H.B. 26
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: K.P. Gasser 6
6 12-20-22 2:12 PM 6
H.B. 26
1 LICENSE PLATE AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Norman K Thurston
5 Senate Sponsor: ____________
6
7LONG TITLE
8Committee Note:
9 The Transportation Interim Committee recommended this bill.
10 Legislative Vote:11 voting for0 voting against 7 absent
11General Description:
12 This bill modifies provisions related to standard issue license plates, personalized
13license plates, and special group license plates.
14Highlighted Provisions:
15 This bill:
16 <defines terms;
17 <amends provisions regarding standard license plates;
18 <creates a two-year moratorium on the personalized license plate program;
19 <creates the sponsored special group license plate program and changes the process
20to establish a new special group license plate;
21 <establishes eligibility criteria for different categories of sponsored special group
22license plates;
23 <allows a county to exempt a motor vehicle from an emissions inspection under
24certain circumstances;
25 <creates a restricted account to administer existing fees related to license plates and
26vehicle registration;
27 <repeals certain restricted accounts and other provisions related to license plate
*HB0026* H.B. 26 12-20-22 2:12 PM
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28issuance and administration; and
29 < makes technical and conforming changes.
30Money Appropriated in this Bill:
31 None
32Other Special Clauses:
33 This bill provides a special effective date.
34Utah Code Sections Affected:
35AMENDS:
36 9-8-207, as last amended by Laws of Utah 2018, Chapter 260
37 26-18b-101, as last amended by Laws of Utah 2021, Chapter 378
38 26-54-102, as last amended by Laws of Utah 2019, Chapter 405
39 41-1a-102, as last amended by Laws of Utah 2022, Chapters 92, 180
40 41-1a-222, as last amended by Laws of Utah 2017, Chapter 24
41 41-1a-226, as last amended by Laws of Utah 2022, Chapter 259
42 41-1a-401, as last amended by Laws of Utah 2022, Chapter 259
43 41-1a-410, as last amended by Laws of Utah 1993, Chapter 222
44 41-1a-411, as last amended by Laws of Utah 2020, Chapter 259
45 41-1a-416, as last amended by Laws of Utah 2008, Chapter 382
46 41-1a-419, as last amended by Laws of Utah 2018, Chapter 260
47 41-1a-1201, as last amended by Laws of Utah 2022, Chapter 259
48 41-1a-1204, as last amended by Laws of Utah 2012, Chapter 397
49 41-1a-1206, as last amended by Laws of Utah 2022, Chapters 56 and 259
50 41-1a-1211, as last amended by Laws of Utah 2015, Chapter 119
51 41-1a-1212, as last amended by Laws of Utah 2014, Chapters 61, 237 and 237
52 41-1a-1218, as last amended by Laws of Utah 2012, Chapter 397
53 41-1a-1222, as last amended by Laws of Utah 2021, Chapter 420
54 41-1a-1305, as last amended by Laws of Utah 2020, Chapter 74
55 41-6a-1642, as last amended by Laws of Utah 2022, Chapters 160, 259
56 53-8-214, as enacted by Laws of Utah 2017, Chapter 406
57 59-10-1319, as last amended by Laws of Utah 2020, Chapter 322
58 62A-15-1103, as last amended by Laws of Utah 2022, Chapters 19, 149 12-20-22 2:12 PM H.B. 26
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59 63G-26-103, as enacted by Laws of Utah 2020, Chapter 393
60 63I-1-241, as last amended by Laws of Utah 2022, Chapters 68, 92, 104, and 110
61 63I-1-263, as last amended by Laws of Utah 2022, Chapters 23, 34, 68, 153, 218, 236,
62249, 274, 296, 313, 361, 362, 417, 419, and 472
63 63I-2-204, as last amended by Laws of Utah 2022, Chapters 67, 68
64 63I-2-209, as last amended by Laws of Utah 2021, Chapter 380
65 63I-2-213, as last amended by Laws of Utah 2022, Chapter 400
66 63I-2-219, as last amended by Laws of Utah 2022, Chapter 95
67 63I-2-223, as last amended by Laws of Utah 2012, Chapter 369
68 63I-2-226, as last amended by Laws of Utah 2022, Chapters 255, 365
69 63I-2-253, as last amended by Laws of Utah 2022, Chapters 208, 229, 274, 354, 370,
70and 409
71 63I-2-261, as last amended by Laws of Utah 2013, Chapter 278
72 63I-2-272, as last amended by Laws of Utah 2022, Chapters 56, 83 and 259
73 63I-2-278, as last amended by Laws of Utah 2022, Chapter 470
74 63I-2-279, as last amended by Laws of Utah 2022, Chapter 68
75 63J-1-602.1, as last amended by Laws of Utah 2022, Chapters 48, 191, 255, 335, 415,
76and 451
77 63J-1-602.2, as last amended by Laws of Utah 2022, Chapters 59, 68, 154, 224, 236,
78242, and 447 and last amended by Coordination Clause, Laws of Utah 2022,
79Chapter 154
80 71-8-2, as last amended by Laws of Utah 2020, Chapter 409
81 71-8-4, as last amended by Laws of Utah 2018, Chapter 39
82 79-4-402, as last amended by Laws of Utah 2022, Chapter 48
83 79-7-203, as last amended by Laws of Utah 2022, Chapter 68
84 79-7-303, as renumbered and amended by Laws of Utah 2022, Chapter 68
85ENACTS:
86 41-1a-122, Utah Code Annotated 1953
87 41-1a-1601, Utah Code Annotated 1953
88 41-1a-1602, Utah Code Annotated 1953
89 41-1a-1603, Utah Code Annotated 1953 H.B. 26 12-20-22 2:12 PM
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90 41-1a-1604, Utah Code Annotated 1953
91 41-1a-1605, Utah Code Annotated 1953
92 41-1a-1606, Utah Code Annotated 1953
93 41-1a-1607, Utah Code Annotated 1953
94 41-1a-1608, Utah Code Annotated 1953
95 41-1a-1609, Utah Code Annotated 1953
96 41-1a-1610, Utah Code Annotated 1953
97 63I-2-280, Utah Code Annotated 1953
98REPEALS AND REENACTS:
99 41-1a-402, as last amended by Laws of Utah 2018, Chapters 20, 262
100 41-1a-418, as last amended by Laws of Utah 2022, Chapters 19, 48, 68, and 451
101REPEALS:
102 41-1a-421, as last amended by Laws of Utah 2018, Chapter 39
103 41-1a-422, as last amended by Laws of Utah 2022, Chapters 19, 48, 68, 255, 259, 335,
104451, and 456
105
106Be it enacted by the Legislature of the state of Utah:
107 Section 1. Section 9-8-207 is amended to read:
108 9-8-207. Historical society -- Donations -- Accounting.
109 (1) (a) There is created the Utah State Historical Society.
110 (b) The society may:
111 (i) solicit memberships from persons interested in the work of the society and charge
112dues for memberships commensurate with the advantages of membership and the needs of the
113society; and
114 (ii) receive gifts, donations, bequests, devises, and endowments of money or property,
115which shall then become the property of the state of Utah.
116 (2) [(a)] If the donor directs that money or property donated under Subsection (1)(b)(ii)
117be used in a specified manner, then the division shall use it in accordance with these directions.
118Otherwise, all donated money and the proceeds from donated property, together with the
119charges realized from society memberships, shall be deposited in the General Fund as restricted
120revenue of the society. 12-20-22 2:12 PM H.B. 26
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121 [(b) Funds received from donations to the society under Section 41-1a-422 shall be
122deposited into the General Fund as a dedicated credit to achieve the mission and purpose of the
123society.]
124 (3) The division shall keep a correct account of funds and property received, held, or
125disbursed by the society, and shall make reports to the governor as in the case of other state
126institutions.
127 Section 2. Section 26-18b-101 is amended to read:
128 26-18b-101. Allyson Gamble Organ Donation Contribution Fund created.
129 (1) (a) There is created an expendable special revenue fund known as the Allyson
130Gamble Organ Donation Contribution Fund.
131 (b) The Allyson Gamble Organ Donation Contribution Fund shall consist of:
132 (i) private contributions;
133 (ii) donations or grants from public or private entities;
134 (iii) voluntary donations collected under Sections 41-1a-230.5 and 53-3-214.7; and
135 [(iv) contributions deposited into the account in accordance with Section 41-1a-422;
136and]
137 [(v)] (iv) interest and earnings on fund money.
138 (c) The cost of administering the Allyson Gamble Organ Donation Contribution Fund
139shall be paid from money in the fund.
140 (2) The Department of Health shall:
141 (a) administer the funds deposited in the Allyson Gamble Organ Donation Contribution
142Fund; and
143 (b) select qualified organizations and distribute the funds in the Allyson Gamble Organ
144Donation Contribution Fund in accordance with Subsection (3).
145 (3) (a) The funds in the Allyson Gamble Organ Donation Contribution Fund may be
146distributed to a selected organization that:
147 (i) promotes and supports organ donation;
148 (ii) assists in maintaining and operating a statewide organ donation registry; and
149 (iii) provides donor awareness education.
150 (b) An organization that meets the criteria of Subsections (3)(a)(i) through (iii) may
151apply to the Department of Health, in a manner prescribed by the department, to receive a H.B. 26 12-20-22 2:12 PM
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152portion of the money contained in the Allyson Gamble Organ Donation Contribution Fund.
153 (4) The Department of Health may expend funds in the account to pay the costs of
154administering the fund and issuing or reordering the Donate Life support special group license
155plate and decals.
156 Section 3. Section 26-54-102 is amended to read:
157 26-54-102. Spinal Cord and Brain Injury Rehabilitation Fund -- Creation --
158Administration -- Uses.
159 (1) As used in this section, a "qualified IRC 501(c)(3) charitable clinic" means a
160professional medical clinic that:
161 (a) provides rehabilitation services to individuals in the state:
162 (i) who have a traumatic spinal cord or brain injury that tends to be nonprogressive or
163nondeteriorating; and
164 (ii) who require post-acute care;
165 (b) employs licensed therapy clinicians;
166 (c) has at least five years experience operating a post-acute care rehabilitation clinic in
167the state; and
168 (d) has obtained tax-exempt status under Internal Revenue Code, 26 U.S.C. Sec.
169501(c)(3).
170 (2) There is created an expendable special revenue fund known as the "Spinal Cord and
171Brain Injury Rehabilitation Fund."
172 (3) The fund shall consist of:
173 (a) gifts, grants, donations, or any other conveyance of money that may be made to the
174fund from private sources;
175 (b) a portion of the impound fee as designated in Section 41-6a-1406;
176 (c) the fees collected by the Motor Vehicle Division under Subsections [41-1a-1201(9)
177] 41-1a-1201(8) and 41-22-8(3); and
178 (d) amounts appropriated by the Legislature.
179 (4) The fund shall be administered by the executive director of the department, in
180consultation with the advisory committee created in Section 26-54-103.
181 (5) Fund money shall be used to:
182 (a) assist one or more qualified IRC 501(c)(3) charitable clinics to provide 12-20-22 2:12 PM H.B. 26
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183rehabilitation services to individuals who have a traumatic spinal cord or brain injury that tends
184to be nonprogressive or nondeteriorating, including:
185 (i) physical, occupational, and speech therapy; and
186 (ii) equipment for use in the qualified charitable clinic; and
187 (b) pay for operating expenses of the advisory committee created by Section
18826-54-103, including the advisory committee's staff.
189 Section 4. Section 41-1a-102 is amended to read:
190 41-1a-102. Definitions.
191 As used in this chapter:
192 (1) "Actual miles" means the actual distance a vehicle has traveled while in operation.
193 (2) "Actual weight" means the actual unladen weight of a vehicle or combination of
194vehicles as operated and certified to by a weighmaster.
195 (3) "All-terrain type I vehicle" means the same as that term is defined in Section
19641-22-2.
197 (4) "All-terrain type II vehicle" means the same as that term is defined in Section
19841-22-2.
199 (5) "All-terrain type III vehicle" means the same as that term is defined in Section
20041-22-2.
201 (6) "Alternative fuel vehicle" means:
202 (a) an electric motor vehicle;
203 (b) a hybrid electric motor vehicle;
204 (c) a plug-in hybrid electric motor vehicle; or
205 (d) a motor vehicle powered exclusively by a fuel other than:
206 (i) motor fuel;
207 (ii) diesel fuel;
208 (iii) natural gas; or
209 (iv) propane.
210 (7) "Amateur radio operator" means a person licensed by the Federal Communications
211Commission to engage in private and experimental two-way radio operation on the amateur
212band radio frequencies.
213 (8) "Autocycle" means the same as that term is defined in Section 53-3-102. H.B. 26 12-20-22 2:12 PM
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214 (9) "Automated driving system" means the same as that term is defined in Section
21541-26-102.1.
216 (10) "Branded title" means a title certificate that is labeled:
217 (a) rebuilt and restored to operation;
218 (b) flooded and restored to operation; or
219 (c) not restored to operation.
220 (11) "Camper" means a structure designed, used, and maintained primarily to be
221mounted on or affixed to a motor vehicle that contains a floor and is designed to provide a
222mobile dwelling, sleeping place, commercial space, or facilities for human habitation or for
223camping.
224 (12) "Certificate of title" means a document issued by a jurisdiction to establish a
225record of ownership between an identified owner and the described vehicle, vessel, or outboard
226motor.
227 (13) "Certified scale weigh ticket" means a weigh ticket that has been issued by a
228weighmaster.
229 (14) "Commercial vehicle" means a motor vehicle, trailer, or semitrailer used or
230maintained for the transportation of persons or property that operates:
231 (a) as a carrier for hire, compensation, or profit; or
232 (b) as a carrier to transport the vehicle owner's goods or property in furtherance of the
233owner's commercial enterprise.
234 (15) "Commission" means the State Tax Commission.
235 (16) "Consumer price index" means the same as that term is defined in Section
23659-13-102.
237 (17) "Dealer" means a person engaged or licensed to engage in the business of buying,
238selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on
239conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established
240place of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors.
241 (18) "Diesel fuel" means the same as that term is defined in Section 59-13-102.
242 (19) "Division" means the Motor Vehicle Division of the commission, created in
243Section 41-1a-106.
244 (20) "Dynamic driving task" means the same as that term is defined in Section 12-20-22 2:12 PM H.B. 26
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24541-26-102.1.
246 (21) "Electric motor vehicle" means a motor vehicle that is powered solely by an
247electric motor drawing current from a rechargeable energy storage system.
248 (22) "Essential parts" means the integral and body parts of a vehicle of a type required
249to be registered in this state, the removal, alteration, or substitution of which would tend to
250conceal the identity of the vehicle or substantially alter the vehicle's appearance, model, type,
251or mode of operation.
252 (23) "Farm tractor" means a motor vehicle designed and used primarily as a farm
253implement for drawing plows, mowing machines, and other implements of husbandry.
254 (24) (a) "Farm truck" means a truck used by the owner or operator of a farm solely for
255the owner's or operator's own use in the transportation of:
256 (i) farm products, including livestock and its products, poultry and its products,
257floricultural and horticultural products;
258 (ii) farm supplies, including tile, fence, and any other thing or commodity used in
259agricultural, floricultural, horticultural, livestock, and poultry production; and
260 (iii) livestock, poultry, and other animals and things used for breeding, feeding, or
261other purposes connected with the operation of a farm.
262 (b) "Farm truck" does not include the operation of trucks by commercial processors of
263agricultural products.
264 (25) "Fleet" means one or more commercial vehicles.
265 (26) "Foreign vehicle" means a vehicle of a type required to be registered, brought into
266this state from another state, territory, or country other than in the ordinary course of business
267by or through a manufacturer or dealer, and not registered in this state.
268 (27) "Gross laden weight" means the actual weight of a vehicle or combination of
269vehicles, equipped for operation, to which shall be added the maximum load to be carried.
270 (28) "Highway" or "street" means the entire width between property lines of every way
271or place of whatever nature when any part of it is open to the public, as a matter of right, for
272purposes of vehicular traffic.
273 (29) "Hybrid electric motor vehicle" means a motor vehicle that draws propulsion
274energy from onboard sources of stored energy that are both:
275 (a) an internal combustion engine or heat engine using consumable fuel; and H.B. 26 12-20-22 2:12 PM
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276 (b) a rechargeable energy storage system where energy for the storage system comes
277solely from sources onboard the vehicle.
278 (30) (a) "Identification number" means the identifying number assigned by the
279manufacturer or by the division for the purpose of identifying the vehicle, vessel, or outboard
280motor.
281 (b) "Identification number" includes a vehicle identification number, state assigned
282identification number, hull identification number, and motor serial number.
283 (31) "Implement of husbandry" means a vehicle designed or adapted and used
284exclusively for an agricultural operation and only incidentally operated or moved upon the
285highways.
286 (32) (a) "In-state miles" means the total number of miles operated in this state during
287the preceding year by fleet power units.
288 (b) If a fleet is composed entirely of trailers or semitrailers, "in-state miles" means the
289total number of miles that those vehicles were towed on Utah highways during the preceding
290year.
291 (33) "Interstate vehicle" means a commercial vehicle operated in more than one state,
292province, territory, or possession of the United States or foreign country.
293 (34) "Jurisdiction" means a state, district, province, political subdivision, territory, or
294possession of the United States or any foreign country.
295 (35) "Lienholder" means a person with a security interest in particular property.
296 (36) "Manufactured home" means a transportable factory built housing unit constructed
297on or after June 15, 1976, according to the Federal Home Construction and Safety Standards
298Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight body
299feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more
300square feet, and which is built on a permanent chassis and designed to be used as a dwelling
301with or without a permanent foundation when connected to the required utilities, and includes
302the plumbing, heating, air-conditioning, and electrical systems.
303 (37) "Manufacturer" means a person engaged in the business of constructing,
304manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or
305outboard motors for the purpose of sale or trade.
306 (38) "Military vehicle" means a vehicle of any size or weight that was manufactured 12-20-22 2:12 PM H.B. 26
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307for use by armed forces and that is maintained in a condition that represents the vehicle's
308military design and markings regardless of current ownership or use.
309 (39) "Mobile home" means a transportable factory built housing unit built prior to June
31015, 1976, in accordance with a state mobile home code which existed prior to the Federal
311Manufactured Housing and Safety Standards Act (HUD Code).
312 (40) "Motor fuel" means the same as that term is defined in Section 59-13-102.
313 (41) (a) "Motor vehicle" means a self-propelled vehicle intended primarily for use and
314operation on the highways.
315 (b) "Motor vehicle" does not include:
316 (i) an off-highway vehicle; or
317 (ii) a motor assisted scooter as defined in Section 41-6a-102.
318 (42) "Motorboat" means the same as that term is defined in Section 73-18-2.
319 (43) "Motorcycle" means:
320 (a) a motor vehicle having a saddle for the use of the rider and designed to travel on not
321more than three wheels in contact with the ground; or
322 (b) an autocycle.
323 (44) "Natural gas" means a fuel of which the primary constituent is methane.
324 (45) (a) "Nonresident" means a person who is not a resident of this state as defined by
325Section 41-1a-202, and who does not engage in intrastate business within this state and does
326not operate in that business any motor vehicle, trailer, or semitrailer within this state.
327 (b) A person who engages in intrastate business within this state and operates in that
328business any motor vehicle, trailer, or semitrailer in this state or who, even though engaging in
329interstate commerce, maintains a vehicle in this state as the home station of that vehicle is
330considered a resident of this state, insofar as that vehicle is concerned in administering this
331chapter.
332 (46) "Odometer" means a device for measuring and recording the actual distance a
333vehicle travels while in operation, but does not include any auxiliary odometer designed to be
334periodically reset.
335 (47) "Off-highway implement of husbandry" means the same as that term is defined in
336Section 41-22-2.
337 (48) "Off-highway vehicle" means the same as that term is defined in Section 41-22-2. H.B. 26 12-20-22 2:12 PM
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338 (49) (a) "Operate" means:
339 (i) to navigate a vessel; or
340 (ii) collectively, the activities performed in order to perform the entire dynamic driving
341task for a given motor vehicle by:
342 (A) a human driver as defined in Section 41-26-102.1; or
343 (B) an engaged automated driving system.
344 (b) "Operate" includes testing of an automated driving system.
345 (50) "Original issue license plate" means a license plate that is of a format and type
346issued by the state in the same year as the model year of a vehicle that is a model year 1973 or
347older.
348 [(50)] (51) "Outboard motor" means a detachable self-contained propulsion unit,
349excluding fuel supply, used to propel a vessel.
350 [(51)] (52) (a) "Owner" means a person, other than a lienholder, holding title to a
351vehicle, vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is
352subject to a security interest.
353 (b) If a vehicle is the subject of an agreement for the conditional sale or installment
354sale or mortgage of the vehicle with the right of purchase upon performance of the conditions
355stated in the agreement and with an immediate right of possession vested in the conditional
356vendee or mortgagor, or if the vehicle is the subject of a security agreement, then the
357conditional vendee, mortgagor, or debtor is considered the owner for the purposes of this
358chapter.
359 (c) If a vehicle is the subject of an agreement to lease, the lessor is considered the
360owner until the lessee exercises the lessee's option to purchase the vehicle.
361 [(52)] (53) "Park model recreational vehicle" means a unit that:
362 (a) is designed and marketed as temporary living quarters for recreational, camping,
363travel, or seasonal use;
364 (b) is not permanently affixed to real property for use as a permanent dwelling;
365 (c) requires a special highway movement permit for transit; and
366 (d) is built on a single chassis mounted on wheels with a gross trailer area not
367exceeding 400 square feet in the setup mode.
368 [(53)] (54) "Personalized license plate" means a license plate that has displayed on it a 12-20-22 2:12 PM H.B. 26
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369combination of letters, numbers, or both as requested by the owner of the vehicle and assigned
370to the vehicle by the division.
371 [(54)] (55) (a) "Pickup truck" means a two-axle motor vehicle with motive power
372manufactured, remanufactured, or materially altered to provide an open cargo area.
373 (b) "Pickup truck" includes a motor vehicle with the open cargo area covered with a
374camper, camper shell, tarp, removable top, or similar structure.
375 [(55)] (56) "Plug-in hybrid electric motor vehicle" means a hybrid electric motor
376vehicle that has the capability to charge the battery or batteries used for vehicle propulsion
377from an off-vehicle electric source, such that the off-vehicle source cannot be connected to the
378vehicle while the vehicle is in motion.
379 [(56)] (57) "Pneumatic tire" means a tire in which compressed air is designed to
380support the load.
381 [(57)] (58) "Preceding year" means a period of 12 consecutive months fixed by the
382division that is within 16 months immediately preceding the commencement of the registration
383or license year in which proportional registration is sought. The division in fixing the period
384shall conform it to the terms, conditions, and requirements of any applicable agreement or
385arrangement for the proportional registration of vehicles.
386 [(58)] (59) "Public garage" means a building or other place where vehicles or vessels
387are kept and stored and where a charge is made for the storage and keeping of vehicles and
388vessels.
389 [(59)] (60) "Receipt of surrender of ownership documents" means the receipt of
390surrender of ownership documents described in Section 41-1a-503.
391 [(60)] (61) "Reconstructed vehicle" means a vehicle of a type required to be registered
392in this state that is materially altered from its original construction by the removal, addition, or
393substitution of essential parts, new or used.
394 [(61)] (62) "Recreational vehicle" means the same as that term is defined in Section
39513-14-102.
396 [(62)] (63) "Registration" means a document issued by a jurisdiction that allows
397operation of a vehicle or vessel on the highways or waters of this state for the time period for
398which the registration is valid and that is evidence of compliance with the registration
399requirements of the jurisdiction. H.B. 26 12-20-22 2:12 PM
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400 (64) "Registration decal" means the decal issued by the division that is evidence of
401compliance with the division's registration requirements.
402 [(63)] (65) (a) "Registration year" means a 12 consecutive month period commencing
403with the completion of the applicable registration criteria.
404 (b) For administration of a multistate agreement for proportional registration the
405division may prescribe a different 12-month period.
406 [(64)] (66) "Repair or replacement" means the restoration of vehicles, vessels, or
407outboard motors to a sound working condition by substituting any inoperative part of the
408vehicle, vessel, or outboard motor, or by correcting the inoperative part.
409 [(65)] (67) "Replica vehicle" means:
410 (a) a street rod that meets the requirements under Subsection 41-21-1(3)(a)(i)(B); or
411 (b) a custom vehicle that meets the requirements under Subsection
41241-6a-1507(1)(a)(i)(B).
413 [(66)] (68) "Road tractor" means a motor vehicle designed and used for drawing other
414vehicles and constructed so it does not carry any load either independently or any part of the
415weight of a vehicle or load that is drawn.
416 [(67)] (69) "Sailboat" means the same as that term is defined in Section 73-18-2.
417 [(68)] (70) "Security interest" means an interest that is reserved or created by a security
418agreement to secure the payment or performance of an obligation and that is valid against third
419parties.
420 [(69)] (71) "Semitrailer" means a vehicle without motive power designed for carrying
421persons or property and for being drawn by a motor vehicle and constructed so that some part
422of its weight and its load rests or is carried by another vehicle.
423 [(70)] (72) "Special group license plate" means a type of license plate designed for a
424particular group of people or a license plate authorized and issued by the division in accordance
425with Section 41-1a-418 or Part 16, Sponsored Special Group License Plates.
426 [(71)] (73) (a) "Special interest vehicle" means a vehicle used for general
427transportation purposes and that is:
428 (i) 20 years or older from the current year; or
429 (ii) a make or model of motor vehicle recognized by the division director as having
430unique interest or historic value. 12-20-22 2:12 PM H.B. 26
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431 (b) In making a determination under Subsection [(71)] (73)(a), the division director
432shall give special consideration to:
433 (i) a make of motor vehicle that is no longer manufactured;
434 (ii) a make or model of motor vehicle produced in limited or token quantities;
435 (iii) a make or model of motor vehicle produced as an experimental vehicle or one
436designed exclusively for educational purposes or museum display; or
437 (iv) a motor vehicle of any age or make that has not been substantially altered or
438modified from original specifications of the manufacturer and because of its significance is
439being collected, preserved, restored, maintained, or operated by a collector or hobbyist as a
440leisure pursuit.
441 [(72)] (74) (a) "Special mobile equipment" means a vehicle:
442 (i) not designed or used primarily for the transportation of persons or property;
443 (ii) not designed to operate in traffic; and
444 (iii) only incidentally operated or moved over the highways.
445 (b) "Special mobile equipment" includes:
446 (i) farm tractors;
447 (ii) off-road motorized construction or maintenance equipment including backhoes,
448bulldozers, compactors, graders, loaders, road rollers, tractors, and trenchers; and
449 (iii) ditch-digging apparatus.
450 (c) "Special mobile equipment" does not include a commercial vehicle as defined
451under Section 72-9-102.
452 [(73)] (75) "Specially constructed vehicle" means a vehicle of a type required to be
453registered in this state, not originally constructed under a distinctive name, make, model, or
454type by a generally recognized manufacturer of vehicles, and not materially altered from its
455original construction.
456 (76) (a) "Standard license plate" means a license plate for general issue described in
457Subsection 41-1a-402(1).
458 (b) "Standard license plate" includes a license plate for general issue that the division
459issues before January 1, 2024.
460 [(74)] (77) "State impound yard" means a yard for the storage of a vehicle, vessel, or
461outboard motor that meets the requirements of rules made by the commission pursuant to H.B. 26 12-20-22 2:12 PM
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462Subsection 41-1a-1101(5).
463 (78) "Symbol decal" means the decal that is designed to represent a special group and
464displayed on a special group license plate.
465 [(75)] (79) "Title" means the right to or ownership of a vehicle, vessel, or outboard
466motor.
467 [(76)] (80) (a) "Total fleet miles" means the total number of miles operated in all
468jurisdictions during the preceding year by power units.
469 (b) If fleets are composed entirely of trailers or semitrailers, "total fleet miles" means
470the number of miles that those vehicles were towed on the highways of all jurisdictions during
471the preceding year.
472 [(77)] (81) "Tow truck motor carrier" means the same as that term is defined in Section
47372-9-102.
474 [(78)] (82) "Tow truck operator" means the same as that term is defined in Section
47572-9-102.
476 [(79)] (83) "Trailer" means a vehicle without motive power designed for carrying
477persons or property and for being drawn by a motor vehicle and constructed so that no part of
478its weight rests upon the towing vehicle.
479 [(80)] (84) "Transferee" means a person to whom the ownership of property is
480conveyed by sale, gift, or any other means except by the creation of a security interest.
481 [(81)] (85) "Transferor" means a person who transfers the person's ownership in
482property by sale, gift, or any other means except by creation of a security interest.
483 [(82)] (86) "Travel trailer," "camping trailer," or "fifth wheel trailer" means a portable
484vehicle without motive power, designed as a temporary dwelling for travel, recreational, or
485vacation use that does not require a special highway movement permit when drawn by a
486self-propelled motor vehicle.
487 [(83)] (87) "Truck tractor" means a motor vehicle designed and used primarily for
488drawing other vehicles and not constructed to carry a load other than a part of the weight of the
489vehicle and load that is drawn.
490 [(84)] (88) "Vehicle" includes a motor vehicle, trailer, semitrailer, off-highway vehicle,
491camper, park model recreational vehicle, manufactured home, and mobile home.
492 [(85)] (89) "Vessel" means the same as that term is defined in Section 73-18-2. 12-20-22 2:12 PM H.B. 26
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493 [(86)] (90) "Vintage vehicle" means the same as that term is defined in Section
49441-21-1.
495 [(87)] (91) "Waters of this state" means the same as that term is defined in Section
49673-18-2.
497 [(88)] (92) "Weighmaster" means a person, association of persons, or corporation
498permitted to weigh vehicles under this chapter.
499 Section 5. Section 41-1a-122 is enacted to read:
500 41-1a-122. License plate restricted account.
501 (1) As used in this section, account means the License Plate Restricted Account created
502by this section.
503 (2) There is created within the General Fund a restricted account known as the License
504Plate Restricted Account.
505 (3) (a) The account shall be funded from the fees described in Subsection
50641-1a-1201(3).
507 (b) The fees described in Subsection (3)(a) shall be paid to the division, which shall
508deposit them in the account.
509 (4) The Legislature shall appropriate the funds in the account to the commission to
510cover the costs of issuing license plates and decals.
511 (5) In accordance with Section 63J-1-602.1, appropriations made to the division from
512the account are nonlapsing.
513 Section 6. Section 41-1a-222 is amended to read:
514 41-1a-222. Application for multiyear registration -- Payment of taxes -- Penalties.
515 (1) The owner of any intrastate fleet of commercial vehicles which is based in the state
516may apply to the commission for registration in accordance with this section.
517 (a) The application shall be made on a form prescribed by the commission.
518 (b) Upon payment of required fees and meeting other requirements prescribed by the
519commission, the division shall issue, to each vehicle for which application has been made, a
520multiyear license plate and registration card.
521 (i) The [license plate] registration decal and the registration card shall bear an
522expiration date fixed by the division and are valid until ownership of the vehicle to which they
523are issued is transferred by the applicant or until the expiration date, whichever comes first. H.B. 26 12-20-22 2:12 PM
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524 (ii) An annual renewal application must be made by the owner if registration
525identification has been issued on an annual installment fee basis and the required fees must be
526paid on an annual basis.
527 (iii) License plates and registration cards issued pursuant to this section are valid for an
528eight-year period, commencing with the year of initial application in this state.
529 (c) When application for registration or renewal is made on an installment payment
530basis, the applicant shall submit acceptable evidence of a surety bond in a form, and with a
531surety, approved by the commission and in an amount equal to the total annual fees required
532for all vehicles registered to the applicant in accordance with this section.
533 (2) Each vehicle registered as part of a fleet of commercial vehicles must be titled in
534the name of the fleet.
535 (3) Each owner who registers fleets pursuant to this section shall pay the taxes or in
536lieu fees otherwise due pursuant to:
537 (a) Section 41-1a-206;
538 (b) Section 41-1a-207;
539 (c) Subsection 41-1a-301(12);
540 (d) Section 59-2-405.1;
541 (e) Section 59-2-405.2; or
542 (f) Section 59-2-405.3.
543 (4) An owner who fails to comply with the provisions of this section is subject to the
544penalties in Section 41-1a-1301 and, if the commission so determines, will result in the loss of
545the privileges granted in this section.
546 Section 7. Section 41-1a-226 is amended to read:
547 41-1a-226. Vintage vehicle -- Signed statement -- Registration.
548 (1) The owner of a vintage vehicle who applies for registration under this part shall
549provide a signed statement that the vintage vehicle:
550 (a) is owned and operated for the purposes described in Section 41-21-1; and
551 (b) is safe to operate on the highways of this state as described in Section 41-21-4.
552 (2) For a vintage vehicle with a model year of 1980 or older, the signed statement
553described in Subsection (1) and in Subsection 41-6a-1642(15) is in lieu of an emissions
554inspection, from which a vintage vehicle is exempt under Subsection 41-6a-1642(4). 12-20-22 2:12 PM H.B. 26
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555 (3) Before registration of a vintage vehicle that has a model year of 1981 or newer, an
556owner shall:
557 (a) obtain a certificate of emissions inspection as provided in Section 41-6a-1642; or
558 (b) provide proof of vehicle insurance coverage for the vintage vehicle that is a type
559specific to a vehicle collector.
560 Section 8. Section 41-1a-401 is amended to read:
561 41-1a-401. License plates -- Number of plates -- Reflectorization -- Indicia of
562registration in lieu of or used with plates.
563 (1) [(a)] Except as provided in Subsection (1)(c), the division upon registering a
564vehicle shall issue to the owner:
565 [(i)] (a) one license plate for a motorcycle, trailer, or semitrailer;
566 [(ii)] (b) one registration decal for a park model recreational vehicle, in lieu of a license
567plate, which shall be attached in plain sight to the rear of the park model recreational vehicle;
568 [(iii)] (c) one registration decal for a camper, in lieu of a license plate, which shall be
569attached in plain sight to the rear of the camper; and
570 [(iv)] (d) two identical license plates for every other vehicle.
571 [(b)] (e) The license plate or registration decal issued under Subsection (1)(a) is for the
572particular vehicle registered and may not be removed during the term for which the license
573plate or registration decal is issued or used upon any other vehicle than the registered vehicle.
574 [(c)] (f) (i) Notwithstanding Subsections (1)(a) and (b) and except as provided in
575Subsection (1)(c)(ii), the division, upon registering a motor vehicle that has been sold, traded,
576or the ownership of which has been otherwise released, shall transfer the license plate issued to
577the person applying to register the vehicle if:
578 (A) the previous registered owner has included the license plate as part of the sale,
579trade, or ownership release; and
580 (B) the person applying to register the vehicle applies to transfer the license plate to the
581new registered owner of the vehicle.
582 (ii) The division may not transfer a personalized or special group license plate to a new
583registered owner under this Subsection (1)(c) if the new registered owner does not meet the
584qualification or eligibility requirements for that personalized or special group license plate
585under [Sections 41-1a-410 through 41-1a-422] this part or Part 16, Special Group License H.B. 26 12-20-22 2:12 PM
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586Plates.
587 (2) The division may receive applications for registration renewal, renew registration,
588and issue new license plates or registration decals at any time prior to the expiration of
589registration.
590 (3) (a) (i) Except as provided in Subsection (3)(a)(iii), all license plates to be
591manufactured and issued by the division shall be treated with a fully reflective material on the
592plate face that provides effective and dependable reflective brightness during the service period
593of the license plate.
594 (ii) Except as provided in Subsection (3)(a)(iii), for a historical support special group
595license plate created under this part, the division shall procure reflective material to satisfy the
596requirement under Subsection (3)(a)(i) as soon as such material is available at a reasonable
597cost.
598 (iii) Notwithstanding the reflectivity requirement described in Subsection (3)(a)(i), the
599division may manufacture and issue a historical support special group license plate without a
600fully reflective plate face if:
601 (A) the historical special group license plate is requested for a vintage vehicle that has
602a model year of 1980 or older; and
603 (B) the division has manufacturing equipment and technology available to produce the
604plate in small quantities.
605 (b) The division shall prescribe all license plate material specifications and establish
606and implement procedures for conforming to the specifications.
607 (c) The specifications for the materials used such as the aluminum plate substrate, the
608reflective sheeting, and glue shall be drawn in a manner so that at least two manufacturers may
609qualify as suppliers.
610 (d) The granting of contracts for the materials shall be by public bid.
611 (4) (a) The commission may issue, adopt, and require the use of indicia of registration
612it considers advisable in lieu of or in conjunction with license plates as provided in this part.
613 (b) All provisions of this part relative to license plates apply to these indicia of
614registration, so far as the provisions are applicable.
615 (5) A violation of this section is an infraction.
616 Section 9. Section 41-1a-402 is repealed and reenacted to read: 12-20-22 2:12 PM H.B. 26
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617 41-1a-402. Standard license plates -- Required colors, numerals, and letters --
618Expiration.
619 (1) (a) Upon registering a vehicle, the division shall issue to the owner a standard
620license plate described in Subsection (1)(b) unless the division issues to the owner:
621 (i) a special group license plate in accordance with Section 41-1a-418; or
622 (ii) an apportioned vehicle license plate in accordance with Section 41-1a-301.
623 (b) The division may offer up to four standard license plate options at one time, each
624with a different design as follows:
625 (i) two designs that incorporate one or more elements that represent the state's
626economy or geography;
627 (ii) one design that represents the state's values or culture; and
628 (iii) one design that commemorates a current event relevant to the state or a significant
629anniversary of a historic event relevant to the state.
630 (c) The division shall offer:
631 (i) each design described in Subsection (1)(b)(i) or (ii) for at least a 10-year period; and
632 (ii) each design described in Subsection (1)(b)(iii) for no more than a five-year period.
633 (d) The division may not offer more than four standard license plate designs at any one
634time.
635 (2) Before the division may offer a design described in Subsection (1)(b), the governor
636shall:
637 (a) consult with the Utah Department of Cultural and Community Engagement
638regarding the proposed design;
639 (b) identify which current standard license plate design will be replaced by the
640proposed design; and
641 (c) submit to the Transportation Interim Committee a request for the Legislature to
642approve the proposed design by concurrent resolution.
643 (3) The division may issue a new standard license plate design only if:
644 (a) the Legislature has by concurrent resolution approved the standard license plate
645design; and
646 (b) sufficient funds are appropriated for the initial costs of production.
647 (4) (a) Except as provided in Subsection (4)(b), the division may not order or produce a H.B. 26 12-20-22 2:12 PM
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648standard license plate that is discontinued under this section.
649 (b) The division may issue a discontinued standard license plate until the division
650exhausts the discontinued standard license plate's remaining stock.
651 (5) Each license plate shall have displayed on it:
652 (a) the registration number assigned to the vehicle for which the license plate is issued;
653 (b) the name of the state; and
654 (c) unless exempted by Section 41-1a-301 or 41-1a-407, a registration decal showing
655the date of expiration displayed in accordance with Subsection (8).
656 (6) If registration is extended by affixing a registration decal to the license plate, the
657expiration date of the registration decal governs the expiration date of the license plate.
658 (7) (a) Except as provided under Subsection 41-1a-215(2) and Section 41-1a-216,
659license plates shall be renewed annually.
660 (b) (i) The division shall issue the vehicle owner a month registration decal and a year
661registration decal upon the vehicle's first registration with the division.
662 (ii) The division shall issue the vehicle owner only a year registration decal upon
663subsequent renewals of registration to validate registration renewal.
664 (8) Except as otherwise provided by rule:
665 (a) the month registration decal issued in accordance with Subsection (7) shall be
666displayed on the license plate in the left position; and
667 (b) the year registration decal issued in accordance with Subsection (7) shall be
668displayed on the license plate in the right position.
669 (9) The current year registration decal issued in accordance with Subsection (7) shall
670be placed over or in place of the previous year registration decal.
671 (10) If a license plate, month registration decal, or year registration decal is lost or
672destroyed, a replacement shall be issued upon application and payment of the fees required
673under Section 41-1a-1211 or 41-1a-1212.
674 (11) (a) A violation of this section is an infraction.
675 (b) A court shall waive a fine for a violation under this section if:
676 (i) the registration for the vehicle was current at the time of the citation; and
677 (ii) the person to whom the citation was issued provides, within 21 business days,
678evidence that the license plate and registration decals are properly displayed in compliance with 12-20-22 2:12 PM H.B. 26
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679this section.
680 (12) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
681the division may make rules regarding the placement and positioning of registration decals on
682license plates issued by the division.
683 Section 10. Section 41-1a-410 is amended to read:
684 41-1a-410. Eligibility for personalized plates.
685 (1) [A] Subject to Subsection 41-1a-411(4), a person who is the registered owner of a
686vehicle not subject to registration under Section 41-1a-301, registered with the division, or who
687applies for an original registration of a vehicle not subject to registration under Section
68841-1a-301, may upon payment of the fee prescribed in Section 41-1a-1211 apply to the division
689for personalized license plates.
690 (2) Application shall be made in accordance with Section 41-1a-411.
691 (3) The personalized plates shall be affixed to the vehicle for which registration is
692sought in lieu of the regular license plates.
693 (4) Personalized license plates shall be issued only to the registered owner of the
694vehicle on which they are to be displayed.
695 Section 11. Section 41-1a-411 is amended to read:
696 41-1a-411. Application for personalized plates -- Refusal authorized.
697 (1) [An] Subject to Subsection (4), an applicant for personalized license plates or
698renewal of the plates shall file an application for the plates in the form and by the date the
699division requires, indicating the combination of letters, numbers, or both requested as a
700registration number.
701 (2) (a) Except as provided in Subsection (3) and subject to Subsection (4), the division
702may refuse to issue any combination of letters, numbers, or both that:
703 (i) may carry connotations offensive to good taste and decency or that would be
704misleading; or
705 (ii) disparages a group based on:
706 (A) race;
707 (B) color;
708 (C) national origin;
709 (D) religion; H.B. 26 12-20-22 2:12 PM
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710 (E) age;
711 (F) sex;
712 (G) gender identity;
713 (H) sexual orientation;
714 (I) citizenship status; or
715 (J) physical or mental disability.
716 (b) [The] Subject to Subsection (4), the division may refuse to issue a combination of
717letters, numbers, or both as a registration number if that same combination is already in use as a
718registration number on an existing license plate.
719 (3) (a) Except as provided in Subsection (2) or (3)(b), and subject to Subsection (4), the
720division may not refuse a combination of letters, numbers, or both as a registration number if:
721 (i) the license plate is [an honor] a state agency recognition special group license plate
722as [described in Section 41-1a-421] as defined in Section 41-1a-1601 for a military veteran,
723and the combination of letters, numbers, or both refers to:
724 (A) a year related to military service;
725 (B) a military branch; or
726 (C) an official achievement, badge, or honor received for military service; or
727 (ii) the combination of letters, numbers, or both as a registration number refers to an
728official state symbol described in Section 63G-1-601.
729 (b) [If] Subject to Subsection (4), if an applicant requests a combination containing
730only numbers, the division may refuse the combination if the combination includes less than
731four numerical digits.
732 (4) (a) Beginning July 1, 2023, and ending July 1, 2025, the division may not accept an
733application for a personalized plate under this section.
734 (b) On or before October 1 of each year, the Transportation Interim Committee shall
735study personalized license plate programs in other states including:
736 (i) information on relevant court cases and rulings involving other state's personalized
737license plate programs;
738 (ii) if available, other state responses to legal challenges to that state's personalized
739license plate program; and
740 (iii) recommendations regarding Utah's personalized license plate program, including: 12-20-22 2:12 PM H.B. 26
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741 (A) reinstating the personalized license plate program;
742 (B) continuing the moratorium; or
743 (C) modifying or repealing the personalized license plate program.
744 Section 12. Section 41-1a-416 is amended to read:
745 41-1a-416. Original issue license plates -- Alternative stickers -- Rulemaking.
746 (1) The owner of a motor vehicle that is a model year 1973 or older may apply to the
747division for permission to display an original issue license plate [of a format and type issued by
748the state in the same year as the model year of the vehicle].
749 (2) [The owner of a motor vehicle who desires to display original issue license plates
750instead of license plates issued under Section 41-1a-401 shall:] An owner described in
751Subsection (1) shall:
752 (a) complete an application on a form provided by the division;
753 [(b) supply and submit the original license plates that the owner desires to display to
754the division for approval; and]
755 (b) supply and submit to the division for approval the original issue license plate that
756the owner intends to display on the motor vehicle; and
757 (c) pay the fees prescribed in Sections 41-1a-1206 and 41-1a-1211.
758 (3) [The division, prior to approval of an application under this section,] Before
759approving an application described in this section, the division shall determine that the original
760issue license [plates] plate:
761 (a) [are] is of a format and type issued by the state for use on a motor vehicle [in this
762state];
763 (b) [have] has numbers and characters that are unique and do not conflict with existing
764license plate series in this state;
765 (c) [are] is legible, durable, and otherwise in a condition that serves the purposes of this
766chapter[, except that original issue license plates are exempt from the provision of Section
76741-1a-401 regarding reflectorization and Section 41-1a-403 regarding legibility from 100 feet];
768and
769 (d) [are] is from the same year of issue as the model year of the motor vehicle on which
770[they are] the original issue license plate is to be displayed.
771 (4) (a) [An] Except as provided in this section, the owner of a motor vehicle displaying H.B. 26 12-20-22 2:12 PM
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772original issue license plates approved under this section is not exempt from any [other
773requirement of this chapter except as specified under this section.] requirement described in
774this chapter.
775 (b) An original issue license plate approved under this section is exempt from:
776 (i) the provisions of Section 41-1a-401 regarding reflectorization; and
777 (ii) Section 41-1a-403.
778 (5) (a) [An owner of a motor vehicle currently registered in this state whose original
779issue license plates are not approved by the division because of the requirement in Subsection
780(3)(b)] A registered owner whose original license plate does not meet the requirement of
781Subsection (3)(b) may apply to the division for a sticker to allow the temporary display of the
782original issue license [plates] plate if:
783 (i) the [plates otherwise comply] license plate otherwise complies with this section;
784 (ii) the [plates are] license plate is only displayed when the motor vehicle is used for
785participating in motor vehicle club activities, exhibitions, tours, parades, and similar activities
786[and are not used for general daily transportation];
787 (iii) the license [plates] plate and registration issued under this chapter for normal use
788of the motor vehicle for general daily transportation on the highways of this state are kept in the
789motor vehicle and shown to a peace officer on request; and
790 (iv) the sticker issued by the division under this subsection is properly affixed to the
791face of the original issue license plate.
792 (b) The sticker issued under this section shall be the size and form customarily
793furnished by the division.
794 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
795division may make rules for the implementation of this section.
796 Section 13. Section 41-1a-418 is repealed and reenacted to read:
797 41-1a-418. Authorized special group license plates.
798 (1) In accordance with this chapter, the division shall issue to an eligible applicant a
799special group license plate in one of the following categories:
800 (a) a disability special group license plate issued in accordance with Section 41-1a-420;
801 (b) a special group license plate issued for a:
802 (i) vintage vehicle; or 12-20-22 2:12 PM H.B. 26
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803 (ii) farm truck; or
804 (iii) special group license plate described in Section 41-1a-1602.
805 (2) The division may not issue a new type of special group license plate or symbol
806decal unless the division receives:
807 (a) a private donation for the start-up fee established under Section 63J-1-504 for the
808production and administrative costs of providing the new special group license plate or symbol
809decal; or
810 (b) a legislative appropriation for the start-up fee described in Subsection (2)(a).
811 (3) Notwithstanding other provisions of this chapter, the division may not require a
812contribution as defined in Section 41-1a-1601 for a special group license plate described in
813Subsection (1)(a) or (b).
814 Section 14. Section 41-1a-419 is amended to read:
815 41-1a-419. Plate design -- Vintage vehicle certification and registration --
816Personalized special group license plates -- Rulemaking.
817 (1) [(a) The design and maximum number of numerals or characters on special group
818license plates shall be determined by the division in accordance with the requirements under
819Subsection (1)(b).]
820 (a) In accordance with Subsection (1)(b), the division shall determine the design and
821number of numerals or characters on a special group license plate.
822 (b) (i) Except as provided in Subsection (1)(b)(ii), each special group license plate
823shall display:
824 (A) the word Utah;
825 (B) the name or identifying slogan of the special group;
826 (C) a symbol decal not exceeding two positions in size representing the special group;
827and
828 (D) the combination of letters, numbers, or both uniquely identifying the registered
829vehicle.
830 (ii) The division, in consultation with the Utah State Historical Society, shall design
831the historical support special group license plate, which shall:
832 (A) have a black background;
833 (B) have white characters; and H.B. 26 12-20-22 2:12 PM
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834 (C) display the word Utah.
835 (2) (a) The division shall, after consultation with a representative designated by the
836[special group] sponsoring organization as defined in Section 41-1a-1601, specify the word or
837words comprising the special group name and the symbol decal to be displayed upon the
838special group license [plates] plate.
839 (b) A special group license plate symbol decal may not be redesigned:
840 (i) unless the division receives a redesign fee established by the division under Section
84163J-1-504; and
842 (ii) more frequently than every five years.
843 (c) [(i) Except as provided in Subsection (2)(c)(ii), a] A special group license plate
844symbol decal may not be reordered unless the division receives a symbol decal reorder fee
845established by the division [under] in accordance with Section 63J-1-504.
846 [(ii) A recognition special group license plate symbol decal for a currently employed,
847volunteer, or retired firefighter issued in accordance with Subsection 41-1a-418(1)(d)(v) that is
848reordered on or after July 1, 2007, but on or before June 30, 2008, is exempt from the symbol
849decal reorder fee authorized under Subsection (2)(c)(i).]
850 (3) The license plates issued for horseless carriages prior to July 1, 1992, are valid
851without renewal as long as the vehicle is owned by the registered owner and the license plates
852may not be recalled by the division.
853 [(4) A person who meets the criteria established under Sections 41-1a-418 through
85441-1a-422 for issuance of special group license plates may make application in the same
855manner provided in Sections 41-1a-410 and 41-1a-411 for personalized special group license
856plates.]
857 (4) Subject to Subsection 41-1a-411(4)(a), a person who meets the requirements
858described in this part or Part 16, Sponsored Special Group License Plates, for a special group
859license plate may, apply for a personalized special group license plate in accordance with
860Sections 41-1a-410 and 41-1a-411.
861 (5) [The] Subject to this chapter, the commission shall make rules in accordance with
862Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
863 (a) establish qualifying criteria for persons to receive, renew, or surrender special group
864license plates; and 12-20-22 2:12 PM H.B. 26
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865 (b) establish the [maximum] number of numerals or characters for special group
866license plates.
867 Section 15. Section 41-1a-1201 is amended to read:
868 41-1a-1201. Disposition of fees.
869 (1) All fees received and collected under this part shall be transmitted daily to the state
870treasurer.
871 (2) Except as provided in Subsections (3), (5), (6), (7), and (8), [and (9)] and Sections
872[41-1a-422,] 41-1a-1220, 41-1a-1221, [and] 41-1a-1223, and 41-1a-1603, all fees collected
873under this part shall be deposited into the Transportation Fund.
874 (3) Funds generated under Subsections 41-1a-1211(1)(b)(ii), (6)(b)(ii), [and] (7), and
875(9), and Section 41-1a-1212 [may be used by the commission to cover the costs incurred in
876issuing license plates under Part 4, License Plates and Registration Indicia.] shall be deposited
877into the License Plate Restricted Account created in Section 41-1a-122.
878 [(4) In accordance with Section 63J-1-602.2, all funds available to the commission for
879the purchase and distribution of license plates and decals are nonlapsing.]
880 [(5)] (4) (a) Except as provided in Subsections (3) and [(5)(b)] (6)(b) and Section
88141-1a-1205, the expenses of the commission in enforcing and administering this part shall be
882provided for by legislative appropriation from the revenues of the Transportation Fund.
883 (b) Three dollars of the registration fees imposed under Subsections 41-1a-1206(2)(a)
884and (b) for each vehicle registered for a six-month registration period under Section
88541-1a-215.5 may be used by the commission to cover the costs incurred in enforcing and
886administering this part.
887 (c) Fifty cents of the registration fee imposed under Subsection 41-1a-1206(1)(i) for
888each vintage vehicle that has a model year of 1981 or newer may be used by the commission to
889cover the costs incurred in enforcing and administering this part.
890 [(6)] (5) (a) The following portions of the registration fees imposed under Section
89141-1a-1206 for each vehicle shall be deposited into the Transportation Investment Fund of
8922005 created under Section 72-2-124:
893 (i) $30 of the registration fees imposed under Subsections 41-1a-1206(1)(a), (1)(b),
894(1)(f), (4), and (7);
895 (ii) $21 of the registration fees imposed under Subsections 41-1a-1206(1)(c)(i) and H.B. 26 12-20-22 2:12 PM
- 30 -
896(1)(c)(ii);
897 (iii) $2.50 of the registration fee imposed under Subsection 41-1a-1206(1)(e)(ii);
898 (iv) $23 of the registration fee imposed under Subsection 41-1a-1206(1)(d)(i);
899 (v) $24.50 of the registration fee imposed under Subsection 41-1a-1206(1)(e)(i); and
900 (vi) $1 of the registration fee imposed under Subsection 41-1a-1206(1)(d)(ii).
901 (b) The following portions of the registration fees collected for each vehicle registered
902for a six-month registration period under Section 41-1a-215.5 shall be deposited into the
903Transportation Investment Fund of 2005 created by Section 72-2-124:
904 (i) $23.25 of each registration fee collected under Subsection 41-1a-1206(2)(a)(i); and
905 (ii) $23 of each registration fee collected under Subsection 41-1a-1206(2)(a)(ii).
906 [(7)] (6) (a) Ninety-four cents of each registration fee imposed under Subsections
90741-1a-1206(1)(a) and (b) for each vehicle shall be deposited into the Public Safety Restricted
908Account created in Section 53-3-106.
909 (b) Seventy-one cents of each registration fee imposed under Subsections
91041-1a-1206(2)(a) and (b) for each vehicle registered for a six-month registration period under
911Section 41-1a-215.5 shall be deposited into the Public Safety Restricted Account created in
912Section 53-3-106.
913 [(8)] (7) (a) One dollar of each registration fee imposed under Subsections
91441-1a-1206(1)(a) and (b) for each vehicle shall be deposited into the Motor Vehicle Safety
915Impact Restricted Account created in Section 53-8-214.
916 (b) One dollar of each registration fee imposed under Subsections 41-1a-1206(2)(a)
917and (b) for each vehicle registered for a six-month registration period under Section
91841-1a-215.5 shall be deposited into the Motor Vehicle Safety Impact Restricted Account
919created in Section 53-8-214.
920 [(9)] (8) Fifty cents of each registration fee imposed under Subsection
92141-1a-1206(1)(a) for each motorcycle shall be deposited into the Spinal Cord and Brain Injury
922Rehabilitation Fund created in Section 26-54-102.
923 Section 16. Section 41-1a-1204 is amended to read:
924 41-1a-1204. Automobile driver education fee -- Amount -- When paid --
925Exception.
926 (1) Each year there is levied and shall be paid to the commission the automobile driver 12-20-22 2:12 PM H.B. 26
- 31 -
927education fee.
928 (2) (a) Except as provided in Subsections (2)(b) and (c), the fee is $2.50 upon each
929motor vehicle to be registered for a one-year registration period.
930 (b) The fee is $2.00 upon each motor vehicle to be registered under Section
93141-1a-215.5 for a six-month registration period.
932 (c) The following registrations are exempt from the fee in Subsection (2)(a) or (b):
933 (i) a motorcycle registration; and
934 (ii) a registration of a vehicle with a Purple Heart special group license plate issued [in
935accordance with Section 41-1a-421.]:
936 (A) on or before December 31, 2023; or
937 (B) in accordance with Part 16, Sponsored Special Group License Plates.
938 Section 17. Section 41-1a-1206 is amended to read:
939 41-1a-1206. Registration fees -- Fees by gross laden weight.
940 (1) Except as provided in Subsections (2) and (3), at the time application is made for
941registration or renewal of registration of a vehicle or combination of vehicles under this
942chapter, a registration fee shall be paid to the division as follows:
943 (a) $46.00 for each motorcycle;
944 (b) $44 for each motor vehicle of 12,000 pounds or less gross laden weight, excluding
945motorcycles;
946 (c) unless the semitrailer or trailer is exempt from registration under Section 41-1a-202
947or is registered under Section 41-1a-301:
948 (i) $31 for each trailer or semitrailer over 750 pounds gross unladen weight; or
949 (ii) $28.50 for each commercial trailer or commercial semitrailer of 750 pounds or less
950gross unladen weight;
951 (d) (i) $53 for each farm truck over 12,000 pounds, but not exceeding 14,000 pounds
952gross laden weight; plus
953 (ii) $9 for each 2,000 pounds over 14,000 pounds gross laden weight;
954 (e) (i) $69.50 for each motor vehicle or combination of motor vehicles, excluding farm
955trucks, over 12,000 pounds, but not exceeding 14,000 pounds gross laden weight; plus
956 (ii) $19 for each 2,000 pounds over 14,000 pounds gross laden weight;
957 (f) (i) $69.50 for each park model recreational vehicle over 12,000 pounds, but not H.B. 26 12-20-22 2:12 PM
- 32 -
958exceeding 14,000 pounds gross laden weight; plus
959 (ii) $19 for each 2,000 pounds over 14,000 pounds gross laden weight;
960 (g) $45 for each vintage vehicle that has a model year of 1981 or newer;
961 (h) in addition to the fee described in Subsection (1)(b):
962 (i) an amount equal to the road usage charge cap described in Section 72-1-213.1 for:
963 (A) each electric motor vehicle; and
964 (B) Each motor vehicle not described in this Subsection (1)(h) that is fueled
965exclusively by a source other than motor fuel, diesel fuel, natural gas, or propane;
966 (ii) $21.75 for each hybrid electric motor vehicle; and
967 (iii) $56.50 for each plug-in hybrid electric motor vehicle; and
968 (i) in addition to the fee described in Subsection (1)(g), for a vintage vehicle that has a
969model year of 1981 or newer, 50 cents.
970 (2) (a) At the time application is made for registration or renewal of registration of a
971vehicle under this chapter for a six-month registration period under Section 41-1a-215.5, a
972registration fee shall be paid to the division as follows:
973 (i) $34.50 for each motorcycle; and
974 (ii) $33.50 for each motor vehicle of 12,000 pounds or less gross laden weight,
975excluding motorcycles.
976 (b) In addition to the fee described in Subsection (2)(a)(ii), for registration or renewal
977of registration of a vehicle under this chapter for a six-month registration period under Section
97841-1a-215.5 a registration fee shall be paid to the division as follows:
979 (i) an amount equal to the road usage charge cap described in Section 72-1-213.1 for:
980 (A) each electric motor vehicle; and
981 (B) each motor vehicle not described in this Subsection (2)(b) that is fueled exclusively
982by a source other than motor fuel, diesel fuel, natural gas, or propane;
983 (ii) $16.50 for each hybrid electric motor vehicle; and
984 (iii) $43.50 for each plug-in hybrid electric motor vehicle.
985 (3) (a) (i) Beginning on January 1, 2019, the commission shall, on January 1, annually
986adjust the registration fees described in Subsections (1)(a), (1)(b), (1)(c)(i), (1)(c)(ii), (1)(d)(i),
987(1)(e)(i), (1)(f)(i), (1)(g), (2)(a), (4)(a), and (7), by taking the registration fee rate for the
988previous year and adding an amount equal to the greater of: 12-20-22 2:12 PM H.B. 26
- 33 -
989 (A) an amount calculated by multiplying the registration fee of the previous year by the
990actual percentage change during the previous fiscal year in the Consumer Price Index; and
991 (B) 0.
992 (ii) Beginning on January 1, 2024, the commission shall, on January 1, annually adjust
993the registration fees described in Subsections (1)(h)(ii) and (iii) and (2)(b)(ii) and (iii) by taking
994the registration fee rate for the previous year and adding an amount equal to the greater of:
995 (A) an amount calculated by multiplying the registration fee of the previous year by the
996actual percentage change during the previous fiscal year in the Consumer Price Index; and
997 (B) 0.
998 (b) The amounts calculated as described in Subsection (3)(a) shall be rounded up to the
999nearest 25 cents.
1000 (4) (a) The initial registration fee for a vintage vehicle that has a model year of 1980 or
1001older is $40.
1002 (b) A vintage vehicle that has a model year of 1980 or older is exempt from the
1003renewal of registration fees under Subsection (1).
1004 (c) A vehicle with a Purple Heart special group license plate issued [in accordance with
1005Section 41-1a-421] on or before December 31, 2023, or issued in accordance with Part 16,
1006Sponsored Special Group License Plates, is exempt from the registration fees under Subsection
1007(1).
1008 (d) A camper is exempt from the registration fees under Subsection (1).
1009 (5) If a motor vehicle is operated in combination with a semitrailer or trailer, each
1010motor vehicle shall register for the total gross laden weight of all units of the combination if the
1011total gross laden weight of the combination exceeds 12,000 pounds.
1012 (6) (a) Registration fee categories under this section are based on the gross laden
1013weight declared in the licensee's application for registration.
1014 (b) Gross laden weight shall be computed in units of 2,000 pounds. A fractional part
1015of 2,000 pounds is a full unit.
1016 (7) The owner of a commercial trailer or commercial semitrailer may, as an alternative
1017to registering under Subsection (1)(c), apply for and obtain a special registration and license
1018plate for a fee of $130.
1019 (8) Except as provided in Section 41-6a-1642, a truck may not be registered as a farm H.B. 26 12-20-22 2:12 PM
- 34 -
1020truck unless:
1021 (a) the truck meets the definition of a farm truck under Section 41-1a-102; and
1022 (b) (i) the truck has a gross vehicle weight rating of more than 12,000 pounds; or
1023 (ii) the truck has a gross vehicle weight rating of 12,000 pounds or less and the owner
1024submits to the division a certificate of emissions inspection or a waiver in compliance with
1025Section 41-6a-1642.
1026 (9) A violation of Subsection (8) is an infraction that shall be punished by a fine of not
1027less than $200.
1028 (10) Trucks used exclusively to pump cement, bore wells, or perform crane services
1029with a crane lift capacity of five or more tons, are exempt from 50% of the amount of the fees
1030required for those vehicles under this section.
1031 Section 18. Section 41-1a-1211 is amended to read:
1032 41-1a-1211. License plate fees -- Application fees for issuance and renewal of
1033personalized and special group license plates -- Replacement fee for license plates --
1034Postage fees.
1035 (1) (a) Except as provided in Subsections (11), (12), (13), and (14), a license plate fee
1036established in accordance with Section 63J-1-504 shall be paid to the division for the issuance
1037of any new license plate under Part 4, License Plates and Registration Indicia.
1038 (b) The license plate fee shall be deposited as follows:
1039 (i) $1 in the Transportation Fund; and
1040 (ii) the remainder of the fee charged under Subsection (1)(a) into the License Plate
1041Production Restricted Account, as provided in [Section 41-1a-1201] Subsection
104241-1a-1201(10).
1043 (2) An applicant for original issuance of personalized license plates issued under
1044Section 41-1a-410 shall pay a $50 per set license plate application fee in addition to the fee
1045required in Subsection (1).
1046 (3) Beginning July 1, 2003, a person who applies for a special group license plate shall
1047pay a $5 fee for the original set of license plates in addition to the fee required under
1048Subsection (1).
1049 (4) An applicant for original issuance of personalized special group license plates shall
1050pay the license plate application fees required in Subsection (2) in addition to the license plate 12-20-22 2:12 PM H.B. 26
- 35 -
1051fees and license plate application fees established under Subsections (1) and (3).
1052 (5) An applicant for renewal of personalized license plates issued under Section
105341-1a-410 shall pay a $10 per set application fee.
1054 (6) (a) The division may charge a fee established under Section 63J-1-504 to recover
1055the costs for the replacement of any license plate issued under Part 4, License Plates and
1056Registration Indicia.
1057 (b) The license plate fee shall be deposited as follows:
1058 (i) $1 in the Transportation Fund; and
1059 (ii) the remainder of the fee charged under Subsection (6)(a) into the License Plate
1060Production Restricted Account, as provided in [Section 41-1a-1201] Subsection
106141-1a-1201(10).
1062 (7) (a) The division may charge a fee established under Section 63J-1-504 to recover
1063[its] the division's costs for the replacement of [decals] a symbol decal issued under Section
106441-1a-418.
1065 (b) The fee described in Subsection (7) shall be deposited into the License Plate
1066Production Restricted Account described in Subsection 41-1a-1201(10)
1067 (8) The division may charge a fee established under Section 63J-1-504 to recover the
1068cost of issuing stickers under Section 41-1a-416.
1069 (9) In addition to any other fees required by this section, the division shall assess a fee
1070established under Section 63J-1-504 to cover postage expenses if new or replacement license
1071plates are mailed to the applicant.
1072 (10) The fees required under this section are separate from and in addition to
1073registration fees required under Section 41-1a-1206.
1074 (11) (a) An applicant for a license plate issued under Section 41-1a-407 is not subject
1075to the license plate fee under Subsection (1).
1076 (b) An applicant for a Purple Heart special group license plate issued [in accordance
1077with Section 41-1a-421] on or before December 31, 2023, or issued in accordance with Part 16,
1078Sponsored Special Group License Plates, is exempt from the fees under Subsections (1), (3),
1079and (7).
1080 (12) A person is exempt from the fee under Subsection (1) or (6) if the person:
1081 (a) was issued a clean fuel special group license plate in accordance with Section H.B. 26 12-20-22 2:12 PM
- 36 -
108241-1a-418 prior to the effective date of rules made by the Department of Transportation under
1083Subsection 41-6a-702(5)(b);
1084 (b) beginning on the effective date of rules made by the Department of Transportation
1085authorized under Subsection 41-6a-702(5)(b), is no longer eligible for a clean fuel special
1086group license plate under the rules made by the Department of Transportation; and
1087 (c) upon renewal or reissuance, is required to replace the clean fuel special group
1088license plate with a new license plate.
1089 [(13) Until June 30, 2011, a person is exempt from the license plate fee under
1090Subsection (1) or (6) if the person:]
1091 [(a) was issued a firefighter recognition special group license plate in accordance with
1092Section 41-1a-418 prior to July 1, 2009;]
1093 [(b) upon renewal of the person's vehicle registration on or after July 1, 2009, is not a
1094contributor to the Firefighter Support Restricted Account as required under Section 41-1a-418;
1095and]
1096 [(c) is required to replace the firefighter special group license plate with a new license
1097plate in accordance with Section 41-1a-418.]
1098 [(14) A person is not subject to the license plate fee under Subsection (1) if the person
1099presents official documentation that the person is a recipient of the Purple Heart Award
1100issued:]
1101 [(a) by a recognized association representing peace officers who:]
1102 [(i) receives a salary from a federal, state, county, or municipal government or any
1103subdivision of the state; and]
1104 [(ii) works in the state; or]
1105 [(b) in accordance with Subsection 41-1a-421(2).]
1106 (13) An individual is exempt from the license plate fee under Subsection (1) if the
1107individual presents official documentation that the individual is a recipient of the Purple Heart
1108Award in one of the following forms:
1109 (a) official documentation issued by a recognized association representing peace
1110officers who:
1111 (i) receive a salary from a federal, state, county, or municipal government or any other
1112subdivision of the state; and 12-20-22 2:12 PM H.B. 26
- 37 -
1113 (ii) work in the state;
1114 (b) a membership card in the Military Order of the Purple Heart; or
1115 (c) an original or certificate in lieu of the applicant's military discharge form, DD-214,
1116issued by the National Personnel Records Center.
1117 Section 19. Section 41-1a-1212 is amended to read:
1118 41-1a-1212. Fee for replacement of license plate decals.
1119 (1) A fee established in accordance with Section 63J-1-504 shall be paid to the division
1120for the replacement of a license plate registration decal required by Section 41-1a-402 or a
1121registration decal required by Section 41-1a-401.
1122 (2) The fee described in Subsection (1) shall be deposited into the License Plate
1123Production Restricted Account created in Subsection 41-1a-1201(10).
1124 Section 20. Section 41-1a-1218 is amended to read:
1125 41-1a-1218. Uninsured motorist identification fee for tracking motor vehicle
1126insurance -- Exemption -- Deposit.
1127 (1) (a) Except as provided in Subsections (1)(b) and (c), at the time application is made
1128for registration or renewal of registration of a motor vehicle under this chapter, the applicant
1129shall pay an uninsured motorist identification fee of $1 on each motor vehicle.
1130 (b) Except as provided in Subsection (1)(c), at the time application is made for
1131registration or renewal of registration of a motor vehicle for a six-month registration period
1132under Section 41-1a-215.5, the applicant shall pay an uninsured motorist identification fee of
113375 cents on each motor vehicle.
1134 (c) The following are exempt from the fee required under Subsection (1)(a) or (b):
1135 (i) a commercial vehicle registered as part of a fleet under Section 41-1a-222 or
1136Section 41-1a-301;
1137 (ii) a motor vehicle that is exempt from the registration fee under Section 41-1a-1209
1138or Subsection 41-1a-419(3); and
1139 (iii) a motor vehicle with a Purple Heart special group license plate issued [in
1140accordance with Section 41-1a-421.]:
1141 (A) on or before December 31, 2023; or
1142 (B) in accordance with Part 16, Sponsored Special Group License Plates.
1143 (2) The revenue generated under this section shall be deposited in the Uninsured H.B. 26 12-20-22 2:12 PM
- 38 -
1144Motorist Identification Restricted Account created in Section 41-12a-806.
1145 Section 21. Section 41-1a-1222 is amended to read:
1146 41-1a-1222. Local option highway construction and transportation corridor
1147preservation fee -- Exemptions -- Deposit -- Transfer -- County ordinance -- Notice.
1148 (1) As used in this section:
1149 (a) "Metro township" means the same as that term is defined in Section 10-2a-403.
1150 (b) "Unincorporated" means the same as that term is defined in Section 10-1-104.
1151 (2) (a) (i) Except as provided in Subsection (2)(a)(ii), a county legislative body may
1152impose a local option highway construction and transportation corridor preservation fee of up
1153to $10 on each motor vehicle registration within the county.
1154 (ii) A county legislative body may impose a local option highway construction and
1155transportation corridor preservation fee of up to $7.75 on each motor vehicle registration for a
1156six-month registration period under Section 41-1a-215.5 within the county.
1157 (iii) A fee imposed under Subsection (2)(a)(i) or (ii) shall be set in whole dollar
1158increments.
1159 (b) If imposed under Subsection (2)(a), at the time application is made for registration
1160or renewal of registration of a motor vehicle under this chapter, the applicant shall pay the local
1161option highway construction and transportation corridor preservation fee established by the
1162county legislative body.
1163 (c) The following are exempt from the fee required under Subsection (2)(a):
1164 (i) a motor vehicle that is exempt from the registration fee under Section 41-1a-1209 or
1165Subsection 41-1a-419(3);
1166 (ii) a commercial vehicle with an apportioned registration under Section 41-1a-301;
1167and
1168 (iii) a motor vehicle with a Purple Heart special group license plate issued [in
1169accordance with Section 41-1a-421.]:
1170 (A) on or before December 31, 2023; or
1171 (B) in accordance with Part 16, Sponsored Special Group License Plates.
1172 (3) (a) Except as provided in Subsection (3)(b), the revenue generated under this
1173section shall be:
1174 (i) deposited in the Local Highway and Transportation Corridor Preservation Fund 12-20-22 2:12 PM H.B. 26
- 39 -
1175created in Section 72-2-117.5;
1176 (ii) credited to the county from which it is generated; and
1177 (iii) used and distributed in accordance with Section 72-2-117.5.
1178 (b) The revenue generated by a fee imposed under this section in a county of the first
1179class shall be deposited or transferred as follows:
1180 (i) 50% of the revenue shall be:
1181 (A) deposited in the County of the First Class Highway Projects Fund created in
1182Section 72-2-121; and
1183 (B) used in accordance with Section 72-2-121;
1184 (ii) 30% of the revenue shall be deposited, credited, and used as provided in Subsection
1185(3)(a); and
1186 (iii) 20% of the revenue shall be transferred to the legislative body of a county of the
1187first class.
1188 (4) Beginning in a fiscal year beginning on or after July 1, 2023, and for 15 years
1189thereafter, the legislative body of the county of the first class shall annually transfer, from the
1190revenue transferred to the legislative body of a county of the first class as described in
1191Subsection (3)(b)(iii):
1192 (a) $300,000 to Kearns township; and
1193 (b) $225,000 to Magna township.
1194 (5) To impose or change the amount of a fee under this section, the county legislative
1195body shall pass an ordinance:
1196 (a) approving the fee;
1197 (b) setting the amount of the fee; and
1198 (c) providing an effective date for the fee as provided in Subsection (6).
1199 (6) (a) If a county legislative body enacts, changes, or repeals a fee under this section,
1200the enactment, change, or repeal shall take effect on July 1 if the commission receives notice
1201meeting the requirements of Subsection (6)(b) from the county prior to April 1.
1202 (b) The notice described in Subsection (6)(a) shall:
1203 (i) state that the county will enact, change, or repeal a fee under this part;
1204 (ii) include a copy of the ordinance imposing the fee; and
1205 (iii) if the county enacts or changes the fee under this section, state the amount of the H.B. 26 12-20-22 2:12 PM
- 40 -
1206fee.
1207 Section 22. Section 41-1a-1305 is amended to read:
1208 41-1a-1305. License plate and registration card violations -- Class C
1209misdemeanor.
1210 It is a class C misdemeanor:
1211 (1) to break, injure, interfere with, or remove from any vehicle any seal, lock, or device
1212on it for holding or displaying any license plate or registration card attached for denoting
1213registration and identity of the vehicle;
1214 (2) to remove from any registered vehicle the license plate or registration card issued or
1215attached to it for its registration;
1216 (3) to place or display any license plate or registration card upon any other vehicle than
1217the one for which it was issued by the division;
1218 (4) to use or permit the use or display of any license plate, registration card, or permit
1219upon or in the operation of any vehicle other than that for which it was issued;
1220 (5) to operate upon any highway of this state any vehicle required by law to be
1221registered without having the license plate or plates securely attached, except that the
1222registration card issued by the division to all trailers and semitrailers shall be carried in the
1223towing vehicle;
1224 (6) for any weighmaster to knowingly make any false entry in his record of weights of
1225vehicles subject to registration or to knowingly report to the commission or division any false
1226information regarding the weights;
1227 (7) for any inspector, officer, agent, employee, or other person performing any of the
1228functions required for the registration or operation of vehicles subject to registration, to do,
1229permit, cause, connive at, or permit to be done any act with the intent, or knowledge that the
1230probable effect of the act would be to injure any person, deprive him of his property, or to
1231injure or defraud the state with respect to its revenues relating to title or registration of
1232vehicles;
1233 (8) for any person to combine or conspire with another to do, attempt to do, or cause or
1234allow any of the acts in this chapter classified as a misdemeanor;
1235 (9) to operate any motor vehicle with a camper mounted on it upon any highway
1236without displaying a current registration decal in clear sight upon the rear of the camper, issued 12-20-22 2:12 PM H.B. 26
- 41 -
1237by the county assessor of the county in which the camper has situs for taxation;
1238 (10) to manufacture, use, display, or sell any facsimile or reproduction of any license
1239plate issued by the division or any article that would appear to be a substitute for a license
1240plate; or
1241 (11) to fail to return to the division any registration card, license plate or plates,
1242registration decal, permit, or title that has been canceled, suspended, voided, or revoked.
1243 Section 23. Section 41-1a-1601 is enacted to read:
1244 41-1a-1601. Definitions.
1245 As used in this part:
1246 (1) "Applicant" means a registered owner who submits an application to obtain or
1247renew a sponsored special group license plate in accordance with this part.
1248 (2) (a) "Charitable purpose" means:
1249 (i) relief of the poor, the distressed, or the underprivileged;
1250 (ii) advancement of religion;
1251 (iii) advancement of education or science;
1252 (iv) erecting or maintaining a public building, monument, or work;
1253 (v) reducing the burdens of government;
1254 (vi) reducing neighborhood tensions;
1255 (vii) eliminating prejudice and discrimination;
1256 (viii) defending human rights and civil rights secured by law; or
1257 (ix) combating community deterioration and juvenile delinquency.
1258 (b) "Charitable purpose" does not include providing, encouraging, or paying for the
1259costs of obtaining an abortion.
1260 (3) "Collegiate special group license plate" means a sponsored special group license
1261plate issued to a contributor to an institution.
1262 (4) "Contributor" means an applicant who contributes the required contribution to a
1263sponsoring organization for a sponsored special group license plate.
1264 (5) (a) "Existing special group license plate" means a special group license plate that
1265the division issues before January 1, 2024.
1266 (b) "Existing special group license plate" does not include a special group license plate
1267described in Subsection 41-1a-418(1)(a) or (b). H.B. 26 12-20-22 2:12 PM
- 42 -
1268 (6) "Existing state agency recognition special group license plate" means an existing
1269special group license plate issued to a registered owner who:
1270 (a) has a special license that supports or furthers a government purpose;
1271 (b) has achieved an accomplishment that supports or furthers a government purpose;
1272 (c) has received an honor that supports or furthers a government purpose;
1273 (d) has achieved an accomplishment that supports or furthers a government purpose; or
1274 (e) holds an elected office.
1275 (7) "Institution" means:
1276 (a) a state institution of higher education as defined in Section 53B-3-102; or
1277 (b) a private institution of higher education in the state accredited by a regional or
1278national accrediting agency recognized by the United States Department of Education.
1279 (8) (a) "Private nonprofit organization" means a private nonprofit organization that:
1280 (i) qualifies as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
1281and
1282 (ii) has a charitable purpose.
1283 (b) "Private nonprofit organization" does not include an organization that provides,
1284encourages, or pays for the costs of obtaining an abortion.
1285 (9) "Private nonprofit special group license plate" means a sponsored special group
1286license plate issued to a contributor to a private nonprofit organization.
1287 (10) "Required contribution" means:
1288 (a) the minimum annual contribution amount established under Subsection
128941-1a-1603(4)(a)(iii); or
1290 (b) if the sponsoring organization establishes a minimum annual contribution amount
1291in accordance with Subsection 41-1a-1603(4)(b) that is greater than the minimum required
1292contribution amount established under Subsection 41-1a-1603(4)(a)(iii), the amount the
1293sponsoring organization establishes.
1294 (11) "Sponsored special group license plate" means a license plate:
1295 (a) designed for and associated with a sponsoring organization; and
1296 (b) issued to an applicant in accordance with this part.
1297 (12) "Sponsoring organization" means an institution, a private nonprofit organization,
1298or a state agency that is or seeks to be associated with a sponsored special group license plate 12-20-22 2:12 PM H.B. 26
- 43 -
1299created under this part.
1300 (13) "State agency recognition special group license plate" means a sponsored special
1301group license plate issued to an applicant who:
1302 (a) has a special license that supports or furthers a government purpose;
1303 (b) has achieved an accomplishment that supports or furthers a government purpose;
1304 (c) has received an honor that supports or furthers a government purpose;
1305 (d) has achieved an accomplishment that supports or furthers a government purpose; or
1306 (e) holds an elected office.
1307 (14) "State agency support special group license plate" means:
1308 (a) a sponsored special group license plate issued to a contributor to a state agency to
1309support a specific state agency program; or
1310 (b) an existing special group license plate issued for a special interest vehicle.
1311 Section 24. Section 41-1a-1602 is enacted to read:
1312 41-1a-1602. Sponsored special group license plate program.
1313 (1) The division shall establish and administer a sponsored special group license plate
1314program as described in this part.
1315 (2) The division shall issue to an applicant who satisfies the requirements of this part
1316one of the following:
1317 (a) a collegiate special group license plate;
1318 (b) a private nonprofit special group license plate;
1319 (c) a state agency support special group license plate; or
1320 (d) a state agency recognition special group license plate.
1321 Section 25. Section 41-1a-1603 is enacted to read:
1322 41-1a-1603. Application Requirements -- Fees -- Contributions -- Rulemaking.
1323 (1) An applicant for a sponsored special group license plate shall submit to the
1324division:
1325 (a) in a form and manner that the division prescribes, a complete application;
1326 (b) payment of the fee for the issuance of the sponsored special group license plate
1327established under Subsection (4)(a)(i);
1328 (c) the required contribution for the sponsored special group license plate, unless the
1329applicant previously paid the required contribution as part of a preorder application described H.B. 26 12-20-22 2:12 PM
- 44 -
1330in Subsection (4); and
1331 (d) if the sponsoring organization elects to require verification as described in Section
133241-1a-1604, a verification form obtained from the sponsoring organization.
1333 (2) An applicant who owns a vehicle with the sponsoring organization's sponsored
1334special group license plate shall submit to the division the required contribution to renew the
1335sponsored special group license plate.
1336 (3) (a) An applicant who wishes to obtain a new type of sponsored special group
1337license plate may preorder the new type of sponsored special group license plate by:
1338 (i) submitting to the sponsoring organization associated with the new type of sponsored
1339special group license plate a complete preorder form created by the division; and
1340 (ii) making the required contribution to the sponsoring organization.
1341 (b) After the division approves the sponsoring organization's request for the new type
1342of sponsored special group license plate under Section 41-1a-1604, an applicant who submitted
1343a preorder in accordance with Subsection (3)(a) may apply for the sponsored special group
1344license plate in accordance with Subsection (1).
1345 (4) (a) The division shall, in accordance with Section 63J-1-504, establish:
1346 (i) the fee to charge an applicant for the division's costs of issuing or renewing a
1347sponsored special group license plate or symbol decal;
1348 (ii) the fee to charge a sponsoring organization for the division's costs of designing and
1349administering a new type of sponsored special group license plate; and
1350 (iii) subject to Subsection (4)(b), in an amount equal to at least $25, the minimum
1351annual contribution amount an applicant is required to make to obtain or renew the sponsoring
1352organization's sponsored special group license plate.
1353 (b) A fee paid in accordance with Subsections (4)(a)(i) or (ii) shall be deposited into
1354the License Plate Production Restricted Account created in Subsection 41-1a-1201(10)
1355 (c) A sponsoring organization may establish a required contribution amount for the
1356sponsoring organization's sponsored special group license plate that is greater than the amount
1357established by the division under Subsection (4)(a)(iii).
1358 (5) An applicant's contribution is a voluntary contribution for funding the sponsoring
1359organization's activities and not a motor vehicle registration fee.
1360 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 12-20-22 2:12 PM H.B. 26
- 45 -
1361commission may make rules to establish and administer the sponsored special group license
1362plate program.
1363 Section 26. Section 41-1a-1604 is enacted to read:
1364 41-1a-1604. New sponsored special group license plates -- Eligibility criteria.
1365 (1) If a sponsoring organization satisfies the requirements of this part, the division shall
1366approve an application for a new type of sponsored special group license plate and issue the
1367sponsored special group license plate in accordance with this part.
1368 (2) Subject to the other provisions of this part, a sponsoring organization requesting a
1369new type of sponsored special group license plate shall submit to the division, in a form and
1370manner the division prescribes:
1371 (a) a complete application requesting the new type of sponsored special group license
1372plate that includes:
1373 (i) information about the sponsoring organization the division needs to process the
1374request;
1375 (ii) contact information for an individual representing the sponsoring organization;
1376 (iii) if the sponsoring organization establishes a required contribution amount under
1377Subsection 41-1a-1603(4)(b) that is greater than the minimum required contribution amount
1378established under Subsection 41-1a-1603(4)(a)(iii), the amount of the required contribution;
1379 (iv) account information to allow the division to disburse funds from required
1380contributions the division collects through the sponsored special group license plate program to
1381the sponsoring organization;
1382 (v) a link to a functional website described in Subsection (7); and
1383 (vi) if the sponsoring organization requires an applicant to submit a verification form
1384described in Subsection (8)(b)(i), a statement indicating that a verification form is required;
1385 (b) at least 500 complete preorder applications for the new type of sponsored special
1386group license plate, including verification that each preorder application included the required
1387contribution;
1388 (c) the fee for the cost of designing and administering the new type of sponsored
1389special group license plate established under Subsection 41-1a-1603(4)(a)(ii); and
1390 (d) if the new type of sponsored special group license plate is a private nonprofit
1391special group license plate: H.B. 26 12-20-22 2:12 PM
- 46 -
1392 (i) a copy of the Internal Revenue Service letter approving the sponsoring
1393organization's Section 501(c)(3) status;
1394 (ii) an affidavit signed under penalty of perjury declaring that the sponsoring
1395organization has a charitable purpose; and
1396 (iii) an indication of the private nonprofit organization's charitable purpose.
1397 (3) If an application under Subsection (2) is for a special group license plate that was
1398discontinued in accordance with this part, each registered vehicle with the discontinued special
1399group license plate is considered a complete preorder application for the purposes of
1400Subsection (2)(b).
1401 (4) The division:
1402 (a) may share data collected under Subsection (2)(d)(iii) with the Legislature and the
1403state auditor;
1404 (b) may not use the information in Subsection (2)(d)(iii) in deciding whether to
1405approve the sponsoring organization's application; and
1406 (c) is not required to evaluate the accuracy or veracity of information the private
1407nonprofit organization provides under Subsection (2)(d).
1408 (5) Except as otherwise provided in this part, the division may not begin design work
1409on or issue a new type of sponsored special group license plate unless the sponsoring
1410organization satisfies the requirements of Subsection (2).
1411 (6) A sponsoring organization that is a state agency may request a state agency
1412recognition special group license plate without meeting the minimum preorder requirements of
1413Subsection (2)(b) if:
1414 (a) the governor certifies that there is a legitimate government operations purpose for
1415issuing the state agency recognition special group license plate; and
1416 (b) through appropriation or any other source, funds are available to cover the startup
1417and administrative costs of the state agency recognition special group license plate.
1418 (7) A sponsoring organization of a sponsored special group license plate issued in
1419accordance with this part shall maintain a functional website that:
1420 (a) explains how the sponsoring organization will use the required contributions in
1421accordance with this part;
1422 (b) if applicable, makes available the sponsoring organization's most recent Internal 12-20-22 2:12 PM H.B. 26
- 47 -
1423Revenue Service Form 990; and
1424 (c) provides instructions for how to obtain a verification form if the sponsoring
1425organization elects to require verification in accordance with Subsection (8).
1426 (8) (a) A sponsoring organization may establish eligibility requirements for the
1427sponsoring organization's sponsored special group license plate.
1428 (b) If a sponsoring organization establishes eligibility requirements under this
1429subsection, the sponsoring organization shall:
1430 (i) inform the division that a verification form is required as part of an application for
1431the sponsoring organization's sponsored special group license plate;
1432 (ii) establish a process for providing a verification form to an applicant; and
1433 (iii) provide a verification form prescribed by the division to an applicant who satisfies
1434the sponsoring organization's eligibility requirements.
1435 (9) The division shall begin issuing the new type of sponsored special group license
1436plate no later than six months after the day on which the division receives the items described
1437in Subsection (2).
1438 (10) The division may:
1439 (a) consider a request for a sponsored special group license plate for two or more
1440military branches as a request for a single type of sponsored special group license plate for the
1441purposes of meeting the eligibility criteria described in this section; and
1442 (b) charge an appropriate fee for ordering multiple symbol decals for each military
1443branch.
1444 Section 27. Section 41-1a-1605 is enacted to read:
1445 41-1a-1605. Collegiate special group license plates.
1446 (1) A sponsoring organization that is an institution shall only use funds received
1447through the sponsored special group license plate program for the institution's academic
1448scholarships.
1449 (2) The state auditor may audit each institution to verify that the money an institution
1450collects from contributors is used only for academic scholarships.
1451 Section 28. Section 41-1a-1606 is enacted to read:
1452 41-1a-1606. Private nonprofit special group license plates.
1453 (1) A sponsoring organization that is a private nonprofit organization shall: H.B. 26 12-20-22 2:12 PM
- 48 -
1454 (a) only use funds received through the sponsored special group license plate program
1455for the charitable purpose described in the private nonprofit organization's application
1456submitted to the division under Section 41-1a-1603; and
1457 (b) may not use funds received through the sponsored special group license plate
1458program to pay the private nonprofit organization's employee salaries or benefits,
1459administrative costs, or fundraising expenses.
1460 (2) A private nonprofit organization may collect a contributor's personal information
1461for the purposes of future fundraising and any required reporting, if the private nonprofit
1462organization requires a verification form described in Section 41-1a-1604.
1463 (3) The state auditor may audit each private nonprofit organization to verify that the
1464money the private nonprofit organization collects from contributors is used for the private
1465nonprofit organization's charitable purpose in accordance with this part.
1466 Section 29. Section 41-1a-1607 is enacted to read:
1467 41-1a-1607. State agency special group license plates.
1468 A sponsoring organization that is a state agency:
1469 (1) shall only use funds received through the sponsored special group license plate
1470program for the implementation or administration of the state agency's designated program; and
1471 (2) may not direct funds received through the sponsored special group license plate
1472program to a nongovernmental entity.
1473 Section 30. Section 41-1a-1608 is enacted to read:
1474 41-1a-1608. Review -- Discontinuance.
1475 (1) The division shall annually review each sponsored special group license plate to
1476determine the number of registered vehicles with each type of sponsored special group license
1477plate during the preceding calendar year.
1478 (2) (a) The division shall discontinue a type of sponsored special group license plate if
1479for two consecutive calendar years, the division's annual review shows that fewer than 500
1480registered vehicles have that type of sponsored special group license plate.
1481 (b) The division shall discontinue a sponsored special group license plate under
1482Subsection (2)(a) beginning January 1 of the calendar year following the year of the second
1483annual review.
1484 (3) If the division discontinues a type of sponsored special group license plate in 12-20-22 2:12 PM H.B. 26
- 49 -
1485accordance with this section, the division may not reinstate the sponsored special group license
1486plate unless the sponsoring organization submits a request for the discontinued sponsored
1487special group license plate in the same manner as a request for a new type of sponsored special
1488group license plate under Section 41-1a-1604.
1489 (4) (a) A registered owner to whom the division issued an existing special group
1490license plate or a sponsored special group license plate that the division discontinues in
1491accordance with this section or Section 41-1a-1609 may continue to display the license plate
1492upon renewing the motor vehicle's registration.
1493 (b) A registered owner described in Subsection (4)(a) is not required to pay a required
1494contribution to the sponsoring organization associated with the sponsored special group license
1495plate.
1496 (5) The division may not transfer to a new registered owner a special group license
1497plate that is discontinued under this part.
1498 (6) Subsection (2) does not apply to a state agency recognition special group license
1499plate that is an existing special group license plate.
1500 Section 31. Section 41-1a-1609 is enacted to read:
1501 41-1a-1609. Transition of existing special group license plates.
1502 (1) (a) Except as provided in this section, on March 31, 2024, the division shall
1503discontinue each existing special group license plate.
1504 (b) The division may not issue an existing special group license plate that the division
1505discontinues in accordance with this Subsection (1).
1506 (2) (a) Subject to the other provisions of this part, the division may issue an existing
1507special group license plate on or after March 31, 2023, if:
1508 (i) before March 31, 2023, the sponsoring organization submits to the division a
1509request for the existing special group license plate in the same manner as a request for a new
1510type of sponsored special group license plate under Section 41-1a-1604; and
1511 (ii) except for an existing state agency recognition special group license plate described
1512in Subsection (6) or (8), there are at least 500 registered vehicles with the existing special
1513group license plate on December 31, 2022.
1514 (b) For an application described in Subsection (2)(a), the requirements described in
1515Subsection 41-1a-1604(2)(b) do not apply. H.B. 26 12-20-22 2:12 PM
- 50 -
1516 (3) (a) A private nonprofit organization may be a sponsoring organization of an
1517existing special group license plate only if the sponsoring organization received contributions
1518related to the existing special group license plate on or after January 1, 2021.
1519 (b) Subsection (3)(a) does not apply to an existing special group license plate described
1520in Subsection (7).
1521 (4) If a sponsoring organization that is a state agency submits a request described in
1522Subsection (2)(a), upon notice to the division and with the private nonprofit organization's
1523agreement, the sponsoring organization may transfer the existing special group license plate to
1524a private nonprofit organization to sponsor the special group license plate as a private nonprofit
1525special group license plate.
1526 (5) After the division discontinues an existing special group license plate in accordance
1527with this section, the division may not reinstate the special group license plate unless the
1528sponsoring organization submits a request for the existing special group license plate in the
1529same manner as a request for a new type of sponsored special group license plate under Section
153041-1a-1604.
1531 (6) If a state agency submits a request under this section or Section 41-1a-1604 for one
1532of the following existing special group license plates and meets the requirements of this part,
1533the division shall reinstate the existing special group license plate as a state agency recognition
1534special group license plate:
1535 (a) a veteran special group license plate issued to:
1536 (i) a survivor of the Japanese attack on Pearl Harbor;
1537 (ii) a former prisoner of war;
1538 (iii) a Purple Heart recipient;
1539 (iv) a disabled veteran; or
1540 (v) a recipient of a gold star award issued by the United States Secretary of Defense; or
1541 (b) a recognition special group license plate issued for:
1542 (i) a current member of the Legislature;
1543 (ii) a current member of the United States Congress;
1544 (iii) a current member of the National Guard;
1545 (iv) an individual supporting the Utah Wing of the Civil Air Patrol;
1546 (v) a licensed amateur radio operator; 12-20-22 2:12 PM H.B. 26
- 51 -
1547 (vi) an emergency medical technician;
1548 (vii) an individual supporting commemoration and recognition of women's suffrage; or
1549 (viii) an individual supporting the recognition and continuation of the work and life of
1550Dr. Martin Luther King, Jr.
1551 (7) If a private nonprofit organization submits a request under this section or Section
155241-1a-1604 for one of the following existing special group license plates and meets the
1553requirements of this part, the division shall reinstate the existing special group license plate as a
1554private nonprofit special group license plate to:
1555 (a) a current member of a search and rescue team; or
1556 (b) a fraternal initiatic order recognition.
1557 (8) If a state agency submits a request under this section or Section 41-1a-1604 for an
1558existing special group license plate issued to a campaign or combat theater award recipient and
1559meets the requirements of this part, the division shall reinstate the existing special group
1560license plate as a state agency recognition special group license plate.
1561 (9) The requirements of this part related to a required contribution do not apply to a
1562special group license plate described in Subsection (6) or (7) unless the sponsoring
1563organization informs the division in the sponsoring organization's request under this section or
1564Section 41-1a-1604 that the sponsoring organization requires a required contribution.
1565 (10) (a) A person with an existing recognition special group license plate that is an
1566honorary consul designated by the United States Department of State shall return the honorary
1567consul recognition special group license plate to the division and may not display the honorary
1568consul special group license plate.
1569 (b) Upon renewal of the vehicle registration related to a vehicle with an honorary
1570consul recognition special group license plate, the division shall issue a new license plate to
1571replace the honorary consul special group license plate.
1572 Section 32. Section 41-1a-1610 is enacted to read:
1573 41-1a-1610. Sponsored Special Group License Plate Fund.
1574 (1) As used in this section, "fund" means the Sponsored Special Group License Plate
1575Fund created in Subsection (2).
1576 (2) There is created an expendable special revenue fund known as the "Sponsored
1577Special Group License Plate Fund." H.B. 26 12-20-22 2:12 PM
- 52 -
1578 (3) The fund consists of all required contributions the division collects under this part.
1579 (4) The division shall, at least annually, disburse to each sponsoring organization any
1580money, less any fees or actual administrative costs associated with issuing a sponsoring
1581organization's sponsored special group license plate, from the fund.
1582 Section 33. Section 41-6a-1642 is amended to read:
1583 41-6a-1642. Emissions inspection -- County program.
1584 (1) The legislative body of each county required under federal law to utilize a motor
1585vehicle emissions inspection and maintenance program or in which an emissions inspection
1586and maintenance program is necessary to attain or maintain any national ambient air quality
1587standard shall require:
1588 (a) a certificate of emissions inspection, a waiver, or other evidence the motor vehicle
1589is exempt from emissions inspection and maintenance program requirements be presented:
1590 (i) as a condition of registration or renewal of registration; and
1591 (ii) at other times as the county legislative body may require to enforce inspection
1592requirements for individual motor vehicles, except that the county legislative body may not
1593routinely require a certificate of emissions inspection, or waiver of the certificate, more often
1594than required under Subsection (9); and
1595 (b) compliance with this section for a motor vehicle registered or principally operated
1596in the county and owned by or being used by a department, division, instrumentality, agency, or
1597employee of:
1598 (i) the federal government;
1599 (ii) the state and any of its agencies; or
1600 (iii) a political subdivision of the state, including school districts.
1601 (2) A vehicle owner subject to Subsection (1) shall obtain a motor vehicle emissions
1602inspection and maintenance program certificate of emissions inspection as described in
1603Subsection (1), but the program may not deny vehicle registration based solely on the presence
1604of a defeat device covered in the Volkswagen partial consent decrees or a United States
1605Environmental Protection Agency-approved vehicle modification in the following vehicles:
1606 (a) a 2.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide
1607emissions are mitigated in the state pursuant to a partial consent decree, including:
1608 (i) Volkswagen Jetta, model years 2009, 2010, 2011, 2012, 2013, 2014, and 2015; 12-20-22 2:12 PM H.B. 26
- 53 -
1609 (ii) Volkswagen Jetta Sportwagen, model years 2009, 2010, 2011, 2012, 2013, and
16102014;
1611 (iii) Volkswagen Golf, model years 2010, 2011, 2012, 2013, 2014, and 2015;
1612 (iv) Volkswagen Golf Sportwagen, model year 2015;
1613 (v) Volkswagen Passat, model years 2012, 2013, 2014, and 2015;
1614 (vi) Volkswagen Beetle, model years 2013, 2014, and 2015;
1615 (vii) Volkswagen Beetle Convertible, model years 2013, 2014, and 2015; and
1616 (viii) Audi A3, model years 2010, 2011, 2012, 2013, and 2015; and
1617 (b) a 3.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide
1618emissions are mitigated in the state to a settlement, including:
1619 (i) Volkswagen Touareg, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015, and
16202016;
1621 (ii) Audi Q7, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015, and 2016;
1622 (iii) Audi A6 Quattro, model years 2014, 2015, and 2016;
1623 (iv) Audi A7 Quattro, model years 2014, 2015, and 2016;
1624 (v) Audi A8, model years 2014, 2015, and 2016;
1625 (vi) Audi A8L, model years 2014, 2015, and 2016;
1626 (vii) Audi Q5, model years 2014, 2015, and 2016; and
1627 (viii) Porsche Cayenne Diesel, model years 2013, 2014, 2015, and 2016.
1628 (3) (a) The legislative body of a county identified in Subsection (1), in consultation
1629with the Air Quality Board created under Section 19-1-106, shall make regulations or
1630ordinances regarding:
1631 (i) emissions standards;
1632 (ii) test procedures;
1633 (iii) inspections stations;
1634 (iv) repair requirements and dollar limits for correction of deficiencies; and
1635 (v) certificates of emissions inspections.
1636 (b) In accordance with Subsection (3)(a), a county legislative body:
1637 (i) shall make regulations or ordinances to attain or maintain ambient air quality
1638standards in the county, consistent with the state implementation plan and federal
1639requirements; H.B. 26 12-20-22 2:12 PM
- 54 -
1640 (ii) may allow for a phase-in of the program by geographical area; and
1641 (iii) shall comply with the analyzer design and certification requirements contained in
1642the state implementation plan prepared under Title 19, Chapter 2, Air Conservation Act.
1643 (c) The county legislative body and the Air Quality Board shall give preference to an
1644inspection and maintenance program that:
1645 (i) is decentralized, to the extent the decentralized program will attain and maintain
1646ambient air quality standards and meet federal requirements;
1647 (ii) is the most cost effective means to achieve and maintain the maximum benefit with
1648regard to ambient air quality standards and to meet federal air quality requirements as related to
1649vehicle emissions; and
1650 (iii) provides a reasonable phase-out period for replacement of air pollution emission
1651testing equipment made obsolete by the program.
1652 (d) The provisions of Subsection (3)(c)(iii) apply only to the extent the phase-out:
1653 (i) may be accomplished in accordance with applicable federal requirements; and
1654 (ii) does not otherwise interfere with the attainment and maintenance of ambient air
1655quality standards.
1656 (4) The following vehicles are exempt from an emissions inspection program and the
1657provisions of this section:
1658 (a) an implement of husbandry as defined in Section 41-1a-102;
1659 (b) a motor vehicle that:
1660 (i) meets the definition of a farm truck under Section 41-1a-102; and
1661 (ii) has a gross vehicle weight rating of 12,001 pounds or more;
1662 (c) a vintage vehicle as defined in Section 41-21-1:
1663 (i) if the vintage vehicle has a model year of 1980 or older; or
1664 (ii) for a vintage vehicle that has a model year of 1981 or newer, if the owner provides
1665proof of vehicle insurance that is a type specific to a vehicle collector;
1666 (d) a custom vehicle as defined in Section 41-6a-1507;
1667 (e) to the extent allowed under the current federally approved state implementation
1668plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401, et seq., a motor
1669vehicle that is less than two years old on January 1 based on the age of the vehicle as
1670determined by the model year identified by the manufacturer; 12-20-22 2:12 PM H.B. 26
- 55 -
1671 (f) a pickup truck, as defined in Section 41-1a-102, with a gross vehicle weight rating
1672of 12,000 pounds or less, if the registered owner of the pickup truck provides a signed
1673statement to the legislative body stating the truck is used:
1674 (i) by the owner or operator of a farm located on property that qualifies as land in
1675agricultural use under Sections 59-2-502 and 59-2-503; and
1676 (ii) exclusively for the following purposes in operating the farm:
1677 (A) for the transportation of farm products, including livestock and its products,
1678poultry and its products, floricultural and horticultural products; and
1679 (B) in the transportation of farm supplies, including tile, fence, and every other thing or
1680commodity used in agricultural, floricultural, horticultural, livestock, and poultry production
1681and maintenance;
1682 (g) a motorcycle as defined in Section 41-1a-102;
1683 (h) an electric motor vehicle as defined in Section 41-1a-102; and
1684 (i) a motor vehicle with a model year of 1967 or older.
1685 (5) The county shall issue to the registered owner who signs and submits a signed
1686statement under Subsection (4)(f) a certificate of exemption from emissions inspection
1687requirements for purposes of registering the exempt vehicle.
1688 (6) A legislative body of a county described in Subsection (1) may exempt from an
1689emissions inspection program a diesel-powered motor vehicle with a:
1690 (a) gross vehicle weight rating of more than 14,000 pounds; or
1691 (b) model year of 1997 or older.
1692 (7) The legislative body of a county required under federal law to utilize a motor
1693vehicle emissions inspection program shall require:
1694 (a) a computerized emissions inspection for a diesel-powered motor vehicle that has:
1695 (i) a model year of 2007 or newer;
1696 (ii) a gross vehicle weight rating of 14,000 pounds or less; and
1697 (iii) a model year that is five years old or older; and
1698 (b) a visual inspection of emissions equipment for a diesel-powered motor vehicle:
1699 (i) with a gross vehicle weight rating of 14,000 pounds or less;
1700 (ii) that has a model year of 1998 or newer; and
1701 (iii) that has a model year that is five years old or older. H.B. 26 12-20-22 2:12 PM
- 56 -
1702 (8) (a) Subject to Subsection (8)(c), the legislative body of each county required under
1703federal law to utilize a motor vehicle emissions inspection and maintenance program or in
1704which an emissions inspection and maintenance program is necessary to attain or maintain any
1705national ambient air quality standard may require each college or university located in a county
1706subject to this section to require its students and employees who park a motor vehicle not
1707registered in a county subject to this section to provide proof of compliance with an emissions
1708inspection accepted by the county legislative body if the motor vehicle is parked on the college
1709or university campus or property.
1710 (b) College or university parking areas that are metered or for which payment is
1711required per use are not subject to the requirements of this Subsection (8).
1712 (c) The legislative body of a county shall make the reasons for implementing the
1713provisions of this Subsection (8) part of the record at the time that the county legislative body
1714takes its official action to implement the provisions of this Subsection (8).
1715 (9) (a) An emissions inspection station shall issue a certificate of emissions inspection
1716for each motor vehicle that meets the inspection and maintenance program requirements
1717established in regulations or ordinances made under Subsection (3).
1718 (b) The frequency of the emissions inspection shall be determined based on the age of
1719the vehicle as determined by model year and shall be required annually subject to the
1720provisions of Subsection (9)(c).
1721 (c) (i) To the extent allowed under the current federally approved state implementation
1722plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401 et seq., the legislative
1723body of a county identified in Subsection (1) shall only require the emissions inspection every
1724two years for each vehicle.
1725 (ii) The provisions of Subsection (9)(c)(i) apply only to a vehicle that is less than six
1726years old on January 1.
1727 (iii) For a county required to implement a new vehicle emissions inspection and
1728maintenance program on or after December 1, 2012, under Subsection (1), but for which no
1729current federally approved state implementation plan exists, a vehicle shall be tested at a
1730frequency determined by the county legislative body, in consultation with the Air Quality
1731Board created under Section 19-1-106, that is necessary to comply with federal law or attain or
1732maintain any national ambient air quality standard. 12-20-22 2:12 PM H.B. 26
- 57 -
1733 (iv) If a county legislative body establishes or changes the frequency of a vehicle
1734emissions inspection and maintenance program under Subsection (9)(c)(iii), the establishment
1735or change shall take effect on January 1 if the State Tax Commission receives notice meeting
1736the requirements of Subsection (9)(c)(v) from the county before October 1.
1737 (v) The notice described in Subsection (9)(c)(iv) shall:
1738 (A) state that the county will establish or change the frequency of the vehicle emissions
1739inspection and maintenance program under this section;
1740 (B) include a copy of the ordinance establishing or changing the frequency; and
1741 (C) if the county establishes or changes the frequency under this section, state how
1742frequently the emissions testing will be required.
1743 (d) If an emissions inspection is only required every two years for a vehicle under
1744Subsection (9)(c), the inspection shall be required for the vehicle in:
1745 (i) odd-numbered years for vehicles with odd-numbered model years; or
1746 (ii) in even-numbered years for vehicles with even-numbered model years.
1747 (10) (a) Except as provided in Subsections (9)(b), (c), and (d), the emissions inspection
1748required under this section may be made no more than two months before the renewal of
1749registration.
1750 (b) (i) If the title of a used motor vehicle is being transferred, the owner may use an
1751emissions inspection certificate issued for the motor vehicle during the previous 11 months to
1752satisfy the requirement under this section.
1753 (ii) If the transferor is a licensed and bonded used motor vehicle dealer, the owner may
1754use an emissions inspection certificate issued for the motor vehicle in a licensed and bonded
1755motor vehicle dealer's name during the previous 11 months to satisfy the requirement under
1756this section.
1757 (c) If the title of a leased vehicle is being transferred to the lessee of the vehicle, the
1758lessee may use an emissions inspection certificate issued during the previous 11 months to
1759satisfy the requirement under this section.
1760 (d) If the motor vehicle is part of a fleet of 101 or more vehicles, the owner may not
1761use an emissions inspection made more than 11 months before the renewal of registration to
1762satisfy the requirement under this section.
1763 (e) If the application for renewal of registration is for a six-month registration period H.B. 26 12-20-22 2:12 PM
- 58 -
1764under Section 41-1a-215.5, the owner may use an emissions inspection certificate issued during
1765the previous eight months to satisfy the requirement under this section.
1766 (11) (a) A county identified in Subsection (1) shall collect information about and
1767monitor the program.
1768 (b) A county identified in Subsection (1) shall supply this information to an appropriate
1769legislative committee, as designated by the Legislative Management Committee, at times
1770determined by the designated committee to identify program needs, including funding needs.
1771 (12) If approved by the county legislative body, a county that had an established
1772emissions inspection fee as of January 1, 2002, may increase the established fee that an
1773emissions inspection station may charge by $2.50 for each year that is exempted from
1774emissions inspections under Subsection (9)(c) up to a $7.50 increase.
1775 (13) (a) Except as provided in Subsection 41-1a-1223(1)(c), a county identified in
1776Subsection (1) may impose a local emissions compliance fee on each motor vehicle registration
1777within the county in accordance with the procedures and requirements of Section 41-1a-1223.
1778 (b) A county that imposes a local emissions compliance fee may use revenues
1779generated from the fee for the establishment and enforcement of an emissions inspection and
1780maintenance program in accordance with the requirements of this section.
1781 (c) A county that imposes a local emissions compliance fee may use revenues
1782generated from the fee to promote programs to maintain a local, state, or national ambient air
1783quality standard.
1784 (14) (a) If a county has reason to believe that a vehicle owner has provided an address
1785as required in Section 41-1a-209 to register or attempt to register a motor vehicle in a county
1786other than the county of the bona fide residence of the owner in order to avoid an emissions
1787inspection required under this section, the county may investigate and gather evidence to
1788determine whether the vehicle owner has used a false address or an address other than the
1789vehicle owner's bona fide residence or place of business.
1790 (b) If a county conducts an investigation as described in Subsection (14)(a) and
1791determines that the vehicle owner has used a false or improper address in an effort to avoid an
1792emissions inspection as required in this section, the county may impose a civil penalty of
1793$1,000.
1794 (15) A county legislative body described in Subsection (1) may exempt a motor vehicle 12-20-22 2:12 PM H.B. 26
- 59 -
1795from an emissions inspection if:
1796 (a) the motor vehicle is 30 years old or older;
1797 (b) the county determines that the motor vehicle was driven less than 1,500 miles
1798during the preceding 12-month period; and
1799 (c) the owner provides to the county legislative body a statement signed by the owner
1800that states the motor vehicle:
1801 (i) is primarily a collector's item used for:
1802 (A) participation in club activities;
1803 (B) exhibitions;
1804 (C) tours; or
1805 (D) parades; or
1806 (ii) is only used for occasional transportation.
1807 Section 34. Section 53-8-214 is amended to read:
1808 53-8-214. Creation of the Motor Vehicle Safety Impact Restricted Account.
1809 (1) There is created a restricted account within the General Fund known as the Motor
1810Vehicle Safety Impact Restricted Account.
1811 (2) The account includes:
1812 (a) deposits made to the restricted account from registration fees as described in
1813Subsection [41-1a-1201(8);] 41-1a-1201(7);
1814 (b) donations or deposits made to the account; and
1815 (c) any interest earned on the account.
1816 (3) Upon appropriation, the division may use funds in the account to improve motor
1817vehicle safety, mitigate impacts, and enforce safety provisions, including the following:
1818 (a) hiring new Highway Patrol troopers;
1819 (b) payment of overtime for Highway Patrol troopers; and
1820 (c) acquisition of equipment to improve motor vehicle safety impacts and enforcement.
1821 (4) The division shall annually report to the Executive Offices and Criminal Justice
1822Appropriations Subcommittee to justify expenditures and use of funds in the account.
1823 Section 35. Section 59-10-1319 is amended to read:
1824 59-10-1319. Contribution to Clean Air Fund.
1825 (1) (a) There is created an expendable special revenue fund known as the "Clean Air H.B. 26 12-20-22 2:12 PM
- 60 -
1826Fund."
1827 (b) The fund shall consist of all amounts deposited into the fund in accordance with
1828Subsection (2).
1829 (2) (a) Except as provided in Section 59-10-1304, for a taxable year beginning on or
1830after January 1, 2017, a resident or nonresident individual who files an individual income tax
1831return under this chapter may designate on the resident or nonresident individual's individual
1832income tax return a contribution as provided in this section to be:
1833 (i) deposited into the Clean Air Fund; and
1834 (ii) expended as provided in Subsection (3).
1835 (b) The fund shall also consist of amounts deposited into the fund through:
1836 [(i) contributions deposited into the account in accordance with Section 41-1a-422;]
1837 [(ii)] (i) private contributions; and
1838 [(iii)] (ii) donations or grants from public or private entities.
1839 (3) (a) At least once each year, the commission shall disburse from the Clean Air Fund
1840all money deposited into the fund since the last disbursement.
1841 (b) The commission shall disburse money under Subsection (3)(a) to the Division of
1842Air Quality for the purpose of:
1843 (i) providing money for grants to individuals or organizations in the state to fund
1844activities intended to improve air quality in the state;
1845 (ii) enhancing programs designed to educate the public about the importance of air
1846quality to the health, well-being, and livelihood of individuals in the state; and
1847 (iii) pay the costs of issuing or reordering Clean Air Support special group license plate
1848decals.
1849 Section 36. Section 62A-15-1103 is amended to read:
1850 62A-15-1103. Governor's Suicide Prevention Fund.
1851 (1) There is created an expendable special revenue fund known as the Governor's
1852Suicide Prevention Fund.
1853 (2) The fund shall consist of donations [described in Section 41-1a-422], gifts, grants,
1854and bequests of real property or personal property made to the fund.
1855 (3) A donor to the fund may designate a specific purpose for the use of the donor's
1856donation, if the designated purpose is described in Subsection (4). 12-20-22 2:12 PM H.B. 26
- 61 -
1857 (4) (a) Subject to Subsection (3), money in the fund shall be used for the following
1858activities:
1859 (i) efforts to directly improve mental health crisis response;
1860 (ii) efforts that directly reduce risk factors associated with suicide; and
1861 (iii) efforts that directly enhance known protective factors associated with suicide
1862reduction.
1863 (b) Efforts described in Subsections (4)(a)(ii) and (iii) include the components of the
1864state suicide prevention program described in Subsection 62A-15-1101(3).
1865 (5) The division shall establish a grant application and review process for the
1866expenditure of money from the fund.
1867 (6) The grant application and review process shall describe:
1868 (a) requirements to complete a grant application;
1869 (b) requirements to receive funding;
1870 (c) criteria for the approval of a grant application;
1871 (d) standards for evaluating the effectiveness of a project proposed in a grant
1872application; and
1873 (e) support offered by the division to complete a grant application.
1874 (7) The division shall:
1875 (a) review a grant application for completeness;
1876 (b) make a recommendation to the governor or the governor's designee regarding a
1877grant application;
1878 (c) send a grant application to the governor or the governor's designee for evaluation
1879and approval or rejection;
1880 (d) inform a grant applicant of the governor or the governor's designee's determination
1881regarding the grant application; and
1882 (e) direct the fund administrator to release funding for grant applications approved by
1883the governor or the governor's designee.
1884 (8) The state treasurer shall invest the money in the fund under Title 51, Chapter 7,
1885State Money Management Act, except that all interest or other earnings derived from money in
1886the fund shall be deposited into the fund.
1887 (9) Money in the fund may not be used for the Office of the Governor's administrative H.B. 26 12-20-22 2:12 PM
- 62 -
1888expenses that are normally provided for by legislative appropriation.
1889 (10) The governor or the governor's designee may authorize the expenditure of fund
1890money in accordance with this section.
1891 (11) The governor shall make an annual report to the Legislature regarding the status of
1892the fund, including a report on the contributions received, expenditures made, and programs
1893and services funded.
1894 Section 37. Section 63G-26-103 is amended to read:
1895 63G-26-103. Protection of personal information.
1896 (1) Except as provided in Subsections (2), (3), and (5), a public agency may not:
1897 (a) require an individual to provide the public agency with personal information or
1898otherwise compel the release of personal information;
1899 (b) require an entity exempt from federal income tax under Section 501(c) of the
1900Internal Revenue Code to provide the public agency with personal information or compel the
1901entity to release personal information;
1902 (c) release, publicize, or otherwise publicly disclose personal information in possession
1903of a public agency; or
1904 (d) request or require a current or prospective contractor or grantee of the public
1905agency to provide the public agency with a list of entities exempt from federal income tax
1906under Section 501(c) of the Internal Revenue Code to which the contractor or grantee has
1907provided financial or nonfinancial support.
1908 (2) Subsection (1) does not apply to:
1909 (a) a disclosure of personal information required under Title 20A, Election Code, Title
191036, Chapter 11, Lobbyist Disclosure and Regulation Act, or any other legal requirement
1911relating to reporting campaign contributions, campaign expenditures, lobbying disclosures, or
1912lobbying expenditures;
1913 (b) a disclosure of personal information expressly required by law;
1914 (c) a disclosure of personal information voluntarily made:
1915 (i) as part of public comment or in a public meeting; or
1916 (ii) in another manner that is publicly accessible;
1917 (d) a disclosure of personal information pursuant to a warrant or court order issued by a
1918court of competent jurisdiction; 12-20-22 2:12 PM H.B. 26
- 63 -
1919 (e) a lawful request for discovery of personal information in litigation or a criminal
1920proceeding;
1921 (f) the use of personal information in a legal proceeding;
1922 (g) a public agency sharing personal information with another public agency in
1923accordance with the requirements of law; or
1924 (h) a nonprofit created under Title 11, Chapter 13a, Governmental Nonprofit
1925Corporations Act.
1926 (3) Subsections (1)(a), (b), and (d) do not apply to:
1927 (a) administration or enforcement of Title 13, Chapter 11, Utah Consumer Sales
1928Practices Act, or Title 13, Chapter 22, Charitable Solicitations Act;
1929 (b) the request or use of personal information necessary to the State Tax Commission's
1930administration of tax or motor vehicle laws; or
1931 (c) access to personal information by the Office of the Legislative Auditor General or
1932the state auditor's office to conduct an audit.
1933 (4) A court shall consider whether to:
1934 (a) limit a request for discovery of personal information; or
1935 (b) issue a protective order in relation to the disclosure of personal information
1936obtained or used in relation to a legal proceeding.
1937 (5) Subsection (1) does not apply to disclosure of a contributor[, as defined in Section
193841-1a-422,] to a sponsoring organization [described in Subsection 41-1a-422(3).], as those
1939terms are defined in Section 41-1a-1601.
1940 Section 38. Section 63I-1-241 is amended to read:
1941 63I-1-241. Repeal dates: Title 41.
1942 (1) Subsection [41-1a-1201(9),] 41-1a-1201(8), related to the Spinal Cord and Brain
1943Injury Rehabilitation Fund, is repealed January 1, 2025.
1944 (2) Section 41-3-106, which creates an advisory board related to motor vehicle
1945business regulation, is repealed July 1, 2024.
1946 (3) The following subsections addressing lane filtering are repealed on July 1, 2027:
1947 (a) Subsection 41-6a-102(31) that defines "lane filtering";
1948 (b) Subsection 41-6a-704(5); and
1949 (c) Subsection 41-6a-710(1)(c). H.B. 26 12-20-22 2:12 PM
- 64 -
1950 (4) Subsection 41-6a-1406(6)(c)(iii), related to the Spinal Cord and Brain Injury
1951Rehabilitation Fund, is repealed January 1, 2025.
1952 (5) Subsections 41-22-2(1) and 41-22-10(1)(a), which authorize an advisory council
1953that includes in the advisory council's duties addressing off-highway vehicle issues, are
1954repealed July 1, 2027.
1955 (6) Subsection 41-22-8(3), related to the Spinal Cord and Brain Injury Rehabilitation
1956Fund, is repealed January 1, 2025.
1957 Section 39. Section 63I-1-263 is amended to read:
1958 63I-1-263. Repeal dates: Titles 63A to 63N.
1959 (1) Subsection 63A-5b-405(5), relating to prioritizing and allocating capital
1960improvement funding, is repealed July 1, 2024.
1961 (2) Section 63A-5b-1003, State Facility Energy Efficiency Fund, is repealed July 1,
19622023.
1963 (3) Sections 63A-9-301 and 63A-9-302, related to the Motor Vehicle Review
1964Committee, are repealed July 1, 2023.
1965 (4) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
1966 (a) Section 63A-18-102 is repealed;
1967 (b) Section 63A-18-201 is repealed; and
1968 (c) Section 63A-18-202 is repealed.
1969 (5) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
19701, 2028.
1971 (6) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
19722025.
1973 (7) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
19742024.
1975 (8) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
1976repealed July 1, 2023.
1977 (9) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
1978July 1, 2023.
1979 (10) Title 63C, Chapter 23, Education and Mental Health Coordinating Council, is
1980repealed July 1, 2026. 12-20-22 2:12 PM H.B. 26
- 65 -
1981 (11) Title 63C, Chapter 27, Cybersecurity Commission, is repealed July 1, 2032.
1982 (12) Title 63C, Chapter 28, Ethnic Studies Commission, is repealed July 1, 2026.
1983 (13) Section 63G-6a-805, which creates the Purchasing from Persons with Disabilities
1984Advisory Board, is repealed July 1, 2026.
1985 (14) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
19862028.
1987 (15) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
19882024.
1989 (16) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
1990 [(17) Subsection 63J-1-602.1(17), relating to the Nurse Home Visiting Restricted
1991Account, is repealed July 1, 2026.]
1992 [(18)] (17) Subsection 63J-1-602.2(6), referring to dedicated credits to the Utah
1993Marriage Commission, is repealed July 1, 2023.
1994 [(19)] (18) Subsection 63J-1-602.2(7), referring to the Trip Reduction Program, is
1995repealed July 1, 2022.
1996 [(20)] (19) Subsection 63J-1-602.2(26), related to the Utah Seismic Safety
1997Commission, is repealed January 1, 2025.
1998 [(21)] (20) Title 63L, Chapter 11, Part 4, Resource Development Coordinating
1999Committee, is repealed July 1, 2027.
2000 [(22)] (21) In relation to the Utah Substance Use and Mental Health Advisory Council,
2001on January 1, 2033:
2002 (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
2003repealed;
2004 (b) Section 63M-7-305, the language that states "council" is replaced with
2005"commission";
2006 (c) Subsection 63M-7-305(1)(a) is repealed and replaced with:
2007 "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
2008 (d) Subsection 63M-7-305(2) is repealed and replaced with:
2009 "(2) The commission shall:
2010 (a) provide ongoing oversight of the implementation, functions, and evaluation of the
2011Drug-Related Offenses Reform Act; and H.B. 26 12-20-22 2:12 PM
- 66 -
2012 (b) coordinate the implementation of Section 77-18-104 and related provisions in
2013Subsections 77-18-103(2)(c) and (d).".
2014 [(23)] (22) The Crime Victim Reparations and Assistance Board, created in Section
201563M-7-504, is repealed July 1, 2027.
2016 [(24)] (23) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1,
20172026.
2018 [(25)] (24) Title 63N, Chapter 1b, Part 4, Women in the Economy Subcommittee, is
2019repealed January 1, 2025.
2020 [(26)] (25) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
2021 [(27)] (26) Section 63N-2-512, related to the Hotel Impact Mitigation Fund, is repealed
2022July 1, 2028.
2023 [(28)] (27) Title 63N, Chapter 3, Part 9, Strategic Innovation Grant Pilot Program, is
2024repealed July 1, 2027.
2025 [(29)] (28) Title 63N, Chapter 3, Part 11, Manufacturing Modernization Grant
2026Program, is repealed July 1, 2025.
2027 [(30)] (29) In relation to the Rural Employment Expansion Program, on July 1, 2023:
2028 (a) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed;
2029and
2030 (b) Subsection 63N-4-805(5)(b), referring to the Rural Employment Expansion
2031Program, is repealed.
2032 [(31)] (30) In relation to the Board of Tourism Development, on July 1, 2025:
2033 (a) Subsection 63N-2-511(1)(b), which defines "tourism board," is repealed;
2034 (b) Subsections 63N-2-511(3)(a) and (5), the language that states "tourism board" is
2035repealed and replaced with "Utah Office of Tourism";
2036 (c) Subsection 63N-7-101(1), which defines "board," is repealed;
2037 (d) Subsection 63N-7-102(3)(c), which requires the Utah Office of Tourism to receive
2038approval from the Board of Tourism Development, is repealed; and
2039 (e) Title 63N, Chapter 7, Part 2, Board of Tourism Development, is repealed.
2040 [(32)] (31) Subsection 63N-8-103(3)(c), which allows the Governor's Office of
2041Economic Opportunity to issue an amount of tax credit certificates only for rural productions,
2042is repealed on July 1, 2024. 12-20-22 2:12 PM H.B. 26
- 67 -
2043 Section 40. Section 63I-2-204 is amended to read:
2044 63I-2-204. Repeal dates: Title 4.
2045 (1) Title 4, Chapter 2, Part 6, Local Food Advisory Council, is repealed November 30,
20462027.
2047 (2) Title 4, Chapter 42, Utah Intracurricular Student Organization Support for
2048Agricultural Education and Leadership, is repealed on July 1, 2024.
2049 [(2)] (3) Section 4-46-104, Transition, is repealed July 1, 2024.
2050 Section 41. Section 63I-2-209 is amended to read:
2051 63I-2-209. Repeal dates: Title 9.
2052 (1) Section 9-9-112, Bears Ears Visitor Center Advisory Committee, is repealed
2053December 31, 2024.
2054 (2) Title 9, Chapter 6, Part 9, COVID-19 Cultural Assistance Grant Program, is
2055repealed June 30, 2021.
2056 (3) Title 9, Chapter 17, Humanitarian Service and Educational and Cultural Exchange
2057Restricted Account Act, is repealed on July 1, 2024.
2058 (4) Title 9, Chapter 18, Martin Luther King, Jr. Civil Rights Support Restricted
2059Account Act, is repealed on July 1, 2024.
2060 (5) Title 9, Chapter 19, National Professional Men's Soccer Team Support of Building
2061Communities Restricted Account Act, is repealed on July 1, 2024.
2062 Section 42. Section 63I-2-213 is amended to read:
2063 63I-2-213. Repeal dates: Title 13.
2064 (1) Section 13-1-16 is repealed on July 1, 2024.
2065 (2) Title 13, Chapter 47, Private Employer Verification Act, is repealed on the program
2066start date, as defined in Section 63G-12-102.
2067 Section 43. Section 63I-2-219 is amended to read:
2068 63I-2-219. Repeal dates: Title 19.
2069 (1) Section 19-1-109 is repealed on July 1, 2024.
2070 [(1)] (2) Subsections 19-2-109.2(2) through (10), related to the Compliance Advisory
2071Panel, are repealed July 1, 2023.
2072 [(2)] (3) Section 19-2a-102.5, addressing a study and recommendations for a diesel
2073emission reduction program, is repealed July 1, 2024. H.B. 26 12-20-22 2:12 PM
- 68 -
2074 Section 44. Section 63I-2-223 is amended to read:
2075 63I-2-223. Repeal dates: Title 23.
2076 Section 23-14-13.5 is repealed on July 1, 2024.
2077 Section 45. Section 63I-2-226 is amended to read:
2078 63I-2-226. Repeal dates: Title 26 through 26B.
2079 (1) Subsection 26-2-12.6(3), relating to the report for birth certificate fees, is repealed
2080December 31, 2022.
2081 (2) Subsection 26-7-8(3) is repealed January 1, 2027.
2082 (3) Section 26-8a-107 is repealed July 1, 2024.
2083 (4) Subsection 26-8a-203(3)(a)(i) is repealed January 1, 2023.
2084 (5) Section 26-8a-211 is repealed July 1, 2023.
2085 (6) In relation to the Air Ambulance Committee, on July 1, 2024, Subsection
208626-8a-602(1)(a) is amended to read:
2087 "(a) provide the patient or the patient's representative with the following information
2088before contacting an air medical transport provider:
2089 (i) which health insurers in the state the air medical transport provider contracts with;
2090 (ii) if sufficient data is available, the average charge for air medical transport services
2091for a patient who is uninsured or out of network; and
2092 (iii) whether the air medical transport provider balance bills a patient for any charge
2093not paid by the patient's health insurer; and".
2094 (7) Subsection 26-18-2.4(3)(e) is repealed January 1, 2023.
2095 (8) Subsection 26-18-411(8), related to reporting on the health coverage improvement
2096program, is repealed January 1, 2023.
2097 (9) Subsection 26-18-420(5), related to reporting on coverage for in vitro fertilization
2098and genetic testing, is repealed July 1, 2030.
2099 (10) In relation to the Air Ambulance Committee, July 1, 2024, Subsection
210026-21-32(1)(a) is amended to read:
2101 "(a) provide the patient or the patient's representative with the following information
2102before contacting an air medical transport provider:
2103 (i) which health insurers in the state the air medical transport provider contracts with;
2104 (ii) if sufficient data is available, the average charge for air medical transport services 12-20-22 2:12 PM H.B. 26
- 69 -
2105for a patient who is uninsured or out of network; and
2106 (iii) whether the air medical transport provider balance bills a patient for any charge
2107not paid by the patient's health insurer; and".
2108 (11) Section 26-21a-302 is repealed on July 1, 2024.
2109 (12) Section 26-21a-304 is repealed on July 1, 2024.
2110 [(11)] (13) Subsection 26-33a-106.1(2)(a) is repealed January 1, 2023.
2111 [(12)] (14) Title 26, Chapter 46, Utah Health Care Workforce Financial Assistance
2112Program, is repealed July 1, 2027.
2113 (15) Section 26-58-102 is repealed on July 1, 2024.
2114 [(13)] (16) Subsection 26-61-202(4)(b) is repealed January 1, 2022.
2115 [(14)] (17) Subsection 26-61-202(5) is repealed January 1, 2022.
2116 [(15)] (18) Subsection 26B-1-204(2)(f), relating to the Air Ambulance Committee, is
2117repealed July 1, 2024.
2118 (19) Section 26B-1-302 is repealed on July 1, 2024.
2119 Section 46. Section 63I-2-253 is amended to read:
2120 63I-2-253. Repeal dates: Titles 53 through 53G.
2121 (1) Section 53-1-118 is repealed on July 1, 2024.
2122 (2) Section 53-1-120 is repealed on July 1, 2024.
2123 (3) Section 53-7-109 is repealed on July 1, 2024.
2124 [(1)] (4) (a) Subsection 53B-2a-108(5), regarding exceptions to the composition of a
2125technical college board of trustees, is repealed July 1, 2022.
2126 (b) When repealing Subsection 53B-2a-108(5), the Office of Legislative Research and
2127General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
2128necessary changes to subsection numbering and cross references.
2129 [(2)] (5) Section 53B-6-105.7 is repealed July 1, 2024.
2130 [(3)] (6) Section 53B-7-707 regarding performance metrics for technical colleges is
2131repealed July 1, 2023.
2132 [(4)] (7) Section 53B-8-114 is repealed July 1, 2024.
2133 [(5)] (8) The following provisions, regarding the Regents' scholarship program, are
2134repealed on July 1, 2023:
2135 (a) in Subsection 53B-8-105(12), the language that states, "or any scholarship H.B. 26 12-20-22 2:12 PM
- 70 -
2136established under Sections 53B-8-202 through 53B-8-205";
2137 (b) Section 53B-8-202;
2138 (c) Section 53B-8-203;
2139 (d) Section 53B-8-204; and
2140 (e) Section 53B-8-205.
2141 [(6)] (9) Section 53B-10-101 is repealed on July 1, 2027.
2142 [(7)] (10) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project, is
2143repealed July 1, 2023.
2144 [(8)] (11) Subsection 53E-1-201(1)(s) regarding the report by the Educational
2145Interpretation and Translation Services Procurement Advisory Council is repealed July 1, 2024.
2146 [(9)] (12) Section 53E-1-202.2, regarding a Public Education Appropriations
2147Subcommittee evaluation and recommendations, is repealed January 1, 2024.
2148 [(10)] (13) Subsection 53E-10-309(7), related to the PRIME pilot program, is repealed
2149July 1, 2024.
2150 [(11)] (14) In Subsections 53F-2-205(4) and (5), regarding the State Board of
2151Education's duties if contributions from the minimum basic tax rate are overestimated or
2152underestimated, the language that states "or 53F-2-301.5, as applicable" is repealed July 1,
21532023.
2154 [(12)] (15) Section 53F-2-209, regarding local education agency budgetary flexibility,
2155is repealed July 1, 2024.
2156 [(13)] (16) Subsection 53F-2-301(1), relating to the years the section is not in effect, is
2157repealed July 1, 2023.
2158 [(14)] (17) Section 53F-2-302.1, regarding the Enrollment Growth Contingency
2159Program, is repealed July 1, 2023.
2160 [(15)] (18) Subsection 53F-2-314(4), relating to a one-time expenditure between the
2161at-risk WPU add-on funding and previous at-risk funding, is repealed January 1, 2024.
2162 [(16)] (19) Section 53F-2-524, regarding teacher bonuses for extra work assignments,
2163is repealed July 1, 2024.
2164 [(17)] (20) In Subsection 53F-2-515(1), the language that states "or 53F-2-301.5, as
2165applicable" is repealed July 1, 2023.
2166 [(18)] (21) Subsection 53F-4-401(3)(b), regarding a child enrolled or eligible for 12-20-22 2:12 PM H.B. 26
- 71 -
2167enrollment in kindergarten, is repealed July 1, 2022.
2168 [(19)] (22) In Subsection 53F-4-404(4)(c), the language that states "Except as provided
2169in Subsection (4)(d)" is repealed July 1, 2022.
2170 [(20)] (23) Subsection 53F-4-404(4)(d) is repealed July 1, 2022.
2171 [(21)] (24) In Subsection 53F-9-302(3), the language that states "or 53F-2-301.5, as
2172applicable" is repealed July 1, 2023.
2173 [(22)] (25) In Subsection 53F-9-305(3)(a), the language that states "or 53F-2-301.5, as
2174applicable" is repealed July 1, 2023.
2175 [(23)] (26) In Subsection 53F-9-306(3)(a), the language that states "or 53F-2-301.5, as
2176applicable" is repealed July 1, 2023.
2177 [(24)] (27) In Subsection 53G-3-304(1)(c)(i), the language that states "or 53F-2-301.5,
2178as applicable" is repealed July 1, 2023.
2179 (28) Section 53F-9-401 is repealed on July 1, 2024.
2180 (29) Section 53F-9-403 is repealed on July 1, 2024.
2181 [(25)] (30) On July 1, 2023, when making changes in this section, the Office of
2182Legislative Research and General Counsel shall, in addition to the office's authority under
2183Subsection 36-12-12(3), make corrections necessary to ensure that sections and subsections
2184identified in this section are complete sentences and accurately reflect the office's perception of
2185the Legislature's intent.
2186 Section 47. Section 63I-2-261 is amended to read:
2187 63I-2-261. Repeal dates: Title 61.
2188 Section 61-2-204 is repealed on July 1, 2024.
2189 Section 48. Section 63I-2-272 is amended to read:
2190 63I-2-272. Repeal dates: Title 72.
2191 (1) Subsections 72-1-213.1(13)(a) and (b), related to the road usage charge rate and
2192road usage charge cap, are repealed January 1, 2033.
2193 (2) Section 72-1-216.1 is repealed January 1, 2023.
2194 (3) Section 72-2-127 is repealed on July 1, 2024.
2195 (4) Section 72-2-130 is repealed on July 1, 2024.
2196 [(3)] (5) Section 72-4-105.1 is repealed on January 1, 2024.
2197 Section 49. Section 63I-2-278 is amended to read: H.B. 26 12-20-22 2:12 PM
- 72 -
2198 63I-2-278. Repeal dates: Title 78A and Title 78B.
2199 (1) Section 78A-2-804 is repealed on July 1, 2024.
2200 [(1)] (2) If Title 78B, Chapter 6, Part 22, Cause of Action to Protect Minors from
2201Unfiltered Devices, is not in effect before January 1, 2031, Title 78B, Chapter 6, Part 22, Cause
2202of Action to Protect Minors from Unfiltered Devices, is repealed January 1, 2031.
2203 [(2)] (3) Sections 78B-12-301 and 78B-12-302 are repealed on January 1, 2025.
2204 Section 50. Section 63I-2-279 is amended to read:
2205 63I-2-279. Repeal dates: Title 79.
2206 (1) Section 79-2-206, Transition, is repealed July 1, 2024.
2207 (2) Title 79, Chapter 6, Part 8, Voluntary Home Energy Information Pilot Program Act,
2208is repealed January 1, 2022.
2209 (3) Section 79-7-303 is repealed on July 1, 2024.
2210 Section 51. Section 63I-2-280 is enacted to read:
2211 63I-2-280. Repeal dates: Title 80.
2212 Section 80-2-502 is repealed on July 1, 2024.
2213 Section 52. Section 63J-1-602.1 is amended to read:
2214 63J-1-602.1. List of nonlapsing appropriations from accounts and funds.
2215 Appropriations made from the following accounts or funds are nonlapsing:
2216 [(1) The Utah Intracurricular Student Organization Support for Agricultural Education
2217and Leadership Restricted Account created in Section 4-42-102.]
2218 [(2)] (1) The Native American Repatriation Restricted Account created in Section
22199-9-407.
2220 [(3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
2221Section 9-18-102.]
2222 [(4) The National Professional Men's Soccer Team Support of Building Communities
2223Restricted Account created in Section 9-19-102.]
2224 [(5)] (2) Funds collected for directing and administering the C-PACE district created in
2225Section 11-42a-106.
2226 [(6)] (3) Money received by the Utah Inland Port Authority, as provided in Section
222711-58-105.
2228 [(7) The "Latino Community Support Restricted Account" created in Section 13-1-16.] 12-20-22 2:12 PM H.B. 26
- 73 -
2229 [(8) The Clean Air Support Restricted Account created in Section 19-1-109.]
2230 [(9)] (4) The Division of Air Quality Oil, Gas, and Mining Restricted Account created
2231in Section 19-2a-106.
2232 [(10)] (5) The Division of Water Quality Oil, Gas, and Mining Restricted Account
2233created in Section 19-5-126.
2234 [(11) The "Support for State-Owned Shooting Ranges Restricted Account" created in
2235Section 23-14-13.5.]
2236 [(12)] (6) Award money under the State Asset Forfeiture Grant Program, as provided
2237under Section 24-4-117.
2238 [(13)] (7) Funds collected from the program fund for local health department expenses
2239incurred in responding to a local health emergency under Section 26-1-38.
2240 [(14) The Children with Cancer Support Restricted Account created in Section
224126-21a-304.]
2242 [(15)] (8) State funds for matching federal funds in the Children's Health Insurance
2243Program as provided in Section 26-40-108.
2244 [(16) The Children with Heart Disease Support Restricted Account created in Section
224526-58-102.]
2246 [(17)] (9) The Technology Development Restricted Account created in Section
224731A-3-104.
2248 [(18)] (10) The Criminal Background Check Restricted Account created in Section
224931A-3-105.
2250 [(19)] (11) The Captive Insurance Restricted Account created in Section 31A-3-304,
2251except to the extent that Section 31A-3-304 makes the money received under that section free
2252revenue.
2253 [(20)] (12) The Title Licensee Enforcement Restricted Account created in Section
225431A-23a-415.
2255 [(21)] (13) The Health Insurance Actuarial Review Restricted Account created in
2256Section 31A-30-115.
2257 [(22)] (14) The Insurance Fraud Investigation Restricted Account created in Section
225831A-31-108.
2259 [(23)] (15) The Underage Drinking Prevention Media and Education Campaign H.B. 26 12-20-22 2:12 PM
- 74 -
2260Restricted Account created in Section 32B-2-306.
2261 [(24)] (16) The Drinking While Pregnant Prevention Media and Education Campaign
2262Restricted Account created in Section 32B-2-308.
2263 [(25)] (17) The School Readiness Restricted Account created in Section 35A-15-203.
2264 [(26)] (18) Money received by the Utah State Office of Rehabilitation for the sale of
2265certain products or services, as provided in Section 35A-13-202.
2266 [(27)] (19) The Oil and Gas Administrative Penalties Account created in Section
226740-6-11.
2268 [(28)] (20) The Oil and Gas Conservation Account created in Section 40-6-14.5.
2269 [(29)] (21) The Division of Oil, Gas, and Mining Restricted account created in Section
227040-6-23.
2271 [(30)] (22) The Electronic Payment Fee Restricted Account created by Section
227241-1a-121 to the Motor Vehicle Division.
2273 (23) The License Plate Restricted Account created by Section 41-1a-122 to the Motor
2274Vehicle Division.
2275 [(31)] (24) The Motor Vehicle Enforcement Division Temporary Permit Restricted
2276Account created by Section 41-3-110 to the State Tax Commission.
2277 [(32) The Utah Law Enforcement Memorial Support Restricted Account created in
2278Section 53-1-120.]
2279 [(33)] (25) The State Disaster Recovery Restricted Account to the Division of
2280Emergency Management, as provided in Section 53-2a-603.
2281 [(34)] (26) The Post Disaster Recovery and Mitigation Restricted Account created in
2282Section 53-2a-1302.
2283 [(35)] (27) The Department of Public Safety Restricted Account to the Department of
2284Public Safety, as provided in Section 53-3-106.
2285 [(36)] (28) The Utah Highway Patrol Aero Bureau Restricted Account created in
2286Section 53-8-303.
2287 [(37)] (29) The DNA Specimen Restricted Account created in Section 53-10-407.
2288 [(38)] (30) The Canine Body Armor Restricted Account created in Section 53-16-201.
2289 [(39)] (31) The Technical Colleges Capital Projects Fund created in Section
229053B-2a-118. 12-20-22 2:12 PM H.B. 26
- 75 -
2291 [(40)] (32) The Higher Education Capital Projects Fund created in Section
229253B-22-202.
2293 [(41)] (33) A certain portion of money collected for administrative costs under the
2294School Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
2295 [(42)] (34) The Public Utility Regulatory Restricted Account created in Section
229654-5-1.5, subject to Subsection 54-5-1.5(4)(d).
2297 [(43)] (35) Funds collected from a surcharge fee to provide certain licensees with
2298access to an electronic reference library, as provided in Section 58-3a-105.
2299 [(44)] (36) Certain fines collected by the Division of Professional Licensing for
2300violation of unlawful or unprofessional conduct that are used for education and enforcement
2301purposes, as provided in Section 58-17b-505.
2302 [(45)] (37) Funds collected from a surcharge fee to provide certain licensees with
2303access to an electronic reference library, as provided in Section 58-22-104.
2304 [(46)] (38) Funds collected from a surcharge fee to provide certain licensees with
2305access to an electronic reference library, as provided in Section 58-55-106.
2306 [(47)] (39) Funds collected from a surcharge fee to provide certain licensees with
2307access to an electronic reference library, as provided in Section 58-56-3.5.
2308 [(48)] (40) Certain fines collected by the Division of Professional Licensing for use in
2309education and enforcement of the Security Personnel Licensing Act, as provided in Section
231058-63-103.
2311 [(49)] (41) The Relative Value Study Restricted Account created in Section 59-9-105.
2312 [(50)] (42) The Cigarette Tax Restricted Account created in Section 59-14-204.
2313 [(51)] (43) Funds paid to the Division of Real Estate for the cost of a criminal
2314background check for a mortgage loan license, as provided in Section 61-2c-202.
2315 [(52)] (44) Funds paid to the Division of Real Estate for the cost of a criminal
2316background check for principal broker, associate broker, and sales agent licenses, as provided
2317in Section 61-2f-204.
2318 [(53)] (45) Certain funds donated to the Department of Health and Human Services, as
2319provided in Section 26B-1-202.
2320 [(54) The National Professional Men's Basketball Team Support of Women and
2321Children Issues Restricted Account created in Section 26B-1-302.] H.B. 26 12-20-22 2:12 PM
- 76 -
2322 [(55)] (46) Certain funds donated to the Division of Child and Family Services, as
2323provided in Section 80-2-404.
2324 [(56) The Choose Life Adoption Support Restricted Account created in Section
232580-2-502.]
2326 [(57)] (47) Funds collected by the Office of Administrative Rules for publishing, as
2327provided in Section 63G-3-402.
2328 [(58)] (48) The Immigration Act Restricted Account created in Section 63G-12-103.
2329 [(59)] (49) Money received by the military installation development authority, as
2330provided in Section 63H-1-504.
2331 [(60)] (50) The Computer Aided Dispatch Restricted Account created in Section
233263H-7a-303.
2333 [(61)] (51) The Unified Statewide 911 Emergency Service Account created in Section
233463H-7a-304.
2335 [(62)] (52) The Utah Statewide Radio System Restricted Account created in Section
233663H-7a-403.
2337 [(63)] (53) The Utah Capital Investment Restricted Account created in Section
233863N-6-204.
2339 [(64)] (54) The Motion Picture Incentive Account created in Section 63N-8-103.
2340 [(65)] (55) Certain money payable for expenses of the Pete Suazo Utah Athletic
2341Commission, as provided under Section 63N-10-301.
2342 [(66)] (56) Funds collected by the housing of state probationary inmates or state parole
2343inmates, as provided in Subsection 64-13e-104(2).
2344 [(67)] (57) Certain forestry and fire control funds utilized by the Division of Forestry,
2345Fire, and State Lands, as provided in Section 65A-8-103.
2346 [(68)] (58) The Amusement Ride Safety Restricted Account, as provided in Section
234772-16-204.
2348 [(69)] (59) Certain funds received by the Office of the State Engineer for well drilling
2349fines or bonds, as provided in Section 73-3-25.
2350 [(70)] (60) The Water Resources Conservation and Development Fund, as provided in
2351Section 73-23-2.
2352 [(71)] (61) Funds donated or paid to a juvenile court by private sources, as provided in 12-20-22 2:12 PM H.B. 26
- 77 -
2353Subsection 78A-6-203(1)(c).
2354 [(72)] (62) Fees for certificate of admission created under Section 78A-9-102.
2355 [(73)] (63) Funds collected for adoption document access as provided in Sections
235678B-6-141, 78B-6-144, and 78B-6-144.5.
2357 [(74)] (64) Funds collected for indigent defense as provided in Title 78B, Chapter 22,
2358Part 4, Utah Indigent Defense Commission.
2359 [(75)] (65) The Utah Geological Survey Oil, Gas, and Mining Restricted Account
2360created in Section 79-3-403.
2361 [(76)] (66) Revenue for golf user fees at the Wasatch Mountain State Park, Palisades
2362State Park, and Green River State Park, as provided under Section 79-4-403.
2363 [(77) Funds donated as described in Section 41-1a-422 for the State Park Fees
2364Restricted Account created in Section 79-4-402 for support of the Division of State Parks' dark
2365sky initiative.]
2366 [(78)] (67) Certain funds received by the Division of State Parks from the sale or
2367disposal of buffalo, as provided under Section 79-4-1001.
2368 Section 53. Section 63J-1-602.2 is amended to read:
2369 63J-1-602.2. List of nonlapsing appropriations to programs.
2370 Appropriations made to the following programs are nonlapsing:
2371 (1) The Legislature and the Legislature's committees.
2372 (2) The State Board of Education, including all appropriations to agencies, line items,
2373and programs under the jurisdiction of the State Board of Education, in accordance with
2374Section 53F-9-103.
2375 (3) The Percent-for-Art Program created in Section 9-6-404.
2376 (4) The LeRay McAllister Critical Land Conservation Program created in Section
23774-46-301.
2378 (5) The Utah Lake Authority created in Section 11-65-201.
2379 (6) Dedicated credits accrued to the Utah Marriage Commission as provided under
2380Subsection 17-16-21(2)(d)(ii).
2381 (7) The Division of Wildlife Resources for the appraisal and purchase of lands under
2382the Pelican Management Act, as provided in Section 23-21a-6.
2383 (8) The Emergency Medical Services Grant Program in Section 26-8a-207. H.B. 26 12-20-22 2:12 PM
- 78 -
2384 (9) The primary care grant program created in Section 26-10b-102.
2385 (10) Sanctions collected as dedicated credits from Medicaid providers under
2386Subsection 26-18-3(7).
2387 (11) The Utah Health Care Workforce Financial Assistance Program created in Section
238826-46-102.
2389 (12) The Rural Physician Loan Repayment Program created in Section 26-46a-103.
2390 (13) The Opiate Overdose Outreach Pilot Program created in Section 26-55-107.
2391 (14) The Utah Medical Education Council for the:
2392 (a) administration of the Utah Medical Education Program created in Section
239326-69-403;
2394 (b) provision of medical residency grants described in Section 26-69-407; and
2395 (c) provision of the forensic psychiatric fellowship grant described in Section
239626-69-408.
2397 (15) Funds that the Department of Alcoholic Beverage Services retains in accordance
2398with Subsection 32B-2-301(8)(a) or (b).
2399 (16) The General Assistance program administered by the Department of Workforce
2400Services, as provided in Section 35A-3-401.
2401 (17) The Utah National Guard, created in [Title 39, Militia and Armories] Title 39A,
2402National Guard and Militia Act.
2403 [(18) The State Tax Commission under Section 41-1a-1201 for the:]
2404 [(a) purchase and distribution of license plates and decals; and]
2405 [(b) administration and enforcement of motor vehicle registration requirements.]
2406 [(19)] (18) The Search and Rescue Financial Assistance Program, as provided in
2407Section 53-2a-1102.
2408 [(20)] (19) The Motorcycle Rider Education Program, as provided in Section 53-3-905.
2409 [(21)] (20) The Utah Board of Higher Education for teacher preparation programs, as
2410provided in Section 53B-6-104.
2411 [(22)] (21) Innovation grants under Section 53G-10-608, except as provided in
2412Subsection 53G-10-608(6).
2413 [(23)] (22) The Division of Services for People with Disabilities, as provided in
2414Section 62A-5-102. 12-20-22 2:12 PM H.B. 26
- 79 -
2415 [(24)] (23) The Division of Fleet Operations for the purpose of upgrading underground
2416storage tanks under Section 63A-9-401.
2417 [(25)] (24) The Utah Seismic Safety Commission, as provided in Section 63C-6-104.
2418 [(26)] (25) The Division of Technology Services for technology innovation as provided
2419under Section 63A-16-903.
2420 [(27)] (26) The Office of Administrative Rules for publishing, as provided in Section
242163G-3-402.
2422 [(28)] (27) The Colorado River Authority of Utah, created in Title 63M, Chapter 14,
2423Colorado River Authority of Utah Act.
2424 [(29)] (28) The Governor's Office of Economic Opportunity to fund the Enterprise
2425Zone Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
2426 [(30)] (29) The Governor's Office of Economic Opportunity's Rural Employment
2427Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural Employment
2428Expansion Program.
2429 [(31)] (30) Programs for the Jordan River Recreation Area as described in Section
243065A-2-8.
2431 [(32)] (31) The Division of Human Resource Management user training program, as
2432provided in Section 63A-17-106.
2433 [(33)] (32) A public safety answering point's emergency telecommunications service
2434fund, as provided in Section 69-2-301.
2435 [(34)] (33) The Traffic Noise Abatement Program created in Section 72-6-112.
2436 [(35)] (34) The money appropriated from the Navajo Water Rights Negotiation
2437Account to the Division of Water Rights, created in Section 73-2-1.1, for purposes of
2438participating in a settlement of federal reserved water right claims.
2439 [(36)] (35) The Judicial Council for compensation for special prosecutors, as provided
2440in Section 77-10a-19.
2441 [(37)] (36) A state rehabilitative employment program, as provided in Section
244278A-6-210.
2443 [(38)] (37) The Utah Geological Survey, as provided in Section 79-3-401.
2444 [(39)] (38) The Bonneville Shoreline Trail Program created under Section 79-5-503.
2445 [(40)] (39) Adoption document access as provided in Sections 78B-6-141, 78B-6-144, H.B. 26 12-20-22 2:12 PM
- 80 -
2446and 78B-6-144.5.
2447 [(41)] (40) Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent
2448Defense Commission.
2449 [(42)] (41) The program established by the Division of Facilities Construction and
2450Management under Section 63A-5b-703 under which state agencies receive an appropriation
2451and pay lease payments for the use and occupancy of buildings owned by the Division of
2452Facilities Construction and Management.
2453 [(43)] (42) The State Tax Commission for reimbursing counties for deferred property
2454taxes in accordance with Section 59-2-1802.
2455 Section 54. Section 71-8-2 is amended to read:
2456 71-8-2. Department of Veterans and Military Affairs created -- Appointment of
2457executive director -- Department responsibilities.
2458 (1) There is created the Department of Veterans and Military Affairs.
2459 (2) The governor shall appoint an executive director for the department, after
2460consultation with the Veterans Advisory Council, who is subject to Senate confirmation.
2461 (a) The executive director shall be an individual who:
2462 (i) has served on active duty in the armed forces for more than 180 consecutive days;
2463 (ii) was a member of a reserve component who served in a campaign or expedition for
2464which a campaign medal has been authorized; or
2465 (iii) incurred an actual service-related injury or disability in the line of duty, whether or
2466not that person completed 180 consecutive days of active duty; and
2467 (iv) was separated or retired under honorable conditions.
2468 (b) Any veteran or veterans group may submit names to the council for consideration.
2469 (3) The department shall:
2470 (a) conduct and supervise all veteran activities as provided in this title;
2471 [(b) determine which campaign or combat theater awards are eligible for a special
2472group license plate in accordance with Section 41-1a-418;]
2473 [(c) verify that an applicant for a campaign or combat theater award special group
2474license plate is qualified to receive it;]
2475 [(d) provide an applicant that qualifies a form indicating the campaign or combat
2476theater award special group license plate for which the applicant qualifies;] 12-20-22 2:12 PM H.B. 26
- 81 -
2477 [(e)] (b) adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative
2478Rulemaking Act, to carry out the provisions of this title; and
2479 [(f)] (c) ensure that any training or certification required of a public official or public
2480employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
248122, State Training and Certification Requirements, if the training or certification is required:
2482 (i) under this title;
2483 (ii) by the department; or
2484 (iii) by an agency or division within the department.
2485 (4) (a) The department may award grants for the purpose of supporting veteran and
2486military outreach, employment, education, healthcare, homelessness prevention, and
2487recognition events.
2488 (b) The department may award a grant described in Subsection (4)(a) to:
2489 (i) an institution of higher education listed in Section 53B-1-102;
2490 (ii) a nonprofit organization involved in veterans or military-related activities; or
2491 (iii) a political subdivision of the state.
2492 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2493department shall make rules for the administration of grants, including establishing:
2494 (i) the form and process for submitting an application to the department;
2495 (ii) the method and criteria for selecting a grant recipient;
2496 (iii) the method and formula for determining a grant amount; and
2497 (iv) the reporting requirements of a grant recipient.
2498 (d) A grant may be awarded by the department only after consultation with the
2499Veterans Advisory Council.
2500 (5) Nothing in this chapter shall be construed as altering or preempting the provisions
2501of [Title 39, Militia and Armories] Title 39A, National Guard and Militia Act, as specifically
2502related to the Utah National Guard.
2503 Section 55. Section 71-8-4 is amended to read:
2504 71-8-4. Veterans Advisory Council -- Membership -- Duties and responsibilities --
2505Per diem and travel expenses.
2506 (1) There is created a Veterans Advisory Council whose purpose is to advise the
2507executive director of the Department of Veterans and Military Affairs on issues relating to H.B. 26 12-20-22 2:12 PM
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2508veterans.
2509 (2) The council shall consist of the following 14 members:
2510 (a) 11 voting members to serve four-year terms:
2511 (i) seven veterans at large appointed by the governor;
2512 (ii) the commander or the commander's designee, whose terms shall last for as long as
2513they hold that office, from each of the following organizations:
2514 (A) Veterans of Foreign Wars;
2515 (B) American Legion; and
2516 (C) Disabled American Veterans; and
2517 (iii) a representative from the Office of the Governor; and
2518 (b) three nonvoting members:
2519 (i) the executive director of the Department of Veterans and Military Affairs;
2520 (ii) the director of the VA Health Care System or his designee; and
2521 (iii) the director of the VA Benefits Administration Regional Office in Salt Lake City,
2522or his designee.
2523 (3) (a) Except as required by Subsection (3)(b), as terms of current council members
2524expire, the governor shall appoint each new or reappointed member to a four-year term
2525commencing on July 1.
2526 (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
2527time of appointment or reappointment, adjust the length of terms to ensure that the terms of
2528council members are staggered so that approximately half of the members appointed by the
2529governor are appointed every two years.
2530 (4) When a vacancy occurs in the membership for any reason, the governor shall
2531appoint a replacement for the unexpired term within 60 days of receiving notice.
2532 (5) Members appointed by the governor may not serve more than three consecutive
2533terms.
2534 (6) (a) Any veterans group or veteran may provide the executive director with a list of
2535recommendations for members on the council.
2536 (b) The executive director shall provide the governor with the list of recommendations
2537for members to be appointed to the council.
2538 (c) The governor shall make final appointments to the council by June 30 of any year in 12-20-22 2:12 PM H.B. 26
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2539which appointments are to be made under this chapter.
2540 (7) The council shall elect a chair and vice chair from among the council members
2541every two years. The chair and vice chair shall each be an individual who:
2542 (a) has served on active duty in the armed forces for more than 180 consecutive days;
2543 (b) was a member of a reserve component who served in a campaign or expedition for
2544which a campaign medal has been authorized; or
2545 (c) incurred an actual service-related injury or disability in the line of duty, whether or
2546not that person completed 180 consecutive days of active duty; and
2547 (d) was separated or retired under honorable conditions.
2548 (8) (a) The council shall meet at least once every quarter.
2549 (b) The executive director of the Department of Veterans and Military Affairs may
2550convene additional meetings, as necessary.
2551 (9) The department shall provide staff to the council.
2552 (10) Six voting members are a quorum for the transaction of business.
2553 (11) The council shall:
2554 (a) solicit input concerning veterans issues from veterans' groups throughout the state;
2555 (b) report issues received to the executive director of the Department of Veterans and
2556Military Affairs and make recommendations concerning them;
2557 (c) keep abreast of federal developments that affect veterans locally and advise the
2558executive director of them;
2559 (d) approve, by a majority vote, the use of money generated from veterans license
2560plates under Section[ 41-1a-422 ] 41-1a-1603 for veterans programs; and
2561 (e) assist the director in developing guidelines and qualifications for:
2562 (i) participation by donors and recipients in the Veterans Assistance Registry created in
2563Section 71-12-101; and
2564 (ii) developing a process for providing contact information between qualified donors
2565and recipients.
2566 (12) A member may not receive compensation or benefits for the member's service, but
2567may receive per diem and travel expenses in accordance with:
2568 (a) Section 63A-3-106;
2569 (b) Section 63A-3-107; and H.B. 26 12-20-22 2:12 PM
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2570 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
257163A-3-107.
2572 Section 56. Section 79-4-402 is amended to read:
2573 79-4-402. State Park Fees Restricted Account.
2574 (1) There is created within the General Fund a restricted account known as the State
2575Park Fees Restricted Account.
2576 (2) (a) Except as provided in Subsection (2)(b), the account shall consist of revenue
2577from:
2578 [(i) contributions deposited into the account in accordance with Section 41-1a-422;]
2579 [(ii)] (i) all charges allowed under Section 79-4-203;
2580 [(iii)] (ii) proceeds from the sale or disposal of buffalo under Subsection
258179-4-1001(2)(b); and
2582 [(iv)] (iii) civil damages collected under Section 76-6-206.2.
2583 (b) The account shall not include revenue the division receives under Section 79-4-403
2584and Subsection 79-4-1001(2)(a).
2585 (3) The division shall use funds in this account for the purposes described in Section
258679-4-203.
2587 Section 57. Section 79-7-203 is amended to read:
2588 79-7-203. Powers and duties of division.
2589 (1) As used in this section, "real property" includes land under water, upland, and all
2590other property commonly or legally defined as real property.
2591 (2) The Division of Wildlife Resources shall retain the power and jurisdiction
2592conferred upon the Division of Wildlife Resources by law on property controlled by the
2593division with reference to fish and game.
2594 (3) For purposes of property controlled by the division, the division shall permit
2595multiple uses of the property for purposes such as grazing, fishing, hunting, camping, mining,
2596and the development and use of water and other natural resources.
2597 (4) (a) The division may acquire real and personal property in the name of the state by
2598legal and proper means, including purchase, gift, devise, eminent domain, lease, exchange, or
2599otherwise, subject to the approval of the executive director and the governor.
2600 (b) In acquiring real or personal property, the credit of the state may not be pledged 12-20-22 2:12 PM H.B. 26
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2601without the consent of the Legislature.
2602 (5) (a) Before acquiring any real property, the division shall notify the county
2603legislative body of the county where the property is situated of the division's intention to
2604acquire the property.
2605 (b) If the county legislative body requests a hearing within 10 days of receipt of the
2606notice, the division shall hold a public hearing in the county concerning the matter.
2607 (6) Acceptance of gifts or devises of land or other property is at the discretion of the
2608division, subject to the approval of the executive director and the governor.
2609 (7) The division shall acquire property by eminent domain in the manner authorized by
2610Title 78B, Chapter 6, Part 5, Eminent Domain.
2611 (8) (a) The division may make charges for special services and use of facilities, the
2612income from which is available for recreation purposes.
2613 (b) The division may conduct and operate those services necessary for the comfort and
2614convenience of the public.
2615 (9) (a) The division may lease or rent concessions of lawful kinds and nature on
2616property to persons, partnerships, and corporations for a valuable consideration after notifying
2617the commission.
2618 (b) The division shall comply with Title 63G, Chapter 6a, Utah Procurement Code, in
2619selecting concessionaires.
2620 (10) The division shall proceed without delay to negotiate with the federal government
2621concerning the Weber Basin and other recreation and reclamation projects.
2622 (11) (a) The division shall coordinate with and annually report to the following
2623regarding land acquisition and development and grants administered under this chapter or
2624Chapter 8, Outdoor Recreation Grants:
2625 (i) the Division of State Parks; and
2626 (ii) the Office of Rural Development.
2627 (b) The report required under Subsection (11)(a) shall be in writing, made public, and
2628include a description and the amount of any grant awarded under this chapter or Chapter 8,
2629Outdoor Recreation Grants.
2630 (12) The division shall:
2631 (a) coordinate outdoor recreation policy, management, and promotion: H.B. 26 12-20-22 2:12 PM
- 86 -
2632 (i) among state and federal agencies and local government entities in the state;
2633 (ii) with the Public Lands Policy Coordinating Office created in Section 63L-11-201, if
2634public land is involved; and
2635 (iii) on at least a quarterly basis, with the executive director and the executive director
2636of the Governor's Office of Economic Opportunity;
2637 (b) in cooperation with the Governor's Office of Economic Opportunity, promote
2638economic development in the state by:
2639 (i) coordinating with outdoor recreation stakeholders;
2640 (ii) improving recreational opportunities; and
2641 (iii) recruiting outdoor recreation business;
2642 (c) promote all forms of outdoor recreation, including motorized and nonmotorized
2643outdoor recreation;
2644 (d) recommend to the governor and Legislature policies and initiatives to enhance
2645recreational amenities and experiences in the state and help implement those policies and
2646initiatives;
2647 (e) in performing the division's duties, seek to ensure safe and adequate access to
2648outdoor recreation for all user groups and for all forms of recreation;
2649 (f) develop data regarding the impacts of outdoor recreation in the state; and
2650 (g) promote the health and social benefits of outdoor recreation, especially to young
2651people.
2652 (13) By following Title 63J, Chapter 5, Federal Funds Procedures Act, the division
2653may:
2654 (a) seek federal grants or loans;
2655 (b) seek to participate in federal programs; and
2656 (c) in accordance with applicable federal program guidelines, administer federally
2657funded outdoor recreation programs.
2658 [(14) The division shall receive and distribute voluntary contributions collected under
2659Section 41-1a-422 in accordance with Section 79-7-303.]
2660 Section 58. Section 79-7-303 is amended to read:
2661 79-7-303. Zion National Park Support Programs Restricted Account.
2662 (1) There is created within the General Fund the "Zion National Park Support 12-20-22 2:12 PM H.B. 26
- 87 -
2663Programs Restricted Account."
2664 (2) The Zion National Park Support Programs Restricted Account shall be funded by:
2665 [(a) contributions deposited into the Zion National Park Support Programs Restricted
2666Account in accordance with Section 41-1a-422;]
2667 [(b)] (a) private contributions; or
2668 [(c)] (b) donations or grants from public or private entities.
2669 (3) The Legislature shall appropriate money in the Zion National Park Support
2670Programs Restricted Account to the division.
2671 (4) The division may expend up to 10% of the money appropriated under Subsection
2672(3) to administer account distributions in accordance with Subsections (5) and (6).
2673 (5) The division shall distribute contributions to one or more organizations that:
2674 (a) are exempt from federal income taxation under Section 501(c)(3), Internal Revenue
2675Code;
2676 (b) operate under a written agreement with the National Park Service to provide
2677interpretive, educational, and research activities for the benefit of Zion National Park;
2678 (c) produce and distribute educational and promotional materials on Zion National
2679Park;
2680 (d) conduct educational courses on the history and ecosystem of the greater Zion
2681Canyon area; and
2682 (e) provide other programs that enhance visitor appreciation and enjoyment of Zion
2683National Park.
2684 (6) (a) An organization described in Subsection (5) may apply to the division to receive
2685a distribution in accordance with Subsection (5).
2686 (b) An organization that receives a distribution from the division in accordance with
2687Subsection (5) shall expend the distribution only to:
2688 (i) produce and distribute educational and promotional materials on Zion National
2689Park;
2690 (ii) conduct educational courses on the history and ecosystem of the greater Zion
2691Canyon area; and
2692 (iii) provide other programs that enhance visitor appreciation and enjoyment of Zion
2693National Park. H.B. 26 12-20-22 2:12 PM
- 88 -
2694 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
2695after notifying the commission, the division may make rules providing procedures and
2696requirements for an organization to apply to the division to receive a distribution under
2697Subsection (5).
2698 Section 59. Repealer.
2699 This bill repeals:
2700 Section 41-1a-421, Honor special group license plates -- Personal identity
2701requirements.
2702 Section 41-1a-422, Support special group license plates -- Contributor -- Voluntary
2703contribution collection procedures.
2704 Section 60. Effective date.
2705 This bill takes effect on January 1, 2024, with the exceptions of Sections 41-1a-410 and
270641-1a-411 which take effect on May 3, 2023.