1st Sub. H.B. 26
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: K.P. Gasser 6
6 01-25-23 1:28 PM 6
H.B. 26
1st Sub. (Buff)
Representative Norman K Thurston proposes the following substitute bill:
1 LICENSE PLATE AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Norman K Thurston
5 Senate Sponsor: Jacob L. Anderegg
6
7LONG TITLE
8General Description:
9 This bill modifies provisions related to standard issue license plates, personalized
10license plates, and special group license plates.
11Highlighted Provisions:
12 This bill:
13 <defines terms;
14 <amends provisions regarding standard license plates;
15 <creates a two-year moratorium on the personalized license plate program;
16 <creates the sponsored special group license plate program and changes the process
17to establish a new special group license plate;
18 <establishes eligibility criteria for different categories of sponsored special group
19license plates;
20 <allows a county to exempt a motor vehicle from an emissions inspection under
21certain circumstances;
22 <creates a restricted account to administer existing fees related to license plates and
23vehicle registration;
24 <repeals certain restricted accounts and other provisions related to license plate
25issuance and administration; and
*HB0026S01* 1st Sub. (Buff) H.B. 26 01-25-23 1:28 PM
- 2 -
26 < makes technical and conforming changes.
27Money Appropriated in this Bill:
28 None
29Other Special Clauses:
30 This bill provides a special effective date.
31 This bill provides a coordination clause.
32Utah Code Sections Affected:
33AMENDS:
34 9-8-207, as last amended by Laws of Utah 2018, Chapter 260
35 26-18b-101, as last amended by Laws of Utah 2021, Chapter 378
36 26-54-102, as last amended by Laws of Utah 2019, Chapter 405
37 41-1a-102, as last amended by Laws of Utah 2022, Chapters 92, 180
38 41-1a-222, as last amended by Laws of Utah 2017, Chapter 24
39 41-1a-226, as last amended by Laws of Utah 2022, Chapter 259
40 41-1a-401, as last amended by Laws of Utah 2022, Chapter 259
41 41-1a-410, as last amended by Laws of Utah 1993, Chapter 222
42 41-1a-411, as last amended by Laws of Utah 2020, Chapter 259
43 41-1a-416, as last amended by Laws of Utah 2008, Chapter 382
44 41-1a-419, as last amended by Laws of Utah 2018, Chapter 260
45 41-1a-1201, as last amended by Laws of Utah 2022, Chapter 259
46 41-1a-1204, as last amended by Laws of Utah 2012, Chapter 397
47 41-1a-1206, as last amended by Laws of Utah 2022, Chapters 56, 259
48 41-1a-1211, as last amended by Laws of Utah 2015, Chapter 119
49 41-1a-1212, as last amended by Laws of Utah 2014, Chapters 61, 237 and 237
50 41-1a-1218, as last amended by Laws of Utah 2012, Chapter 397
51 41-1a-1222, as last amended by Laws of Utah 2021, Chapter 420
52 41-1a-1305, as last amended by Laws of Utah 2020, Chapter 74
53 41-6a-1642, as last amended by Laws of Utah 2022, Chapters 160, 259
54 53-8-214, as enacted by Laws of Utah 2017, Chapter 406
55 59-10-1319, as last amended by Laws of Utah 2020, Chapter 322
56 62A-15-1103, as last amended by Laws of Utah 2022, Chapters 19, 149 01-25-23 1:28 PM 1st Sub. (Buff) H.B. 26
- 3 -
57 63G-26-103, as enacted by Laws of Utah 2020, Chapter 393
58 63I-1-241, as last amended by Laws of Utah 2022, Chapters 68, 92, 104, and 110
59 63I-1-263, as last amended by Laws of Utah 2022, Chapters 23, 34, 68, 153, 218, 236,
60249, 274, 296, 313, 361, 362, 417, 419, and 472
61 63I-2-204, as last amended by Laws of Utah 2022, Chapters 67, 68
62 63I-2-209, as last amended by Laws of Utah 2021, Chapter 380
63 63I-2-213, as last amended by Laws of Utah 2022, Chapter 400
64 63I-2-219, as last amended by Laws of Utah 2022, Chapter 95
65 63I-2-223, as last amended by Laws of Utah 2012, Chapter 369
66 63I-2-226, as last amended by Laws of Utah 2022, Chapters 255, 365
67 63I-2-253, as last amended by Laws of Utah 2022, Chapters 208, 229, 274, 354, 370,
68and 409
69 63I-2-261, as last amended by Laws of Utah 2013, Chapter 278
70 63I-2-263, as last amended by Laws of Utah 2022, Chapters 63, 209, 240, 242, 264,
71354, and 435
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 1st Sub. (Buff) H.B. 26 01-25-23 1:28 PM
- 4 -
88 41-1a-1602, Utah Code Annotated 1953
89 41-1a-1603, Utah Code Annotated 1953
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
105Utah Code Sections Affected by Coordination Clause:
106 41-22-19, as last amended by Laws of Utah 2022, Chapters 68 and 143
107
108Be it enacted by the Legislature of the state of Utah:
109 Section 1. Section 9-8-207 is amended to read:
110 9-8-207. Historical society -- Donations -- Accounting.
111 (1) (a) There is created the Utah State Historical Society.
112 (b) The society may:
113 (i) solicit memberships from persons interested in the work of the society and charge
114dues for memberships commensurate with the advantages of membership and the needs of the
115society; and
116 (ii) receive gifts, donations, bequests, devises, and endowments of money or property,
117which shall then become the property of the state of Utah.
118 (2) [(a)] If the donor directs that money or property donated under Subsection (1)(b)(ii) 01-25-23 1:28 PM 1st Sub. (Buff) H.B. 26
- 5 -
119be used in a specified manner, then the division shall use it in accordance with these directions.
120Otherwise, all donated money and the proceeds from donated property, together with the
121charges realized from society memberships, shall be deposited in the General Fund as restricted
122revenue of the society.
123 [(b) Funds received from donations to the society under Section 41-1a-422 shall be
124deposited into the General Fund as a dedicated credit to achieve the mission and purpose of the
125society.]
126 (3) The division shall keep a correct account of funds and property received, held, or
127disbursed by the society, and shall make reports to the governor as in the case of other state
128institutions.
129 Section 2. Section 26-18b-101 is amended to read:
130 26-18b-101. Allyson Gamble Organ Donation Contribution Fund created.
131 (1) (a) There is created an expendable special revenue fund known as the Allyson
132Gamble Organ Donation Contribution Fund.
133 (b) The Allyson Gamble Organ Donation Contribution Fund shall consist of:
134 (i) private contributions;
135 (ii) donations or grants from public or private entities;
136 (iii) voluntary donations collected under Sections 41-1a-230.5 and 53-3-214.7; and
137 [(iv) contributions deposited into the account in accordance with Section 41-1a-422;
138and]
139 [(v)] (iv) interest and earnings on fund money.
140 (c) The cost of administering the Allyson Gamble Organ Donation Contribution Fund
141shall be paid from money in the fund.
142 (2) The Department of Health shall:
143 (a) administer the funds deposited in the Allyson Gamble Organ Donation Contribution
144Fund; and
145 (b) select qualified organizations and distribute the funds in the Allyson Gamble Organ
146Donation Contribution Fund in accordance with Subsection (3).
147 (3) (a) The funds in the Allyson Gamble Organ Donation Contribution Fund may be
148distributed to a selected organization that:
149 (i) promotes and supports organ donation; 1st Sub. (Buff) H.B. 26 01-25-23 1:28 PM
- 6 -
150 (ii) assists in maintaining and operating a statewide organ donation registry; and
151 (iii) provides donor awareness education.
152 (b) An organization that meets the criteria of Subsections (3)(a)(i) through (iii) may
153apply to the Department of Health, in a manner prescribed by the department, to receive a
154portion of the money contained in the Allyson Gamble Organ Donation Contribution Fund.
155 (4) The Department of Health may expend funds in the account to pay the costs of
156administering the fund and issuing or reordering the Donate Life support special group license
157plate and decals.
158 Section 3. Section 26-54-102 is amended to read:
159 26-54-102. Spinal Cord and Brain Injury Rehabilitation Fund -- Creation --
160Administration -- Uses.
161 (1) As used in this section, a "qualified IRC 501(c)(3) charitable clinic" means a
162professional medical clinic that:
163 (a) provides rehabilitation services to individuals in the state:
164 (i) who have a traumatic spinal cord or brain injury that tends to be nonprogressive or
165nondeteriorating; and
166 (ii) who require post-acute care;
167 (b) employs licensed therapy clinicians;
168 (c) has at least five years experience operating a post-acute care rehabilitation clinic in
169the state; and
170 (d) has obtained tax-exempt status under Internal Revenue Code, 26 U.S.C. Sec.
171501(c)(3).
172 (2) There is created an expendable special revenue fund known as the "Spinal Cord and
173Brain Injury Rehabilitation Fund."
174 (3) The fund shall consist of:
175 (a) gifts, grants, donations, or any other conveyance of money that may be made to the
176fund from private sources;
177 (b) a portion of the impound fee as designated in Section 41-6a-1406;
178 (c) the fees collected by the Motor Vehicle Division under Subsections [41-1a-1201(9)
179] 41-1a-1201(8)and 41-22-8(3); and
180 (d) amounts appropriated by the Legislature. 01-25-23 1:28 PM 1st Sub. (Buff) H.B. 26
- 7 -
181 (4) The fund shall be administered by the executive director of the department, in
182consultation with the advisory committee created in Section 26-54-103.
183 (5) Fund money shall be used to:
184 (a) assist one or more qualified IRC 501(c)(3) charitable clinics to provide
185rehabilitation services to individuals who have a traumatic spinal cord or brain injury that tends
186to be nonprogressive or nondeteriorating, including:
187 (i) physical, occupational, and speech therapy; and
188 (ii) equipment for use in the qualified charitable clinic; and
189 (b) pay for operating expenses of the advisory committee created by Section
19026-54-103, including the advisory committee's staff.
191 Section 4. Section 41-1a-102 is amended to read:
192 41-1a-102. Definitions.
193 As used in this chapter:
194 (1) "Actual miles" means the actual distance a vehicle has traveled while in operation.
195 (2) "Actual weight" means the actual unladen weight of a vehicle or combination of
196vehicles as operated and certified to by a weighmaster.
197 (3) "All-terrain type I vehicle" means the same as that term is defined in Section
19841-22-2.
199 (4) "All-terrain type II vehicle" means the same as that term is defined in Section
20041-22-2.
201 (5) "All-terrain type III vehicle" means the same as that term is defined in Section
20241-22-2.
203 (6) "Alternative fuel vehicle" means:
204 (a) an electric motor vehicle;
205 (b) a hybrid electric motor vehicle;
206 (c) a plug-in hybrid electric motor vehicle; or
207 (d) a motor vehicle powered exclusively by a fuel other than:
208 (i) motor fuel;
209 (ii) diesel fuel;
210 (iii) natural gas; or
211 (iv) propane. 1st Sub. (Buff) H.B. 26 01-25-23 1:28 PM
- 8 -
212 (7) "Amateur radio operator" means a person licensed by the Federal Communications
213Commission to engage in private and experimental two-way radio operation on the amateur
214band radio frequencies.
215 (8) "Autocycle" means the same as that term is defined in Section 53-3-102.
216 (9) "Automated driving system" means the same as that term is defined in Section
21741-26-102.1.
218 (10) "Branded title" means a title certificate that is labeled:
219 (a) rebuilt and restored to operation;
220 (b) flooded and restored to operation; or
221 (c) not restored to operation.
222 (11) "Camper" means a structure designed, used, and maintained primarily to be
223mounted on or affixed to a motor vehicle that contains a floor and is designed to provide a
224mobile dwelling, sleeping place, commercial space, or facilities for human habitation or for
225camping.
226 (12) "Certificate of title" means a document issued by a jurisdiction to establish a
227record of ownership between an identified owner and the described vehicle, vessel, or outboard
228motor.
229 (13) "Certified scale weigh ticket" means a weigh ticket that has been issued by a
230weighmaster.
231 (14) "Commercial vehicle" means a motor vehicle, trailer, or semitrailer used or
232maintained for the transportation of persons or property that operates:
233 (a) as a carrier for hire, compensation, or profit; or
234 (b) as a carrier to transport the vehicle owner's goods or property in furtherance of the
235owner's commercial enterprise.
236 (15) "Commission" means the State Tax Commission.
237 (16) "Consumer price index" means the same as that term is defined in Section
23859-13-102.
239 (17) "Dealer" means a person engaged or licensed to engage in the business of buying,
240selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on
241conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established
242place of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors. 01-25-23 1:28 PM 1st Sub. (Buff) H.B. 26
- 9 -
243 (18) "Diesel fuel" means the same as that term is defined in Section 59-13-102.
244 (19) "Division" means the Motor Vehicle Division of the commission, created in
245Section 41-1a-106.
246 (20) "Dynamic driving task" means the same as that term is defined in Section
24741-26-102.1.
248 (21) "Electric motor vehicle" means a motor vehicle that is powered solely by an
249electric motor drawing current from a rechargeable energy storage system.
250 (22) "Essential parts" means the integral and body parts of a vehicle of a type required
251to be registered in this state, the removal, alteration, or substitution of which would tend to
252conceal the identity of the vehicle or substantially alter the vehicle's appearance, model, type,
253or mode of operation.
254 (23) "Farm tractor" means a motor vehicle designed and used primarily as a farm
255implement for drawing plows, mowing machines, and other implements of husbandry.
256 (24) (a) "Farm truck" means a truck used by the owner or operator of a farm solely for
257the owner's or operator's own use in the transportation of:
258 (i) farm products, including livestock and its products, poultry and its products,
259floricultural and horticultural products;
260 (ii) farm supplies, including tile, fence, and any other thing or commodity used in
261agricultural, floricultural, horticultural, livestock, and poultry production; and
262 (iii) livestock, poultry, and other animals and things used for breeding, feeding, or
263other purposes connected with the operation of a farm.
264 (b) "Farm truck" does not include the operation of trucks by commercial processors of
265agricultural products.
266 (25) "Fleet" means one or more commercial vehicles.
267 (26) "Foreign vehicle" means a vehicle of a type required to be registered, brought into
268this state from another state, territory, or country other than in the ordinary course of business
269by or through a manufacturer or dealer, and not registered in this state.
270 (27) "Gross laden weight" means the actual weight of a vehicle or combination of
271vehicles, equipped for operation, to which shall be added the maximum load to be carried.
272 (28) "Highway" or "street" means the entire width between property lines of every way
273or place of whatever nature when any part of it is open to the public, as a matter of right, for 1st Sub. (Buff) H.B. 26 01-25-23 1:28 PM
- 10 -
274purposes of vehicular traffic.
275 (29) "Hybrid electric motor vehicle" means a motor vehicle that draws propulsion
276energy from onboard sources of stored energy that are both:
277 (a) an internal combustion engine or heat engine using consumable fuel; and
278 (b) a rechargeable energy storage system where energy for the storage system comes
279solely from sources onboard the vehicle.
280 (30) (a) "Identification number" means the identifying number assigned by the
281manufacturer or by the division for the purpose of identifying the vehicle, vessel, or outboard
282motor.
283 (b) "Identification number" includes a vehicle identification number, state assigned
284identification number, hull identification number, and motor serial number.
285 (31) "Implement of husbandry" means a vehicle designed or adapted and used
286exclusively for an agricultural operation and only incidentally operated or moved upon the
287highways.
288 (32) (a) "In-state miles" means the total number of miles operated in this state during
289the preceding year by fleet power units.
290 (b) If a fleet is composed entirely of trailers or semitrailers, "in-state miles" means the
291total number of miles that those vehicles were towed on Utah highways during the preceding
292year.
293 (33) "Interstate vehicle" means a commercial vehicle operated in more than one state,
294province, territory, or possession of the United States or foreign country.
295 (34) "Jurisdiction" means a state, district, province, political subdivision, territory, or
296possession of the United States or any foreign country.
297 (35) "Lienholder" means a person with a security interest in particular property.
298 (36) "Manufactured home" means a transportable factory built housing unit constructed
299on or after June 15, 1976, according to the Federal Home Construction and Safety Standards
300Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight body
301feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more
302square feet, and which is built on a permanent chassis and designed to be used as a dwelling
303with or without a permanent foundation when connected to the required utilities, and includes
304the plumbing, heating, air-conditioning, and electrical systems. 01-25-23 1:28 PM 1st Sub. (Buff) H.B. 26
- 11 -
305 (37) "Manufacturer" means a person engaged in the business of constructing,
306manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or
307outboard motors for the purpose of sale or trade.
308 (38) "Military vehicle" means a vehicle of any size or weight that was manufactured
309for use by armed forces and that is maintained in a condition that represents the vehicle's
310military design and markings regardless of current ownership or use.
311 (39) "Mobile home" means a transportable factory built housing unit built prior to June
31215, 1976, in accordance with a state mobile home code which existed prior to the Federal
313Manufactured Housing and Safety Standards Act (HUD Code).
314 (40) "Motor fuel" means the same as that term is defined in Section 59-13-102.
315 (41) (a) "Motor vehicle" means a self-propelled vehicle intended primarily for use and
316operation on the highways.
317 (b) "Motor vehicle" does not include:
318 (i) an off-highway vehicle; or
319 (ii) a motor assisted scooter as defined in Section 41-6a-102.
320 (42) "Motorboat" means the same as that term is defined in Section 73-18-2.
321 (43) "Motorcycle" means:
322 (a) a motor vehicle having a saddle for the use of the rider and designed to travel on not
323more than three wheels in contact with the ground; or
324 (b) an autocycle.
325 (44) "Natural gas" means a fuel of which the primary constituent is methane.
326 (45) (a) "Nonresident" means a person who is not a resident of this state as defined by
327Section 41-1a-202, and who does not engage in intrastate business within this state and does
328not operate in that business any motor vehicle, trailer, or semitrailer within this state.
329 (b) A person who engages in intrastate business within this state and operates in that
330business any motor vehicle, trailer, or semitrailer in this state or who, even though engaging in
331interstate commerce, maintains a vehicle in this state as the home station of that vehicle is
332considered a resident of this state, insofar as that vehicle is concerned in administering this
333chapter.
334 (46) "Odometer" means a device for measuring and recording the actual distance a
335vehicle travels while in operation, but does not include any auxiliary odometer designed to be 1st Sub. (Buff) H.B. 26 01-25-23 1:28 PM
- 12 -
336periodically reset.
337 (47) "Off-highway implement of husbandry" means the same as that term is defined in
338Section 41-22-2.
339 (48) "Off-highway vehicle" means the same as that term is defined in Section 41-22-2.
340 (49) (a) "Operate" means:
341 (i) to navigate a vessel; or
342 (ii) collectively, the activities performed in order to perform the entire dynamic driving
343task for a given motor vehicle by:
344 (A) a human driver as defined in Section 41-26-102.1; or
345 (B) an engaged automated driving system.
346 (b) "Operate" includes testing of an automated driving system.
347 (50) "Original issue license plate" means a license plate that is of a format and type
348issued by the state in the same year as the model year of a vehicle that is a model year 1973 or
349older.
350 [(50)] (51) "Outboard motor" means a detachable self-contained propulsion unit,
351excluding fuel supply, used to propel a vessel.
352 [(51)] (52) (a) "Owner" means a person, other than a lienholder, holding title to a
353vehicle, vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is
354subject to a security interest.
355 (b) If a vehicle is the subject of an agreement for the conditional sale or installment
356sale or mortgage of the vehicle with the right of purchase upon performance of the conditions
357stated in the agreement and with an immediate right of possession vested in the conditional
358vendee or mortgagor, or if the vehicle is the subject of a security agreement, then the
359conditional vendee, mortgagor, or debtor is considered the owner for the purposes of this
360chapter.
361 (c) If a vehicle is the subject of an agreement to lease, the lessor is considered the
362owner until the lessee exercises the lessee's option to purchase the vehicle.
363 [(52)] (53) "Park model recreational vehicle" means a unit that:
364 (a) is designed and marketed as temporary living quarters for recreational, camping,
365travel, or seasonal use;
366 (b) is not permanently affixed to real property for use as a permanent dwelling; 01-25-23 1:28 PM 1st Sub. (Buff) H.B. 26
- 13 -
367 (c) requires a special highway movement permit for transit; and
368 (d) is built on a single chassis mounted on wheels with a gross trailer area not
369exceeding 400 square feet in the setup mode.
370 [(53)] (54) "Personalized license plate" means a license plate that has displayed on it a
371combination of letters, numbers, or both as requested by the owner of the vehicle and assigned
372to the vehicle by the division.
373 [(54)] (55) (a) "Pickup truck" means a two-axle motor vehicle with motive power
374manufactured, remanufactured, or materially altered to provide an open cargo area.
375 (b) "Pickup truck" includes a motor vehicle with the open cargo area covered with a
376camper, camper shell, tarp, removable top, or similar structure.
377 [(55)] (56) "Plug-in hybrid electric motor vehicle" means a hybrid electric motor
378vehicle that has the capability to charge the battery or batteries used for vehicle propulsion
379from an off-vehicle electric source, such that the off-vehicle source cannot be connected to the
380vehicle while the vehicle is in motion.
381 [(56)] (57) "Pneumatic tire" means a tire in which compressed air is designed to
382support the load.
383 [(57)] (58) "Preceding year" means a period of 12 consecutive months fixed by the
384division that is within 16 months immediately preceding the commencement of the registration
385or license year in which proportional registration is sought. The division in fixing the period
386shall conform it to the terms, conditions, and requirements of any applicable agreement or
387arrangement for the proportional registration of vehicles.
388 [(58)] (59) "Public garage" means a building or other place where vehicles or vessels
389are kept and stored and where a charge is made for the storage and keeping of vehicles and
390vessels.
391 [(59)] (60) "Receipt of surrender of ownership documents" means the receipt of
392surrender of ownership documents described in Section 41-1a-503.
393 [(60)] (61) "Reconstructed vehicle" means a vehicle of a type required to be registered
394in this state that is materially altered from its original construction by the removal, addition, or
395substitution of essential parts, new or used.
396 [(61)] (62) "Recreational vehicle" means the same as that term is defined in Section
39713-14-102. 1st Sub. (Buff) H.B. 26 01-25-23 1:28 PM
- 14 -
398 [(62)] (63) "Registration" means a document issued by a jurisdiction that allows
399operation of a vehicle or vessel on the highways or waters of this state for the time period for
400which the registration is valid and that is evidence of compliance with the registration
401requirements of the jurisdiction.
402 (64) "Registration decal" means the decal issued by the division that is evidence of
403compliance with the division's registration requirements.
404 [(63)] (65) (a) "Registration year" means a 12 consecutive month period commencing
405with the completion of the applicable registration criteria.
406 (b) For administration of a multistate agreement for proportional registration the
407division may prescribe a different 12-month period.
408 [(64)] (66) "Repair or replacement" means the restoration of vehicles, vessels, or
409outboard motors to a sound working condition by substituting any inoperative part of the
410vehicle, vessel, or outboard motor, or by correcting the inoperative part.
411 [(65)] (67) "Replica vehicle" means:
412 (a) a street rod that meets the requirements under Subsection 41-21-1(3)(a)(i)(B); or
413 (b) a custom vehicle that meets the requirements under Subsection
41441-6a-1507(1)(a)(i)(B).
415 [(66)] (68) "Road tractor" means a motor vehicle designed and used for drawing other
416vehicles and constructed so it does not carry any load either independently or any part of the
417weight of a vehicle or load that is drawn.
418 [(67)] (69) "Sailboat" means the same as that term is defined in Section 73-18-2.
419 [(68)] (70) "Security interest" means an interest that is reserved or created by a security
420agreement to secure the payment or performance of an obligation and that is valid against third
421parties.
422 [(69)] (71) "Semitrailer" means a vehicle without motive power designed for carrying
423persons or property and for being drawn by a motor vehicle and constructed so that some part
424of its weight and its load rests or is carried by another vehicle.
425 [(70)] (72) "Special group license plate" means a type of license plate designed for a
426particular group of people or a license plate authorized and issued by the division in accordance
427with Section 41-1a-418 or Part 16, Sponsored Special Group License Plates.
428 [(71)] (73) (a) "Special interest vehicle" means a vehicle used for general 01-25-23 1:28 PM 1st Sub. (Buff) H.B. 26
- 15 -
429transportation purposes and that is:
430 (i) 20 years or older from the current year; or
431 (ii) a make or model of motor vehicle recognized by the division director as having
432unique interest or historic value.
433 (b) In making a determination under Subsection [(71)] (73)(a), the division director
434shall give special consideration to:
435 (i) a make of motor vehicle that is no longer manufactured;
436 (ii) a make or model of motor vehicle produced in limited or token quantities;
437 (iii) a make or model of motor vehicle produced as an experimental vehicle or one
438designed exclusively for educational purposes or museum display; or
439 (iv) a motor vehicle of any age or make that has not been substantially altered or
440modified from original specifications of the manufacturer and because of its significance is
441being collected, preserved, restored, maintained, or operated by a collector or hobbyist as a
442leisure pursuit.
443 [(72)] (74) (a) "Special mobile equipment" means a vehicle:
444 (i) not designed or used primarily for the transportation of persons or property;
445 (ii) not designed to operate in traffic; and
446 (iii) only incidentally operated or moved over the highways.
447 (b) "Special mobile equipment" includes:
448 (i) farm tractors;
449 (ii) off-road motorized construction or maintenance equipment including backhoes,
450bulldozers, compactors, graders, loaders, road rollers, tractors, and trenchers; and
451 (iii) ditch-digging apparatus.
452 (c) "Special mobile equipment" does not include a commercial vehicle as defined
453under Section 72-9-102.
454 [(73)] (75) "Specially constructed vehicle" means a vehicle of a type required to be
455registered in this state, not originally constructed under a distinctive name, make, model, or
456type by a generally recognized manufacturer of vehicles, and not materially altered from its
457original construction.
458 (76) (a) "Standard license plate" means a license plate for general issue described in
459Subsection 41-1a-402(1). 1st Sub. (Buff) H.B. 26 01-25-23 1:28 PM
- 16 -
460 (b) "Standard license plate" includes a license plate for general issue that the division
461issues before January 1, 2024.
462 [(74)] (77) "State impound yard" means a yard for the storage of a vehicle, vessel, or
463outboard motor that meets the requirements of rules made by the commission pursuant to
464Subsection 41-1a-1101(5).
465 (78) "Symbol decal" means the decal that is designed to represent a special group and
466displayed on a special group license plate.
467 [(75)] (79) "Title" means the right to or ownership of a vehicle, vessel, or outboard
468motor.
469 [(76)] (80) (a) "Total fleet miles" means the total number of miles operated in all
470jurisdictions during the preceding year by power units.
471 (b) If fleets are composed entirely of trailers or semitrailers, "total fleet miles" means
472the number of miles that those vehicles were towed on the highways of all jurisdictions during
473the preceding year.
474 [(77)] (81) "Tow truck motor carrier" means the same as that term is defined in Section
47572-9-102.
476 [(78)] (82) "Tow truck operator" means the same as that term is defined in Section
47772-9-102.
478 [(79)] (83) "Trailer" means a vehicle without motive power designed for carrying
479persons or property and for being drawn by a motor vehicle and constructed so that no part of
480its weight rests upon the towing vehicle.
481 [(80)] (84) "Transferee" means a person to whom the ownership of property is
482conveyed by sale, gift, or any other means except by the creation of a security interest.
483 [(81)] (85) "Transferor" means a person who transfers the person's ownership in
484property by sale, gift, or any other means except by creation of a security interest.
485 [(82)] (86) "Travel trailer," "camping trailer," or "fifth wheel trailer" means a portable
486vehicle without motive power, designed as a temporary dwelling for travel, recreational, or
487vacation use that does not require a special highway movement permit when drawn by a
488self-propelled motor vehicle.
489 [(83)] (87) "Truck tractor" means a motor vehicle designed and used primarily for
490drawing other vehicles and not constructed to carry a load other than a part of the weight of the 01-25-23 1:28 PM 1st Sub. (Buff) H.B. 26
- 17 -
491vehicle and load that is drawn.
492 [(84)] (88) "Vehicle" includes a motor vehicle, trailer, semitrailer, off-highway vehicle,
493camper, park model recreational vehicle, manufactured home, and mobile home.
494 [(85)] (89) "Vessel" means the same as that term is defined in Section 73-18-2.
495 [(86)] (90) "Vintage vehicle" means the same as that term is defined in Section
49641-21-1.
497 [(87)] (91) "Waters of this state" means the same as that term is defined in Section
49873-18-2.
499 [(88)] (92) "Weighmaster" means a person, association of persons, or corporation
500permitted to weigh vehicles under this chapter.
501 Section 5. Section 41-1a-122 is enacted to read:
502 41-1a-122. License plate restricted account.
503 (1) As used in this section, account means the License Plate Restricted Account created
504by this section.
505 (2) There is created within the General Fund a restricted account known as the License
506Plate Restricted Account.
507 (3) (a) The account shall be funded from the fees described in Subsection
50841-1a-1201(3).
509 (b) The fees described in Subsection (3)(a) shall be paid to the division, which shall
510deposit them in the account.
511 (4) The Legislature shall appropriate the funds in the account to the commission to
512cover the costs of issuing license plates and decals.
513 (5) In accordance with Section 63J-1-602.1, appropriations made to the division from
514the account are nonlapsing.
515 Section 6. Section 41-1a-222 is amended to read:
516 41-1a-222. Application for multiyear registration -- Payment of taxes -- Penalties.
517 (1) The owner of any intrastate fleet of commercial vehicles which is based in the state
518may apply to the commission for registration in accordance with this section.
519 (a) The application shall be made on a form prescribed by the commission.
520 (b) Upon payment of required fees and meeting other requirements prescribed by the
521commission, the division shall issue, to each vehicle for which application has been made, a 1st Sub. (Buff) H.B. 26 01-25-23 1:28 PM
- 18 -
522multiyear license plate and registration card.
523 (i) The [license plate] registration decal and the registration card shall bear an
524expiration date fixed by the division and are valid until ownership of the vehicle to which they
525are issued is transferred by the applicant or until the expiration date, whichever comes first.
526 (ii) An annual renewal application must be made by the owner if registration
527identification has been issued on an annual installment fee basis and the required fees must be
528paid on an annual basis.
529 (iii) License plates and registration cards issued pursuant to this section are valid for an
530eight-year period, commencing with the year of initial application in this state.
531 (c) When application for registration or renewal is made on an installment payment
532basis, the applicant shall submit acceptable evidence of a surety bond in a form, and with a
533surety, approved by the commission and in an amount equal to the total annual fees required
534for all vehicles registered to the applicant in accordance with this section.
535 (2) Each vehicle registered as part of a fleet of commercial vehicles must be titled in
536the name of the fleet.
537 (3) Each owner who registers fleets pursuant to this section shall pay the taxes or in
538lieu fees otherwise due pursuant to:
539 (a) Section 41-1a-206;
540 (b) Section 41-1a-207;
541 (c) Subsection 41-1a-301(12);
542 (d) Section 59-2-405.1;
543 (e) Section 59-2-405.2; or
544 (f) Section 59-2-405.3.
545 (4) An owner who fails to comply with the provisions of this section is subject to the
546penalties in Section 41-1a-1301 and, if the commission so determines, will result in the loss of
547the privileges granted in this section.
548 Section 7. Section 41-1a-226 is amended to read:
549 41-1a-226. Vintage vehicle -- Signed statement -- Registration.
550 (1) The owner of a vintage vehicle who applies for registration under this part shall
551provide a signed statement that the vintage vehicle:
552 (a) is owned and operated for the purposes described in Section 41-21-1; and 01-25-23 1:28 PM 1st Sub. (Buff) H.B. 26
- 19 -
553 (b) is safe to operate on the highways of this state as described in Section 41-21-4.
554 (2) For a vintage vehicle with a model year of 1980 or older, the signed statement
555described in Subsection (1) and in Subsection 41-6a-1642(15) is in lieu of an emissions
556inspection, from which a vintage vehicle is exempt under Subsection 41-6a-1642(4).
557 (3) Before registration of a vintage vehicle that has a model year of 1981 or newer, an
558owner shall:
559 (a) obtain a certificate of emissions inspection as provided in Section 41-6a-1642; or
560 (b) provide proof of vehicle insurance coverage for the vintage vehicle that is a type
561specific to a vehicle collector.
562 Section 8. Section 41-1a-401 is amended to read:
563 41-1a-401. License plates -- Number of plates -- Reflectorization -- Indicia of
564registration in lieu of or used with plates.
565 (1) [(a)] Except as provided in Subsection (1)(c), the division upon registering a
566vehicle shall issue to the owner:
567 [(i)] (a) one license plate for a motorcycle, trailer, or semitrailer;
568 [(ii)] (b) one registration decal for a park model recreational vehicle, in lieu of a license
569plate, which shall be attached in plain sight to the rear of the park model recreational vehicle;
570 [(iii)] (c) one registration decal for a camper, in lieu of a license plate, which shall be
571attached in plain sight to the rear of the camper; and
572 [(iv)] (d) two identical license plates for every other vehicle.
573 [(b)] (e) The license plate or registration decal issued under Subsection (1)(a) is for the
574particular vehicle registered and may not be removed during the term for which the license
575plate or registration decal is issued or used upon any other vehicle than the registered vehicle.
576 [(c)] (f) (i) Notwithstanding Subsections (1)(a) and (b) and except as provided in
577Subsection (1)(c)(ii), the division, upon registering a motor vehicle that has been sold, traded,
578or the ownership of which has been otherwise released, shall transfer the license plate issued to
579the person applying to register the vehicle if:
580 (A) the previous registered owner has included the license plate as part of the sale,
581trade, or ownership release; and
582 (B) the person applying to register the vehicle applies to transfer the license plate to the
583new registered owner of the vehicle. 1st Sub. (Buff) H.B. 26 01-25-23 1:28 PM
- 20 -
584 (ii) The division may not transfer a personalized or special group license plate to a new
585registered owner under this Subsection (1)(c) if the new registered owner does not meet the
586qualification or eligibility requirements for that personalized or special group license plate
587under [Sections 41-1a-410 through 41-1a-422] this part or Part 16, Special Group License
588Plates.
589 (2) The division may receive applications for registration renewal, renew registration,
590and issue new license plates or registration decals at any time prior to the expiration of
591registration.
592 (3) (a) (i) Except as provided in Subsection (3)(a)(iii), all license plates to be
593manufactured and issued by the division shall be treated with a fully reflective material on the
594plate face that provides effective and dependable reflective brightness during the service period
595of the license plate.
596 (ii) Except as provided in Subsection (3)(a)(iii), for a historical support special group
597license plate created under this part, the division shall procure reflective material to satisfy the
598requirement under Subsection (3)(a)(i) as soon as such material is available at a reasonable
599cost.
600 (iii) Notwithstanding the reflectivity requirement described in Subsection (3)(a)(i), the
601division may manufacture and issue a historical support special group license plate without a
602fully reflective plate face if:
603 (A) the historical special group license plate is requested for a vintage vehicle that has
604a model year of 1980 or older; and
605 (B) the division has manufacturing equipment and technology available to produce the
606plate in small quantities.
607 (b) The division shall prescribe all license plate material specifications and establish
608and implement procedures for conforming to the specifications.
609 (c) The specifications for the materials used such as the aluminum plate substrate, the
610reflective sheeting, and glue shall be drawn in a manner so that at least two manufacturers may
611qualify as suppliers.
612 (d) The granting of contracts for the materials shall be by public bid.
613 (4) (a) The commission may issue, adopt, and require the use of indicia of registration
614it considers advisable in lieu of or in conjunction with license plates as provided in this part. 01-25-23 1:28 PM 1st Sub. (Buff) H.B. 26
- 21 -
615 (b) All provisions of this part relative to license plates apply to these indicia of
616registration, so far as the provisions are applicable.
617 (5) A violation of this section is an infraction.
618 Section 9. Section 41-1a-402 is repealed and reenacted to read:
619 41-1a-402. Standard license plates -- Required colors, numerals, and letters --
620Expiration.
621 (1) (a) Upon registering a vehicle, the division shall issue to the owner a standard
622license plate described in Subsection (1)(b) unless the division issues to the owner:
623 (i) a special group license plate in accordance with Section 41-1a-418; or
624 (ii) an apportioned vehicle license plate in accordance with Section 41-1a-301.
625 (b) The division may offer up to four standard license plate options at one time, each
626with a different design as follows:
627 (i) two designs that incorporate one or more elements that represent the state's
628economy or geography;
629 (ii) one design that represents the state's values or culture; and
630 (iii) one design that commemorates a current event relevant to the state or a significant
631anniversary of a historic event relevant to the state.
632 (c) The division shall offer:
633 (i) each design described in Subsection (1)(b)(i) or (ii) for at least a 10-year period; and
634 (ii) each design described in Subsection (1)(b)(iii) for no more than a five-year period.
635 (d) The division may not offer more than four standard license plate designs at any one
636time.
637 (2) Before the division may offer a design described in Subsection (1)(b), the division
638shall:
639 (a) consult with the Utah Department of Cultural and Community Engagement
640regarding the proposed design;
641 (b) identify which current standard license plate design will be replaced by the
642proposed design;
643 (c) submit the proposed design to the governor for approval; and
644 (d) if the governor approves the design pursuant to Subsection (2)(c), submit to the
645Transportation Interim Committee a request for the Legislature to approve the proposed design 1st Sub. (Buff) H.B. 26 01-25-23 1:28 PM
- 22 -
646by concurrent resolution.
647 (3) The division may issue a new standard license plate design only if:
648 (a) the Legislature has by concurrent resolution approved the standard license plate
649design; and
650 (b) sufficient funds are appropriated for the initial costs of production.
651 (4) (a) Except as provided in Subsection (4)(b), the division may not order or produce a
652standard license plate that is discontinued under this section.
653 (b) The division may issue a discontinued standard license plate until the division
654exhausts the discontinued standard license plate's remaining stock.
655 (5) Each license plate shall have displayed on it:
656 (a) the registration number assigned to the vehicle for which the license plate is issued;
657 (b) the name of the state; and
658 (c) unless exempted by Section 41-1a-301 or 41-1a-407, a registration decal showing
659the date of expiration displayed in accordance with Subsection (8).
660 (6) If registration is extended by affixing a registration decal to the license plate, the
661expiration date of the registration decal governs the expiration date of the license plate.
662 (7) (a) Except as provided under Subsection 41-1a-215(2) and Section 41-1a-216,
663license plates shall be renewed annually.
664 (b) (i) The division shall issue the vehicle owner a month registration decal and a year
665registration decal upon the vehicle's first registration with the division.
666 (ii) The division shall issue the vehicle owner only a year registration decal upon
667subsequent renewals of registration to validate registration renewal.
668 (8) Except as otherwise provided by rule:
669 (a) the month registration decal issued in accordance with Subsection (7) shall be
670displayed on the license plate in the left position; and
671 (b) the year registration decal issued in accordance with Subsection (7) shall be
672displayed on the license plate in the right position.
673 (9) The current year registration decal issued in accordance with Subsection (7) shall
674be placed over or in place of the previous year registration decal.
675 (10) If a license plate, month registration decal, or year registration decal is lost or
676destroyed, a replacement shall be issued upon application and payment of the fees required 01-25-23 1:28 PM 1st Sub. (Buff) H.B. 26
- 23 -
677under Section 41-1a-1211 or 41-1a-1212.
678 (11) (a) A violation of this section is an infraction.
679 (b) A court shall waive a fine for a violation under this section if:
680 (i) the registration for the vehicle was current at the time of the citation; and
681 (ii) the person to whom the citation was issued provides, within 21 business days,
682evidence that the license plate and registration decals are properly displayed in compliance with
683this section.
684 (12) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
685the division may make rules regarding the placement and positioning of registration decals on
686license plates issued by the division.
687 Section 10. Section 41-1a-410 is amended to read:
688 41-1a-410. Eligibility for personalized plates.
689 (1) [A] Subject to Subsection 41-1a-411(4), a person who is the registered owner of a
690vehicle not subject to registration under Section 41-1a-301, registered with the division, or who
691applies for an original registration of a vehicle not subject to registration under Section
69241-1a-301, may upon payment of the fee prescribed in Section 41-1a-1211 apply to the division
693for personalized license plates.
694 (2) Application shall be made in accordance with Section 41-1a-411.
695 (3) The personalized plates shall be affixed to the vehicle for which registration is
696sought in lieu of the regular license plates.
697 (4) Personalized license plates shall be issued only to the registered owner of the
698vehicle on which they are to be displayed.
699 Section 11. Section 41-1a-411 is amended to read:
700 41-1a-411. Application for personalized plates -- Refusal authorized.
701 (1) [An] Subject to Subsection (4), an applicant for personalized license plates or
702renewal of the plates shall file an application for the plates in the form and by the date the
703division requires, indicating the combination of letters, numbers, or both requested as a
704registration number.
705 (2) (a) Except as provided in Subsection (3) and subject to Subsection (4), the division
706may refuse to issue any combination of letters, numbers, or both that:
707 (i) may carry connotations offensive to good taste and decency or that would be 1st Sub. (Buff) H.B. 26 01-25-23 1:28 PM
- 24 -
708misleading; or
709 (ii) disparages a group based on:
710 (A) race;
711 (B) color;
712 (C) national origin;
713 (D) religion;
714 (E) age;
715 (F) sex;
716 (G) gender identity;
717 (H) sexual orientation;
718 (I) citizenship status; or
719 (J) physical or mental disability.
720 (b) [The] Subject to Subsection (4), the division may refuse to issue a combination of
721letters, numbers, or both as a registration number if that same combination is already in use as a
722registration number on an existing license plate.
723 (3) (a) Except as provided in Subsection (2) or (3)(b), and subject to Subsection (4), the
724division may not refuse a combination of letters, numbers, or both as a registration number if:
725 (i) the license plate is [an honor] a state agency recognition special group license plate
726as [described in Section 41-1a-421] as defined in Section 41-1a-1601 for a military veteran,
727and the combination of letters, numbers, or both refers to:
728 (A) a year related to military service;
729 (B) a military branch; or
730 (C) an official achievement, badge, or honor received for military service; or
731 (ii) the combination of letters, numbers, or both as a registration number refers to an
732official state symbol described in Section 63G-1-601.
733 (b) [If] Subject to Subsection (4), if an applicant requests a combination containing
734only numbers, the division may refuse the combination if the combination includes less than
735four numerical digits.
736 (4) (a) Beginning July 1, 2023, and ending July 1, 2025, the division may not accept an
737application for a personalized plate under this section.
738 (b) On or before October 1 of each year, the Transportation Interim Committee shall 01-25-23 1:28 PM 1st Sub. (Buff) H.B. 26
- 25 -
739study personalized license plate programs in other states including:
740 (i) information on relevant court cases and rulings involving other state's personalized
741license plate programs;
742 (ii) if available, other state responses to legal challenges to that state's personalized
743license plate program; and
744 (iii) recommendations regarding Utah's personalized license plate program, including:
745 (A) reinstating the personalized license plate program;
746 (B) continuing the moratorium; or
747 (C) modifying or repealing the personalized license plate program.
748 Section 12. Section 41-1a-416 is amended to read:
749 41-1a-416. Original issue license plates -- Alternative stickers -- Rulemaking.
750 (1) The owner of a motor vehicle that is a model year 1973 or older may apply to the
751division for permission to display an original issue license plate [of a format and type issued by
752the state in the same year as the model year of the vehicle].
753 (2) [The owner of a motor vehicle who desires to display original issue license plates
754instead of license plates issued under Section 41-1a-401 shall:] An owner described in
755Subsection (1) shall:
756 (a) complete an application on a form provided by the division;
757 [(b) supply and submit the original license plates that the owner desires to display to
758the division for approval; and]
759 (b) supply and submit to the division for approval the original issue license plate that
760the owner intends to display on the motor vehicle; and
761 (c) pay the fees prescribed in Sections 41-1a-1206 and 41-1a-1211.
762 (3) [The division, prior to approval of an application under this section,] Before
763approving an application described in this section, the division shall determine that the original
764issue license [plates] plate:
765 (a) [are] is of a format and type issued by the state for use on a motor vehicle [in this
766state];
767 (b) [have] has numbers and characters that are unique and do not conflict with existing
768license plate series in this state;
769 (c) [are] is legible, durable, and otherwise in a condition that serves the purposes of this 1st Sub. (Buff) H.B. 26 01-25-23 1:28 PM
- 26 -
770chapter[, except that original issue license plates are exempt from the provision of Section
77141-1a-401 regarding reflectorization and Section 41-1a-403 regarding legibility from 100 feet];
772and
773 (d) [are] is from the same year of issue as the model year of the motor vehicle on which
774[they are] the original issue license plate is to be displayed.
775 (4) (a) [An] Except as provided in this section, the owner of a motor vehicle displaying
776original issue license plates approved under this section is not exempt from any [other
777requirement of this chapter except as specified under this section.] requirement described in
778this chapter.
779 (b) An original issue license plate approved under this section is exempt from:
780 (i) the provisions of Section 41-1a-401 regarding reflectorization; and
781 (ii) Section 41-1a-403.
782 [(5) (a) An owner of a motor vehicle currently registered in this state whose original
783issue license plates are not approved by the division because of the requirement in Subsection
784(3)(b) may apply to the division for a sticker to allow the temporary display of the original
785issue license plates if:]
786 [(i) the plates otherwise comply with this section;]
787 [(ii) the plates are only displayed when the motor vehicle is used for participating in
788motor vehicle club activities, exhibitions, tours, parades, and similar activities and are not used
789for general daily transportation;]
790 [(iii) the license plates and registration issued under this chapter for normal use of the
791motor vehicle on the highways of this state are kept in the motor vehicle and shown to a peace
792officer on request; and]
793 [(iv) the sticker issued by the division under this subsection is properly affixed to the
794face of the original issue license plate.]
795 [(b) The sticker issued under this section shall be the size and form customarily
796furnished by the division.]
797 [(6)] (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
798Act, the division may make rules for the implementation of this section.
799 Section 13. Section 41-1a-418 is repealed and reenacted to read:
800 41-1a-418. Authorized special group license plates. 01-25-23 1:28 PM 1st Sub. (Buff) H.B. 26
- 27 -
801 (1) In accordance with this chapter, the division shall issue to an eligible applicant a
802special group license plate in one of the following categories:
803 (a) a disability special group license plate issued in accordance with Section 41-1a-420;
804 (b) a special group license plate issued for a:
805 (i) vintage vehicle; or
806 (ii) farm truck; or
807 (iii) special group license plate described in Section 41-1a-1602.
808 (2) The division may not issue a new type of special group license plate or symbol
809decal unless the division receives:
810 (a) a private donation for the start-up fee established under Section 63J-1-504 for the
811production and administrative costs of providing the new special group license plate or symbol
812decal; or
813 (b) a legislative appropriation for the start-up fee described in Subsection (2)(a).
814 (3) Notwithstanding other provisions of this chapter, the division may not require a
815contribution as defined in Section 41-1a-1601 for a special group license plate described in
816Subsection (1)(a) or (b).
817 Section 14. Section 41-1a-419 is amended to read:
818 41-1a-419. Plate design -- Vintage vehicle certification and registration --
819Personalized special group license plates -- Rulemaking.
820 (1) [(a) The design and maximum number of numerals or characters on special group
821license plates shall be determined by the division in accordance with the requirements under
822Subsection (1)(b).]
823 (a) In accordance with Subsection (1)(b), the division shall determine the design and
824number of numerals or characters on a special group license plate.
825 (b) (i) Except as provided in Subsection (1)(b)(ii), each special group license plate
826shall display:
827 (A) the word Utah;
828 (B) the name or identifying slogan of the special group;
829 (C) a symbol decal not exceeding two positions in size representing the special group;
830and
831 (D) the combination of letters, numbers, or both uniquely identifying the registered 1st Sub. (Buff) H.B. 26 01-25-23 1:28 PM
- 28 -
832vehicle.
833 (ii) The division, in consultation with the Utah State Historical Society, shall design
834the historical support special group license plate, which shall:
835 (A) have a black background;
836 (B) have white characters; and
837 (C) display the word Utah.
838 (2) (a) The division shall, after consultation with a representative designated by the
839[special group] sponsoring organization as defined in Section 41-1a-1601, specify the word or
840words comprising the special group name and the symbol decal to be displayed upon the
841special group license [plates] plate.
842 (b) A special group license plate symbol decal may not be redesigned:
843 (i) unless the division receives a redesign fee established by the division under Section
84463J-1-504; and
845 (ii) more frequently than every five years.
846 (c) [(i) Except as provided in Subsection (2)(c)(ii), a] A special group license plate
847symbol decal may not be reordered unless the division receives a symbol decal reorder fee
848established by the division [under] in accordance with Section 63J-1-504.
849 [(ii) A recognition special group license plate symbol decal for a currently employed,
850volunteer, or retired firefighter issued in accordance with Subsection 41-1a-418(1)(d)(v) that is
851reordered on or after July 1, 2007, but on or before June 30, 2008, is exempt from the symbol
852decal reorder fee authorized under Subsection (2)(c)(i).]
853 (3) The license plates issued for horseless carriages prior to July 1, 1992, are valid
854without renewal as long as the vehicle is owned by the registered owner and the license plates
855may not be recalled by the division.
856 [(4) A person who meets the criteria established under Sections 41-1a-418 through
85741-1a-422 for issuance of special group license plates may make application in the same
858manner provided in Sections 41-1a-410 and 41-1a-411 for personalized special group license
859plates.]
860 (4) Subject to Subsection 41-1a-411(4)(a), a person who meets the requirements
861described in this part or Part 16, Sponsored Special Group License Plates, for a special group
862license plate may, apply for a personalized special group license plate in accordance with 01-25-23 1:28 PM 1st Sub. (Buff) H.B. 26
- 29 -
863Sections 41-1a-410 and 41-1a-411.
864 (5) [The] Subject to this chapter, the commission shall make rules in accordance with
865Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
866 (a) establish qualifying criteria for persons to receive, renew, or surrender special group
867license plates; and
868 (b) establish the [maximum] number of numerals or characters for special group
869license plates.
870 Section 15. Section 41-1a-1201 is amended to read:
871 41-1a-1201. Disposition of fees.
872 (1) All fees received and collected under this part shall be transmitted daily to the state
873treasurer.
874 (2) Except as provided in Subsections (3), (5), (6), (7), and (8), [and (9)] and Sections
875[41-1a-422,] 41-1a-1220, 41-1a-1221, [and] 41-1a-1223, and 41-1a-1603, all fees collected
876under this part shall be deposited into the Transportation Fund.
877 (3) Funds generated under Subsections 41-1a-1211(1)(b)(ii), (6)(b)(ii), [and] (7), and
878(9), and Section 41-1a-1212 [may be used by the commission to cover the costs incurred in
879issuing license plates under Part 4, License Plates and Registration Indicia.] shall be deposited
880into the License Plate Restricted Account created in Section 41-1a-122.
881 [(4) In accordance with Section 63J-1-602.2, all funds available to the commission for
882the purchase and distribution of license plates and decals are nonlapsing.]
883 [(5)] (4) (a) Except as provided in Subsections (3) and [(5)(b)] (6)(b) and Section
88441-1a-1205, the expenses of the commission in enforcing and administering this part shall be
885provided for by legislative appropriation from the revenues of the Transportation Fund.
886 (b) Three dollars of the registration fees imposed under Subsections 41-1a-1206(2)(a)
887and (b) for each vehicle registered for a six-month registration period under Section
88841-1a-215.5 may be used by the commission to cover the costs incurred in enforcing and
889administering this part.
890 (c) Fifty cents of the registration fee imposed under Subsection 41-1a-1206(1)(i) for
891each vintage vehicle that has a model year of 1981 or newer may be used by the commission to
892cover the costs incurred in enforcing and administering this part.
893 [(6)] (5) (a) The following portions of the registration fees imposed under Section 1st Sub. (Buff) H.B. 26 01-25-23 1:28 PM
- 30 -
89441-1a-1206 for each vehicle shall be deposited into the Transportation Investment Fund of
8952005 created under Section 72-2-124:
896 (i) $30 of the registration fees imposed under Subsections 41-1a-1206(1)(a), (1)(b),
897(1)(f), (4), and (7);
898 (ii) $21 of the registration fees imposed under Subsections 41-1a-1206(1)(c)(i) and
899(1)(c)(ii);
900 (iii) $2.50 of the registration fee imposed under Subsection 41-1a-1206(1)(e)(ii);
901 (iv) $23 of the registration fee imposed under Subsection 41-1a-1206(1)(d)(i);
902 (v) $24.50 of the registration fee imposed under Subsection 41-1a-1206(1)(e)(i); and
903 (vi) $1 of the registration fee imposed under Subsection 41-1a-1206(1)(d)(ii).
904 (b) The following portions of the registration fees collected for each vehicle registered
905for a six-month registration period under Section 41-1a-215.5 shall be deposited into the
906Transportation Investment Fund of 2005 created by Section 72-2-124:
907 (i) $23.25 of each registration fee collected under Subsection 41-1a-1206(2)(a)(i); and
908 (ii) $23 of each registration fee collected under Subsection 41-1a-1206(2)(a)(ii).
909 [(7)] (6) (a) Ninety-four cents of each registration fee imposed under Subsections
91041-1a-1206(1)(a) and (b) for each vehicle shall be deposited into the Public Safety Restricted
911Account created in Section 53-3-106.
912 (b) Seventy-one cents of each registration fee imposed under Subsections
91341-1a-1206(2)(a) and (b) for each vehicle registered for a six-month registration period under
914Section 41-1a-215.5 shall be deposited into the Public Safety Restricted Account created in
915Section 53-3-106.
916 [(8)] (7) (a) One dollar of each registration fee imposed under Subsections
91741-1a-1206(1)(a) and (b) for each vehicle shall be deposited into the Motor Vehicle Safety
918Impact Restricted Account created in Section 53-8-214.
919 (b) One dollar of each registration fee imposed under Subsections 41-1a-1206(2)(a)
920and (b) for each vehicle registered for a six-month registration period under Section
92141-1a-215.5 shall be deposited into the Motor Vehicle Safety Impact Restricted Account
922created in Section 53-8-214.
923 [(9)] (8) Fifty cents of each registration fee imposed under Subsection
92441-1a-1206(1)(a) for each motorcycle shall be deposited into the Spinal Cord and Brain Injury 01-25-23 1:28 PM 1st Sub. (Buff) H.B. 26
- 31 -
925Rehabilitation Fund created in Section 26-54-102.
926 Section 16. Section 41-1a-1204 is amended to read:
927 41-1a-1204. Automobile driver education fee -- Amount -- When paid --
928Exception.
929 (1) Each year there is levied and shall be paid to the commission the automobile driver
930education fee.
931 (2) (a) Except as provided in Subsections (2)(b) and (c), the fee is $2.50 upon each
932motor vehicle to be registered for a one-year registration period.
933 (b) The fee is $2.00 upon each motor vehicle to be registered under Section
93441-1a-215.5 for a six-month registration period.
935 (c) The following registrations are exempt from the fee in Subsection (2)(a) or (b):
936 (i) a motorcycle registration; and
937 (ii) a registration of a vehicle with a Purple Heart special group license plate issued [in
938accordance with Section 41-1a-421.]:
939 (A) on or before December 31, 2023; or
940 (B) in accordance with Part 16, Sponsored Special Group License Plates.
941 Section 17. Section 41-1a-1206 is amended to read:
942 41-1a-1206. Registration fees -- Fees by gross laden weight.
943 (1) Except as provided in Subsections (2) and (3), at the time application is made for
944registration or renewal of registration of a vehicle or combination of vehicles under this
945chapter, a registration fee shall be paid to the division as follows:
946 (a) $46.00 for each motorcycle;
947 (b) $44 for each motor vehicle of 12,000 pounds or less gross laden weight, excluding
948motorcycles;
949 (c) unless the semitrailer or trailer is exempt from registration under Section 41-1a-202
950or is registered under Section 41-1a-301:
951 (i) $31 for each trailer or semitrailer over 750 pounds gross unladen weight; or
952 (ii) $28.50 for each commercial trailer or commercial semitrailer of 750 pounds or less
953gross unladen weight;
954 (d) (i) $53 for each farm truck over 12,000 pounds, but not exceeding 14,000 pounds
955gross laden weight; plus 1st Sub. (Buff) H.B. 26 01-25-23 1:28 PM
- 32 -
956 (ii) $9 for each 2,000 pounds over 14,000 pounds gross laden weight;
957 (e) (i) $69.50 for each motor vehicle or combination of motor vehicles, excluding farm
958trucks, over 12,000 pounds, but not exceeding 14,000 pounds gross laden weight; plus
959 (ii) $19 for each 2,000 pounds over 14,000 pounds gross laden weight;
960 (f) (i) $69.50 for each park model recreational vehicle over 12,000 pounds, but not
961exceeding 14,000 pounds gross laden weight; plus
962 (ii) $19 for each 2,000 pounds over 14,000 pounds gross laden weight;
963 (g) $45 for each vintage vehicle that has a model year of 1981 or newer;
964 (h) in addition to the fee described in Subsection (1)(b):
965 (i) an amount equal to the road usage charge cap described in Section 72-1-213.1 for:
966 (A) each electric motor vehicle; and
967 (B) Each motor vehicle not described in this Subsection (1)(h) that is fueled
968exclusively by a source other than motor fuel, diesel fuel, natural gas, or propane;
969 (ii) $21.75 for each hybrid electric motor vehicle; and
970 (iii) $56.50 for each plug-in hybrid electric motor vehicle; and
971 (i) in addition to the fee described in Subsection (1)(g), for a vintage vehicle that has a
972model year of 1981 or newer, 50 cents.
973 (2) (a) At the time application is made for registration or renewal of registration of a
974vehicle under this chapter for a six-month registration period under Section 41-1a-215.5, a
975registration fee shall be paid to the division as follows:
976 (i) $34.50 for each motorcycle; and
977 (ii) $33.50 for each motor vehicle of 12,000 pounds or less gross laden weight,
978excluding motorcycles.
979 (b) In addition to the fee described in Subsection (2)(a)(ii), for registration or renewal
980of registration of a vehicle under this chapter for a six-month registration period under Section
98141-1a-215.5 a registration fee shall be paid to the division as follows:
982 (i) an amount equal to the road usage charge cap described in Section 72-1-213.1 for:
983 (A) each electric motor vehicle; and
984 (B) each motor vehicle not described in this Subsection (2)(b) that is fueled exclusively
985by a source other than motor fuel, diesel fuel, natural gas, or propane;
986 (ii) $16.50 for each hybrid electric motor vehicle; and 01-25-23 1:28 PM 1st Sub. (Buff) H.B. 26
- 33 -
987 (iii) $43.50 for each plug-in hybrid electric motor vehicle.
988 (3) (a) (i) Beginning on January 1, 2019, the commission shall, on January 1, annually
989adjust the registration fees described in Subsections (1)(a), (1)(b), (1)(c)(i), (1)(c)(ii), (1)(d)(i),
990(1)(e)(i), (1)(f)(i), (1)(g), (2)(a), (4)(a), and (7), by taking the registration fee rate for the
991previous year and adding an amount equal to the greater of:
992 (A) an amount calculated by multiplying the registration fee of the previous year by the
993actual percentage change during the previous fiscal year in the Consumer Price Index; and
994 (B) 0.
995 (ii) Beginning on January 1, 2024, the commission shall, on January 1, annually adjust
996the registration fees described in Subsections (1)(h)(ii) and (iii) and (2)(b)(ii) and (iii) by taking
997the registration fee rate for the previous year and adding an amount equal to the greater of:
998 (A) an amount calculated by multiplying the registration fee of the previous year by the
999actual percentage change during the previous fiscal year in the Consumer Price Index; and
1000 (B) 0.
1001 (b) The amounts calculated as described in Subsection (3)(a) shall be rounded up to the
1002nearest 25 cents.
1003 (4) (a) The initial registration fee for a vintage vehicle that has a model year of 1980 or
1004older is $40.
1005 (b) A vintage vehicle that has a model year of 1980 or older is exempt from the
1006renewal of registration fees under Subsection (1).
1007 (c) A vehicle with a Purple Heart special group license plate issued [in accordance with
1008Section 41-1a-421] on or before December 31, 2023, or issued in accordance with Part 16,
1009Sponsored Special Group License Plates, is exempt from the registration fees under Subsection
1010(1).
1011 (d) A camper is exempt from the registration fees under Subsection (1).
1012 (5) If a motor vehicle is operated in combination with a semitrailer or trailer, each
1013motor vehicle shall register for the total gross laden weight of all units of the combination if the
1014total gross laden weight of the combination exceeds 12,000 pounds.
1015 (6) (a) Registration fee categories under this section are based on the gross laden
1016weight declared in the licensee's application for registration.
1017 (b) Gross laden weight shall be computed in units of 2,000 pounds. A fractional part 1st Sub. (Buff) H.B. 26 01-25-23 1:28 PM
- 34 -
1018of 2,000 pounds is a full unit.
1019 (7) The owner of a commercial trailer or commercial semitrailer may, as an alternative
1020to registering under Subsection (1)(c), apply for and obtain a special registration and license
1021plate for a fee of $130.
1022 (8) Except as provided in Section 41-6a-1642, a truck may not be registered as a farm
1023truck unless:
1024 (a) the truck meets the definition of a farm truck under Section 41-1a-102; and
1025 (b) (i) the truck has a gross vehicle weight rating of more than 12,000 pounds; or
1026 (ii) the truck has a gross vehicle weight rating of 12,000 pounds or less and the owner
1027submits to the division a certificate of emissions inspection or a waiver in compliance with
1028Section 41-6a-1642.
1029 (9) A violation of Subsection (8) is an infraction that shall be punished by a fine of not
1030less than $200.
1031 (10) Trucks used exclusively to pump cement, bore wells, or perform crane services
1032with a crane lift capacity of five or more tons, are exempt from 50% of the amount of the fees
1033required for those vehicles under this section.
1034 Section 18. Section 41-1a-1211 is amended to read:
1035 41-1a-1211. License plate fees -- Application fees for issuance and renewal of
1036personalized and special group license plates -- Replacement fee for license plates --
1037Postage fees.
1038 (1) (a) Except as provided in Subsections (11), (12), (13), and (14), a license plate fee
1039established in accordance with Section 63J-1-504 shall be paid to the division for the issuance
1040of any new license plate under Part 4, License Plates and Registration Indicia.
1041 (b) The license plate fee shall be deposited as follows:
1042 (i) $1 in the Transportation Fund; and
1043 (ii) the remainder of the fee charged under Subsection (1)(a) into the License Plate
1044Restricted Account, as provided in [Section 41-1a-1201] Subsection 41-1a-1201(10).
1045 (2) An applicant for original issuance of personalized license plates issued under
1046Section 41-1a-410 shall pay a $50 per set license plate application fee in addition to the fee
1047required in Subsection (1).
1048 (3) Beginning July 1, 2003, a person who applies for a special group license plate shall 01-25-23 1:28 PM 1st Sub. (Buff) H.B. 26
- 35 -
1049pay a $5 fee for the original set of license plates in addition to the fee required under
1050Subsection (1).
1051 (4) An applicant for original issuance of personalized special group license plates shall
1052pay the license plate application fees required in Subsection (2) in addition to the license plate
1053fees and license plate application fees established under Subsections (1) and (3).
1054 (5) An applicant for renewal of personalized license plates issued under Section
105541-1a-410 shall pay a $10 per set application fee.
1056 (6) (a) The division may charge a fee established under Section 63J-1-504 to recover
1057the costs for the replacement of any license plate issued under Part 4, License Plates and
1058Registration Indicia.
1059 (b) The license plate fee shall be deposited as follows:
1060 (i) $1 in the Transportation Fund; and
1061 (ii) the remainder of the fee charged under Subsection (6)(a) into the License Plate
1062Restricted Account, as provided in [Section 41-1a-1201] Subsection 41-1a-1201(10).
1063 (7) (a) The division may charge a fee established under Section 63J-1-504 to recover
1064[its] the division's costs for the replacement of [decals] a symbol decal issued under Section
106541-1a-418.
1066 (b) The fee described in Subsection (7) shall be deposited into the License Plate
1067Restricted Account as described in Subsection 41-1a-1201(10).
1068 (8) The division may charge a fee established under Section 63J-1-504 to recover the
1069cost of issuing stickers under Section 41-1a-416.
1070 (9) In addition to any other fees required by this section, the division shall assess a fee
1071established under Section 63J-1-504 to cover postage expenses if new or replacement license
1072plates are mailed to the applicant.
1073 (10) The fees required under this section are separate from and in addition to
1074registration fees required under Section 41-1a-1206.
1075 (11) (a) An applicant for a license plate issued under Section 41-1a-407 is not subject
1076to the license plate fee under Subsection (1).
1077 (b) An applicant for a Purple Heart special group license plate issued [in accordance
1078with Section 41-1a-421] on or before December 31, 2023, or issued in accordance with Part 16,
1079Sponsored Special Group License Plates, is exempt from the fees under Subsections (1), (3), 1st Sub. (Buff) H.B. 26 01-25-23 1:28 PM
- 36 -
1080and (7).
1081 (12) A person is exempt from the fee under Subsection (1) or (6) if the person:
1082 (a) was issued a clean fuel special group license plate in accordance with Section
108341-1a-418 prior to the effective date of rules made by the Department of Transportation under
1084Subsection 41-6a-702(5)(b);
1085 (b) beginning on the effective date of rules made by the Department of Transportation
1086authorized under Subsection 41-6a-702(5)(b), is no longer eligible for a clean fuel special
1087group license plate under the rules made by the Department of Transportation; and
1088 (c) upon renewal or reissuance, is required to replace the clean fuel special group
1089license plate with a new license plate.
1090 [(13) Until June 30, 2011, a person is exempt from the license plate fee under
1091Subsection (1) or (6) if the person:]
1092 [(a) was issued a firefighter recognition special group license plate in accordance with
1093Section 41-1a-418 prior to July 1, 2009;]
1094 [(b) upon renewal of the person's vehicle registration on or after July 1, 2009, is not a
1095contributor to the Firefighter Support Restricted Account as required under Section 41-1a-418;
1096and]
1097 [(c) is required to replace the firefighter special group license plate with a new license
1098plate in accordance with Section 41-1a-418.]
1099 [(14) A person is not subject to the license plate fee under Subsection (1) if the person
1100presents official documentation that the person is a recipient of the Purple Heart Award
1101issued:]
1102 [(a) by a recognized association representing peace officers who:]
1103 [(i) receives a salary from a federal, state, county, or municipal government or any
1104subdivision of the state; and]
1105 [(ii) works in the state; or]
1106 [(b) in accordance with Subsection 41-1a-421(2).]
1107 (13) An individual is exempt from the license plate fee under Subsection (1) if the
1108individual presents official documentation that the individual is a recipient of the Purple Heart
1109Award in one of the following forms:
1110 (a) official documentation issued by a recognized association representing peace 01-25-23 1:28 PM 1st Sub. (Buff) H.B. 26
- 37 -
1111officers who:
1112 (i) receive a salary from a federal, state, county, or municipal government or any other
1113subdivision of the state; and
1114 (ii) work in the state;
1115 (b) a membership card in the Military Order of the Purple Heart; or
1116 (c) an original or certificate in lieu of the applicant's military discharge form, DD-214,
1117issued by the National Personnel Records Center.
1118 Section 19. Section 41-1a-1212 is amended to read:
1119 41-1a-1212. Fee for replacement of license plate decals.
1120 (1) A fee established in accordance with Section 63J-1-504 shall be paid to the division
1121for the replacement of a license plate registration decal required by Section 41-1a-402 or a
1122registration decal required by Section 41-1a-401.
1123 (2) The fee described in Subsection (1) shall be deposited into the License Plate
1124Restricted Account created in Subsection 41-1a-1201(10).
1125 Section 20. Section 41-1a-1218 is amended to read:
1126 41-1a-1218. Uninsured motorist identification fee for tracking motor vehicle
1127insurance -- Exemption -- Deposit.
1128 (1) (a) Except as provided in Subsections (1)(b) and (c), at the time application is made
1129for registration or renewal of registration of a motor vehicle under this chapter, the applicant
1130shall pay an uninsured motorist identification fee of $1 on each motor vehicle.
1131 (b) Except as provided in Subsection (1)(c), at the time application is made for
1132registration or renewal of registration of a motor vehicle for a six-month registration period
1133under Section 41-1a-215.5, the applicant shall pay an uninsured motorist identification fee of
113475 cents on each motor vehicle.
1135 (c) The following are exempt from the fee required under Subsection (1)(a) or (b):
1136 (i) a commercial vehicle registered as part of a fleet under Section 41-1a-222 or
1137Section 41-1a-301;
1138 (ii) a motor vehicle that is exempt from the registration fee under Section 41-1a-1209
1139or Subsection 41-1a-419(3); and
1140 (iii) a motor vehicle with a Purple Heart special group license plate issued [in
1141accordance with Section 41-1a-421.]: 1st Sub. (Buff) H.B. 26 01-25-23 1:28 PM
- 38 -
1142 (A) on or before December 31, 2023; or
1143 (B) in accordance with Part 16, Sponsored Special Group License Plates.
1144 (2) The revenue generated under this section shall be deposited in the Uninsured
1145Motorist Identification Restricted Account created in Section 41-12a-806.
1146 Section 21. Section 41-1a-1222 is amended to read:
1147 41-1a-1222. Local option highway construction and transportation corridor
1148preservation fee -- Exemptions -- Deposit -- Transfer -- County ordinance -- Notice.
1149 (1) As used in this section:
1150 (a) "Metro township" means the same as that term is defined in Section 10-2a-403.
1151 (b) "Unincorporated" means the same as that term is defined in Section 10-1-104.
1152 (2) (a) (i) Except as provided in Subsection (2)(a)(ii), a county legislative body may
1153impose a local option highway construction and transportation corridor preservation fee of up
1154to $10 on each motor vehicle registration within the county.
1155 (ii) A county legislative body may impose a local option highway construction and
1156transportation corridor preservation fee of up to $7.75 on each motor vehicle registration for a
1157six-month registration period under Section 41-1a-215.5 within the county.
1158 (iii) A fee imposed under Subsection (2)(a)(i) or (ii) shall be set in whole dollar
1159increments.
1160 (b) If imposed under Subsection (2)(a), at the time application is made for registration
1161or renewal of registration of a motor vehicle under this chapter, the applicant shall pay the local
1162option highway construction and transportation corridor preservation fee established by the
1163county legislative body.
1164 (c) The following are exempt from the fee required under Subsection (2)(a):
1165 (i) a motor vehicle that is exempt from the registration fee under Section 41-1a-1209 or
1166Subsection 41-1a-419(3);
1167 (ii) a commercial vehicle with an apportioned registration under Section 41-1a-301;
1168and
1169 (iii) a motor vehicle with a Purple Heart special group license plate issued [in
1170accordance with Section 41-1a-421.]:
1171 (A) on or before December 31, 2023; or
1172 (B) in accordance with Part 16, Sponsored Special Group License Plates. 01-25-23 1:28 PM 1st Sub. (Buff) H.B. 26
- 39 -
1173 (3) (a) Except as provided in Subsection (3)(b), the revenue generated under this
1174section shall be:
1175 (i) deposited in the Local Highway and Transportation Corridor Preservation Fund
1176created in Section 72-2-117.5;
1177 (ii) credited to the county from which it is generated; and
1178 (iii) used and distributed in accordance with Section 72-2-117.5.
1179 (b) The revenue generated by a fee imposed under this section in a county of the first
1180class shall be deposited or transferred as follows:
1181 (i) 50% of the revenue shall be:
1182 (A) deposited in the County of the First Class Highway Projects Fund created in
1183Section 72-2-121; and
1184 (B) used in accordance with Section 72-2-121;
1185 (ii) 30% of the revenue shall be deposited, credited, and used as provided in Subsection
1186(3)(a); and
1187 (iii) 20% of the revenue shall be transferred to the legislative body of a county of the
1188first class.
1189 (4) Beginning in a fiscal year beginning on or after July 1, 2023, and for 15 years
1190thereafter, the legislative body of the county of the first class shall annually transfer, from the
1191revenue transferred to the legislative body of a county of the first class as described in
1192Subsection (3)(b)(iii):
1193 (a) $300,000 to Kearns township; and
1194 (b) $225,000 to Magna township.
1195 (5) To impose or change the amount of a fee under this section, the county legislative
1196body shall pass an ordinance:
1197 (a) approving the fee;
1198 (b) setting the amount of the fee; and
1199 (c) providing an effective date for the fee as provided in Subsection (6).
1200 (6) (a) If a county legislative body enacts, changes, or repeals a fee under this section,
1201the enactment, change, or repeal shall take effect on July 1 if the commission receives notice
1202meeting the requirements of Subsection (6)(b) from the county prior to April 1.
1203 (b) The notice described in Subsection (6)(a) shall: 1st Sub. (Buff) H.B. 26 01-25-23 1:28 PM
- 40 -
1204 (i) state that the county will enact, change, or repeal a fee under this part;
1205 (ii) include a copy of the ordinance imposing the fee; and
1206 (iii) if the county enacts or changes the fee under this section, state the amount of the
1207fee.
1208 Section 22. Section 41-1a-1305 is amended to read:
1209 41-1a-1305. License plate and registration card violations -- Class C
1210misdemeanor.
1211 It is a class C misdemeanor:
1212 (1) to break, injure, interfere with, or remove from any vehicle any seal, lock, or device
1213on it for holding or displaying any license plate or registration card attached for denoting
1214registration and identity of the vehicle;
1215 (2) to remove from any registered vehicle the license plate or registration card issued or
1216attached to it for its registration;
1217 (3) to place or display any license plate or registration card upon any other vehicle than
1218the one for which it was issued by the division;
1219 (4) to use or permit the use or display of any license plate, registration card, or permit
1220upon or in the operation of any vehicle other than that for which it was issued;
1221 (5) to operate upon any highway of this state any vehicle required by law to be
1222registered without having the license plate or plates securely attached, except that the
1223registration card issued by the division to all trailers and semitrailers shall be carried in the
1224towing vehicle;
1225 (6) for any weighmaster to knowingly make any false entry in his record of weights of
1226vehicles subject to registration or to knowingly report to the commission or division any false
1227information regarding the weights;
1228 (7) for any inspector, officer, agent, employee, or other person performing any of the
1229functions required for the registration or operation of vehicles subject to registration, to do,
1230permit, cause, connive at, or permit to be done any act with the intent, or knowledge that the
1231probable effect of the act would be to injure any person, deprive him of his property, or to
1232injure or defraud the state with respect to its revenues relating to title or registration of
1233vehicles;
1234 (8) for any person to combine or conspire with another to do, attempt to do, or cause or 01-25-23 1:28 PM 1st Sub. (Buff) H.B. 26
- 41 -
1235allow any of the acts in this chapter classified as a misdemeanor;
1236 (9) to operate any motor vehicle with a camper mounted on it upon any highway
1237without displaying a current registration decal in clear sight upon the rear of the camper, issued
1238by the county assessor of the county in which the camper has situs for taxation;
1239 (10) to manufacture, use, display, or sell any facsimile or reproduction of any license
1240plate issued by the division or any article that would appear to be a substitute for a license
1241plate; or
1242 (11) to fail to return to the division any registration card, license plate or plates,
1243registration decal, permit, or title that has been canceled, suspended, voided, or revoked.
1244 Section 23. Section 41-1a-1601 is enacted to read:
1245 41-1a-1601. Definitions.
1246 As used in this part:
1247 (1) "Applicant" means a registered owner who submits an application to obtain or
1248renew a sponsored special group license plate in accordance with this part.
1249 (2) (a) "Charitable purpose" means:
1250 (i) relief of the poor, the distressed, or the underprivileged;
1251 (ii) advancement of religion;
1252 (iii) advancement of education or science;
1253 (iv) erecting or maintaining a public building, monument, or work;
1254 (v) reducing the burdens of government;
1255 (vi) reducing neighborhood tensions;
1256 (vii) eliminating prejudice and discrimination;
1257 (viii) defending human rights and civil rights secured by law; or
1258 (ix) combating community deterioration and juvenile delinquency.
1259 (b) "Charitable purpose" does not include providing, encouraging, or paying for the
1260costs of obtaining an abortion.
1261 (3) "Collegiate special group license plate" means a sponsored special group license
1262plate issued to a contributor to an institution.
1263 (4) "Contributor" means an applicant who contributes the required contribution to a
1264sponsoring organization for a sponsored special group license plate.
1265 (5) (a) "Existing special group license plate" means a special group license plate that 1st Sub. (Buff) H.B. 26 01-25-23 1:28 PM
- 42 -
1266the division issues before January 1, 2024.
1267 (b) "Existing special group license plate" does not include a special group license plate
1268described in Subsection 41-1a-418(1)(a) or (b).
1269 (6) "Existing state agency recognition special group license plate" means an existing
1270special group license plate issued to a registered owner who:
1271 (a) has a special license that supports or furthers a government purpose;
1272 (b) has achieved an accomplishment that supports or furthers a government purpose;
1273 (c) has received an honor that supports or furthers a government purpose;
1274 (d) has achieved an accomplishment that supports or furthers a government purpose; or
1275 (e) holds an elected office.
1276 (7) "Institution" means:
1277 (a) a state institution of higher education as defined in Section 53B-3-102; or
1278 (b) a private institution of higher education in the state accredited by a regional or
1279national accrediting agency recognized by the United States Department of Education.
1280 (8) (a) "Private nonprofit organization" means a private nonprofit organization that:
1281 (i) qualifies as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
1282and
1283 (ii) has a charitable purpose.
1284 (b) "Private nonprofit organization" does not include an organization that provides,
1285encourages, or pays for the costs of obtaining an abortion.
1286 (9) "Private nonprofit special group license plate" means a sponsored special group
1287license plate issued to a contributor to a private nonprofit organization.
1288 (10) "Required contribution" means:
1289 (a) the minimum annual contribution amount established under Subsection
129041-1a-1603(4)(a)(iii); or
1291 (b) if the sponsoring organization establishes a minimum annual contribution amount
1292in accordance with Subsection 41-1a-1603(4)(b) that is greater than the minimum required
1293contribution amount established under Subsection 41-1a-1603(4)(a)(iii), the amount the
1294sponsoring organization establishes.
1295 (11) "Sponsored special group license plate" means a license plate:
1296 (a) designed for and associated with a sponsoring organization; and 01-25-23 1:28 PM 1st Sub. (Buff) H.B. 26
- 43 -
1297 (b) issued to an applicant in accordance with this part.
1298 (12) "Sponsoring organization" means an institution, a private nonprofit organization,
1299or a state agency that is or seeks to be associated with a sponsored special group license plate
1300created under this part.
1301 (13) "State agency recognition special group license plate" means a sponsored special
1302group license plate issued to an applicant who:
1303 (a) has a special license that supports or furthers a government purpose;
1304 (b) has achieved an accomplishment that supports or furthers a government purpose;
1305 (c) has received an honor that supports or furthers a government purpose;
1306 (d) has achieved an accomplishment that supports or furthers a government purpose; or
1307 (e) holds an elected office.
1308 (14) "State agency support special group license plate" means:
1309 (a) a sponsored special group license plate issued to a contributor to a state agency to
1310support a specific state agency program; or
1311 (b) an existing special group license plate issued for a special interest vehicle.
1312 Section 24. Section 41-1a-1602 is enacted to read:
1313 41-1a-1602. Sponsored special group license plate program.
1314 (1) The division shall establish and administer a sponsored special group license plate
1315program as described in this part.
1316 (2) The division shall issue to an applicant who satisfies the requirements of this part
1317one of the following:
1318 (a) a collegiate special group license plate;
1319 (b) a private nonprofit special group license plate;
1320 (c) a state agency support special group license plate; or
1321 (d) a state agency recognition special group license plate.
1322 Section 25. Section 41-1a-1603 is enacted to read:
1323 41-1a-1603. Application Requirements -- Fees -- Contributions -- Rulemaking.
1324 (1) An applicant for a sponsored special group license plate shall submit to the
1325division:
1326 (a) in a form and manner that the division prescribes, a complete application;
1327 (b) payment of the fee for the issuance of the sponsored special group license plate 1st Sub. (Buff) H.B. 26 01-25-23 1:28 PM
- 44 -
1328established under Subsection (4)(a)(i);
1329 (c) the required contribution for the sponsored special group license plate, unless the
1330applicant previously paid the required contribution as part of a preorder application described
1331in Subsection (4); and
1332 (d) if the sponsoring organization elects to require verification as described in Section
133341-1a-1604, a verification form obtained from the sponsoring organization.
1334 (2) An applicant who owns a vehicle with the sponsoring organization's sponsored
1335special group license plate shall submit to the division the required contribution to renew the
1336sponsored special group license plate.
1337 (3) (a) An applicant who wishes to obtain a new type of sponsored special group
1338license plate may preorder the new type of sponsored special group license plate by:
1339 (i) submitting to the sponsoring organization associated with the new type of sponsored
1340special group license plate a complete preorder form created by the division; and
1341 (ii) making the required contribution to the sponsoring organization.
1342 (b) After the division approves the sponsoring organization's request for the new type
1343of sponsored special group license plate under Section 41-1a-1604, an applicant who submitted
1344a preorder in accordance with Subsection (3)(a) may apply for the sponsored special group
1345license plate in accordance with Subsection (1).
1346 (4) (a) The division shall, in accordance with Section 63J-1-504, establish:
1347 (i) the fee to charge an applicant for the division's costs of issuing or renewing a
1348sponsored special group license plate or symbol decal;
1349 (ii) the fee to charge a sponsoring organization for the division's costs of designing and
1350administering a new type of sponsored special group license plate; and
1351 (iii) subject to Subsection (4)(b), in an amount equal to at least $25, the minimum
1352annual contribution amount an applicant is required to make to obtain or renew the sponsoring
1353organization's sponsored special group license plate.
1354 (b) A fee paid in accordance with Subsections (4)(a)(i) or (ii) shall be deposited into
1355the License Plate Restricted Account created in Subsection 41-1a-1201(10).
1356 (c) A sponsoring organization may establish a required contribution amount for the
1357sponsoring organization's sponsored special group license plate that is greater than the amount
1358established by the division under Subsection (4)(a)(iii). 01-25-23 1:28 PM 1st Sub. (Buff) H.B. 26
- 45 -
1359 (5) An applicant's contribution is a voluntary contribution for funding the sponsoring
1360organization's activities and not a motor vehicle registration fee.
1361 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1362commission may make rules to establish and administer the sponsored special group license
1363plate program.
1364 Section 26. Section 41-1a-1604 is enacted to read:
1365 41-1a-1604. New sponsored special group license plates -- Eligibility criteria.
1366 (1) If a sponsoring organization satisfies the requirements of this part, the division shall
1367approve an application for a new type of sponsored special group license plate and issue the
1368sponsored special group license plate in accordance with this part.
1369 (2) Subject to the other provisions of this part, a sponsoring organization requesting a
1370new type of sponsored special group license plate shall submit to the division, in a form and
1371manner the division prescribes:
1372 (a) a complete application requesting the new type of sponsored special group license
1373plate that includes:
1374 (i) information about the sponsoring organization the division needs to process the
1375request;
1376 (ii) contact information for an individual representing the sponsoring organization;
1377 (iii) if the sponsoring organization establishes a required contribution amount under
1378Subsection 41-1a-1603(4)(b) that is greater than the minimum required contribution amount
1379established under Subsection 41-1a-1603(4)(a)(iii), the amount of the required contribution;
1380 (iv) account information to allow the division to disburse funds from required
1381contributions the division collects through the sponsored special group license plate program to
1382the sponsoring organization;
1383 (v) a link to a functional website described in Subsection (7); and
1384 (vi) if the sponsoring organization requires an applicant to submit a verification form
1385described in Subsection (8)(b)(i), a statement indicating that a verification form is required;
1386 (b) at least 500 complete preorder applications for the new type of sponsored special
1387group license plate, including verification that each preorder application included the required
1388contribution;
1389 (c) the fee for the cost of designing and administering the new type of sponsored 1st Sub. (Buff) H.B. 26 01-25-23 1:28 PM
- 46 -
1390special group license plate established under Subsection 41-1a-1603(4)(a)(ii); and
1391 (d) if the new type of sponsored special group license plate is a private nonprofit
1392special group license plate:
1393 (i) a copy of the Internal Revenue Service letter approving the sponsoring
1394organization's Section 501(c)(3) status;
1395 (ii) an affidavit signed under penalty of perjury declaring that the sponsoring
1396organization has a charitable purpose; and
1397 (iii) an indication of the private nonprofit organization's charitable purpose.
1398 (3) If an application under Subsection (2) is for a special group license plate that was
1399discontinued in accordance with this part, each registered vehicle with the discontinued special
1400group license plate is considered a complete preorder application for the purposes of
1401Subsection (2)(b).
1402 (4) The division:
1403 (a) may share data collected under Subsection (2)(d)(iii) with the Legislature and the
1404state auditor;
1405 (b) may not use the information in Subsection (2)(d)(iii) in deciding whether to
1406approve the sponsoring organization's application; and
1407 (c) is not required to evaluate the accuracy or veracity of information the private
1408nonprofit organization provides under Subsection (2)(d).
1409 (5) Except as otherwise provided in this part, the division may not begin design work
1410on or issue a new type of sponsored special group license plate unless the sponsoring
1411organization satisfies the requirements of Subsection (2).
1412 (6) A sponsoring organization that is a state agency may request a state agency
1413recognition special group license plate without meeting the minimum preorder requirements of
1414Subsection (2)(b) if:
1415 (a) the governor certifies that there is a legitimate government operations purpose for
1416issuing the state agency recognition special group license plate; and
1417 (b) through appropriation or any other source, funds are available to cover the startup
1418and administrative costs of the state agency recognition special group license plate.
1419 (7) A sponsoring organization of a sponsored special group license plate issued in
1420accordance with this part shall maintain a functional website that: 01-25-23 1:28 PM 1st Sub. (Buff) H.B. 26
- 47 -
1421 (a) explains how the sponsoring organization will use the required contributions in
1422accordance with this part;
1423 (b) if applicable, makes available the sponsoring organization's most recent Internal
1424Revenue Service Form 990; and
1425 (c) provides instructions for how to obtain a verification form if the sponsoring
1426organization elects to require verification in accordance with Subsection (8).
1427 (8) (a) A sponsoring organization may establish eligibility requirements for the
1428sponsoring organization's sponsored special group license plate.
1429 (b) If a sponsoring organization establishes eligibility requirements under this
1430subsection, the sponsoring organization shall:
1431 (i) inform the division that a verification form is required as part of an application for
1432the sponsoring organization's sponsored special group license plate;
1433 (ii) establish a process for providing a verification form to an applicant; and
1434 (iii) provide a verification form prescribed by the division to an applicant who satisfies
1435the sponsoring organization's eligibility requirements.
1436 (9) The division shall begin issuing the new type of sponsored special group license
1437plate no later than six months after the day on which the division receives the items described
1438in Subsection (2).
1439 (10) The division may:
1440 (a) consider a request for a sponsored special group license plate for two or more
1441military branches as a request for a single type of sponsored special group license plate for the
1442purposes of meeting the eligibility criteria described in this section; and
1443 (b) charge an appropriate fee for ordering multiple symbol decals for each military
1444branch.
1445 Section 27. Section 41-1a-1605 is enacted to read:
1446 41-1a-1605. Collegiate special group license plates.
1447 (1) A sponsoring organization that is an institution shall only use funds received
1448through the sponsored special group license plate program for the institution's academic
1449scholarships.
1450 (2) The state auditor may audit each institution to verify that the money an institution
1451collects from contributors is used only for academic scholarships. 1st Sub. (Buff) H.B. 26 01-25-23 1:28 PM
- 48 -
1452 Section 28. Section 41-1a-1606 is enacted to read:
1453 41-1a-1606. Private nonprofit special group license plates.
1454 (1) A sponsoring organization that is a private nonprofit organization shall:
1455 (a) only use funds received through the sponsored special group license plate program
1456for the charitable purpose described in the private nonprofit organization's application
1457submitted to the division under Section 41-1a-1603; and
1458 (b) may not use funds received through the sponsored special group license plate
1459program to pay the private nonprofit organization's employee salaries or benefits,
1460administrative costs, or fundraising expenses.
1461 (2) A private nonprofit organization may collect a contributor's personal information
1462for the purposes of future fundraising and any required reporting, if the private nonprofit
1463organization requires a verification form described in Section 41-1a-1604.
1464 (3) The state auditor may audit each private nonprofit organization to verify that the
1465money the private nonprofit organization collects from contributors is used for the private
1466nonprofit organization's charitable purpose in accordance with this part.
1467 Section 29. Section 41-1a-1607 is enacted to read:
1468 41-1a-1607. State agency special group license plates.
1469 A sponsoring organization that is a state agency:
1470 (1) shall only use funds received through the sponsored special group license plate
1471program for the implementation or administration of the state agency's designated program; and
1472 (2) may not direct funds received through the sponsored special group license plate
1473program to a nongovernmental entity.
1474 Section 30. Section 41-1a-1608 is enacted to read:
1475 41-1a-1608. Review -- Discontinuance.
1476 (1) The division shall annually review each sponsored special group license plate to
1477determine the number of registered vehicles with each type of sponsored special group license
1478plate during the preceding calendar year.
1479 (2) (a) The division shall discontinue a type of sponsored special group license plate if
1480for two consecutive calendar years, the division's annual review shows that fewer than 500
1481registered vehicles have that type of sponsored special group license plate.
1482 (b) The division shall discontinue a sponsored special group license plate under 01-25-23 1:28 PM 1st Sub. (Buff) H.B. 26
- 49 -
1483Subsection (2)(a) beginning January 1 of the calendar year following the year of the second
1484annual review.
1485 (3) If the division discontinues a type of sponsored special group license plate in
1486accordance with this section, the division may not reinstate the sponsored special group license
1487plate unless the sponsoring organization submits a request for the discontinued sponsored
1488special group license plate in the same manner as a request for a new type of sponsored special
1489group license plate under Section 41-1a-1604.
1490 (4) (a) A registered owner to whom the division issued an existing special group
1491license plate or a sponsored special group license plate that the division discontinues in
1492accordance with this section or Section 41-1a-1609 may continue to display the license plate
1493upon renewing the motor vehicle's registration.
1494 (b) A registered owner described in Subsection (4)(a) is not required to pay a required
1495contribution to the sponsoring organization associated with the sponsored special group license
1496plate.
1497 (5) The division may not transfer to a new registered owner a special group license
1498plate that is discontinued under this part.
1499 (6) Subsection (2) does not apply to a state agency recognition special group license
1500plate that is an existing special group license plate.
1501 Section 31. Section 41-1a-1609 is enacted to read:
1502 41-1a-1609. Transition of existing special group license plates.
1503 (1) (a) Except as provided in this section, on March 31, 2024, the division shall
1504discontinue each existing special group license plate.
1505 (b) The division may not issue an existing special group license plate that the division
1506discontinues in accordance with this Subsection (1).
1507 (2) (a) Subject to the other provisions of this part, the division may issue an existing
1508special group license plate on or after March 31, 2024, if:
1509 (i) before March 31, 2024, the sponsoring organization submits to the division a
1510request for the existing special group license plate in the same manner as a request for a new
1511type of sponsored special group license plate under Section 41-1a-1604; and
1512 (ii) except for an existing state agency recognition special group license plate described
1513in Subsection (6) or (8), there are at least 500 registered vehicles with the existing special 1st Sub. (Buff) H.B. 26 01-25-23 1:28 PM
- 50 -
1514group license plate on December 31, 2023.
1515 (b) For an application described in Subsection (2)(a), the requirements described in
1516Subsection 41-1a-1604(2)(b) do not apply.
1517 (3) (a) A private nonprofit organization may be a sponsoring organization of an
1518existing special group license plate only if the sponsoring organization received contributions
1519related to the existing special group license plate on or after January 1, 2023.
1520 (b) Subsection (3)(a) does not apply to an existing special group license plate described
1521in Subsection (7).
1522 (4) If a sponsoring organization that is a state agency submits a request described in
1523Subsection (2)(a), upon notice to the division and with the private nonprofit organization's
1524agreement, the sponsoring organization may transfer the existing special group license plate to
1525a private nonprofit organization to sponsor the special group license plate as a private nonprofit
1526special group license plate.
1527 (5) After the division discontinues an existing special group license plate in accordance
1528with this section, the division may not reinstate the special group license plate unless the
1529sponsoring organization submits a request for the existing special group license plate in the
1530same manner as a request for a new type of sponsored special group license plate under Section
153141-1a-1604.
1532 (6) If a state agency submits a request under this section or Section 41-1a-1604 for one
1533of the following existing special group license plates and meets the requirements of this part,
1534the division shall reinstate the existing special group license plate as a state agency recognition
1535special group license plate:
1536 (a) a veteran special group license plate issued to:
1537 (i) a survivor of the Japanese attack on Pearl Harbor;
1538 (ii) a former prisoner of war;
1539 (iii) a Purple Heart recipient;
1540 (iv) a disabled veteran; or
1541 (v) a recipient of a gold star award issued by the United States Secretary of Defense; or
1542 (b) a recognition special group license plate issued for:
1543 (i) a current member of the Legislature;
1544 (ii) a current member of the United States Congress; 01-25-23 1:28 PM 1st Sub. (Buff) H.B. 26
- 51 -
1545 (iii) a current member of the National Guard;
1546 (iv) an individual supporting the Utah Wing of the Civil Air Patrol;
1547 (v) a licensed amateur radio operator;
1548 (vi) an emergency medical technician;
1549 (vii) an individual supporting commemoration and recognition of women's suffrage; or
1550 (viii) an individual supporting the recognition and continuation of the work and life of
1551Dr. Martin Luther King, Jr.
1552 (7) If a private nonprofit organization submits a request under this section or Section
155341-1a-1604 for one of the following existing special group license plates and meets the
1554requirements of this part, the division shall reinstate the existing special group license plate as a
1555private nonprofit special group license plate to:
1556 (a) a current member of a search and rescue team; or
1557 (b) a fraternal initiatic order recognition.
1558 (8) If a state agency submits a request under this section or Section 41-1a-1604 for an
1559existing special group license plate issued to a campaign or combat theater award recipient and
1560meets the requirements of this part, the division shall reinstate the existing special group
1561license plate as a state agency recognition special group license plate.
1562 (9) The requirements of this part related to a required contribution do not apply to a
1563special group license plate described in Subsection (6) or (7) unless the sponsoring
1564organization informs the division in the sponsoring organization's request under this section or
1565Section 41-1a-1604 that the sponsoring organization requires a required contribution.
1566 (10) (a) A person with an existing recognition special group license plate that is an
1567honorary consul designated by the United States Department of State shall return the honorary
1568consul recognition special group license plate to the division and may not display the honorary
1569consul special group license plate.
1570 (b) Upon renewal of the vehicle registration related to a vehicle with an honorary
1571consul recognition special group license plate, the division shall issue a new license plate to
1572replace the honorary consul special group license plate.
1573 Section 32. Section 41-1a-1610 is enacted to read:
1574 41-1a-1610. Sponsored Special Group License Plate Fund.
1575 (1) As used in this section, "fund" means the Sponsored Special Group License Plate 1st Sub. (Buff) H.B. 26 01-25-23 1:28 PM
- 52 -
1576Fund created in Subsection (2).
1577 (2) There is created an expendable special revenue fund known as the "Sponsored
1578Special Group License Plate Fund."
1579 (3) The fund consists of all required contributions the division collects under this part.
1580 (4) The division shall, at least annually, disburse to each sponsoring organization any
1581money, less any fees or actual administrative costs associated with issuing a sponsoring
1582organization's sponsored special group license plate, from the fund.
1583 Section 33. Section 41-6a-1642 is amended to read:
1584 41-6a-1642. Emissions inspection -- County program.
1585 (1) The legislative body of each county required under federal law to utilize a motor
1586vehicle emissions inspection and maintenance program or in which an emissions inspection
1587and maintenance program is necessary to attain or maintain any national ambient air quality
1588standard shall require:
1589 (a) a certificate of emissions inspection, a waiver, or other evidence the motor vehicle
1590is exempt from emissions inspection and maintenance program requirements be presented:
1591 (i) as a condition of registration or renewal of registration; and
1592 (ii) at other times as the county legislative body may require to enforce inspection
1593requirements for individual motor vehicles, except that the county legislative body may not
1594routinely require a certificate of emissions inspection, or waiver of the certificate, more often
1595than required under Subsection (9); and
1596 (b) compliance with this section for a motor vehicle registered or principally operated
1597in the county and owned by or being used by a department, division, instrumentality, agency, or
1598employee of:
1599 (i) the federal government;
1600 (ii) the state and any of its agencies; or
1601 (iii) a political subdivision of the state, including school districts.
1602 (2) A vehicle owner subject to Subsection (1) shall obtain a motor vehicle emissions
1603inspection and maintenance program certificate of emissions inspection as described in
1604Subsection (1), but the program may not deny vehicle registration based solely on the presence
1605of a defeat device covered in the Volkswagen partial consent decrees or a United States
1606Environmental Protection Agency-approved vehicle modification in the following vehicles: 01-25-23 1:28 PM 1st Sub. (Buff) H.B. 26
- 53 -
1607 (a) a 2.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide
1608emissions are mitigated in the state pursuant to a partial consent decree, including:
1609 (i) Volkswagen Jetta, model years 2009, 2010, 2011, 2012, 2013, 2014, and 2015;
1610 (ii) Volkswagen Jetta Sportwagen, model years 2009, 2010, 2011, 2012, 2013, and
16112014;
1612 (iii) Volkswagen Golf, model years 2010, 2011, 2012, 2013, 2014, and 2015;
1613 (iv) Volkswagen Golf Sportwagen, model year 2015;
1614 (v) Volkswagen Passat, model years 2012, 2013, 2014, and 2015;
1615 (vi) Volkswagen Beetle, model years 2013, 2014, and 2015;
1616 (vii) Volkswagen Beetle Convertible, model years 2013, 2014, and 2015; and
1617 (viii) Audi A3, model years 2010, 2011, 2012, 2013, and 2015; and
1618 (b) a 3.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide
1619emissions are mitigated in the state to a settlement, including:
1620 (i) Volkswagen Touareg, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015, and
16212016;
1622 (ii) Audi Q7, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015, and 2016;
1623 (iii) Audi A6 Quattro, model years 2014, 2015, and 2016;
1624 (iv) Audi A7 Quattro, model years 2014, 2015, and 2016;
1625 (v) Audi A8, model years 2014, 2015, and 2016;
1626 (vi) Audi A8L, model years 2014, 2015, and 2016;
1627 (vii) Audi Q5, model years 2014, 2015, and 2016; and
1628 (viii) Porsche Cayenne Diesel, model years 2013, 2014, 2015, and 2016.
1629 (3) (a) The legislative body of a county identified in Subsection (1), in consultation
1630with the Air Quality Board created under Section 19-1-106, shall make regulations or
1631ordinances regarding:
1632 (i) emissions standards;
1633 (ii) test procedures;
1634 (iii) inspections stations;
1635 (iv) repair requirements and dollar limits for correction of deficiencies; and
1636 (v) certificates of emissions inspections.
1637 (b) In accordance with Subsection (3)(a), a county legislative body: 1st Sub. (Buff) H.B. 26 01-25-23 1:28 PM
- 54 -
1638 (i) shall make regulations or ordinances to attain or maintain ambient air quality
1639standards in the county, consistent with the state implementation plan and federal
1640requirements;
1641 (ii) may allow for a phase-in of the program by geographical area; and
1642 (iii) shall comply with the analyzer design and certification requirements contained in
1643the state implementation plan prepared under Title 19, Chapter 2, Air Conservation Act.
1644 (c) The county legislative body and the Air Quality Board shall give preference to an
1645inspection and maintenance program that:
1646 (i) is decentralized, to the extent the decentralized program will attain and maintain
1647ambient air quality standards and meet federal requirements;
1648 (ii) is the most cost effective means to achieve and maintain the maximum benefit with
1649regard to ambient air quality standards and to meet federal air quality requirements as related to
1650vehicle emissions; and
1651 (iii) provides a reasonable phase-out period for replacement of air pollution emission
1652testing equipment made obsolete by the program.
1653 (d) The provisions of Subsection (3)(c)(iii) apply only to the extent the phase-out:
1654 (i) may be accomplished in accordance with applicable federal requirements; and
1655 (ii) does not otherwise interfere with the attainment and maintenance of ambient air
1656quality standards.
1657 (4) The following vehicles are exempt from an emissions inspection program and the
1658provisions of this section:
1659 (a) an implement of husbandry as defined in Section 41-1a-102;
1660 (b) a motor vehicle that:
1661 (i) meets the definition of a farm truck under Section 41-1a-102; and
1662 (ii) has a gross vehicle weight rating of 12,001 pounds or more;
1663 (c) a vintage vehicle as defined in Section 41-21-1:
1664 (i) if the vintage vehicle has a model year of 1980 or older; or
1665 (ii) for a vintage vehicle that has a model year of 1981 or newer, if the owner provides
1666proof of vehicle insurance that is a type specific to a vehicle collector;
1667 (d) a custom vehicle as defined in Section 41-6a-1507;
1668 (e) to the extent allowed under the current federally approved state implementation 01-25-23 1:28 PM 1st Sub. (Buff) H.B. 26
- 55 -
1669plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401, et seq., a motor
1670vehicle that is less than two years old on January 1 based on the age of the vehicle as
1671determined by the model year identified by the manufacturer;
1672 (f) a pickup truck, as defined in Section 41-1a-102, with a gross vehicle weight rating
1673of 12,000 pounds or less, if the registered owner of the pickup truck provides a signed
1674statement to the legislative body stating the truck is used:
1675 (i) by the owner or operator of a farm located on property that qualifies as land in
1676agricultural use under Sections 59-2-502 and 59-2-503; and
1677 (ii) exclusively for the following purposes in operating the farm:
1678 (A) for the transportation of farm products, including livestock and its products,
1679poultry and its products, floricultural and horticultural products; and
1680 (B) in the transportation of farm supplies, including tile, fence, and every other thing or
1681commodity used in agricultural, floricultural, horticultural, livestock, and poultry production
1682and maintenance;
1683 (g) a motorcycle as defined in Section 41-1a-102;
1684 (h) an electric motor vehicle as defined in Section 41-1a-102; and
1685 (i) a motor vehicle with a model year of 1967 or older.
1686 (5) The county shall issue to the registered owner who signs and submits a signed
1687statement under Subsection (4)(f) a certificate of exemption from emissions inspection
1688requirements for purposes of registering the exempt vehicle.
1689 (6) A legislative body of a county described in Subsection (1) may exempt from an
1690emissions inspection program a diesel-powered motor vehicle with a:
1691 (a) gross vehicle weight rating of more than 14,000 pounds; or
1692 (b) model year of 1997 or older.
1693 (7) The legislative body of a county required under federal law to utilize a motor
1694vehicle emissions inspection program shall require:
1695 (a) a computerized emissions inspection for a diesel-powered motor vehicle that has:
1696 (i) a model year of 2007 or newer;
1697 (ii) a gross vehicle weight rating of 14,000 pounds or less; and
1698 (iii) a model year that is five years old or older; and
1699 (b) a visual inspection of emissions equipment for a diesel-powered motor vehicle: 1st Sub. (Buff) H.B. 26 01-25-23 1:28 PM
- 56 -
1700 (i) with a gross vehicle weight rating of 14,000 pounds or less;
1701 (ii) that has a model year of 1998 or newer; and
1702 (iii) that has a model year that is five years old or older.
1703 (8) (a) Subject to Subsection (8)(c), the legislative body of each county required under
1704federal law to utilize a motor vehicle emissions inspection and maintenance program or in
1705which an emissions inspection and maintenance program is necessary to attain or maintain any
1706national ambient air quality standard may require each college or university located in a county
1707subject to this section to require its students and employees who park a motor vehicle not
1708registered in a county subject to this section to provide proof of compliance with an emissions
1709inspection accepted by the county legislative body if the motor vehicle is parked on the college
1710or university campus or property.
1711 (b) College or university parking areas that are metered or for which payment is
1712required per use are not subject to the requirements of this Subsection (8).
1713 (c) The legislative body of a county shall make the reasons for implementing the
1714provisions of this Subsection (8) part of the record at the time that the county legislative body
1715takes its official action to implement the provisions of this Subsection (8).
1716 (9) (a) An emissions inspection station shall issue a certificate of emissions inspection
1717for each motor vehicle that meets the inspection and maintenance program requirements
1718established in regulations or ordinances made under Subsection (3).
1719 (b) The frequency of the emissions inspection shall be determined based on the age of
1720the vehicle as determined by model year and shall be required annually subject to the
1721provisions of Subsection (9)(c).
1722 (c) (i) To the extent allowed under the current federally approved state implementation
1723plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401 et seq., the legislative
1724body of a county identified in Subsection (1) shall only require the emissions inspection every
1725two years for each vehicle.
1726 (ii) The provisions of Subsection (9)(c)(i) apply only to a vehicle that is less than six
1727years old on January 1.
1728 (iii) For a county required to implement a new vehicle emissions inspection and
1729maintenance program on or after December 1, 2012, under Subsection (1), but for which no
1730current federally approved state implementation plan exists, a vehicle shall be tested at a 01-25-23 1:28 PM 1st Sub. (Buff) H.B. 26
- 57 -
1731frequency determined by the county legislative body, in consultation with the Air Quality
1732Board created under Section 19-1-106, that is necessary to comply with federal law or attain or
1733maintain any national ambient air quality standard.
1734 (iv) If a county legislative body establishes or changes the frequency of a vehicle
1735emissions inspection and maintenance program under Subsection (9)(c)(iii), the establishment
1736or change shall take effect on January 1 if the State Tax Commission receives notice meeting
1737the requirements of Subsection (9)(c)(v) from the county before October 1.
1738 (v) The notice described in Subsection (9)(c)(iv) shall:
1739 (A) state that the county will establish or change the frequency of the vehicle emissions
1740inspection and maintenance program under this section;
1741 (B) include a copy of the ordinance establishing or changing the frequency; and
1742 (C) if the county establishes or changes the frequency under this section, state how
1743frequently the emissions testing will be required.
1744 (d) If an emissions inspection is only required every two years for a vehicle under
1745Subsection (9)(c), the inspection shall be required for the vehicle in:
1746 (i) odd-numbered years for vehicles with odd-numbered model years; or
1747 (ii) in even-numbered years for vehicles with even-numbered model years.
1748 (10) (a) Except as provided in Subsections (9)(b), (c), and (d), the emissions inspection
1749required under this section may be made no more than two months before the renewal of
1750registration.
1751 (b) (i) If the title of a used motor vehicle is being transferred, the owner may use an
1752emissions inspection certificate issued for the motor vehicle during the previous 11 months to
1753satisfy the requirement under this section.
1754 (ii) If the transferor is a licensed and bonded used motor vehicle dealer, the owner may
1755use an emissions inspection certificate issued for the motor vehicle in a licensed and bonded
1756motor vehicle dealer's name during the previous 11 months to satisfy the requirement under
1757this section.
1758 (c) If the title of a leased vehicle is being transferred to the lessee of the vehicle, the
1759lessee may use an emissions inspection certificate issued during the previous 11 months to
1760satisfy the requirement under this section.
1761 (d) If the motor vehicle is part of a fleet of 101 or more vehicles, the owner may not 1st Sub. (Buff) H.B. 26 01-25-23 1:28 PM
- 58 -
1762use an emissions inspection made more than 11 months before the renewal of registration to
1763satisfy the requirement under this section.
1764 (e) If the application for renewal of registration is for a six-month registration period
1765under Section 41-1a-215.5, the owner may use an emissions inspection certificate issued during
1766the previous eight months to satisfy the requirement under this section.
1767 (11) (a) A county identified in Subsection (1) shall collect information about and
1768monitor the program.
1769 (b) A county identified in Subsection (1) shall supply this information to an appropriate
1770legislative committee, as designated by the Legislative Management Committee, at times
1771determined by the designated committee to identify program needs, including funding needs.
1772 (12) If approved by the county legislative body, a county that had an established
1773emissions inspection fee as of January 1, 2002, may increase the established fee that an
1774emissions inspection station may charge by $2.50 for each year that is exempted from
1775emissions inspections under Subsection (9)(c) up to a $7.50 increase.
1776 (13) (a) Except as provided in Subsection 41-1a-1223(1)(c), a county identified in
1777Subsection (1) may impose a local emissions compliance fee on each motor vehicle registration
1778within the county in accordance with the procedures and requirements of Section 41-1a-1223.
1779 (b) A county that imposes a local emissions compliance fee may use revenues
1780generated from the fee for the establishment and enforcement of an emissions inspection and
1781maintenance program in accordance with the requirements of this section.
1782 (c) A county that imposes a local emissions compliance fee may use revenues
1783generated from the fee to promote programs to maintain a local, state, or national ambient air
1784quality standard.
1785 (14) (a) If a county has reason to believe that a vehicle owner has provided an address
1786as required in Section 41-1a-209 to register or attempt to register a motor vehicle in a county
1787other than the county of the bona fide residence of the owner in order to avoid an emissions
1788inspection required under this section, the county may investigate and gather evidence to
1789determine whether the vehicle owner has used a false address or an address other than the
1790vehicle owner's bona fide residence or place of business.
1791 (b) If a county conducts an investigation as described in Subsection (14)(a) and
1792determines that the vehicle owner has used a false or improper address in an effort to avoid an 01-25-23 1:28 PM 1st Sub. (Buff) H.B. 26
- 59 -
1793emissions inspection as required in this section, the county may impose a civil penalty of
1794$1,000.
1795 (15) A county legislative body described in Subsection (1) may exempt a motor vehicle
1796from an emissions inspection if:
1797 (a) the motor vehicle is 30 years old or older;
1798 (b) the county determines that the motor vehicle was driven less than 1,500 miles
1799during the preceding 12-month period; and
1800 (c) the owner provides to the county legislative body a statement signed by the owner
1801that states the motor vehicle:
1802 (i) is primarily a collector's item used for:
1803 (A) participation in club activities;
1804 (B) exhibitions;
1805 (C) tours; or
1806 (D) parades; or
1807 (ii) is only used for occasional transportation.
1808 Section 34. Section 53-8-214 is amended to read:
1809 53-8-214. Creation of the Motor Vehicle Safety Impact Restricted Account.
1810 (1) There is created a restricted account within the General Fund known as the Motor
1811Vehicle Safety Impact Restricted Account.
1812 (2) The account includes:
1813 (a) deposits made to the restricted account from registration fees as described in
1814Subsection [41-1a-1201(8);] 41-1a-1201(7);
1815 (b) donations or deposits made to the account; and
1816 (c) any interest earned on the account.
1817 (3) Upon appropriation, the division may use funds in the account to improve motor
1818vehicle safety, mitigate impacts, and enforce safety provisions, including the following:
1819 (a) hiring new Highway Patrol troopers;
1820 (b) payment of overtime for Highway Patrol troopers; and
1821 (c) acquisition of equipment to improve motor vehicle safety impacts and enforcement.
1822 (4) The division shall annually report to the Executive Offices and Criminal Justice
1823Appropriations Subcommittee to justify expenditures and use of funds in the account. 1st Sub. (Buff) H.B. 26 01-25-23 1:28 PM
- 60 -
1824 Section 35. Section 59-10-1319 is amended to read:
1825 59-10-1319. Contribution to Clean Air Fund.
1826 (1) (a) There is created an expendable special revenue fund known as the "Clean Air
1827Fund."
1828 (b) The fund shall consist of all amounts deposited into the fund in accordance with
1829Subsection (2).
1830 (2) (a) Except as provided in Section 59-10-1304, for a taxable year beginning on or
1831after January 1, 2017, a resident or nonresident individual who files an individual income tax
1832return under this chapter may designate on the resident or nonresident individual's individual
1833income tax return a contribution as provided in this section to be:
1834 (i) deposited into the Clean Air Fund; and
1835 (ii) expended as provided in Subsection (3).
1836 (b) The fund shall also consist of amounts deposited into the fund through:
1837 [(i) contributions deposited into the account in accordance with Section 41-1a-422;]
1838 [(ii)] (i) private contributions; and
1839 [(iii)] (ii) donations or grants from public or private entities.
1840 (3) (a) At least once each year, the commission shall disburse from the Clean Air Fund
1841all money deposited into the fund since the last disbursement.
1842 (b) The commission shall disburse money under Subsection (3)(a) to the Division of
1843Air Quality for the purpose of:
1844 (i) providing money for grants to individuals or organizations in the state to fund
1845activities intended to improve air quality in the state;
1846 (ii) enhancing programs designed to educate the public about the importance of air
1847quality to the health, well-being, and livelihood of individuals in the state; and
1848 (iii) pay the costs of issuing or reordering Clean Air Support special group license plate
1849decals.
1850 Section 36. Section 62A-15-1103 is amended to read:
1851 62A-15-1103. Governor's Suicide Prevention Fund.
1852 (1) There is created an expendable special revenue fund known as the Governor's
1853Suicide Prevention Fund.
1854 (2) The fund shall consist of donations [described in Section 41-1a-422], gifts, grants, 01-25-23 1:28 PM 1st Sub. (Buff) H.B. 26
- 61 -
1855and bequests of real property or personal property made to the fund.
1856 (3) A donor to the fund may designate a specific purpose for the use of the donor's
1857donation, if the designated purpose is described in Subsection (4).
1858 (4) (a) Subject to Subsection (3), money in the fund shall be used for the following
1859activities:
1860 (i) efforts to directly improve mental health crisis response;
1861 (ii) efforts that directly reduce risk factors associated with suicide; and
1862 (iii) efforts that directly enhance known protective factors associated with suicide
1863reduction.
1864 (b) Efforts described in Subsections (4)(a)(ii) and (iii) include the components of the
1865state suicide prevention program described in Subsection 62A-15-1101(3).
1866 (5) The division shall establish a grant application and review process for the
1867expenditure of money from the fund.
1868 (6) The grant application and review process shall describe:
1869 (a) requirements to complete a grant application;
1870 (b) requirements to receive funding;
1871 (c) criteria for the approval of a grant application;
1872 (d) standards for evaluating the effectiveness of a project proposed in a grant
1873application; and
1874 (e) support offered by the division to complete a grant application.
1875 (7) The division shall:
1876 (a) review a grant application for completeness;
1877 (b) make a recommendation to the governor or the governor's designee regarding a
1878grant application;
1879 (c) send a grant application to the governor or the governor's designee for evaluation
1880and approval or rejection;
1881 (d) inform a grant applicant of the governor or the governor's designee's determination
1882regarding the grant application; and
1883 (e) direct the fund administrator to release funding for grant applications approved by
1884the governor or the governor's designee.
1885 (8) The state treasurer shall invest the money in the fund under Title 51, Chapter 7, 1st Sub. (Buff) H.B. 26 01-25-23 1:28 PM
- 62 -
1886State Money Management Act, except that all interest or other earnings derived from money in
1887the fund shall be deposited into the fund.
1888 (9) Money in the fund may not be used for the Office of the Governor's administrative
1889expenses that are normally provided for by legislative appropriation.
1890 (10) The governor or the governor's designee may authorize the expenditure of fund
1891money in accordance with this section.
1892 (11) The governor shall make an annual report to the Legislature regarding the status of
1893the fund, including a report on the contributions received, expenditures made, and programs
1894and services funded.
1895 Section 37. Section 63G-26-103 is amended to read:
1896 63G-26-103. Protection of personal information.
1897 (1) Except as provided in Subsections (2), (3), and (5), a public agency may not:
1898 (a) require an individual to provide the public agency with personal information or
1899otherwise compel the release of personal information;
1900 (b) require an entity exempt from federal income tax under Section 501(c) of the
1901Internal Revenue Code to provide the public agency with personal information or compel the
1902entity to release personal information;
1903 (c) release, publicize, or otherwise publicly disclose personal information in possession
1904of a public agency; or
1905 (d) request or require a current or prospective contractor or grantee of the public
1906agency to provide the public agency with a list of entities exempt from federal income tax
1907under Section 501(c) of the Internal Revenue Code to which the contractor or grantee has
1908provided financial or nonfinancial support.
1909 (2) Subsection (1) does not apply to:
1910 (a) a disclosure of personal information required under Title 20A, Election Code, Title
191136, Chapter 11, Lobbyist Disclosure and Regulation Act, or any other legal requirement
1912relating to reporting campaign contributions, campaign expenditures, lobbying disclosures, or
1913lobbying expenditures;
1914 (b) a disclosure of personal information expressly required by law;
1915 (c) a disclosure of personal information voluntarily made:
1916 (i) as part of public comment or in a public meeting; or 01-25-23 1:28 PM 1st Sub. (Buff) H.B. 26
- 63 -
1917 (ii) in another manner that is publicly accessible;
1918 (d) a disclosure of personal information pursuant to a warrant or court order issued by a
1919court of competent jurisdiction;
1920 (e) a lawful request for discovery of personal information in litigation or a criminal
1921proceeding;
1922 (f) the use of personal information in a legal proceeding;
1923 (g) a public agency sharing personal information with another public agency in
1924accordance with the requirements of law; or
1925 (h) a nonprofit created under Title 11, Chapter 13a, Governmental Nonprofit
1926Corporations Act.
1927 (3) Subsections (1)(a), (b), and (d) do not apply to:
1928 (a) administration or enforcement of Title 13, Chapter 11, Utah Consumer Sales
1929Practices Act, or Title 13, Chapter 22, Charitable Solicitations Act;
1930 (b) the request or use of personal information necessary to the State Tax Commission's
1931administration of tax or motor vehicle laws; or
1932 (c) access to personal information by the Office of the Legislative Auditor General or
1933the state auditor's office to conduct an audit.
1934 (4) A court shall consider whether to:
1935 (a) limit a request for discovery of personal information; or
1936 (b) issue a protective order in relation to the disclosure of personal information
1937obtained or used in relation to a legal proceeding.
1938 (5) Subsection (1) does not apply to disclosure of a contributor[, as defined in Section
193941-1a-422,] to a sponsoring organization [described in Subsection 41-1a-422(3).], as those
1940terms are defined in Section 41-1a-1601.
1941 Section 38. Section 63I-1-241 is amended to read:
1942 63I-1-241. Repeal dates: Title 41.
1943 (1) Subsection [41-1a-1201(9),] 41-1a-1201(8), related to the Spinal Cord and Brain
1944Injury Rehabilitation Fund, is repealed January 1, 2025.
1945 (2) Section 41-3-106, which creates an advisory board related to motor vehicle
1946business regulation, is repealed July 1, 2024.
1947 (3) The following subsections addressing lane filtering are repealed on July 1, 2027: 1st Sub. (Buff) H.B. 26 01-25-23 1:28 PM
- 64 -
1948 (a) Subsection 41-6a-102(31) that defines "lane filtering";
1949 (b) Subsection 41-6a-704(5); and
1950 (c) Subsection 41-6a-710(1)(c).
1951 (4) Subsection 41-6a-1406(6)(c)(iii), related to the Spinal Cord and Brain Injury
1952Rehabilitation Fund, is repealed January 1, 2025.
1953 (5) Subsections 41-22-2(1) and 41-22-10(1)(a), which authorize an advisory council
1954that includes in the advisory council's duties addressing off-highway vehicle issues, are
1955repealed July 1, 2027.
1956 (6) Subsection 41-22-8(3), related to the Spinal Cord and Brain Injury Rehabilitation
1957Fund, is repealed January 1, 2025.
1958 Section 39. Section 63I-1-263 is amended to read:
1959 63I-1-263. Repeal dates: Titles 63A to 63N.
1960 (1) Subsection 63A-5b-405(5), relating to prioritizing and allocating capital
1961improvement funding, is repealed July 1, 2024.
1962 (2) Section 63A-5b-1003, State Facility Energy Efficiency Fund, is repealed July 1,
19632023.
1964 (3) Sections 63A-9-301 and 63A-9-302, related to the Motor Vehicle Review
1965Committee, are repealed July 1, 2023.
1966 (4) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
1967 (a) Section 63A-18-102 is repealed;
1968 (b) Section 63A-18-201 is repealed; and
1969 (c) Section 63A-18-202 is repealed.
1970 (5) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
19711, 2028.
1972 (6) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
19732025.
1974 (7) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
19752024.
1976 (8) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
1977repealed July 1, 2023.
1978 (9) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed 01-25-23 1:28 PM 1st Sub. (Buff) H.B. 26
- 65 -
1979July 1, 2023.
1980 (10) Title 63C, Chapter 23, Education and Mental Health Coordinating Council, is
1981repealed July 1, 2026.
1982 (11) Title 63C, Chapter 27, Cybersecurity Commission, is repealed July 1, 2032.
1983 (12) Title 63C, Chapter 28, Ethnic Studies Commission, is repealed July 1, 2026.
1984 (13) Section 63G-6a-805, which creates the Purchasing from Persons with Disabilities
1985Advisory Board, is repealed July 1, 2026.
1986 (14) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
19872028.
1988 (15) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
19892024.
1990 (16) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
1991 [(17) Subsection 63J-1-602.1(17), relating to the Nurse Home Visiting Restricted
1992Account, is repealed July 1, 2026.]
1993 [(18)] (17) Subsection 63J-1-602.2(6), referring to dedicated credits to the Utah
1994Marriage Commission, is repealed July 1, 2023.
1995 [(19)] (18) Subsection 63J-1-602.2(7), referring to the Trip Reduction Program, is
1996repealed July 1, 2022.
1997 [(20)] (19) Subsection 63J-1-602.2(26), related to the Utah Seismic Safety
1998Commission, is repealed January 1, 2025.
1999 [(21)] (20) Title 63L, Chapter 11, Part 4, Resource Development Coordinating
2000Committee, is repealed July 1, 2027.
2001 [(22)] (21) In relation to the Utah Substance Use and Mental Health Advisory Council,
2002on January 1, 2033:
2003 (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
2004repealed;
2005 (b) Section 63M-7-305, the language that states "council" is replaced with
2006"commission";
2007 (c) Subsection 63M-7-305(1)(a) is repealed and replaced with:
2008 "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
2009 (d) Subsection 63M-7-305(2) is repealed and replaced with: 1st Sub. (Buff) H.B. 26 01-25-23 1:28 PM
- 66 -
2010 "(2) The commission shall:
2011 (a) provide ongoing oversight of the implementation, functions, and evaluation of the
2012Drug-Related Offenses Reform Act; and
2013 (b) coordinate the implementation of Section 77-18-104 and related provisions in
2014Subsections 77-18-103(2)(c) and (d).".
2015 [(23)] (22) The Crime Victim Reparations and Assistance Board, created in Section
201663M-7-504, is repealed July 1, 2027.
2017 [(24)] (23) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1,
20182026.
2019 [(25)] (24) Title 63N, Chapter 1b, Part 4, Women in the Economy Subcommittee, is
2020repealed January 1, 2025.
2021 [(26)] (25) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
2022 [(27)] (26) Section 63N-2-512, related to the Hotel Impact Mitigation Fund, is repealed
2023July 1, 2028.
2024 [(28)] (27) Title 63N, Chapter 3, Part 9, Strategic Innovation Grant Pilot Program, is
2025repealed July 1, 2027.
2026 [(29)] (28) Title 63N, Chapter 3, Part 11, Manufacturing Modernization Grant
2027Program, is repealed July 1, 2025.
2028 [(30)] (29) In relation to the Rural Employment Expansion Program, on July 1, 2023:
2029 (a) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed;
2030and
2031 (b) Subsection 63N-4-805(5)(b), referring to the Rural Employment Expansion
2032Program, is repealed.
2033 [(31)] (30) In relation to the Board of Tourism Development, on July 1, 2025:
2034 (a) Subsection 63N-2-511(1)(b), which defines "tourism board," is repealed;
2035 (b) Subsections 63N-2-511(3)(a) and (5), the language that states "tourism board" is
2036repealed and replaced with "Utah Office of Tourism";
2037 (c) Subsection 63N-7-101(1), which defines "board," is repealed;
2038 (d) Subsection 63N-7-102(3)(c), which requires the Utah Office of Tourism to receive
2039approval from the Board of Tourism Development, is repealed; and
2040 (e) Title 63N, Chapter 7, Part 2, Board of Tourism Development, is repealed. 01-25-23 1:28 PM 1st Sub. (Buff) H.B. 26
- 67 -
2041 [(32)] (31) Subsection 63N-8-103(3)(c), which allows the Governor's Office of
2042Economic Opportunity to issue an amount of tax credit certificates only for rural productions,
2043is repealed on July 1, 2024.
2044 Section 40. Section 63I-2-204 is amended to read:
2045 63I-2-204. Repeal dates: Title 4.
2046 (1) Title 4, Chapter 2, Part 6, Local Food Advisory Council, is repealed November 30,
20472027.
2048 (2) Title 4, Chapter 42, Utah Intracurricular Student Organization Support for
2049Agricultural Education and Leadership, is repealed on July 1, 2024.
2050 [(2)] (3) Section 4-46-104, Transition, is repealed July 1, 2024.
2051 Section 41. Section 63I-2-209 is amended to read:
2052 63I-2-209. Repeal dates: Title 9.
2053 (1) Section 9-9-112, Bears Ears Visitor Center Advisory Committee, is repealed
2054December 31, 2024.
2055 (2) Title 9, Chapter 6, Part 9, COVID-19 Cultural Assistance Grant Program, is
2056repealed June 30, 2021.
2057 (3) Title 9, Chapter 17, Humanitarian Service and Educational and Cultural Exchange
2058Restricted Account Act, is repealed on July 1, 2024.
2059 (4) Title 9, Chapter 18, Martin Luther King, Jr. Civil Rights Support Restricted
2060Account Act, is repealed on July 1, 2024.
2061 (5) Title 9, Chapter 19, National Professional Men's Soccer Team Support of Building
2062Communities Restricted Account Act, is repealed on July 1, 2024.
2063 Section 42. Section 63I-2-213 is amended to read:
2064 63I-2-213. Repeal dates: Title 13.
2065 (1) Section 13-1-16 is repealed on July 1, 2024.
2066 (2) Title 13, Chapter 47, Private Employer Verification Act, is repealed on the program
2067start date, as defined in Section 63G-12-102.
2068 Section 43. Section 63I-2-219 is amended to read:
2069 63I-2-219. Repeal dates: Title 19.
2070 (1) Section 19-1-109 is repealed on July 1, 2024.
2071 [(1)] (2) Subsections 19-2-109.2(2) through (10), related to the Compliance Advisory 1st Sub. (Buff) H.B. 26 01-25-23 1:28 PM
- 68 -
2072Panel, are repealed July 1, 2023.
2073 [(2)] (3) Section 19-2a-102.5, addressing a study and recommendations for a diesel
2074emission reduction program, is repealed July 1, 2024.
2075 Section 44. Section 63I-2-223 is amended to read:
2076 63I-2-223. Repeal dates: Title 23.
2077 Section 23-14-13.5 is repealed on July 1, 2024.
2078 Section 45. Section 63I-2-226 is amended to read:
2079 63I-2-226. Repeal dates: Title 26 through 26B.
2080 (1) Subsection 26-2-12.6(3), relating to the report for birth certificate fees, is repealed
2081December 31, 2022.
2082 (2) Subsection 26-7-8(3) is repealed January 1, 2027.
2083 (3) Section 26-8a-107 is repealed July 1, 2024.
2084 (4) Subsection 26-8a-203(3)(a)(i) is repealed January 1, 2023.
2085 (5) Section 26-8a-211 is repealed July 1, 2023.
2086 (6) In relation to the Air Ambulance Committee, on July 1, 2024, Subsection
208726-8a-602(1)(a) is amended to read:
2088 "(a) provide the patient or the patient's representative with the following information
2089before contacting an air medical transport provider:
2090 (i) which health insurers in the state the air medical transport provider contracts with;
2091 (ii) if sufficient data is available, the average charge for air medical transport services
2092for a patient who is uninsured or out of network; and
2093 (iii) whether the air medical transport provider balance bills a patient for any charge not
2094paid by the patient's health insurer; and".
2095 (7) Subsection 26-18-2.4(3)(e) is repealed January 1, 2023.
2096 (8) Subsection 26-18-411(8), related to reporting on the health coverage improvement
2097program, is repealed January 1, 2023.
2098 (9) Subsection 26-18-420(5), related to reporting on coverage for in vitro fertilization
2099and genetic testing, is repealed July 1, 2030.
2100 (10) In relation to the Air Ambulance Committee, July 1, 2024, Subsection
210126-21-32(1)(a) is amended to read:
2102 "(a) provide the patient or the patient's representative with the following information 01-25-23 1:28 PM 1st Sub. (Buff) H.B. 26
- 69 -
2103before contacting an air medical transport provider:
2104 (i) which health insurers in the state the air medical transport provider contracts with;
2105 (ii) if sufficient data is available, the average charge for air medical transport services
2106for a patient who is uninsured or out of network; and
2107 (iii) whether the air medical transport provider balance bills a patient for any charge not
2108paid by the patient's health insurer; and".
2109 (11) Section 26-21a-302 is repealed on July 1, 2024.
2110 (12) Section 26-21a-304 is repealed on July 1, 2024.
2111 [(11)] (13) Subsection 26-33a-106.1(2)(a) is repealed January 1, 2023.
2112 [(12)] (14) Title 26, Chapter 46, Utah Health Care Workforce Financial Assistance
2113Program, is repealed July 1, 2027.
2114 (15) Section 26-58-102 is repealed on July 1, 2024.
2115 [(13)] (16) Subsection 26-61-202(4)(b) is repealed January 1, 2022.
2116 [(14)] (17) Subsection 26-61-202(5) is repealed January 1, 2022.
2117 [(15)] (18) Subsection 26B-1-204(2)(f), relating to the Air Ambulance Committee, is
2118repealed July 1, 2024.
2119 (19) Section 26B-1-302 is repealed on July 1, 2024.
2120 Section 46. Section 63I-2-253 is amended to read:
2121 63I-2-253. Repeal dates: Titles 53 through 53G.
2122 (1) Section 53-1-118 is repealed on July 1, 2024.
2123 (2) Section 53-1-120 is repealed on July 1, 2024.
2124 (3) Section 53-7-109 is repealed on July 1, 2024.
2125 [(1)] (4) (a) Subsection 53B-2a-108(5), regarding exceptions to the composition of a
2126technical college board of trustees, is repealed July 1, 2022.
2127 (b) When repealing Subsection 53B-2a-108(5), the Office of Legislative Research and
2128General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
2129necessary changes to subsection numbering and cross references.
2130 [(2)] (5) Section 53B-6-105.7 is repealed July 1, 2024.
2131 [(3)] (6) Section 53B-7-707 regarding performance metrics for technical colleges is
2132repealed July 1, 2023.
2133 [(4)] (7) Section 53B-8-114 is repealed July 1, 2024. 1st Sub. (Buff) H.B. 26 01-25-23 1:28 PM
- 70 -
2134 [(5)] (8) The following provisions, regarding the Regents' scholarship program, are
2135repealed on July 1, 2023:
2136 (a) in Subsection 53B-8-105(12), the language that states, "or any scholarship
2137established under Sections 53B-8-202 through 53B-8-205";
2138 (b) Section 53B-8-202;
2139 (c) Section 53B-8-203;
2140 (d) Section 53B-8-204; and
2141 (e) Section 53B-8-205.
2142 [(6)] (9) Section 53B-10-101 is repealed on July 1, 2027.
2143 [(7)] (10) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project, is
2144repealed July 1, 2023.
2145 [(8)] (11) Subsection 53E-1-201(1)(s) regarding the report by the Educational
2146Interpretation and Translation Services Procurement Advisory Council is repealed July 1, 2024.
2147 [(9)] (12) Section 53E-1-202.2, regarding a Public Education Appropriations
2148Subcommittee evaluation and recommendations, is repealed January 1, 2024.
2149 [(10)] (13) Subsection 53E-10-309(7), related to the PRIME pilot program, is repealed
2150July 1, 2024.
2151 [(11)] (14) In Subsections 53F-2-205(4) and (5), regarding the State Board of
2152Education's duties if contributions from the minimum basic tax rate are overestimated or
2153underestimated, the language that states "or 53F-2-301.5, as applicable" is repealed July 1,
21542023.
2155 [(12)] (15) Section 53F-2-209, regarding local education agency budgetary flexibility,
2156is repealed July 1, 2024.
2157 [(13)] (16) Subsection 53F-2-301(1), relating to the years the section is not in effect, is
2158repealed July 1, 2023.
2159 [(14)] (17) Section 53F-2-302.1, regarding the Enrollment Growth Contingency
2160Program, is repealed July 1, 2023.
2161 [(15)] (18) Subsection 53F-2-314(4), relating to a one-time expenditure between the
2162at-risk WPU add-on funding and previous at-risk funding, is repealed January 1, 2024.
2163 [(16)] (19) Section 53F-2-524, regarding teacher bonuses for extra work assignments,
2164is repealed July 1, 2024. 01-25-23 1:28 PM 1st Sub. (Buff) H.B. 26
- 71 -
2165 [(17)] (20) In Subsection 53F-2-515(1), the language that states "or 53F-2-301.5, as
2166applicable" is repealed July 1, 2023.
2167 [(18)] (21) Subsection 53F-4-401(3)(b), regarding a child enrolled or eligible for
2168enrollment in kindergarten, is repealed July 1, 2022.
2169 [(19)] (22) In Subsection 53F-4-404(4)(c), the language that states "Except as provided
2170in Subsection (4)(d)" is repealed July 1, 2022.
2171 [(20)] (23) Subsection 53F-4-404(4)(d) is repealed July 1, 2022.
2172 [(21)] (24) In Subsection 53F-9-302(3), the language that states "or 53F-2-301.5, as
2173applicable" is repealed July 1, 2023.
2174 [(22)] (25) In Subsection 53F-9-305(3)(a), the language that states "or 53F-2-301.5, as
2175applicable" is repealed July 1, 2023.
2176 [(23)] (26) In Subsection 53F-9-306(3)(a), the language that states "or 53F-2-301.5, as
2177applicable" is repealed July 1, 2023.
2178 [(24)] (27) In Subsection 53G-3-304(1)(c)(i), the language that states "or 53F-2-301.5,
2179as applicable" is repealed July 1, 2023.
2180 (28) Section 53F-9-401 is repealed on July 1, 2024.
2181 (29) Section 53F-9-403 is repealed on July 1, 2024.
2182 [(25)] (30) On July 1, 2023, when making changes in this section, the Office of
2183Legislative Research and General Counsel shall, in addition to the office's authority under
2184Subsection 36-12-12(3), make corrections necessary to ensure that sections and subsections
2185identified in this section are complete sentences and accurately reflect the office's perception of
2186the Legislature's intent.
2187 Section 47. Section 63I-2-261 is amended to read:
2188 63I-2-261. Repeal dates: Title 61.
2189 Section 61-2-204 is repealed on July 1, 2024
2190 Section 48. Section 63I-2-263 is amended to read:
2191 63I-2-263. Repeal dates: Title 63A to Title 63N.
2192 (1) Title 63A, Chapter 2, Part 5, Educational Interpretation and Translation Services
2193Procurement Advisory Council is repealed July 1, 2025.
2194 (2) Section 63A-17-303 is repealed July 1, 2023.
2195 (3) Subsection 63A-17-304(1)(c) is repealed July 1, 2022. 1st Sub. (Buff) H.B. 26 01-25-23 1:28 PM
- 72 -
2196 (4) Title 63C, Chapter 22, Digital Wellness, Citizenship, and Safe Technology
2197Commission is repealed July 1, 2023.
2198 (5) Section 63G-1-502 is repealed July 1, 2022.
2199 (6) The following sections regarding the World War II Memorial Commission are
2200repealed July 1, 2022:
2201 (a) Section 63G-1-801;
2202 (b) Section 63G-1-802;
2203 (c) Section 63G-1-803; and
2204 (d) Section 63G-1-804.
2205 [(7) Title 63H, Chapter 5, Utah State Railroad Museum Authority, is repealed on July
22061, 2022.]
2207 (8) Section 63H-7a-303 is repealed July 1, 2024.
2208 (9) Subsection 63H-7a-403(2)(b), regarding the charge to maintain the public safety
2209communications network, is repealed July 1, 2033.
2210 (10) Subsection 63J-1-602.2(44), which lists appropriations to the State Tax
2211Commission for property tax deferral reimbursements, is repealed July 1, 2027.
2212 (11) Sections 63M-7-213 and 63M-7-213.5 are repealed January 1, 2023.
2213 (12) Section 63M-7-217 is repealed July 1, 2022.
2214 (13) Subsection 63N-2-213(12)(a), relating to claiming a tax credit in the same taxable
2215year as the targeted business income tax credit, is repealed December 31, 2024.
2216 (14) Title 63N, Chapter 2, Part 3, Targeted Business Income Tax Credit in an
2217Enterprise Zone, is repealed December 31, 2024.
2218 Section 49. Section 63I-2-272 is amended to read:
2219 63I-2-272. Repeal dates: Title 72.
2220 (1) Subsections 72-1-213.1(13)(a) and (b), related to the road usage charge rate and
2221road usage charge cap, are repealed January 1, 2033.
2222 (2) Section 72-1-216.1 is repealed January 1, 2023.
2223 (3) Section72-2-127 is repealed on July 1, 2024.
2224 (4) Section 72-2-130 is repealed on July 1, 2024.
2225 [(3)] (5) Section 72-4-105.1 is repealed on January 1, 2024.
2226 Section 50. Section 63I-2-278 is amended to read: 01-25-23 1:28 PM 1st Sub. (Buff) H.B. 26
- 73 -
2227 63I-2-278. Repeal dates: Title 78A and Title 78B.
2228 (1) Section 78A-2-804 is repealed on July 1, 2024.
2229 [(1)] (2) If Title 78B, Chapter 6, Part 22, Cause of Action to Protect Minors from
2230Unfiltered Devices, is not in effect before January 1, 2031, Title 78B, Chapter 6, Part 22, Cause
2231of Action to Protect Minors from Unfiltered Devices, is repealed January 1, 2031.
2232 [(2)] (3) Sections 78B-12-301 and 78B-12-302 are repealed on January 1, 2025.
2233 Section 51. Section 63I-2-279 is amended to read:
2234 63I-2-279. Repeal dates: Title 79.
2235 (1) Section 79-2-206, Transition, is repealed July 1, 2024.
2236 (2) Title 79, Chapter 6, Part 8, Voluntary Home Energy Information Pilot Program Act,
2237is repealed January 1, 2022.
2238 (3) Section 79-7-303 is repealed on July 1, 2024.
2239 Section 52. Section 63I-2-280 is enacted to read:
2240 63I-2-280. Repeal dates: Title 80.
2241 Section 80-2-502 is repealed on July 1, 2024.
2242 Section 53. Section 63J-1-602.1 is amended to read:
2243 63J-1-602.1. List of nonlapsing appropriations from accounts and funds.
2244 Appropriations made from the following accounts or funds are nonlapsing:
2245 [(1) The Utah Intracurricular Student Organization Support for Agricultural Education
2246and Leadership Restricted Account created in Section 4-42-102.]
2247 [(2)] (1) The Native American Repatriation Restricted Account created in Section
22489-9-407.
2249 [(3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
2250Section 9-18-102.]
2251 [(4) The National Professional Men's Soccer Team Support of Building Communities
2252Restricted Account created in Section 9-19-102.]
2253 [(5)] (2) Funds collected for directing and administering the C-PACE district created in
2254Section 11-42a-106.
2255 [(6)] (3) Money received by the Utah Inland Port Authority, as provided in Section
225611-58-105.
2257 [(7) The "Latino Community Support Restricted Account" created in Section 13-1-16.] 1st Sub. (Buff) H.B. 26 01-25-23 1:28 PM
- 74 -
2258 [(8) The Clean Air Support Restricted Account created in Section 19-1-109.]
2259 [(9)] (4) The Division of Air Quality Oil, Gas, and Mining Restricted Account created
2260in Section 19-2a-106.
2261 [(10)] (5) The Division of Water Quality Oil, Gas, and Mining Restricted Account
2262created in Section 19-5-126.
2263 [(11) The "Support for State-Owned Shooting Ranges Restricted Account" created in
2264Section 23-14-13.5.]
2265 [(12)] (6) Award money under the State Asset Forfeiture Grant Program, as provided
2266under Section 24-4-117.
2267 [(13)] (7) Funds collected from the program fund for local health department expenses
2268incurred in responding to a local health emergency under Section 26-1-38.
2269 [(14) The Children with Cancer Support Restricted Account created in Section
227026-21a-304.]
2271 [(15)] (8) State funds for matching federal funds in the Children's Health Insurance
2272Program as provided in Section 26-40-108.
2273 [(16) The Children with Heart Disease Support Restricted Account created in Section
227426-58-102.]
2275 [(17)] (9) The Technology Development Restricted Account created in Section
227631A-3-104.
2277 [(18)] (10) The Criminal Background Check Restricted Account created in Section
227831A-3-105.
2279 [(19)] (11) The Captive Insurance Restricted Account created in Section 31A-3-304,
2280except to the extent that Section 31A-3-304 makes the money received under that section free
2281revenue.
2282 [(20)] (12) The Title Licensee Enforcement Restricted Account created in Section
228331A-23a-415.
2284 [(21)] (13) The Health Insurance Actuarial Review Restricted Account created in
2285Section 31A-30-115.
2286 [(22)] (14) The Insurance Fraud Investigation Restricted Account created in Section
228731A-31-108.
2288 [(23)] (15) The Underage Drinking Prevention Media and Education Campaign 01-25-23 1:28 PM 1st Sub. (Buff) H.B. 26
- 75 -
2289Restricted Account created in Section 32B-2-306.
2290 [(24)] (16) The Drinking While Pregnant Prevention Media and Education Campaign
2291Restricted Account created in Section 32B-2-308.
2292 [(25)] (17) The School Readiness Restricted Account created in Section 35A-15-203.
2293 [(26)] (18) Money received by the Utah State Office of Rehabilitation for the sale of
2294certain products or services, as provided in Section 35A-13-202.
2295 [(27)] (19) The Oil and Gas Administrative Penalties Account created in Section
229640-6-11.
2297 [(28)] (20) The Oil and Gas Conservation Account created in Section 40-6-14.5.
2298 [(29)] (21) The Division of Oil, Gas, and Mining Restricted account created in Section
229940-6-23.
2300 [(30)] (22) The Electronic Payment Fee Restricted Account created by Section
230141-1a-121 to the Motor Vehicle Division.
2302 (23) The License Plate Restricted Account created by Section 41-1a-122 to the Motor
2303Vehicle Division.
2304 [(31)] (24) The Motor Vehicle Enforcement Division Temporary Permit Restricted
2305Account created by Section 41-3-110 to the State Tax Commission.
2306 [(32) The Utah Law Enforcement Memorial Support Restricted Account created in
2307Section 53-1-120.]
2308 [(33)] (25) The State Disaster Recovery Restricted Account to the Division of
2309Emergency Management, as provided in Section 53-2a-603.
2310 [(34)] (26) The Post Disaster Recovery and Mitigation Restricted Account created in
2311Section 53-2a-1302.
2312 [(35)] (27) The Department of Public Safety Restricted Account to the Department of
2313Public Safety, as provided in Section 53-3-106.
2314 [(36)] (28) The Utah Highway Patrol Aero Bureau Restricted Account created in
2315Section 53-8-303.
2316 [(37)] (29) The DNA Specimen Restricted Account created in Section 53-10-407.
2317 [(38)] (30) The Canine Body Armor Restricted Account created in Section 53-16-201.
2318 [(39)] (31) The Technical Colleges Capital Projects Fund created in Section
231953B-2a-118. 1st Sub. (Buff) H.B. 26 01-25-23 1:28 PM
- 76 -
2320 [(40)] (32) The Higher Education Capital Projects Fund created in Section
232153B-22-202.
2322 [(41)] (33) A certain portion of money collected for administrative costs under the
2323School Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
2324 [(42)] (34) The Public Utility Regulatory Restricted Account created in Section
232554-5-1.5, subject to Subsection 54-5-1.5(4)(d).
2326 [(43)] (35) Funds collected from a surcharge fee to provide certain licensees with
2327access to an electronic reference library, as provided in Section 58-3a-105.
2328 [(44)] (36) Certain fines collected by the Division of Professional Licensing for
2329violation of unlawful or unprofessional conduct that are used for education and enforcement
2330purposes, as provided in Section 58-17b-505.
2331 [(45)] (37) Funds collected from a surcharge fee to provide certain licensees with
2332access to an electronic reference library, as provided in Section 58-22-104.
2333 [(46)] (38) Funds collected from a surcharge fee to provide certain licensees with
2334access to an electronic reference library, as provided in Section 58-55-106.
2335 [(47)] (39) Funds collected from a surcharge fee to provide certain licensees with
2336access to an electronic reference library, as provided in Section 58-56-3.5.
2337 [(48)] (40) Certain fines collected by the Division of Professional Licensing for use in
2338education and enforcement of the Security Personnel Licensing Act, as provided in Section
233958-63-103.
2340 [(49)] (41) The Relative Value Study Restricted Account created in Section 59-9-105.
2341 [(50)] (42) The Cigarette Tax Restricted Account created in Section 59-14-204.
2342 [(51)] (43) Funds paid to the Division of Real Estate for the cost of a criminal
2343background check for a mortgage loan license, as provided in Section 61-2c-202.
2344 [(52)] (44) Funds paid to the Division of Real Estate for the cost of a criminal
2345background check for principal broker, associate broker, and sales agent licenses, as provided
2346in Section 61-2f-204.
2347 [(53)] (45) Certain funds donated to the Department of Health and Human Services, as
2348provided in Section 26B-1-202.
2349 [(54) The National Professional Men's Basketball Team Support of Women and
2350Children Issues Restricted Account created in Section 26B-1-302.] 01-25-23 1:28 PM 1st Sub. (Buff) H.B. 26
- 77 -
2351 [(55)] (46) Certain funds donated to the Division of Child and Family Services, as
2352provided in Section 80-2-404.
2353 [(56) The Choose Life Adoption Support Restricted Account created in Section
235480-2-502.]
2355 [(57)] (47) Funds collected by the Office of Administrative Rules for publishing, as
2356provided in Section 63G-3-402.
2357 [(58)] (48) The Immigration Act Restricted Account created in Section 63G-12-103.
2358 [(59)] (49) Money received by the military installation development authority, as
2359provided in Section 63H-1-504.
2360 [(60)] (50) The Computer Aided Dispatch Restricted Account created in Section
236163H-7a-303.
2362 [(61)] (51) The Unified Statewide 911 Emergency Service Account created in Section
236363H-7a-304.
2364 [(62)] (52) The Utah Statewide Radio System Restricted Account created in Section
236563H-7a-403.
2366 [(63)] (53) The Utah Capital Investment Restricted Account created in Section
236763N-6-204.
2368 [(64)] (54) The Motion Picture Incentive Account created in Section 63N-8-103.
2369 [(65)] (55) Certain money payable for expenses of the Pete Suazo Utah Athletic
2370Commission, as provided under Section 63N-10-301.
2371 [(66)] (56) Funds collected by the housing of state probationary inmates or state parole
2372inmates, as provided in Subsection 64-13e-104(2).
2373 [(67)] (57) Certain forestry and fire control funds utilized by the Division of Forestry,
2374Fire, and State Lands, as provided in Section 65A-8-103.
2375 [(68)] (58) The Amusement Ride Safety Restricted Account, as provided in Section
237672-16-204.
2377 [(69)] (59) Certain funds received by the Office of the State Engineer for well drilling
2378fines or bonds, as provided in Section 73-3-25.
2379 [(70)] (60) The Water Resources Conservation and Development Fund, as provided in
2380Section 73-23-2.
2381 [(71)] (61) Funds donated or paid to a juvenile court by private sources, as provided in 1st Sub. (Buff) H.B. 26 01-25-23 1:28 PM
- 78 -
2382Subsection 78A-6-203(1)(c).
2383 [(72)] (62) Fees for certificate of admission created under Section 78A-9-102.
2384 [(73)] (63) Funds collected for adoption document access as provided in Sections
238578B-6-141, 78B-6-144, and 78B-6-144.5.
2386 [(74)] (64) Funds collected for indigent defense as provided in Title 78B, Chapter 22,
2387Part 4, Utah Indigent Defense Commission.
2388 [(75)] (65) The Utah Geological Survey Oil, Gas, and Mining Restricted Account
2389created in Section 79-3-403.
2390 [(76)] (66) Revenue for golf user fees at the Wasatch Mountain State Park, Palisades
2391State Park, and Green River State Park, as provided under Section 79-4-403.
2392 [(77) Funds donated as described in Section 41-1a-422 for the State Park Fees
2393Restricted Account created in Section 79-4-402 for support of the Division of State Parks' dark
2394sky initiative.]
2395 [(78)] (67) Certain funds received by the Division of State Parks from the sale or
2396disposal of buffalo, as provided under Section 79-4-1001.
2397 Section 54. Section 63J-1-602.2 is amended to read:
2398 63J-1-602.2. List of nonlapsing appropriations to programs.
2399 Appropriations made to the following programs are nonlapsing:
2400 (1) The Legislature and the Legislature's committees.
2401 (2) The State Board of Education, including all appropriations to agencies, line items,
2402and programs under the jurisdiction of the State Board of Education, in accordance with
2403Section 53F-9-103.
2404 (3) The Percent-for-Art Program created in Section 9-6-404.
2405 (4) The LeRay McAllister Critical Land Conservation Program created in Section
24064-46- 301.
2407 (5) The Utah Lake Authority created in Section 11-65-201.
2408 (6) Dedicated credits accrued to the Utah Marriage Commission as provided under
2409Subsection 17-16-21(2)(d)(ii).
2410 (7) The Division of Wildlife Resources for the appraisal and purchase of lands under
2411the Pelican Management Act, as provided in Section 23-21a-6.
2412 (8) The Emergency Medical Services Grant Program in Section 26-8a-207. 01-25-23 1:28 PM 1st Sub. (Buff) H.B. 26
- 79 -
2413 (9) The primary care grant program created in Section 26-10b-102.
2414 (10) Sanctions collected as dedicated credits from Medicaid providers under
2415Subsection 26-18-3(7).
2416 (11) The Utah Health Care Workforce Financial Assistance Program created in Section
241726-46-102.
2418 (12) The Rural Physician Loan Repayment Program created in Section 26-46a-103.
2419 (13) The Opiate Overdose Outreach Pilot Program created in Section 26-55-107.
2420 (14) The Utah Medical Education Council for the:
2421 (a) administration of the Utah Medical Education Program created in Section
242226-69-403;
2423 (b) provision of medical residency grants described in Section 26-69-407; and
2424 (c) provision of the forensic psychiatric fellowship grant described in Section
242526-69-408.
2426 (15) Funds that the Department of Alcoholic Beverage Services retains in accordance
2427with Subsection 32B-2-301(8)(a) or (b).
2428 (16) The General Assistance program administered by the Department of Workforce
2429Services, as provided in Section 35A-3-401.
2430 (17) The Utah National Guard, created in [Title 39, Militia and Armories] Title 39A,
2431National Guard and Militia Act.
2432 [(18) The State Tax Commission under Section 41-1a-1201 for the:]
2433 [(a) purchase and distribution of license plates and decals; and]
2434 [(b) administration and enforcement of motor vehicle registration requirements.]
2435 [(19)] (18) The Search and Rescue Financial Assistance Program, as provided in
2436Section 53-2a-1102.
2437 [(20)] (19) The Motorcycle Rider Education Program, as provided in Section 53-3-905.
2438 [(21)] (20) The Utah Board of Higher Education for teacher preparation programs, as
2439provided in Section 53B-6-104.
2440 [(22)] (21) Innovation grants under Section 53G-10-608, except as provided in
2441Subsection 53G-10-608(6).
2442 [(23)] (22) The Division of Services for People with Disabilities, as provided in
2443Section 62A-5-102. 1st Sub. (Buff) H.B. 26 01-25-23 1:28 PM
- 80 -
2444 [(24)] (23) The Division of Fleet Operations for the purpose of upgrading underground
2445storage tanks under Section 63A-9-401.
2446 [(25)] (24) The Utah Seismic Safety Commission, as provided in Section 63C-6-104.
2447 [(26)] (25) The Division of Technology Services for technology innovation as provided
2448under Section 63A-16-903.
2449 [(27)] (26) The Office of Administrative Rules for publishing, as provided in Section
245063G-3-402.
2451 [(28)] (27) The Colorado River Authority of Utah, created in Title 63M, Chapter 14,
2452Colorado River Authority of Utah Act.
2453 [(29)] (28) The Governor's Office of Economic Opportunity to fund the Enterprise
2454Zone Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
2455 [(30)] (29) The Governor's Office of Economic Opportunity's Rural Employment
2456Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural Employment
2457Expansion Program.
2458 [(31)] (30) Programs for the Jordan River Recreation Area as described in Section
245965A-2-8.
2460 [(32)] (31) The Division of Human Resource Management user training program, as
2461provided in Section 63A-17-106.
2462 [(33)] (32) A public safety answering point's emergency telecommunications service
2463fund, as provided in Section 69-2-301.
2464 [(34)] (33) The Traffic Noise Abatement Program created in Section 72-6-112.
2465 [(35)] (34) The money appropriated from the Navajo Water Rights Negotiation
2466Account to the Division of Water Rights, created in Section 73-2-1.1, for purposes of
2467participating in a settlement of federal reserved water right claims.
2468 [(36)] (35) The Judicial Council for compensation for special prosecutors, as provided
2469in Section 77-10a-19.
2470 [(37)] (36) A state rehabilitative employment program, as provided in Section
247178A-6-210.
2472 [(38)] (37) The Utah Geological Survey, as provided in Section 79-3-401.
2473 [(39)] (38) The Bonneville Shoreline Trail Program created under Section 79-5-503.
2474 [(40)] (39) Adoption document access as provided in Sections 78B-6-141, 78B-6-144, 01-25-23 1:28 PM 1st Sub. (Buff) H.B. 26
- 81 -
2475and 78B-6-144.5.
2476 [(41)] (40) Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent
2477Defense Commission.
2478 [(42)] (41) The program established by the Division of Facilities Construction and
2479Management under Section 63A-5b-703 under which state agencies receive an appropriation
2480and pay lease payments for the use and occupancy of buildings owned by the Division of
2481Facilities Construction and Management.
2482 [(43)] (42) The State Tax Commission for reimbursing counties for deferred property
2483taxes in accordance with Section 59-2-1802.
2484 Section 55. Section 71-8-2 is amended to read:
2485 71-8-2. Department of Veterans and Military Affairs created -- Appointment of
2486executive director -- Department responsibilities.
2487 (1) There is created the Department of Veterans and Military Affairs.
2488 (2) The governor shall appoint an executive director for the department, after
2489consultation with the Veterans Advisory Council, who is subject to Senate confirmation.
2490 (a) The executive director shall be an individual who:
2491 (i) has served on active duty in the armed forces for more than 180 consecutive days;
2492 (ii) was a member of a reserve component who served in a campaign or expedition for
2493which a campaign medal has been authorized; or
2494 (iii) incurred an actual service-related injury or disability in the line of duty, whether or
2495not that person completed 180 consecutive days of active duty; and
2496 (iv) was separated or retired under honorable conditions.
2497 (b) Any veteran or veterans group may submit names to the council for consideration.
2498 (3) The department shall:
2499 (a) conduct and supervise all veteran activities as provided in this title;
2500 [(b) determine which campaign or combat theater awards are eligible for a special
2501group license plate in accordance with Section 41-1a-418;]
2502 [(c) verify that an applicant for a campaign or combat theater award special group
2503license plate is qualified to receive it;]
2504 [(d) provide an applicant that qualifies a form indicating the campaign or combat
2505theater award special group license plate for which the applicant qualifies;] 1st Sub. (Buff) H.B. 26 01-25-23 1:28 PM
- 82 -
2506 [(e)] (b) adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative
2507Rulemaking Act, to carry out the provisions of this title; and
2508 [(f)] (c) ensure that any training or certification required of a public official or public
2509employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
251022, State Training and Certification Requirements, if the training or certification is required:
2511 (i) under this title;
2512 (ii) by the department; or
2513 (iii) by an agency or division within the department.
2514 (4) (a) The department may award grants for the purpose of supporting veteran and
2515military outreach, employment, education, healthcare, homelessness prevention, and
2516recognition events.
2517 (b) The department may award a grant described in Subsection (4)(a) to:
2518 (i) an institution of higher education listed in Section 53B-1-102;
2519 (ii) a nonprofit organization involved in veterans or military-related activities; or
2520 (iii) a political subdivision of the state.
2521 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2522department shall make rules for the administration of grants, including establishing:
2523 (i) the form and process for submitting an application to the department;
2524 (ii) the method and criteria for selecting a grant recipient;
2525 (iii) the method and formula for determining a grant amount; and
2526 (iv) the reporting requirements of a grant recipient.
2527 (d) A grant may be awarded by the department only after consultation with the
2528Veterans Advisory Council.
2529 (5) Nothing in this chapter shall be construed as altering or preempting the provisions
2530of [Title 39, Militia and Armories] Title 39A, National Guard and Militia Act, as specifically
2531related to the Utah National Guard.
2532 Section 56. Section 71-8-4 is amended to read:
2533 71-8-4. Veterans Advisory Council -- Membership -- Duties and responsibilities --
2534Per diem and travel expenses.
2535 (1) There is created a Veterans Advisory Council whose purpose is to advise the
2536executive director of the Department of Veterans and Military Affairs on issues relating to 01-25-23 1:28 PM 1st Sub. (Buff) H.B. 26
- 83 -
2537veterans.
2538 (2) The council shall consist of the following 14 members:
2539 (a) 11 voting members to serve four-year terms:
2540 (i) seven veterans at large appointed by the governor;
2541 (ii) the commander or the commander's designee, whose terms shall last for as long as
2542they hold that office, from each of the following organizations:
2543 (A) Veterans of Foreign Wars;
2544 (B) American Legion; and
2545 (C) Disabled American Veterans; and
2546 (iii) a representative from the Office of the Governor; and
2547 (b) three nonvoting members:
2548 (i) the executive director of the Department of Veterans and Military Affairs;
2549 (ii) the director of the VA Health Care System or his designee; and
2550 (iii) the director of the VA Benefits Administration Regional Office in Salt Lake City,
2551or his designee.
2552 (3) (a) Except as required by Subsection (3)(b), as terms of current council members
2553expire, the governor shall appoint each new or reappointed member to a four-year term
2554commencing on July 1.
2555 (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
2556time of appointment or reappointment, adjust the length of terms to ensure that the terms of
2557council members are staggered so that approximately half of the members appointed by the
2558governor are appointed every two years.
2559 (4) When a vacancy occurs in the membership for any reason, the governor shall
2560appoint a replacement for the unexpired term within 60 days of receiving notice.
2561 (5) Members appointed by the governor may not serve more than three consecutive
2562terms.
2563 (6) (a) Any veterans group or veteran may provide the executive director with a list of
2564recommendations for members on the council.
2565 (b) The executive director shall provide the governor with the list of recommendations
2566for members to be appointed to the council.
2567 (c) The governor shall make final appointments to the council by June 30 of any year in 1st Sub. (Buff) H.B. 26 01-25-23 1:28 PM
- 84 -
2568which appointments are to be made under this chapter.
2569 (7) The council shall elect a chair and vice chair from among the council members
2570every two years. The chair and vice chair shall each be an individual who:
2571 (a) has served on active duty in the armed forces for more than 180 consecutive days;
2572 (b) was a member of a reserve component who served in a campaign or expedition for
2573which a campaign medal has been authorized; or
2574 (c) incurred an actual service-related injury or disability in the line of duty, whether or
2575not that person completed 180 consecutive days of active duty; and
2576 (d) was separated or retired under honorable conditions.
2577 (8) (a) The council shall meet at least once every quarter.
2578 (b) The executive director of the Department of Veterans and Military Affairs may
2579convene additional meetings, as necessary.
2580 (9) The department shall provide staff to the council.
2581 (10) Six voting members are a quorum for the transaction of business.
2582 (11) The council shall:
2583 (a) solicit input concerning veterans issues from veterans' groups throughout the state;
2584 (b) report issues received to the executive director of the Department of Veterans and
2585Military Affairs and make recommendations concerning them;
2586 (c) keep abreast of federal developments that affect veterans locally and advise the
2587executive director of them;
2588 (d) approve, by a majority vote, the use of money generated from veterans license
2589plates under Section [41-1a-422] 41-1a-1603 for veterans programs; and
2590 (e) assist the director in developing guidelines and qualifications for:
2591 (i) participation by donors and recipients in the Veterans Assistance Registry created in
2592Section 71-12-101; and
2593 (ii) developing a process for providing contact information between qualified donors
2594and recipients.
2595 (12) A member may not receive compensation or benefits for the member's service, but
2596may receive per diem and travel expenses in accordance with:
2597 (a) Section 63A-3-106;
2598 (b) Section 63A-3-107; and 01-25-23 1:28 PM 1st Sub. (Buff) H.B. 26
- 85 -
2599 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
260063A-3-107.
2601 Section 57. Section 79-4-402 is amended to read:
2602 79-4-402. State Park Fees Restricted Account.
2603 (1) There is created within the General Fund a restricted account known as the State
2604Park Fees Restricted Account.
2605 (2) (a) Except as provided in Subsection (2)(b), the account shall consist of revenue
2606from:
2607 [(i) contributions deposited into the account in accordance with Section 41-1a-422;]
2608 [(ii)] (i) all charges allowed under Section 79-4-203;
2609 [(iii)] (ii) proceeds from the sale or disposal of buffalo under Subsection
261079-4-1001(2)(b); and
2611 [(iv)] (iii) civil damages collected under Section 76-6-206.2.
2612 (b) The account shall not include revenue the division receives under Section 79-4-403
2613and Subsection 79-4-1001(2)(a).
2614 (3) The division shall use funds in this account for the purposes described in Section
261579-4-203.
2616 Section 58. Section 79-7-203 is amended to read:
2617 79-7-203. Powers and duties of division.
2618 (1) As used in this section, "real property" includes land under water, upland, and all
2619other property commonly or legally defined as real property.
2620 (2) The Division of Wildlife Resources shall retain the power and jurisdiction
2621conferred upon the Division of Wildlife Resources by law on property controlled by the
2622division with reference to fish and game.
2623 (3) For purposes of property controlled by the division, the division shall permit
2624multiple uses of the property for purposes such as grazing, fishing, hunting, camping, mining,
2625and the development and use of water and other natural resources.
2626 (4) (a) The division may acquire real and personal property in the name of the state by
2627legal and proper means, including purchase, gift, devise, eminent domain, lease, exchange, or
2628otherwise, subject to the approval of the executive director and the governor.
2629 (b) In acquiring real or personal property, the credit of the state may not be pledged 1st Sub. (Buff) H.B. 26 01-25-23 1:28 PM
- 86 -
2630without the consent of the Legislature.
2631 (5) (a) Before acquiring any real property, the division shall notify the county
2632legislative body of the county where the property is situated of the division's intention to
2633acquire the property.
2634 (b) If the county legislative body requests a hearing within 10 days of receipt of the
2635notice, the division shall hold a public hearing in the county concerning the matter.
2636 (6) Acceptance of gifts or devises of land or other property is at the discretion of the
2637division, subject to the approval of the executive director and the governor.
2638 (7) The division shall acquire property by eminent domain in the manner authorized by
2639Title 78B, Chapter 6, Part 5, Eminent Domain.
2640 (8) (a) The division may make charges for special services and use of facilities, the
2641income from which is available for recreation purposes.
2642 (b) The division may conduct and operate those services necessary for the comfort and
2643convenience of the public.
2644 (9) (a) The division may lease or rent concessions of lawful kinds and nature on
2645property to persons, partnerships, and corporations for a valuable consideration after notifying
2646the commission.
2647 (b) The division shall comply with Title 63G, Chapter 6a, Utah Procurement Code, in
2648selecting concessionaires.
2649 (10) The division shall proceed without delay to negotiate with the federal government
2650concerning the Weber Basin and other recreation and reclamation projects.
2651 (11) (a) The division shall coordinate with and annually report to the following
2652regarding land acquisition and development and grants administered under this chapter or
2653Chapter 8, Outdoor Recreation Grants:
2654 (i) the Division of State Parks; and
2655 (ii) the Office of Rural Development.
2656 (b) The report required under Subsection (11)(a) shall be in writing, made public, and
2657include a description and the amount of any grant awarded under this chapter or Chapter 8,
2658Outdoor Recreation Grants.
2659 (12) The division shall:
2660 (a) coordinate outdoor recreation policy, management, and promotion: 01-25-23 1:28 PM 1st Sub. (Buff) H.B. 26
- 87 -
2661 (i) among state and federal agencies and local government entities in the state;
2662 (ii) with the Public Lands Policy Coordinating Office created in Section 63L-11-201, if
2663public land is involved; and
2664 (iii) on at least a quarterly basis, with the executive director and the executive director
2665of the Governor's Office of Economic Opportunity;
2666 (b) in cooperation with the Governor's Office of Economic Opportunity, promote
2667economic development in the state by:
2668 (i) coordinating with outdoor recreation stakeholders;
2669 (ii) improving recreational opportunities; and
2670 (iii) recruiting outdoor recreation business;
2671 (c) promote all forms of outdoor recreation, including motorized and nonmotorized
2672outdoor recreation;
2673 (d) recommend to the governor and Legislature policies and initiatives to enhance
2674recreational amenities and experiences in the state and help implement those policies and
2675initiatives;
2676 (e) in performing the division's duties, seek to ensure safe and adequate access to
2677outdoor recreation for all user groups and for all forms of recreation;
2678 (f) develop data regarding the impacts of outdoor recreation in the state; and
2679 (g) promote the health and social benefits of outdoor recreation, especially to young
2680people.
2681 (13) By following Title 63J, Chapter 5, Federal Funds Procedures Act, the division
2682may:
2683 (a) seek federal grants or loans;
2684 (b) seek to participate in federal programs; and
2685 (c) in accordance with applicable federal program guidelines, administer federally
2686funded outdoor recreation programs.
2687 [(14) The division shall receive and distribute voluntary contributions collected under
2688Section 41-1a-422 in accordance with Section 79-7-303.]
2689 Section 59. Section 79-7-303 is amended to read:
2690 79-7-303. Zion National Park Support Programs Restricted Account.
2691 (1) There is created within the General Fund the "Zion National Park Support 1st Sub. (Buff) H.B. 26 01-25-23 1:28 PM
- 88 -
2692Programs Restricted Account."
2693 (2) The Zion National Park Support Programs Restricted Account shall be funded by:
2694 [(a) contributions deposited into the Zion National Park Support Programs Restricted
2695Account in accordance with Section 41-1a-422;]
2696 [(b)] (a) private contributions; or
2697 [(c)] (b) donations or grants from public or private entities.
2698 (3) The Legislature shall appropriate money in the Zion National Park Support
2699Programs Restricted Account to the division.
2700 (4) The division may expend up to 10% of the money appropriated under Subsection
2701(3) to administer account distributions in accordance with Subsections (5) and (6).
2702 (5) The division shall distribute contributions to one or more organizations that:
2703 (a) are exempt from federal income taxation under Section 501(c)(3), Internal Revenue
2704Code;
2705 (b) operate under a written agreement with the National Park Service to provide
2706interpretive, educational, and research activities for the benefit of Zion National Park;
2707 (c) produce and distribute educational and promotional materials on Zion National
2708Park;
2709 (d) conduct educational courses on the history and ecosystem of the greater Zion
2710Canyon area; and
2711 (e) provide other programs that enhance visitor appreciation and enjoyment of Zion
2712National Park.
2713 (6) (a) An organization described in Subsection (5) may apply to the division to receive
2714a distribution in accordance with Subsection (5).
2715 (b) An organization that receives a distribution from the division in accordance with
2716Subsection (5) shall expend the distribution only to:
2717 (i) produce and distribute educational and promotional materials on Zion National
2718Park;
2719 (ii) conduct educational courses on the history and ecosystem of the greater Zion
2720Canyon area; and
2721 (iii) provide other programs that enhance visitor appreciation and enjoyment of Zion
2722National Park. 01-25-23 1:28 PM 1st Sub. (Buff) H.B. 26
- 89 -
2723 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
2724after notifying the commission, the division may make rules providing procedures and
2725requirements for an organization to apply to the division to receive a distribution under
2726Subsection (5).
2727 Section 60. Repealer.
2728 This bill repeals:
2729 Section 41-1a-421, Honor special group license plates -- Personal identity
2730requirements.
2731 Section 41-1a-422, Support special group license plates -- Contributor -- Voluntary
2732contribution collection procedures.
2733 Section 61. Effective date.
2734 This bill takes effect on January 1, 2024, with the exceptions of Sections 41-1a-410 and
273541-1a-411 which take effect on May 3, 2023.
2736 Section 62. Coordinating H.B. 26 with H.B. 55 -- Substantive and technical
2737amendments.
2738 If this H.B. 26 and H.B. 55, Off-highway Vehicle Registration Amendments, both pass
2739and become law, it is the intent of the Legislature that the Office of Legislative Research and
2740General Counsel shall prepare the Utah Code database for publication on January 1, 2024, by
2741amending Subsection 41-22-19(5)(c) in H.B. 55 to read:
2742 "(c) The Motor Vehicle Division shall deposit the fee described in Subsection (5)(a)
2743into the License Plate Restricted Account created under Section 41-1a-122.".