection (1), but for which no
1666 current federally approved state implementation plan exists, a vehicle shall be tested at a
1667 frequency determined by the county legislative body, in consultation with the Air Quality
1668 Board created under Section 19-1-106, that is necessary to comply with federal law or attain or
1669 maintain any national ambient air quality standard.
1670 (iv) If a county legislative body establishes or changes the frequency of a vehicle
1671 emissions inspection and maintenance program under Subsection (9)(c)(iii), the establishment
1672 or change shall take effect on January 1 if the State Tax Commission receives notice meeting
1673 the requirements of Subsection (9)(c)(v) from the county before October 1.
1674 (v) The notice described in Subsection (9)(c)(iv) shall:
1675 (A) state that the county will establish or change the frequency of the vehicle emissions
1676 inspection and maintenance program under this section;
1677 (B) include a copy of the ordinance establishing or changing the frequency; and
1678 (C) if the county establishes or changes the frequency under this section, state how
1679 frequently the emissions testing will be required.
1680 (d) If an emissions inspection is only required every two years for a vehicle under
1681 Subsection (9)(c), the inspection shall be required for the vehicle in:
1682 (i) odd-numbered years for vehicles with odd-numbered model years; or
1683 (ii) in even-numbered years for vehicles with even-numbered model years.
1684 (10) (a) Except as provided in Subsections (9)(b), (c), and (d), the emissions inspection
1685 required under this section may be made no more than two months before the renewal of
1686 registration.
1687 (b) (i) If the title of a used motor vehicle is being transferred, the owner may use an
1688 emissions inspection certificate issued for the motor vehicle during the previous 11 months to
1689 satisfy the requirement under this section.
1690 (ii) If the transferor is a licensed and bonded used motor vehicle dealer, the owner may
1691 use an emissions inspection certificate issued for the motor vehicle in a licensed and bonded
1692 motor vehicle dealer's name during the previous 11 months to satisfy the requirement under
1693 this section.
1694 (c) If the title of a leased vehicle is being transferred to the lessee of the vehicle, the
1695 lessee may use an emissions inspection certificate issued during the previous 11 months to
1696 satisfy the requirement under this section.
1697 (d) If the motor vehicle is part of a fleet of 101 or more vehicles, the owner may not
1698 use an emissions inspection made more than 11 months before the renewal of registration to
1699 satisfy the requirement under this section.
1700 (e) If the application for renewal of registration is for a six-month registration period
1701 under Section 41-1a-215.5, the owner may use an emissions inspection certificate issued during
1702 the previous eight months to satisfy the requirement under this section.
1703 (11) (a) A county identified in Subsection (1) shall collect information about and
1704 monitor the program.
1705 (b) A county identified in Subsection (1) shall supply this information to an appropriate
1706 legislative committee, as designated by the Legislative Management Committee, at times
1707 determined by the designated committee to identify program needs, including funding needs.
1708 (12) If approved by the county legislative body, a county that had an established
1709 emissions inspection fee as of January 1, 2002, may increase the established fee that an
1710 emissions inspection station may charge by $2.50 for each year that is exempted from
1711 emissions inspections under Subsection (9)(c) up to a $7.50 increase.
1712 (13) (a) Except as provided in Subsection 41-1a-1223(1)(c), a county identified in
1713 Subsection (1) may impose a local emissions compliance fee on each motor vehicle registration
1714 within the county in accordance with the procedures and requirements of Section 41-1a-1223.
1715 (b) A county that imposes a local emissions compliance fee may use revenues
1716 generated from the fee for the establishment and enforcement of an emissions inspection and
1717 maintenance program in accordance with the requirements of this section.
1718 (c) A county that imposes a local emissions compliance fee may use revenues
1719 generated from the fee to promote programs to maintain a local, state, or national ambient air
1720 quality standard.
1721 (14) (a) If a county has reason to believe that a vehicle owner has provided an address
1722 as required in Section 41-1a-209 to register or attempt to register a motor vehicle in a county
1723 other than the county of the bona fide residence of the owner in order to avoid an emissions
1724 inspection required under this section, the county may investigate and gather evidence to
1725 determine whether the vehicle owner has used a false address or an address other than the
1726 vehicle owner's bona fide residence or place of business.
1727 (b) If a county conducts an investigation as described in Subsection (14)(a) and
1728 determines that the vehicle owner has used a false or improper address in an effort to avoid an
1729 emissions inspection as required in this section, the county may impose a civil penalty of
1730 $1,000.
1731 (15) A county legislative body described in Subsection (1) may exempt a motor vehicle
1732 from an emissions inspection if:
1733 (a) the motor vehicle is 30 years old or older;
1734 (b) the county determines that the motor vehicle was driven less than 1,500 miles
1735 during the preceding 12-month period; and
1736 (c) the owner provides to the county legislative body a statement signed by the owner
1737 that states the motor vehicle:
1738 (i) is primarily a collector's item used for:
1739 (A) participation in club activities;
1740 (B) exhibitions;
1741 (C) tours; or
1742 (D) parades; or
1743 (ii) is only used for occasional transportation.
1744 Section 32. Section 53-8-214 is amended to read:
1745 53-8-214. Creation of the Motor Vehicle Safety Impact Restricted Account.
1746 (1) There is created a restricted account within the General Fund known as the Motor
1747 Vehicle Safety Impact Restricted Account.
1748 (2) The account includes:
1749 (a) deposits made to the restricted account from registration fees as described in
1750 Subsection [
1751 (b) donations or deposits made to the account; and
1752 (c) any interest earned on the account.
1753 (3) Upon appropriation, the division may use funds in the account to improve motor
1754 vehicle safety, mitigate impacts, and enforce safety provisions, including the following:
1755 (a) hiring new Highway Patrol troopers;
1756 (b) payment of overtime for Highway Patrol troopers; and
1757 (c) acquisition of equipment to improve motor vehicle safety impacts and enforcement.
1758 (4) The division shall annually report to the Executive Offices and Criminal Justice
1759 Appropriations Subcommittee to justify expenditures and use of funds in the account.
1760 Section 33. Section 59-10-1319 is amended to read:
1761 59-10-1319. Contribution to Clean Air Fund.
1762 (1) (a) There is created an expendable special revenue fund known as the "Clean Air
1763 Fund."
1764 (b) The fund shall consist of all amounts deposited into the fund in accordance with
1765 Subsection (2).
1766 (2) (a) Except as provided in Section 59-10-1304, for a taxable year beginning on or
1767 after January 1, 2017, a resident or nonresident individual who files an individual income tax
1768 return under this chapter may designate on the resident or nonresident individual's individual
1769 income tax return a contribution as provided in this section to be:
1770 (i) deposited into the Clean Air Fund; and
1771 (ii) expended as provided in Subsection (3).
1772 (b) The fund shall also consist of amounts deposited into the fund through:
1773 [
1774 [
1775 [
1776 (3) (a) At least once each year, the commission shall disburse from the Clean Air Fund
1777 all money deposited into the fund since the last disbursement.
1778 (b) The commission shall disburse money under Subsection (3)(a) to the Division of
1779 Air Quality for the purpose of:
1780 (i) providing money for grants to individuals or organizations in the state to fund
1781 activities intended to improve air quality in the state;
1782 (ii) enhancing programs designed to educate the public about the importance of air
1783 quality to the health, well-being, and livelihood of individuals in the state; and
1784 (iii) pay the costs of issuing or reordering Clean Air Support special group license plate
1785 decals.
1786 Section 34. Section 62A-15-1103 is amended to read:
1787 62A-15-1103. Governor's Suicide Prevention Fund.
1788 (1) There is created an expendable special revenue fund known as the Governor's
1789 Suicide Prevention Fund.
1790 (2) The fund shall consist of donations [
1791 and bequests of real property or personal property made to the fund.
1792 (3) A donor to the fund may designate a specific purpose for the use of the donor's
1793 donation, if the designated purpose is described in Subsection (4).
1794 (4) (a) Subject to Subsection (3), money in the fund shall be used for the following
1795 activities:
1796 (i) efforts to directly improve mental health crisis response;
1797 (ii) efforts that directly reduce risk factors associated with suicide; and
1798 (iii) efforts that directly enhance known protective factors associated with suicide
1799 reduction.
1800 (b) Efforts described in Subsections (4)(a)(ii) and (iii) include the components of the
1801 state suicide prevention program described in Subsection 62A-15-1101(3).
1802 (5) The division shall establish a grant application and review process for the
1803 expenditure of money from the fund.
1804 (6) The grant application and review process shall describe:
1805 (a) requirements to complete a grant application;
1806 (b) requirements to receive funding;
1807 (c) criteria for the approval of a grant application;
1808 (d) standards for evaluating the effectiveness of a project proposed in a grant
1809 application; and
1810 (e) support offered by the division to complete a grant application.
1811 (7) The division shall:
1812 (a) review a grant application for completeness;
1813 (b) make a recommendation to the governor or the governor's designee regarding a
1814 grant application;
1815 (c) send a grant application to the governor or the governor's designee for evaluation
1816 and approval or rejection;
1817 (d) inform a grant applicant of the governor or the governor's designee's determination
1818 regarding the grant application; and
1819 (e) direct the fund administrator to release funding for grant applications approved by
1820 the governor or the governor's designee.
1821 (8) The state treasurer shall invest the money in the fund under Title 51, Chapter 7,
1822 State Money Management Act, except that all interest or other earnings derived from money in
1823 the fund shall be deposited into the fund.
1824 (9) Money in the fund may not be used for the Office of the Governor's administrative
1825 expenses that are normally provided for by legislative appropriation.
1826 (10) The governor or the governor's designee may authorize the expenditure of fund
1827 money in accordance with this section.
1828 (11) The governor shall make an annual report to the Legislature regarding the status of
1829 the fund, including a report on the contributions received, expenditures made, and programs
1830 and services funded.
1831 Section 35. Section 63G-26-103 is amended to read:
1832 63G-26-103. Protection of personal information.
1833 (1) Except as provided in Subsections (2), (3), and (5), a public agency may not:
1834 (a) require an individual to provide the public agency with personal information or
1835 otherwise compel the release of personal information;
1836 (b) require an entity exempt from federal income tax under Section 501(c) of the
1837 Internal Revenue Code to provide the public agency with personal information or compel the
1838 entity to release personal information;
1839 (c) release, publicize, or otherwise publicly disclose personal information in possession
1840 of a public agency; or
1841 (d) request or require a current or prospective contractor or grantee of the public
1842 agency to provide the public agency with a list of entities exempt from federal income tax
1843 under Section 501(c) of the Internal Revenue Code to which the contractor or grantee has
1844 provided financial or nonfinancial support.
1845 (2) Subsection (1) does not apply to:
1846 (a) a disclosure of personal information required under Title 20A, Election Code, Title
1847 36, Chapter 11, Lobbyist Disclosure and Regulation Act, or any other legal requirement
1848 relating to reporting campaign contributions, campaign expenditures, lobbying disclosures, or
1849 lobbying expenditures;
1850 (b) a disclosure of personal information expressly required by law;
1851 (c) a disclosure of personal information voluntarily made:
1852 (i) as part of public comment or in a public meeting; or
1853 (ii) in another manner that is publicly accessible;
1854 (d) a disclosure of personal information pursuant to a warrant or court order issued by a
1855 court of competent jurisdiction;
1856 (e) a lawful request for discovery of personal information in litigation or a criminal
1857 proceeding;
1858 (f) the use of personal information in a legal proceeding;
1859 (g) a public agency sharing personal information with another public agency in
1860 accordance with the requirements of law; or
1861 (h) a nonprofit created under Title 11, Chapter 13a, Governmental Nonprofit
1862 Corporations Act.
1863 (3) Subsections (1)(a), (b), and (d) do not apply to:
1864 (a) administration or enforcement of Title 13, Chapter 11, Utah Consumer Sales
1865 Practices Act, or Title 13, Chapter 22, Charitable Solicitations Act;
1866 (b) the request or use of personal information necessary to the State Tax Commission's
1867 administration of tax or motor vehicle laws; or
1868 (c) access to personal information by the Office of the Legislative Auditor General or
1869 the state auditor's office to conduct an audit.
1870 (4) A court shall consider whether to:
1871 (a) limit a request for discovery of personal information; or
1872 (b) issue a protective order in relation to the disclosure of personal information
1873 obtained or used in relation to a legal proceeding.
1874 (5) Subsection (1) does not apply to disclosure of a contributor[
1875
1876 terms are defined in Section 41-1a-1601.
1877 Section 36. Section 63I-1-241 is amended to read:
1878 63I-1-241. Repeal dates: Title 41.
1879 (1) Subsection [
1880 Injury Rehabilitation Fund, is repealed January 1, 2025.
1881 (2) Section 41-3-106, which creates an advisory board related to motor vehicle
1882 business regulation, is repealed July 1, 2024.
1883 (3) The following subsections addressing lane filtering are repealed on July 1, 2027:
1884 (a) Subsection 41-6a-102(31) that defines "lane filtering";
1885 (b) Subsection 41-6a-704(5); and
1886 (c) Subsection 41-6a-710(1)(c).
1887 (4) Subsection 41-6a-1406(6)(c)(iii), related to the Spinal Cord and Brain Injury
1888 Rehabilitation Fund, is repealed January 1, 2025.
1889 (5) Subsections 41-22-2(1) and 41-22-10(1)(a), which authorize an advisory council
1890 that includes in the advisory council's duties addressing off-highway vehicle issues, are
1891 repealed July 1, 2027.
1892 (6) Subsection 41-22-8(3), related to the Spinal Cord and Brain Injury Rehabilitation
1893 Fund, is repealed January 1, 2025.
1894 Section 37. Section 63I-1-263 is amended to read:
1895 63I-1-263. Repeal dates: Titles 63A to 63N.
1896 (1) Subsection 63A-5b-405(5), relating to prioritizing and allocating capital
1897 improvement funding, is repealed July 1, 2024.
1898 (2) Section 63A-5b-1003, State Facility Energy Efficiency Fund, is repealed July 1,
1899 2023.
1900 (3) Sections 63A-9-301 and 63A-9-302, related to the Motor Vehicle Review
1901 Committee, are repealed July 1, 2023.
1902 (4) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
1903 (a) Section 63A-18-102 is repealed;
1904 (b) Section 63A-18-201 is repealed; and
1905 (c) Section 63A-18-202 is repealed.
1906 (5) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
1907 1, 2028.
1908 (6) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
1909 2025.
1910 (7) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
1911 2024.
1912 (8) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
1913 repealed July 1, 2023.
1914 (9) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
1915 July 1, 2023.
1916 (10) Title 63C, Chapter 23, Education and Mental Health Coordinating Council, is
1917 repealed July 1, 2026.
1918 (11) Title 63C, Chapter 27, Cybersecurity Commission, is repealed July 1, 2032.
1919 (12) Title 63C, Chapter 28, Ethnic Studies Commission, is repealed July 1, 2026.
1920 (13) Section 63G-6a-805, which creates the Purchasing from Persons with Disabilities
1921 Advisory Board, is repealed July 1, 2026.
1922 (14) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
1923 2028.
1924 (15) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
1925 2024.
1926 (16) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
1927 [
1928
1929 [
1930 Marriage Commission, is repealed July 1, 2023.
1931 [
1932 repealed July 1, 2022.
1933 [
1934 Commission, is repealed January 1, 2025.
1935 [
1936 Committee, is repealed July 1, 2027.
1937 [
1938 on January 1, 2033:
1939 (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
1940 repealed;
1941 (b) Section 63M-7-305, the language that states "council" is replaced with
1942 "commission";
1943 (c) Subsection 63M-7-305(1)(a) is repealed and replaced with:
1944 "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
1945 (d) Subsection 63M-7-305(2) is repealed and replaced with:
1946 "(2) The commission shall:
1947 (a) provide ongoing oversight of the implementation, functions, and evaluation of the
1948 Drug-Related Offenses Reform Act; and
1949 (b) coordinate the implementation of Section 77-18-104 and related provisions in
1950 Subsections 77-18-103(2)(c) and (d).".
1951 [
1952 63M-7-504, is repealed July 1, 2027.
1953 [
1954 2026.
1955 [
1956 repealed January 1, 2025.
1957 [
1958 [
1959 July 1, 2028.
1960 [
1961 repealed July 1, 2027.
1962 [
1963 Program, is repealed July 1, 2025.
1964 [
1965 (a) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed;
1966 and
1967 (b) Subsection 63N-4-805(5)(b), referring to the Rural Employment Expansion
1968 Program, is repealed.
1969 [
1970 (a) Subsection 63N-2-511(1)(b), which defines "tourism board," is repealed;
1971 (b) Subsections 63N-2-511(3)(a) and (5), the language that states "tourism board" is
1972 repealed and replaced with "Utah Office of Tourism";
1973 (c) Subsection 63N-7-101(1), which defines "board," is repealed;
1974 (d) Subsection 63N-7-102(3)(c), which requires the Utah Office of Tourism to receive
1975 approval from the Board of Tourism Development, is repealed; and
1976 (e) Title 63N, Chapter 7, Part 2, Board of Tourism Development, is repealed.
1977 [
1978 Economic Opportunity to issue an amount of tax credit certificates only for rural productions,
1979 is repealed on July 1, 2024.
1980 Section 38. Section 63I-2-204 is amended to read:
1981 63I-2-204. Repeal dates: Title 4.
1982 (1) Title 4, Chapter 2, Part 6, Local Food Advisory Council, is repealed November 30,
1983 2027.
1984 (2) Title 4, Chapter 42, Utah Intracurricular Student Organization Support for
1985 Agricultural Education and Leadership, is repealed on July 1, 2024.
1986 [
1987 Section 39. Section 63I-2-209 is amended to read:
1988 63I-2-209. Repeal dates: Title 9.
1989 (1) Section 9-9-112, Bears Ears Visitor Center Advisory Committee, is repealed
1990 December 31, 2024.
1991 (2) Title 9, Chapter 6, Part 9, COVID-19 Cultural Assistance Grant Program, is
1992 repealed June 30, 2021.
1993 (3) Title 9, Chapter 17, Humanitarian Service and Educational and Cultural Exchange
1994 Restricted Account Act, is repealed on July 1, 2024.
1995 (4) Title 9, Chapter 18, Martin Luther King, Jr. Civil Rights Support Restricted
1996 Account Act, is repealed on July 1, 2024.
1997 (5) Title 9, Chapter 19, National Professional Men's Soccer Team Support of Building
1998 Communities Restricted Account Act, is repealed on July 1, 2024.
1999 Section 40. Section 63I-2-213 is amended to read:
2000 63I-2-213. Repeal dates: Title 13.
2001 (1) Section 13-1-16 is repealed on July 1, 2024.
2002 (2) Title 13, Chapter 47, Private Employer Verification Act, is repealed on the program
2003 start date, as defined in Section 63G-12-102.
2004 Section 41. Section 63I-2-219 is amended to read:
2005 63I-2-219. Repeal dates: Title 19.
2006 (1) Section 19-1-109 is repealed on July 1, 2024.
2007 [
2008 Panel, are repealed July 1, 2023.
2009 [
2010 emission reduction program, is repealed July 1, 2024.
2011 Section 42. Section 63I-2-223 is amended to read:
2012 63I-2-223. Repeal dates: Title 23.
2013 Section 23-14-13.5 is repealed on July 1, 2024.
2014 Section 43. Section 63I-2-226 is amended to read:
2015 63I-2-226. Repeal dates: Title 26 through 26B.
2016 (1) Subsection 26-2-12.6(3), relating to the report for birth certificate fees, is repealed
2017 December 31, 2022.
2018 (2) Subsection 26-7-8(3) is repealed January 1, 2027.
2019 (3) Section 26-8a-107 is repealed July 1, 2024.
2020 (4) Subsection 26-8a-203(3)(a)(i) is repealed January 1, 2023.
2021 (5) Section 26-8a-211 is repealed July 1, 2023.
2022 (6) In relation to the Air Ambulance Committee, on July 1, 2024, Subsection
2023 26-8a-602(1)(a) is amended to read:
2024 "(a) provide the patient or the patient's representative with the following information
2025 before contacting an air medical transport provider:
2026 (i) which health insurers in the state the air medical transport provider contracts with;
2027 (ii) if sufficient data is available, the average charge for air medical transport services
2028 for a patient who is uninsured or out of network; and
2029 (iii) whether the air medical transport provider balance bills a patient for any charge not
2030 paid by the patient's health insurer; and".
2031 (7) Subsection 26-18-2.4(3)(e) is repealed January 1, 2023.
2032 (8) Subsection 26-18-411(8), related to reporting on the health coverage improvement
2033 program, is repealed January 1, 2023.
2034 (9) Subsection 26-18-420(5), related to reporting on coverage for in vitro fertilization
2035 and genetic testing, is repealed July 1, 2030.
2036 (10) In relation to the Air Ambulance Committee, July 1, 2024, Subsection
2037 26-21-32(1)(a) is amended to read:
2038 "(a) provide the patient or the patient's representative with the following information
2039 before contacting an air medical transport provider:
2040 (i) which health insurers in the state the air medical transport provider contracts with;
2041 (ii) if sufficient data is available, the average charge for air medical transport services
2042 for a patient who is uninsured or out of network; and
2043 (iii) whether the air medical transport provider balance bills a patient for any charge not
2044 paid by the patient's health insurer; and".
2045 (11) Section 26-21a-302 is repealed on July 1, 2024.
2046 (12) Section 26-21a-304 is repealed on July 1, 2024.
2047 [
2048 [
2049 Program, is repealed July 1, 2027.
2050 (15) Section 26-58-102 is repealed on July 1, 2024.
2051 [
2052 [
2053 [
2054 repealed July 1, 2024.
2055 (19) Section 26B-1-302 is repealed on July 1, 2024.
2056 Section 44. Section 63I-2-253 is amended to read:
2057 63I-2-253. Repeal dates: Titles 53 through 53G.
2058 (1) Section 53-1-118 is repealed on July 1, 2024.
2059 (2) Section 53-1-120 is repealed on July 1, 2024.
2060 (3) Section 53-7-109 is repealed on July 1, 2024.
2061 [
2062 technical college board of trustees, is repealed July 1, 2022.
2063 (b) When repealing Subsection 53B-2a-108(5), the Office of Legislative Research and
2064 General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
2065 necessary changes to subsection numbering and cross references.
2066 [
2067 [
2068 repealed July 1, 2023.
2069 [
2070 [
2071 repealed on July 1, 2023:
2072 (a) in Subsection 53B-8-105(12), the language that states, "or any scholarship
2073 established under Sections 53B-8-202 through 53B-8-205";
2074 (b) Section 53B-8-202;
2075 (c) Section 53B-8-203;
2076 (d) Section 53B-8-204; and
2077 (e) Section 53B-8-205.
2078 [
2079 [
2080 repealed July 1, 2023.
2081 [
2082 Interpretation and Translation Services Procurement Advisory Council is repealed July 1, 2024.
2083 [
2084 Subcommittee evaluation and recommendations, is repealed January 1, 2024.
2085 [
2086 July 1, 2024.
2087 [
2088 Education's duties if contributions from the minimum basic tax rate are overestimated or
2089 underestimated, the language that states "or 53F-2-301.5, as applicable" is repealed July 1,
2090 2023.
2091 [
2092 is repealed July 1, 2024.
2093 [
2094 repealed July 1, 2023.
2095 [
2096 Program, is repealed July 1, 2023.
2097 [
2098 at-risk WPU add-on funding and previous at-risk funding, is repealed January 1, 2024.
2099 [
2100 is repealed July 1, 2024.
2101 [
2102 applicable" is repealed July 1, 2023.
2103 [
2104 enrollment in kindergarten, is repealed July 1, 2022.
2105 [
2106 in Subsection (4)(d)" is repealed July 1, 2022.
2107 [
2108 [
2109 applicable" is repealed July 1, 2023.
2110 [
2111 applicable" is repealed July 1, 2023.
2112 [
2113 applicable" is repealed July 1, 2023.
2114 [
2115 as applicable" is repealed July 1, 2023.
2116 (28) Section 53F-9-401 is repealed on July 1, 2024.
2117 (29) Section 53F-9-403 is repealed on July 1, 2024.
2118 [
2119 Legislative Research and General Counsel shall, in addition to the office's authority under
2120 Subsection 36-12-12(3), make corrections necessary to ensure that sections and subsections
2121 identified in this section are complete sentences and accurately reflect the office's perception of
2122 the Legislature's intent.
2123 Section 45. Section 63I-2-261 is amended to read:
2124 63I-2-261. Repeal dates: Title 61.
2125 Section 61-2-204 is repealed on July 1, 2024
2126 Section 46. Section 63I-2-263 is amended to read:
2127 63I-2-263. Repeal dates: Title 63A to Title 63N.
2128 (1) Title 63A, Chapter 2, Part 5, Educational Interpretation and Translation Services
2129 Procurement Advisory Council is repealed July 1, 2025.
2130 (2) Section 63A-17-303 is repealed July 1, 2023.
2131 (3) Subsection 63A-17-304(1)(c) is repealed July 1, 2022.
2132 (4) Title 63C, Chapter 22, Digital Wellness, Citizenship, and Safe Technology
2133 Commission is repealed July 1, 2023.
2134 (5) Section 63G-1-502 is repealed July 1, 2022.
2135 (6) The following sections regarding the World War II Memorial Commission are
2136 repealed July 1, 2022:
2137 (a) Section 63G-1-801;
2138 (b) Section 63G-1-802;
2139 (c) Section 63G-1-803; and
2140 (d) Section 63G-1-804.
2141 [
2142
2143 [
2144 [
2145 safety communications network, is repealed July 1, 2033.
2146 [
2147 Commission for property tax deferral reimbursements, is repealed July 1, 2027.
2148 [
2149 [
2150 [
2151 taxable year as the targeted business income tax credit, is repealed December 31, 2024.
2152 [
2153 Enterprise Zone, is repealed December 31, 2024.
2154 Section 47. Section 63I-2-272 is amended to read:
2155 63I-2-272. Repeal dates: Title 72.
2156 (1) Subsections 72-1-213.1(13)(a) and (b), related to the road usage charge rate and
2157 road usage charge cap, are repealed January 1, 2033.
2158 (2) Section 72-1-216.1 is repealed January 1, 2023.
2159 (3) Section72-2-127 is repealed on July 1, 2024.
2160 (4) Section 72-2-130 is repealed on July 1, 2024.
2161 [
2162 Section 48. Section 63I-2-278 is amended to read:
2163 63I-2-278. Repeal dates: Title 78A and Title 78B.
2164 (1) Section 78A-2-804 is repealed on July 1, 2024.
2165 [
2166 Unfiltered Devices, is not in effect before January 1, 2031, Title 78B, Chapter 6, Part 22, Cause
2167 of Action to Protect Minors from Unfiltered Devices, is repealed January 1, 2031.
2168 [
2169 Section 49. Section 63I-2-279 is amended to read:
2170 63I-2-279. Repeal dates: Title 79.
2171 (1) Section 79-2-206, Transition, is repealed July 1, 2024.
2172 (2) Title 79, Chapter 6, Part 8, Voluntary Home Energy Information Pilot Program Act,
2173 is repealed January 1, 2022.
2174 (3) Section 79-7-303 is repealed on July 1, 2024.
2175 Section 50. Section 63I-2-280 is enacted to read:
2176 63I-2-280. Repeal dates: Title 80.
2177 Section 80-2-502 is repealed on July 1, 2024.
2178 Section 51. Section 63J-1-602.1 is amended to read:
2179 63J-1-602.1. List of nonlapsing appropriations from accounts and funds.
2180 Appropriations made from the following accounts or funds are nonlapsing:
2181 [
2182
2183 [
2184 9-9-407.
2185 [
2186
2187 [
2188
2189 [
2190 Section 11-42a-106.
2191 [
2192 11-58-105.
2193 [
2194 [
2195 [
2196 in Section 19-2a-106.
2197 [
2198 created in Section 19-5-126.
2199 [
2200
2201 [
2202 under Section 24-4-117.
2203 [
2204 incurred in responding to a local health emergency under Section 26-1-38.
2205 [
2206
2207 [
2208 Program as provided in Section 26-40-108.
2209 [
2210
2211 [
2212 31A-3-104.
2213 [
2214 31A-3-105.
2215 [
2216 except to the extent that Section 31A-3-304 makes the money received under that section free
2217 revenue.
2218 [
2219 31A-23a-415.
2220 [
2221 Section 31A-30-115.
2222 [
2223 31A-31-108.
2224 [
2225 Restricted Account created in Section 32B-2-306.
2226 [
2227 Restricted Account created in Section 32B-2-308.
2228 [
2229 [
2230 certain products or services, as provided in Section 35A-13-202.
2231 [
2232 40-6-11.
2233 [
2234 [
2235 40-6-23.
2236 [
2237 41-1a-121 to the Motor Vehicle Division.
2238 (23) The License Plate Restricted Account created by Section 41-1a-122 to the Motor
2239 Vehicle Division.
2240 [
2241 Account created by Section 41-3-110 to the State Tax Commission.
2242 [
2243
2244 [
2245 Emergency Management, as provided in Section 53-2a-603.
2246 [
2247 Section 53-2a-1302.
2248 [
2249 Public Safety, as provided in Section 53-3-106.
2250 [
2251 Section 53-8-303.
2252 [
2253 [
2254 [
2255 53B-2a-118.
2256 [
2257 53B-22-202.
2258 [
2259 School Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
2260 [
2261 54-5-1.5, subject to Subsection 54-5-1.5(4)(d).
2262 [
2263 access to an electronic reference library, as provided in Section 58-3a-105.
2264 [
2265 violation of unlawful or unprofessional conduct that are used for education and enforcement
2266 purposes, as provided in Section 58-17b-505.
2267 [
2268 access to an electronic reference library, as provided in Section 58-22-104.
2269 [
2270 access to an electronic reference library, as provided in Section 58-55-106.
2271 [
2272 access to an electronic reference library, as provided in Section 58-56-3.5.
2273 [
2274 education and enforcement of the Security Personnel Licensing Act, as provided in Section
2275 58-63-103.
2276 [
2277 [
2278 [
2279 background check for a mortgage loan license, as provided in Section 61-2c-202.
2280 [
2281 background check for principal broker, associate broker, and sales agent licenses, as provided
2282 in Section 61-2f-204.
2283 [
2284 provided in Section 26B-1-202.
2285 [
2286
2287 [
2288 provided in Section 80-2-404.
2289 [
2290
2291 [
2292 provided in Section 63G-3-402.
2293 [
2294 [
2295 provided in Section 63H-1-504.
2296 [
2297 63H-7a-303.
2298 [
2299 63H-7a-304.
2300 [
2301 63H-7a-403.
2302 [
2303 63N-6-204.
2304 [
2305 [
2306 Commission, as provided under Section 63N-10-301.
2307 [
2308 inmates, as provided in Subsection 64-13e-104(2).
2309 [
2310 Fire, and State Lands, as provided in Section 65A-8-103.
2311 [
2312 72-16-204.
2313 [
2314 fines or bonds, as provided in Section 73-3-25.
2315 [
2316 Section 73-23-2.
2317 [
2318 Subsection 78A-6-203(1)(c).
2319 [
2320 [
2321 78B-6-141, 78B-6-144, and 78B-6-144.5.
2322 [
2323 Part 4, Utah Indigent Defense Commission.
2324 [
2325 created in Section 79-3-403.
2326 [
2327 State Park, and Green River State Park, as provided under Section 79-4-403.
2328 [
2329
2330
2331 [
2332 disposal of buffalo, as provided under Section 79-4-1001.
2333 Section 52. Section 63J-1-602.2 is amended to read:
2334 63J-1-602.2. List of nonlapsing appropriations to programs.
2335 Appropriations made to the following programs are nonlapsing:
2336 (1) The Legislature and the Legislature's committees.
2337 (2) The State Board of Education, including all appropriations to agencies, line items,
2338 and programs under the jurisdiction of the State Board of Education, in accordance with
2339 Section 53F-9-103.
2340 (3) The Percent-for-Art Program created in Section 9-6-404.
2341 (4) The LeRay McAllister Critical Land Conservation Program created in Section
2342 4-46- 301.
2343 (5) The Utah Lake Authority created in Section 11-65-201.
2344 (6) Dedicated credits accrued to the Utah Marriage Commission as provided under
2345 Subsection 17-16-21(2)(d)(ii).
2346 (7) The Division of Wildlife Resources for the appraisal and purchase of lands under
2347 the Pelican Management Act, as provided in Section 23-21a-6.
2348 (8) The Emergency Medical Services Grant Program in Section 26-8a-207.
2349 (9) The primary care grant program created in Section 26-10b-102.
2350 (10) Sanctions collected as dedicated credits from Medicaid providers under
2351 Subsection 26-18-3(7).
2352 (11) The Utah Health Care Workforce Financial Assistance Program created in Section
2353 26-46-102.
2354 (12) The Rural Physician Loan Repayment Program created in Section 26-46a-103.
2355 (13) The Opiate Overdose Outreach Pilot Program created in Section 26-55-107.
2356 (14) The Utah Medical Education Council for the:
2357 (a) administration of the Utah Medical Education Program created in Section
2358 26-69-403;
2359 (b) provision of medical residency grants described in Section 26-69-407; and
2360 (c) provision of the forensic psychiatric fellowship grant described in Section
2361 26-69-408.
2362 (15) Funds that the Department of Alcoholic Beverage Services retains in accordance
2363 with Subsection 32B-2-301(8)(a) or (b).
2364 (16) The General Assistance program administered by the Department of Workforce
2365 Services, as provided in Section 35A-3-401.
2366 (17) The Utah National Guard, created in [
2367 National Guard and Militia Act.
2368 [
2369 [
2370 [
2371 [
2372 Section 53-2a-1102.
2373 [
2374 [
2375 provided in Section 53B-6-104.
2376 [
2377 Subsection 53G-10-608(6).
2378 [
2379 Section 62A-5-102.
2380 [
2381 storage tanks under Section 63A-9-401.
2382 [
2383 [
2384 under Section 63A-16-903.
2385 [
2386 63G-3-402.
2387 [
2388 Colorado River Authority of Utah Act.
2389 [
2390 Zone Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
2391 [
2392 Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural Employment
2393 Expansion Program.
2394 [
2395 65A-2-8.
2396 [
2397 provided in Section 63A-17-106.
2398 [
2399 fund, as provided in Section 69-2-301.
2400 [
2401 [
2402 Account to the Division of Water Rights, created in Section 73-2-1.1, for purposes of
2403 participating in a settlement of federal reserved water right claims.
2404 [
2405 in Section 77-10a-19.
2406 [
2407 78A-6-210.
2408 [
2409 [
2410 [
2411 and 78B-6-144.5.
2412 [
2413 Defense Commission.
2414 [
2415 Management under Section 63A-5b-703 under which state agencies receive an appropriation
2416 and pay lease payments for the use and occupancy of buildings owned by the Division of
2417 Facilities Construction and Management.
2418 [
2419 taxes in accordance with Section 59-2-1802.
2420 Section 53. Section 71-8-2 is amended to read:
2421 71-8-2. Department of Veterans and Military Affairs created -- Appointment of
2422 executive director -- Department responsibilities.
2423 (1) There is created the Department of Veterans and Military Affairs.
2424 (2) The governor shall appoint an executive director for the department, after
2425 consultation with the Veterans Advisory Council, who is subject to Senate confirmation.
2426 (a) The executive director shall be an individual who:
2427 (i) has served on active duty in the armed forces for more than 180 consecutive days;
2428 (ii) was a member of a reserve component who served in a campaign or expedition for
2429 which a campaign medal has been authorized; or
2430 (iii) incurred an actual service-related injury or disability in the line of duty, whether or
2431 not that person completed 180 consecutive days of active duty; and
2432 (iv) was separated or retired under honorable conditions.
2433 (b) Any veteran or veterans group may submit names to the council for consideration.
2434 (3) The department shall:
2435 (a) conduct and supervise all veteran activities as provided in this title;
2436 [
2437
2438 [
2439
2440 [
2441
2442 [
2443 Rulemaking Act, to carry out the provisions of this title; and
2444 [
2445 employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
2446 22, State Training and Certification Requirements, if the training or certification is required:
2447 (i) under this title;
2448 (ii) by the department; or
2449 (iii) by an agency or division within the department.
2450 (4) (a) The department may award grants for the purpose of supporting veteran and
2451 military outreach, employment, education, healthcare, homelessness prevention, and
2452 recognition events.
2453 (b) The department may award a grant described in Subsection (4)(a) to:
2454 (i) an institution of higher education listed in Section 53B-1-102;
2455 (ii) a nonprofit organization involved in veterans or military-related activities; or
2456 (iii) a political subdivision of the state.
2457 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2458 department shall make rules for the administration of grants, including establishing:
2459 (i) the form and process for submitting an application to the department;
2460 (ii) the method and criteria for selecting a grant recipient;
2461 (iii) the method and formula for determining a grant amount; and
2462 (iv) the reporting requirements of a grant recipient.
2463 (d) A grant may be awarded by the department only after consultation with the
2464 Veterans Advisory Council.
2465 (5) Nothing in this chapter shall be construed as altering or preempting the provisions
2466 of [
2467 related to the Utah National Guard.
2468 Section 54. Section 71-8-4 is amended to read:
2469 71-8-4. Veterans Advisory Council -- Membership -- Duties and responsibilities --
2470 Per diem and travel expenses.
2471 (1) There is created a Veterans Advisory Council whose purpose is to advise the
2472 executive director of the Department of Veterans and Military Affairs on issues relating to
2473 veterans.
2474 (2) The council shall consist of the following 14 members:
2475 (a) 11 voting members to serve four-year terms:
2476 (i) seven veterans at large appointed by the governor;
2477 (ii) the commander or the commander's designee, whose terms shall last for as long as
2478 they hold that office, from each of the following organizations:
2479 (A) Veterans of Foreign Wars;
2480 (B) American Legion; and
2481 (C) Disabled American Veterans; and
2482 (iii) a representative from the Office of the Governor; and
2483 (b) three nonvoting members:
2484 (i) the executive director of the Department of Veterans and Military Affairs;
2485 (ii) the director of the VA Health Care System or his designee; and
2486 (iii) the director of the VA Benefits Administration Regional Office in Salt Lake City,
2487 or his designee.
2488 (3) (a) Except as required by Subsection (3)(b), as terms of current council members
2489 expire, the governor shall appoint each new or reappointed member to a four-year term
2490 commencing on July 1.
2491 (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
2492 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
2493 council members are staggered so that approximately half of the members appointed by the
2494 governor are appointed every two years.
2495 (4) When a vacancy occurs in the membership for any reason, the governor shall
2496 appoint a replacement for the unexpired term within 60 days of receiving notice.
2497 (5) Members appointed by the governor may not serve more than three consecutive
2498 terms.
2499 (6) (a) Any veterans group or veteran may provide the executive director with a list of
2500 recommendations for members on the council.
2501 (b) The executive director shall provide the governor with the list of recommendations
2502 for members to be appointed to the council.
2503 (c) The governor shall make final appointments to the council by June 30 of any year in
2504 which appointments are to be made under this chapter.
2505 (7) The council shall elect a chair and vice chair from among the council members
2506 every two years. The chair and vice chair shall each be an individual who:
2507 (a) has served on active duty in the armed forces for more than 180 consecutive days;
2508 (b) was a member of a reserve component who served in a campaign or expedition for
2509 which a campaign medal has been authorized; or
2510 (c) incurred an actual service-related injury or disability in the line of duty, whether or
2511 not that person completed 180 consecutive days of active duty; and
2512 (d) was separated or retired under honorable conditions.
2513 (8) (a) The council shall meet at least once every quarter.
2514 (b) The executive director of the Department of Veterans and Military Affairs may
2515 convene additional meetings, as necessary.
2516 (9) The department shall provide staff to the council.
2517 (10) Six voting members are a quorum for the transaction of business.
2518 (11) The council shall:
2519 (a) solicit input concerning veterans issues from veterans' groups throughout the state;
2520 (b) report issues received to the executive director of the Department of Veterans and
2521 Military Affairs and make recommendations concerning them;
2522 (c) keep abreast of federal developments that affect veterans locally and advise the
2523 executive director of them;
2524 (d) approve, by a majority vote, the use of money generated from veterans license
2525 plates under Section [
2526 (e) assist the director in developing guidelines and qualifications for:
2527 (i) participation by donors and recipients in the Veterans Assistance Registry created in
2528 Section 71-12-101; and
2529 (ii) developing a process for providing contact information between qualified donors
2530 and recipients.
2531 (12) A member may not receive compensation or benefits for the member's service, but
2532 may receive per diem and travel expenses in accordance with:
2533 (a) Section 63A-3-106;
2534 (b) Section 63A-3-107; and
2535 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2536 63A-3-107.
2537 Section 55. Section 79-4-402 is amended to read:
2538 79-4-402. State Park Fees Restricted Account.
2539 (1) There is created within the General Fund a restricted account known as the State
2540 Park Fees Restricted Account.
2541 (2) (a) Except as provided in Subsection (2)(b), the account shall consist of revenue
2542 from:
2543 [
2544 [
2545 [
2546 79-4-1001(2)(b); and
2547 [
2548 (b) The account shall not include revenue the division receives under Section 79-4-403
2549 and Subsection 79-4-1001(2)(a).
2550 (3) The division shall use funds in this account for the purposes described in Section
2551 79-4-203.
2552 Section 56. Section 79-7-203 is amended to read:
2553 79-7-203. Powers and duties of division.
2554 (1) As used in this section, "real property" includes land under water, upland, and all
2555 other property commonly or legally defined as real property.
2556 (2) The Division of Wildlife Resources shall retain the power and jurisdiction
2557 conferred upon the Division of Wildlife Resources by law on property controlled by the
2558 division with reference to fish and game.
2559 (3) For purposes of property controlled by the division, the division shall permit
2560 multiple uses of the property for purposes such as grazing, fishing, hunting, camping, mining,
2561 and the development and use of water and other natural resources.
2562 (4) (a) The division may acquire real and personal property in the name of the state by
2563 legal and proper means, including purchase, gift, devise, eminent domain, lease, exchange, or
2564 otherwise, subject to the approval of the executive director and the governor.
2565 (b) In acquiring real or personal property, the credit of the state may not be pledged
2566 without the consent of the Legislature.
2567 (5) (a) Before acquiring any real property, the division shall notify the county
2568 legislative body of the county where the property is situated of the division's intention to
2569 acquire the property.
2570 (b) If the county legislative body requests a hearing within 10 days of receipt of the
2571 notice, the division shall hold a public hearing in the county concerning the matter.
2572 (6) Acceptance of gifts or devises of land or other property is at the discretion of the
2573 division, subject to the approval of the executive director and the governor.
2574 (7) The division shall acquire property by eminent domain in the manner authorized by
2575 Title 78B, Chapter 6, Part 5, Eminent Domain.
2576 (8) (a) The division may make charges for special services and use of facilities, the
2577 income from which is available for recreation purposes.
2578 (b) The division may conduct and operate those services necessary for the comfort and
2579 convenience of the public.
2580 (9) (a) The division may lease or rent concessions of lawful kinds and nature on
2581 property to persons, partnerships, and corporations for a valuable consideration after notifying
2582 the commission.
2583 (b) The division shall comply with Title 63G, Chapter 6a, Utah Procurement Code, in
2584 selecting concessionaires.
2585 (10) The division shall proceed without delay to negotiate with the federal government
2586 concerning the Weber Basin and other recreation and reclamation projects.
2587 (11) (a) The division shall coordinate with and annually report to the following
2588 regarding land acquisition and development and grants administered under this chapter or
2589 Chapter 8, Outdoor Recreation Grants:
2590 (i) the Division of State Parks; and
2591 (ii) the Office of Rural Development.
2592 (b) The report required under Subsection (11)(a) shall be in writing, made public, and
2593 include a description and the amount of any grant awarded under this chapter or Chapter 8,
2594 Outdoor Recreation Grants.
2595 (12) The division shall:
2596 (a) coordinate outdoor recreation policy, management, and promotion:
2597 (i) among state and federal agencies and local government entities in the state;
2598 (ii) with the Public Lands Policy Coordinating Office created in Section 63L-11-201, if
2599 public land is involved; and
2600 (iii) on at least a quarterly basis, with the executive director and the executive director
2601 of the Governor's Office of Economic Opportunity;
2602 (b) in cooperation with the Governor's Office of Economic Opportunity, promote
2603 economic development in the state by:
2604 (i) coordinating with outdoor recreation stakeholders;
2605 (ii) improving recreational opportunities; and
2606 (iii) recruiting outdoor recreation business;
2607 (c) promote all forms of outdoor recreation, including motorized and nonmotorized
2608 outdoor recreation;
2609 (d) recommend to the governor and Legislature policies and initiatives to enhance
2610 recreational amenities and experiences in the state and help implement those policies and
2611 initiatives;
2612 (e) in performing the division's duties, seek to ensure safe and adequate access to
2613 outdoor recreation for all user groups and for all forms of recreation;
2614 (f) develop data regarding the impacts of outdoor recreation in the state; and
2615 (g) promote the health and social benefits of outdoor recreation, especially to young
2616 people.
2617 (13) By following Title 63J, Chapter 5, Federal Funds Procedures Act, the division
2618 may:
2619 (a) seek federal grants or loans;
2620 (b) seek to participate in federal programs; and
2621 (c) in accordance with applicable federal program guidelines, administer federally
2622 funded outdoor recreation programs.
2623 [
2624
2625 Section 57. Section 79-7-303 is amended to read:
2626 79-7-303. Zion National Park Support Programs Restricted Account.
2627 (1) There is created within the General Fund the "Zion National Park Support
2628 Programs Restricted Account."
2629 (2) The Zion National Park Support Programs Restricted Account shall be funded by:
2630 [
2631
2632 [
2633 [
2634 (3) The Legislature shall appropriate money in the Zion National Park Support
2635 Programs Restricted Account to the division.
2636 (4) The division may expend up to 10% of the money appropriated under Subsection
2637 (3) to administer account distributions in accordance with Subsections (5) and (6).
2638 (5) The division shall distribute contributions to one or more organizations that:
2639 (a) are exempt from federal income taxation under Section 501(c)(3), Internal Revenue
2640 Code;
2641 (b) operate under a written agreement with the National Park Service to provide
2642 interpretive, educational, and research activities for the benefit of Zion National Park;
2643 (c) produce and distribute educational and promotional materials on Zion National
2644 Park;
2645 (d) conduct educational courses on the history and ecosystem of the greater Zion
2646 Canyon area; and
2647 (e) provide other programs that enhance visitor appreciation and enjoyment of Zion
2648 National Park.
2649 (6) (a) An organization described in Subsection (5) may apply to the division to receive
2650 a distribution in accordance with Subsection (5).
2651 (b) An organization that receives a distribution from the division in accordance with
2652 Subsection (5) shall expend the distribution only to:
2653 (i) produce and distribute educational and promotional materials on Zion National
2654 Park;
2655 (ii) conduct educational courses on the history and ecosystem of the greater Zion
2656 Canyon area; and
2657 (iii) provide other programs that enhance visitor appreciation and enjoyment of Zion
2658 National Park.
2659 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
2660 after notifying the commission, the division may make rules providing procedures and
2661 requirements for an organization to apply to the division to receive a distribution under
2662 Subsection (5).
2663 Section 58. Repealer.
2664 This bill repeals:
2665 Section 41-1a-421, Honor special group license plates -- Personal identity
2666 requirements.
2667 Section 41-1a-422, Support special group license plates -- Contributor -- Voluntary
2668 contribution collection procedures.
2669 Section 59. Effective date.
2670 This bill takes effect on January 1, 2024.
2671 Section 60. Coordinating H.B. 26 with H.B. 55 -- Substantive and technical
2672 amendments.
2673 If this H.B. 26 and H.B. 55, Off-highway Vehicle Registration Amendments, both pass
2674 and become law, it is the intent of the Legislature that the Office of Legislative Research and
2675 General Counsel shall prepare the Utah Code database for publication on January 1, 2024, by
2676 amending Subsection 41-22-19(5)(c) in H.B. 55 to read:
2677 "(c) The Motor Vehicle Division shall deposit the fee described in Subsection (5)(a)
2678 into the License Plate Restricted Account created under Section 41-1a-122.".