Utah 2023 Regular Session

Utah House Bill HB0026 Compare Versions

OldNewDifferences
1-Enrolled Copy H.B. 26
1+4th Sub. H.B. 26
2+LEGISLATIVE GENERAL COUNSEL
3+6 Approved for Filing: K.P. Gasser 6
4+6 02-23-23 4:02 PM 6
5+H.B. 26
6+4th Sub. (Green)
7+Senator Curtis S. Bramble proposes the following substitute bill:
28 1 LICENSE PLATE AMENDMENTS
39 2 2023 GENERAL SESSION
410 3 STATE OF UTAH
511 4 Chief Sponsor: Norman K Thurston
612 5 Senate Sponsor: Jacob L. Anderegg
713 6
814 7LONG TITLE
915 8General Description:
1016 9 This bill modifies provisions related to standard issue license plates and special group
1117 10license plates.
1218 11Highlighted Provisions:
1319 12 This bill:
1420 13 <defines terms;
1521 14 <amends provisions regarding standard license plates;
1622 15 <creates the sponsored special group license plate program and changes the process
1723 16to establish a new special group license plate;
1824 17 <provides for continuation of special group license plates that were created by a
1925 18legislative act;
2026 19 <establishes eligibility criteria for different categories of sponsored special group
2127 20license plates;
2228 21 <allows a county to exempt a motor vehicle from an emissions inspection under
2329 22certain circumstances;
2430 23 <creates a restricted account to administer existing fees related to license plates and
2531 24vehicle registration;
2632 25 <repeals certain restricted accounts and other provisions related to license plate
33+*HB0026S04* 4th Sub. (Green) H.B. 26 02-23-23 4:02 PM
34+- 2 -
2735 26issuance and administration; and
2836 27 <makes technical and conforming changes.
29-28Money Appropriated in this Bill: H.B. 26
30-Enrolled Copy
31-- 2 -
37+28Money Appropriated in this Bill:
3238 29 None
3339 30Other Special Clauses:
3440 31 This bill provides a special effective date.
3541 32 This bill provides a coordination clause.
3642 33Utah Code Sections Affected:
3743 34AMENDS:
3844 35 9-8-207, as last amended by Laws of Utah 2018, Chapter 260
3945 36 26-18b-101, as last amended by Laws of Utah 2021, Chapter 378
4046 37 26-54-102, as last amended by Laws of Utah 2019, Chapter 405
4147 38 41-1a-102, as last amended by Laws of Utah 2022, Chapters 92, 180
4248 39 41-1a-222, as last amended by Laws of Utah 2017, Chapter 24
4349 40 41-1a-226, as last amended by Laws of Utah 2022, Chapter 259
4450 41 41-1a-401, as last amended by Laws of Utah 2022, Chapter 259
4551 42 41-1a-416, as last amended by Laws of Utah 2008, Chapter 382
4652 43 41-1a-419, as last amended by Laws of Utah 2018, Chapter 260
4753 44 41-1a-1201, as last amended by Laws of Utah 2022, Chapter 259
4854 45 41-1a-1204, as last amended by Laws of Utah 2012, Chapter 397
4955 46 41-1a-1206, as last amended by Laws of Utah 2022, Chapters 56, 259
5056 47 41-1a-1211, as last amended by Laws of Utah 2015, Chapter 119
5157 48 41-1a-1212, as last amended by Laws of Utah 2014, Chapters 61, 237 and 237
5258 49 41-1a-1218, as last amended by Laws of Utah 2012, Chapter 397
5359 50 41-1a-1222, as last amended by Laws of Utah 2021, Chapter 420
5460 51 41-1a-1305, as last amended by Laws of Utah 2020, Chapter 74
5561 52 41-6a-1642, as last amended by Laws of Utah 2022, Chapters 160, 259
5662 53 53-8-214, as enacted by Laws of Utah 2017, Chapter 406
5763 54 59-10-1319, as last amended by Laws of Utah 2020, Chapter 322
58-55 62A-15-1103, as last amended by Laws of Utah 2022, Chapters 19, 149 Enrolled Copy H.B. 26
64+55 62A-15-1103, as last amended by Laws of Utah 2022, Chapters 19, 149
65+56 63G-26-103, as enacted by Laws of Utah 2020, Chapter 393 02-23-23 4:02 PM 4th Sub. (Green) H.B. 26
5966 - 3 -
60-56 63G-26-103, as enacted by Laws of Utah 2020, Chapter 393
6167 57 63I-1-241, as last amended by Laws of Utah 2022, Chapters 68, 92, 104, and 110
6268 58 63I-1-263, as last amended by Laws of Utah 2022, Chapters 23, 34, 68, 153, 218, 236,
6369 59249, 274, 296, 313, 361, 362, 417, 419, and 472
6470 60 63I-2-204, as last amended by Laws of Utah 2022, Chapters 67, 68
6571 61 63I-2-209, as last amended by Laws of Utah 2021, Chapter 380
6672 62 63I-2-213, as last amended by Laws of Utah 2022, Chapter 400
6773 63 63I-2-219, as last amended by Laws of Utah 2022, Chapter 95
6874 64 63I-2-223, as last amended by Laws of Utah 2012, Chapter 369
6975 65 63I-2-226, as last amended by Laws of Utah 2022, Chapters 255, 365
7076 66 63I-2-253, as last amended by Laws of Utah 2022, Chapters 208, 229, 274, 354, 370,
7177 67and 409
7278 68 63I-2-261, as last amended by Laws of Utah 2013, Chapter 278
7379 69 63I-2-263, as last amended by Laws of Utah 2022, Chapters 63, 209, 240, 242, 264,
7480 70354, and 435
7581 71 63I-2-272, as last amended by Laws of Utah 2022, Chapters 56, 83 and 259
7682 72 63I-2-278, as last amended by Laws of Utah 2022, Chapter 470
7783 73 63I-2-279, as last amended by Laws of Utah 2022, Chapter 68
7884 74 63J-1-602.1, as last amended by Laws of Utah 2022, Chapters 48, 191, 255, 335, 415,
7985 75and 451
8086 76 63J-1-602.2, as last amended by Laws of Utah 2022, Chapters 59, 68, 154, 224, 236,
8187 77242, and 447 and last amended by Coordination Clause, Laws of Utah 2022,
8288 78Chapter 154
8389 79 71-8-2, as last amended by Laws of Utah 2020, Chapter 409
8490 80 71-8-4, as last amended by Laws of Utah 2018, Chapter 39
8591 81 79-4-402, as last amended by Laws of Utah 2022, Chapter 48
86-82 79-7-203, as last amended by Laws of Utah 2022, Chapter 68 H.B. 26
87-Enrolled Copy
88-- 4 -
92+82 79-7-203, as last amended by Laws of Utah 2022, Chapter 68
8993 83 79-7-303, as renumbered and amended by Laws of Utah 2022, Chapter 68
9094 84ENACTS:
9195 85 41-1a-122, Utah Code Annotated 1953
9296 86 41-1a-1601, Utah Code Annotated 1953
93-87 41-1a-1602, Utah Code Annotated 1953
97+87 41-1a-1602, Utah Code Annotated 1953 4th Sub. (Green) H.B. 26 02-23-23 4:02 PM
98+- 4 -
9499 88 41-1a-1603, Utah Code Annotated 1953
95100 89 41-1a-1604, Utah Code Annotated 1953
96101 90 41-1a-1605, Utah Code Annotated 1953
97102 91 41-1a-1606, Utah Code Annotated 1953
98103 92 41-1a-1607, Utah Code Annotated 1953
99104 93 41-1a-1608, Utah Code Annotated 1953
100105 94 41-1a-1609, Utah Code Annotated 1953
101106 95 41-1a-1610, Utah Code Annotated 1953
102107 96 63I-2-280, Utah Code Annotated 1953
103108 97REPEALS AND REENACTS:
104109 98 41-1a-402, as last amended by Laws of Utah 2018, Chapters 20, 262
105110 99 41-1a-418, as last amended by Laws of Utah 2022, Chapters 19, 48, 68, and 451
106111 100REPEALS:
107112 101 41-1a-421, as last amended by Laws of Utah 2018, Chapter 39
108113 102 41-1a-422, as last amended by Laws of Utah 2022, Chapters 19, 48, 68, 255, 259, 335,
109114 103451, and 456
110115 104Utah Code Sections Affected by Coordination Clause:
111116 105 41-22-19, as last amended by Laws of Utah 2022, Chapters 68 and 143
112117 106
113118 107Be it enacted by the Legislature of the state of Utah:
114119 108 Section 1. Section 9-8-207 is amended to read:
115-109 9-8-207. Historical society -- Donations -- Accounting. Enrolled Copy H.B. 26
116-- 5 -
120+109 9-8-207. Historical society -- Donations -- Accounting.
117121 110 (1) (a) There is created the Utah State Historical Society.
118122 111 (b) The society may:
119123 112 (i) solicit memberships from persons interested in the work of the society and charge
120124 113dues for memberships commensurate with the advantages of membership and the needs of the
121125 114society; and
122126 115 (ii) receive gifts, donations, bequests, devises, and endowments of money or property,
123127 116which shall then become the property of the state of Utah.
124128 117 (2) [(a)] If the donor directs that money or property donated under Subsection (1)(b)(ii)
125-118be used in a specified manner, then the division shall use it in accordance with these directions.
129+118be used in a specified manner, then the division shall use it in accordance with these directions. 02-23-23 4:02 PM 4th Sub. (Green) H.B. 26
130+- 5 -
126131 119Otherwise, all donated money and the proceeds from donated property, together with the
127132 120charges realized from society memberships, shall be deposited in the General Fund as restricted
128133 121revenue of the society.
129134 122 [(b) Funds received from donations to the society under Section 41-1a-422 shall be
130135 123deposited into the General Fund as a dedicated credit to achieve the mission and purpose of the
131136 124society.]
132137 125 (3) The division shall keep a correct account of funds and property received, held, or
133138 126disbursed by the society, and shall make reports to the governor as in the case of other state
134139 127institutions.
135140 128 Section 2. Section 26-18b-101 is amended to read:
136141 129 26-18b-101. Allyson Gamble Organ Donation Contribution Fund created.
137142 130 (1) (a) There is created an expendable special revenue fund known as the Allyson
138143 131Gamble Organ Donation Contribution Fund.
139144 132 (b) The Allyson Gamble Organ Donation Contribution Fund shall consist of:
140145 133 (i) private contributions;
141146 134 (ii) donations or grants from public or private entities;
142147 135 (iii) voluntary donations collected under Sections 41-1a-230.5 and 53-3-214.7; and
143-136 [(iv) contributions deposited into the account in accordance with Section 41-1a-422; H.B. 26
144-Enrolled Copy
145-- 6 -
148+136 [(iv) contributions deposited into the account in accordance with Section 41-1a-422;
146149 137and]
147150 138 [(v)] (iv) interest and earnings on fund money.
148151 139 (c) The cost of administering the Allyson Gamble Organ Donation Contribution Fund
149152 140shall be paid from money in the fund.
150153 141 (2) The Department of Health shall:
151154 142 (a) administer the funds deposited in the Allyson Gamble Organ Donation Contribution
152155 143Fund; and
153156 144 (b) select qualified organizations and distribute the funds in the Allyson Gamble Organ
154157 145Donation Contribution Fund in accordance with Subsection (3).
155158 146 (3) (a) The funds in the Allyson Gamble Organ Donation Contribution Fund may be
156159 147distributed to a selected organization that:
157160 148 (i) promotes and supports organ donation;
158-149 (ii) assists in maintaining and operating a statewide organ donation registry; and
161+149 (ii) assists in maintaining and operating a statewide organ donation registry; and 4th Sub. (Green) H.B. 26 02-23-23 4:02 PM
162+- 6 -
159163 150 (iii) provides donor awareness education.
160164 151 (b) An organization that meets the criteria of Subsections (3)(a)(i) through (iii) may
161165 152apply to the Department of Health, in a manner prescribed by the department, to receive a
162166 153portion of the money contained in the Allyson Gamble Organ Donation Contribution Fund.
163167 154 (4) The Department of Health may expend funds in the account to pay the costs of
164168 155administering the fund and issuing or reordering the Donate Life support special group license
165169 156plate and decals.
166170 157 Section 3. Section 26-54-102 is amended to read:
167171 158 26-54-102. Spinal Cord and Brain Injury Rehabilitation Fund -- Creation --
168172 159Administration -- Uses.
169173 160 (1) As used in this section, a "qualified IRC 501(c)(3) charitable clinic" means a
170174 161professional medical clinic that:
171175 162 (a) provides rehabilitation services to individuals in the state:
172-163 (i) who have a traumatic spinal cord or brain injury that tends to be nonprogressive or Enrolled Copy H.B. 26
173-- 7 -
176+163 (i) who have a traumatic spinal cord or brain injury that tends to be nonprogressive or
174177 164nondeteriorating; and
175178 165 (ii) who require post-acute care;
176179 166 (b) employs licensed therapy clinicians;
177180 167 (c) has at least five years experience operating a post-acute care rehabilitation clinic in
178181 168the state; and
179182 169 (d) has obtained tax-exempt status under Internal Revenue Code, 26 U.S.C. Sec.
180183 170501(c)(3).
181184 171 (2) There is created an expendable special revenue fund known as the "Spinal Cord and
182185 172Brain Injury Rehabilitation Fund."
183186 173 (3) The fund shall consist of:
184187 174 (a) gifts, grants, donations, or any other conveyance of money that may be made to the
185188 175fund from private sources;
186189 176 (b) a portion of the impound fee as designated in Section 41-6a-1406;
187-177 (c) the fees collected by the Motor Vehicle Division under Subsections
188-178[41-1a-1201(9)] 41-1a-1201(8) and 41-22-8(3); and
190+177 (c) the fees collected by the Motor Vehicle Division under Subsections [41-1a-1201(9)
191+178] 41-1a-1201(8)and 41-22-8(3); and
189192 179 (d) amounts appropriated by the Legislature.
190-180 (4) The fund shall be administered by the executive director of the department, in
193+180 (4) The fund shall be administered by the executive director of the department, in 02-23-23 4:02 PM 4th Sub. (Green) H.B. 26
194+- 7 -
191195 181consultation with the advisory committee created in Section 26-54-103.
192196 182 (5) Fund money shall be used to:
193197 183 (a) assist one or more qualified IRC 501(c)(3) charitable clinics to provide
194198 184rehabilitation services to individuals who have a traumatic spinal cord or brain injury that tends
195199 185to be nonprogressive or nondeteriorating, including:
196200 186 (i) physical, occupational, and speech therapy; and
197201 187 (ii) equipment for use in the qualified charitable clinic; and
198202 188 (b) pay for operating expenses of the advisory committee created by Section
199203 18926-54-103, including the advisory committee's staff.
200-190 Section 4. Section 41-1a-102 is amended to read: H.B. 26
201-Enrolled Copy
202-- 8 -
204+190 Section 4. Section 41-1a-102 is amended to read:
203205 191 41-1a-102. Definitions.
204206 192 As used in this chapter:
205207 193 (1) "Actual miles" means the actual distance a vehicle has traveled while in operation.
206208 194 (2) "Actual weight" means the actual unladen weight of a vehicle or combination of
207209 195vehicles as operated and certified to by a weighmaster.
208210 196 (3) "All-terrain type I vehicle" means the same as that term is defined in Section
209211 19741-22-2.
210212 198 (4) "All-terrain type II vehicle" means the same as that term is defined in Section
211213 19941-22-2.
212214 200 (5) "All-terrain type III vehicle" means the same as that term is defined in Section
213215 20141-22-2.
214216 202 (6) "Alternative fuel vehicle" means:
215217 203 (a) an electric motor vehicle;
216218 204 (b) a hybrid electric motor vehicle;
217219 205 (c) a plug-in hybrid electric motor vehicle; or
218220 206 (d) a motor vehicle powered exclusively by a fuel other than:
219221 207 (i) motor fuel;
220222 208 (ii) diesel fuel;
221223 209 (iii) natural gas; or
222224 210 (iv) propane.
223-211 (7) "Amateur radio operator" means a person licensed by the Federal Communications
225+211 (7) "Amateur radio operator" means a person licensed by the Federal Communications 4th Sub. (Green) H.B. 26 02-23-23 4:02 PM
226+- 8 -
224227 212Commission to engage in private and experimental two-way radio operation on the amateur
225228 213band radio frequencies.
226229 214 (8) "Autocycle" means the same as that term is defined in Section 53-3-102.
227230 215 (9) "Automated driving system" means the same as that term is defined in Section
228231 21641-26-102.1.
229-217 (10) "Branded title" means a title certificate that is labeled: Enrolled Copy H.B. 26
230-- 9 -
232+217 (10) "Branded title" means a title certificate that is labeled:
231233 218 (a) rebuilt and restored to operation;
232234 219 (b) flooded and restored to operation; or
233235 220 (c) not restored to operation.
234236 221 (11) "Camper" means a structure designed, used, and maintained primarily to be
235237 222mounted on or affixed to a motor vehicle that contains a floor and is designed to provide a
236238 223mobile dwelling, sleeping place, commercial space, or facilities for human habitation or for
237239 224camping.
238240 225 (12) "Certificate of title" means a document issued by a jurisdiction to establish a
239241 226record of ownership between an identified owner and the described vehicle, vessel, or outboard
240242 227motor.
241243 228 (13) "Certified scale weigh ticket" means a weigh ticket that has been issued by a
242244 229weighmaster.
243245 230 (14) "Commercial vehicle" means a motor vehicle, trailer, or semitrailer used or
244246 231maintained for the transportation of persons or property that operates:
245247 232 (a) as a carrier for hire, compensation, or profit; or
246248 233 (b) as a carrier to transport the vehicle owner's goods or property in furtherance of the
247249 234owner's commercial enterprise.
248250 235 (15) "Commission" means the State Tax Commission.
249251 236 (16) "Consumer price index" means the same as that term is defined in Section
250252 23759-13-102.
251253 238 (17) "Dealer" means a person engaged or licensed to engage in the business of buying,
252254 239selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on
253255 240conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established
254256 241place of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors.
255-242 (18) "Diesel fuel" means the same as that term is defined in Section 59-13-102.
257+242 (18) "Diesel fuel" means the same as that term is defined in Section 59-13-102. 02-23-23 4:02 PM 4th Sub. (Green) H.B. 26
258+- 9 -
256259 243 (19) "Division" means the Motor Vehicle Division of the commission, created in
257-244Section 41-1a-106. H.B. 26
258-Enrolled Copy
259-- 10 -
260+244Section 41-1a-106.
260261 245 (20) "Dynamic driving task" means the same as that term is defined in Section
261262 24641-26-102.1.
262263 247 (21) "Electric motor vehicle" means a motor vehicle that is powered solely by an
263264 248electric motor drawing current from a rechargeable energy storage system.
264265 249 (22) "Essential parts" means the integral and body parts of a vehicle of a type required
265266 250to be registered in this state, the removal, alteration, or substitution of which would tend to
266267 251conceal the identity of the vehicle or substantially alter the vehicle's appearance, model, type,
267268 252or mode of operation.
268269 253 (23) "Farm tractor" means a motor vehicle designed and used primarily as a farm
269270 254implement for drawing plows, mowing machines, and other implements of husbandry.
270271 255 (24) (a) "Farm truck" means a truck used by the owner or operator of a farm solely for
271272 256the owner's or operator's own use in the transportation of:
272273 257 (i) farm products, including livestock and its products, poultry and its products,
273274 258floricultural and horticultural products;
274275 259 (ii) farm supplies, including tile, fence, and any other thing or commodity used in
275276 260agricultural, floricultural, horticultural, livestock, and poultry production; and
276277 261 (iii) livestock, poultry, and other animals and things used for breeding, feeding, or
277278 262other purposes connected with the operation of a farm.
278279 263 (b) "Farm truck" does not include the operation of trucks by commercial processors of
279280 264agricultural products.
280281 265 (25) "Fleet" means one or more commercial vehicles.
281282 266 (26) "Foreign vehicle" means a vehicle of a type required to be registered, brought into
282283 267this state from another state, territory, or country other than in the ordinary course of business
283284 268by or through a manufacturer or dealer, and not registered in this state.
284285 269 (27) "Gross laden weight" means the actual weight of a vehicle or combination of
285286 270vehicles, equipped for operation, to which shall be added the maximum load to be carried.
286-271 (28) "Highway" or "street" means the entire width between property lines of every way Enrolled Copy H.B. 26
287-- 11 -
287+271 (28) "Highway" or "street" means the entire width between property lines of every way
288288 272or place of whatever nature when any part of it is open to the public, as a matter of right, for
289-273purposes of vehicular traffic.
289+273purposes of vehicular traffic. 4th Sub. (Green) H.B. 26 02-23-23 4:02 PM
290+- 10 -
290291 274 (29) "Hybrid electric motor vehicle" means a motor vehicle that draws propulsion
291292 275energy from onboard sources of stored energy that are both:
292293 276 (a) an internal combustion engine or heat engine using consumable fuel; and
293294 277 (b) a rechargeable energy storage system where energy for the storage system comes
294295 278solely from sources onboard the vehicle.
295296 279 (30) (a) "Identification number" means the identifying number assigned by the
296297 280manufacturer or by the division for the purpose of identifying the vehicle, vessel, or outboard
297298 281motor.
298299 282 (b) "Identification number" includes a vehicle identification number, state assigned
299300 283identification number, hull identification number, and motor serial number.
300301 284 (31) "Implement of husbandry" means a vehicle designed or adapted and used
301302 285exclusively for an agricultural operation and only incidentally operated or moved upon the
302303 286highways.
303304 287 (32) (a) "In-state miles" means the total number of miles operated in this state during
304305 288the preceding year by fleet power units.
305306 289 (b) If a fleet is composed entirely of trailers or semitrailers, "in-state miles" means the
306307 290total number of miles that those vehicles were towed on Utah highways during the preceding
307308 291year.
308309 292 (33) "Interstate vehicle" means a commercial vehicle operated in more than one state,
309310 293province, territory, or possession of the United States or foreign country.
310311 294 (34) "Jurisdiction" means a state, district, province, political subdivision, territory, or
311312 295possession of the United States or any foreign country.
312313 296 (35) "Lienholder" means a person with a security interest in particular property.
313314 297 (36) "Manufactured home" means a transportable factory built housing unit constructed
314-298on or after June 15, 1976, according to the Federal Home Construction and Safety Standards H.B. 26
315-Enrolled Copy
316-- 12 -
315+298on or after June 15, 1976, according to the Federal Home Construction and Safety Standards
317316 299Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight body
318317 300feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more
319318 301square feet, and which is built on a permanent chassis and designed to be used as a dwelling
320319 302with or without a permanent foundation when connected to the required utilities, and includes
321320 303the plumbing, heating, air-conditioning, and electrical systems.
322-304 (37) "Manufacturer" means a person engaged in the business of constructing,
321+304 (37) "Manufacturer" means a person engaged in the business of constructing, 02-23-23 4:02 PM 4th Sub. (Green) H.B. 26
322+- 11 -
323323 305manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or
324324 306outboard motors for the purpose of sale or trade.
325325 307 (38) "Military vehicle" means a vehicle of any size or weight that was manufactured
326326 308for use by armed forces and that is maintained in a condition that represents the vehicle's
327327 309military design and markings regardless of current ownership or use.
328328 310 (39) "Mobile home" means a transportable factory built housing unit built prior to June
329329 31115, 1976, in accordance with a state mobile home code which existed prior to the Federal
330330 312Manufactured Housing and Safety Standards Act (HUD Code).
331331 313 (40) "Motor fuel" means the same as that term is defined in Section 59-13-102.
332332 314 (41) (a) "Motor vehicle" means a self-propelled vehicle intended primarily for use and
333333 315operation on the highways.
334334 316 (b) "Motor vehicle" does not include:
335335 317 (i) an off-highway vehicle; or
336336 318 (ii) a motor assisted scooter as defined in Section 41-6a-102.
337337 319 (42) "Motorboat" means the same as that term is defined in Section 73-18-2.
338338 320 (43) "Motorcycle" means:
339339 321 (a) a motor vehicle having a saddle for the use of the rider and designed to travel on not
340340 322more than three wheels in contact with the ground; or
341341 323 (b) an autocycle.
342342 324 (44) "Natural gas" means a fuel of which the primary constituent is methane.
343-325 (45) (a) "Nonresident" means a person who is not a resident of this state as defined by Enrolled Copy H.B. 26
344-- 13 -
343+325 (45) (a) "Nonresident" means a person who is not a resident of this state as defined by
345344 326Section 41-1a-202, and who does not engage in intrastate business within this state and does
346345 327not operate in that business any motor vehicle, trailer, or semitrailer within this state.
347346 328 (b) A person who engages in intrastate business within this state and operates in that
348347 329business any motor vehicle, trailer, or semitrailer in this state or who, even though engaging in
349348 330interstate commerce, maintains a vehicle in this state as the home station of that vehicle is
350349 331considered a resident of this state, insofar as that vehicle is concerned in administering this
351350 332chapter.
352351 333 (46) "Odometer" means a device for measuring and recording the actual distance a
353352 334vehicle travels while in operation, but does not include any auxiliary odometer designed to be
354-335periodically reset.
353+335periodically reset. 4th Sub. (Green) H.B. 26 02-23-23 4:02 PM
354+- 12 -
355355 336 (47) "Off-highway implement of husbandry" means the same as that term is defined in
356356 337Section 41-22-2.
357357 338 (48) "Off-highway vehicle" means the same as that term is defined in Section 41-22-2.
358358 339 (49) (a) "Operate" means:
359359 340 (i) to navigate a vessel; or
360360 341 (ii) collectively, the activities performed in order to perform the entire dynamic driving
361361 342task for a given motor vehicle by:
362362 343 (A) a human driver as defined in Section 41-26-102.1; or
363363 344 (B) an engaged automated driving system.
364364 345 (b) "Operate" includes testing of an automated driving system.
365365 346 (50) "Original issue license plate" means a license plate that is of a format and type
366366 347issued by the state in the same year as the model year of a vehicle that is a model year 1973 or
367367 348older.
368368 349 [(50)] (51) "Outboard motor" means a detachable self-contained propulsion unit,
369369 350excluding fuel supply, used to propel a vessel.
370370 351 [(51)] (52) (a) "Owner" means a person, other than a lienholder, holding title to a
371-352vehicle, vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is H.B. 26
372-Enrolled Copy
373-- 14 -
371+352vehicle, vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is
374372 353subject to a security interest.
375373 354 (b) If a vehicle is the subject of an agreement for the conditional sale or installment
376374 355sale or mortgage of the vehicle with the right of purchase upon performance of the conditions
377375 356stated in the agreement and with an immediate right of possession vested in the conditional
378376 357vendee or mortgagor, or if the vehicle is the subject of a security agreement, then the
379377 358conditional vendee, mortgagor, or debtor is considered the owner for the purposes of this
380378 359chapter.
381379 360 (c) If a vehicle is the subject of an agreement to lease, the lessor is considered the
382380 361owner until the lessee exercises the lessee's option to purchase the vehicle.
383381 362 [(52)] (53) "Park model recreational vehicle" means a unit that:
384382 363 (a) is designed and marketed as temporary living quarters for recreational, camping,
385383 364travel, or seasonal use;
386384 365 (b) is not permanently affixed to real property for use as a permanent dwelling;
387-366 (c) requires a special highway movement permit for transit; and
385+366 (c) requires a special highway movement permit for transit; and 02-23-23 4:02 PM 4th Sub. (Green) H.B. 26
386+- 13 -
388387 367 (d) is built on a single chassis mounted on wheels with a gross trailer area not
389388 368exceeding 400 square feet in the setup mode.
390389 369 [(53)] (54) "Personalized license plate" means a license plate that has displayed on it a
391390 370combination of letters, numbers, or both as requested by the owner of the vehicle and assigned
392391 371to the vehicle by the division.
393392 372 [(54)] (55) (a) "Pickup truck" means a two-axle motor vehicle with motive power
394393 373manufactured, remanufactured, or materially altered to provide an open cargo area.
395394 374 (b) "Pickup truck" includes a motor vehicle with the open cargo area covered with a
396395 375camper, camper shell, tarp, removable top, or similar structure.
397396 376 [(55)] (56) "Plug-in hybrid electric motor vehicle" means a hybrid electric motor
398397 377vehicle that has the capability to charge the battery or batteries used for vehicle propulsion
399398 378from an off-vehicle electric source, such that the off-vehicle source cannot be connected to the
400-379vehicle while the vehicle is in motion. Enrolled Copy H.B. 26
401-- 15 -
399+379vehicle while the vehicle is in motion.
402400 380 [(56)] (57) "Pneumatic tire" means a tire in which compressed air is designed to
403401 381support the load.
404402 382 [(57)] (58) "Preceding year" means a period of 12 consecutive months fixed by the
405403 383division that is within 16 months immediately preceding the commencement of the registration
406404 384or license year in which proportional registration is sought. The division in fixing the period
407405 385shall conform it to the terms, conditions, and requirements of any applicable agreement or
408406 386arrangement for the proportional registration of vehicles.
409407 387 [(58)] (59) "Public garage" means a building or other place where vehicles or vessels
410408 388are kept and stored and where a charge is made for the storage and keeping of vehicles and
411409 389vessels.
412410 390 [(59)] (60) "Receipt of surrender of ownership documents" means the receipt of
413411 391surrender of ownership documents described in Section 41-1a-503.
414412 392 [(60)] (61) "Reconstructed vehicle" means a vehicle of a type required to be registered
415413 393in this state that is materially altered from its original construction by the removal, addition, or
416414 394substitution of essential parts, new or used.
417415 395 [(61)] (62) "Recreational vehicle" means the same as that term is defined in Section
418416 39613-14-102.
419-397 [(62)] (63) "Registration" means a document issued by a jurisdiction that allows
417+397 [(62)] (63) "Registration" means a document issued by a jurisdiction that allows 4th Sub. (Green) H.B. 26 02-23-23 4:02 PM
418+- 14 -
420419 398operation of a vehicle or vessel on the highways or waters of this state for the time period for
421420 399which the registration is valid and that is evidence of compliance with the registration
422421 400requirements of the jurisdiction.
423422 401 (64) "Registration decal" means the decal issued by the division that is evidence of
424423 402compliance with the division's registration requirements.
425424 403 [(63)] (65) (a) "Registration year" means a 12 consecutive month period commencing
426425 404with the completion of the applicable registration criteria.
427426 405 (b) For administration of a multistate agreement for proportional registration the
428-406division may prescribe a different 12-month period. H.B. 26
429-Enrolled Copy
430-- 16 -
427+406division may prescribe a different 12-month period.
431428 407 [(64)] (66) "Repair or replacement" means the restoration of vehicles, vessels, or
432429 408outboard motors to a sound working condition by substituting any inoperative part of the
433430 409vehicle, vessel, or outboard motor, or by correcting the inoperative part.
434431 410 [(65)] (67) "Replica vehicle" means:
435432 411 (a) a street rod that meets the requirements under Subsection 41-21-1(3)(a)(i)(B); or
436433 412 (b) a custom vehicle that meets the requirements under Subsection
437434 41341-6a-1507(1)(a)(i)(B).
438435 414 [(66)] (68) "Road tractor" means a motor vehicle designed and used for drawing other
439436 415vehicles and constructed so it does not carry any load either independently or any part of the
440437 416weight of a vehicle or load that is drawn.
441438 417 [(67)] (69) "Sailboat" means the same as that term is defined in Section 73-18-2.
442439 418 [(68)] (70) "Security interest" means an interest that is reserved or created by a security
443440 419agreement to secure the payment or performance of an obligation and that is valid against third
444441 420parties.
445442 421 [(69)] (71) "Semitrailer" means a vehicle without motive power designed for carrying
446443 422persons or property and for being drawn by a motor vehicle and constructed so that some part
447444 423of its weight and its load rests or is carried by another vehicle.
448445 424 [(70)] (72) "Special group license plate" means a type of license plate designed for a
449446 425particular group of people or a license plate authorized and issued by the division in accordance
450447 426with Section 41-1a-418 or Part 16, Sponsored Special Group License Plates.
451448 427 [(71)] (73) (a) "Special interest vehicle" means a vehicle used for general
452-428transportation purposes and that is:
449+428transportation purposes and that is: 02-23-23 4:02 PM 4th Sub. (Green) H.B. 26
450+- 15 -
453451 429 (i) 20 years or older from the current year; or
454452 430 (ii) a make or model of motor vehicle recognized by the division director as having
455453 431unique interest or historic value.
456454 432 (b) In making a determination under Subsection [(71)] (73)(a), the division director
457-433shall give special consideration to: Enrolled Copy H.B. 26
458-- 17 -
455+433shall give special consideration to:
459456 434 (i) a make of motor vehicle that is no longer manufactured;
460457 435 (ii) a make or model of motor vehicle produced in limited or token quantities;
461458 436 (iii) a make or model of motor vehicle produced as an experimental vehicle or one
462459 437designed exclusively for educational purposes or museum display; or
463460 438 (iv) a motor vehicle of any age or make that has not been substantially altered or
464461 439modified from original specifications of the manufacturer and because of its significance is
465462 440being collected, preserved, restored, maintained, or operated by a collector or hobbyist as a
466463 441leisure pursuit.
467464 442 [(72)] (74) (a) "Special mobile equipment" means a vehicle:
468465 443 (i) not designed or used primarily for the transportation of persons or property;
469466 444 (ii) not designed to operate in traffic; and
470467 445 (iii) only incidentally operated or moved over the highways.
471468 446 (b) "Special mobile equipment" includes:
472469 447 (i) farm tractors;
473470 448 (ii) off-road motorized construction or maintenance equipment including backhoes,
474471 449bulldozers, compactors, graders, loaders, road rollers, tractors, and trenchers; and
475472 450 (iii) ditch-digging apparatus.
476473 451 (c) "Special mobile equipment" does not include a commercial vehicle as defined
477474 452under Section 72-9-102.
478475 453 [(73)] (75) "Specially constructed vehicle" means a vehicle of a type required to be
479476 454registered in this state, not originally constructed under a distinctive name, make, model, or
480477 455type by a generally recognized manufacturer of vehicles, and not materially altered from its
481478 456original construction.
482479 457 (76) (a) "Standard license plate" means a license plate for general issue described in
483480 458Subsection 41-1a-402(1).
484-459 (b) "Standard license plate" includes a license plate for general issue that the division
485-460issues before January 1, 2024. H.B. 26
486-Enrolled Copy
487-- 18 -
481+459 (b) "Standard license plate" includes a license plate for general issue that the division 4th Sub. (Green) H.B. 26 02-23-23 4:02 PM
482+- 16 -
483+460issues before January 1, 2024.
488484 461 [(74)] (77) "State impound yard" means a yard for the storage of a vehicle, vessel, or
489485 462outboard motor that meets the requirements of rules made by the commission pursuant to
490486 463Subsection 41-1a-1101(5).
491487 464 (78) "Symbol decal" means the decal that is designed to represent a special group and
492488 465displayed on a special group license plate.
493489 466 [(75)] (79) "Title" means the right to or ownership of a vehicle, vessel, or outboard
494490 467motor.
495491 468 [(76)] (80) (a) "Total fleet miles" means the total number of miles operated in all
496492 469jurisdictions during the preceding year by power units.
497493 470 (b) If fleets are composed entirely of trailers or semitrailers, "total fleet miles" means
498494 471the number of miles that those vehicles were towed on the highways of all jurisdictions during
499495 472the preceding year.
500496 473 [(77)] (81) "Tow truck motor carrier" means the same as that term is defined in Section
501497 47472-9-102.
502498 475 [(78)] (82) "Tow truck operator" means the same as that term is defined in Section
503499 47672-9-102.
504500 477 [(79)] (83) "Trailer" means a vehicle without motive power designed for carrying
505501 478persons or property and for being drawn by a motor vehicle and constructed so that no part of
506502 479its weight rests upon the towing vehicle.
507503 480 [(80)] (84) "Transferee" means a person to whom the ownership of property is
508504 481conveyed by sale, gift, or any other means except by the creation of a security interest.
509505 482 [(81)] (85) "Transferor" means a person who transfers the person's ownership in
510506 483property by sale, gift, or any other means except by creation of a security interest.
511507 484 [(82)] (86) "Travel trailer," "camping trailer," or "fifth wheel trailer" means a portable
512508 485vehicle without motive power, designed as a temporary dwelling for travel, recreational, or
513509 486vacation use that does not require a special highway movement permit when drawn by a
514-487self-propelled motor vehicle. Enrolled Copy H.B. 26
515-- 19 -
510+487self-propelled motor vehicle.
516511 488 [(83)] (87) "Truck tractor" means a motor vehicle designed and used primarily for
517512 489drawing other vehicles and not constructed to carry a load other than a part of the weight of the
518-490vehicle and load that is drawn.
513+490vehicle and load that is drawn. 02-23-23 4:02 PM 4th Sub. (Green) H.B. 26
514+- 17 -
519515 491 [(84)] (88) "Vehicle" includes a motor vehicle, trailer, semitrailer, off-highway vehicle,
520516 492camper, park model recreational vehicle, manufactured home, and mobile home.
521517 493 [(85)] (89) "Vessel" means the same as that term is defined in Section 73-18-2.
522518 494 [(86)] (90) "Vintage vehicle" means the same as that term is defined in Section
523519 49541-21-1.
524520 496 [(87)] (91) "Waters of this state" means the same as that term is defined in Section
525521 49773-18-2.
526522 498 [(88)] (92) "Weighmaster" means a person, association of persons, or corporation
527523 499permitted to weigh vehicles under this chapter.
528524 500 Section 5. Section 41-1a-122 is enacted to read:
529525 501 41-1a-122. License plate restricted account.
530-502 (1) As used in this section, "account" means the License Plate Restricted Account
531-503created by this section.
526+502 (1) As used in this section, account means the License Plate Restricted Account created
527+503by this section.
532528 504 (2) There is created within the General Fund a restricted account known as the License
533529 505Plate Restricted Account.
534530 506 (3) (a) The account shall be funded from the fees described in Subsection
535531 50741-1a-1201(3).
536532 508 (b) The fees described in Subsection (3)(a) shall be paid to the division, which shall
537533 509deposit them in the account.
538534 510 (4) The Legislature shall appropriate the funds in the account to the commission to
539535 511cover the costs of issuing license plates and decals.
540536 512 (5) In accordance with Section 63J-1-602.1, appropriations made to the division from
541537 513the account are nonlapsing.
542-514 Section 6. Section 41-1a-222 is amended to read: H.B. 26
543-Enrolled Copy
544-- 20 -
538+514 Section 6. Section 41-1a-222 is amended to read:
545539 515 41-1a-222. Application for multiyear registration -- Payment of taxes -- Penalties.
546540 516 (1) The owner of any intrastate fleet of commercial vehicles which is based in the state
547541 517may apply to the commission for registration in accordance with this section.
548542 518 (a) The application shall be made on a form prescribed by the commission.
549543 519 (b) Upon payment of required fees and meeting other requirements prescribed by the
550544 520commission, the division shall issue, to each vehicle for which application has been made, a
551-521multiyear license plate and registration card.
545+521multiyear license plate and registration card. 4th Sub. (Green) H.B. 26 02-23-23 4:02 PM
546+- 18 -
552547 522 (i) The [license plate] registration decal and the registration card shall bear an
553548 523expiration date fixed by the division and are valid until ownership of the vehicle to which they
554549 524are issued is transferred by the applicant or until the expiration date, whichever comes first.
555550 525 (ii) An annual renewal application must be made by the owner if registration
556551 526identification has been issued on an annual installment fee basis and the required fees must be
557552 527paid on an annual basis.
558553 528 (iii) License plates and registration cards issued pursuant to this section are valid for an
559554 529eight-year period, commencing with the year of initial application in this state.
560555 530 (c) When application for registration or renewal is made on an installment payment
561556 531basis, the applicant shall submit acceptable evidence of a surety bond in a form, and with a
562557 532surety, approved by the commission and in an amount equal to the total annual fees required
563558 533for all vehicles registered to the applicant in accordance with this section.
564559 534 (2) Each vehicle registered as part of a fleet of commercial vehicles must be titled in
565560 535the name of the fleet.
566561 536 (3) Each owner who registers fleets pursuant to this section shall pay the taxes or in
567562 537lieu fees otherwise due pursuant to:
568563 538 (a) Section 41-1a-206;
569564 539 (b) Section 41-1a-207;
570565 540 (c) Subsection 41-1a-301(12);
571-541 (d) Section 59-2-405.1; Enrolled Copy H.B. 26
572-- 21 -
566+541 (d) Section 59-2-405.1;
573567 542 (e) Section 59-2-405.2; or
574568 543 (f) Section 59-2-405.3.
575569 544 (4) An owner who fails to comply with the provisions of this section is subject to the
576570 545penalties in Section 41-1a-1301 and, if the commission so determines, will result in the loss of
577571 546the privileges granted in this section.
578572 547 Section 7. Section 41-1a-226 is amended to read:
579573 548 41-1a-226. Vintage vehicle -- Signed statement -- Registration.
580574 549 (1) The owner of a vintage vehicle who applies for registration under this part shall
581575 550provide a signed statement that the vintage vehicle:
582576 551 (a) is owned and operated for the purposes described in Section 41-21-1; and
583-552 (b) is safe to operate on the highways of this state as described in Section 41-21-4.
577+552 (b) is safe to operate on the highways of this state as described in Section 41-21-4. 02-23-23 4:02 PM 4th Sub. (Green) H.B. 26
578+- 19 -
584579 553 (2) For a vintage vehicle with a model year of 1980 or older, the signed statement
585580 554described in Subsection (1) and in Subsection 41-6a-1642(15) is in lieu of an emissions
586581 555inspection, from which a vintage vehicle is exempt under Subsection 41-6a-1642(4).
587582 556 (3) Before registration of a vintage vehicle that has a model year of 1981 or newer, an
588583 557owner shall:
589584 558 (a) obtain a certificate of emissions inspection as provided in Section 41-6a-1642; or
590585 559 (b) provide proof of vehicle insurance coverage for the vintage vehicle that is a type
591586 560specific to a vehicle collector.
592587 561 Section 8. Section 41-1a-401 is amended to read:
593588 562 41-1a-401. License plates -- Number of plates -- Reflectorization -- Indicia of
594589 563registration in lieu of or used with plates.
595-564 (1) (a) Except as provided in Subsection (1)(c), the division upon registering a vehicle
596-565shall issue to the owner:
597-566 (i) one license plate for a motorcycle, trailer, or semitrailer;
598-567 (ii) one registration decal for a park model recreational vehicle, in lieu of a license
599-568plate, which shall be attached in plain sight to the rear of the park model recreational vehicle; H.B. 26
600-Enrolled Copy
601-- 22 -
602-569 (iii) one registration decal for a camper, in lieu of a license plate, which shall be
590+564 (1) [(a)] Except as provided in Subsection (1)(c), the division upon registering a
591+565vehicle shall issue to the owner:
592+566 [(i)] (a) one license plate for a motorcycle, trailer, or semitrailer;
593+567 [(ii)] (b) one registration decal for a park model recreational vehicle, in lieu of a license
594+568plate, which shall be attached in plain sight to the rear of the park model recreational vehicle;
595+569 [(iii)] (c) one registration decal for a camper, in lieu of a license plate, which shall be
603596 570attached in plain sight to the rear of the camper; and
604-571 (iv) two identical license plates for every other vehicle.
605-572 (b) The license plate or registration decal issued under Subsection (1)(a) is for the
597+571 [(iv)] (d) two identical license plates for every other vehicle.
598+572 [(b)] (e) The license plate or registration decal issued under Subsection (1)(a) is for the
606599 573particular vehicle registered and may not be removed during the term for which the license
607600 574plate or registration decal is issued or used upon any other vehicle than the registered vehicle.
608-575 (c) (i) Notwithstanding Subsections (1)(a) and (b) and except as provided in Subsection
609-576(1)(c)(ii), the division, upon registering a motor vehicle that has been sold, traded, or the
610-577ownership of which has been otherwise released, shall transfer the license plate issued to the
611-578person applying to register the vehicle if:
601+575 [(c)] (f) (i) Notwithstanding Subsections (1)(a) and (b) and except as provided in
602+576Subsection (1)(c)(ii), the division, upon registering a motor vehicle that has been sold, traded,
603+577or the ownership of which has been otherwise released, shall transfer the license plate issued to
604+578the person applying to register the vehicle if:
612605 579 (A) the previous registered owner has included the license plate as part of the sale,
613606 580trade, or ownership release; and
614607 581 (B) the person applying to register the vehicle applies to transfer the license plate to the
615608 582new registered owner of the vehicle.
616-583 (ii) The division may not transfer a personalized or special group license plate to a new
609+583 (ii) The division may not transfer a personalized or special group license plate to a new 4th Sub. (Green) H.B. 26 02-23-23 4:02 PM
610+- 20 -
617611 584registered owner under this Subsection (1)(c) if the new registered owner does not meet the
618612 585qualification or eligibility requirements for that personalized or special group license plate
619613 586under [Sections 41-1a-410 through 41-1a-422] this part or Part 16, Special Group License
620614 587Plates.
621615 588 (2) The division may receive applications for registration renewal, renew registration,
622616 589and issue new license plates or registration decals at any time prior to the expiration of
623617 590registration.
624618 591 (3) (a) (i) Except as provided in Subsection (3)(a)(iii), all license plates to be
625619 592manufactured and issued by the division shall be treated with a fully reflective material on the
626620 593plate face that provides effective and dependable reflective brightness during the service period
627621 594of the license plate.
628-595 (ii) Except as provided in Subsection (3)(a)(iii), for a historical support special group Enrolled Copy H.B. 26
629-- 23 -
622+595 (ii) Except as provided in Subsection (3)(a)(iii), for a historical support special group
630623 596license plate created under this part, the division shall procure reflective material to satisfy the
631624 597requirement under Subsection (3)(a)(i) as soon as such material is available at a reasonable
632625 598cost.
633626 599 (iii) Notwithstanding the reflectivity requirement described in Subsection (3)(a)(i), the
634627 600division may manufacture and issue a historical support special group license plate without a
635628 601fully reflective plate face if:
636629 602 (A) the historical special group license plate is requested for a vintage vehicle that has
637630 603a model year of 1980 or older; and
638631 604 (B) the division has manufacturing equipment and technology available to produce the
639632 605plate in small quantities.
640633 606 (b) The division shall prescribe all license plate material specifications and establish
641634 607and implement procedures for conforming to the specifications.
642635 608 (c) The specifications for the materials used such as the aluminum plate substrate, the
643636 609reflective sheeting, and glue shall be drawn in a manner so that at least two manufacturers may
644637 610qualify as suppliers.
645638 611 (d) The granting of contracts for the materials shall be by public bid.
646639 612 (4) (a) The commission may issue, adopt, and require the use of indicia of registration
647640 613it considers advisable in lieu of or in conjunction with license plates as provided in this part.
648-614 (b) All provisions of this part relative to license plates apply to these indicia of
641+614 (b) All provisions of this part relative to license plates apply to these indicia of 02-23-23 4:02 PM 4th Sub. (Green) H.B. 26
642+- 21 -
649643 615registration, so far as the provisions are applicable.
650644 616 (5) A violation of this section is an infraction.
651645 617 Section 9. Section 41-1a-402 is repealed and reenacted to read:
652646 618 41-1a-402. Standard license plates -- Required colors, numerals, and letters --
653647 619Expiration.
654648 620 (1) (a) Upon registering a vehicle, the division shall issue to the owner a standard
655649 621license plate described in Subsection (1)(b) unless the division issues to the owner:
656-622 (i) a special group license plate in accordance with Section 41-1a-418; or H.B. 26
657-Enrolled Copy
658-- 24 -
650+622 (i) a special group license plate in accordance with Section 41-1a-418; or
659651 623 (ii) an apportioned vehicle license plate in accordance with Section 41-1a-301.
660652 624 (b) The division may offer up to four standard license plate options at one time, each
661653 625with a different design as follows:
662654 626 (i) two designs that incorporate one or more elements that represent the state's
663655 627economy or geography;
664656 628 (ii) one design that represents the state's values or culture; and
665657 629 (iii) one design that commemorates a current event relevant to the state or a significant
666658 630anniversary of a historic event relevant to the state.
667659 631 (c) The division shall offer:
668660 632 (i) each design described in Subsection (1)(b)(i) or (ii) for at least a 10-year period; and
669661 633 (ii) each design described in Subsection (1)(b)(iii) for no more than a five-year period.
670662 634 (d) The division may not offer more than four standard license plate designs at any one
671663 635time.
672664 636 (2) Before the division may offer a design described in Subsection (1)(b), the division
673665 637shall:
674666 638 (a) consult with the Utah Department of Cultural and Community Engagement
675667 639regarding the proposed design;
676668 640 (b) identify which current standard license plate design will be replaced by the
677669 641proposed design;
678670 642 (c) submit the proposed design to the governor for approval; and
679671 643 (d) if the governor approves the design pursuant to Subsection (2)(c), submit to the
680672 644Transportation Interim Committee a request for the Legislature to approve the proposed design
681-645by concurrent resolution.
673+645by concurrent resolution. 4th Sub. (Green) H.B. 26 02-23-23 4:02 PM
674+- 22 -
682675 646 (3) The division may issue a new standard license plate design only if:
683676 647 (a) the Legislature has by concurrent resolution approved the standard license plate
684677 648design; and
685-649 (b) sufficient funds are appropriated for the initial costs of production. Enrolled Copy H.B. 26
686-- 25 -
678+649 (b) sufficient funds are appropriated for the initial costs of production.
687679 650 (4) (a) Except as provided in Subsection (4)(b), the division may not order or produce a
688680 651standard license plate that is discontinued under this section.
689681 652 (b) The division may issue a discontinued standard license plate until the division
690682 653exhausts the discontinued standard license plate's remaining stock.
691683 654 (5) Each license plate shall have displayed on it:
692684 655 (a) the registration number assigned to the vehicle for which the license plate is issued;
693685 656 (b) the name of the state; and
694686 657 (c) unless exempted by Section 41-1a-301 or 41-1a-407, a registration decal showing
695687 658the date of expiration displayed in accordance with Subsection (8).
696688 659 (6) If registration is extended by affixing a registration decal to the license plate, the
697689 660expiration date of the registration decal governs the expiration date of the license plate.
698690 661 (7) (a) Except as provided under Subsection 41-1a-215(2) and Section 41-1a-216,
699691 662license plates shall be renewed annually.
700692 663 (b) (i) The division shall issue the vehicle owner a month registration decal and a year
701693 664registration decal upon the vehicle's first registration with the division.
702694 665 (ii) The division shall issue the vehicle owner only a year registration decal upon
703695 666subsequent renewals of registration to validate registration renewal.
704696 667 (8) Except as otherwise provided by rule:
705697 668 (a) the month registration decal issued in accordance with Subsection (7) shall be
706698 669displayed on the license plate in the left position; and
707699 670 (b) the year registration decal issued in accordance with Subsection (7) shall be
708700 671displayed on the license plate in the right position.
709701 672 (9) The current year registration decal issued in accordance with Subsection (7) shall
710702 673be placed over or in place of the previous year registration decal.
711703 674 (10) If a license plate, month registration decal, or year registration decal is lost or
712704 675destroyed, a replacement shall be issued upon application and payment of the fees required
713-676under Section 41-1a-1211 or 41-1a-1212. H.B. 26
714-Enrolled Copy
715-- 26 -
705+676under Section 41-1a-1211 or 41-1a-1212. 02-23-23 4:02 PM 4th Sub. (Green) H.B. 26
706+- 23 -
716707 677 (11) (a) A violation of this section is an infraction.
717708 678 (b) A court shall waive a fine for a violation under this section if:
718709 679 (i) the registration for the vehicle was current at the time of the citation; and
719710 680 (ii) the person to whom the citation was issued provides, within 21 business days,
720711 681evidence that the license plate and registration decals are properly displayed in compliance with
721712 682this section.
722713 683 (12) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
723714 684the division may make rules regarding the placement and positioning of registration decals on
724715 685license plates issued by the division.
725716 686 Section 10. Section 41-1a-416 is amended to read:
726717 687 41-1a-416. Original issue license plates -- Alternative stickers -- Rulemaking.
727718 688 (1) The owner of a motor vehicle that is a model year 1973 or older may apply to the
728719 689division for permission to display an original issue license plate [of a format and type issued by
729720 690the state in the same year as the model year of the vehicle].
730721 691 (2) [The owner of a motor vehicle who desires to display original issue license plates
731722 692instead of license plates issued under Section 41-1a-401 shall:] An owner described in
732723 693Subsection (1) shall:
733724 694 (a) complete an application on a form provided by the division;
734725 695 [(b) supply and submit the original license plates that the owner desires to display to
735726 696the division for approval; and]
736727 697 (b) supply and submit to the division for approval the original issue license plate that
737728 698the owner intends to display on the motor vehicle; and
738729 699 (c) pay the fees prescribed in Sections 41-1a-1206 and 41-1a-1211.
739730 700 (3) [The division, prior to approval of an application under this section,] Before
740731 701approving an application described in this section, the division shall determine that the original
741732 702issue license [plates] plate:
742-703 (a) [are] is of a format and type issued by the state for use on a motor vehicle [in this Enrolled Copy H.B. 26
743-- 27 -
733+703 (a) [are] is of a format and type issued by the state for use on a motor vehicle [in this
744734 704state];
745735 705 (b) [have] has numbers and characters that are unique and do not conflict with existing
746736 706license plate series in this state;
747-707 (c) [are] is legible, durable, and otherwise in a condition that serves the purposes of this
737+707 (c) [are] is legible, durable, and otherwise in a condition that serves the purposes of this 4th Sub. (Green) H.B. 26 02-23-23 4:02 PM
738+- 24 -
748739 708chapter[, except that original issue license plates are exempt from the provision of Section
749740 70941-1a-401 regarding reflectorization and Section 41-1a-403 regarding legibility from 100 feet];
750741 710and
751742 711 (d) [are] is from the same year of issue as the model year of the motor vehicle on which
752743 712[they are] the original issue license plate is to be displayed.
753744 713 (4) (a) [An] Except as provided in this section, the owner of a motor vehicle displaying
754745 714original issue license plates approved under this section is not exempt from any [other
755746 715requirement of this chapter except as specified under this section.] requirement described in
756747 716this chapter.
757748 717 (b) An original issue license plate approved under this section is exempt from:
758749 718 (i) the provisions of Section 41-1a-401 regarding reflectorization; and
759750 719 (ii) Section 41-1a-403.
760751 720 [(5) (a) An owner of a motor vehicle currently registered in this state whose original
761752 721issue license plates are not approved by the division because of the requirement in Subsection
762753 722(3)(b) may apply to the division for a sticker to allow the temporary display of the original
763754 723issue license plates if:]
764755 724 [(i) the plates otherwise comply with this section;]
765756 725 [(ii) the plates are only displayed when the motor vehicle is used for participating in
766757 726motor vehicle club activities, exhibitions, tours, parades, and similar activities and are not used
767758 727for general daily transportation;]
768759 728 [(iii) the license plates and registration issued under this chapter for normal use of the
769760 729motor vehicle on the highways of this state are kept in the motor vehicle and shown to a peace
770-730officer on request; and] H.B. 26
771-Enrolled Copy
772-- 28 -
761+730officer on request; and]
773762 731 [(iv) the sticker issued by the division under this subsection is properly affixed to the
774763 732face of the original issue license plate.]
775764 733 [(b) The sticker issued under this section shall be the size and form customarily
776765 734furnished by the division.]
777766 735 [(6)] (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
778767 736Act, the division may make rules for the implementation of this section.
779768 737 Section 11. Section 41-1a-418 is repealed and reenacted to read:
780-738 41-1a-418. Authorized special group license plates.
769+738 41-1a-418. Authorized special group license plates. 02-23-23 4:02 PM 4th Sub. (Green) H.B. 26
770+- 25 -
781771 739 (1) In accordance with this chapter, the division shall issue to an eligible applicant a
782772 740special group license plate in one of the following categories:
783773 741 (a) a disability special group license plate issued in accordance with Section 41-1a-420;
784774 742 (b) a special group license plate issued for a:
785-743 (i) vintage vehicle;
775+743 (i) vintage vehicle; or
786776 744 (ii) farm truck; or
787777 745 (iii) special group license plate described in Section 41-1a-1602.
788778 746 (2) The division may not issue a new type of special group license plate or symbol
789779 747decal unless the division receives:
790780 748 (a) a private donation for the start-up fee established under Section 63J-1-504 for the
791781 749production and administrative costs of providing the new special group license plate or symbol
792782 750decal; or
793783 751 (b) a legislative appropriation for the start-up fee described in Subsection (2)(a).
794784 752 (3) Notwithstanding other provisions of this chapter, the division may not require a
795785 753contribution as defined in Section 41-1a-1601 for a special group license plate described in
796786 754Subsection (1)(a) or (b).
797787 755 Section 12. Section 41-1a-419 is amended to read:
798788 756 41-1a-419. Plate design -- Vintage vehicle certification and registration --
799-757Personalized special group license plates -- Rulemaking. Enrolled Copy H.B. 26
800-- 29 -
789+757Personalized special group license plates -- Rulemaking.
801790 758 (1) [(a) The design and maximum number of numerals or characters on special group
802791 759license plates shall be determined by the division in accordance with the requirements under
803792 760Subsection (1)(b).]
804793 761 (a) In accordance with Subsection (1)(b), the division shall determine the design and
805794 762number of numerals or characters on a special group license plate.
806795 763 (b) (i) Except as provided in Subsection (1)(b)(ii), each special group license plate
807796 764shall display:
808797 765 (A) the word Utah;
809798 766 (B) the name or identifying slogan of the special group;
810799 767 (C) a symbol decal not exceeding two positions in size representing the special group;
811800 768and
812-769 (D) the combination of letters, numbers, or both uniquely identifying the registered
801+769 (D) the combination of letters, numbers, or both uniquely identifying the registered 4th Sub. (Green) H.B. 26 02-23-23 4:02 PM
802+- 26 -
813803 770vehicle.
814804 771 (ii) The division, in consultation with the Utah State Historical Society, shall design
815805 772the historical support special group license plate, which shall:
816806 773 (A) have a black background;
817807 774 (B) have white characters; and
818808 775 (C) display the word Utah.
819809 776 (2) (a) The division shall, after consultation with a representative designated by the
820810 777[special group] sponsoring organization as defined in Section 41-1a-1601, specify the word or
821811 778words comprising the special group name and the symbol decal to be displayed upon the
822812 779special group license [plates] plate.
823813 780 (b) A special group license plate symbol decal may not be redesigned:
824814 781 (i) unless the division receives a redesign fee established by the division under Section
825815 78263J-1-504; and
826816 783 (ii) more frequently than every five years.
827-784 (c) [(i) Except as provided in Subsection (2)(c)(ii), a] A special group license plate H.B. 26
828-Enrolled Copy
829-- 30 -
817+784 (c) [(i) Except as provided in Subsection (2)(c)(ii), a] A special group license plate
830818 785symbol decal may not be reordered unless the division receives a symbol decal reorder fee
831819 786established by the division [under] in accordance with Section 63J-1-504.
832820 787 [(ii) A recognition special group license plate symbol decal for a currently employed,
833821 788volunteer, or retired firefighter issued in accordance with Subsection 41-1a-418(1)(d)(v) that is
834822 789reordered on or after July 1, 2007, but on or before June 30, 2008, is exempt from the symbol
835823 790decal reorder fee authorized under Subsection (2)(c)(i).]
836824 791 (3) The license plates issued for horseless carriages prior to July 1, 1992, are valid
837825 792without renewal as long as the vehicle is owned by the registered owner and the license plates
838826 793may not be recalled by the division.
839827 794 [(4) A person who meets the criteria established under Sections 41-1a-418 through
840828 79541-1a-422 for issuance of special group license plates may make application in the same
841829 796manner provided in Sections 41-1a-410 and 41-1a-411 for personalized special group license
842830 797plates.]
843831 798 (4) Subject to Subsection 41-1a-411(4)(a), a person who meets the requirements
844832 799described in this part or Part 16, Sponsored Special Group License Plates, for a special group
845-800license plate may, apply for a personalized special group license plate in accordance with
833+800license plate may, apply for a personalized special group license plate in accordance with 02-23-23 4:02 PM 4th Sub. (Green) H.B. 26
834+- 27 -
846835 801Sections 41-1a-410 and 41-1a-411.
847836 802 (5) [The] Subject to this chapter, the commission shall make rules in accordance with
848837 803Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
849838 804 (a) establish qualifying criteria for persons to receive, renew, or surrender special group
850839 805license plates; and
851840 806 (b) establish the [maximum] number of numerals or characters for special group
852841 807license plates.
853842 808 Section 13. Section 41-1a-1201 is amended to read:
854843 809 41-1a-1201. Disposition of fees.
855844 810 (1) All fees received and collected under this part shall be transmitted daily to the state
856-811treasurer. Enrolled Copy H.B. 26
857-- 31 -
845+811treasurer.
858846 812 (2) Except as provided in Subsections (3), (5), (6), (7), and (8), [and (9)] and Sections
859847 813[41-1a-422,] 41-1a-1220, 41-1a-1221, [and] 41-1a-1223, and 41-1a-1603, all fees collected
860848 814under this part shall be deposited into the Transportation Fund.
861849 815 (3) Funds generated under Subsections 41-1a-1211(1)(b)(ii), (6)(b)(ii), [and] (7), and
862850 816(9), and Section 41-1a-1212 [may be used by the commission to cover the costs incurred in
863851 817issuing license plates under Part 4, License Plates and Registration Indicia.] shall be deposited
864852 818into the License Plate Restricted Account created in Section 41-1a-122.
865853 819 [(4) In accordance with Section 63J-1-602.2, all funds available to the commission for
866854 820the purchase and distribution of license plates and decals are nonlapsing.]
867855 821 [(5)] (4) (a) Except as provided in Subsections (3) and [(5)(b)] (4)(b) and Section
868856 82241-1a-1205, the expenses of the commission in enforcing and administering this part shall be
869857 823provided for by legislative appropriation from the revenues of the Transportation Fund.
870858 824 (b) Three dollars of the registration fees imposed under Subsections 41-1a-1206(2)(a)
871859 825and (b) for each vehicle registered for a six-month registration period under Section
872860 82641-1a-215.5 may be used by the commission to cover the costs incurred in enforcing and
873861 827administering this part.
874862 828 (c) Fifty cents of the registration fee imposed under Subsection 41-1a-1206(1)(i) for
875863 829each vintage vehicle that has a model year of 1981 or newer may be used by the commission to
876864 830cover the costs incurred in enforcing and administering this part.
877-831 [(6)] (5) (a) The following portions of the registration fees imposed under Section
865+831 [(6)] (5) (a) The following portions of the registration fees imposed under Section 4th Sub. (Green) H.B. 26 02-23-23 4:02 PM
866+- 28 -
878867 83241-1a-1206 for each vehicle shall be deposited into the Transportation Investment Fund of
879868 8332005 created under Section 72-2-124:
880869 834 (i) $30 of the registration fees imposed under Subsections 41-1a-1206(1)(a), (1)(b),
881870 835(1)(f), (4), and (7);
882871 836 (ii) $21 of the registration fees imposed under Subsections 41-1a-1206(1)(c)(i) and
883872 837(1)(c)(ii);
884-838 (iii) $2.50 of the registration fee imposed under Subsection 41-1a-1206(1)(e)(ii); H.B. 26
885-Enrolled Copy
886-- 32 -
873+838 (iii) $2.50 of the registration fee imposed under Subsection 41-1a-1206(1)(e)(ii);
887874 839 (iv) $23 of the registration fee imposed under Subsection 41-1a-1206(1)(d)(i);
888875 840 (v) $24.50 of the registration fee imposed under Subsection 41-1a-1206(1)(e)(i); and
889876 841 (vi) $1 of the registration fee imposed under Subsection 41-1a-1206(1)(d)(ii).
890877 842 (b) The following portions of the registration fees collected for each vehicle registered
891878 843for a six-month registration period under Section 41-1a-215.5 shall be deposited into the
892879 844Transportation Investment Fund of 2005 created by Section 72-2-124:
893880 845 (i) $23.25 of each registration fee collected under Subsection 41-1a-1206(2)(a)(i); and
894881 846 (ii) $23 of each registration fee collected under Subsection 41-1a-1206(2)(a)(ii).
895882 847 [(7)] (6) (a) Ninety-four cents of each registration fee imposed under Subsections
896883 84841-1a-1206(1)(a) and (b) for each vehicle shall be deposited into the Public Safety Restricted
897884 849Account created in Section 53-3-106.
898885 850 (b) Seventy-one cents of each registration fee imposed under Subsections
899886 85141-1a-1206(2)(a) and (b) for each vehicle registered for a six-month registration period under
900887 852Section 41-1a-215.5 shall be deposited into the Public Safety Restricted Account created in
901888 853Section 53-3-106.
902889 854 [(8)] (7) (a) One dollar of each registration fee imposed under Subsections
903890 85541-1a-1206(1)(a) and (b) for each vehicle shall be deposited into the Motor Vehicle Safety
904891 856Impact Restricted Account created in Section 53-8-214.
905892 857 (b) One dollar of each registration fee imposed under Subsections 41-1a-1206(2)(a)
906893 858and (b) for each vehicle registered for a six-month registration period under Section
907894 85941-1a-215.5 shall be deposited into the Motor Vehicle Safety Impact Restricted Account
908895 860created in Section 53-8-214.
909896 861 [(9)] (8) Fifty cents of each registration fee imposed under Subsection
910-86241-1a-1206(1)(a) for each motorcycle shall be deposited into the Spinal Cord and Brain Injury
897+86241-1a-1206(1)(a) for each motorcycle shall be deposited into the Spinal Cord and Brain Injury 02-23-23 4:02 PM 4th Sub. (Green) H.B. 26
898+- 29 -
911899 863Rehabilitation Fund created in Section 26-54-102.
912900 864 Section 14. Section 41-1a-1204 is amended to read:
913-865 41-1a-1204. Automobile driver education fee -- Amount -- When paid -- Enrolled Copy H.B. 26
914-- 33 -
901+865 41-1a-1204. Automobile driver education fee -- Amount -- When paid --
915902 866Exception.
916903 867 (1) Each year there is levied and shall be paid to the commission the automobile driver
917904 868education fee.
918905 869 (2) (a) Except as provided in Subsections (2)(b) and (c), the fee is $2.50 upon each
919906 870motor vehicle to be registered for a one-year registration period.
920907 871 (b) The fee is $2.00 upon each motor vehicle to be registered under Section
921908 87241-1a-215.5 for a six-month registration period.
922909 873 (c) The following registrations are exempt from the fee in Subsection (2)(a) or (b):
923910 874 (i) a motorcycle registration; and
924911 875 (ii) a registration of a vehicle with a Purple Heart special group license plate issued [in
925912 876accordance with Section 41-1a-421.]:
926913 877 (A) on or before December 31, 2023; or
927914 878 (B) in accordance with Part 16, Sponsored Special Group License Plates.
928915 879 Section 15. Section 41-1a-1206 is amended to read:
929916 880 41-1a-1206. Registration fees -- Fees by gross laden weight.
930917 881 (1) Except as provided in Subsections (2) and (3), at the time application is made for
931918 882registration or renewal of registration of a vehicle or combination of vehicles under this
932919 883chapter, a registration fee shall be paid to the division as follows:
933920 884 (a) $46.00 for each motorcycle;
934921 885 (b) $44 for each motor vehicle of 12,000 pounds or less gross laden weight, excluding
935922 886motorcycles;
936923 887 (c) unless the semitrailer or trailer is exempt from registration under Section 41-1a-202
937924 888or is registered under Section 41-1a-301:
938925 889 (i) $31 for each trailer or semitrailer over 750 pounds gross unladen weight; or
939926 890 (ii) $28.50 for each commercial trailer or commercial semitrailer of 750 pounds or less
940927 891gross unladen weight;
941-892 (d) (i) $53 for each farm truck over 12,000 pounds, but not exceeding 14,000 pounds H.B. 26
942-Enrolled Copy
943-- 34 -
944-893gross laden weight; plus
928+892 (d) (i) $53 for each farm truck over 12,000 pounds, but not exceeding 14,000 pounds
929+893gross laden weight; plus 4th Sub. (Green) H.B. 26 02-23-23 4:02 PM
930+- 30 -
945931 894 (ii) $9 for each 2,000 pounds over 14,000 pounds gross laden weight;
946932 895 (e) (i) $69.50 for each motor vehicle or combination of motor vehicles, excluding farm
947933 896trucks, over 12,000 pounds, but not exceeding 14,000 pounds gross laden weight; plus
948934 897 (ii) $19 for each 2,000 pounds over 14,000 pounds gross laden weight;
949935 898 (f) (i) $69.50 for each park model recreational vehicle over 12,000 pounds, but not
950936 899exceeding 14,000 pounds gross laden weight; plus
951937 900 (ii) $19 for each 2,000 pounds over 14,000 pounds gross laden weight;
952938 901 (g) $45 for each vintage vehicle that has a model year of 1981 or newer;
953939 902 (h) in addition to the fee described in Subsection (1)(b):
954940 903 (i) an amount equal to the road usage charge cap described in Section 72-1-213.1 for:
955941 904 (A) each electric motor vehicle; and
956942 905 (B) Each motor vehicle not described in this Subsection (1)(h) that is fueled
957943 906exclusively by a source other than motor fuel, diesel fuel, natural gas, or propane;
958944 907 (ii) $21.75 for each hybrid electric motor vehicle; and
959945 908 (iii) $56.50 for each plug-in hybrid electric motor vehicle; and
960946 909 (i) in addition to the fee described in Subsection (1)(g), for a vintage vehicle that has a
961947 910model year of 1981 or newer, 50 cents.
962948 911 (2) (a) At the time application is made for registration or renewal of registration of a
963949 912vehicle under this chapter for a six-month registration period under Section 41-1a-215.5, a
964950 913registration fee shall be paid to the division as follows:
965951 914 (i) $34.50 for each motorcycle; and
966952 915 (ii) $33.50 for each motor vehicle of 12,000 pounds or less gross laden weight,
967953 916excluding motorcycles.
968954 917 (b) In addition to the fee described in Subsection (2)(a)(ii), for registration or renewal
969955 918of registration of a vehicle under this chapter for a six-month registration period under Section
970-91941-1a-215.5 a registration fee shall be paid to the division as follows: Enrolled Copy H.B. 26
971-- 35 -
956+91941-1a-215.5 a registration fee shall be paid to the division as follows:
972957 920 (i) an amount equal to the road usage charge cap described in Section 72-1-213.1 for:
973958 921 (A) each electric motor vehicle; and
974959 922 (B) each motor vehicle not described in this Subsection (2)(b) that is fueled exclusively
975960 923by a source other than motor fuel, diesel fuel, natural gas, or propane;
976-924 (ii) $16.50 for each hybrid electric motor vehicle; and
961+924 (ii) $16.50 for each hybrid electric motor vehicle; and 02-23-23 4:02 PM 4th Sub. (Green) H.B. 26
962+- 31 -
977963 925 (iii) $43.50 for each plug-in hybrid electric motor vehicle.
978964 926 (3) (a) (i) Beginning on January 1, 2019, the commission shall, on January 1, annually
979965 927adjust the registration fees described in Subsections (1)(a), (1)(b), (1)(c)(i), (1)(c)(ii), (1)(d)(i),
980966 928(1)(e)(i), (1)(f)(i), (1)(g), (2)(a), (4)(a), and (7), by taking the registration fee rate for the
981967 929previous year and adding an amount equal to the greater of:
982968 930 (A) an amount calculated by multiplying the registration fee of the previous year by the
983969 931actual percentage change during the previous fiscal year in the Consumer Price Index; and
984970 932 (B) 0.
985971 933 (ii) Beginning on January 1, 2024, the commission shall, on January 1, annually adjust
986972 934the registration fees described in Subsections (1)(h)(ii) and (iii) and (2)(b)(ii) and (iii) by taking
987973 935the registration fee rate for the previous year and adding an amount equal to the greater of:
988974 936 (A) an amount calculated by multiplying the registration fee of the previous year by the
989975 937actual percentage change during the previous fiscal year in the Consumer Price Index; and
990976 938 (B) 0.
991977 939 (b) The amounts calculated as described in Subsection (3)(a) shall be rounded up to the
992978 940nearest 25 cents.
993979 941 (4) (a) The initial registration fee for a vintage vehicle that has a model year of 1980 or
994980 942older is $40.
995981 943 (b) A vintage vehicle that has a model year of 1980 or older is exempt from the
996982 944renewal of registration fees under Subsection (1).
997983 945 (c) A vehicle with a Purple Heart special group license plate issued [in accordance with
998-946Section 41-1a-421] on or before December 31, 2023, or issued in accordance with Part 16, H.B. 26
999-Enrolled Copy
1000-- 36 -
984+946Section 41-1a-421] on or before December 31, 2023, or issued in accordance with Part 16,
1001985 947Sponsored Special Group License Plates, is exempt from the registration fees under Subsection
1002986 948(1).
1003987 949 (d) A camper is exempt from the registration fees under Subsection (1).
1004988 950 (5) If a motor vehicle is operated in combination with a semitrailer or trailer, each
1005989 951motor vehicle shall register for the total gross laden weight of all units of the combination if the
1006990 952total gross laden weight of the combination exceeds 12,000 pounds.
1007991 953 (6) (a) Registration fee categories under this section are based on the gross laden
1008992 954weight declared in the licensee's application for registration.
1009-955 (b) Gross laden weight shall be computed in units of 2,000 pounds. A fractional part
993+955 (b) Gross laden weight shall be computed in units of 2,000 pounds. A fractional part 4th Sub. (Green) H.B. 26 02-23-23 4:02 PM
994+- 32 -
1010995 956of 2,000 pounds is a full unit.
1011996 957 (7) The owner of a commercial trailer or commercial semitrailer may, as an alternative
1012997 958to registering under Subsection (1)(c), apply for and obtain a special registration and license
1013998 959plate for a fee of $130.
1014999 960 (8) Except as provided in Section 41-6a-1642, a truck may not be registered as a farm
10151000 961truck unless:
10161001 962 (a) the truck meets the definition of a farm truck under Section 41-1a-102; and
10171002 963 (b) (i) the truck has a gross vehicle weight rating of more than 12,000 pounds; or
10181003 964 (ii) the truck has a gross vehicle weight rating of 12,000 pounds or less and the owner
10191004 965submits to the division a certificate of emissions inspection or a waiver in compliance with
10201005 966Section 41-6a-1642.
10211006 967 (9) A violation of Subsection (8) is an infraction that shall be punished by a fine of not
10221007 968less than $200.
10231008 969 (10) Trucks used exclusively to pump cement, bore wells, or perform crane services
10241009 970with a crane lift capacity of five or more tons, are exempt from 50% of the amount of the fees
10251010 971required for those vehicles under this section.
10261011 972 Section 16. Section 41-1a-1211 is amended to read:
1027-973 41-1a-1211. License plate fees -- Application fees for issuance and renewal of Enrolled Copy H.B. 26
1028-- 37 -
1012+973 41-1a-1211. License plate fees -- Application fees for issuance and renewal of
10291013 974personalized and special group license plates -- Replacement fee for license plates --
10301014 975Postage fees.
10311015 976 (1) (a) Except as provided in Subsections (11), (12), (13), and (14), a license plate fee
10321016 977established in accordance with Section 63J-1-504 shall be paid to the division for the issuance
10331017 978of any new license plate under Part 4, License Plates and Registration Indicia.
10341018 979 (b) The license plate fee shall be deposited as follows:
10351019 980 (i) $1 in the Transportation Fund; and
10361020 981 (ii) the remainder of the fee charged under Subsection (1)(a) into the License Plate
1037-982Restricted Account, as provided in Section 41-1a-1201.
1021+982Restricted Account, as provided in [Section 41-1a-1201] Subsection 41-1a-1201(10).
10381022 983 (2) An applicant for original issuance of personalized license plates issued under
10391023 984Section 41-1a-410 shall pay a $50 per set license plate application fee in addition to the fee
10401024 985required in Subsection (1).
1041-986 (3) Beginning July 1, 2003, a person who applies for a special group license plate shall
1025+986 (3) Beginning July 1, 2003, a person who applies for a special group license plate shall 02-23-23 4:02 PM 4th Sub. (Green) H.B. 26
1026+- 33 -
10421027 987pay a $5 fee for the original set of license plates in addition to the fee required under
10431028 988Subsection (1).
10441029 989 (4) An applicant for original issuance of personalized special group license plates shall
10451030 990pay the license plate application fees required in Subsection (2) in addition to the license plate
10461031 991fees and license plate application fees established under Subsections (1) and (3).
10471032 992 (5) An applicant for renewal of personalized license plates issued under Section
10481033 99341-1a-410 shall pay a $10 per set application fee.
10491034 994 (6) (a) The division may charge a fee established under Section 63J-1-504 to recover
10501035 995the costs for the replacement of any license plate issued under Part 4, License Plates and
10511036 996Registration Indicia.
10521037 997 (b) The license plate fee shall be deposited as follows:
10531038 998 (i) $1 in the Transportation Fund; and
10541039 999 (ii) the remainder of the fee charged under Subsection (6)(a) into the License Plate
1055-1000Restricted Account, as provided in Section 41-1a-1201. H.B. 26
1056-Enrolled Copy
1057-- 38 -
1040+1000Restricted Account, as provided in [Section 41-1a-1201] Subsection 41-1a-1201(10).
10581041 1001 (7) (a) The division may charge a fee established under Section 63J-1-504 to recover
10591042 1002[its] the division's costs for the replacement of [decals] a symbol decal issued under Section
10601043 100341-1a-418.
1061-1004 (b) The fee described in Subsection (7)(a) shall be deposited into the License Plate
1062-1005Restricted Account as described in Section 41-1a-1201.
1044+1004 (b) The fee described in Subsection (7) shall be deposited into the License Plate
1045+1005Restricted Account as described in Subsection 41-1a-1201(10).
10631046 1006 (8) The division may charge a fee established under Section 63J-1-504 to recover the
10641047 1007cost of issuing stickers under Section 41-1a-416.
10651048 1008 (9) In addition to any other fees required by this section, the division shall assess a fee
10661049 1009established under Section 63J-1-504 to cover postage expenses if new or replacement license
10671050 1010plates are mailed to the applicant.
10681051 1011 (10) The fees required under this section are separate from and in addition to
10691052 1012registration fees required under Section 41-1a-1206.
10701053 1013 (11) (a) An applicant for a license plate issued under Section 41-1a-407 is not subject
10711054 1014to the license plate fee under Subsection (1).
10721055 1015 (b) An applicant for a Purple Heart special group license plate issued [in accordance
10731056 1016with Section 41-1a-421] on or before December 31, 2023, or issued in accordance with Part 16,
1074-1017Sponsored Special Group License Plates, is exempt from the fees under Subsections (1), (3),
1057+1017Sponsored Special Group License Plates, is exempt from the fees under Subsections (1), (3), 4th Sub. (Green) H.B. 26 02-23-23 4:02 PM
1058+- 34 -
10751059 1018and (7).
10761060 1019 (12) A person is exempt from the fee under Subsection (1) or (6) if the person:
10771061 1020 (a) was issued a clean fuel special group license plate in accordance with Section
10781062 102141-1a-418 prior to the effective date of rules made by the Department of Transportation under
10791063 1022Subsection 41-6a-702(5)(b);
10801064 1023 (b) beginning on the effective date of rules made by the Department of Transportation
10811065 1024authorized under Subsection 41-6a-702(5)(b), is no longer eligible for a clean fuel special
10821066 1025group license plate under the rules made by the Department of Transportation; and
10831067 1026 (c) upon renewal or reissuance, is required to replace the clean fuel special group
1084-1027license plate with a new license plate. Enrolled Copy H.B. 26
1085-- 39 -
1068+1027license plate with a new license plate.
10861069 1028 [(13) Until June 30, 2011, a person is exempt from the license plate fee under
10871070 1029Subsection (1) or (6) if the person:]
10881071 1030 [(a) was issued a firefighter recognition special group license plate in accordance with
10891072 1031Section 41-1a-418 prior to July 1, 2009;]
10901073 1032 [(b) upon renewal of the person's vehicle registration on or after July 1, 2009, is not a
10911074 1033contributor to the Firefighter Support Restricted Account as required under Section 41-1a-418;
10921075 1034and]
10931076 1035 [(c) is required to replace the firefighter special group license plate with a new license
10941077 1036plate in accordance with Section 41-1a-418.]
10951078 1037 [(14) A person is not subject to the license plate fee under Subsection (1) if the person
10961079 1038presents official documentation that the person is a recipient of the Purple Heart Award
10971080 1039issued:]
10981081 1040 [(a) by a recognized association representing peace officers who:]
10991082 1041 [(i) receives a salary from a federal, state, county, or municipal government or any
11001083 1042subdivision of the state; and]
11011084 1043 [(ii) works in the state; or]
11021085 1044 [(b) in accordance with Subsection 41-1a-421(2).]
11031086 1045 (13) An individual is exempt from the license plate fee under Subsection (1) if the
11041087 1046individual presents official documentation that the individual is a recipient of the Purple Heart
11051088 1047Award in one of the following forms:
1106-1048 (a) official documentation issued by a recognized association representing peace
1089+1048 (a) official documentation issued by a recognized association representing peace 02-23-23 4:02 PM 4th Sub. (Green) H.B. 26
1090+- 35 -
11071091 1049officers who:
11081092 1050 (i) receive a salary from a federal, state, county, or municipal government or any other
11091093 1051subdivision of the state; and
11101094 1052 (ii) work in the state;
11111095 1053 (b) a membership card in the Military Order of the Purple Heart; or
1112-1054 (c) an original or certificate in lieu of the applicant's military discharge form, DD-214, H.B. 26
1113-Enrolled Copy
1114-- 40 -
1096+1054 (c) an original or certificate in lieu of the applicant's military discharge form, DD-214,
11151097 1055issued by the National Personnel Records Center.
11161098 1056 Section 17. Section 41-1a-1212 is amended to read:
11171099 1057 41-1a-1212. Fee for replacement of license plate decals.
11181100 1058 (1) A fee established in accordance with Section 63J-1-504 shall be paid to the division
11191101 1059for the replacement of a license plate registration decal required by Section 41-1a-402 or a
11201102 1060registration decal required by Section 41-1a-401.
11211103 1061 (2) The fee described in Subsection (1) shall be deposited into the License Plate
1122-1062Restricted Account created in Section 41-1a-122.
1104+1062Restricted Account created in Subsection 41-1a-1201(10).
11231105 1063 Section 18. Section 41-1a-1218 is amended to read:
11241106 1064 41-1a-1218. Uninsured motorist identification fee for tracking motor vehicle
11251107 1065insurance -- Exemption -- Deposit.
11261108 1066 (1) (a) Except as provided in Subsections (1)(b) and (c), at the time application is made
11271109 1067for registration or renewal of registration of a motor vehicle under this chapter, the applicant
11281110 1068shall pay an uninsured motorist identification fee of $1 on each motor vehicle.
11291111 1069 (b) Except as provided in Subsection (1)(c), at the time application is made for
11301112 1070registration or renewal of registration of a motor vehicle for a six-month registration period
11311113 1071under Section 41-1a-215.5, the applicant shall pay an uninsured motorist identification fee of
11321114 107275 cents on each motor vehicle.
11331115 1073 (c) The following are exempt from the fee required under Subsection (1)(a) or (b):
11341116 1074 (i) a commercial vehicle registered as part of a fleet under Section 41-1a-222 or
11351117 1075Section 41-1a-301;
11361118 1076 (ii) a motor vehicle that is exempt from the registration fee under Section 41-1a-1209
11371119 1077or Subsection 41-1a-419(3); and
11381120 1078 (iii) a motor vehicle with a Purple Heart special group license plate issued [in
1139-1079accordance with Section 41-1a-421.]:
1121+1079accordance with Section 41-1a-421.]: 4th Sub. (Green) H.B. 26 02-23-23 4:02 PM
1122+- 36 -
11401123 1080 (A) on or before December 31, 2023; or
1141-1081 (B) in accordance with Part 16, Sponsored Special Group License Plates. Enrolled Copy H.B. 26
1142-- 41 -
1124+1081 (B) in accordance with Part 16, Sponsored Special Group License Plates.
11431125 1082 (2) The revenue generated under this section shall be deposited in the Uninsured
11441126 1083Motorist Identification Restricted Account created in Section 41-12a-806.
11451127 1084 Section 19. Section 41-1a-1222 is amended to read:
11461128 1085 41-1a-1222. Local option highway construction and transportation corridor
11471129 1086preservation fee -- Exemptions -- Deposit -- Transfer -- County ordinance -- Notice.
11481130 1087 (1) As used in this section:
11491131 1088 (a) "Metro township" means the same as that term is defined in Section 10-2a-403.
11501132 1089 (b) "Unincorporated" means the same as that term is defined in Section 10-1-104.
11511133 1090 (2) (a) (i) Except as provided in Subsection (2)(a)(ii), a county legislative body may
11521134 1091impose a local option highway construction and transportation corridor preservation fee of up
11531135 1092to $10 on each motor vehicle registration within the county.
11541136 1093 (ii) A county legislative body may impose a local option highway construction and
11551137 1094transportation corridor preservation fee of up to $7.75 on each motor vehicle registration for a
11561138 1095six-month registration period under Section 41-1a-215.5 within the county.
11571139 1096 (iii) A fee imposed under Subsection (2)(a)(i) or (ii) shall be set in whole dollar
11581140 1097increments.
11591141 1098 (b) If imposed under Subsection (2)(a), at the time application is made for registration
11601142 1099or renewal of registration of a motor vehicle under this chapter, the applicant shall pay the local
11611143 1100option highway construction and transportation corridor preservation fee established by the
11621144 1101county legislative body.
11631145 1102 (c) The following are exempt from the fee required under Subsection (2)(a):
11641146 1103 (i) a motor vehicle that is exempt from the registration fee under Section 41-1a-1209 or
11651147 1104Subsection 41-1a-419(3);
11661148 1105 (ii) a commercial vehicle with an apportioned registration under Section 41-1a-301;
11671149 1106and
11681150 1107 (iii) a motor vehicle with a Purple Heart special group license plate issued [in
1169-1108accordance with Section 41-1a-421.]: H.B. 26
1170-Enrolled Copy
1171-- 42 -
1151+1108accordance with Section 41-1a-421.]:
11721152 1109 (A) on or before December 31, 2023; or
1173-1110 (B) in accordance with Part 16, Sponsored Special Group License Plates.
1153+1110 (B) in accordance with Part 16, Sponsored Special Group License Plates. 02-23-23 4:02 PM 4th Sub. (Green) H.B. 26
1154+- 37 -
11741155 1111 (3) (a) Except as provided in Subsection (3)(b), the revenue generated under this
11751156 1112section shall be:
11761157 1113 (i) deposited in the Local Highway and Transportation Corridor Preservation Fund
11771158 1114created in Section 72-2-117.5;
11781159 1115 (ii) credited to the county from which it is generated; and
11791160 1116 (iii) used and distributed in accordance with Section 72-2-117.5.
11801161 1117 (b) The revenue generated by a fee imposed under this section in a county of the first
11811162 1118class shall be deposited or transferred as follows:
11821163 1119 (i) 50% of the revenue shall be:
11831164 1120 (A) deposited in the County of the First Class Highway Projects Fund created in
11841165 1121Section 72-2-121; and
11851166 1122 (B) used in accordance with Section 72-2-121;
11861167 1123 (ii) 30% of the revenue shall be deposited, credited, and used as provided in Subsection
11871168 1124(3)(a); and
11881169 1125 (iii) 20% of the revenue shall be transferred to the legislative body of a county of the
11891170 1126first class.
11901171 1127 (4) Beginning in a fiscal year beginning on or after July 1, 2023, and for 15 years
11911172 1128thereafter, the legislative body of the county of the first class shall annually transfer, from the
11921173 1129revenue transferred to the legislative body of a county of the first class as described in
11931174 1130Subsection (3)(b)(iii):
11941175 1131 (a) $300,000 to Kearns township; and
11951176 1132 (b) $225,000 to Magna township.
11961177 1133 (5) To impose or change the amount of a fee under this section, the county legislative
11971178 1134body shall pass an ordinance:
1198-1135 (a) approving the fee; Enrolled Copy H.B. 26
1199-- 43 -
1179+1135 (a) approving the fee;
12001180 1136 (b) setting the amount of the fee; and
12011181 1137 (c) providing an effective date for the fee as provided in Subsection (6).
12021182 1138 (6) (a) If a county legislative body enacts, changes, or repeals a fee under this section,
12031183 1139the enactment, change, or repeal shall take effect on July 1 if the commission receives notice
12041184 1140meeting the requirements of Subsection (6)(b) from the county prior to April 1.
1205-1141 (b) The notice described in Subsection (6)(a) shall:
1185+1141 (b) The notice described in Subsection (6)(a) shall: 4th Sub. (Green) H.B. 26 02-23-23 4:02 PM
1186+- 38 -
12061187 1142 (i) state that the county will enact, change, or repeal a fee under this part;
12071188 1143 (ii) include a copy of the ordinance imposing the fee; and
12081189 1144 (iii) if the county enacts or changes the fee under this section, state the amount of the
12091190 1145fee.
12101191 1146 Section 20. Section 41-1a-1305 is amended to read:
12111192 1147 41-1a-1305. License plate and registration card violations -- Class C
12121193 1148misdemeanor.
12131194 1149 It is a class C misdemeanor:
12141195 1150 (1) to break, injure, interfere with, or remove from any vehicle any seal, lock, or device
12151196 1151on it for holding or displaying any license plate or registration card attached for denoting
12161197 1152registration and identity of the vehicle;
12171198 1153 (2) to remove from any registered vehicle the license plate or registration card issued or
12181199 1154attached to it for its registration;
12191200 1155 (3) to place or display any license plate or registration card upon any other vehicle than
12201201 1156the one for which it was issued by the division;
12211202 1157 (4) to use or permit the use or display of any license plate, registration card, or permit
12221203 1158upon or in the operation of any vehicle other than that for which it was issued;
12231204 1159 (5) to operate upon any highway of this state any vehicle required by law to be
12241205 1160registered without having the license plate or plates securely attached, except that the
12251206 1161registration card issued by the division to all trailers and semitrailers shall be carried in the
1226-1162towing vehicle; H.B. 26
1227-Enrolled Copy
1228-- 44 -
1207+1162towing vehicle;
12291208 1163 (6) for any weighmaster to knowingly make any false entry in his record of weights of
12301209 1164vehicles subject to registration or to knowingly report to the commission or division any false
12311210 1165information regarding the weights;
12321211 1166 (7) for any inspector, officer, agent, employee, or other person performing any of the
12331212 1167functions required for the registration or operation of vehicles subject to registration, to do,
12341213 1168permit, cause, connive at, or permit to be done any act with the intent, or knowledge that the
12351214 1169probable effect of the act would be to injure any person, deprive him of his property, or to
12361215 1170injure or defraud the state with respect to its revenues relating to title or registration of
12371216 1171vehicles;
1238-1172 (8) for any person to combine or conspire with another to do, attempt to do, or cause or
1217+1172 (8) for any person to combine or conspire with another to do, attempt to do, or cause or 02-23-23 4:02 PM 4th Sub. (Green) H.B. 26
1218+- 39 -
12391219 1173allow any of the acts in this chapter classified as a misdemeanor;
12401220 1174 (9) to operate any motor vehicle with a camper mounted on it upon any highway
12411221 1175without displaying a current registration decal in clear sight upon the rear of the camper, issued
12421222 1176by the county assessor of the county in which the camper has situs for taxation;
12431223 1177 (10) to manufacture, use, display, or sell any facsimile or reproduction of any license
12441224 1178plate issued by the division or any article that would appear to be a substitute for a license
12451225 1179plate; or
12461226 1180 (11) to fail to return to the division any registration card, license plate or plates,
12471227 1181registration decal, permit, or title that has been canceled, suspended, voided, or revoked.
12481228 1182 Section 21. Section 41-1a-1601 is enacted to read:
12491229 1183 41-1a-1601. Definitions.
12501230 1184 As used in this part:
12511231 1185 (1) "Applicant" means a registered owner who submits an application to obtain or
12521232 1186renew a sponsored special group license plate in accordance with this part.
12531233 1187 (2) (a) "Charitable purpose" means:
12541234 1188 (i) relief of the poor, the distressed, or the underprivileged;
1255-1189 (ii) advancement of religion; Enrolled Copy H.B. 26
1256-- 45 -
1235+1189 (ii) advancement of religion;
12571236 1190 (iii) advancement of education or science;
12581237 1191 (iv) erecting or maintaining a public building, monument, or work;
12591238 1192 (v) reducing the burdens of government;
12601239 1193 (vi) reducing neighborhood tensions;
12611240 1194 (vii) eliminating prejudice and discrimination;
12621241 1195 (viii) defending human rights and civil rights secured by law; or
12631242 1196 (ix) combating community deterioration and juvenile delinquency.
12641243 1197 (b) "Charitable purpose" does not include providing, encouraging, or paying for the
12651244 1198costs of obtaining an abortion.
12661245 1199 (3) "Collegiate special group license plate" means a sponsored special group license
12671246 1200plate issued to a contributor to an institution.
12681247 1201 (4) "Contributor" means an applicant who contributes the required contribution to a
12691248 1202sponsoring organization for a sponsored special group license plate.
1270-1203 (5) (a) "Existing special group license plate" means a special group license plate that
1249+1203 (5) (a) "Existing special group license plate" means a special group license plate that 4th Sub. (Green) H.B. 26 02-23-23 4:02 PM
1250+- 40 -
12711251 1204the division issues before January 1, 2024.
12721252 1205 (b) "Existing special group license plate" does not include a special group license plate
12731253 1206described in Subsection 41-1a-418(1)(a) or (b).
12741254 1207 (6) "Existing state agency recognition special group license plate" means an existing
12751255 1208special group license plate issued to a registered owner who:
12761256 1209 (a) has a special license that supports or furthers a government purpose;
1277-1210 (b) has received an honor that supports or furthers a government purpose;
1278-1211 (c) has achieved an accomplishment that supports or furthers a government purpose; or
1279-1212 (d) holds an elected office.
1280-1213 (7) "Institution" means:
1281-1214 (a) a state institution of higher education as defined in Section 53B-3-102; or
1282-1215 (b) a private institution of higher education in the state accredited by a regional or
1283-1216national accrediting agency recognized by the United States Department of Education. H.B. 26
1284-Enrolled Copy
1257+1210 (b) has achieved an accomplishment that supports or furthers a government purpose;
1258+1211 (c) has received an honor that supports or furthers a government purpose;
1259+1212 (d) has achieved an accomplishment that supports or furthers a government purpose; or
1260+1213 (e) holds an elected office.
1261+1214 (7) "Institution" means:
1262+1215 (a) a state institution of higher education as defined in Section 53B-3-102; or
1263+1216 (b) a private institution of higher education in the state accredited by a regional or
1264+1217national accrediting agency recognized by the United States Department of Education.
1265+1218 (8) (a) "Private nonprofit organization" means a private nonprofit organization that:
1266+1219 (i) qualifies as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
1267+1220and
1268+1221 (ii) has a charitable purpose.
1269+1222 (b) "Private nonprofit organization" does not include an organization that provides,
1270+1223encourages, or pays for the costs of obtaining an abortion.
1271+1224 (9) "Private nonprofit special group license plate" means a sponsored special group
1272+1225license plate issued to a contributor to a private nonprofit organization.
1273+1226 (10) "Required contribution" means:
1274+1227 (a) the minimum annual contribution amount established under Subsection
1275+122841-1a-1603(4)(a)(iii); or
1276+1229 (b) if the sponsoring organization establishes a minimum annual contribution amount
1277+1230in accordance with Subsection 41-1a-1603(4)(b) that is greater than the minimum required
1278+1231contribution amount established under Subsection 41-1a-1603(4)(a)(iii), the amount the
1279+1232sponsoring organization establishes.
1280+1233 (11) "Special group license plate" means:
1281+1234 (a) a collegiate special group license plate; 02-23-23 4:02 PM 4th Sub. (Green) H.B. 26
1282+- 41 -
1283+1235 (b) a private nonprofit special group license plate;
1284+1236 (c) a sponsored special group license plate;
1285+1237 (d) a state agency recognition special group license plate; or
1286+1238 (e) a state agency support special group license plate.
1287+1239 (12) "Sponsored special group license plate" means a license plate:
1288+1240 (a) designed for and associated with a sponsoring organization; and
1289+1241 (b) issued to an applicant in accordance with this part.
1290+1242 (13) "Sponsoring organization" means an institution, a private nonprofit organization,
1291+1243or a state agency that is or seeks to be associated with a sponsored special group license plate
1292+1244created under this part.
1293+1245 (14) "State agency recognition special group license plate" means a sponsored special
1294+1246group license plate issued to an applicant who:
1295+1247 (a) has a special license that supports or furthers a government purpose;
1296+1248 (b) has achieved an accomplishment that supports or furthers a government purpose;
1297+1249 (c) has received an honor that supports or furthers a government purpose;
1298+1250 (d) has achieved an accomplishment that supports or furthers a government purpose; or
1299+1251 (e) holds an elected office.
1300+1252 (15) (a) "State agency support special group license plate" means:
1301+1253 (i) a sponsored special group license plate issued to a contributor to a state agency to
1302+1254support a specific state agency program; or
1303+1255 (ii) an existing special group license plate issued for a special interest vehicle.
1304+1256 (b) "State agency support special group license plate" includes a cancer support license
1305+1257plate created by an act of the Legislature before December 31, 2022.
1306+1258 Section 22. Section 41-1a-1602 is enacted to read:
1307+1259 41-1a-1602. Sponsored special group license plate program.
1308+1260 (1) The division shall establish and administer a sponsored special group license plate
1309+1261program as described in this part.
1310+1262 (2) The division shall issue to an applicant who satisfies the requirements of this part
1311+1263one of the following:
1312+1264 (a) a collegiate special group license plate;
1313+1265 (b) a private nonprofit special group license plate; 4th Sub. (Green) H.B. 26 02-23-23 4:02 PM
1314+- 42 -
1315+1266 (c) a state agency support special group license plate; or
1316+1267 (d) a state agency recognition special group license plate.
1317+1268 Section 23. Section 41-1a-1603 is enacted to read:
1318+1269 41-1a-1603. Application Requirements -- Fees -- Contributions -- Rulemaking.
1319+1270 (1) An applicant for a sponsored special group license plate shall submit to the
1320+1271division:
1321+1272 (a) in a form and manner that the division prescribes, a complete application;
1322+1273 (b) payment of the fee for the issuance of the sponsored special group license plate
1323+1274established under Subsection (4)(a)(i);
1324+1275 (c) the required contribution for the sponsored special group license plate, unless the
1325+1276applicant previously paid the required contribution as part of a preorder application described
1326+1277in Subsection (4); and
1327+1278 (d) if the sponsoring organization elects to require verification as described in Section
1328+127941-1a-1604, a verification form obtained from the sponsoring organization.
1329+1280 (2) An applicant who owns a vehicle with the sponsoring organization's sponsored
1330+1281special group license plate shall submit to the division the required contribution to renew the
1331+1282sponsored special group license plate.
1332+1283 (3) (a) An applicant who wishes to obtain a new type of sponsored special group
1333+1284license plate may preorder the new type of sponsored special group license plate by:
1334+1285 (i) submitting to the sponsoring organization associated with the new type of sponsored
1335+1286special group license plate a complete preorder form created by the division; and
1336+1287 (ii) making the required contribution to the sponsoring organization.
1337+1288 (b) After the division approves the sponsoring organization's request for the new type
1338+1289of sponsored special group license plate under Section 41-1a-1604, an applicant who submitted
1339+1290a preorder in accordance with Subsection (3)(a) may apply for the sponsored special group
1340+1291license plate in accordance with Subsection (1).
1341+1292 (4) (a) The division shall, in accordance with Section 63J-1-504, establish:
1342+1293 (i) the fee to charge an applicant for the division's costs of issuing or renewing a
1343+1294sponsored special group license plate or symbol decal;
1344+1295 (ii) the fee to charge a sponsoring organization for the division's costs of designing and
1345+1296administering a new type of sponsored special group license plate; and 02-23-23 4:02 PM 4th Sub. (Green) H.B. 26
1346+- 43 -
1347+1297 (iii) subject to Subsection (4)(b), in an amount equal to at least $25, the minimum
1348+1298annual contribution amount an applicant is required to make to obtain or renew the sponsoring
1349+1299organization's sponsored special group license plate.
1350+1300 (b) A fee paid in accordance with Subsections (4)(a)(i) or (ii) shall be deposited into
1351+1301the License Plate Restricted Account created in Subsection 41-1a-1201(10).
1352+1302 (c) A sponsoring organization may establish a required contribution amount for the
1353+1303sponsoring organization's sponsored special group license plate that is greater than the amount
1354+1304established by the division under Subsection (4)(a)(iii).
1355+1305 (5) An applicant's contribution is a voluntary contribution for funding the sponsoring
1356+1306organization's activities and not a motor vehicle registration fee.
1357+1307 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1358+1308commission may make rules to establish and administer the sponsored special group license
1359+1309plate program.
1360+1310 Section 24. Section 41-1a-1604 is enacted to read:
1361+1311 41-1a-1604. New sponsored special group license plates -- Eligibility criteria.
1362+1312 (1) If a sponsoring organization satisfies the requirements of this part, the division shall
1363+1313approve an application for a new type of sponsored special group license plate and issue the
1364+1314sponsored special group license plate in accordance with this part.
1365+1315 (2) Subject to the other provisions of this part, a sponsoring organization requesting a
1366+1316new type of sponsored special group license plate shall submit to the division, in a form and
1367+1317manner the division prescribes:
1368+1318 (a) a complete application requesting the new type of sponsored special group license
1369+1319plate that includes:
1370+1320 (i) information about the sponsoring organization the division needs to process the
1371+1321request;
1372+1322 (ii) contact information for an individual representing the sponsoring organization;
1373+1323 (iii) if the sponsoring organization establishes a required contribution amount under
1374+1324Subsection 41-1a-1603(4)(b) that is greater than the minimum required contribution amount
1375+1325established under Subsection 41-1a-1603(4)(a)(iii), the amount of the required contribution;
1376+1326 (iv) account information to allow the division to disburse funds from required
1377+1327contributions the division collects through the sponsored special group license plate program to 4th Sub. (Green) H.B. 26 02-23-23 4:02 PM
1378+- 44 -
1379+1328the sponsoring organization;
1380+1329 (v) a link to a functional website described in Subsection (7); and
1381+1330 (vi) if the sponsoring organization requires an applicant to submit a verification form
1382+1331described in Subsection (8)(b)(i), a statement indicating that a verification form is required;
1383+1332 (b) at least 500 complete preorder applications for the new type of sponsored special
1384+1333group license plate, including verification that each preorder application included the required
1385+1334contribution;
1386+1335 (c) the fee for the cost of designing and administering the new type of sponsored
1387+1336special group license plate established under Subsection 41-1a-1603(4)(a)(ii); and
1388+1337 (d) if the new type of sponsored special group license plate is a private nonprofit
1389+1338special group license plate:
1390+1339 (i) a copy of the Internal Revenue Service letter approving the sponsoring
1391+1340organization's Section 501(c)(3) status;
1392+1341 (ii) an affidavit signed under penalty of perjury declaring that the sponsoring
1393+1342organization has a charitable purpose; and
1394+1343 (iii) an indication of the private nonprofit organization's charitable purpose.
1395+1344 (3) If an application under Subsection (2) is for a special group license plate that was
1396+1345discontinued in accordance with this part, each registered vehicle with the discontinued special
1397+1346group license plate is considered a complete preorder application for the purposes of
1398+1347Subsection (2)(b).
1399+1348 (4) The division:
1400+1349 (a) may share data collected under Subsection (2)(d)(iii) with the Legislature and the
1401+1350state auditor;
1402+1351 (b) may not use the information in Subsection (2)(d)(iii) in deciding whether to
1403+1352approve the sponsoring organization's application; and
1404+1353 (c) is not required to evaluate the accuracy or veracity of information the private
1405+1354nonprofit organization provides under Subsection (2)(d).
1406+1355 (5) Except as otherwise provided in this part, the division may not begin design work
1407+1356on or issue a new type of sponsored special group license plate unless the sponsoring
1408+1357organization satisfies the requirements of Subsection (2).
1409+1358 (6) A sponsoring organization that is a state agency may request a state agency 02-23-23 4:02 PM 4th Sub. (Green) H.B. 26
1410+- 45 -
1411+1359recognition special group license plate without meeting the minimum preorder requirements of
1412+1360Subsection (2)(b) if:
1413+1361 (a) the governor certifies that there is a legitimate government operations purpose for
1414+1362issuing the state agency recognition special group license plate; and
1415+1363 (b) through appropriation or any other source, funds are available to cover the startup
1416+1364and administrative costs of the state agency recognition special group license plate.
1417+1365 (7) A sponsoring organization of a sponsored special group license plate issued in
1418+1366accordance with this part shall maintain a functional website that:
1419+1367 (a) explains how the sponsoring organization will use the required contributions in
1420+1368accordance with this part;
1421+1369 (b) if applicable, makes available the sponsoring organization's most recent Internal
1422+1370Revenue Service Form 990; and
1423+1371 (c) provides instructions for how to obtain a verification form if the sponsoring
1424+1372organization elects to require verification in accordance with Subsection (8).
1425+1373 (8) (a) A sponsoring organization may establish eligibility requirements for the
1426+1374sponsoring organization's sponsored special group license plate.
1427+1375 (b) If a sponsoring organization establishes eligibility requirements under this
1428+1376subsection, the sponsoring organization shall:
1429+1377 (i) inform the division that a verification form is required as part of an application for
1430+1378the sponsoring organization's sponsored special group license plate;
1431+1379 (ii) establish a process for providing a verification form to an applicant; and
1432+1380 (iii) provide a verification form prescribed by the division to an applicant who satisfies
1433+1381the sponsoring organization's eligibility requirements.
1434+1382 (9) The division shall begin issuing the new type of sponsored special group license
1435+1383plate no later than six months after the day on which the division receives the items described
1436+1384in Subsection (2).
1437+1385 (10) The division may:
1438+1386 (a) consider a request for a sponsored special group license plate for two or more
1439+1387military branches as a request for a single type of sponsored special group license plate for the
1440+1388purposes of meeting the eligibility criteria described in this section; and
1441+1389 (b) charge an appropriate fee for ordering multiple symbol decals for each military 4th Sub. (Green) H.B. 26 02-23-23 4:02 PM
12851442 - 46 -
1286-1217 (8) (a) "Private nonprofit organization" means a private nonprofit organization that:
1287-1218 (i) qualifies as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
1288-1219and
1289-1220 (ii) has a charitable purpose.
1290-1221 (b) "Private nonprofit organization" does not include an organization that provides,
1291-1222encourages, or pays for the costs of obtaining an abortion.
1292-1223 (9) "Private nonprofit special group license plate" means a sponsored special group
1293-1224license plate issued to a contributor to a private nonprofit organization.
1294-1225 (10) "Required contribution" means:
1295-1226 (a) the minimum annual contribution amount established under Subsection
1296-122741-1a-1603(4)(a)(iii); or
1297-1228 (b) if the sponsoring organization establishes a minimum annual contribution amount
1298-1229in accordance with Subsection 41-1a-1603(4)(b) that is greater than the minimum required
1299-1230contribution amount established under Subsection 41-1a-1603(4)(a)(iii), the amount the
1300-1231sponsoring organization establishes.
1301-1232 (11) "Special group license plate" means:
1302-1233 (a) a collegiate special group license plate;
1303-1234 (b) a private nonprofit special group license plate;
1304-1235 (c) a sponsored special group license plate;
1305-1236 (d) a state agency recognition special group license plate; or
1306-1237 (e) a state agency support special group license plate.
1307-1238 (12) "Sponsored special group license plate" means a license plate:
1308-1239 (a) designed for and associated with a sponsoring organization; and
1309-1240 (b) issued to an applicant in accordance with this part.
1310-1241 (13) "Sponsoring organization" means an institution, a private nonprofit organization,
1311-1242or a state agency that is or seeks to be associated with a sponsored special group license plate
1312-1243created under this part. Enrolled Copy H.B. 26
1443+1390branch.
1444+1391 Section 25. Section 41-1a-1605 is enacted to read:
1445+1392 41-1a-1605. Collegiate special group license plates.
1446+1393 (1) A sponsoring organization that is an institution shall only use funds received
1447+1394through the sponsored special group license plate program for the institution's academic
1448+1395scholarships.
1449+1396 (2) The state auditor may audit each institution to verify that the money an institution
1450+1397collects from contributors is used only for academic scholarships.
1451+1398 Section 26. Section 41-1a-1606 is enacted to read:
1452+1399 41-1a-1606. Private nonprofit special group license plates.
1453+1400 (1) A sponsoring organization that is a private nonprofit organization shall:
1454+1401 (a) only use funds received through the sponsored special group license plate program
1455+1402for the charitable purpose described in the private nonprofit organization's application
1456+1403submitted to the division under Section 41-1a-1603; and
1457+1404 (b) may not use funds received through the sponsored special group license plate
1458+1405program to pay the private nonprofit organization's employee salaries or benefits,
1459+1406administrative costs, or fundraising expenses.
1460+1407 (2) A private nonprofit organization may collect a contributor's personal information
1461+1408for the purposes of future fundraising and any required reporting, if the private nonprofit
1462+1409organization requires a verification form described in Section 41-1a-1604.
1463+1410 (3) The state auditor may audit each private nonprofit organization to verify that the
1464+1411money the private nonprofit organization collects from contributors is used for the private
1465+1412nonprofit organization's charitable purpose in accordance with this part.
1466+1413 Section 27. Section 41-1a-1607 is enacted to read:
1467+1414 41-1a-1607. State agency special group license plates.
1468+1415 A sponsoring organization that is a state agency:
1469+1416 (1) shall only use funds received through the sponsored special group license plate
1470+1417program for the implementation or administration of the state agency's designated program; and
1471+1418 (2) may not direct funds received through the sponsored special group license plate
1472+1419program to a nongovernmental entity.
1473+1420 Section 28. Section 41-1a-1608 is enacted to read: 02-23-23 4:02 PM 4th Sub. (Green) H.B. 26
13131474 - 47 -
1314-1244 (14) "State agency recognition special group license plate" means a sponsored special
1315-1245group license plate issued to an applicant who:
1316-1246 (a) has a special license that supports or furthers a government purpose;
1317-1247 (b) has received an honor that supports or furthers a government purpose;
1318-1248 (c) has achieved an accomplishment that supports or furthers a government purpose; or
1319-1249 (d) holds an elected office.
1320-1250 (15) (a) "State agency support special group license plate" means:
1321-1251 (i) a sponsored special group license plate issued to a contributor to a state agency to
1322-1252support a specific state agency program; or
1323-1253 (ii) an existing special group license plate issued for a special interest vehicle.
1324-1254 (b) "State agency support special group license plate" includes a cancer support license
1325-1255plate created by an act of the Legislature before December 31, 2022.
1326-1256 Section 22. Section 41-1a-1602 is enacted to read:
1327-1257 41-1a-1602. Sponsored special group license plate program.
1328-1258 (1) The division shall establish and administer a sponsored special group license plate
1329-1259program as described in this part.
1330-1260 (2) The division shall issue to an applicant who satisfies the requirements of this part
1331-1261one of the following:
1332-1262 (a) a collegiate special group license plate;
1333-1263 (b) a private nonprofit special group license plate;
1334-1264 (c) a state agency support special group license plate; or
1335-1265 (d) a state agency recognition special group license plate.
1336-1266 Section 23. Section 41-1a-1603 is enacted to read:
1337-1267 41-1a-1603. Application requirements -- Fees -- Contributions -- Rulemaking.
1338-1268 (1) An applicant for a sponsored special group license plate shall submit to the
1339-1269division:
1340-1270 (a) in a form and manner that the division prescribes, a complete application; H.B. 26
1341-Enrolled Copy
1475+1421 41-1a-1608. Review -- Discontinuance.
1476+1422 (1) The division shall annually review each sponsored special group license plate to
1477+1423determine the number of registered vehicles with each type of sponsored special group license
1478+1424plate during the preceding calendar year.
1479+1425 (2) (a) The division shall discontinue a type of sponsored special group license plate if
1480+1426for three consecutive calendar years, the division's annual review shows that fewer than 500
1481+1427registered vehicles have that type of sponsored special group license plate.
1482+1428 (b) The division shall discontinue a sponsored special group license plate under
1483+1429Subsection (2)(a) beginning January 1 of the calendar year following the year of the third
1484+1430annual review.
1485+1431 (3) If the division discontinues a type of sponsored special group license plate in
1486+1432accordance with this section, the division may not reinstate the sponsored special group license
1487+1433plate unless the sponsoring organization submits a request for the discontinued sponsored
1488+1434special group license plate in the same manner as a request for a new type of sponsored special
1489+1435group license plate under Section 41-1a-1604.
1490+1436 (4) (a) A registered owner to whom the division issued an existing special group
1491+1437license plate or a sponsored special group license plate that the division discontinues in
1492+1438accordance with this section may continue to display the license plate upon renewing the motor
1493+1439vehicle's registration.
1494+1440 (b) A registered owner described in Subsection (4)(a) is not required to pay a required
1495+1441contribution to the sponsoring organization associated with the sponsored special group license
1496+1442plate.
1497+1443 (5) The division may not transfer to a new registered owner a special group license
1498+1444plate that is discontinued under this part.
1499+1445 (6) Subsection (2) does not apply to a state agency recognition special group license
1500+1446plate that is an existing special group license plate.
1501+1447 Section 29. Section 41-1a-1609 is enacted to read:
1502+1448 41-1a-1609. Transition of special group license plates created by legislative acts.
1503+1449 (1) Subject to Subsections (2) and (3), the division shall continue to distribute a special
1504+1450group license plate created by an act of the Legislature.
1505+1451 (2) The procedure described in Section 41-1a-1608 regarding discontinuance of a 4th Sub. (Green) H.B. 26 02-23-23 4:02 PM
13421506 - 48 -
1343-1271 (b) payment of the fee for the issuance of the sponsored special group license plate
1344-1272established under Subsection (4)(a)(i);
1345-1273 (c) the required contribution for the sponsored special group license plate, unless the
1346-1274applicant previously paid the required contribution as part of a preorder application described
1347-1275in Subsection (4); and
1348-1276 (d) if the sponsoring organization elects to require verification as described in Section
1349-127741-1a-1604, a verification form obtained from the sponsoring organization.
1350-1278 (2) An applicant who owns a vehicle with the sponsoring organization's sponsored
1351-1279special group license plate shall submit to the division the required contribution to renew the
1352-1280sponsored special group license plate.
1353-1281 (3) (a) An applicant who wishes to obtain a new type of sponsored special group
1354-1282license plate may preorder the new type of sponsored special group license plate by:
1355-1283 (i) submitting to the sponsoring organization associated with the new type of sponsored
1356-1284special group license plate a complete preorder form created by the division; and
1357-1285 (ii) making the required contribution to the sponsoring organization.
1358-1286 (b) After the division approves the sponsoring organization's request for the new type
1359-1287of sponsored special group license plate under Section 41-1a-1604, an applicant who submitted
1360-1288a preorder in accordance with Subsection (3)(a) may apply for the sponsored special group
1361-1289license plate in accordance with Subsection (1).
1362-1290 (4) (a) The division shall, in accordance with Section 63J-1-504, establish:
1363-1291 (i) the fee to charge an applicant for the division's costs of issuing or renewing a
1364-1292sponsored special group license plate or symbol decal;
1365-1293 (ii) the fee to charge a sponsoring organization for the division's costs of designing and
1366-1294administering a new type of sponsored special group license plate; and
1367-1295 (iii) subject to Subsection (4)(b), in an amount equal to at least $25, the minimum
1368-1296annual contribution amount an applicant is required to make to obtain or renew the sponsoring
1369-1297organization's sponsored special group license plate. Enrolled Copy H.B. 26
1507+1452special group license plate applies to a special group license plate created by an act of the
1508+1453Legislature.
1509+1454 (3) (a) Notwithstanding Subsections (1) and (2), an existing recognition special group
1510+1455license plate that is an honorary consul designated by the United States Department of State is
1511+1456discontinued.
1512+1457 (b) A person with an existing recognition special group license plate that is an honorary
1513+1458consul designated by the United States Department of State shall return the honorary consul
1514+1459recognition special group license plate to the division and may not display the honorary consul
1515+1460special group license plate.
1516+1461 (c) Upon renewal of the vehicle registration related to a vehicle with an honorary
1517+1462consul recognition special group license plate, the division shall issue a new license plate to
1518+1463replace the honorary consul special group license plate.
1519+1464 Section 30. Section 41-1a-1610 is enacted to read:
1520+1465 41-1a-1610. Sponsored Special Group License Plate Fund.
1521+1466 (1) As used in this section, "fund" means the Sponsored Special Group License Plate
1522+1467Fund created in Subsection (2).
1523+1468 (2) There is created an expendable special revenue fund known as the "Sponsored
1524+1469Special Group License Plate Fund."
1525+1470 (3) The fund consists of all required contributions the division collects under this part.
1526+1471 (4) The division shall, at least annually, disburse to each sponsoring organization any
1527+1472money, less any fees or actual administrative costs associated with issuing a sponsoring
1528+1473organization's sponsored special group license plate, from the fund.
1529+1474 Section 31. Section 41-6a-1642 is amended to read:
1530+1475 41-6a-1642. Emissions inspection -- County program.
1531+1476 (1) The legislative body of each county required under federal law to utilize a motor
1532+1477vehicle emissions inspection and maintenance program or in which an emissions inspection
1533+1478and maintenance program is necessary to attain or maintain any national ambient air quality
1534+1479standard shall require:
1535+1480 (a) a certificate of emissions inspection, a waiver, or other evidence the motor vehicle
1536+1481is exempt from emissions inspection and maintenance program requirements be presented:
1537+1482 (i) as a condition of registration or renewal of registration; and 02-23-23 4:02 PM 4th Sub. (Green) H.B. 26
13701538 - 49 -
1371-1298 (b) A fee paid in accordance with Subsection (4)(a)(i) or (ii) shall be deposited into the
1372-1299License Plate Restricted Account created in Subsection 41-1a-122.
1373-1300 (c) A sponsoring organization may establish a required contribution amount for the
1374-1301sponsoring organization's sponsored special group license plate that is greater than the amount
1375-1302established by the division under Subsection (4)(a)(iii).
1376-1303 (5) An applicant's contribution is a voluntary contribution for funding the sponsoring
1377-1304organization's activities and not a motor vehicle registration fee.
1378-1305 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1379-1306commission may make rules to establish and administer the sponsored special group license
1380-1307plate program.
1381-1308 Section 24. Section 41-1a-1604 is enacted to read:
1382-1309 41-1a-1604. New sponsored special group license plates -- Eligibility criteria.
1383-1310 (1) If a sponsoring organization satisfies the requirements of this part, the division shall
1384-1311approve an application for a new type of sponsored special group license plate and issue the
1385-1312sponsored special group license plate in accordance with this part.
1386-1313 (2) Subject to the other provisions of this part, a sponsoring organization requesting a
1387-1314new type of sponsored special group license plate shall submit to the division, in a form and
1388-1315manner the division prescribes:
1389-1316 (a) a complete application requesting the new type of sponsored special group license
1390-1317plate that includes:
1391-1318 (i) information about the sponsoring organization the division needs to process the
1392-1319request;
1393-1320 (ii) contact information for an individual representing the sponsoring organization;
1394-1321 (iii) if the sponsoring organization establishes a required contribution amount under
1395-1322Subsection 41-1a-1603(4)(b) that is greater than the minimum required contribution amount
1396-1323established under Subsection 41-1a-1603(4)(a)(iii), the amount of the required contribution;
1397-1324 (iv) account information to allow the division to disburse funds from required H.B. 26
1398-Enrolled Copy
1539+1483 (ii) at other times as the county legislative body may require to enforce inspection
1540+1484requirements for individual motor vehicles, except that the county legislative body may not
1541+1485routinely require a certificate of emissions inspection, or waiver of the certificate, more often
1542+1486than required under Subsection (9); and
1543+1487 (b) compliance with this section for a motor vehicle registered or principally operated
1544+1488in the county and owned by or being used by a department, division, instrumentality, agency, or
1545+1489employee of:
1546+1490 (i) the federal government;
1547+1491 (ii) the state and any of its agencies; or
1548+1492 (iii) a political subdivision of the state, including school districts.
1549+1493 (2) A vehicle owner subject to Subsection (1) shall obtain a motor vehicle emissions
1550+1494inspection and maintenance program certificate of emissions inspection as described in
1551+1495Subsection (1), but the program may not deny vehicle registration based solely on the presence
1552+1496of a defeat device covered in the Volkswagen partial consent decrees or a United States
1553+1497Environmental Protection Agency-approved vehicle modification in the following vehicles:
1554+1498 (a) a 2.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide
1555+1499emissions are mitigated in the state pursuant to a partial consent decree, including:
1556+1500 (i) Volkswagen Jetta, model years 2009, 2010, 2011, 2012, 2013, 2014, and 2015;
1557+1501 (ii) Volkswagen Jetta Sportwagen, model years 2009, 2010, 2011, 2012, 2013, and
1558+15022014;
1559+1503 (iii) Volkswagen Golf, model years 2010, 2011, 2012, 2013, 2014, and 2015;
1560+1504 (iv) Volkswagen Golf Sportwagen, model year 2015;
1561+1505 (v) Volkswagen Passat, model years 2012, 2013, 2014, and 2015;
1562+1506 (vi) Volkswagen Beetle, model years 2013, 2014, and 2015;
1563+1507 (vii) Volkswagen Beetle Convertible, model years 2013, 2014, and 2015; and
1564+1508 (viii) Audi A3, model years 2010, 2011, 2012, 2013, and 2015; and
1565+1509 (b) a 3.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide
1566+1510emissions are mitigated in the state to a settlement, including:
1567+1511 (i) Volkswagen Touareg, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015, and
1568+15122016;
1569+1513 (ii) Audi Q7, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015, and 2016; 4th Sub. (Green) H.B. 26 02-23-23 4:02 PM
13991570 - 50 -
1400-1325contributions the division collects through the sponsored special group license plate program to
1401-1326the sponsoring organization;
1402-1327 (v) a link to a functional website described in Subsection (7); and
1403-1328 (vi) if the sponsoring organization requires an applicant to submit a verification form
1404-1329described in Subsection (8)(b)(i), a statement indicating that a verification form is required;
1405-1330 (b) at least 500 complete preorder applications for the new type of sponsored special
1406-1331group license plate, including verification that each preorder application included the required
1407-1332contribution;
1408-1333 (c) the fee for the cost of designing and administering the new type of sponsored
1409-1334special group license plate established under Subsection 41-1a-1603(4)(a)(ii); and
1410-1335 (d) if the new type of sponsored special group license plate is a private nonprofit
1411-1336special group license plate:
1412-1337 (i) a copy of the Internal Revenue Service letter approving the sponsoring
1413-1338organization's Section 501(c)(3) status;
1414-1339 (ii) an affidavit signed under penalty of perjury declaring that the sponsoring
1415-1340organization has a charitable purpose; and
1416-1341 (iii) an indication of the private nonprofit organization's charitable purpose.
1417-1342 (3) If an application under Subsection (2) is for a special group license plate that was
1418-1343discontinued in accordance with this part, each registered vehicle with the discontinued special
1419-1344group license plate is considered a complete preorder application for the purposes of
1420-1345Subsection (2)(b).
1421-1346 (4) The division:
1422-1347 (a) may share data collected under Subsection (2)(d)(iii) with the Legislature and the
1423-1348state auditor;
1424-1349 (b) may not use the information in Subsection (2)(d)(iii) in deciding whether to
1425-1350approve the sponsoring organization's application; and
1426-1351 (c) is not required to evaluate the accuracy or veracity of information the private Enrolled Copy H.B. 26
1571+1514 (iii) Audi A6 Quattro, model years 2014, 2015, and 2016;
1572+1515 (iv) Audi A7 Quattro, model years 2014, 2015, and 2016;
1573+1516 (v) Audi A8, model years 2014, 2015, and 2016;
1574+1517 (vi) Audi A8L, model years 2014, 2015, and 2016;
1575+1518 (vii) Audi Q5, model years 2014, 2015, and 2016; and
1576+1519 (viii) Porsche Cayenne Diesel, model years 2013, 2014, 2015, and 2016.
1577+1520 (3) (a) The legislative body of a county identified in Subsection (1), in consultation
1578+1521with the Air Quality Board created under Section 19-1-106, shall make regulations or
1579+1522ordinances regarding:
1580+1523 (i) emissions standards;
1581+1524 (ii) test procedures;
1582+1525 (iii) inspections stations;
1583+1526 (iv) repair requirements and dollar limits for correction of deficiencies; and
1584+1527 (v) certificates of emissions inspections.
1585+1528 (b) In accordance with Subsection (3)(a), a county legislative body:
1586+1529 (i) shall make regulations or ordinances to attain or maintain ambient air quality
1587+1530standards in the county, consistent with the state implementation plan and federal
1588+1531requirements;
1589+1532 (ii) may allow for a phase-in of the program by geographical area; and
1590+1533 (iii) shall comply with the analyzer design and certification requirements contained in
1591+1534the state implementation plan prepared under Title 19, Chapter 2, Air Conservation Act.
1592+1535 (c) The county legislative body and the Air Quality Board shall give preference to an
1593+1536inspection and maintenance program that:
1594+1537 (i) is decentralized, to the extent the decentralized program will attain and maintain
1595+1538ambient air quality standards and meet federal requirements;
1596+1539 (ii) is the most cost effective means to achieve and maintain the maximum benefit with
1597+1540regard to ambient air quality standards and to meet federal air quality requirements as related to
1598+1541vehicle emissions; and
1599+1542 (iii) provides a reasonable phase-out period for replacement of air pollution emission
1600+1543testing equipment made obsolete by the program.
1601+1544 (d) The provisions of Subsection (3)(c)(iii) apply only to the extent the phase-out: 02-23-23 4:02 PM 4th Sub. (Green) H.B. 26
14271602 - 51 -
1428-1352nonprofit organization provides under Subsection (2)(d).
1429-1353 (5) Except as otherwise provided in this part, the division may not begin design work
1430-1354on or issue a new type of sponsored special group license plate unless the sponsoring
1431-1355organization satisfies the requirements of Subsection (2).
1432-1356 (6) A sponsoring organization that is a state agency may request a state agency
1433-1357recognition special group license plate without meeting the minimum preorder requirements of
1434-1358Subsection (2)(b) if:
1435-1359 (a) the governor certifies that there is a legitimate government operations purpose for
1436-1360issuing the state agency recognition special group license plate; and
1437-1361 (b) through appropriation or any other source, funds are available to cover the start-up
1438-1362and administrative costs of the state agency recognition special group license plate.
1439-1363 (7) A sponsoring organization of a sponsored special group license plate issued in
1440-1364accordance with this part shall maintain a functional website that:
1441-1365 (a) explains how the sponsoring organization will use the required contributions in
1442-1366accordance with this part;
1443-1367 (b) if applicable, makes available the sponsoring organization's most recent Internal
1444-1368Revenue Service Form 990; and
1445-1369 (c) provides instructions for how to obtain a verification form if the sponsoring
1446-1370organization elects to require verification in accordance with Subsection (8).
1447-1371 (8) (a) A sponsoring organization may establish eligibility requirements for the
1448-1372sponsoring organization's sponsored special group license plate.
1449-1373 (b) If a sponsoring organization establishes eligibility requirements under this
1450-1374subsection, the sponsoring organization shall:
1451-1375 (i) inform the division that a verification form is required as part of an application for
1452-1376the sponsoring organization's sponsored special group license plate;
1453-1377 (ii) establish a process for providing a verification form to an applicant; and
1454-1378 (iii) provide a verification form prescribed by the division to an applicant who satisfies H.B. 26
1455-Enrolled Copy
1603+1545 (i) may be accomplished in accordance with applicable federal requirements; and
1604+1546 (ii) does not otherwise interfere with the attainment and maintenance of ambient air
1605+1547quality standards.
1606+1548 (4) The following vehicles are exempt from an emissions inspection program and the
1607+1549provisions of this section:
1608+1550 (a) an implement of husbandry as defined in Section 41-1a-102;
1609+1551 (b) a motor vehicle that:
1610+1552 (i) meets the definition of a farm truck under Section 41-1a-102; and
1611+1553 (ii) has a gross vehicle weight rating of 12,001 pounds or more;
1612+1554 (c) a vintage vehicle as defined in Section 41-21-1:
1613+1555 (i) if the vintage vehicle has a model year of 1980 or older; or
1614+1556 (ii) for a vintage vehicle that has a model year of 1981 or newer, if the owner provides
1615+1557proof of vehicle insurance that is a type specific to a vehicle collector;
1616+1558 (d) a custom vehicle as defined in Section 41-6a-1507;
1617+1559 (e) to the extent allowed under the current federally approved state implementation
1618+1560plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401, et seq., a motor
1619+1561vehicle that is less than two years old on January 1 based on the age of the vehicle as
1620+1562determined by the model year identified by the manufacturer;
1621+1563 (f) a pickup truck, as defined in Section 41-1a-102, with a gross vehicle weight rating
1622+1564of 12,000 pounds or less, if the registered owner of the pickup truck provides a signed
1623+1565statement to the legislative body stating the truck is used:
1624+1566 (i) by the owner or operator of a farm located on property that qualifies as land in
1625+1567agricultural use under Sections 59-2-502 and 59-2-503; and
1626+1568 (ii) exclusively for the following purposes in operating the farm:
1627+1569 (A) for the transportation of farm products, including livestock and its products,
1628+1570poultry and its products, floricultural and horticultural products; and
1629+1571 (B) in the transportation of farm supplies, including tile, fence, and every other thing or
1630+1572commodity used in agricultural, floricultural, horticultural, livestock, and poultry production
1631+1573and maintenance;
1632+1574 (g) a motorcycle as defined in Section 41-1a-102;
1633+1575 (h) an electric motor vehicle as defined in Section 41-1a-102; and 4th Sub. (Green) H.B. 26 02-23-23 4:02 PM
14561634 - 52 -
1457-1379the sponsoring organization's eligibility requirements.
1458-1380 (9) The division shall begin issuing the new type of sponsored special group license
1459-1381plate no later than six months after the day on which the division receives the items described
1460-1382in Subsection (2).
1461-1383 (10) The division may:
1462-1384 (a) consider a request for a sponsored special group license plate for two or more
1463-1385military branches as a request for a single type of sponsored special group license plate for the
1464-1386purposes of meeting the eligibility criteria described in this section; and
1465-1387 (b) charge an appropriate fee for ordering multiple symbol decals for each military
1466-1388branch.
1467-1389 Section 25. Section 41-1a-1605 is enacted to read:
1468-1390 41-1a-1605. Collegiate special group license plates.
1469-1391 (1) A sponsoring organization that is an institution shall only use funds received
1470-1392through the sponsored special group license plate program for the institution's academic
1471-1393scholarships.
1472-1394 (2) The state auditor may audit each institution to verify that the money an institution
1473-1395collects from contributors is used only for academic scholarships.
1474-1396 Section 26. Section 41-1a-1606 is enacted to read:
1475-1397 41-1a-1606. Private nonprofit special group license plates.
1476-1398 (1) A sponsoring organization that is a private nonprofit organization shall:
1477-1399 (a) only use funds received through the sponsored special group license plate program
1478-1400for the charitable purpose described in the private nonprofit organization's application
1479-1401submitted to the division under Section 41-1a-1603; and
1480-1402 (b) may not use funds received through the sponsored special group license plate
1481-1403program to pay the private nonprofit organization's employee salaries or benefits,
1482-1404administrative costs, or fundraising expenses.
1483-1405 (2) A private nonprofit organization may collect a contributor's personal information Enrolled Copy H.B. 26
1635+1576 (i) a motor vehicle with a model year of 1967 or older.
1636+1577 (5) The county shall issue to the registered owner who signs and submits a signed
1637+1578statement under Subsection (4)(f) a certificate of exemption from emissions inspection
1638+1579requirements for purposes of registering the exempt vehicle.
1639+1580 (6) A legislative body of a county described in Subsection (1) may exempt from an
1640+1581emissions inspection program a diesel-powered motor vehicle with a:
1641+1582 (a) gross vehicle weight rating of more than 14,000 pounds; or
1642+1583 (b) model year of 1997 or older.
1643+1584 (7) The legislative body of a county required under federal law to utilize a motor
1644+1585vehicle emissions inspection program shall require:
1645+1586 (a) a computerized emissions inspection for a diesel-powered motor vehicle that has:
1646+1587 (i) a model year of 2007 or newer;
1647+1588 (ii) a gross vehicle weight rating of 14,000 pounds or less; and
1648+1589 (iii) a model year that is five years old or older; and
1649+1590 (b) a visual inspection of emissions equipment for a diesel-powered motor vehicle:
1650+1591 (i) with a gross vehicle weight rating of 14,000 pounds or less;
1651+1592 (ii) that has a model year of 1998 or newer; and
1652+1593 (iii) that has a model year that is five years old or older.
1653+1594 (8) (a) Subject to Subsection (8)(c), the legislative body of each county required under
1654+1595federal law to utilize a motor vehicle emissions inspection and maintenance program or in
1655+1596which an emissions inspection and maintenance program is necessary to attain or maintain any
1656+1597national ambient air quality standard may require each college or university located in a county
1657+1598subject to this section to require its students and employees who park a motor vehicle not
1658+1599registered in a county subject to this section to provide proof of compliance with an emissions
1659+1600inspection accepted by the county legislative body if the motor vehicle is parked on the college
1660+1601or university campus or property.
1661+1602 (b) College or university parking areas that are metered or for which payment is
1662+1603required per use are not subject to the requirements of this Subsection (8).
1663+1604 (c) The legislative body of a county shall make the reasons for implementing the
1664+1605provisions of this Subsection (8) part of the record at the time that the county legislative body
1665+1606takes its official action to implement the provisions of this Subsection (8). 02-23-23 4:02 PM 4th Sub. (Green) H.B. 26
14841666 - 53 -
1485-1406for the purposes of future fundraising and any required reporting, if the private nonprofit
1486-1407organization requires a verification form described in Section 41-1a-1604.
1487-1408 (3) The state auditor may audit each private nonprofit organization to verify that the
1488-1409money the private nonprofit organization collects from contributors is used for the private
1489-1410nonprofit organization's charitable purpose in accordance with this part.
1490-1411 Section 27. Section 41-1a-1607 is enacted to read:
1491-1412 41-1a-1607. State agency special group license plates.
1492-1413 A sponsoring organization that is a state agency:
1493-1414 (1) shall only use funds received through the sponsored special group license plate
1494-1415program for the implementation or administration of the state agency's designated program; and
1495-1416 (2) may not direct funds received through the sponsored special group license plate
1496-1417program to a nongovernmental entity.
1497-1418 Section 28. Section 41-1a-1608 is enacted to read:
1498-1419 41-1a-1608. Review -- Discontinuance.
1499-1420 (1) The division shall annually review each sponsored special group license plate to
1500-1421determine the number of registered vehicles with each type of sponsored special group license
1501-1422plate during the preceding calendar year.
1502-1423 (2) (a) The division shall discontinue a type of sponsored special group license plate if
1503-1424for three consecutive calendar years, the division's annual review shows that fewer than 500
1504-1425registered vehicles have that type of sponsored special group license plate.
1505-1426 (b) The division shall discontinue a sponsored special group license plate under
1506-1427Subsection (2)(a) beginning January 1 of the calendar year following the year of the third
1507-1428annual review.
1508-1429 (3) If the division discontinues a type of sponsored special group license plate in
1509-1430accordance with this section, the division may not reinstate the sponsored special group license
1510-1431plate unless the sponsoring organization submits a request for the discontinued sponsored
1511-1432special group license plate in the same manner as a request for a new type of sponsored special H.B. 26
1512-Enrolled Copy
1667+1607 (9) (a) An emissions inspection station shall issue a certificate of emissions inspection
1668+1608for each motor vehicle that meets the inspection and maintenance program requirements
1669+1609established in regulations or ordinances made under Subsection (3).
1670+1610 (b) The frequency of the emissions inspection shall be determined based on the age of
1671+1611the vehicle as determined by model year and shall be required annually subject to the
1672+1612provisions of Subsection (9)(c).
1673+1613 (c) (i) To the extent allowed under the current federally approved state implementation
1674+1614plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401 et seq., the legislative
1675+1615body of a county identified in Subsection (1) shall only require the emissions inspection every
1676+1616two years for each vehicle.
1677+1617 (ii) The provisions of Subsection (9)(c)(i) apply only to a vehicle that is less than six
1678+1618years old on January 1.
1679+1619 (iii) For a county required to implement a new vehicle emissions inspection and
1680+1620maintenance program on or after December 1, 2012, under Subsection (1), but for which no
1681+1621current federally approved state implementation plan exists, a vehicle shall be tested at a
1682+1622frequency determined by the county legislative body, in consultation with the Air Quality
1683+1623Board created under Section 19-1-106, that is necessary to comply with federal law or attain or
1684+1624maintain any national ambient air quality standard.
1685+1625 (iv) If a county legislative body establishes or changes the frequency of a vehicle
1686+1626emissions inspection and maintenance program under Subsection (9)(c)(iii), the establishment
1687+1627or change shall take effect on January 1 if the State Tax Commission receives notice meeting
1688+1628the requirements of Subsection (9)(c)(v) from the county before October 1.
1689+1629 (v) The notice described in Subsection (9)(c)(iv) shall:
1690+1630 (A) state that the county will establish or change the frequency of the vehicle emissions
1691+1631inspection and maintenance program under this section;
1692+1632 (B) include a copy of the ordinance establishing or changing the frequency; and
1693+1633 (C) if the county establishes or changes the frequency under this section, state how
1694+1634frequently the emissions testing will be required.
1695+1635 (d) If an emissions inspection is only required every two years for a vehicle under
1696+1636Subsection (9)(c), the inspection shall be required for the vehicle in:
1697+1637 (i) odd-numbered years for vehicles with odd-numbered model years; or 4th Sub. (Green) H.B. 26 02-23-23 4:02 PM
15131698 - 54 -
1514-1433group license plate under Section 41-1a-1604.
1515-1434 (4) (a) A registered owner to whom the division issued an existing special group
1516-1435license plate or a sponsored special group license plate that the division discontinues in
1517-1436accordance with this section may continue to display the license plate upon renewing the motor
1518-1437vehicle's registration.
1519-1438 (b) A registered owner described in Subsection (4)(a) is not required to pay a required
1520-1439contribution to the sponsoring organization associated with the sponsored special group license
1521-1440plate.
1522-1441 (5) The division may not transfer to a new registered owner a special group license
1523-1442plate that is discontinued under this part.
1524-1443 (6) Subsection (2) does not apply to a state agency recognition special group license
1525-1444plate that is an existing special group license plate.
1526-1445 Section 29. Section 41-1a-1609 is enacted to read:
1527-1446 41-1a-1609. Transition of special group license plates created by legislative acts.
1528-1447 (1) Subject to Subsections (2) and (3), the division shall continue to distribute a special
1529-1448group license plate created by an act of the Legislature.
1530-1449 (2) The procedure described in Section 41-1a-1608 regarding discontinuance of a
1531-1450special group license plate applies to a special group license plate created by an act of the
1532-1451Legislature.
1533-1452 (3) (a) Notwithstanding Subsections (1) and (2), an existing recognition special group
1534-1453license plate that is an honorary consul designated by the United States Department of State is
1535-1454discontinued.
1536-1455 (b) A person with an existing recognition special group license plate that is an honorary
1537-1456consul designated by the United States Department of State shall return the honorary consul
1538-1457recognition special group license plate to the division and may not display the honorary consul
1539-1458special group license plate.
1540-1459 (c) Upon renewal of the vehicle registration related to a vehicle with an honorary Enrolled Copy H.B. 26
1699+1638 (ii) in even-numbered years for vehicles with even-numbered model years.
1700+1639 (10) (a) Except as provided in Subsections (9)(b), (c), and (d), the emissions inspection
1701+1640required under this section may be made no more than two months before the renewal of
1702+1641registration.
1703+1642 (b) (i) If the title of a used motor vehicle is being transferred, the owner may use an
1704+1643emissions inspection certificate issued for the motor vehicle during the previous 11 months to
1705+1644satisfy the requirement under this section.
1706+1645 (ii) If the transferor is a licensed and bonded used motor vehicle dealer, the owner may
1707+1646use an emissions inspection certificate issued for the motor vehicle in a licensed and bonded
1708+1647motor vehicle dealer's name during the previous 11 months to satisfy the requirement under
1709+1648this section.
1710+1649 (c) If the title of a leased vehicle is being transferred to the lessee of the vehicle, the
1711+1650lessee may use an emissions inspection certificate issued during the previous 11 months to
1712+1651satisfy the requirement under this section.
1713+1652 (d) If the motor vehicle is part of a fleet of 101 or more vehicles, the owner may not
1714+1653use an emissions inspection made more than 11 months before the renewal of registration to
1715+1654satisfy the requirement under this section.
1716+1655 (e) If the application for renewal of registration is for a six-month registration period
1717+1656under Section 41-1a-215.5, the owner may use an emissions inspection certificate issued during
1718+1657the previous eight months to satisfy the requirement under this section.
1719+1658 (11) (a) A county identified in Subsection (1) shall collect information about and
1720+1659monitor the program.
1721+1660 (b) A county identified in Subsection (1) shall supply this information to an appropriate
1722+1661legislative committee, as designated by the Legislative Management Committee, at times
1723+1662determined by the designated committee to identify program needs, including funding needs.
1724+1663 (12) If approved by the county legislative body, a county that had an established
1725+1664emissions inspection fee as of January 1, 2002, may increase the established fee that an
1726+1665emissions inspection station may charge by $2.50 for each year that is exempted from
1727+1666emissions inspections under Subsection (9)(c) up to a $7.50 increase.
1728+1667 (13) (a) Except as provided in Subsection 41-1a-1223(1)(c), a county identified in
1729+1668Subsection (1) may impose a local emissions compliance fee on each motor vehicle registration 02-23-23 4:02 PM 4th Sub. (Green) H.B. 26
15411730 - 55 -
1542-1460consul recognition special group license plate, the division shall issue a new license plate to
1543-1461replace the honorary consul special group license plate.
1544-1462 Section 30. Section 41-1a-1610 is enacted to read:
1545-1463 41-1a-1610. Sponsored Special Group License Plate Fund.
1546-1464 (1) As used in this section, "fund" means the Sponsored Special Group License Plate
1547-1465Fund created in Subsection (2).
1548-1466 (2) There is created an expendable special revenue fund known as the "Sponsored
1549-1467Special Group License Plate Fund."
1550-1468 (3) The fund consists of all required contributions the division collects under this part.
1551-1469 (4) The division shall, at least annually, disburse to each sponsoring organization any
1552-1470money, less any fees or actual administrative costs associated with issuing a sponsoring
1553-1471organization's sponsored special group license plate, from the fund.
1554-1472 Section 31. Section 41-6a-1642 is amended to read:
1555-1473 41-6a-1642. Emissions inspection -- County program.
1556-1474 (1) The legislative body of each county required under federal law to utilize a motor
1557-1475vehicle emissions inspection and maintenance program or in which an emissions inspection
1558-1476and maintenance program is necessary to attain or maintain any national ambient air quality
1559-1477standard shall require:
1560-1478 (a) a certificate of emissions inspection, a waiver, or other evidence the motor vehicle
1561-1479is exempt from emissions inspection and maintenance program requirements be presented:
1562-1480 (i) as a condition of registration or renewal of registration; and
1563-1481 (ii) at other times as the county legislative body may require to enforce inspection
1564-1482requirements for individual motor vehicles, except that the county legislative body may not
1565-1483routinely require a certificate of emissions inspection, or waiver of the certificate, more often
1566-1484than required under Subsection (9); and
1567-1485 (b) compliance with this section for a motor vehicle registered or principally operated
1568-1486in the county and owned by or being used by a department, division, instrumentality, agency, or H.B. 26
1569-Enrolled Copy
1731+1669within the county in accordance with the procedures and requirements of Section 41-1a-1223.
1732+1670 (b) A county that imposes a local emissions compliance fee may use revenues
1733+1671generated from the fee for the establishment and enforcement of an emissions inspection and
1734+1672maintenance program in accordance with the requirements of this section.
1735+1673 (c) A county that imposes a local emissions compliance fee may use revenues
1736+1674generated from the fee to promote programs to maintain a local, state, or national ambient air
1737+1675quality standard.
1738+1676 (14) (a) If a county has reason to believe that a vehicle owner has provided an address
1739+1677as required in Section 41-1a-209 to register or attempt to register a motor vehicle in a county
1740+1678other than the county of the bona fide residence of the owner in order to avoid an emissions
1741+1679inspection required under this section, the county may investigate and gather evidence to
1742+1680determine whether the vehicle owner has used a false address or an address other than the
1743+1681vehicle owner's bona fide residence or place of business.
1744+1682 (b) If a county conducts an investigation as described in Subsection (14)(a) and
1745+1683determines that the vehicle owner has used a false or improper address in an effort to avoid an
1746+1684emissions inspection as required in this section, the county may impose a civil penalty of
1747+1685$1,000.
1748+1686 (15) A county legislative body described in Subsection (1) may exempt a motor vehicle
1749+1687from an emissions inspection if:
1750+1688 (a) the motor vehicle is 30 years old or older;
1751+1689 (b) the county determines that the motor vehicle was driven less than 1,500 miles
1752+1690during the preceding 12-month period; and
1753+1691 (c) the owner provides to the county legislative body a statement signed by the owner
1754+1692that states the motor vehicle:
1755+1693 (i) is primarily a collector's item used for:
1756+1694 (A) participation in club activities;
1757+1695 (B) exhibitions;
1758+1696 (C) tours; or
1759+1697 (D) parades; or
1760+1698 (ii) is only used for occasional transportation.
1761+1699 Section 32. Section 53-8-214 is amended to read: 4th Sub. (Green) H.B. 26 02-23-23 4:02 PM
15701762 - 56 -
1571-1487employee of:
1572-1488 (i) the federal government;
1573-1489 (ii) the state and any of its agencies; or
1574-1490 (iii) a political subdivision of the state, including school districts.
1575-1491 (2) A vehicle owner subject to Subsection (1) shall obtain a motor vehicle emissions
1576-1492inspection and maintenance program certificate of emissions inspection as described in
1577-1493Subsection (1), but the program may not deny vehicle registration based solely on the presence
1578-1494of a defeat device covered in the Volkswagen partial consent decrees or a United States
1579-1495Environmental Protection Agency-approved vehicle modification in the following vehicles:
1580-1496 (a) a 2.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide
1581-1497emissions are mitigated in the state pursuant to a partial consent decree, including:
1582-1498 (i) Volkswagen Jetta, model years 2009, 2010, 2011, 2012, 2013, 2014, and 2015;
1583-1499 (ii) Volkswagen Jetta Sportwagen, model years 2009, 2010, 2011, 2012, 2013, and
1584-15002014;
1585-1501 (iii) Volkswagen Golf, model years 2010, 2011, 2012, 2013, 2014, and 2015;
1586-1502 (iv) Volkswagen Golf Sportwagen, model year 2015;
1587-1503 (v) Volkswagen Passat, model years 2012, 2013, 2014, and 2015;
1588-1504 (vi) Volkswagen Beetle, model years 2013, 2014, and 2015;
1589-1505 (vii) Volkswagen Beetle Convertible, model years 2013, 2014, and 2015; and
1590-1506 (viii) Audi A3, model years 2010, 2011, 2012, 2013, and 2015; and
1591-1507 (b) a 3.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide
1592-1508emissions are mitigated in the state to a settlement, including:
1593-1509 (i) Volkswagen Touareg, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015, and
1594-15102016;
1595-1511 (ii) Audi Q7, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015, and 2016;
1596-1512 (iii) Audi A6 Quattro, model years 2014, 2015, and 2016;
1597-1513 (iv) Audi A7 Quattro, model years 2014, 2015, and 2016; Enrolled Copy H.B. 26
1763+1700 53-8-214. Creation of the Motor Vehicle Safety Impact Restricted Account.
1764+1701 (1) There is created a restricted account within the General Fund known as the Motor
1765+1702Vehicle Safety Impact Restricted Account.
1766+1703 (2) The account includes:
1767+1704 (a) deposits made to the restricted account from registration fees as described in
1768+1705Subsection [41-1a-1201(8);] 41-1a-1201(7);
1769+1706 (b) donations or deposits made to the account; and
1770+1707 (c) any interest earned on the account.
1771+1708 (3) Upon appropriation, the division may use funds in the account to improve motor
1772+1709vehicle safety, mitigate impacts, and enforce safety provisions, including the following:
1773+1710 (a) hiring new Highway Patrol troopers;
1774+1711 (b) payment of overtime for Highway Patrol troopers; and
1775+1712 (c) acquisition of equipment to improve motor vehicle safety impacts and enforcement.
1776+1713 (4) The division shall annually report to the Executive Offices and Criminal Justice
1777+1714Appropriations Subcommittee to justify expenditures and use of funds in the account.
1778+1715 Section 33. Section 59-10-1319 is amended to read:
1779+1716 59-10-1319. Contribution to Clean Air Fund.
1780+1717 (1) (a) There is created an expendable special revenue fund known as the "Clean Air
1781+1718Fund."
1782+1719 (b) The fund shall consist of all amounts deposited into the fund in accordance with
1783+1720Subsection (2).
1784+1721 (2) (a) Except as provided in Section 59-10-1304, for a taxable year beginning on or
1785+1722after January 1, 2017, a resident or nonresident individual who files an individual income tax
1786+1723return under this chapter may designate on the resident or nonresident individual's individual
1787+1724income tax return a contribution as provided in this section to be:
1788+1725 (i) deposited into the Clean Air Fund; and
1789+1726 (ii) expended as provided in Subsection (3).
1790+1727 (b) The fund shall also consist of amounts deposited into the fund through:
1791+1728 [(i) contributions deposited into the account in accordance with Section 41-1a-422;]
1792+1729 [(ii)] (i) private contributions; and
1793+1730 [(iii)] (ii) donations or grants from public or private entities. 02-23-23 4:02 PM 4th Sub. (Green) H.B. 26
15981794 - 57 -
1599-1514 (v) Audi A8, model years 2014, 2015, and 2016;
1600-1515 (vi) Audi A8L, model years 2014, 2015, and 2016;
1601-1516 (vii) Audi Q5, model years 2014, 2015, and 2016; and
1602-1517 (viii) Porsche Cayenne Diesel, model years 2013, 2014, 2015, and 2016.
1603-1518 (3) (a) The legislative body of a county identified in Subsection (1), in consultation
1604-1519with the Air Quality Board created under Section 19-1-106, shall make regulations or
1605-1520ordinances regarding:
1606-1521 (i) emissions standards;
1607-1522 (ii) test procedures;
1608-1523 (iii) inspections stations;
1609-1524 (iv) repair requirements and dollar limits for correction of deficiencies; and
1610-1525 (v) certificates of emissions inspections.
1611-1526 (b) In accordance with Subsection (3)(a), a county legislative body:
1612-1527 (i) shall make regulations or ordinances to attain or maintain ambient air quality
1613-1528standards in the county, consistent with the state implementation plan and federal
1614-1529requirements;
1615-1530 (ii) may allow for a phase-in of the program by geographical area; and
1616-1531 (iii) shall comply with the analyzer design and certification requirements contained in
1617-1532the state implementation plan prepared under Title 19, Chapter 2, Air Conservation Act.
1618-1533 (c) The county legislative body and the Air Quality Board shall give preference to an
1619-1534inspection and maintenance program that:
1620-1535 (i) is decentralized, to the extent the decentralized program will attain and maintain
1621-1536ambient air quality standards and meet federal requirements;
1622-1537 (ii) is the most cost effective means to achieve and maintain the maximum benefit with
1623-1538regard to ambient air quality standards and to meet federal air quality requirements as related to
1624-1539vehicle emissions; and
1625-1540 (iii) provides a reasonable phase-out period for replacement of air pollution emission H.B. 26
1626-Enrolled Copy
1795+1731 (3) (a) At least once each year, the commission shall disburse from the Clean Air Fund
1796+1732all money deposited into the fund since the last disbursement.
1797+1733 (b) The commission shall disburse money under Subsection (3)(a) to the Division of
1798+1734Air Quality for the purpose of:
1799+1735 (i) providing money for grants to individuals or organizations in the state to fund
1800+1736activities intended to improve air quality in the state;
1801+1737 (ii) enhancing programs designed to educate the public about the importance of air
1802+1738quality to the health, well-being, and livelihood of individuals in the state; and
1803+1739 (iii) pay the costs of issuing or reordering Clean Air Support special group license plate
1804+1740decals.
1805+1741 Section 34. Section 62A-15-1103 is amended to read:
1806+1742 62A-15-1103. Governor's Suicide Prevention Fund.
1807+1743 (1) There is created an expendable special revenue fund known as the Governor's
1808+1744Suicide Prevention Fund.
1809+1745 (2) The fund shall consist of donations [described in Section 41-1a-422], gifts, grants,
1810+1746and bequests of real property or personal property made to the fund.
1811+1747 (3) A donor to the fund may designate a specific purpose for the use of the donor's
1812+1748donation, if the designated purpose is described in Subsection (4).
1813+1749 (4) (a) Subject to Subsection (3), money in the fund shall be used for the following
1814+1750activities:
1815+1751 (i) efforts to directly improve mental health crisis response;
1816+1752 (ii) efforts that directly reduce risk factors associated with suicide; and
1817+1753 (iii) efforts that directly enhance known protective factors associated with suicide
1818+1754reduction.
1819+1755 (b) Efforts described in Subsections (4)(a)(ii) and (iii) include the components of the
1820+1756state suicide prevention program described in Subsection 62A-15-1101(3).
1821+1757 (5) The division shall establish a grant application and review process for the
1822+1758expenditure of money from the fund.
1823+1759 (6) The grant application and review process shall describe:
1824+1760 (a) requirements to complete a grant application;
1825+1761 (b) requirements to receive funding; 4th Sub. (Green) H.B. 26 02-23-23 4:02 PM
16271826 - 58 -
1628-1541testing equipment made obsolete by the program.
1629-1542 (d) The provisions of Subsection (3)(c)(iii) apply only to the extent the phase-out:
1630-1543 (i) may be accomplished in accordance with applicable federal requirements; and
1631-1544 (ii) does not otherwise interfere with the attainment and maintenance of ambient air
1632-1545quality standards.
1633-1546 (4) The following vehicles are exempt from an emissions inspection program and the
1634-1547provisions of this section:
1635-1548 (a) an implement of husbandry as defined in Section 41-1a-102;
1636-1549 (b) a motor vehicle that:
1637-1550 (i) meets the definition of a farm truck under Section 41-1a-102; and
1638-1551 (ii) has a gross vehicle weight rating of 12,001 pounds or more;
1639-1552 (c) a vintage vehicle as defined in Section 41-21-1:
1640-1553 (i) if the vintage vehicle has a model year of 1980 or older; or
1641-1554 (ii) for a vintage vehicle that has a model year of 1981 or newer, if the owner provides
1642-1555proof of vehicle insurance that is a type specific to a vehicle collector;
1643-1556 (d) a custom vehicle as defined in Section 41-6a-1507;
1644-1557 (e) to the extent allowed under the current federally approved state implementation
1645-1558plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401, et seq., a motor
1646-1559vehicle that is less than two years old on January 1 based on the age of the vehicle as
1647-1560determined by the model year identified by the manufacturer;
1648-1561 (f) a pickup truck, as defined in Section 41-1a-102, with a gross vehicle weight rating
1649-1562of 12,000 pounds or less, if the registered owner of the pickup truck provides a signed
1650-1563statement to the legislative body stating the truck is used:
1651-1564 (i) by the owner or operator of a farm located on property that qualifies as land in
1652-1565agricultural use under Sections 59-2-502 and 59-2-503; and
1653-1566 (ii) exclusively for the following purposes in operating the farm:
1654-1567 (A) for the transportation of farm products, including livestock and its products, Enrolled Copy H.B. 26
1827+1762 (c) criteria for the approval of a grant application;
1828+1763 (d) standards for evaluating the effectiveness of a project proposed in a grant
1829+1764application; and
1830+1765 (e) support offered by the division to complete a grant application.
1831+1766 (7) The division shall:
1832+1767 (a) review a grant application for completeness;
1833+1768 (b) make a recommendation to the governor or the governor's designee regarding a
1834+1769grant application;
1835+1770 (c) send a grant application to the governor or the governor's designee for evaluation
1836+1771and approval or rejection;
1837+1772 (d) inform a grant applicant of the governor or the governor's designee's determination
1838+1773regarding the grant application; and
1839+1774 (e) direct the fund administrator to release funding for grant applications approved by
1840+1775the governor or the governor's designee.
1841+1776 (8) The state treasurer shall invest the money in the fund under Title 51, Chapter 7,
1842+1777State Money Management Act, except that all interest or other earnings derived from money in
1843+1778the fund shall be deposited into the fund.
1844+1779 (9) Money in the fund may not be used for the Office of the Governor's administrative
1845+1780expenses that are normally provided for by legislative appropriation.
1846+1781 (10) The governor or the governor's designee may authorize the expenditure of fund
1847+1782money in accordance with this section.
1848+1783 (11) The governor shall make an annual report to the Legislature regarding the status of
1849+1784the fund, including a report on the contributions received, expenditures made, and programs
1850+1785and services funded.
1851+1786 Section 35. Section 63G-26-103 is amended to read:
1852+1787 63G-26-103. Protection of personal information.
1853+1788 (1) Except as provided in Subsections (2), (3), and (5), a public agency may not:
1854+1789 (a) require an individual to provide the public agency with personal information or
1855+1790otherwise compel the release of personal information;
1856+1791 (b) require an entity exempt from federal income tax under Section 501(c) of the
1857+1792Internal Revenue Code to provide the public agency with personal information or compel the 02-23-23 4:02 PM 4th Sub. (Green) H.B. 26
16551858 - 59 -
1656-1568poultry and its products, floricultural and horticultural products; and
1657-1569 (B) in the transportation of farm supplies, including tile, fence, and every other thing or
1658-1570commodity used in agricultural, floricultural, horticultural, livestock, and poultry production
1659-1571and maintenance;
1660-1572 (g) a motorcycle as defined in Section 41-1a-102;
1661-1573 (h) an electric motor vehicle as defined in Section 41-1a-102; and
1662-1574 (i) a motor vehicle with a model year of 1967 or older.
1663-1575 (5) The county shall issue to the registered owner who signs and submits a signed
1664-1576statement under Subsection (4)(f) a certificate of exemption from emissions inspection
1665-1577requirements for purposes of registering the exempt vehicle.
1666-1578 (6) A legislative body of a county described in Subsection (1) may exempt from an
1667-1579emissions inspection program a diesel-powered motor vehicle with a:
1668-1580 (a) gross vehicle weight rating of more than 14,000 pounds; or
1669-1581 (b) model year of 1997 or older.
1670-1582 (7) The legislative body of a county required under federal law to utilize a motor
1671-1583vehicle emissions inspection program shall require:
1672-1584 (a) a computerized emissions inspection for a diesel-powered motor vehicle that has:
1673-1585 (i) a model year of 2007 or newer;
1674-1586 (ii) a gross vehicle weight rating of 14,000 pounds or less; and
1675-1587 (iii) a model year that is five years old or older; and
1676-1588 (b) a visual inspection of emissions equipment for a diesel-powered motor vehicle:
1677-1589 (i) with a gross vehicle weight rating of 14,000 pounds or less;
1678-1590 (ii) that has a model year of 1998 or newer; and
1679-1591 (iii) that has a model year that is five years old or older.
1680-1592 (8) (a) Subject to Subsection (8)(c), the legislative body of each county required under
1681-1593federal law to utilize a motor vehicle emissions inspection and maintenance program or in
1682-1594which an emissions inspection and maintenance program is necessary to attain or maintain any H.B. 26
1683-Enrolled Copy
1859+1793entity to release personal information;
1860+1794 (c) release, publicize, or otherwise publicly disclose personal information in possession
1861+1795of a public agency; or
1862+1796 (d) request or require a current or prospective contractor or grantee of the public
1863+1797agency to provide the public agency with a list of entities exempt from federal income tax
1864+1798under Section 501(c) of the Internal Revenue Code to which the contractor or grantee has
1865+1799provided financial or nonfinancial support.
1866+1800 (2) Subsection (1) does not apply to:
1867+1801 (a) a disclosure of personal information required under Title 20A, Election Code, Title
1868+180236, Chapter 11, Lobbyist Disclosure and Regulation Act, or any other legal requirement
1869+1803relating to reporting campaign contributions, campaign expenditures, lobbying disclosures, or
1870+1804lobbying expenditures;
1871+1805 (b) a disclosure of personal information expressly required by law;
1872+1806 (c) a disclosure of personal information voluntarily made:
1873+1807 (i) as part of public comment or in a public meeting; or
1874+1808 (ii) in another manner that is publicly accessible;
1875+1809 (d) a disclosure of personal information pursuant to a warrant or court order issued by a
1876+1810court of competent jurisdiction;
1877+1811 (e) a lawful request for discovery of personal information in litigation or a criminal
1878+1812proceeding;
1879+1813 (f) the use of personal information in a legal proceeding;
1880+1814 (g) a public agency sharing personal information with another public agency in
1881+1815accordance with the requirements of law; or
1882+1816 (h) a nonprofit created under Title 11, Chapter 13a, Governmental Nonprofit
1883+1817Corporations Act.
1884+1818 (3) Subsections (1)(a), (b), and (d) do not apply to:
1885+1819 (a) administration or enforcement of Title 13, Chapter 11, Utah Consumer Sales
1886+1820Practices Act, or Title 13, Chapter 22, Charitable Solicitations Act;
1887+1821 (b) the request or use of personal information necessary to the State Tax Commission's
1888+1822administration of tax or motor vehicle laws; or
1889+1823 (c) access to personal information by the Office of the Legislative Auditor General or 4th Sub. (Green) H.B. 26 02-23-23 4:02 PM
16841890 - 60 -
1685-1595national ambient air quality standard may require each college or university located in a county
1686-1596subject to this section to require its students and employees who park a motor vehicle not
1687-1597registered in a county subject to this section to provide proof of compliance with an emissions
1688-1598inspection accepted by the county legislative body if the motor vehicle is parked on the college
1689-1599or university campus or property.
1690-1600 (b) College or university parking areas that are metered or for which payment is
1691-1601required per use are not subject to the requirements of this Subsection (8).
1692-1602 (c) The legislative body of a county shall make the reasons for implementing the
1693-1603provisions of this Subsection (8) part of the record at the time that the county legislative body
1694-1604takes its official action to implement the provisions of this Subsection (8).
1695-1605 (9) (a) An emissions inspection station shall issue a certificate of emissions inspection
1696-1606for each motor vehicle that meets the inspection and maintenance program requirements
1697-1607established in regulations or ordinances made under Subsection (3).
1698-1608 (b) The frequency of the emissions inspection shall be determined based on the age of
1699-1609the vehicle as determined by model year and shall be required annually subject to the
1700-1610provisions of Subsection (9)(c).
1701-1611 (c) (i) To the extent allowed under the current federally approved state implementation
1702-1612plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401 et seq., the legislative
1703-1613body of a county identified in Subsection (1) shall only require the emissions inspection every
1704-1614two years for each vehicle.
1705-1615 (ii) The provisions of Subsection (9)(c)(i) apply only to a vehicle that is less than six
1706-1616years old on January 1.
1707-1617 (iii) For a county required to implement a new vehicle emissions inspection and
1708-1618maintenance program on or after December 1, 2012, under Subsection (1), but for which no
1709-1619current federally approved state implementation plan exists, a vehicle shall be tested at a
1710-1620frequency determined by the county legislative body, in consultation with the Air Quality
1711-1621Board created under Section 19-1-106, that is necessary to comply with federal law or attain or Enrolled Copy H.B. 26
1891+1824the state auditor's office to conduct an audit.
1892+1825 (4) A court shall consider whether to:
1893+1826 (a) limit a request for discovery of personal information; or
1894+1827 (b) issue a protective order in relation to the disclosure of personal information
1895+1828obtained or used in relation to a legal proceeding.
1896+1829 (5) Subsection (1) does not apply to disclosure of a contributor[, as defined in Section
1897+183041-1a-422,] to a sponsoring organization [described in Subsection 41-1a-422(3).], as those
1898+1831terms are defined in Section 41-1a-1601.
1899+1832 Section 36. Section 63I-1-241 is amended to read:
1900+1833 63I-1-241. Repeal dates: Title 41.
1901+1834 (1) Subsection [41-1a-1201(9),] 41-1a-1201(8), related to the Spinal Cord and Brain
1902+1835Injury Rehabilitation Fund, is repealed January 1, 2025.
1903+1836 (2) Section 41-3-106, which creates an advisory board related to motor vehicle
1904+1837business regulation, is repealed July 1, 2024.
1905+1838 (3) The following subsections addressing lane filtering are repealed on July 1, 2027:
1906+1839 (a) Subsection 41-6a-102(31) that defines "lane filtering";
1907+1840 (b) Subsection 41-6a-704(5); and
1908+1841 (c) Subsection 41-6a-710(1)(c).
1909+1842 (4) Subsection 41-6a-1406(6)(c)(iii), related to the Spinal Cord and Brain Injury
1910+1843Rehabilitation Fund, is repealed January 1, 2025.
1911+1844 (5) Subsections 41-22-2(1) and 41-22-10(1)(a), which authorize an advisory council
1912+1845that includes in the advisory council's duties addressing off-highway vehicle issues, are
1913+1846repealed July 1, 2027.
1914+1847 (6) Subsection 41-22-8(3), related to the Spinal Cord and Brain Injury Rehabilitation
1915+1848Fund, is repealed January 1, 2025.
1916+1849 Section 37. Section 63I-1-263 is amended to read:
1917+1850 63I-1-263. Repeal dates: Titles 63A to 63N.
1918+1851 (1) Subsection 63A-5b-405(5), relating to prioritizing and allocating capital
1919+1852improvement funding, is repealed July 1, 2024.
1920+1853 (2) Section 63A-5b-1003, State Facility Energy Efficiency Fund, is repealed July 1,
1921+18542023. 02-23-23 4:02 PM 4th Sub. (Green) H.B. 26
17121922 - 61 -
1713-1622maintain any national ambient air quality standard.
1714-1623 (iv) If a county legislative body establishes or changes the frequency of a vehicle
1715-1624emissions inspection and maintenance program under Subsection (9)(c)(iii), the establishment
1716-1625or change shall take effect on January 1 if the State Tax Commission receives notice meeting
1717-1626the requirements of Subsection (9)(c)(v) from the county before October 1.
1718-1627 (v) The notice described in Subsection (9)(c)(iv) shall:
1719-1628 (A) state that the county will establish or change the frequency of the vehicle emissions
1720-1629inspection and maintenance program under this section;
1721-1630 (B) include a copy of the ordinance establishing or changing the frequency; and
1722-1631 (C) if the county establishes or changes the frequency under this section, state how
1723-1632frequently the emissions testing will be required.
1724-1633 (d) If an emissions inspection is only required every two years for a vehicle under
1725-1634Subsection (9)(c), the inspection shall be required for the vehicle in:
1726-1635 (i) odd-numbered years for vehicles with odd-numbered model years; or
1727-1636 (ii) in even-numbered years for vehicles with even-numbered model years.
1728-1637 (10) (a) Except as provided in Subsections (9)(b), (c), and (d), the emissions inspection
1729-1638required under this section may be made no more than two months before the renewal of
1730-1639registration.
1731-1640 (b) (i) If the title of a used motor vehicle is being transferred, the owner may use an
1732-1641emissions inspection certificate issued for the motor vehicle during the previous 11 months to
1733-1642satisfy the requirement under this section.
1734-1643 (ii) If the transferor is a licensed and bonded used motor vehicle dealer, the owner may
1735-1644use an emissions inspection certificate issued for the motor vehicle in a licensed and bonded
1736-1645motor vehicle dealer's name during the previous 11 months to satisfy the requirement under
1737-1646this section.
1738-1647 (c) If the title of a leased vehicle is being transferred to the lessee of the vehicle, the
1739-1648lessee may use an emissions inspection certificate issued during the previous 11 months to H.B. 26
1740-Enrolled Copy
1923+1855 (3) Sections 63A-9-301 and 63A-9-302, related to the Motor Vehicle Review
1924+1856Committee, are repealed July 1, 2023.
1925+1857 (4) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
1926+1858 (a) Section 63A-18-102 is repealed;
1927+1859 (b) Section 63A-18-201 is repealed; and
1928+1860 (c) Section 63A-18-202 is repealed.
1929+1861 (5) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
1930+18621, 2028.
1931+1863 (6) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
1932+18642025.
1933+1865 (7) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
1934+18662024.
1935+1867 (8) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
1936+1868repealed July 1, 2023.
1937+1869 (9) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
1938+1870July 1, 2023.
1939+1871 (10) Title 63C, Chapter 23, Education and Mental Health Coordinating Council, is
1940+1872repealed July 1, 2026.
1941+1873 (11) Title 63C, Chapter 27, Cybersecurity Commission, is repealed July 1, 2032.
1942+1874 (12) Title 63C, Chapter 28, Ethnic Studies Commission, is repealed July 1, 2026.
1943+1875 (13) Section 63G-6a-805, which creates the Purchasing from Persons with Disabilities
1944+1876Advisory Board, is repealed July 1, 2026.
1945+1877 (14) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
1946+18782028.
1947+1879 (15) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
1948+18802024.
1949+1881 (16) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
1950+1882 [(17) Subsection 63J-1-602.1(17), relating to the Nurse Home Visiting Restricted
1951+1883Account, is repealed July 1, 2026.]
1952+1884 [(18)] (17) Subsection 63J-1-602.2(6), referring to dedicated credits to the Utah
1953+1885Marriage Commission, is repealed July 1, 2023. 4th Sub. (Green) H.B. 26 02-23-23 4:02 PM
17411954 - 62 -
1742-1649satisfy the requirement under this section.
1743-1650 (d) If the motor vehicle is part of a fleet of 101 or more vehicles, the owner may not
1744-1651use an emissions inspection made more than 11 months before the renewal of registration to
1745-1652satisfy the requirement under this section.
1746-1653 (e) If the application for renewal of registration is for a six-month registration period
1747-1654under Section 41-1a-215.5, the owner may use an emissions inspection certificate issued during
1748-1655the previous eight months to satisfy the requirement under this section.
1749-1656 (11) (a) A county identified in Subsection (1) shall collect information about and
1750-1657monitor the program.
1751-1658 (b) A county identified in Subsection (1) shall supply this information to an appropriate
1752-1659legislative committee, as designated by the Legislative Management Committee, at times
1753-1660determined by the designated committee to identify program needs, including funding needs.
1754-1661 (12) If approved by the county legislative body, a county that had an established
1755-1662emissions inspection fee as of January 1, 2002, may increase the established fee that an
1756-1663emissions inspection station may charge by $2.50 for each year that is exempted from
1757-1664emissions inspections under Subsection (9)(c) up to a $7.50 increase.
1758-1665 (13) (a) Except as provided in Subsection 41-1a-1223(1)(c), a county identified in
1759-1666Subsection (1) may impose a local emissions compliance fee on each motor vehicle registration
1760-1667within the county in accordance with the procedures and requirements of Section 41-1a-1223.
1761-1668 (b) A county that imposes a local emissions compliance fee may use revenues
1762-1669generated from the fee for the establishment and enforcement of an emissions inspection and
1763-1670maintenance program in accordance with the requirements of this section.
1764-1671 (c) A county that imposes a local emissions compliance fee may use revenues
1765-1672generated from the fee to promote programs to maintain a local, state, or national ambient air
1766-1673quality standard.
1767-1674 (14) (a) If a county has reason to believe that a vehicle owner has provided an address
1768-1675as required in Section 41-1a-209 to register or attempt to register a motor vehicle in a county Enrolled Copy H.B. 26
1955+1886 [(19)] (18) Subsection 63J-1-602.2(7), referring to the Trip Reduction Program, is
1956+1887repealed July 1, 2022.
1957+1888 [(20)] (19) Subsection 63J-1-602.2(26), related to the Utah Seismic Safety
1958+1889Commission, is repealed January 1, 2025.
1959+1890 [(21)] (20) Title 63L, Chapter 11, Part 4, Resource Development Coordinating
1960+1891Committee, is repealed July 1, 2027.
1961+1892 [(22)] (21) In relation to the Utah Substance Use and Mental Health Advisory Council,
1962+1893on January 1, 2033:
1963+1894 (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
1964+1895repealed;
1965+1896 (b) Section 63M-7-305, the language that states "council" is replaced with
1966+1897"commission";
1967+1898 (c) Subsection 63M-7-305(1)(a) is repealed and replaced with:
1968+1899 "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
1969+1900 (d) Subsection 63M-7-305(2) is repealed and replaced with:
1970+1901 "(2) The commission shall:
1971+1902 (a) provide ongoing oversight of the implementation, functions, and evaluation of the
1972+1903Drug-Related Offenses Reform Act; and
1973+1904 (b) coordinate the implementation of Section 77-18-104 and related provisions in
1974+1905Subsections 77-18-103(2)(c) and (d).".
1975+1906 [(23)] (22) The Crime Victim Reparations and Assistance Board, created in Section
1976+190763M-7-504, is repealed July 1, 2027.
1977+1908 [(24)] (23) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1,
1978+19092026.
1979+1910 [(25)] (24) Title 63N, Chapter 1b, Part 4, Women in the Economy Subcommittee, is
1980+1911repealed January 1, 2025.
1981+1912 [(26)] (25) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
1982+1913 [(27)] (26) Section 63N-2-512, related to the Hotel Impact Mitigation Fund, is repealed
1983+1914July 1, 2028.
1984+1915 [(28)] (27) Title 63N, Chapter 3, Part 9, Strategic Innovation Grant Pilot Program, is
1985+1916repealed July 1, 2027. 02-23-23 4:02 PM 4th Sub. (Green) H.B. 26
17691986 - 63 -
1770-1676other than the county of the bona fide residence of the owner in order to avoid an emissions
1771-1677inspection required under this section, the county may investigate and gather evidence to
1772-1678determine whether the vehicle owner has used a false address or an address other than the
1773-1679vehicle owner's bona fide residence or place of business.
1774-1680 (b) If a county conducts an investigation as described in Subsection (14)(a) and
1775-1681determines that the vehicle owner has used a false or improper address in an effort to avoid an
1776-1682emissions inspection as required in this section, the county may impose a civil penalty of
1777-1683$1,000.
1778-1684 (15) A county legislative body described in Subsection (1) may exempt a motor vehicle
1779-1685from an emissions inspection if:
1780-1686 (a) the motor vehicle is 30 years old or older;
1781-1687 (b) the county determines that the motor vehicle was driven less than 1,500 miles
1782-1688during the preceding 12-month period; and
1783-1689 (c) the owner provides to the county legislative body a statement signed by the owner
1784-1690that states the motor vehicle:
1785-1691 (i) is primarily a collector's item used for:
1786-1692 (A) participation in club activities;
1787-1693 (B) exhibitions;
1788-1694 (C) tours; or
1789-1695 (D) parades; or
1790-1696 (ii) is only used for occasional transportation.
1791-1697 Section 32. Section 53-8-214 is amended to read:
1792-1698 53-8-214. Creation of the Motor Vehicle Safety Impact Restricted Account.
1793-1699 (1) There is created a restricted account within the General Fund known as the Motor
1794-1700Vehicle Safety Impact Restricted Account.
1795-1701 (2) The account includes:
1796-1702 (a) deposits made to the restricted account from registration fees as described in H.B. 26
1797-Enrolled Copy
1987+1917 [(29)] (28) Title 63N, Chapter 3, Part 11, Manufacturing Modernization Grant
1988+1918Program, is repealed July 1, 2025.
1989+1919 [(30)] (29) In relation to the Rural Employment Expansion Program, on July 1, 2023:
1990+1920 (a) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed;
1991+1921and
1992+1922 (b) Subsection 63N-4-805(5)(b), referring to the Rural Employment Expansion
1993+1923Program, is repealed.
1994+1924 [(31)] (30) In relation to the Board of Tourism Development, on July 1, 2025:
1995+1925 (a) Subsection 63N-2-511(1)(b), which defines "tourism board," is repealed;
1996+1926 (b) Subsections 63N-2-511(3)(a) and (5), the language that states "tourism board" is
1997+1927repealed and replaced with "Utah Office of Tourism";
1998+1928 (c) Subsection 63N-7-101(1), which defines "board," is repealed;
1999+1929 (d) Subsection 63N-7-102(3)(c), which requires the Utah Office of Tourism to receive
2000+1930approval from the Board of Tourism Development, is repealed; and
2001+1931 (e) Title 63N, Chapter 7, Part 2, Board of Tourism Development, is repealed.
2002+1932 [(32)] (31) Subsection 63N-8-103(3)(c), which allows the Governor's Office of
2003+1933Economic Opportunity to issue an amount of tax credit certificates only for rural productions,
2004+1934is repealed on July 1, 2024.
2005+1935 Section 38. Section 63I-2-204 is amended to read:
2006+1936 63I-2-204. Repeal dates: Title 4.
2007+1937 (1) Title 4, Chapter 2, Part 6, Local Food Advisory Council, is repealed November 30,
2008+19382027.
2009+1939 (2) Title 4, Chapter 42, Utah Intracurricular Student Organization Support for
2010+1940Agricultural Education and Leadership, is repealed on July 1, 2024.
2011+1941 [(2)] (3) Section 4-46-104, Transition, is repealed July 1, 2024.
2012+1942 Section 39. Section 63I-2-209 is amended to read:
2013+1943 63I-2-209. Repeal dates: Title 9.
2014+1944 (1) Section 9-9-112, Bears Ears Visitor Center Advisory Committee, is repealed
2015+1945December 31, 2024.
2016+1946 (2) Title 9, Chapter 6, Part 9, COVID-19 Cultural Assistance Grant Program, is
2017+1947repealed June 30, 2021. 4th Sub. (Green) H.B. 26 02-23-23 4:02 PM
17982018 - 64 -
1799-1703Subsection [41-1a-1201(8);] 41-1a-1201(7);
1800-1704 (b) donations or deposits made to the account; and
1801-1705 (c) any interest earned on the account.
1802-1706 (3) Upon appropriation, the division may use funds in the account to improve motor
1803-1707vehicle safety, mitigate impacts, and enforce safety provisions, including the following:
1804-1708 (a) hiring new Highway Patrol troopers;
1805-1709 (b) payment of overtime for Highway Patrol troopers; and
1806-1710 (c) acquisition of equipment to improve motor vehicle safety impacts and enforcement.
1807-1711 (4) The division shall annually report to the Executive Offices and Criminal Justice
1808-1712Appropriations Subcommittee to justify expenditures and use of funds in the account.
1809-1713 Section 33. Section 59-10-1319 is amended to read:
1810-1714 59-10-1319. Contribution to Clean Air Fund.
1811-1715 (1) (a) There is created an expendable special revenue fund known as the "Clean Air
1812-1716Fund."
1813-1717 (b) The fund shall consist of all amounts deposited into the fund in accordance with
1814-1718Subsection (2).
1815-1719 (2) (a) Except as provided in Section 59-10-1304, for a taxable year beginning on or
1816-1720after January 1, 2017, a resident or nonresident individual who files an individual income tax
1817-1721return under this chapter may designate on the resident or nonresident individual's individual
1818-1722income tax return a contribution as provided in this section to be:
1819-1723 (i) deposited into the Clean Air Fund; and
1820-1724 (ii) expended as provided in Subsection (3).
1821-1725 (b) The fund shall also consist of amounts deposited into the fund through:
1822-1726 [(i) contributions deposited into the account in accordance with Section 41-1a-422;]
1823-1727 [(ii)] (i) private contributions; and
1824-1728 [(iii)] (ii) donations or grants from public or private entities.
1825-1729 (3) (a) At least once each year, the commission shall disburse from the Clean Air Fund Enrolled Copy H.B. 26
2019+1948 (3) Title 9, Chapter 17, Humanitarian Service and Educational and Cultural Exchange
2020+1949Restricted Account Act, is repealed on July 1, 2024.
2021+1950 (4) Title 9, Chapter 18, Martin Luther King, Jr. Civil Rights Support Restricted
2022+1951Account Act, is repealed on July 1, 2024.
2023+1952 (5) Title 9, Chapter 19, National Professional Men's Soccer Team Support of Building
2024+1953Communities Restricted Account Act, is repealed on July 1, 2024.
2025+1954 Section 40. Section 63I-2-213 is amended to read:
2026+1955 63I-2-213. Repeal dates: Title 13.
2027+1956 (1) Section 13-1-16 is repealed on July 1, 2024.
2028+1957 (2) Title 13, Chapter 47, Private Employer Verification Act, is repealed on the program
2029+1958start date, as defined in Section 63G-12-102.
2030+1959 Section 41. Section 63I-2-219 is amended to read:
2031+1960 63I-2-219. Repeal dates: Title 19.
2032+1961 (1) Section 19-1-109 is repealed on July 1, 2024.
2033+1962 [(1)] (2) Subsections 19-2-109.2(2) through (10), related to the Compliance Advisory
2034+1963Panel, are repealed July 1, 2023.
2035+1964 [(2)] (3) Section 19-2a-102.5, addressing a study and recommendations for a diesel
2036+1965emission reduction program, is repealed July 1, 2024.
2037+1966 Section 42. Section 63I-2-223 is amended to read:
2038+1967 63I-2-223. Repeal dates: Title 23.
2039+1968 Section 23-14-13.5 is repealed on July 1, 2024.
2040+1969 Section 43. Section 63I-2-226 is amended to read:
2041+1970 63I-2-226. Repeal dates: Title 26 through 26B.
2042+1971 (1) Subsection 26-2-12.6(3), relating to the report for birth certificate fees, is repealed
2043+1972December 31, 2022.
2044+1973 (2) Subsection 26-7-8(3) is repealed January 1, 2027.
2045+1974 (3) Section 26-8a-107 is repealed July 1, 2024.
2046+1975 (4) Subsection 26-8a-203(3)(a)(i) is repealed January 1, 2023.
2047+1976 (5) Section 26-8a-211 is repealed July 1, 2023.
2048+1977 (6) In relation to the Air Ambulance Committee, on July 1, 2024, Subsection
2049+197826-8a-602(1)(a) is amended to read: 02-23-23 4:02 PM 4th Sub. (Green) H.B. 26
18262050 - 65 -
1827-1730all money deposited into the fund since the last disbursement.
1828-1731 (b) The commission shall disburse money under Subsection (3)(a) to the Division of
1829-1732Air Quality for the purpose of:
1830-1733 (i) providing money for grants to individuals or organizations in the state to fund
1831-1734activities intended to improve air quality in the state;
1832-1735 (ii) enhancing programs designed to educate the public about the importance of air
1833-1736quality to the health, well-being, and livelihood of individuals in the state; and
1834-1737 (iii) pay the costs of issuing or reordering Clean Air Support special group license plate
1835-1738decals.
1836-1739 Section 34. Section 62A-15-1103 is amended to read:
1837-1740 62A-15-1103. Governor's Suicide Prevention Fund.
1838-1741 (1) There is created an expendable special revenue fund known as the Governor's
1839-1742Suicide Prevention Fund.
1840-1743 (2) The fund shall consist of donations [described in Section 41-1a-422], gifts, grants,
1841-1744and bequests of real property or personal property made to the fund.
1842-1745 (3) A donor to the fund may designate a specific purpose for the use of the donor's
1843-1746donation, if the designated purpose is described in Subsection (4).
1844-1747 (4) (a) Subject to Subsection (3), money in the fund shall be used for the following
1845-1748activities:
1846-1749 (i) efforts to directly improve mental health crisis response;
1847-1750 (ii) efforts that directly reduce risk factors associated with suicide; and
1848-1751 (iii) efforts that directly enhance known protective factors associated with suicide
1849-1752reduction.
1850-1753 (b) Efforts described in Subsections (4)(a)(ii) and (iii) include the components of the
1851-1754state suicide prevention program described in Subsection 62A-15-1101(3).
1852-1755 (5) The division shall establish a grant application and review process for the
1853-1756expenditure of money from the fund. H.B. 26
1854-Enrolled Copy
2051+1979 "(a) provide the patient or the patient's representative with the following information
2052+1980before contacting an air medical transport provider:
2053+1981 (i) which health insurers in the state the air medical transport provider contracts with;
2054+1982 (ii) if sufficient data is available, the average charge for air medical transport services
2055+1983for a patient who is uninsured or out of network; and
2056+1984 (iii) whether the air medical transport provider balance bills a patient for any charge not
2057+1985paid by the patient's health insurer; and".
2058+1986 (7) Subsection 26-18-2.4(3)(e) is repealed January 1, 2023.
2059+1987 (8) Subsection 26-18-411(8), related to reporting on the health coverage improvement
2060+1988program, is repealed January 1, 2023.
2061+1989 (9) Subsection 26-18-420(5), related to reporting on coverage for in vitro fertilization
2062+1990and genetic testing, is repealed July 1, 2030.
2063+1991 (10) In relation to the Air Ambulance Committee, July 1, 2024, Subsection
2064+199226-21-32(1)(a) is amended to read:
2065+1993 "(a) provide the patient or the patient's representative with the following information
2066+1994before contacting an air medical transport provider:
2067+1995 (i) which health insurers in the state the air medical transport provider contracts with;
2068+1996 (ii) if sufficient data is available, the average charge for air medical transport services
2069+1997for a patient who is uninsured or out of network; and
2070+1998 (iii) whether the air medical transport provider balance bills a patient for any charge not
2071+1999paid by the patient's health insurer; and".
2072+2000 (11) Section 26-21a-302 is repealed on July 1, 2024.
2073+2001 (12) Section 26-21a-304 is repealed on July 1, 2024.
2074+2002 [(11)] (13) Subsection 26-33a-106.1(2)(a) is repealed January 1, 2023.
2075+2003 [(12)] (14) Title 26, Chapter 46, Utah Health Care Workforce Financial Assistance
2076+2004Program, is repealed July 1, 2027.
2077+2005 (15) Section 26-58-102 is repealed on July 1, 2024.
2078+2006 [(13)] (16) Subsection 26-61-202(4)(b) is repealed January 1, 2022.
2079+2007 [(14)] (17) Subsection 26-61-202(5) is repealed January 1, 2022.
2080+2008 [(15)] (18) Subsection 26B-1-204(2)(f), relating to the Air Ambulance Committee, is
2081+2009repealed July 1, 2024. 4th Sub. (Green) H.B. 26 02-23-23 4:02 PM
18552082 - 66 -
1856-1757 (6) The grant application and review process shall describe:
1857-1758 (a) requirements to complete a grant application;
1858-1759 (b) requirements to receive funding;
1859-1760 (c) criteria for the approval of a grant application;
1860-1761 (d) standards for evaluating the effectiveness of a project proposed in a grant
1861-1762application; and
1862-1763 (e) support offered by the division to complete a grant application.
1863-1764 (7) The division shall:
1864-1765 (a) review a grant application for completeness;
1865-1766 (b) make a recommendation to the governor or the governor's designee regarding a
1866-1767grant application;
1867-1768 (c) send a grant application to the governor or the governor's designee for evaluation
1868-1769and approval or rejection;
1869-1770 (d) inform a grant applicant of the governor or the governor's designee's determination
1870-1771regarding the grant application; and
1871-1772 (e) direct the fund administrator to release funding for grant applications approved by
1872-1773the governor or the governor's designee.
1873-1774 (8) The state treasurer shall invest the money in the fund under Title 51, Chapter 7,
1874-1775State Money Management Act, except that all interest or other earnings derived from money in
1875-1776the fund shall be deposited into the fund.
1876-1777 (9) Money in the fund may not be used for the Office of the Governor's administrative
1877-1778expenses that are normally provided for by legislative appropriation.
1878-1779 (10) The governor or the governor's designee may authorize the expenditure of fund
1879-1780money in accordance with this section.
1880-1781 (11) The governor shall make an annual report to the Legislature regarding the status of
1881-1782the fund, including a report on the contributions received, expenditures made, and programs
1882-1783and services funded. Enrolled Copy H.B. 26
2083+2010 (19) Section 26B-1-302 is repealed on July 1, 2024.
2084+2011 Section 44. Section 63I-2-253 is amended to read:
2085+2012 63I-2-253. Repeal dates: Titles 53 through 53G.
2086+2013 (1) Section 53-1-118 is repealed on July 1, 2024.
2087+2014 (2) Section 53-1-120 is repealed on July 1, 2024.
2088+2015 (3) Section 53-7-109 is repealed on July 1, 2024.
2089+2016 [(1)] (4) (a) Subsection 53B-2a-108(5), regarding exceptions to the composition of a
2090+2017technical college board of trustees, is repealed July 1, 2022.
2091+2018 (b) When repealing Subsection 53B-2a-108(5), the Office of Legislative Research and
2092+2019General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
2093+2020necessary changes to subsection numbering and cross references.
2094+2021 [(2)] (5) Section 53B-6-105.7 is repealed July 1, 2024.
2095+2022 [(3)] (6) Section 53B-7-707 regarding performance metrics for technical colleges is
2096+2023repealed July 1, 2023.
2097+2024 [(4)] (7) Section 53B-8-114 is repealed July 1, 2024.
2098+2025 [(5)] (8) The following provisions, regarding the Regents' scholarship program, are
2099+2026repealed on July 1, 2023:
2100+2027 (a) in Subsection 53B-8-105(12), the language that states, "or any scholarship
2101+2028established under Sections 53B-8-202 through 53B-8-205";
2102+2029 (b) Section 53B-8-202;
2103+2030 (c) Section 53B-8-203;
2104+2031 (d) Section 53B-8-204; and
2105+2032 (e) Section 53B-8-205.
2106+2033 [(6)] (9) Section 53B-10-101 is repealed on July 1, 2027.
2107+2034 [(7)] (10) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project, is
2108+2035repealed July 1, 2023.
2109+2036 [(8)] (11) Subsection 53E-1-201(1)(s) regarding the report by the Educational
2110+2037Interpretation and Translation Services Procurement Advisory Council is repealed July 1, 2024.
2111+2038 [(9)] (12) Section 53E-1-202.2, regarding a Public Education Appropriations
2112+2039Subcommittee evaluation and recommendations, is repealed January 1, 2024.
2113+2040 [(10)] (13) Subsection 53E-10-309(7), related to the PRIME pilot program, is repealed 02-23-23 4:02 PM 4th Sub. (Green) H.B. 26
18832114 - 67 -
1884-1784 Section 35. Section 63G-26-103 is amended to read:
1885-1785 63G-26-103. Protection of personal information.
1886-1786 (1) Except as provided in Subsections (2), (3), and (5), a public agency may not:
1887-1787 (a) require an individual to provide the public agency with personal information or
1888-1788otherwise compel the release of personal information;
1889-1789 (b) require an entity exempt from federal income tax under Section 501(c) of the
1890-1790Internal Revenue Code to provide the public agency with personal information or compel the
1891-1791entity to release personal information;
1892-1792 (c) release, publicize, or otherwise publicly disclose personal information in possession
1893-1793of a public agency; or
1894-1794 (d) request or require a current or prospective contractor or grantee of the public
1895-1795agency to provide the public agency with a list of entities exempt from federal income tax
1896-1796under Section 501(c) of the Internal Revenue Code to which the contractor or grantee has
1897-1797provided financial or nonfinancial support.
1898-1798 (2) Subsection (1) does not apply to:
1899-1799 (a) a disclosure of personal information required under Title 20A, Election Code, Title
1900-180036, Chapter 11, Lobbyist Disclosure and Regulation Act, or any other legal requirement
1901-1801relating to reporting campaign contributions, campaign expenditures, lobbying disclosures, or
1902-1802lobbying expenditures;
1903-1803 (b) a disclosure of personal information expressly required by law;
1904-1804 (c) a disclosure of personal information voluntarily made:
1905-1805 (i) as part of public comment or in a public meeting; or
1906-1806 (ii) in another manner that is publicly accessible;
1907-1807 (d) a disclosure of personal information pursuant to a warrant or court order issued by a
1908-1808court of competent jurisdiction;
1909-1809 (e) a lawful request for discovery of personal information in litigation or a criminal
1910-1810proceeding; H.B. 26
1911-Enrolled Copy
2115+2041July 1, 2024.
2116+2042 [(11)] (14) In Subsections 53F-2-205(4) and (5), regarding the State Board of
2117+2043Education's duties if contributions from the minimum basic tax rate are overestimated or
2118+2044underestimated, the language that states "or 53F-2-301.5, as applicable" is repealed July 1,
2119+20452023.
2120+2046 [(12)] (15) Section 53F-2-209, regarding local education agency budgetary flexibility,
2121+2047is repealed July 1, 2024.
2122+2048 [(13)] (16) Subsection 53F-2-301(1), relating to the years the section is not in effect, is
2123+2049repealed July 1, 2023.
2124+2050 [(14)] (17) Section 53F-2-302.1, regarding the Enrollment Growth Contingency
2125+2051Program, is repealed July 1, 2023.
2126+2052 [(15)] (18) Subsection 53F-2-314(4), relating to a one-time expenditure between the
2127+2053at-risk WPU add-on funding and previous at-risk funding, is repealed January 1, 2024.
2128+2054 [(16)] (19) Section 53F-2-524, regarding teacher bonuses for extra work assignments,
2129+2055is repealed July 1, 2024.
2130+2056 [(17)] (20) In Subsection 53F-2-515(1), the language that states "or 53F-2-301.5, as
2131+2057applicable" is repealed July 1, 2023.
2132+2058 [(18)] (21) Subsection 53F-4-401(3)(b), regarding a child enrolled or eligible for
2133+2059enrollment in kindergarten, is repealed July 1, 2022.
2134+2060 [(19)] (22) In Subsection 53F-4-404(4)(c), the language that states "Except as provided
2135+2061in Subsection (4)(d)" is repealed July 1, 2022.
2136+2062 [(20)] (23) Subsection 53F-4-404(4)(d) is repealed July 1, 2022.
2137+2063 [(21)] (24) In Subsection 53F-9-302(3), the language that states "or 53F-2-301.5, as
2138+2064applicable" is repealed July 1, 2023.
2139+2065 [(22)] (25) In Subsection 53F-9-305(3)(a), the language that states "or 53F-2-301.5, as
2140+2066applicable" is repealed July 1, 2023.
2141+2067 [(23)] (26) In Subsection 53F-9-306(3)(a), the language that states "or 53F-2-301.5, as
2142+2068applicable" is repealed July 1, 2023.
2143+2069 [(24)] (27) In Subsection 53G-3-304(1)(c)(i), the language that states "or 53F-2-301.5,
2144+2070as applicable" is repealed July 1, 2023.
2145+2071 (28) Section 53F-9-401 is repealed on July 1, 2024. 4th Sub. (Green) H.B. 26 02-23-23 4:02 PM
19122146 - 68 -
1913-1811 (f) the use of personal information in a legal proceeding;
1914-1812 (g) a public agency sharing personal information with another public agency in
1915-1813accordance with the requirements of law; or
1916-1814 (h) a nonprofit created under Title 11, Chapter 13a, Governmental Nonprofit
1917-1815Corporations Act.
1918-1816 (3) Subsections (1)(a), (b), and (d) do not apply to:
1919-1817 (a) administration or enforcement of Title 13, Chapter 11, Utah Consumer Sales
1920-1818Practices Act, or Title 13, Chapter 22, Charitable Solicitations Act;
1921-1819 (b) the request or use of personal information necessary to the State Tax Commission's
1922-1820administration of tax or motor vehicle laws; or
1923-1821 (c) access to personal information by the Office of the Legislative Auditor General or
1924-1822the state auditor's office to conduct an audit.
1925-1823 (4) A court shall consider whether to:
1926-1824 (a) limit a request for discovery of personal information; or
1927-1825 (b) issue a protective order in relation to the disclosure of personal information
1928-1826obtained or used in relation to a legal proceeding.
1929-1827 (5) Subsection (1) does not apply to disclosure of a contributor[, as defined in Section
1930-182841-1a-422,] to a sponsoring organization [described in Subsection 41-1a-422(3).], as those
1931-1829terms are defined in Section 41-1a-1601.
1932-1830 Section 36. Section 63I-1-241 is amended to read:
1933-1831 63I-1-241. Repeal dates: Title 41.
1934-1832 (1) Subsection [41-1a-1201(9),] 41-1a-1201(8), related to the Spinal Cord and Brain
1935-1833Injury Rehabilitation Fund, is repealed January 1, 2025.
1936-1834 (2) Section 41-3-106, which creates an advisory board related to motor vehicle
1937-1835business regulation, is repealed July 1, 2024.
1938-1836 (3) The following subsections addressing lane filtering are repealed on July 1, 2027:
1939-1837 (a) Subsection 41-6a-102(31) that defines "lane filtering"; Enrolled Copy H.B. 26
2147+2072 (29) Section 53F-9-403 is repealed on July 1, 2024.
2148+2073 [(25)] (30) On July 1, 2023, when making changes in this section, the Office of
2149+2074Legislative Research and General Counsel shall, in addition to the office's authority under
2150+2075Subsection 36-12-12(3), make corrections necessary to ensure that sections and subsections
2151+2076identified in this section are complete sentences and accurately reflect the office's perception of
2152+2077the Legislature's intent.
2153+2078 Section 45. Section 63I-2-261 is amended to read:
2154+2079 63I-2-261. Repeal dates: Title 61.
2155+2080 Section 61-2-204 is repealed on July 1, 2024
2156+2081 Section 46. Section 63I-2-263 is amended to read:
2157+2082 63I-2-263. Repeal dates: Title 63A to Title 63N.
2158+2083 (1) Title 63A, Chapter 2, Part 5, Educational Interpretation and Translation Services
2159+2084Procurement Advisory Council is repealed July 1, 2025.
2160+2085 (2) Section 63A-17-303 is repealed July 1, 2023.
2161+2086 (3) Subsection 63A-17-304(1)(c) is repealed July 1, 2022.
2162+2087 (4) Title 63C, Chapter 22, Digital Wellness, Citizenship, and Safe Technology
2163+2088Commission is repealed July 1, 2023.
2164+2089 (5) Section 63G-1-502 is repealed July 1, 2022.
2165+2090 (6) The following sections regarding the World War II Memorial Commission are
2166+2091repealed July 1, 2022:
2167+2092 (a) Section 63G-1-801;
2168+2093 (b) Section 63G-1-802;
2169+2094 (c) Section 63G-1-803; and
2170+2095 (d) Section 63G-1-804.
2171+2096 [(7) Title 63H, Chapter 5, Utah State Railroad Museum Authority, is repealed on July
2172+20971, 2022.]
2173+2098 [(8)] (7) Section 63H-7a-303 is repealed July 1, 2024.
2174+2099 [(9)] (8) Subsection 63H-7a-403(2)(b), regarding the charge to maintain the public
2175+2100safety communications network, is repealed July 1, 2033.
2176+2101 [(10)] (9) Subsection 63J-1-602.2(44), which lists appropriations to the State Tax
2177+2102Commission for property tax deferral reimbursements, is repealed July 1, 2027. 02-23-23 4:02 PM 4th Sub. (Green) H.B. 26
19402178 - 69 -
1941-1838 (b) Subsection 41-6a-704(5); and
1942-1839 (c) Subsection 41-6a-710(1)(c).
1943-1840 (4) Subsection 41-6a-1406(6)(c)(iii), related to the Spinal Cord and Brain Injury
1944-1841Rehabilitation Fund, is repealed January 1, 2025.
1945-1842 (5) Subsections 41-22-2(1) and 41-22-10(1)(a), which authorize an advisory council
1946-1843that includes in the advisory council's duties addressing off-highway vehicle issues, are
1947-1844repealed July 1, 2027.
1948-1845 (6) Subsection 41-22-8(3), related to the Spinal Cord and Brain Injury Rehabilitation
1949-1846Fund, is repealed January 1, 2025.
1950-1847 Section 37. Section 63I-1-263 is amended to read:
1951-1848 63I-1-263. Repeal dates: Titles 63A to 63N.
1952-1849 (1) Subsection 63A-5b-405(5), relating to prioritizing and allocating capital
1953-1850improvement funding, is repealed July 1, 2024.
1954-1851 (2) Section 63A-5b-1003, State Facility Energy Efficiency Fund, is repealed July 1,
1955-18522023.
1956-1853 (3) Sections 63A-9-301 and 63A-9-302, related to the Motor Vehicle Review
1957-1854Committee, are repealed July 1, 2023.
1958-1855 (4) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
1959-1856 (a) Section 63A-18-102 is repealed;
1960-1857 (b) Section 63A-18-201 is repealed; and
1961-1858 (c) Section 63A-18-202 is repealed.
1962-1859 (5) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
1963-18601, 2028.
1964-1861 (6) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
1965-18622025.
1966-1863 (7) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
1967-18642024. H.B. 26
1968-Enrolled Copy
2179+2103 [(11)] (10) Sections 63M-7-213 and 63M-7-213.5 are repealed January 1, 2023.
2180+2104 [(12)] (11) Section 63M-7-217 is repealed July 1, 2022.
2181+2105 [(13)] (12) Subsection 63N-2-213(12)(a), relating to claiming a tax credit in the same
2182+2106taxable year as the targeted business income tax credit, is repealed December 31, 2024.
2183+2107 [(14)] (13) Title 63N, Chapter 2, Part 3, Targeted Business Income Tax Credit in an
2184+2108Enterprise Zone, is repealed December 31, 2024.
2185+2109 Section 47. Section 63I-2-272 is amended to read:
2186+2110 63I-2-272. Repeal dates: Title 72.
2187+2111 (1) Subsections 72-1-213.1(13)(a) and (b), related to the road usage charge rate and
2188+2112road usage charge cap, are repealed January 1, 2033.
2189+2113 (2) Section 72-1-216.1 is repealed January 1, 2023.
2190+2114 (3) Section72-2-127 is repealed on July 1, 2024.
2191+2115 (4) Section 72-2-130 is repealed on July 1, 2024.
2192+2116 [(3)] (5) Section 72-4-105.1 is repealed on January 1, 2024.
2193+2117 Section 48. Section 63I-2-278 is amended to read:
2194+2118 63I-2-278. Repeal dates: Title 78A and Title 78B.
2195+2119 (1) Section 78A-2-804 is repealed on July 1, 2024.
2196+2120 [(1)] (2) If Title 78B, Chapter 6, Part 22, Cause of Action to Protect Minors from
2197+2121Unfiltered Devices, is not in effect before January 1, 2031, Title 78B, Chapter 6, Part 22, Cause
2198+2122of Action to Protect Minors from Unfiltered Devices, is repealed January 1, 2031.
2199+2123 [(2)] (3) Sections 78B-12-301 and 78B-12-302 are repealed on January 1, 2025.
2200+2124 Section 49. Section 63I-2-279 is amended to read:
2201+2125 63I-2-279. Repeal dates: Title 79.
2202+2126 (1) Section 79-2-206, Transition, is repealed July 1, 2024.
2203+2127 (2) Title 79, Chapter 6, Part 8, Voluntary Home Energy Information Pilot Program Act,
2204+2128is repealed January 1, 2022.
2205+2129 (3) Section 79-7-303 is repealed on July 1, 2024.
2206+2130 Section 50. Section 63I-2-280 is enacted to read:
2207+2131 63I-2-280. Repeal dates: Title 80.
2208+2132 Section 80-2-502 is repealed on July 1, 2024.
2209+2133 Section 51. Section 63J-1-602.1 is amended to read: 4th Sub. (Green) H.B. 26 02-23-23 4:02 PM
19692210 - 70 -
1970-1865 (8) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
1971-1866repealed July 1, 2023.
1972-1867 (9) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
1973-1868July 1, 2023.
1974-1869 (10) Title 63C, Chapter 23, Education and Mental Health Coordinating Council, is
1975-1870repealed July 1, 2026.
1976-1871 (11) Title 63C, Chapter 27, Cybersecurity Commission, is repealed July 1, 2032.
1977-1872 (12) Title 63C, Chapter 28, Ethnic Studies Commission, is repealed July 1, 2026.
1978-1873 (13) Section 63G-6a-805, which creates the Purchasing from Persons with Disabilities
1979-1874Advisory Board, is repealed July 1, 2026.
1980-1875 (14) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
1981-18762028.
1982-1877 (15) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
1983-18782024.
1984-1879 (16) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
1985-1880 [(17) Subsection 63J-1-602.1(17), relating to the Nurse Home Visiting Restricted
1986-1881Account, is repealed July 1, 2026.]
1987-1882 [(18)] (17) Subsection 63J-1-602.2(6), referring to dedicated credits to the Utah
1988-1883Marriage Commission, is repealed July 1, 2023.
1989-1884 [(19)] (18) Subsection 63J-1-602.2(7), referring to the Trip Reduction Program, is
1990-1885repealed July 1, 2022.
1991-1886 [(20)] (19) Subsection 63J-1-602.2(26), related to the Utah Seismic Safety
1992-1887Commission, is repealed January 1, 2025.
1993-1888 [(21)] (20) Title 63L, Chapter 11, Part 4, Resource Development Coordinating
1994-1889Committee, is repealed July 1, 2027.
1995-1890 [(22)] (21) In relation to the Utah Substance Use and Mental Health Advisory Council,
1996-1891on January 1, 2033: Enrolled Copy H.B. 26
2211+2134 63J-1-602.1. List of nonlapsing appropriations from accounts and funds.
2212+2135 Appropriations made from the following accounts or funds are nonlapsing:
2213+2136 [(1) The Utah Intracurricular Student Organization Support for Agricultural Education
2214+2137and Leadership Restricted Account created in Section 4-42-102.]
2215+2138 [(2)] (1) The Native American Repatriation Restricted Account created in Section
2216+21399-9-407.
2217+2140 [(3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
2218+2141Section 9-18-102.]
2219+2142 [(4) The National Professional Men's Soccer Team Support of Building Communities
2220+2143Restricted Account created in Section 9-19-102.]
2221+2144 [(5)] (2) Funds collected for directing and administering the C-PACE district created in
2222+2145Section 11-42a-106.
2223+2146 [(6)] (3) Money received by the Utah Inland Port Authority, as provided in Section
2224+214711-58-105.
2225+2148 [(7) The "Latino Community Support Restricted Account" created in Section 13-1-16.]
2226+2149 [(8) The Clean Air Support Restricted Account created in Section 19-1-109.]
2227+2150 [(9)] (4) The Division of Air Quality Oil, Gas, and Mining Restricted Account created
2228+2151in Section 19-2a-106.
2229+2152 [(10)] (5) The Division of Water Quality Oil, Gas, and Mining Restricted Account
2230+2153created in Section 19-5-126.
2231+2154 [(11) The "Support for State-Owned Shooting Ranges Restricted Account" created in
2232+2155Section 23-14-13.5.]
2233+2156 [(12)] (6) Award money under the State Asset Forfeiture Grant Program, as provided
2234+2157under Section 24-4-117.
2235+2158 [(13)] (7) Funds collected from the program fund for local health department expenses
2236+2159incurred in responding to a local health emergency under Section 26-1-38.
2237+2160 [(14) The Children with Cancer Support Restricted Account created in Section
2238+216126-21a-304.]
2239+2162 [(15)] (8) State funds for matching federal funds in the Children's Health Insurance
2240+2163Program as provided in Section 26-40-108.
2241+2164 [(16) The Children with Heart Disease Support Restricted Account created in Section 02-23-23 4:02 PM 4th Sub. (Green) H.B. 26
19972242 - 71 -
1998-1892 (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
1999-1893repealed;
2000-1894 (b) Section 63M-7-305, the language that states "council" is replaced with
2001-1895"commission";
2002-1896 (c) Subsection 63M-7-305(1)(a) is repealed and replaced with:
2003-1897 "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
2004-1898 (d) Subsection 63M-7-305(2) is repealed and replaced with:
2005-1899 "(2) The commission shall:
2006-1900 (a) provide ongoing oversight of the implementation, functions, and evaluation of the
2007-1901Drug-Related Offenses Reform Act; and
2008-1902 (b) coordinate the implementation of Section 77-18-104 and related provisions in
2009-1903Subsections 77-18-103(2)(c) and (d).".
2010-1904 [(23)] (22) The Crime Victim Reparations and Assistance Board, created in Section
2011-190563M-7-504, is repealed July 1, 2027.
2012-1906 [(24)] (23) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1,
2013-19072026.
2014-1908 [(25)] (24) Title 63N, Chapter 1b, Part 4, Women in the Economy Subcommittee, is
2015-1909repealed January 1, 2025.
2016-1910 [(26)] (25) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
2017-1911 [(27)] (26) Section 63N-2-512, related to the Hotel Impact Mitigation Fund, is repealed
2018-1912July 1, 2028.
2019-1913 [(28)] (27) Title 63N, Chapter 3, Part 9, Strategic Innovation Grant Pilot Program, is
2020-1914repealed July 1, 2027.
2021-1915 [(29)] (28) Title 63N, Chapter 3, Part 11, Manufacturing Modernization Grant
2022-1916Program, is repealed July 1, 2025.
2023-1917 [(30)] (29) In relation to the Rural Employment Expansion Program, on July 1, 2023:
2024-1918 (a) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed; H.B. 26
2025-Enrolled Copy
2243+216526-58-102.]
2244+2166 [(17)] (9) The Technology Development Restricted Account created in Section
2245+216731A-3-104.
2246+2168 [(18)] (10) The Criminal Background Check Restricted Account created in Section
2247+216931A-3-105.
2248+2170 [(19)] (11) The Captive Insurance Restricted Account created in Section 31A-3-304,
2249+2171except to the extent that Section 31A-3-304 makes the money received under that section free
2250+2172revenue.
2251+2173 [(20)] (12) The Title Licensee Enforcement Restricted Account created in Section
2252+217431A-23a-415.
2253+2175 [(21)] (13) The Health Insurance Actuarial Review Restricted Account created in
2254+2176Section 31A-30-115.
2255+2177 [(22)] (14) The Insurance Fraud Investigation Restricted Account created in Section
2256+217831A-31-108.
2257+2179 [(23)] (15) The Underage Drinking Prevention Media and Education Campaign
2258+2180Restricted Account created in Section 32B-2-306.
2259+2181 [(24)] (16) The Drinking While Pregnant Prevention Media and Education Campaign
2260+2182Restricted Account created in Section 32B-2-308.
2261+2183 [(25)] (17) The School Readiness Restricted Account created in Section 35A-15-203.
2262+2184 [(26)] (18) Money received by the Utah State Office of Rehabilitation for the sale of
2263+2185certain products or services, as provided in Section 35A-13-202.
2264+2186 [(27)] (19) The Oil and Gas Administrative Penalties Account created in Section
2265+218740-6-11.
2266+2188 [(28)] (20) The Oil and Gas Conservation Account created in Section 40-6-14.5.
2267+2189 [(29)] (21) The Division of Oil, Gas, and Mining Restricted account created in Section
2268+219040-6-23.
2269+2191 [(30)] (22) The Electronic Payment Fee Restricted Account created by Section
2270+219241-1a-121 to the Motor Vehicle Division.
2271+2193 (23) The License Plate Restricted Account created by Section 41-1a-122 to the Motor
2272+2194Vehicle Division.
2273+2195 [(31)] (24) The Motor Vehicle Enforcement Division Temporary Permit Restricted 4th Sub. (Green) H.B. 26 02-23-23 4:02 PM
20262274 - 72 -
2027-1919and
2028-1920 (b) Subsection 63N-4-805(5)(b), referring to the Rural Employment Expansion
2029-1921Program, is repealed.
2030-1922 [(31)] (30) In relation to the Board of Tourism Development, on July 1, 2025:
2031-1923 (a) Subsection 63N-2-511(1)(b), which defines "tourism board," is repealed;
2032-1924 (b) Subsections 63N-2-511(3)(a) and (5), the language that states "tourism board" is
2033-1925repealed and replaced with "Utah Office of Tourism";
2034-1926 (c) Subsection 63N-7-101(1), which defines "board," is repealed;
2035-1927 (d) Subsection 63N-7-102(3)(c), which requires the Utah Office of Tourism to receive
2036-1928approval from the Board of Tourism Development, is repealed; and
2037-1929 (e) Title 63N, Chapter 7, Part 2, Board of Tourism Development, is repealed.
2038-1930 [(32)] (31) Subsection 63N-8-103(3)(c), which allows the Governor's Office of
2039-1931Economic Opportunity to issue an amount of tax credit certificates only for rural productions,
2040-1932is repealed on July 1, 2024.
2041-1933 Section 38. Section 63I-2-204 is amended to read:
2042-1934 63I-2-204. Repeal dates: Title 4.
2043-1935 (1) Title 4, Chapter 2, Part 6, Local Food Advisory Council, is repealed November 30,
2044-19362027.
2045-1937 (2) Title 4, Chapter 42, Utah Intracurricular Student Organization Support for
2046-1938Agricultural Education and Leadership, is repealed on July 1, 2024.
2047-1939 [(2)] (3) Section 4-46-104, Transition, is repealed July 1, 2024.
2048-1940 Section 39. Section 63I-2-209 is amended to read:
2049-1941 63I-2-209. Repeal dates: Title 9.
2050-1942 (1) Section 9-9-112, Bears Ears Visitor Center Advisory Committee, is repealed
2051-1943December 31, 2024.
2052-1944 (2) Title 9, Chapter 6, Part 9, COVID-19 Cultural Assistance Grant Program, is
2053-1945repealed June 30, 2021. Enrolled Copy H.B. 26
2275+2196Account created by Section 41-3-110 to the State Tax Commission.
2276+2197 [(32) The Utah Law Enforcement Memorial Support Restricted Account created in
2277+2198Section 53-1-120.]
2278+2199 [(33)] (25) The State Disaster Recovery Restricted Account to the Division of
2279+2200Emergency Management, as provided in Section 53-2a-603.
2280+2201 [(34)] (26) The Post Disaster Recovery and Mitigation Restricted Account created in
2281+2202Section 53-2a-1302.
2282+2203 [(35)] (27) The Department of Public Safety Restricted Account to the Department of
2283+2204Public Safety, as provided in Section 53-3-106.
2284+2205 [(36)] (28) The Utah Highway Patrol Aero Bureau Restricted Account created in
2285+2206Section 53-8-303.
2286+2207 [(37)] (29) The DNA Specimen Restricted Account created in Section 53-10-407.
2287+2208 [(38)] (30) The Canine Body Armor Restricted Account created in Section 53-16-201.
2288+2209 [(39)] (31) The Technical Colleges Capital Projects Fund created in Section
2289+221053B-2a-118.
2290+2211 [(40)] (32) The Higher Education Capital Projects Fund created in Section
2291+221253B-22-202.
2292+2213 [(41)] (33) A certain portion of money collected for administrative costs under the
2293+2214School Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
2294+2215 [(42)] (34) The Public Utility Regulatory Restricted Account created in Section
2295+221654-5-1.5, subject to Subsection 54-5-1.5(4)(d).
2296+2217 [(43)] (35) Funds collected from a surcharge fee to provide certain licensees with
2297+2218access to an electronic reference library, as provided in Section 58-3a-105.
2298+2219 [(44)] (36) Certain fines collected by the Division of Professional Licensing for
2299+2220violation of unlawful or unprofessional conduct that are used for education and enforcement
2300+2221purposes, as provided in Section 58-17b-505.
2301+2222 [(45)] (37) Funds collected from a surcharge fee to provide certain licensees with
2302+2223access to an electronic reference library, as provided in Section 58-22-104.
2303+2224 [(46)] (38) Funds collected from a surcharge fee to provide certain licensees with
2304+2225access to an electronic reference library, as provided in Section 58-55-106.
2305+2226 [(47)] (39) Funds collected from a surcharge fee to provide certain licensees with 02-23-23 4:02 PM 4th Sub. (Green) H.B. 26
20542306 - 73 -
2055-1946 (3) Title 9, Chapter 17, Humanitarian Service and Educational and Cultural Exchange
2056-1947Restricted Account Act, is repealed on July 1, 2024.
2057-1948 (4) Title 9, Chapter 18, Martin Luther King, Jr. Civil Rights Support Restricted
2058-1949Account Act, is repealed on July 1, 2024.
2059-1950 (5) Title 9, Chapter 19, National Professional Men's Soccer Team Support of Building
2060-1951Communities Restricted Account Act, is repealed on July 1, 2024.
2061-1952 Section 40. Section 63I-2-213 is amended to read:
2062-1953 63I-2-213. Repeal dates: Title 13.
2063-1954 (1) Section 13-1-16 is repealed on July 1, 2024.
2064-1955 (2) Title 13, Chapter 47, Private Employer Verification Act, is repealed on the program
2065-1956start date, as defined in Section 63G-12-102.
2066-1957 Section 41. Section 63I-2-219 is amended to read:
2067-1958 63I-2-219. Repeal dates: Title 19.
2068-1959 (1) Section 19-1-109 is repealed on July 1, 2024.
2069-1960 [(1)] (2) Subsections 19-2-109.2(2) through (10), related to the Compliance Advisory
2070-1961Panel, are repealed July 1, 2023.
2071-1962 [(2)] (3) Section 19-2a-102.5, addressing a study and recommendations for a diesel
2072-1963emission reduction program, is repealed July 1, 2024.
2073-1964 Section 42. Section 63I-2-223 is amended to read:
2074-1965 63I-2-223. Repeal dates: Title 23.
2075-1966 Section 23-14-13.5 is repealed on July 1, 2024.
2076-1967 Section 43. Section 63I-2-226 is amended to read:
2077-1968 63I-2-226. Repeal dates: Title 26 through 26B.
2078-1969 (1) Subsection 26-2-12.6(3), relating to the report for birth certificate fees, is repealed
2079-1970December 31, 2022.
2080-1971 (2) Subsection 26-7-8(3) is repealed January 1, 2027.
2081-1972 (3) Section 26-8a-107 is repealed July 1, 2024. H.B. 26
2082-Enrolled Copy
2307+2227access to an electronic reference library, as provided in Section 58-56-3.5.
2308+2228 [(48)] (40) Certain fines collected by the Division of Professional Licensing for use in
2309+2229education and enforcement of the Security Personnel Licensing Act, as provided in Section
2310+223058-63-103.
2311+2231 [(49)] (41) The Relative Value Study Restricted Account created in Section 59-9-105.
2312+2232 [(50)] (42) The Cigarette Tax Restricted Account created in Section 59-14-204.
2313+2233 [(51)] (43) Funds paid to the Division of Real Estate for the cost of a criminal
2314+2234background check for a mortgage loan license, as provided in Section 61-2c-202.
2315+2235 [(52)] (44) Funds paid to the Division of Real Estate for the cost of a criminal
2316+2236background check for principal broker, associate broker, and sales agent licenses, as provided
2317+2237in Section 61-2f-204.
2318+2238 [(53)] (45) Certain funds donated to the Department of Health and Human Services, as
2319+2239provided in Section 26B-1-202.
2320+2240 [(54) The National Professional Men's Basketball Team Support of Women and
2321+2241Children Issues Restricted Account created in Section 26B-1-302.]
2322+2242 [(55)] (46) Certain funds donated to the Division of Child and Family Services, as
2323+2243provided in Section 80-2-404.
2324+2244 [(56) The Choose Life Adoption Support Restricted Account created in Section
2325+224580-2-502.]
2326+2246 [(57)] (47) Funds collected by the Office of Administrative Rules for publishing, as
2327+2247provided in Section 63G-3-402.
2328+2248 [(58)] (48) The Immigration Act Restricted Account created in Section 63G-12-103.
2329+2249 [(59)] (49) Money received by the military installation development authority, as
2330+2250provided in Section 63H-1-504.
2331+2251 [(60)] (50) The Computer Aided Dispatch Restricted Account created in Section
2332+225263H-7a-303.
2333+2253 [(61)] (51) The Unified Statewide 911 Emergency Service Account created in Section
2334+225463H-7a-304.
2335+2255 [(62)] (52) The Utah Statewide Radio System Restricted Account created in Section
2336+225663H-7a-403.
2337+2257 [(63)] (53) The Utah Capital Investment Restricted Account created in Section 4th Sub. (Green) H.B. 26 02-23-23 4:02 PM
20832338 - 74 -
2084-1973 (4) Subsection 26-8a-203(3)(a)(i) is repealed January 1, 2023.
2085-1974 (5) Section 26-8a-211 is repealed July 1, 2023.
2086-1975 (6) In relation to the Air Ambulance Committee, on July 1, 2024, Subsection
2087-197626-8a-602(1)(a) is amended to read:
2088-1977 "(a) provide the patient or the patient's representative with the following information
2089-1978before contacting an air medical transport provider:
2090-1979 (i) which health insurers in the state the air medical transport provider contracts with;
2091-1980 (ii) if sufficient data is available, the average charge for air medical transport services
2092-1981for a patient who is uninsured or out of network; and
2093-1982 (iii) whether the air medical transport provider balance bills a patient for any charge not
2094-1983paid by the patient's health insurer; and".
2095-1984 (7) Subsection 26-18-2.4(3)(e) is repealed January 1, 2023.
2096-1985 (8) Subsection 26-18-411(8), related to reporting on the health coverage improvement
2097-1986program, is repealed January 1, 2023.
2098-1987 (9) Subsection 26-18-420(5), related to reporting on coverage for in vitro fertilization
2099-1988and genetic testing, is repealed July 1, 2030.
2100-1989 (10) In relation to the Air Ambulance Committee, July 1, 2024, Subsection
2101-199026-21-32(1)(a) is amended to read:
2102-1991 "(a) provide the patient or the patient's representative with the following information
2103-1992before contacting an air medical transport provider:
2104-1993 (i) which health insurers in the state the air medical transport provider contracts with;
2105-1994 (ii) if sufficient data is available, the average charge for air medical transport services
2106-1995for a patient who is uninsured or out of network; and
2107-1996 (iii) whether the air medical transport provider balance bills a patient for any charge not
2108-1997paid by the patient's health insurer; and".
2109-1998 (11) Section 26-21a-302 is repealed on July 1, 2024.
2110-1999 (12) Section 26-21a-304 is repealed on July 1, 2024. Enrolled Copy H.B. 26
2339+225863N-6-204.
2340+2259 [(64)] (54) The Motion Picture Incentive Account created in Section 63N-8-103.
2341+2260 [(65)] (55) Certain money payable for expenses of the Pete Suazo Utah Athletic
2342+2261Commission, as provided under Section 63N-10-301.
2343+2262 [(66)] (56) Funds collected by the housing of state probationary inmates or state parole
2344+2263inmates, as provided in Subsection 64-13e-104(2).
2345+2264 [(67)] (57) Certain forestry and fire control funds utilized by the Division of Forestry,
2346+2265Fire, and State Lands, as provided in Section 65A-8-103.
2347+2266 [(68)] (58) The Amusement Ride Safety Restricted Account, as provided in Section
2348+226772-16-204.
2349+2268 [(69)] (59) Certain funds received by the Office of the State Engineer for well drilling
2350+2269fines or bonds, as provided in Section 73-3-25.
2351+2270 [(70)] (60) The Water Resources Conservation and Development Fund, as provided in
2352+2271Section 73-23-2.
2353+2272 [(71)] (61) Funds donated or paid to a juvenile court by private sources, as provided in
2354+2273Subsection 78A-6-203(1)(c).
2355+2274 [(72)] (62) Fees for certificate of admission created under Section 78A-9-102.
2356+2275 [(73)] (63) Funds collected for adoption document access as provided in Sections
2357+227678B-6-141, 78B-6-144, and 78B-6-144.5.
2358+2277 [(74)] (64) Funds collected for indigent defense as provided in Title 78B, Chapter 22,
2359+2278Part 4, Utah Indigent Defense Commission.
2360+2279 [(75)] (65) The Utah Geological Survey Oil, Gas, and Mining Restricted Account
2361+2280created in Section 79-3-403.
2362+2281 [(76)] (66) Revenue for golf user fees at the Wasatch Mountain State Park, Palisades
2363+2282State Park, and Green River State Park, as provided under Section 79-4-403.
2364+2283 [(77) Funds donated as described in Section 41-1a-422 for the State Park Fees
2365+2284Restricted Account created in Section 79-4-402 for support of the Division of State Parks' dark
2366+2285sky initiative.]
2367+2286 [(78)] (67) Certain funds received by the Division of State Parks from the sale or
2368+2287disposal of buffalo, as provided under Section 79-4-1001.
2369+2288 Section 52. Section 63J-1-602.2 is amended to read: 02-23-23 4:02 PM 4th Sub. (Green) H.B. 26
21112370 - 75 -
2112-2000 [(11)] (13) Subsection 26-33a-106.1(2)(a) is repealed January 1, 2023.
2113-2001 [(12)] (14) Title 26, Chapter 46, Utah Health Care Workforce Financial Assistance
2114-2002Program, is repealed July 1, 2027.
2115-2003 (15) Section 26-58-102 is repealed on July 1, 2024.
2116-2004 [(13)] (16) Subsection 26-61-202(4)(b) is repealed January 1, 2022.
2117-2005 [(14)] (17) Subsection 26-61-202(5) is repealed January 1, 2022.
2118-2006 [(15)] (18) Subsection 26B-1-204(2)(f), relating to the Air Ambulance Committee, is
2119-2007repealed July 1, 2024.
2120-2008 (19) Section 26B-1-302 is repealed on July 1, 2024.
2121-2009 Section 44. Section 63I-2-253 is amended to read:
2122-2010 63I-2-253. Repeal dates: Titles 53 through 53G.
2123-2011 (1) Section 53-1-118 is repealed on July 1, 2024.
2124-2012 (2) Section 53-1-120 is repealed on July 1, 2024.
2125-2013 (3) Section 53-7-109 is repealed on July 1, 2024.
2126-2014 [(1)] (4) (a) Subsection 53B-2a-108(5), regarding exceptions to the composition of a
2127-2015technical college board of trustees, is repealed July 1, 2022.
2128-2016 (b) When repealing Subsection 53B-2a-108(5), the Office of Legislative Research and
2129-2017General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
2130-2018necessary changes to subsection numbering and cross references.
2131-2019 [(2)] (5) Section 53B-6-105.7 is repealed July 1, 2024.
2132-2020 [(3)] (6) Section 53B-7-707 regarding performance metrics for technical colleges is
2133-2021repealed July 1, 2023.
2134-2022 [(4)] (7) Section 53B-8-114 is repealed July 1, 2024.
2135-2023 [(5)] (8) The following provisions, regarding the Regents' scholarship program, are
2136-2024repealed on July 1, 2023:
2137-2025 (a) in Subsection 53B-8-105(12), the language that states, "or any scholarship
2138-2026established under Sections 53B-8-202 through 53B-8-205"; H.B. 26
2139-Enrolled Copy
2371+2289 63J-1-602.2. List of nonlapsing appropriations to programs.
2372+2290 Appropriations made to the following programs are nonlapsing:
2373+2291 (1) The Legislature and the Legislature's committees.
2374+2292 (2) The State Board of Education, including all appropriations to agencies, line items,
2375+2293and programs under the jurisdiction of the State Board of Education, in accordance with
2376+2294Section 53F-9-103.
2377+2295 (3) The Percent-for-Art Program created in Section 9-6-404.
2378+2296 (4) The LeRay McAllister Critical Land Conservation Program created in Section
2379+22974-46- 301.
2380+2298 (5) The Utah Lake Authority created in Section 11-65-201.
2381+2299 (6) Dedicated credits accrued to the Utah Marriage Commission as provided under
2382+2300Subsection 17-16-21(2)(d)(ii).
2383+2301 (7) The Division of Wildlife Resources for the appraisal and purchase of lands under
2384+2302the Pelican Management Act, as provided in Section 23-21a-6.
2385+2303 (8) The Emergency Medical Services Grant Program in Section 26-8a-207.
2386+2304 (9) The primary care grant program created in Section 26-10b-102.
2387+2305 (10) Sanctions collected as dedicated credits from Medicaid providers under
2388+2306Subsection 26-18-3(7).
2389+2307 (11) The Utah Health Care Workforce Financial Assistance Program created in Section
2390+230826-46-102.
2391+2309 (12) The Rural Physician Loan Repayment Program created in Section 26-46a-103.
2392+2310 (13) The Opiate Overdose Outreach Pilot Program created in Section 26-55-107.
2393+2311 (14) The Utah Medical Education Council for the:
2394+2312 (a) administration of the Utah Medical Education Program created in Section
2395+231326-69-403;
2396+2314 (b) provision of medical residency grants described in Section 26-69-407; and
2397+2315 (c) provision of the forensic psychiatric fellowship grant described in Section
2398+231626-69-408.
2399+2317 (15) Funds that the Department of Alcoholic Beverage Services retains in accordance
2400+2318with Subsection 32B-2-301(8)(a) or (b).
2401+2319 (16) The General Assistance program administered by the Department of Workforce 4th Sub. (Green) H.B. 26 02-23-23 4:02 PM
21402402 - 76 -
2141-2027 (b) Section 53B-8-202;
2142-2028 (c) Section 53B-8-203;
2143-2029 (d) Section 53B-8-204; and
2144-2030 (e) Section 53B-8-205.
2145-2031 [(6)] (9) Section 53B-10-101 is repealed on July 1, 2027.
2146-2032 [(7)] (10) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project, is
2147-2033repealed July 1, 2023.
2148-2034 [(8)] (11) Subsection 53E-1-201(1)(s) regarding the report by the Educational
2149-2035Interpretation and Translation Services Procurement Advisory Council is repealed July 1, 2024.
2150-2036 [(9)] (12) Section 53E-1-202.2, regarding a Public Education Appropriations
2151-2037Subcommittee evaluation and recommendations, is repealed January 1, 2024.
2152-2038 [(10)] (13) Subsection 53E-10-309(7), related to the PRIME pilot program, is repealed
2153-2039July 1, 2024.
2154-2040 [(11)] (14) In Subsections 53F-2-205(4) and (5), regarding the State Board of
2155-2041Education's duties if contributions from the minimum basic tax rate are overestimated or
2156-2042underestimated, the language that states "or 53F-2-301.5, as applicable" is repealed July 1,
2157-20432023.
2158-2044 [(12)] (15) Section 53F-2-209, regarding local education agency budgetary flexibility,
2159-2045is repealed July 1, 2024.
2160-2046 [(13)] (16) Subsection 53F-2-301(1), relating to the years the section is not in effect, is
2161-2047repealed July 1, 2023.
2162-2048 [(14)] (17) Section 53F-2-302.1, regarding the Enrollment Growth Contingency
2163-2049Program, is repealed July 1, 2023.
2164-2050 [(15)] (18) Subsection 53F-2-314(4), relating to a one-time expenditure between the
2165-2051at-risk WPU add-on funding and previous at-risk funding, is repealed January 1, 2024.
2166-2052 [(16)] (19) Section 53F-2-524, regarding teacher bonuses for extra work assignments,
2167-2053is repealed July 1, 2024. Enrolled Copy H.B. 26
2403+2320Services, as provided in Section 35A-3-401.
2404+2321 (17) The Utah National Guard, created in [Title 39, Militia and Armories] Title 39A,
2405+2322National Guard and Militia Act.
2406+2323 [(18) The State Tax Commission under Section 41-1a-1201 for the:]
2407+2324 [(a) purchase and distribution of license plates and decals; and]
2408+2325 [(b) administration and enforcement of motor vehicle registration requirements.]
2409+2326 [(19)] (18) The Search and Rescue Financial Assistance Program, as provided in
2410+2327Section 53-2a-1102.
2411+2328 [(20)] (19) The Motorcycle Rider Education Program, as provided in Section 53-3-905.
2412+2329 [(21)] (20) The Utah Board of Higher Education for teacher preparation programs, as
2413+2330provided in Section 53B-6-104.
2414+2331 [(22)] (21) Innovation grants under Section 53G-10-608, except as provided in
2415+2332Subsection 53G-10-608(6).
2416+2333 [(23)] (22) The Division of Services for People with Disabilities, as provided in
2417+2334Section 62A-5-102.
2418+2335 [(24)] (23) The Division of Fleet Operations for the purpose of upgrading underground
2419+2336storage tanks under Section 63A-9-401.
2420+2337 [(25)] (24) The Utah Seismic Safety Commission, as provided in Section 63C-6-104.
2421+2338 [(26)] (25) The Division of Technology Services for technology innovation as provided
2422+2339under Section 63A-16-903.
2423+2340 [(27)] (26) The Office of Administrative Rules for publishing, as provided in Section
2424+234163G-3-402.
2425+2342 [(28)] (27) The Colorado River Authority of Utah, created in Title 63M, Chapter 14,
2426+2343Colorado River Authority of Utah Act.
2427+2344 [(29)] (28) The Governor's Office of Economic Opportunity to fund the Enterprise
2428+2345Zone Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
2429+2346 [(30)] (29) The Governor's Office of Economic Opportunity's Rural Employment
2430+2347Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural Employment
2431+2348Expansion Program.
2432+2349 [(31)] (30) Programs for the Jordan River Recreation Area as described in Section
2433+235065A-2-8. 02-23-23 4:02 PM 4th Sub. (Green) H.B. 26
21682434 - 77 -
2169-2054 [(17)] (20) In Subsection 53F-2-515(1), the language that states "or 53F-2-301.5, as
2170-2055applicable" is repealed July 1, 2023.
2171-2056 [(18)] (21) Subsection 53F-4-401(3)(b), regarding a child enrolled or eligible for
2172-2057enrollment in kindergarten, is repealed July 1, 2022.
2173-2058 [(19)] (22) In Subsection 53F-4-404(4)(c), the language that states "Except as provided
2174-2059in Subsection (4)(d)" is repealed July 1, 2022.
2175-2060 [(20)] (23) Subsection 53F-4-404(4)(d) is repealed July 1, 2022.
2176-2061 [(21)] (24) In Subsection 53F-9-302(3), the language that states "or 53F-2-301.5, as
2177-2062applicable" is repealed July 1, 2023.
2178-2063 [(22)] (25) In Subsection 53F-9-305(3)(a), the language that states "or 53F-2-301.5, as
2179-2064applicable" is repealed July 1, 2023.
2180-2065 [(23)] (26) In Subsection 53F-9-306(3)(a), the language that states "or 53F-2-301.5, as
2181-2066applicable" is repealed July 1, 2023.
2182-2067 [(24)] (27) In Subsection 53G-3-304(1)(c)(i), the language that states "or 53F-2-301.5,
2183-2068as applicable" is repealed July 1, 2023.
2184-2069 (28) Section 53F-9-401 is repealed on July 1, 2024.
2185-2070 (29) Section 53F-9-403 is repealed on July 1, 2024.
2186-2071 [(25)] (30) On July 1, 2023, when making changes in this section, the Office of
2187-2072Legislative Research and General Counsel shall, in addition to the office's authority under
2188-2073Subsection 36-12-12(3), make corrections necessary to ensure that sections and subsections
2189-2074identified in this section are complete sentences and accurately reflect the office's perception of
2190-2075the Legislature's intent.
2191-2076 Section 45. Section 63I-2-261 is amended to read:
2192-2077 63I-2-261. Repeal dates: Title 61.
2193-2078 Section 61-2-204 is repealed on July 1, 2024.
2194-2079 Section 46. Section 63I-2-263 is amended to read:
2195-2080 63I-2-263. Repeal dates: Title 63A to Title 63N. H.B. 26
2196-Enrolled Copy
2435+2351 [(32)] (31) The Division of Human Resource Management user training program, as
2436+2352provided in Section 63A-17-106.
2437+2353 [(33)] (32) A public safety answering point's emergency telecommunications service
2438+2354fund, as provided in Section 69-2-301.
2439+2355 [(34)] (33) The Traffic Noise Abatement Program created in Section 72-6-112.
2440+2356 [(35)] (34) The money appropriated from the Navajo Water Rights Negotiation
2441+2357Account to the Division of Water Rights, created in Section 73-2-1.1, for purposes of
2442+2358participating in a settlement of federal reserved water right claims.
2443+2359 [(36)] (35) The Judicial Council for compensation for special prosecutors, as provided
2444+2360in Section 77-10a-19.
2445+2361 [(37)] (36) A state rehabilitative employment program, as provided in Section
2446+236278A-6-210.
2447+2363 [(38)] (37) The Utah Geological Survey, as provided in Section 79-3-401.
2448+2364 [(39)] (38) The Bonneville Shoreline Trail Program created under Section 79-5-503.
2449+2365 [(40)] (39) Adoption document access as provided in Sections 78B-6-141, 78B-6-144,
2450+2366and 78B-6-144.5.
2451+2367 [(41)] (40) Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent
2452+2368Defense Commission.
2453+2369 [(42)] (41) The program established by the Division of Facilities Construction and
2454+2370Management under Section 63A-5b-703 under which state agencies receive an appropriation
2455+2371and pay lease payments for the use and occupancy of buildings owned by the Division of
2456+2372Facilities Construction and Management.
2457+2373 [(43)] (42) The State Tax Commission for reimbursing counties for deferred property
2458+2374taxes in accordance with Section 59-2-1802.
2459+2375 Section 53. Section 71-8-2 is amended to read:
2460+2376 71-8-2. Department of Veterans and Military Affairs created -- Appointment of
2461+2377executive director -- Department responsibilities.
2462+2378 (1) There is created the Department of Veterans and Military Affairs.
2463+2379 (2) The governor shall appoint an executive director for the department, after
2464+2380consultation with the Veterans Advisory Council, who is subject to Senate confirmation.
2465+2381 (a) The executive director shall be an individual who: 4th Sub. (Green) H.B. 26 02-23-23 4:02 PM
21972466 - 78 -
2198-2081 (1) Title 63A, Chapter 2, Part 5, Educational Interpretation and Translation Services
2199-2082Procurement Advisory Council is repealed July 1, 2025.
2200-2083 (2) Section 63A-17-303 is repealed July 1, 2023.
2201-2084 (3) Subsection 63A-17-304(1)(c) is repealed July 1, 2022.
2202-2085 (4) Title 63C, Chapter 22, Digital Wellness, Citizenship, and Safe Technology
2203-2086Commission is repealed July 1, 2023.
2204-2087 (5) Section 63G-1-502 is repealed July 1, 2022.
2205-2088 (6) The following sections regarding the World War II Memorial Commission are
2206-2089repealed July 1, 2022:
2207-2090 (a) Section 63G-1-801;
2208-2091 (b) Section 63G-1-802;
2209-2092 (c) Section 63G-1-803; and
2210-2093 (d) Section 63G-1-804.
2211-2094 [(7) Title 63H, Chapter 5, Utah State Railroad Museum Authority, is repealed on July
2212-20951, 2022.]
2213-2096 [(8)] (7) Section 63H-7a-303 is repealed July 1, 2024.
2214-2097 [(9)] (8) Subsection 63H-7a-403(2)(b), regarding the charge to maintain the public
2215-2098safety communications network, is repealed July 1, 2033.
2216-2099 [(10)] (9) Subsection 63J-1-602.2(44), which lists appropriations to the State Tax
2217-2100Commission for property tax deferral reimbursements, is repealed July 1, 2027.
2218-2101 [(11)] (10) Sections 63M-7-213 and 63M-7-213.5 are repealed January 1, 2023.
2219-2102 [(12)] (11) Section 63M-7-217 is repealed July 1, 2022.
2220-2103 [(13)] (12) Subsection 63N-2-213(12)(a), relating to claiming a tax credit in the same
2221-2104taxable year as the targeted business income tax credit, is repealed December 31, 2024.
2222-2105 [(14)] (13) Title 63N, Chapter 2, Part 3, Targeted Business Income Tax Credit in an
2223-2106Enterprise Zone, is repealed December 31, 2024.
2224-2107 Section 47. Section 63I-2-272 is amended to read: Enrolled Copy H.B. 26
2467+2382 (i) has served on active duty in the armed forces for more than 180 consecutive days;
2468+2383 (ii) was a member of a reserve component who served in a campaign or expedition for
2469+2384which a campaign medal has been authorized; or
2470+2385 (iii) incurred an actual service-related injury or disability in the line of duty, whether or
2471+2386not that person completed 180 consecutive days of active duty; and
2472+2387 (iv) was separated or retired under honorable conditions.
2473+2388 (b) Any veteran or veterans group may submit names to the council for consideration.
2474+2389 (3) The department shall:
2475+2390 (a) conduct and supervise all veteran activities as provided in this title;
2476+2391 [(b) determine which campaign or combat theater awards are eligible for a special
2477+2392group license plate in accordance with Section 41-1a-418;]
2478+2393 [(c) verify that an applicant for a campaign or combat theater award special group
2479+2394license plate is qualified to receive it;]
2480+2395 [(d) provide an applicant that qualifies a form indicating the campaign or combat
2481+2396theater award special group license plate for which the applicant qualifies;]
2482+2397 [(e)] (b) adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative
2483+2398Rulemaking Act, to carry out the provisions of this title; and
2484+2399 [(f)] (c) ensure that any training or certification required of a public official or public
2485+2400employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
2486+240122, State Training and Certification Requirements, if the training or certification is required:
2487+2402 (i) under this title;
2488+2403 (ii) by the department; or
2489+2404 (iii) by an agency or division within the department.
2490+2405 (4) (a) The department may award grants for the purpose of supporting veteran and
2491+2406military outreach, employment, education, healthcare, homelessness prevention, and
2492+2407recognition events.
2493+2408 (b) The department may award a grant described in Subsection (4)(a) to:
2494+2409 (i) an institution of higher education listed in Section 53B-1-102;
2495+2410 (ii) a nonprofit organization involved in veterans or military-related activities; or
2496+2411 (iii) a political subdivision of the state.
2497+2412 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 02-23-23 4:02 PM 4th Sub. (Green) H.B. 26
22252498 - 79 -
2226-2108 63I-2-272. Repeal dates: Title 72.
2227-2109 (1) Subsections 72-1-213.1(13)(a) and (b), related to the road usage charge rate and
2228-2110road usage charge cap, are repealed January 1, 2033.
2229-2111 (2) Section 72-1-216.1 is repealed January 1, 2023.
2230-2112 (3) Section 72-2-127 is repealed on July 1, 2024.
2231-2113 (4) Section 72-2-130 is repealed on July 1, 2024.
2232-2114 [(3)] (5) Section 72-4-105.1 is repealed on January 1, 2024.
2233-2115 Section 48. Section 63I-2-278 is amended to read:
2234-2116 63I-2-278. Repeal dates: Title 78A and Title 78B.
2235-2117 (1) Section 78A-2-804 is repealed on July 1, 2024.
2236-2118 [(1)] (2) If Title 78B, Chapter 6, Part 22, Cause of Action to Protect Minors from
2237-2119Unfiltered Devices, is not in effect before January 1, 2031, Title 78B, Chapter 6, Part 22, Cause
2238-2120of Action to Protect Minors from Unfiltered Devices, is repealed January 1, 2031.
2239-2121 [(2)] (3) Sections 78B-12-301 and 78B-12-302 are repealed on January 1, 2025.
2240-2122 Section 49. Section 63I-2-279 is amended to read:
2241-2123 63I-2-279. Repeal dates: Title 79.
2242-2124 (1) Section 79-2-206, Transition, is repealed July 1, 2024.
2243-2125 (2) Title 79, Chapter 6, Part 8, Voluntary Home Energy Information Pilot Program Act,
2244-2126is repealed January 1, 2022.
2245-2127 (3) Section 79-7-303 is repealed on July 1, 2024.
2246-2128 Section 50. Section 63I-2-280 is enacted to read:
2247-2129 63I-2-280. Repeal dates: Title 80.
2248-2130 Section 80-2-502 is repealed on July 1, 2024.
2249-2131 Section 51. Section 63J-1-602.1 is amended to read:
2250-2132 63J-1-602.1. List of nonlapsing appropriations from accounts and funds.
2251-2133 Appropriations made from the following accounts or funds are nonlapsing:
2252-2134 [(1) The Utah Intracurricular Student Organization Support for Agricultural Education H.B. 26
2253-Enrolled Copy
2499+2413department shall make rules for the administration of grants, including establishing:
2500+2414 (i) the form and process for submitting an application to the department;
2501+2415 (ii) the method and criteria for selecting a grant recipient;
2502+2416 (iii) the method and formula for determining a grant amount; and
2503+2417 (iv) the reporting requirements of a grant recipient.
2504+2418 (d) A grant may be awarded by the department only after consultation with the
2505+2419Veterans Advisory Council.
2506+2420 (5) Nothing in this chapter shall be construed as altering or preempting the provisions
2507+2421of [Title 39, Militia and Armories] Title 39A, National Guard and Militia Act, as specifically
2508+2422related to the Utah National Guard.
2509+2423 Section 54. Section 71-8-4 is amended to read:
2510+2424 71-8-4. Veterans Advisory Council -- Membership -- Duties and responsibilities --
2511+2425Per diem and travel expenses.
2512+2426 (1) There is created a Veterans Advisory Council whose purpose is to advise the
2513+2427executive director of the Department of Veterans and Military Affairs on issues relating to
2514+2428veterans.
2515+2429 (2) The council shall consist of the following 14 members:
2516+2430 (a) 11 voting members to serve four-year terms:
2517+2431 (i) seven veterans at large appointed by the governor;
2518+2432 (ii) the commander or the commander's designee, whose terms shall last for as long as
2519+2433they hold that office, from each of the following organizations:
2520+2434 (A) Veterans of Foreign Wars;
2521+2435 (B) American Legion; and
2522+2436 (C) Disabled American Veterans; and
2523+2437 (iii) a representative from the Office of the Governor; and
2524+2438 (b) three nonvoting members:
2525+2439 (i) the executive director of the Department of Veterans and Military Affairs;
2526+2440 (ii) the director of the VA Health Care System or his designee; and
2527+2441 (iii) the director of the VA Benefits Administration Regional Office in Salt Lake City,
2528+2442or his designee.
2529+2443 (3) (a) Except as required by Subsection (3)(b), as terms of current council members 4th Sub. (Green) H.B. 26 02-23-23 4:02 PM
22542530 - 80 -
2255-2135and Leadership Restricted Account created in Section 4-42-102.]
2256-2136 [(2)] (1) The Native American Repatriation Restricted Account created in Section
2257-21379-9-407.
2258-2138 [(3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
2259-2139Section 9-18-102.]
2260-2140 [(4) The National Professional Men's Soccer Team Support of Building Communities
2261-2141Restricted Account created in Section 9-19-102.]
2262-2142 [(5)] (2) Funds collected for directing and administering the C-PACE district created in
2263-2143Section 11-42a-106.
2264-2144 [(6)] (3) Money received by the Utah Inland Port Authority, as provided in Section
2265-214511-58-105.
2266-2146 [(7) The "Latino Community Support Restricted Account" created in Section 13-1-16.]
2267-2147 [(8) The Clean Air Support Restricted Account created in Section 19-1-109.]
2268-2148 [(9)] (4) The Division of Air Quality Oil, Gas, and Mining Restricted Account created
2269-2149in Section 19-2a-106.
2270-2150 [(10)] (5) The Division of Water Quality Oil, Gas, and Mining Restricted Account
2271-2151created in Section 19-5-126.
2272-2152 [(11) The "Support for State-Owned Shooting Ranges Restricted Account" created in
2273-2153Section 23-14-13.5.]
2274-2154 [(12)] (6) Award money under the State Asset Forfeiture Grant Program, as provided
2275-2155under Section 24-4-117.
2276-2156 [(13)] (7) Funds collected from the program fund for local health department expenses
2277-2157incurred in responding to a local health emergency under Section 26-1-38.
2278-2158 [(14) The Children with Cancer Support Restricted Account created in Section
2279-215926-21a-304.]
2280-2160 [(15)] (8) State funds for matching federal funds in the Children's Health Insurance
2281-2161Program as provided in Section 26-40-108. Enrolled Copy H.B. 26
2531+2444expire, the governor shall appoint each new or reappointed member to a four-year term
2532+2445commencing on July 1.
2533+2446 (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
2534+2447time of appointment or reappointment, adjust the length of terms to ensure that the terms of
2535+2448council members are staggered so that approximately half of the members appointed by the
2536+2449governor are appointed every two years.
2537+2450 (4) When a vacancy occurs in the membership for any reason, the governor shall
2538+2451appoint a replacement for the unexpired term within 60 days of receiving notice.
2539+2452 (5) Members appointed by the governor may not serve more than three consecutive
2540+2453terms.
2541+2454 (6) (a) Any veterans group or veteran may provide the executive director with a list of
2542+2455recommendations for members on the council.
2543+2456 (b) The executive director shall provide the governor with the list of recommendations
2544+2457for members to be appointed to the council.
2545+2458 (c) The governor shall make final appointments to the council by June 30 of any year in
2546+2459which appointments are to be made under this chapter.
2547+2460 (7) The council shall elect a chair and vice chair from among the council members
2548+2461every two years. The chair and vice chair shall each be an individual who:
2549+2462 (a) has served on active duty in the armed forces for more than 180 consecutive days;
2550+2463 (b) was a member of a reserve component who served in a campaign or expedition for
2551+2464which a campaign medal has been authorized; or
2552+2465 (c) incurred an actual service-related injury or disability in the line of duty, whether or
2553+2466not that person completed 180 consecutive days of active duty; and
2554+2467 (d) was separated or retired under honorable conditions.
2555+2468 (8) (a) The council shall meet at least once every quarter.
2556+2469 (b) The executive director of the Department of Veterans and Military Affairs may
2557+2470convene additional meetings, as necessary.
2558+2471 (9) The department shall provide staff to the council.
2559+2472 (10) Six voting members are a quorum for the transaction of business.
2560+2473 (11) The council shall:
2561+2474 (a) solicit input concerning veterans issues from veterans' groups throughout the state; 02-23-23 4:02 PM 4th Sub. (Green) H.B. 26
22822562 - 81 -
2283-2162 [(16) The Children with Heart Disease Support Restricted Account created in Section
2284-216326-58-102.]
2285-2164 [(17)] (9) The Technology Development Restricted Account created in Section
2286-216531A-3-104.
2287-2166 [(18)] (10) The Criminal Background Check Restricted Account created in Section
2288-216731A-3-105.
2289-2168 [(19)] (11) The Captive Insurance Restricted Account created in Section 31A-3-304,
2290-2169except to the extent that Section 31A-3-304 makes the money received under that section free
2291-2170revenue.
2292-2171 [(20)] (12) The Title Licensee Enforcement Restricted Account created in Section
2293-217231A-23a-415.
2294-2173 [(21)] (13) The Health Insurance Actuarial Review Restricted Account created in
2295-2174Section 31A-30-115.
2296-2175 [(22)] (14) The Insurance Fraud Investigation Restricted Account created in Section
2297-217631A-31-108.
2298-2177 [(23)] (15) The Underage Drinking Prevention Media and Education Campaign
2299-2178Restricted Account created in Section 32B-2-306.
2300-2179 [(24)] (16) The Drinking While Pregnant Prevention Media and Education Campaign
2301-2180Restricted Account created in Section 32B-2-308.
2302-2181 [(25)] (17) The School Readiness Restricted Account created in Section 35A-15-203.
2303-2182 [(26)] (18) Money received by the Utah State Office of Rehabilitation for the sale of
2304-2183certain products or services, as provided in Section 35A-13-202.
2305-2184 [(27)] (19) The Oil and Gas Administrative Penalties Account created in Section
2306-218540-6-11.
2307-2186 [(28)] (20) The Oil and Gas Conservation Account created in Section 40-6-14.5.
2308-2187 [(29)] (21) The Division of Oil, Gas, and Mining Restricted account created in Section
2309-218840-6-23. H.B. 26
2310-Enrolled Copy
2563+2475 (b) report issues received to the executive director of the Department of Veterans and
2564+2476Military Affairs and make recommendations concerning them;
2565+2477 (c) keep abreast of federal developments that affect veterans locally and advise the
2566+2478executive director of them;
2567+2479 (d) approve, by a majority vote, the use of money generated from veterans license
2568+2480plates under Section [41-1a-422] 41-1a-1603 for veterans programs; and
2569+2481 (e) assist the director in developing guidelines and qualifications for:
2570+2482 (i) participation by donors and recipients in the Veterans Assistance Registry created in
2571+2483Section 71-12-101; and
2572+2484 (ii) developing a process for providing contact information between qualified donors
2573+2485and recipients.
2574+2486 (12) A member may not receive compensation or benefits for the member's service, but
2575+2487may receive per diem and travel expenses in accordance with:
2576+2488 (a) Section 63A-3-106;
2577+2489 (b) Section 63A-3-107; and
2578+2490 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2579+249163A-3-107.
2580+2492 Section 55. Section 79-4-402 is amended to read:
2581+2493 79-4-402. State Park Fees Restricted Account.
2582+2494 (1) There is created within the General Fund a restricted account known as the State
2583+2495Park Fees Restricted Account.
2584+2496 (2) (a) Except as provided in Subsection (2)(b), the account shall consist of revenue
2585+2497from:
2586+2498 [(i) contributions deposited into the account in accordance with Section 41-1a-422;]
2587+2499 [(ii)] (i) all charges allowed under Section 79-4-203;
2588+2500 [(iii)] (ii) proceeds from the sale or disposal of buffalo under Subsection
2589+250179-4-1001(2)(b); and
2590+2502 [(iv)] (iii) civil damages collected under Section 76-6-206.2.
2591+2503 (b) The account shall not include revenue the division receives under Section 79-4-403
2592+2504and Subsection 79-4-1001(2)(a).
2593+2505 (3) The division shall use funds in this account for the purposes described in Section 4th Sub. (Green) H.B. 26 02-23-23 4:02 PM
23112594 - 82 -
2312-2189 [(30)] (22) The Electronic Payment Fee Restricted Account created by Section
2313-219041-1a-121 to the Motor Vehicle Division.
2314-2191 (23) The License Plate Restricted Account created by Section 41-1a-122 to the Motor
2315-2192Vehicle Division.
2316-2193 [(31)] (24) The Motor Vehicle Enforcement Division Temporary Permit Restricted
2317-2194Account created by Section 41-3-110 to the State Tax Commission.
2318-2195 [(32) The Utah Law Enforcement Memorial Support Restricted Account created in
2319-2196Section 53-1-120.]
2320-2197 [(33)] (25) The State Disaster Recovery Restricted Account to the Division of
2321-2198Emergency Management, as provided in Section 53-2a-603.
2322-2199 [(34)] (26) The Post Disaster Recovery and Mitigation Restricted Account created in
2323-2200Section 53-2a-1302.
2324-2201 [(35)] (27) The Department of Public Safety Restricted Account to the Department of
2325-2202Public Safety, as provided in Section 53-3-106.
2326-2203 [(36)] (28) The Utah Highway Patrol Aero Bureau Restricted Account created in
2327-2204Section 53-8-303.
2328-2205 [(37)] (29) The DNA Specimen Restricted Account created in Section 53-10-407.
2329-2206 [(38)] (30) The Canine Body Armor Restricted Account created in Section 53-16-201.
2330-2207 [(39)] (31) The Technical Colleges Capital Projects Fund created in Section
2331-220853B-2a-118.
2332-2209 [(40)] (32) The Higher Education Capital Projects Fund created in Section
2333-221053B-22-202.
2334-2211 [(41)] (33) A certain portion of money collected for administrative costs under the
2335-2212School Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
2336-2213 [(42)] (34) The Public Utility Regulatory Restricted Account created in Section
2337-221454-5-1.5, subject to Subsection 54-5-1.5(4)(d).
2338-2215 [(43)] (35) Funds collected from a surcharge fee to provide certain licensees with Enrolled Copy H.B. 26
2595+250679-4-203.
2596+2507 Section 56. Section 79-7-203 is amended to read:
2597+2508 79-7-203. Powers and duties of division.
2598+2509 (1) As used in this section, "real property" includes land under water, upland, and all
2599+2510other property commonly or legally defined as real property.
2600+2511 (2) The Division of Wildlife Resources shall retain the power and jurisdiction
2601+2512conferred upon the Division of Wildlife Resources by law on property controlled by the
2602+2513division with reference to fish and game.
2603+2514 (3) For purposes of property controlled by the division, the division shall permit
2604+2515multiple uses of the property for purposes such as grazing, fishing, hunting, camping, mining,
2605+2516and the development and use of water and other natural resources.
2606+2517 (4) (a) The division may acquire real and personal property in the name of the state by
2607+2518legal and proper means, including purchase, gift, devise, eminent domain, lease, exchange, or
2608+2519otherwise, subject to the approval of the executive director and the governor.
2609+2520 (b) In acquiring real or personal property, the credit of the state may not be pledged
2610+2521without the consent of the Legislature.
2611+2522 (5) (a) Before acquiring any real property, the division shall notify the county
2612+2523legislative body of the county where the property is situated of the division's intention to
2613+2524acquire the property.
2614+2525 (b) If the county legislative body requests a hearing within 10 days of receipt of the
2615+2526notice, the division shall hold a public hearing in the county concerning the matter.
2616+2527 (6) Acceptance of gifts or devises of land or other property is at the discretion of the
2617+2528division, subject to the approval of the executive director and the governor.
2618+2529 (7) The division shall acquire property by eminent domain in the manner authorized by
2619+2530Title 78B, Chapter 6, Part 5, Eminent Domain.
2620+2531 (8) (a) The division may make charges for special services and use of facilities, the
2621+2532income from which is available for recreation purposes.
2622+2533 (b) The division may conduct and operate those services necessary for the comfort and
2623+2534convenience of the public.
2624+2535 (9) (a) The division may lease or rent concessions of lawful kinds and nature on
2625+2536property to persons, partnerships, and corporations for a valuable consideration after notifying 02-23-23 4:02 PM 4th Sub. (Green) H.B. 26
23392626 - 83 -
2340-2216access to an electronic reference library, as provided in Section 58-3a-105.
2341-2217 [(44)] (36) Certain fines collected by the Division of Professional Licensing for
2342-2218violation of unlawful or unprofessional conduct that are used for education and enforcement
2343-2219purposes, as provided in Section 58-17b-505.
2344-2220 [(45)] (37) Funds collected from a surcharge fee to provide certain licensees with
2345-2221access to an electronic reference library, as provided in Section 58-22-104.
2346-2222 [(46)] (38) Funds collected from a surcharge fee to provide certain licensees with
2347-2223access to an electronic reference library, as provided in Section 58-55-106.
2348-2224 [(47)] (39) Funds collected from a surcharge fee to provide certain licensees with
2349-2225access to an electronic reference library, as provided in Section 58-56-3.5.
2350-2226 [(48)] (40) Certain fines collected by the Division of Professional Licensing for use in
2351-2227education and enforcement of the Security Personnel Licensing Act, as provided in Section
2352-222858-63-103.
2353-2229 [(49)] (41) The Relative Value Study Restricted Account created in Section 59-9-105.
2354-2230 [(50)] (42) The Cigarette Tax Restricted Account created in Section 59-14-204.
2355-2231 [(51)] (43) Funds paid to the Division of Real Estate for the cost of a criminal
2356-2232background check for a mortgage loan license, as provided in Section 61-2c-202.
2357-2233 [(52)] (44) Funds paid to the Division of Real Estate for the cost of a criminal
2358-2234background check for principal broker, associate broker, and sales agent licenses, as provided
2359-2235in Section 61-2f-204.
2360-2236 [(53)] (45) Certain funds donated to the Department of Health and Human Services, as
2361-2237provided in Section 26B-1-202.
2362-2238 [(54) The National Professional Men's Basketball Team Support of Women and
2363-2239Children Issues Restricted Account created in Section 26B-1-302.]
2364-2240 [(55)] (46) Certain funds donated to the Division of Child and Family Services, as
2365-2241provided in Section 80-2-404.
2366-2242 [(56) The Choose Life Adoption Support Restricted Account created in Section H.B. 26
2367-Enrolled Copy
2627+2537the commission.
2628+2538 (b) The division shall comply with Title 63G, Chapter 6a, Utah Procurement Code, in
2629+2539selecting concessionaires.
2630+2540 (10) The division shall proceed without delay to negotiate with the federal government
2631+2541concerning the Weber Basin and other recreation and reclamation projects.
2632+2542 (11) (a) The division shall coordinate with and annually report to the following
2633+2543regarding land acquisition and development and grants administered under this chapter or
2634+2544Chapter 8, Outdoor Recreation Grants:
2635+2545 (i) the Division of State Parks; and
2636+2546 (ii) the Office of Rural Development.
2637+2547 (b) The report required under Subsection (11)(a) shall be in writing, made public, and
2638+2548include a description and the amount of any grant awarded under this chapter or Chapter 8,
2639+2549Outdoor Recreation Grants.
2640+2550 (12) The division shall:
2641+2551 (a) coordinate outdoor recreation policy, management, and promotion:
2642+2552 (i) among state and federal agencies and local government entities in the state;
2643+2553 (ii) with the Public Lands Policy Coordinating Office created in Section 63L-11-201, if
2644+2554public land is involved; and
2645+2555 (iii) on at least a quarterly basis, with the executive director and the executive director
2646+2556of the Governor's Office of Economic Opportunity;
2647+2557 (b) in cooperation with the Governor's Office of Economic Opportunity, promote
2648+2558economic development in the state by:
2649+2559 (i) coordinating with outdoor recreation stakeholders;
2650+2560 (ii) improving recreational opportunities; and
2651+2561 (iii) recruiting outdoor recreation business;
2652+2562 (c) promote all forms of outdoor recreation, including motorized and nonmotorized
2653+2563outdoor recreation;
2654+2564 (d) recommend to the governor and Legislature policies and initiatives to enhance
2655+2565recreational amenities and experiences in the state and help implement those policies and
2656+2566initiatives;
2657+2567 (e) in performing the division's duties, seek to ensure safe and adequate access to 4th Sub. (Green) H.B. 26 02-23-23 4:02 PM
23682658 - 84 -
2369-224380-2-502.]
2370-2244 [(57)] (47) Funds collected by the Office of Administrative Rules for publishing, as
2371-2245provided in Section 63G-3-402.
2372-2246 [(58)] (48) The Immigration Act Restricted Account created in Section 63G-12-103.
2373-2247 [(59)] (49) Money received by the military installation development authority, as
2374-2248provided in Section 63H-1-504.
2375-2249 [(60)] (50) The Computer Aided Dispatch Restricted Account created in Section
2376-225063H-7a-303.
2377-2251 [(61)] (51) The Unified Statewide 911 Emergency Service Account created in Section
2378-225263H-7a-304.
2379-2253 [(62)] (52) The Utah Statewide Radio System Restricted Account created in Section
2380-225463H-7a-403.
2381-2255 [(63)] (53) The Utah Capital Investment Restricted Account created in Section
2382-225663N-6-204.
2383-2257 [(64)] (54) The Motion Picture Incentive Account created in Section 63N-8-103.
2384-2258 [(65)] (55) Certain money payable for expenses of the Pete Suazo Utah Athletic
2385-2259Commission, as provided under Section 63N-10-301.
2386-2260 [(66)] (56) Funds collected by the housing of state probationary inmates or state parole
2387-2261inmates, as provided in Subsection 64-13e-104(2).
2388-2262 [(67)] (57) Certain forestry and fire control funds utilized by the Division of Forestry,
2389-2263Fire, and State Lands, as provided in Section 65A-8-103.
2390-2264 [(68)] (58) The Amusement Ride Safety Restricted Account, as provided in Section
2391-226572-16-204.
2392-2266 [(69)] (59) Certain funds received by the Office of the State Engineer for well drilling
2393-2267fines or bonds, as provided in Section 73-3-25.
2394-2268 [(70)] (60) The Water Resources Conservation and Development Fund, as provided in
2395-2269Section 73-23-2. Enrolled Copy H.B. 26
2659+2568outdoor recreation for all user groups and for all forms of recreation;
2660+2569 (f) develop data regarding the impacts of outdoor recreation in the state; and
2661+2570 (g) promote the health and social benefits of outdoor recreation, especially to young
2662+2571people.
2663+2572 (13) By following Title 63J, Chapter 5, Federal Funds Procedures Act, the division
2664+2573may:
2665+2574 (a) seek federal grants or loans;
2666+2575 (b) seek to participate in federal programs; and
2667+2576 (c) in accordance with applicable federal program guidelines, administer federally
2668+2577funded outdoor recreation programs.
2669+2578 [(14) The division shall receive and distribute voluntary contributions collected under
2670+2579Section 41-1a-422 in accordance with Section 79-7-303.]
2671+2580 Section 57. Section 79-7-303 is amended to read:
2672+2581 79-7-303. Zion National Park Support Programs Restricted Account.
2673+2582 (1) There is created within the General Fund the "Zion National Park Support
2674+2583Programs Restricted Account."
2675+2584 (2) The Zion National Park Support Programs Restricted Account shall be funded by:
2676+2585 [(a) contributions deposited into the Zion National Park Support Programs Restricted
2677+2586Account in accordance with Section 41-1a-422;]
2678+2587 [(b)] (a) private contributions; or
2679+2588 [(c)] (b) donations or grants from public or private entities.
2680+2589 (3) The Legislature shall appropriate money in the Zion National Park Support
2681+2590Programs Restricted Account to the division.
2682+2591 (4) The division may expend up to 10% of the money appropriated under Subsection
2683+2592(3) to administer account distributions in accordance with Subsections (5) and (6).
2684+2593 (5) The division shall distribute contributions to one or more organizations that:
2685+2594 (a) are exempt from federal income taxation under Section 501(c)(3), Internal Revenue
2686+2595Code;
2687+2596 (b) operate under a written agreement with the National Park Service to provide
2688+2597interpretive, educational, and research activities for the benefit of Zion National Park;
2689+2598 (c) produce and distribute educational and promotional materials on Zion National 02-23-23 4:02 PM 4th Sub. (Green) H.B. 26
23962690 - 85 -
2397-2270 [(71)] (61) Funds donated or paid to a juvenile court by private sources, as provided in
2398-2271Subsection 78A-6-203(1)(c).
2399-2272 [(72)] (62) Fees for certificate of admission created under Section 78A-9-102.
2400-2273 [(73)] (63) Funds collected for adoption document access as provided in Sections
2401-227478B-6-141, 78B-6-144, and 78B-6-144.5.
2402-2275 [(74)] (64) Funds collected for indigent defense as provided in Title 78B, Chapter 22,
2403-2276Part 4, Utah Indigent Defense Commission.
2404-2277 [(75)] (65) The Utah Geological Survey Oil, Gas, and Mining Restricted Account
2405-2278created in Section 79-3-403.
2406-2279 [(76)] (66) Revenue for golf user fees at the Wasatch Mountain State Park, Palisades
2407-2280State Park, and Green River State Park, as provided under Section 79-4-403.
2408-2281 [(77) Funds donated as described in Section 41-1a-422 for the State Park Fees
2409-2282Restricted Account created in Section 79-4-402 for support of the Division of State Parks' dark
2410-2283sky initiative.]
2411-2284 [(78)] (67) Certain funds received by the Division of State Parks from the sale or
2412-2285disposal of buffalo, as provided under Section 79-4-1001.
2413-2286 Section 52. Section 63J-1-602.2 is amended to read:
2414-2287 63J-1-602.2. List of nonlapsing appropriations to programs.
2415-2288 Appropriations made to the following programs are nonlapsing:
2416-2289 (1) The Legislature and the Legislature's committees.
2417-2290 (2) The State Board of Education, including all appropriations to agencies, line items,
2418-2291and programs under the jurisdiction of the State Board of Education, in accordance with
2419-2292Section 53F-9-103.
2420-2293 (3) The Percent-for-Art Program created in Section 9-6-404.
2421-2294 (4) The LeRay McAllister Critical Land Conservation Program created in Section
2422-22954-46- 301.
2423-2296 (5) The Utah Lake Authority created in Section 11-65-201. H.B. 26
2424-Enrolled Copy
2691+2599Park;
2692+2600 (d) conduct educational courses on the history and ecosystem of the greater Zion
2693+2601Canyon area; and
2694+2602 (e) provide other programs that enhance visitor appreciation and enjoyment of Zion
2695+2603National Park.
2696+2604 (6) (a) An organization described in Subsection (5) may apply to the division to receive
2697+2605a distribution in accordance with Subsection (5).
2698+2606 (b) An organization that receives a distribution from the division in accordance with
2699+2607Subsection (5) shall expend the distribution only to:
2700+2608 (i) produce and distribute educational and promotional materials on Zion National
2701+2609Park;
2702+2610 (ii) conduct educational courses on the history and ecosystem of the greater Zion
2703+2611Canyon area; and
2704+2612 (iii) provide other programs that enhance visitor appreciation and enjoyment of Zion
2705+2613National Park.
2706+2614 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
2707+2615after notifying the commission, the division may make rules providing procedures and
2708+2616requirements for an organization to apply to the division to receive a distribution under
2709+2617Subsection (5).
2710+2618 Section 58. Repealer.
2711+2619 This bill repeals:
2712+2620 Section 41-1a-421, Honor special group license plates -- Personal identity
2713+2621requirements.
2714+2622 Section 41-1a-422, Support special group license plates -- Contributor -- Voluntary
2715+2623contribution collection procedures.
2716+2624 Section 59. Effective date.
2717+2625 This bill takes effect on January 1, 2024.
2718+2626 Section 60. Coordinating H.B. 26 with H.B. 55 -- Substantive and technical
2719+2627amendments.
2720+2628 If this H.B. 26 and H.B. 55, Off-highway Vehicle Registration Amendments, both pass
2721+2629and become law, it is the intent of the Legislature that the Office of Legislative Research and 4th Sub. (Green) H.B. 26 02-23-23 4:02 PM
24252722 - 86 -
2426-2297 (6) Dedicated credits accrued to the Utah Marriage Commission as provided under
2427-2298Subsection 17-16-21(2)(d)(ii).
2428-2299 (7) The Division of Wildlife Resources for the appraisal and purchase of lands under
2429-2300the Pelican Management Act, as provided in Section 23-21a-6.
2430-2301 (8) The Emergency Medical Services Grant Program in Section 26-8a-207.
2431-2302 (9) The primary care grant program created in Section 26-10b-102.
2432-2303 (10) Sanctions collected as dedicated credits from Medicaid providers under
2433-2304Subsection 26-18-3(7).
2434-2305 (11) The Utah Health Care Workforce Financial Assistance Program created in Section
2435-230626-46-102.
2436-2307 (12) The Rural Physician Loan Repayment Program created in Section 26-46a-103.
2437-2308 (13) The Opiate Overdose Outreach Pilot Program created in Section 26-55-107.
2438-2309 (14) The Utah Medical Education Council for the:
2439-2310 (a) administration of the Utah Medical Education Program created in Section
2440-231126-69-403;
2441-2312 (b) provision of medical residency grants described in Section 26-69-407; and
2442-2313 (c) provision of the forensic psychiatric fellowship grant described in Section
2443-231426-69-408.
2444-2315 (15) Funds that the Department of Alcoholic Beverage Services retains in accordance
2445-2316with Subsection 32B-2-301(8)(a) or (b).
2446-2317 (16) The General Assistance program administered by the Department of Workforce
2447-2318Services, as provided in Section 35A-3-401.
2448-2319 (17) The Utah National Guard, created in [Title 39, Militia and Armories] Title 39A,
2449-2320National Guard and Militia Act.
2450-2321 [(18) The State Tax Commission under Section 41-1a-1201 for the:]
2451-2322 [(a) purchase and distribution of license plates and decals; and]
2452-2323 [(b) administration and enforcement of motor vehicle registration requirements.] Enrolled Copy H.B. 26
2453-- 87 -
2454-2324 [(19)] (18) The Search and Rescue Financial Assistance Program, as provided in
2455-2325Section 53-2a-1102.
2456-2326 [(20)] (19) The Motorcycle Rider Education Program, as provided in Section 53-3-905.
2457-2327 [(21)] (20) The Utah Board of Higher Education for teacher preparation programs, as
2458-2328provided in Section 53B-6-104.
2459-2329 [(22)] (21) Innovation grants under Section 53G-10-608, except as provided in
2460-2330Subsection 53G-10-608(6).
2461-2331 [(23)] (22) The Division of Services for People with Disabilities, as provided in
2462-2332Section 62A-5-102.
2463-2333 [(24)] (23) The Division of Fleet Operations for the purpose of upgrading underground
2464-2334storage tanks under Section 63A-9-401.
2465-2335 [(25)] (24) The Utah Seismic Safety Commission, as provided in Section 63C-6-104.
2466-2336 [(26)] (25) The Division of Technology Services for technology innovation as provided
2467-2337under Section 63A-16-903.
2468-2338 [(27)] (26) The Office of Administrative Rules for publishing, as provided in Section
2469-233963G-3-402.
2470-2340 [(28)] (27) The Colorado River Authority of Utah, created in Title 63M, Chapter 14,
2471-2341Colorado River Authority of Utah Act.
2472-2342 [(29)] (28) The Governor's Office of Economic Opportunity to fund the Enterprise
2473-2343Zone Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
2474-2344 [(30)] (29) The Governor's Office of Economic Opportunity's Rural Employment
2475-2345Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural Employment
2476-2346Expansion Program.
2477-2347 [(31)] (30) Programs for the Jordan River Recreation Area as described in Section
2478-234865A-2-8.
2479-2349 [(32)] (31) The Division of Human Resource Management user training program, as
2480-2350provided in Section 63A-17-106. H.B. 26
2481-Enrolled Copy
2482-- 88 -
2483-2351 [(33)] (32) A public safety answering point's emergency telecommunications service
2484-2352fund, as provided in Section 69-2-301.
2485-2353 [(34)] (33) The Traffic Noise Abatement Program created in Section 72-6-112.
2486-2354 [(35)] (34) The money appropriated from the Navajo Water Rights Negotiation
2487-2355Account to the Division of Water Rights, created in Section 73-2-1.1, for purposes of
2488-2356participating in a settlement of federal reserved water right claims.
2489-2357 [(36)] (35) The Judicial Council for compensation for special prosecutors, as provided
2490-2358in Section 77-10a-19.
2491-2359 [(37)] (36) A state rehabilitative employment program, as provided in Section
2492-236078A-6-210.
2493-2361 [(38)] (37) The Utah Geological Survey, as provided in Section 79-3-401.
2494-2362 [(39)] (38) The Bonneville Shoreline Trail Program created under Section 79-5-503.
2495-2363 [(40)] (39) Adoption document access as provided in Sections 78B-6-141, 78B-6-144,
2496-2364and 78B-6-144.5.
2497-2365 [(41)] (40) Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent
2498-2366Defense Commission.
2499-2367 [(42)] (41) The program established by the Division of Facilities Construction and
2500-2368Management under Section 63A-5b-703 under which state agencies receive an appropriation
2501-2369and pay lease payments for the use and occupancy of buildings owned by the Division of
2502-2370Facilities Construction and Management.
2503-2371 [(43)] (42) The State Tax Commission for reimbursing counties for deferred property
2504-2372taxes in accordance with Section 59-2-1802.
2505-2373 Section 53. Section 71-8-2 is amended to read:
2506-2374 71-8-2. Department of Veterans and Military Affairs created -- Appointment of
2507-2375executive director -- Department responsibilities.
2508-2376 (1) There is created the Department of Veterans and Military Affairs.
2509-2377 (2) The governor shall appoint an executive director for the department, after Enrolled Copy H.B. 26
2510-- 89 -
2511-2378consultation with the Veterans Advisory Council, who is subject to Senate confirmation.
2512-2379 (a) The executive director shall be an individual who:
2513-2380 (i) has served on active duty in the armed forces for more than 180 consecutive days;
2514-2381 (ii) was a member of a reserve component who served in a campaign or expedition for
2515-2382which a campaign medal has been authorized; or
2516-2383 (iii) incurred an actual service-related injury or disability in the line of duty, whether or
2517-2384not that person completed 180 consecutive days of active duty; and
2518-2385 (iv) was separated or retired under honorable conditions.
2519-2386 (b) Any veteran or veterans group may submit names to the council for consideration.
2520-2387 (3) The department shall:
2521-2388 (a) conduct and supervise all veteran activities as provided in this title;
2522-2389 [(b) determine which campaign or combat theater awards are eligible for a special
2523-2390group license plate in accordance with Section 41-1a-418;]
2524-2391 [(c) verify that an applicant for a campaign or combat theater award special group
2525-2392license plate is qualified to receive it;]
2526-2393 [(d) provide an applicant that qualifies a form indicating the campaign or combat
2527-2394theater award special group license plate for which the applicant qualifies;]
2528-2395 [(e)] (b) adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative
2529-2396Rulemaking Act, to carry out the provisions of this title; and
2530-2397 [(f)] (c) ensure that any training or certification required of a public official or public
2531-2398employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
2532-239922, State Training and Certification Requirements, if the training or certification is required:
2533-2400 (i) under this title;
2534-2401 (ii) by the department; or
2535-2402 (iii) by an agency or division within the department.
2536-2403 (4) (a) The department may award grants for the purpose of supporting veteran and
2537-2404military outreach, employment, education, healthcare, homelessness prevention, and H.B. 26
2538-Enrolled Copy
2539-- 90 -
2540-2405recognition events.
2541-2406 (b) The department may award a grant described in Subsection (4)(a) to:
2542-2407 (i) an institution of higher education listed in Section 53B-1-102;
2543-2408 (ii) a nonprofit organization involved in veterans or military-related activities; or
2544-2409 (iii) a political subdivision of the state.
2545-2410 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2546-2411department shall make rules for the administration of grants, including establishing:
2547-2412 (i) the form and process for submitting an application to the department;
2548-2413 (ii) the method and criteria for selecting a grant recipient;
2549-2414 (iii) the method and formula for determining a grant amount; and
2550-2415 (iv) the reporting requirements of a grant recipient.
2551-2416 (d) A grant may be awarded by the department only after consultation with the
2552-2417Veterans Advisory Council.
2553-2418 (5) Nothing in this chapter shall be construed as altering or preempting the provisions
2554-2419of [Title 39, Militia and Armories] Title 39A, National Guard and Militia Act, as specifically
2555-2420related to the Utah National Guard.
2556-2421 Section 54. Section 71-8-4 is amended to read:
2557-2422 71-8-4. Veterans Advisory Council -- Membership -- Duties and responsibilities --
2558-2423Per diem and travel expenses.
2559-2424 (1) There is created a Veterans Advisory Council whose purpose is to advise the
2560-2425executive director of the Department of Veterans and Military Affairs on issues relating to
2561-2426veterans.
2562-2427 (2) The council shall consist of the following 14 members:
2563-2428 (a) 11 voting members to serve four-year terms:
2564-2429 (i) seven veterans at large appointed by the governor;
2565-2430 (ii) the commander or the commander's designee, whose terms shall last for as long as
2566-2431they hold that office, from each of the following organizations: Enrolled Copy H.B. 26
2567-- 91 -
2568-2432 (A) Veterans of Foreign Wars;
2569-2433 (B) American Legion; and
2570-2434 (C) Disabled American Veterans; and
2571-2435 (iii) a representative from the Office of the Governor; and
2572-2436 (b) three nonvoting members:
2573-2437 (i) the executive director of the Department of Veterans and Military Affairs;
2574-2438 (ii) the director of the VA Health Care System or his designee; and
2575-2439 (iii) the director of the VA Benefits Administration Regional Office in Salt Lake City,
2576-2440or his designee.
2577-2441 (3) (a) Except as required by Subsection (3)(b), as terms of current council members
2578-2442expire, the governor shall appoint each new or reappointed member to a four-year term
2579-2443commencing on July 1.
2580-2444 (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
2581-2445time of appointment or reappointment, adjust the length of terms to ensure that the terms of
2582-2446council members are staggered so that approximately half of the members appointed by the
2583-2447governor are appointed every two years.
2584-2448 (4) When a vacancy occurs in the membership for any reason, the governor shall
2585-2449appoint a replacement for the unexpired term within 60 days of receiving notice.
2586-2450 (5) Members appointed by the governor may not serve more than three consecutive
2587-2451terms.
2588-2452 (6) (a) Any veterans group or veteran may provide the executive director with a list of
2589-2453recommendations for members on the council.
2590-2454 (b) The executive director shall provide the governor with the list of recommendations
2591-2455for members to be appointed to the council.
2592-2456 (c) The governor shall make final appointments to the council by June 30 of any year in
2593-2457which appointments are to be made under this chapter.
2594-2458 (7) The council shall elect a chair and vice chair from among the council members H.B. 26
2595-Enrolled Copy
2596-- 92 -
2597-2459every two years. The chair and vice chair shall each be an individual who:
2598-2460 (a) has served on active duty in the armed forces for more than 180 consecutive days;
2599-2461 (b) was a member of a reserve component who served in a campaign or expedition for
2600-2462which a campaign medal has been authorized; or
2601-2463 (c) incurred an actual service-related injury or disability in the line of duty, whether or
2602-2464not that person completed 180 consecutive days of active duty; and
2603-2465 (d) was separated or retired under honorable conditions.
2604-2466 (8) (a) The council shall meet at least once every quarter.
2605-2467 (b) The executive director of the Department of Veterans and Military Affairs may
2606-2468convene additional meetings, as necessary.
2607-2469 (9) The department shall provide staff to the council.
2608-2470 (10) Six voting members are a quorum for the transaction of business.
2609-2471 (11) The council shall:
2610-2472 (a) solicit input concerning veterans issues from veterans' groups throughout the state;
2611-2473 (b) report issues received to the executive director of the Department of Veterans and
2612-2474Military Affairs and make recommendations concerning them;
2613-2475 (c) keep abreast of federal developments that affect veterans locally and advise the
2614-2476executive director of them;
2615-2477 (d) approve, by a majority vote, the use of money generated from veterans license
2616-2478plates under Section [41-1a-422] 41-1a-1603 for veterans programs; and
2617-2479 (e) assist the director in developing guidelines and qualifications for:
2618-2480 (i) participation by donors and recipients in the Veterans Assistance Registry created in
2619-2481Section 71-12-101; and
2620-2482 (ii) developing a process for providing contact information between qualified donors
2621-2483and recipients.
2622-2484 (12) A member may not receive compensation or benefits for the member's service, but
2623-2485may receive per diem and travel expenses in accordance with: Enrolled Copy H.B. 26
2624-- 93 -
2625-2486 (a) Section 63A-3-106;
2626-2487 (b) Section 63A-3-107; and
2627-2488 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2628-248963A-3-107.
2629-2490 Section 55. Section 79-4-402 is amended to read:
2630-2491 79-4-402. State Park Fees Restricted Account.
2631-2492 (1) There is created within the General Fund a restricted account known as the State
2632-2493Park Fees Restricted Account.
2633-2494 (2) (a) Except as provided in Subsection (2)(b), the account shall consist of revenue
2634-2495from:
2635-2496 [(i) contributions deposited into the account in accordance with Section 41-1a-422;]
2636-2497 [(ii)] (i) all charges allowed under Section 79-4-203;
2637-2498 [(iii)] (ii) proceeds from the sale or disposal of buffalo under Subsection
2638-249979-4-1001(2)(b); and
2639-2500 [(iv)] (iii) civil damages collected under Section 76-6-206.2.
2640-2501 (b) The account shall not include revenue the division receives under Section 79-4-403
2641-2502and Subsection 79-4-1001(2)(a).
2642-2503 (3) The division shall use funds in this account for the purposes described in Section
2643-250479-4-203.
2644-2505 Section 56. Section 79-7-203 is amended to read:
2645-2506 79-7-203. Powers and duties of division.
2646-2507 (1) As used in this section, "real property" includes land under water, upland, and all
2647-2508other property commonly or legally defined as real property.
2648-2509 (2) The Division of Wildlife Resources shall retain the power and jurisdiction
2649-2510conferred upon the Division of Wildlife Resources by law on property controlled by the
2650-2511division with reference to fish and game.
2651-2512 (3) For purposes of property controlled by the division, the division shall permit H.B. 26
2652-Enrolled Copy
2653-- 94 -
2654-2513multiple uses of the property for purposes such as grazing, fishing, hunting, camping, mining,
2655-2514and the development and use of water and other natural resources.
2656-2515 (4) (a) The division may acquire real and personal property in the name of the state by
2657-2516legal and proper means, including purchase, gift, devise, eminent domain, lease, exchange, or
2658-2517otherwise, subject to the approval of the executive director and the governor.
2659-2518 (b) In acquiring real or personal property, the credit of the state may not be pledged
2660-2519without the consent of the Legislature.
2661-2520 (5) (a) Before acquiring any real property, the division shall notify the county
2662-2521legislative body of the county where the property is situated of the division's intention to
2663-2522acquire the property.
2664-2523 (b) If the county legislative body requests a hearing within 10 days of receipt of the
2665-2524notice, the division shall hold a public hearing in the county concerning the matter.
2666-2525 (6) Acceptance of gifts or devises of land or other property is at the discretion of the
2667-2526division, subject to the approval of the executive director and the governor.
2668-2527 (7) The division shall acquire property by eminent domain in the manner authorized by
2669-2528Title 78B, Chapter 6, Part 5, Eminent Domain.
2670-2529 (8) (a) The division may make charges for special services and use of facilities, the
2671-2530income from which is available for recreation purposes.
2672-2531 (b) The division may conduct and operate those services necessary for the comfort and
2673-2532convenience of the public.
2674-2533 (9) (a) The division may lease or rent concessions of lawful kinds and nature on
2675-2534property to persons, partnerships, and corporations for a valuable consideration after notifying
2676-2535the commission.
2677-2536 (b) The division shall comply with Title 63G, Chapter 6a, Utah Procurement Code, in
2678-2537selecting concessionaires.
2679-2538 (10) The division shall proceed without delay to negotiate with the federal government
2680-2539concerning the Weber Basin and other recreation and reclamation projects. Enrolled Copy H.B. 26
2681-- 95 -
2682-2540 (11) (a) The division shall coordinate with and annually report to the following
2683-2541regarding land acquisition and development and grants administered under this chapter or
2684-2542Chapter 8, Outdoor Recreation Grants:
2685-2543 (i) the Division of State Parks; and
2686-2544 (ii) the Office of Rural Development.
2687-2545 (b) The report required under Subsection (11)(a) shall be in writing, made public, and
2688-2546include a description and the amount of any grant awarded under this chapter or Chapter 8,
2689-2547Outdoor Recreation Grants.
2690-2548 (12) The division shall:
2691-2549 (a) coordinate outdoor recreation policy, management, and promotion:
2692-2550 (i) among state and federal agencies and local government entities in the state;
2693-2551 (ii) with the Public Lands Policy Coordinating Office created in Section 63L-11-201, if
2694-2552public land is involved; and
2695-2553 (iii) on at least a quarterly basis, with the executive director and the executive director
2696-2554of the Governor's Office of Economic Opportunity;
2697-2555 (b) in cooperation with the Governor's Office of Economic Opportunity, promote
2698-2556economic development in the state by:
2699-2557 (i) coordinating with outdoor recreation stakeholders;
2700-2558 (ii) improving recreational opportunities; and
2701-2559 (iii) recruiting outdoor recreation business;
2702-2560 (c) promote all forms of outdoor recreation, including motorized and nonmotorized
2703-2561outdoor recreation;
2704-2562 (d) recommend to the governor and Legislature policies and initiatives to enhance
2705-2563recreational amenities and experiences in the state and help implement those policies and
2706-2564initiatives;
2707-2565 (e) in performing the division's duties, seek to ensure safe and adequate access to
2708-2566outdoor recreation for all user groups and for all forms of recreation; H.B. 26
2709-Enrolled Copy
2710-- 96 -
2711-2567 (f) develop data regarding the impacts of outdoor recreation in the state; and
2712-2568 (g) promote the health and social benefits of outdoor recreation, especially to young
2713-2569people.
2714-2570 (13) By following Title 63J, Chapter 5, Federal Funds Procedures Act, the division
2715-2571may:
2716-2572 (a) seek federal grants or loans;
2717-2573 (b) seek to participate in federal programs; and
2718-2574 (c) in accordance with applicable federal program guidelines, administer federally
2719-2575funded outdoor recreation programs.
2720-2576 [(14) The division shall receive and distribute voluntary contributions collected under
2721-2577Section 41-1a-422 in accordance with Section 79-7-303.]
2722-2578 Section 57. Section 79-7-303 is amended to read:
2723-2579 79-7-303. Zion National Park Support Programs Restricted Account.
2724-2580 (1) There is created within the General Fund the "Zion National Park Support
2725-2581Programs Restricted Account."
2726-2582 (2) The Zion National Park Support Programs Restricted Account shall be funded by:
2727-2583 [(a) contributions deposited into the Zion National Park Support Programs Restricted
2728-2584Account in accordance with Section 41-1a-422;]
2729-2585 [(b)] (a) private contributions; or
2730-2586 [(c)] (b) donations or grants from public or private entities.
2731-2587 (3) The Legislature shall appropriate money in the Zion National Park Support
2732-2588Programs Restricted Account to the division.
2733-2589 (4) The division may expend up to 10% of the money appropriated under Subsection
2734-2590(3) to administer account distributions in accordance with Subsections (5) and (6).
2735-2591 (5) The division shall distribute contributions to one or more organizations that:
2736-2592 (a) are exempt from federal income taxation under Section 501(c)(3), Internal Revenue
2737-2593Code; Enrolled Copy H.B. 26
2738-- 97 -
2739-2594 (b) operate under a written agreement with the National Park Service to provide
2740-2595interpretive, educational, and research activities for the benefit of Zion National Park;
2741-2596 (c) produce and distribute educational and promotional materials on Zion National
2742-2597Park;
2743-2598 (d) conduct educational courses on the history and ecosystem of the greater Zion
2744-2599Canyon area; and
2745-2600 (e) provide other programs that enhance visitor appreciation and enjoyment of Zion
2746-2601National Park.
2747-2602 (6) (a) An organization described in Subsection (5) may apply to the division to receive
2748-2603a distribution in accordance with Subsection (5).
2749-2604 (b) An organization that receives a distribution from the division in accordance with
2750-2605Subsection (5) shall expend the distribution only to:
2751-2606 (i) produce and distribute educational and promotional materials on Zion National
2752-2607Park;
2753-2608 (ii) conduct educational courses on the history and ecosystem of the greater Zion
2754-2609Canyon area; and
2755-2610 (iii) provide other programs that enhance visitor appreciation and enjoyment of Zion
2756-2611National Park.
2757-2612 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
2758-2613after notifying the commission, the division may make rules providing procedures and
2759-2614requirements for an organization to apply to the division to receive a distribution under
2760-2615Subsection (5).
2761-2616 Section 58. Repealer.
2762-2617 This bill repeals:
2763-2618 Section 41-1a-421, Honor special group license plates -- Personal identity
2764-2619requirements.
2765-2620 Section 41-1a-422, Support special group license plates -- Contributor -- Voluntary H.B. 26
2766-Enrolled Copy
2767-- 98 -
2768-2621contribution collection procedures.
2769-2622 Section 59. Effective date.
2770-2623 This bill takes effect on January 1, 2024.
2771-2624 Section 60. Coordinating H.B. 26 with H.B. 55 -- Substantive and technical
2772-2625amendments.
2773-2626 If this H.B. 26 and H.B. 55, Off-highway Vehicle Registration Amendments, both pass
2774-2627and become law, it is the intent of the Legislature that the Office of Legislative Research and
2775-2628General Counsel shall prepare the Utah Code database for publication on January 1, 2024, by
2776-2629amending Subsection 41-22-19(5)(c) in H.B. 55 to read:
2777-2630 "(c) The Motor Vehicle Division shall deposit the fee described in Subsection (5)(a)
2778-2631into the License Plate Restricted Account created under Section 41-1a-122.".
2723+2630General Counsel shall prepare the Utah Code database for publication on January 1, 2024, by
2724+2631amending Subsection 41-22-19(5)(c) in H.B. 55 to read:
2725+2632 "(c) The Motor Vehicle Division shall deposit the fee described in Subsection (5)(a)
2726+2633into the License Plate Restricted Account created under Section 41-1a-122.".