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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to the issuance of personalized license plates.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms related to words on a personalized license plate;
13 ▸ prohibits the Motor Vehicle Division from issuing a personalized license plate if the
14 requested combination of numbers and letters is indecent, obscene, profane, or
15 connotes certain other illegal activities or substances;
16 ▸ provides a severability clause; and
17 ▸ makes technical changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 This bill provides a special effective date.
22 Utah Code Sections Affected:
23 AMENDS:
24 41-1a-411, as last amended by Laws of Utah 2020, Chapter 259
25 41-1a-419, as last amended by Laws of Utah 2023, Chapter 33
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27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 41-1a-411 is amended to read:
29 41-1a-411. Application for personalized plates -- Refusal authorized.
30 (1) As used in this section:
31 (a) (i) "Indecent" or "indecency" means a statement or use of innuendo, euphemism, or
32 double-entendre that:
33 (A) depicts or describes sexual or eliminatory activities or organs; and
34 (B) is patently offensive or appears to pander or is used to titillate or shock.
35 (ii) "Indecent" includes terms that describe or connote breasts, genitalia, pubic area, or
36 buttocks.
37 (iii) "Indecent" does not include the use of the number "69" if the number "69" is used
38 in a combination with the vehicle make, model, style, or type, or commonly used or readily
39 understood abbreviations of those terms.
40 (b) "Obscene" or "obscenity" means a statement that:
41 (i) appeals to sexual or lustful ideas or desires; or
42 (ii) describes sexual conduct.
43 (c) (i) "Profane" or "profanity" means a statement that is vulgar, coarse, or irreverent.
44 (ii) "Profane" or "profanity" includes:
45 (A) any personally reviling epithet or slur; or
46 (B) a swear word.
47 (d) "Slur" means a word or phrase that:
48 (i) refers to one or more members of a group based on the group's:
49 (A) race;
50 (B) color;
51 (C) national origin;
52 (D) religion;
53 (E) age;
54 (F) sex;
55 (G) gender identity;
56 (H) sexual orientation;
57 (I) citizenship status; or
58 (J) physical or mental disability;
59 (ii) is derogatory;
60 (iii) would be viewed as offensive or dehumanizing by members of the group; and
61 (iv) would provoke a strong negative reaction by members of the group.
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63 an application for the plates in the form and by the date the division requires, indicating the
64 combination of letters, numbers, or both requested as a registration number.
65 (3) (a) The division may not issue a personalized license plate if the combination of
66 letters, numbers, or both:
67 (i) is determined to include indecency, obscenity, or profanity;
68 (ii) connotes:
69 (A) any intoxicant or illicit narcotic or drug;
70 (B) the sale, use, seller, purveyor, or user of any intoxicant or any illicit narcotic or
71 drug; or
72 (C) the physiological or mental state produced by any intoxicant or any illicit narcotic
73 or drug; or
74 (iii) includes words, signs, or symbols that represent:
75 (A) illegal activity;
76 (B) organized crime associations; or
77 (C) gang or gang terminology.
78 (b) In determining whether the requested personalized license plate is indecent,
79 obscene, profane, or is otherwise prohibited as described in Subsection (3)(a), the division shall
80 consider how an objective, reasonable person would interpret the requested language with no
81 other context.
82 (c) The division may refuse to issue a combination of letters, numbers, or both as a
83 registration number if that same combination is already in use as a registration number on an
84 existing license plate.
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104 may not refuse a combination of letters, numbers, or both as a registration number if:
105 (i) the license plate is an honor special group license plate as described in Section
106 41-1a-421, and the combination of letters, numbers, or both refers to:
107 (A) a year related to military service;
108 (B) a military branch; or
109 (C) an official achievement, badge, or honor received for military service; or
110 (ii) the combination of letters, numbers, or both as a registration number refers to an
111 official state symbol described in Section 63G-1-601.
112 (b) If an applicant requests a combination containing only numbers, the division may
113 refuse the combination if the combination includes less than four numerical digits.
114 (5) If any provision of this section or the application of this section to any person or
115 circumstances is held invalid, the invalidity does not affect other provisions or applications of
116 this section that can be given effect without the invalid provision or application, and to this end
117 the provisions of this section are declared to be severable.
118 Section 2. Section 41-1a-419 is amended to read:
119 41-1a-419. Plate design -- Vintage vehicle certification and registration --
120 Personalized special group license plates -- Rulemaking.
121 (1) (a) In accordance with Subsection (1)(b), the division shall determine the design
122 and number of numerals or characters on a special group license plate.
123 (b) (i) Except as provided in Subsection (1)(b)(ii), each special group license plate
124 shall display:
125 (A) the word Utah;
126 (B) the name or identifying slogan of the special group;
127 (C) a symbol decal not exceeding two positions in size representing the special group;
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129 (D) the combination of letters, numbers, or both uniquely identifying the registered
130 vehicle.
131 (ii) The division, in consultation with the Utah State Historical Society, shall design
132 the historical support special group license plate, which shall:
133 (A) have a black background;
134 (B) have white characters; and
135 (C) display the word Utah.
136 (2) (a) The division shall, after consultation with a representative designated by the
137 sponsoring organization as defined in Section 41-1a-1601, specify the word or words
138 comprising the special group name and the symbol decal to be displayed upon the special group
139 license plate.
140 (b) A special group license plate symbol decal may not be redesigned:
141 (i) unless the division receives a redesign fee established by the division under Section
142 63J-1-504; and
143 (ii) more frequently than every five years.
144 (c) A special group license plate symbol decal may not be reordered unless the division
145 receives a symbol decal reorder fee established by the division in accordance with Section
146 63J-1-504.
147 (3) The license plates issued for horseless carriages prior to July 1, 1992, are valid
148 without renewal as long as the vehicle is owned by the registered owner and the license plates
149 may not be recalled by the division.
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151 described in this part or Part 16, Sponsored Special Group License Plates, for a special group
152 license plate may, apply for a personalized special group license plate in accordance with
153 Sections 41-1a-410 and 41-1a-411.
154 (5) Subject to this chapter, the commission shall make rules in accordance with Title
155 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
156 (a) establish qualifying criteria for persons to receive, renew, or surrender special group
157 license plates; and
158 (b) establish the number of numerals or characters for special group license plates.
159 Section 3. Effective date.
160 This bill takes effect on July 1, 2024.