Old | New | Differences | |
---|---|---|---|
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: | |
2 | 8 | 1 LICENSE PLATE AMENDMENTS | |
3 | 9 | 2 2023 GENERAL SESSION | |
4 | 10 | 3 STATE OF UTAH | |
5 | 11 | 4 Chief Sponsor: Norman K Thurston | |
6 | 12 | 5 Senate Sponsor: Jacob L. Anderegg | |
7 | 13 | 6 | |
8 | 14 | 7LONG TITLE | |
9 | 15 | 8General Description: | |
10 | 16 | 9 This bill modifies provisions related to standard issue license plates and special group | |
11 | 17 | 10license plates. | |
12 | 18 | 11Highlighted Provisions: | |
13 | 19 | 12 This bill: | |
14 | 20 | 13 <defines terms; | |
15 | 21 | 14 <amends provisions regarding standard license plates; | |
16 | 22 | 15 <creates the sponsored special group license plate program and changes the process | |
17 | 23 | 16to establish a new special group license plate; | |
18 | 24 | 17 <provides for continuation of special group license plates that were created by a | |
19 | 25 | 18legislative act; | |
20 | 26 | 19 <establishes eligibility criteria for different categories of sponsored special group | |
21 | 27 | 20license plates; | |
22 | 28 | 21 <allows a county to exempt a motor vehicle from an emissions inspection under | |
23 | 29 | 22certain circumstances; | |
24 | 30 | 23 <creates a restricted account to administer existing fees related to license plates and | |
25 | 31 | 24vehicle registration; | |
26 | 32 | 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 - | |
27 | 35 | 26issuance and administration; and | |
28 | 36 | 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: | |
32 | 38 | 29 None | |
33 | 39 | 30Other Special Clauses: | |
34 | 40 | 31 This bill provides a special effective date. | |
35 | 41 | 32 This bill provides a coordination clause. | |
36 | 42 | 33Utah Code Sections Affected: | |
37 | 43 | 34AMENDS: | |
38 | 44 | 35 9-8-207, as last amended by Laws of Utah 2018, Chapter 260 | |
39 | 45 | 36 26-18b-101, as last amended by Laws of Utah 2021, Chapter 378 | |
40 | 46 | 37 26-54-102, as last amended by Laws of Utah 2019, Chapter 405 | |
41 | 47 | 38 41-1a-102, as last amended by Laws of Utah 2022, Chapters 92, 180 | |
42 | 48 | 39 41-1a-222, as last amended by Laws of Utah 2017, Chapter 24 | |
43 | 49 | 40 41-1a-226, as last amended by Laws of Utah 2022, Chapter 259 | |
44 | 50 | 41 41-1a-401, as last amended by Laws of Utah 2022, Chapter 259 | |
45 | 51 | 42 41-1a-416, as last amended by Laws of Utah 2008, Chapter 382 | |
46 | 52 | 43 41-1a-419, as last amended by Laws of Utah 2018, Chapter 260 | |
47 | 53 | 44 41-1a-1201, as last amended by Laws of Utah 2022, Chapter 259 | |
48 | 54 | 45 41-1a-1204, as last amended by Laws of Utah 2012, Chapter 397 | |
49 | 55 | 46 41-1a-1206, as last amended by Laws of Utah 2022, Chapters 56, 259 | |
50 | 56 | 47 41-1a-1211, as last amended by Laws of Utah 2015, Chapter 119 | |
51 | 57 | 48 41-1a-1212, as last amended by Laws of Utah 2014, Chapters 61, 237 and 237 | |
52 | 58 | 49 41-1a-1218, as last amended by Laws of Utah 2012, Chapter 397 | |
53 | 59 | 50 41-1a-1222, as last amended by Laws of Utah 2021, Chapter 420 | |
54 | 60 | 51 41-1a-1305, as last amended by Laws of Utah 2020, Chapter 74 | |
55 | 61 | 52 41-6a-1642, as last amended by Laws of Utah 2022, Chapters 160, 259 | |
56 | 62 | 53 53-8-214, as enacted by Laws of Utah 2017, Chapter 406 | |
57 | 63 | 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 | |
59 | 66 | - 3 - | |
60 | - | 56 63G-26-103, as enacted by Laws of Utah 2020, Chapter 393 | |
61 | 67 | 57 63I-1-241, as last amended by Laws of Utah 2022, Chapters 68, 92, 104, and 110 | |
62 | 68 | 58 63I-1-263, as last amended by Laws of Utah 2022, Chapters 23, 34, 68, 153, 218, 236, | |
63 | 69 | 59249, 274, 296, 313, 361, 362, 417, 419, and 472 | |
64 | 70 | 60 63I-2-204, as last amended by Laws of Utah 2022, Chapters 67, 68 | |
65 | 71 | 61 63I-2-209, as last amended by Laws of Utah 2021, Chapter 380 | |
66 | 72 | 62 63I-2-213, as last amended by Laws of Utah 2022, Chapter 400 | |
67 | 73 | 63 63I-2-219, as last amended by Laws of Utah 2022, Chapter 95 | |
68 | 74 | 64 63I-2-223, as last amended by Laws of Utah 2012, Chapter 369 | |
69 | 75 | 65 63I-2-226, as last amended by Laws of Utah 2022, Chapters 255, 365 | |
70 | 76 | 66 63I-2-253, as last amended by Laws of Utah 2022, Chapters 208, 229, 274, 354, 370, | |
71 | 77 | 67and 409 | |
72 | 78 | 68 63I-2-261, as last amended by Laws of Utah 2013, Chapter 278 | |
73 | 79 | 69 63I-2-263, as last amended by Laws of Utah 2022, Chapters 63, 209, 240, 242, 264, | |
74 | 80 | 70354, and 435 | |
75 | 81 | 71 63I-2-272, as last amended by Laws of Utah 2022, Chapters 56, 83 and 259 | |
76 | 82 | 72 63I-2-278, as last amended by Laws of Utah 2022, Chapter 470 | |
77 | 83 | 73 63I-2-279, as last amended by Laws of Utah 2022, Chapter 68 | |
78 | 84 | 74 63J-1-602.1, as last amended by Laws of Utah 2022, Chapters 48, 191, 255, 335, 415, | |
79 | 85 | 75and 451 | |
80 | 86 | 76 63J-1-602.2, as last amended by Laws of Utah 2022, Chapters 59, 68, 154, 224, 236, | |
81 | 87 | 77242, and 447 and last amended by Coordination Clause, Laws of Utah 2022, | |
82 | 88 | 78Chapter 154 | |
83 | 89 | 79 71-8-2, as last amended by Laws of Utah 2020, Chapter 409 | |
84 | 90 | 80 71-8-4, as last amended by Laws of Utah 2018, Chapter 39 | |
85 | 91 | 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 | |
89 | 93 | 83 79-7-303, as renumbered and amended by Laws of Utah 2022, Chapter 68 | |
90 | 94 | 84ENACTS: | |
91 | 95 | 85 41-1a-122, Utah Code Annotated 1953 | |
92 | 96 | 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 - | |
94 | 99 | 88 41-1a-1603, Utah Code Annotated 1953 | |
95 | 100 | 89 41-1a-1604, Utah Code Annotated 1953 | |
96 | 101 | 90 41-1a-1605, Utah Code Annotated 1953 | |
97 | 102 | 91 41-1a-1606, Utah Code Annotated 1953 | |
98 | 103 | 92 41-1a-1607, Utah Code Annotated 1953 | |
99 | 104 | 93 41-1a-1608, Utah Code Annotated 1953 | |
100 | 105 | 94 41-1a-1609, Utah Code Annotated 1953 | |
101 | 106 | 95 41-1a-1610, Utah Code Annotated 1953 | |
102 | 107 | 96 63I-2-280, Utah Code Annotated 1953 | |
103 | 108 | 97REPEALS AND REENACTS: | |
104 | 109 | 98 41-1a-402, as last amended by Laws of Utah 2018, Chapters 20, 262 | |
105 | 110 | 99 41-1a-418, as last amended by Laws of Utah 2022, Chapters 19, 48, 68, and 451 | |
106 | 111 | 100REPEALS: | |
107 | 112 | 101 41-1a-421, as last amended by Laws of Utah 2018, Chapter 39 | |
108 | 113 | 102 41-1a-422, as last amended by Laws of Utah 2022, Chapters 19, 48, 68, 255, 259, 335, | |
109 | 114 | 103451, and 456 | |
110 | 115 | 104Utah Code Sections Affected by Coordination Clause: | |
111 | 116 | 105 41-22-19, as last amended by Laws of Utah 2022, Chapters 68 and 143 | |
112 | 117 | 106 | |
113 | 118 | 107Be it enacted by the Legislature of the state of Utah: | |
114 | 119 | 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. | |
117 | 121 | 110 (1) (a) There is created the Utah State Historical Society. | |
118 | 122 | 111 (b) The society may: | |
119 | 123 | 112 (i) solicit memberships from persons interested in the work of the society and charge | |
120 | 124 | 113dues for memberships commensurate with the advantages of membership and the needs of the | |
121 | 125 | 114society; and | |
122 | 126 | 115 (ii) receive gifts, donations, bequests, devises, and endowments of money or property, | |
123 | 127 | 116which shall then become the property of the state of Utah. | |
124 | 128 | 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 - | |
126 | 131 | 119Otherwise, all donated money and the proceeds from donated property, together with the | |
127 | 132 | 120charges realized from society memberships, shall be deposited in the General Fund as restricted | |
128 | 133 | 121revenue of the society. | |
129 | 134 | 122 [(b) Funds received from donations to the society under Section 41-1a-422 shall be | |
130 | 135 | 123deposited into the General Fund as a dedicated credit to achieve the mission and purpose of the | |
131 | 136 | 124society.] | |
132 | 137 | 125 (3) The division shall keep a correct account of funds and property received, held, or | |
133 | 138 | 126disbursed by the society, and shall make reports to the governor as in the case of other state | |
134 | 139 | 127institutions. | |
135 | 140 | 128 Section 2. Section 26-18b-101 is amended to read: | |
136 | 141 | 129 26-18b-101. Allyson Gamble Organ Donation Contribution Fund created. | |
137 | 142 | 130 (1) (a) There is created an expendable special revenue fund known as the Allyson | |
138 | 143 | 131Gamble Organ Donation Contribution Fund. | |
139 | 144 | 132 (b) The Allyson Gamble Organ Donation Contribution Fund shall consist of: | |
140 | 145 | 133 (i) private contributions; | |
141 | 146 | 134 (ii) donations or grants from public or private entities; | |
142 | 147 | 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; | |
146 | 149 | 137and] | |
147 | 150 | 138 [(v)] (iv) interest and earnings on fund money. | |
148 | 151 | 139 (c) The cost of administering the Allyson Gamble Organ Donation Contribution Fund | |
149 | 152 | 140shall be paid from money in the fund. | |
150 | 153 | 141 (2) The Department of Health shall: | |
151 | 154 | 142 (a) administer the funds deposited in the Allyson Gamble Organ Donation Contribution | |
152 | 155 | 143Fund; and | |
153 | 156 | 144 (b) select qualified organizations and distribute the funds in the Allyson Gamble Organ | |
154 | 157 | 145Donation Contribution Fund in accordance with Subsection (3). | |
155 | 158 | 146 (3) (a) The funds in the Allyson Gamble Organ Donation Contribution Fund may be | |
156 | 159 | 147distributed to a selected organization that: | |
157 | 160 | 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 - | |
159 | 163 | 150 (iii) provides donor awareness education. | |
160 | 164 | 151 (b) An organization that meets the criteria of Subsections (3)(a)(i) through (iii) may | |
161 | 165 | 152apply to the Department of Health, in a manner prescribed by the department, to receive a | |
162 | 166 | 153portion of the money contained in the Allyson Gamble Organ Donation Contribution Fund. | |
163 | 167 | 154 (4) The Department of Health may expend funds in the account to pay the costs of | |
164 | 168 | 155administering the fund and issuing or reordering the Donate Life support special group license | |
165 | 169 | 156plate and decals. | |
166 | 170 | 157 Section 3. Section 26-54-102 is amended to read: | |
167 | 171 | 158 26-54-102. Spinal Cord and Brain Injury Rehabilitation Fund -- Creation -- | |
168 | 172 | 159Administration -- Uses. | |
169 | 173 | 160 (1) As used in this section, a "qualified IRC 501(c)(3) charitable clinic" means a | |
170 | 174 | 161professional medical clinic that: | |
171 | 175 | 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 | |
174 | 177 | 164nondeteriorating; and | |
175 | 178 | 165 (ii) who require post-acute care; | |
176 | 179 | 166 (b) employs licensed therapy clinicians; | |
177 | 180 | 167 (c) has at least five years experience operating a post-acute care rehabilitation clinic in | |
178 | 181 | 168the state; and | |
179 | 182 | 169 (d) has obtained tax-exempt status under Internal Revenue Code, 26 U.S.C. Sec. | |
180 | 183 | 170501(c)(3). | |
181 | 184 | 171 (2) There is created an expendable special revenue fund known as the "Spinal Cord and | |
182 | 185 | 172Brain Injury Rehabilitation Fund." | |
183 | 186 | 173 (3) The fund shall consist of: | |
184 | 187 | 174 (a) gifts, grants, donations, or any other conveyance of money that may be made to the | |
185 | 188 | 175fund from private sources; | |
186 | 189 | 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 | |
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 | |
189 | 192 | 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 - | |
191 | 195 | 181consultation with the advisory committee created in Section 26-54-103. | |
192 | 196 | 182 (5) Fund money shall be used to: | |
193 | 197 | 183 (a) assist one or more qualified IRC 501(c)(3) charitable clinics to provide | |
194 | 198 | 184rehabilitation services to individuals who have a traumatic spinal cord or brain injury that tends | |
195 | 199 | 185to be nonprogressive or nondeteriorating, including: | |
196 | 200 | 186 (i) physical, occupational, and speech therapy; and | |
197 | 201 | 187 (ii) equipment for use in the qualified charitable clinic; and | |
198 | 202 | 188 (b) pay for operating expenses of the advisory committee created by Section | |
199 | 203 | 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: | |
203 | 205 | 191 41-1a-102. Definitions. | |
204 | 206 | 192 As used in this chapter: | |
205 | 207 | 193 (1) "Actual miles" means the actual distance a vehicle has traveled while in operation. | |
206 | 208 | 194 (2) "Actual weight" means the actual unladen weight of a vehicle or combination of | |
207 | 209 | 195vehicles as operated and certified to by a weighmaster. | |
208 | 210 | 196 (3) "All-terrain type I vehicle" means the same as that term is defined in Section | |
209 | 211 | 19741-22-2. | |
210 | 212 | 198 (4) "All-terrain type II vehicle" means the same as that term is defined in Section | |
211 | 213 | 19941-22-2. | |
212 | 214 | 200 (5) "All-terrain type III vehicle" means the same as that term is defined in Section | |
213 | 215 | 20141-22-2. | |
214 | 216 | 202 (6) "Alternative fuel vehicle" means: | |
215 | 217 | 203 (a) an electric motor vehicle; | |
216 | 218 | 204 (b) a hybrid electric motor vehicle; | |
217 | 219 | 205 (c) a plug-in hybrid electric motor vehicle; or | |
218 | 220 | 206 (d) a motor vehicle powered exclusively by a fuel other than: | |
219 | 221 | 207 (i) motor fuel; | |
220 | 222 | 208 (ii) diesel fuel; | |
221 | 223 | 209 (iii) natural gas; or | |
222 | 224 | 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 - | |
224 | 227 | 212Commission to engage in private and experimental two-way radio operation on the amateur | |
225 | 228 | 213band radio frequencies. | |
226 | 229 | 214 (8) "Autocycle" means the same as that term is defined in Section 53-3-102. | |
227 | 230 | 215 (9) "Automated driving system" means the same as that term is defined in Section | |
228 | 231 | 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: | |
231 | 233 | 218 (a) rebuilt and restored to operation; | |
232 | 234 | 219 (b) flooded and restored to operation; or | |
233 | 235 | 220 (c) not restored to operation. | |
234 | 236 | 221 (11) "Camper" means a structure designed, used, and maintained primarily to be | |
235 | 237 | 222mounted on or affixed to a motor vehicle that contains a floor and is designed to provide a | |
236 | 238 | 223mobile dwelling, sleeping place, commercial space, or facilities for human habitation or for | |
237 | 239 | 224camping. | |
238 | 240 | 225 (12) "Certificate of title" means a document issued by a jurisdiction to establish a | |
239 | 241 | 226record of ownership between an identified owner and the described vehicle, vessel, or outboard | |
240 | 242 | 227motor. | |
241 | 243 | 228 (13) "Certified scale weigh ticket" means a weigh ticket that has been issued by a | |
242 | 244 | 229weighmaster. | |
243 | 245 | 230 (14) "Commercial vehicle" means a motor vehicle, trailer, or semitrailer used or | |
244 | 246 | 231maintained for the transportation of persons or property that operates: | |
245 | 247 | 232 (a) as a carrier for hire, compensation, or profit; or | |
246 | 248 | 233 (b) as a carrier to transport the vehicle owner's goods or property in furtherance of the | |
247 | 249 | 234owner's commercial enterprise. | |
248 | 250 | 235 (15) "Commission" means the State Tax Commission. | |
249 | 251 | 236 (16) "Consumer price index" means the same as that term is defined in Section | |
250 | 252 | 23759-13-102. | |
251 | 253 | 238 (17) "Dealer" means a person engaged or licensed to engage in the business of buying, | |
252 | 254 | 239selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on | |
253 | 255 | 240conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established | |
254 | 256 | 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 - | |
256 | 259 | 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. | |
260 | 261 | 245 (20) "Dynamic driving task" means the same as that term is defined in Section | |
261 | 262 | 24641-26-102.1. | |
262 | 263 | 247 (21) "Electric motor vehicle" means a motor vehicle that is powered solely by an | |
263 | 264 | 248electric motor drawing current from a rechargeable energy storage system. | |
264 | 265 | 249 (22) "Essential parts" means the integral and body parts of a vehicle of a type required | |
265 | 266 | 250to be registered in this state, the removal, alteration, or substitution of which would tend to | |
266 | 267 | 251conceal the identity of the vehicle or substantially alter the vehicle's appearance, model, type, | |
267 | 268 | 252or mode of operation. | |
268 | 269 | 253 (23) "Farm tractor" means a motor vehicle designed and used primarily as a farm | |
269 | 270 | 254implement for drawing plows, mowing machines, and other implements of husbandry. | |
270 | 271 | 255 (24) (a) "Farm truck" means a truck used by the owner or operator of a farm solely for | |
271 | 272 | 256the owner's or operator's own use in the transportation of: | |
272 | 273 | 257 (i) farm products, including livestock and its products, poultry and its products, | |
273 | 274 | 258floricultural and horticultural products; | |
274 | 275 | 259 (ii) farm supplies, including tile, fence, and any other thing or commodity used in | |
275 | 276 | 260agricultural, floricultural, horticultural, livestock, and poultry production; and | |
276 | 277 | 261 (iii) livestock, poultry, and other animals and things used for breeding, feeding, or | |
277 | 278 | 262other purposes connected with the operation of a farm. | |
278 | 279 | 263 (b) "Farm truck" does not include the operation of trucks by commercial processors of | |
279 | 280 | 264agricultural products. | |
280 | 281 | 265 (25) "Fleet" means one or more commercial vehicles. | |
281 | 282 | 266 (26) "Foreign vehicle" means a vehicle of a type required to be registered, brought into | |
282 | 283 | 267this state from another state, territory, or country other than in the ordinary course of business | |
283 | 284 | 268by or through a manufacturer or dealer, and not registered in this state. | |
284 | 285 | 269 (27) "Gross laden weight" means the actual weight of a vehicle or combination of | |
285 | 286 | 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 | |
288 | 288 | 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 - | |
290 | 291 | 274 (29) "Hybrid electric motor vehicle" means a motor vehicle that draws propulsion | |
291 | 292 | 275energy from onboard sources of stored energy that are both: | |
292 | 293 | 276 (a) an internal combustion engine or heat engine using consumable fuel; and | |
293 | 294 | 277 (b) a rechargeable energy storage system where energy for the storage system comes | |
294 | 295 | 278solely from sources onboard the vehicle. | |
295 | 296 | 279 (30) (a) "Identification number" means the identifying number assigned by the | |
296 | 297 | 280manufacturer or by the division for the purpose of identifying the vehicle, vessel, or outboard | |
297 | 298 | 281motor. | |
298 | 299 | 282 (b) "Identification number" includes a vehicle identification number, state assigned | |
299 | 300 | 283identification number, hull identification number, and motor serial number. | |
300 | 301 | 284 (31) "Implement of husbandry" means a vehicle designed or adapted and used | |
301 | 302 | 285exclusively for an agricultural operation and only incidentally operated or moved upon the | |
302 | 303 | 286highways. | |
303 | 304 | 287 (32) (a) "In-state miles" means the total number of miles operated in this state during | |
304 | 305 | 288the preceding year by fleet power units. | |
305 | 306 | 289 (b) If a fleet is composed entirely of trailers or semitrailers, "in-state miles" means the | |
306 | 307 | 290total number of miles that those vehicles were towed on Utah highways during the preceding | |
307 | 308 | 291year. | |
308 | 309 | 292 (33) "Interstate vehicle" means a commercial vehicle operated in more than one state, | |
309 | 310 | 293province, territory, or possession of the United States or foreign country. | |
310 | 311 | 294 (34) "Jurisdiction" means a state, district, province, political subdivision, territory, or | |
311 | 312 | 295possession of the United States or any foreign country. | |
312 | 313 | 296 (35) "Lienholder" means a person with a security interest in particular property. | |
313 | 314 | 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 | |
317 | 316 | 299Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight body | |
318 | 317 | 300feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more | |
319 | 318 | 301square feet, and which is built on a permanent chassis and designed to be used as a dwelling | |
320 | 319 | 302with or without a permanent foundation when connected to the required utilities, and includes | |
321 | 320 | 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 - | |
323 | 323 | 305manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or | |
324 | 324 | 306outboard motors for the purpose of sale or trade. | |
325 | 325 | 307 (38) "Military vehicle" means a vehicle of any size or weight that was manufactured | |
326 | 326 | 308for use by armed forces and that is maintained in a condition that represents the vehicle's | |
327 | 327 | 309military design and markings regardless of current ownership or use. | |
328 | 328 | 310 (39) "Mobile home" means a transportable factory built housing unit built prior to June | |
329 | 329 | 31115, 1976, in accordance with a state mobile home code which existed prior to the Federal | |
330 | 330 | 312Manufactured Housing and Safety Standards Act (HUD Code). | |
331 | 331 | 313 (40) "Motor fuel" means the same as that term is defined in Section 59-13-102. | |
332 | 332 | 314 (41) (a) "Motor vehicle" means a self-propelled vehicle intended primarily for use and | |
333 | 333 | 315operation on the highways. | |
334 | 334 | 316 (b) "Motor vehicle" does not include: | |
335 | 335 | 317 (i) an off-highway vehicle; or | |
336 | 336 | 318 (ii) a motor assisted scooter as defined in Section 41-6a-102. | |
337 | 337 | 319 (42) "Motorboat" means the same as that term is defined in Section 73-18-2. | |
338 | 338 | 320 (43) "Motorcycle" means: | |
339 | 339 | 321 (a) a motor vehicle having a saddle for the use of the rider and designed to travel on not | |
340 | 340 | 322more than three wheels in contact with the ground; or | |
341 | 341 | 323 (b) an autocycle. | |
342 | 342 | 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 | |
345 | 344 | 326Section 41-1a-202, and who does not engage in intrastate business within this state and does | |
346 | 345 | 327not operate in that business any motor vehicle, trailer, or semitrailer within this state. | |
347 | 346 | 328 (b) A person who engages in intrastate business within this state and operates in that | |
348 | 347 | 329business any motor vehicle, trailer, or semitrailer in this state or who, even though engaging in | |
349 | 348 | 330interstate commerce, maintains a vehicle in this state as the home station of that vehicle is | |
350 | 349 | 331considered a resident of this state, insofar as that vehicle is concerned in administering this | |
351 | 350 | 332chapter. | |
352 | 351 | 333 (46) "Odometer" means a device for measuring and recording the actual distance a | |
353 | 352 | 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 - | |
355 | 355 | 336 (47) "Off-highway implement of husbandry" means the same as that term is defined in | |
356 | 356 | 337Section 41-22-2. | |
357 | 357 | 338 (48) "Off-highway vehicle" means the same as that term is defined in Section 41-22-2. | |
358 | 358 | 339 (49) (a) "Operate" means: | |
359 | 359 | 340 (i) to navigate a vessel; or | |
360 | 360 | 341 (ii) collectively, the activities performed in order to perform the entire dynamic driving | |
361 | 361 | 342task for a given motor vehicle by: | |
362 | 362 | 343 (A) a human driver as defined in Section 41-26-102.1; or | |
363 | 363 | 344 (B) an engaged automated driving system. | |
364 | 364 | 345 (b) "Operate" includes testing of an automated driving system. | |
365 | 365 | 346 (50) "Original issue license plate" means a license plate that is of a format and type | |
366 | 366 | 347issued by the state in the same year as the model year of a vehicle that is a model year 1973 or | |
367 | 367 | 348older. | |
368 | 368 | 349 [(50)] (51) "Outboard motor" means a detachable self-contained propulsion unit, | |
369 | 369 | 350excluding fuel supply, used to propel a vessel. | |
370 | 370 | 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 | |
374 | 372 | 353subject to a security interest. | |
375 | 373 | 354 (b) If a vehicle is the subject of an agreement for the conditional sale or installment | |
376 | 374 | 355sale or mortgage of the vehicle with the right of purchase upon performance of the conditions | |
377 | 375 | 356stated in the agreement and with an immediate right of possession vested in the conditional | |
378 | 376 | 357vendee or mortgagor, or if the vehicle is the subject of a security agreement, then the | |
379 | 377 | 358conditional vendee, mortgagor, or debtor is considered the owner for the purposes of this | |
380 | 378 | 359chapter. | |
381 | 379 | 360 (c) If a vehicle is the subject of an agreement to lease, the lessor is considered the | |
382 | 380 | 361owner until the lessee exercises the lessee's option to purchase the vehicle. | |
383 | 381 | 362 [(52)] (53) "Park model recreational vehicle" means a unit that: | |
384 | 382 | 363 (a) is designed and marketed as temporary living quarters for recreational, camping, | |
385 | 383 | 364travel, or seasonal use; | |
386 | 384 | 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 - | |
388 | 387 | 367 (d) is built on a single chassis mounted on wheels with a gross trailer area not | |
389 | 388 | 368exceeding 400 square feet in the setup mode. | |
390 | 389 | 369 [(53)] (54) "Personalized license plate" means a license plate that has displayed on it a | |
391 | 390 | 370combination of letters, numbers, or both as requested by the owner of the vehicle and assigned | |
392 | 391 | 371to the vehicle by the division. | |
393 | 392 | 372 [(54)] (55) (a) "Pickup truck" means a two-axle motor vehicle with motive power | |
394 | 393 | 373manufactured, remanufactured, or materially altered to provide an open cargo area. | |
395 | 394 | 374 (b) "Pickup truck" includes a motor vehicle with the open cargo area covered with a | |
396 | 395 | 375camper, camper shell, tarp, removable top, or similar structure. | |
397 | 396 | 376 [(55)] (56) "Plug-in hybrid electric motor vehicle" means a hybrid electric motor | |
398 | 397 | 377vehicle that has the capability to charge the battery or batteries used for vehicle propulsion | |
399 | 398 | 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. | |
402 | 400 | 380 [(56)] (57) "Pneumatic tire" means a tire in which compressed air is designed to | |
403 | 401 | 381support the load. | |
404 | 402 | 382 [(57)] (58) "Preceding year" means a period of 12 consecutive months fixed by the | |
405 | 403 | 383division that is within 16 months immediately preceding the commencement of the registration | |
406 | 404 | 384or license year in which proportional registration is sought. The division in fixing the period | |
407 | 405 | 385shall conform it to the terms, conditions, and requirements of any applicable agreement or | |
408 | 406 | 386arrangement for the proportional registration of vehicles. | |
409 | 407 | 387 [(58)] (59) "Public garage" means a building or other place where vehicles or vessels | |
410 | 408 | 388are kept and stored and where a charge is made for the storage and keeping of vehicles and | |
411 | 409 | 389vessels. | |
412 | 410 | 390 [(59)] (60) "Receipt of surrender of ownership documents" means the receipt of | |
413 | 411 | 391surrender of ownership documents described in Section 41-1a-503. | |
414 | 412 | 392 [(60)] (61) "Reconstructed vehicle" means a vehicle of a type required to be registered | |
415 | 413 | 393in this state that is materially altered from its original construction by the removal, addition, or | |
416 | 414 | 394substitution of essential parts, new or used. | |
417 | 415 | 395 [(61)] (62) "Recreational vehicle" means the same as that term is defined in Section | |
418 | 416 | 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 - | |
420 | 419 | 398operation of a vehicle or vessel on the highways or waters of this state for the time period for | |
421 | 420 | 399which the registration is valid and that is evidence of compliance with the registration | |
422 | 421 | 400requirements of the jurisdiction. | |
423 | 422 | 401 (64) "Registration decal" means the decal issued by the division that is evidence of | |
424 | 423 | 402compliance with the division's registration requirements. | |
425 | 424 | 403 [(63)] (65) (a) "Registration year" means a 12 consecutive month period commencing | |
426 | 425 | 404with the completion of the applicable registration criteria. | |
427 | 426 | 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. | |
431 | 428 | 407 [(64)] (66) "Repair or replacement" means the restoration of vehicles, vessels, or | |
432 | 429 | 408outboard motors to a sound working condition by substituting any inoperative part of the | |
433 | 430 | 409vehicle, vessel, or outboard motor, or by correcting the inoperative part. | |
434 | 431 | 410 [(65)] (67) "Replica vehicle" means: | |
435 | 432 | 411 (a) a street rod that meets the requirements under Subsection 41-21-1(3)(a)(i)(B); or | |
436 | 433 | 412 (b) a custom vehicle that meets the requirements under Subsection | |
437 | 434 | 41341-6a-1507(1)(a)(i)(B). | |
438 | 435 | 414 [(66)] (68) "Road tractor" means a motor vehicle designed and used for drawing other | |
439 | 436 | 415vehicles and constructed so it does not carry any load either independently or any part of the | |
440 | 437 | 416weight of a vehicle or load that is drawn. | |
441 | 438 | 417 [(67)] (69) "Sailboat" means the same as that term is defined in Section 73-18-2. | |
442 | 439 | 418 [(68)] (70) "Security interest" means an interest that is reserved or created by a security | |
443 | 440 | 419agreement to secure the payment or performance of an obligation and that is valid against third | |
444 | 441 | 420parties. | |
445 | 442 | 421 [(69)] (71) "Semitrailer" means a vehicle without motive power designed for carrying | |
446 | 443 | 422persons or property and for being drawn by a motor vehicle and constructed so that some part | |
447 | 444 | 423of its weight and its load rests or is carried by another vehicle. | |
448 | 445 | 424 [(70)] (72) "Special group license plate" means a type of license plate designed for a | |
449 | 446 | 425particular group of people or a license plate authorized and issued by the division in accordance | |
450 | 447 | 426with Section 41-1a-418 or Part 16, Sponsored Special Group License Plates. | |
451 | 448 | 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 - | |
453 | 451 | 429 (i) 20 years or older from the current year; or | |
454 | 452 | 430 (ii) a make or model of motor vehicle recognized by the division director as having | |
455 | 453 | 431unique interest or historic value. | |
456 | 454 | 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: | |
459 | 456 | 434 (i) a make of motor vehicle that is no longer manufactured; | |
460 | 457 | 435 (ii) a make or model of motor vehicle produced in limited or token quantities; | |
461 | 458 | 436 (iii) a make or model of motor vehicle produced as an experimental vehicle or one | |
462 | 459 | 437designed exclusively for educational purposes or museum display; or | |
463 | 460 | 438 (iv) a motor vehicle of any age or make that has not been substantially altered or | |
464 | 461 | 439modified from original specifications of the manufacturer and because of its significance is | |
465 | 462 | 440being collected, preserved, restored, maintained, or operated by a collector or hobbyist as a | |
466 | 463 | 441leisure pursuit. | |
467 | 464 | 442 [(72)] (74) (a) "Special mobile equipment" means a vehicle: | |
468 | 465 | 443 (i) not designed or used primarily for the transportation of persons or property; | |
469 | 466 | 444 (ii) not designed to operate in traffic; and | |
470 | 467 | 445 (iii) only incidentally operated or moved over the highways. | |
471 | 468 | 446 (b) "Special mobile equipment" includes: | |
472 | 469 | 447 (i) farm tractors; | |
473 | 470 | 448 (ii) off-road motorized construction or maintenance equipment including backhoes, | |
474 | 471 | 449bulldozers, compactors, graders, loaders, road rollers, tractors, and trenchers; and | |
475 | 472 | 450 (iii) ditch-digging apparatus. | |
476 | 473 | 451 (c) "Special mobile equipment" does not include a commercial vehicle as defined | |
477 | 474 | 452under Section 72-9-102. | |
478 | 475 | 453 [(73)] (75) "Specially constructed vehicle" means a vehicle of a type required to be | |
479 | 476 | 454registered in this state, not originally constructed under a distinctive name, make, model, or | |
480 | 477 | 455type by a generally recognized manufacturer of vehicles, and not materially altered from its | |
481 | 478 | 456original construction. | |
482 | 479 | 457 (76) (a) "Standard license plate" means a license plate for general issue described in | |
483 | 480 | 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. | |
488 | 484 | 461 [(74)] (77) "State impound yard" means a yard for the storage of a vehicle, vessel, or | |
489 | 485 | 462outboard motor that meets the requirements of rules made by the commission pursuant to | |
490 | 486 | 463Subsection 41-1a-1101(5). | |
491 | 487 | 464 (78) "Symbol decal" means the decal that is designed to represent a special group and | |
492 | 488 | 465displayed on a special group license plate. | |
493 | 489 | 466 [(75)] (79) "Title" means the right to or ownership of a vehicle, vessel, or outboard | |
494 | 490 | 467motor. | |
495 | 491 | 468 [(76)] (80) (a) "Total fleet miles" means the total number of miles operated in all | |
496 | 492 | 469jurisdictions during the preceding year by power units. | |
497 | 493 | 470 (b) If fleets are composed entirely of trailers or semitrailers, "total fleet miles" means | |
498 | 494 | 471the number of miles that those vehicles were towed on the highways of all jurisdictions during | |
499 | 495 | 472the preceding year. | |
500 | 496 | 473 [(77)] (81) "Tow truck motor carrier" means the same as that term is defined in Section | |
501 | 497 | 47472-9-102. | |
502 | 498 | 475 [(78)] (82) "Tow truck operator" means the same as that term is defined in Section | |
503 | 499 | 47672-9-102. | |
504 | 500 | 477 [(79)] (83) "Trailer" means a vehicle without motive power designed for carrying | |
505 | 501 | 478persons or property and for being drawn by a motor vehicle and constructed so that no part of | |
506 | 502 | 479its weight rests upon the towing vehicle. | |
507 | 503 | 480 [(80)] (84) "Transferee" means a person to whom the ownership of property is | |
508 | 504 | 481conveyed by sale, gift, or any other means except by the creation of a security interest. | |
509 | 505 | 482 [(81)] (85) "Transferor" means a person who transfers the person's ownership in | |
510 | 506 | 483property by sale, gift, or any other means except by creation of a security interest. | |
511 | 507 | 484 [(82)] (86) "Travel trailer," "camping trailer," or "fifth wheel trailer" means a portable | |
512 | 508 | 485vehicle without motive power, designed as a temporary dwelling for travel, recreational, or | |
513 | 509 | 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. | |
516 | 511 | 488 [(83)] (87) "Truck tractor" means a motor vehicle designed and used primarily for | |
517 | 512 | 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 - | |
519 | 515 | 491 [(84)] (88) "Vehicle" includes a motor vehicle, trailer, semitrailer, off-highway vehicle, | |
520 | 516 | 492camper, park model recreational vehicle, manufactured home, and mobile home. | |
521 | 517 | 493 [(85)] (89) "Vessel" means the same as that term is defined in Section 73-18-2. | |
522 | 518 | 494 [(86)] (90) "Vintage vehicle" means the same as that term is defined in Section | |
523 | 519 | 49541-21-1. | |
524 | 520 | 496 [(87)] (91) "Waters of this state" means the same as that term is defined in Section | |
525 | 521 | 49773-18-2. | |
526 | 522 | 498 [(88)] (92) "Weighmaster" means a person, association of persons, or corporation | |
527 | 523 | 499permitted to weigh vehicles under this chapter. | |
528 | 524 | 500 Section 5. Section 41-1a-122 is enacted to read: | |
529 | 525 | 501 41-1a-122. License plate restricted account. | |
530 | - | 502 (1) As used in this section, | |
531 | - | ||
526 | + | 502 (1) As used in this section, account means the License Plate Restricted Account created | |
527 | + | 503by this section. | |
532 | 528 | 504 (2) There is created within the General Fund a restricted account known as the License | |
533 | 529 | 505Plate Restricted Account. | |
534 | 530 | 506 (3) (a) The account shall be funded from the fees described in Subsection | |
535 | 531 | 50741-1a-1201(3). | |
536 | 532 | 508 (b) The fees described in Subsection (3)(a) shall be paid to the division, which shall | |
537 | 533 | 509deposit them in the account. | |
538 | 534 | 510 (4) The Legislature shall appropriate the funds in the account to the commission to | |
539 | 535 | 511cover the costs of issuing license plates and decals. | |
540 | 536 | 512 (5) In accordance with Section 63J-1-602.1, appropriations made to the division from | |
541 | 537 | 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: | |
545 | 539 | 515 41-1a-222. Application for multiyear registration -- Payment of taxes -- Penalties. | |
546 | 540 | 516 (1) The owner of any intrastate fleet of commercial vehicles which is based in the state | |
547 | 541 | 517may apply to the commission for registration in accordance with this section. | |
548 | 542 | 518 (a) The application shall be made on a form prescribed by the commission. | |
549 | 543 | 519 (b) Upon payment of required fees and meeting other requirements prescribed by the | |
550 | 544 | 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 - | |
552 | 547 | 522 (i) The [license plate] registration decal and the registration card shall bear an | |
553 | 548 | 523expiration date fixed by the division and are valid until ownership of the vehicle to which they | |
554 | 549 | 524are issued is transferred by the applicant or until the expiration date, whichever comes first. | |
555 | 550 | 525 (ii) An annual renewal application must be made by the owner if registration | |
556 | 551 | 526identification has been issued on an annual installment fee basis and the required fees must be | |
557 | 552 | 527paid on an annual basis. | |
558 | 553 | 528 (iii) License plates and registration cards issued pursuant to this section are valid for an | |
559 | 554 | 529eight-year period, commencing with the year of initial application in this state. | |
560 | 555 | 530 (c) When application for registration or renewal is made on an installment payment | |
561 | 556 | 531basis, the applicant shall submit acceptable evidence of a surety bond in a form, and with a | |
562 | 557 | 532surety, approved by the commission and in an amount equal to the total annual fees required | |
563 | 558 | 533for all vehicles registered to the applicant in accordance with this section. | |
564 | 559 | 534 (2) Each vehicle registered as part of a fleet of commercial vehicles must be titled in | |
565 | 560 | 535the name of the fleet. | |
566 | 561 | 536 (3) Each owner who registers fleets pursuant to this section shall pay the taxes or in | |
567 | 562 | 537lieu fees otherwise due pursuant to: | |
568 | 563 | 538 (a) Section 41-1a-206; | |
569 | 564 | 539 (b) Section 41-1a-207; | |
570 | 565 | 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; | |
573 | 567 | 542 (e) Section 59-2-405.2; or | |
574 | 568 | 543 (f) Section 59-2-405.3. | |
575 | 569 | 544 (4) An owner who fails to comply with the provisions of this section is subject to the | |
576 | 570 | 545penalties in Section 41-1a-1301 and, if the commission so determines, will result in the loss of | |
577 | 571 | 546the privileges granted in this section. | |
578 | 572 | 547 Section 7. Section 41-1a-226 is amended to read: | |
579 | 573 | 548 41-1a-226. Vintage vehicle -- Signed statement -- Registration. | |
580 | 574 | 549 (1) The owner of a vintage vehicle who applies for registration under this part shall | |
581 | 575 | 550provide a signed statement that the vintage vehicle: | |
582 | 576 | 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 - | |
584 | 579 | 553 (2) For a vintage vehicle with a model year of 1980 or older, the signed statement | |
585 | 580 | 554described in Subsection (1) and in Subsection 41-6a-1642(15) is in lieu of an emissions | |
586 | 581 | 555inspection, from which a vintage vehicle is exempt under Subsection 41-6a-1642(4). | |
587 | 582 | 556 (3) Before registration of a vintage vehicle that has a model year of 1981 or newer, an | |
588 | 583 | 557owner shall: | |
589 | 584 | 558 (a) obtain a certificate of emissions inspection as provided in Section 41-6a-1642; or | |
590 | 585 | 559 (b) provide proof of vehicle insurance coverage for the vintage vehicle that is a type | |
591 | 586 | 560specific to a vehicle collector. | |
592 | 587 | 561 Section 8. Section 41-1a-401 is amended to read: | |
593 | 588 | 562 41-1a-401. License plates -- Number of plates -- Reflectorization -- Indicia of | |
594 | 589 | 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 | |
603 | 596 | 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 | |
606 | 599 | 573particular vehicle registered and may not be removed during the term for which the license | |
607 | 600 | 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 | |
609 | - | ||
610 | - | ||
611 | - | ||
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: | |
612 | 605 | 579 (A) the previous registered owner has included the license plate as part of the sale, | |
613 | 606 | 580trade, or ownership release; and | |
614 | 607 | 581 (B) the person applying to register the vehicle applies to transfer the license plate to the | |
615 | 608 | 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 - | |
617 | 611 | 584registered owner under this Subsection (1)(c) if the new registered owner does not meet the | |
618 | 612 | 585qualification or eligibility requirements for that personalized or special group license plate | |
619 | 613 | 586under [Sections 41-1a-410 through 41-1a-422] this part or Part 16, Special Group License | |
620 | 614 | 587Plates. | |
621 | 615 | 588 (2) The division may receive applications for registration renewal, renew registration, | |
622 | 616 | 589and issue new license plates or registration decals at any time prior to the expiration of | |
623 | 617 | 590registration. | |
624 | 618 | 591 (3) (a) (i) Except as provided in Subsection (3)(a)(iii), all license plates to be | |
625 | 619 | 592manufactured and issued by the division shall be treated with a fully reflective material on the | |
626 | 620 | 593plate face that provides effective and dependable reflective brightness during the service period | |
627 | 621 | 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 | |
630 | 623 | 596license plate created under this part, the division shall procure reflective material to satisfy the | |
631 | 624 | 597requirement under Subsection (3)(a)(i) as soon as such material is available at a reasonable | |
632 | 625 | 598cost. | |
633 | 626 | 599 (iii) Notwithstanding the reflectivity requirement described in Subsection (3)(a)(i), the | |
634 | 627 | 600division may manufacture and issue a historical support special group license plate without a | |
635 | 628 | 601fully reflective plate face if: | |
636 | 629 | 602 (A) the historical special group license plate is requested for a vintage vehicle that has | |
637 | 630 | 603a model year of 1980 or older; and | |
638 | 631 | 604 (B) the division has manufacturing equipment and technology available to produce the | |
639 | 632 | 605plate in small quantities. | |
640 | 633 | 606 (b) The division shall prescribe all license plate material specifications and establish | |
641 | 634 | 607and implement procedures for conforming to the specifications. | |
642 | 635 | 608 (c) The specifications for the materials used such as the aluminum plate substrate, the | |
643 | 636 | 609reflective sheeting, and glue shall be drawn in a manner so that at least two manufacturers may | |
644 | 637 | 610qualify as suppliers. | |
645 | 638 | 611 (d) The granting of contracts for the materials shall be by public bid. | |
646 | 639 | 612 (4) (a) The commission may issue, adopt, and require the use of indicia of registration | |
647 | 640 | 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 - | |
649 | 643 | 615registration, so far as the provisions are applicable. | |
650 | 644 | 616 (5) A violation of this section is an infraction. | |
651 | 645 | 617 Section 9. Section 41-1a-402 is repealed and reenacted to read: | |
652 | 646 | 618 41-1a-402. Standard license plates -- Required colors, numerals, and letters -- | |
653 | 647 | 619Expiration. | |
654 | 648 | 620 (1) (a) Upon registering a vehicle, the division shall issue to the owner a standard | |
655 | 649 | 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 | |
659 | 651 | 623 (ii) an apportioned vehicle license plate in accordance with Section 41-1a-301. | |
660 | 652 | 624 (b) The division may offer up to four standard license plate options at one time, each | |
661 | 653 | 625with a different design as follows: | |
662 | 654 | 626 (i) two designs that incorporate one or more elements that represent the state's | |
663 | 655 | 627economy or geography; | |
664 | 656 | 628 (ii) one design that represents the state's values or culture; and | |
665 | 657 | 629 (iii) one design that commemorates a current event relevant to the state or a significant | |
666 | 658 | 630anniversary of a historic event relevant to the state. | |
667 | 659 | 631 (c) The division shall offer: | |
668 | 660 | 632 (i) each design described in Subsection (1)(b)(i) or (ii) for at least a 10-year period; and | |
669 | 661 | 633 (ii) each design described in Subsection (1)(b)(iii) for no more than a five-year period. | |
670 | 662 | 634 (d) The division may not offer more than four standard license plate designs at any one | |
671 | 663 | 635time. | |
672 | 664 | 636 (2) Before the division may offer a design described in Subsection (1)(b), the division | |
673 | 665 | 637shall: | |
674 | 666 | 638 (a) consult with the Utah Department of Cultural and Community Engagement | |
675 | 667 | 639regarding the proposed design; | |
676 | 668 | 640 (b) identify which current standard license plate design will be replaced by the | |
677 | 669 | 641proposed design; | |
678 | 670 | 642 (c) submit the proposed design to the governor for approval; and | |
679 | 671 | 643 (d) if the governor approves the design pursuant to Subsection (2)(c), submit to the | |
680 | 672 | 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 - | |
682 | 675 | 646 (3) The division may issue a new standard license plate design only if: | |
683 | 676 | 647 (a) the Legislature has by concurrent resolution approved the standard license plate | |
684 | 677 | 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. | |
687 | 679 | 650 (4) (a) Except as provided in Subsection (4)(b), the division may not order or produce a | |
688 | 680 | 651standard license plate that is discontinued under this section. | |
689 | 681 | 652 (b) The division may issue a discontinued standard license plate until the division | |
690 | 682 | 653exhausts the discontinued standard license plate's remaining stock. | |
691 | 683 | 654 (5) Each license plate shall have displayed on it: | |
692 | 684 | 655 (a) the registration number assigned to the vehicle for which the license plate is issued; | |
693 | 685 | 656 (b) the name of the state; and | |
694 | 686 | 657 (c) unless exempted by Section 41-1a-301 or 41-1a-407, a registration decal showing | |
695 | 687 | 658the date of expiration displayed in accordance with Subsection (8). | |
696 | 688 | 659 (6) If registration is extended by affixing a registration decal to the license plate, the | |
697 | 689 | 660expiration date of the registration decal governs the expiration date of the license plate. | |
698 | 690 | 661 (7) (a) Except as provided under Subsection 41-1a-215(2) and Section 41-1a-216, | |
699 | 691 | 662license plates shall be renewed annually. | |
700 | 692 | 663 (b) (i) The division shall issue the vehicle owner a month registration decal and a year | |
701 | 693 | 664registration decal upon the vehicle's first registration with the division. | |
702 | 694 | 665 (ii) The division shall issue the vehicle owner only a year registration decal upon | |
703 | 695 | 666subsequent renewals of registration to validate registration renewal. | |
704 | 696 | 667 (8) Except as otherwise provided by rule: | |
705 | 697 | 668 (a) the month registration decal issued in accordance with Subsection (7) shall be | |
706 | 698 | 669displayed on the license plate in the left position; and | |
707 | 699 | 670 (b) the year registration decal issued in accordance with Subsection (7) shall be | |
708 | 700 | 671displayed on the license plate in the right position. | |
709 | 701 | 672 (9) The current year registration decal issued in accordance with Subsection (7) shall | |
710 | 702 | 673be placed over or in place of the previous year registration decal. | |
711 | 703 | 674 (10) If a license plate, month registration decal, or year registration decal is lost or | |
712 | 704 | 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 - | |
716 | 707 | 677 (11) (a) A violation of this section is an infraction. | |
717 | 708 | 678 (b) A court shall waive a fine for a violation under this section if: | |
718 | 709 | 679 (i) the registration for the vehicle was current at the time of the citation; and | |
719 | 710 | 680 (ii) the person to whom the citation was issued provides, within 21 business days, | |
720 | 711 | 681evidence that the license plate and registration decals are properly displayed in compliance with | |
721 | 712 | 682this section. | |
722 | 713 | 683 (12) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, | |
723 | 714 | 684the division may make rules regarding the placement and positioning of registration decals on | |
724 | 715 | 685license plates issued by the division. | |
725 | 716 | 686 Section 10. Section 41-1a-416 is amended to read: | |
726 | 717 | 687 41-1a-416. Original issue license plates -- Alternative stickers -- Rulemaking. | |
727 | 718 | 688 (1) The owner of a motor vehicle that is a model year 1973 or older may apply to the | |
728 | 719 | 689division for permission to display an original issue license plate [of a format and type issued by | |
729 | 720 | 690the state in the same year as the model year of the vehicle]. | |
730 | 721 | 691 (2) [The owner of a motor vehicle who desires to display original issue license plates | |
731 | 722 | 692instead of license plates issued under Section 41-1a-401 shall:] An owner described in | |
732 | 723 | 693Subsection (1) shall: | |
733 | 724 | 694 (a) complete an application on a form provided by the division; | |
734 | 725 | 695 [(b) supply and submit the original license plates that the owner desires to display to | |
735 | 726 | 696the division for approval; and] | |
736 | 727 | 697 (b) supply and submit to the division for approval the original issue license plate that | |
737 | 728 | 698the owner intends to display on the motor vehicle; and | |
738 | 729 | 699 (c) pay the fees prescribed in Sections 41-1a-1206 and 41-1a-1211. | |
739 | 730 | 700 (3) [The division, prior to approval of an application under this section,] Before | |
740 | 731 | 701approving an application described in this section, the division shall determine that the original | |
741 | 732 | 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 | |
744 | 734 | 704state]; | |
745 | 735 | 705 (b) [have] has numbers and characters that are unique and do not conflict with existing | |
746 | 736 | 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 - | |
748 | 739 | 708chapter[, except that original issue license plates are exempt from the provision of Section | |
749 | 740 | 70941-1a-401 regarding reflectorization and Section 41-1a-403 regarding legibility from 100 feet]; | |
750 | 741 | 710and | |
751 | 742 | 711 (d) [are] is from the same year of issue as the model year of the motor vehicle on which | |
752 | 743 | 712[they are] the original issue license plate is to be displayed. | |
753 | 744 | 713 (4) (a) [An] Except as provided in this section, the owner of a motor vehicle displaying | |
754 | 745 | 714original issue license plates approved under this section is not exempt from any [other | |
755 | 746 | 715requirement of this chapter except as specified under this section.] requirement described in | |
756 | 747 | 716this chapter. | |
757 | 748 | 717 (b) An original issue license plate approved under this section is exempt from: | |
758 | 749 | 718 (i) the provisions of Section 41-1a-401 regarding reflectorization; and | |
759 | 750 | 719 (ii) Section 41-1a-403. | |
760 | 751 | 720 [(5) (a) An owner of a motor vehicle currently registered in this state whose original | |
761 | 752 | 721issue license plates are not approved by the division because of the requirement in Subsection | |
762 | 753 | 722(3)(b) may apply to the division for a sticker to allow the temporary display of the original | |
763 | 754 | 723issue license plates if:] | |
764 | 755 | 724 [(i) the plates otherwise comply with this section;] | |
765 | 756 | 725 [(ii) the plates are only displayed when the motor vehicle is used for participating in | |
766 | 757 | 726motor vehicle club activities, exhibitions, tours, parades, and similar activities and are not used | |
767 | 758 | 727for general daily transportation;] | |
768 | 759 | 728 [(iii) the license plates and registration issued under this chapter for normal use of the | |
769 | 760 | 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] | |
773 | 762 | 731 [(iv) the sticker issued by the division under this subsection is properly affixed to the | |
774 | 763 | 732face of the original issue license plate.] | |
775 | 764 | 733 [(b) The sticker issued under this section shall be the size and form customarily | |
776 | 765 | 734furnished by the division.] | |
777 | 766 | 735 [(6)] (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking | |
778 | 767 | 736Act, the division may make rules for the implementation of this section. | |
779 | 768 | 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 - | |
781 | 771 | 739 (1) In accordance with this chapter, the division shall issue to an eligible applicant a | |
782 | 772 | 740special group license plate in one of the following categories: | |
783 | 773 | 741 (a) a disability special group license plate issued in accordance with Section 41-1a-420; | |
784 | 774 | 742 (b) a special group license plate issued for a: | |
785 | - | 743 (i) vintage vehicle; | |
775 | + | 743 (i) vintage vehicle; or | |
786 | 776 | 744 (ii) farm truck; or | |
787 | 777 | 745 (iii) special group license plate described in Section 41-1a-1602. | |
788 | 778 | 746 (2) The division may not issue a new type of special group license plate or symbol | |
789 | 779 | 747decal unless the division receives: | |
790 | 780 | 748 (a) a private donation for the start-up fee established under Section 63J-1-504 for the | |
791 | 781 | 749production and administrative costs of providing the new special group license plate or symbol | |
792 | 782 | 750decal; or | |
793 | 783 | 751 (b) a legislative appropriation for the start-up fee described in Subsection (2)(a). | |
794 | 784 | 752 (3) Notwithstanding other provisions of this chapter, the division may not require a | |
795 | 785 | 753contribution as defined in Section 41-1a-1601 for a special group license plate described in | |
796 | 786 | 754Subsection (1)(a) or (b). | |
797 | 787 | 755 Section 12. Section 41-1a-419 is amended to read: | |
798 | 788 | 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. | |
801 | 790 | 758 (1) [(a) The design and maximum number of numerals or characters on special group | |
802 | 791 | 759license plates shall be determined by the division in accordance with the requirements under | |
803 | 792 | 760Subsection (1)(b).] | |
804 | 793 | 761 (a) In accordance with Subsection (1)(b), the division shall determine the design and | |
805 | 794 | 762number of numerals or characters on a special group license plate. | |
806 | 795 | 763 (b) (i) Except as provided in Subsection (1)(b)(ii), each special group license plate | |
807 | 796 | 764shall display: | |
808 | 797 | 765 (A) the word Utah; | |
809 | 798 | 766 (B) the name or identifying slogan of the special group; | |
810 | 799 | 767 (C) a symbol decal not exceeding two positions in size representing the special group; | |
811 | 800 | 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 - | |
813 | 803 | 770vehicle. | |
814 | 804 | 771 (ii) The division, in consultation with the Utah State Historical Society, shall design | |
815 | 805 | 772the historical support special group license plate, which shall: | |
816 | 806 | 773 (A) have a black background; | |
817 | 807 | 774 (B) have white characters; and | |
818 | 808 | 775 (C) display the word Utah. | |
819 | 809 | 776 (2) (a) The division shall, after consultation with a representative designated by the | |
820 | 810 | 777[special group] sponsoring organization as defined in Section 41-1a-1601, specify the word or | |
821 | 811 | 778words comprising the special group name and the symbol decal to be displayed upon the | |
822 | 812 | 779special group license [plates] plate. | |
823 | 813 | 780 (b) A special group license plate symbol decal may not be redesigned: | |
824 | 814 | 781 (i) unless the division receives a redesign fee established by the division under Section | |
825 | 815 | 78263J-1-504; and | |
826 | 816 | 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 | |
830 | 818 | 785symbol decal may not be reordered unless the division receives a symbol decal reorder fee | |
831 | 819 | 786established by the division [under] in accordance with Section 63J-1-504. | |
832 | 820 | 787 [(ii) A recognition special group license plate symbol decal for a currently employed, | |
833 | 821 | 788volunteer, or retired firefighter issued in accordance with Subsection 41-1a-418(1)(d)(v) that is | |
834 | 822 | 789reordered on or after July 1, 2007, but on or before June 30, 2008, is exempt from the symbol | |
835 | 823 | 790decal reorder fee authorized under Subsection (2)(c)(i).] | |
836 | 824 | 791 (3) The license plates issued for horseless carriages prior to July 1, 1992, are valid | |
837 | 825 | 792without renewal as long as the vehicle is owned by the registered owner and the license plates | |
838 | 826 | 793may not be recalled by the division. | |
839 | 827 | 794 [(4) A person who meets the criteria established under Sections 41-1a-418 through | |
840 | 828 | 79541-1a-422 for issuance of special group license plates may make application in the same | |
841 | 829 | 796manner provided in Sections 41-1a-410 and 41-1a-411 for personalized special group license | |
842 | 830 | 797plates.] | |
843 | 831 | 798 (4) Subject to Subsection 41-1a-411(4)(a), a person who meets the requirements | |
844 | 832 | 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 - | |
846 | 835 | 801Sections 41-1a-410 and 41-1a-411. | |
847 | 836 | 802 (5) [The] Subject to this chapter, the commission shall make rules in accordance with | |
848 | 837 | 803Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to: | |
849 | 838 | 804 (a) establish qualifying criteria for persons to receive, renew, or surrender special group | |
850 | 839 | 805license plates; and | |
851 | 840 | 806 (b) establish the [maximum] number of numerals or characters for special group | |
852 | 841 | 807license plates. | |
853 | 842 | 808 Section 13. Section 41-1a-1201 is amended to read: | |
854 | 843 | 809 41-1a-1201. Disposition of fees. | |
855 | 844 | 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. | |
858 | 846 | 812 (2) Except as provided in Subsections (3), (5), (6), (7), and (8), [and (9)] and Sections | |
859 | 847 | 813[41-1a-422,] 41-1a-1220, 41-1a-1221, [and] 41-1a-1223, and 41-1a-1603, all fees collected | |
860 | 848 | 814under this part shall be deposited into the Transportation Fund. | |
861 | 849 | 815 (3) Funds generated under Subsections 41-1a-1211(1)(b)(ii), (6)(b)(ii), [and] (7), and | |
862 | 850 | 816(9), and Section 41-1a-1212 [may be used by the commission to cover the costs incurred in | |
863 | 851 | 817issuing license plates under Part 4, License Plates and Registration Indicia.] shall be deposited | |
864 | 852 | 818into the License Plate Restricted Account created in Section 41-1a-122. | |
865 | 853 | 819 [(4) In accordance with Section 63J-1-602.2, all funds available to the commission for | |
866 | 854 | 820the purchase and distribution of license plates and decals are nonlapsing.] | |
867 | 855 | 821 [(5)] (4) (a) Except as provided in Subsections (3) and [(5)(b)] (4)(b) and Section | |
868 | 856 | 82241-1a-1205, the expenses of the commission in enforcing and administering this part shall be | |
869 | 857 | 823provided for by legislative appropriation from the revenues of the Transportation Fund. | |
870 | 858 | 824 (b) Three dollars of the registration fees imposed under Subsections 41-1a-1206(2)(a) | |
871 | 859 | 825and (b) for each vehicle registered for a six-month registration period under Section | |
872 | 860 | 82641-1a-215.5 may be used by the commission to cover the costs incurred in enforcing and | |
873 | 861 | 827administering this part. | |
874 | 862 | 828 (c) Fifty cents of the registration fee imposed under Subsection 41-1a-1206(1)(i) for | |
875 | 863 | 829each vintage vehicle that has a model year of 1981 or newer may be used by the commission to | |
876 | 864 | 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 - | |
878 | 867 | 83241-1a-1206 for each vehicle shall be deposited into the Transportation Investment Fund of | |
879 | 868 | 8332005 created under Section 72-2-124: | |
880 | 869 | 834 (i) $30 of the registration fees imposed under Subsections 41-1a-1206(1)(a), (1)(b), | |
881 | 870 | 835(1)(f), (4), and (7); | |
882 | 871 | 836 (ii) $21 of the registration fees imposed under Subsections 41-1a-1206(1)(c)(i) and | |
883 | 872 | 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); | |
887 | 874 | 839 (iv) $23 of the registration fee imposed under Subsection 41-1a-1206(1)(d)(i); | |
888 | 875 | 840 (v) $24.50 of the registration fee imposed under Subsection 41-1a-1206(1)(e)(i); and | |
889 | 876 | 841 (vi) $1 of the registration fee imposed under Subsection 41-1a-1206(1)(d)(ii). | |
890 | 877 | 842 (b) The following portions of the registration fees collected for each vehicle registered | |
891 | 878 | 843for a six-month registration period under Section 41-1a-215.5 shall be deposited into the | |
892 | 879 | 844Transportation Investment Fund of 2005 created by Section 72-2-124: | |
893 | 880 | 845 (i) $23.25 of each registration fee collected under Subsection 41-1a-1206(2)(a)(i); and | |
894 | 881 | 846 (ii) $23 of each registration fee collected under Subsection 41-1a-1206(2)(a)(ii). | |
895 | 882 | 847 [(7)] (6) (a) Ninety-four cents of each registration fee imposed under Subsections | |
896 | 883 | 84841-1a-1206(1)(a) and (b) for each vehicle shall be deposited into the Public Safety Restricted | |
897 | 884 | 849Account created in Section 53-3-106. | |
898 | 885 | 850 (b) Seventy-one cents of each registration fee imposed under Subsections | |
899 | 886 | 85141-1a-1206(2)(a) and (b) for each vehicle registered for a six-month registration period under | |
900 | 887 | 852Section 41-1a-215.5 shall be deposited into the Public Safety Restricted Account created in | |
901 | 888 | 853Section 53-3-106. | |
902 | 889 | 854 [(8)] (7) (a) One dollar of each registration fee imposed under Subsections | |
903 | 890 | 85541-1a-1206(1)(a) and (b) for each vehicle shall be deposited into the Motor Vehicle Safety | |
904 | 891 | 856Impact Restricted Account created in Section 53-8-214. | |
905 | 892 | 857 (b) One dollar of each registration fee imposed under Subsections 41-1a-1206(2)(a) | |
906 | 893 | 858and (b) for each vehicle registered for a six-month registration period under Section | |
907 | 894 | 85941-1a-215.5 shall be deposited into the Motor Vehicle Safety Impact Restricted Account | |
908 | 895 | 860created in Section 53-8-214. | |
909 | 896 | 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 - | |
911 | 899 | 863Rehabilitation Fund created in Section 26-54-102. | |
912 | 900 | 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 -- | |
915 | 902 | 866Exception. | |
916 | 903 | 867 (1) Each year there is levied and shall be paid to the commission the automobile driver | |
917 | 904 | 868education fee. | |
918 | 905 | 869 (2) (a) Except as provided in Subsections (2)(b) and (c), the fee is $2.50 upon each | |
919 | 906 | 870motor vehicle to be registered for a one-year registration period. | |
920 | 907 | 871 (b) The fee is $2.00 upon each motor vehicle to be registered under Section | |
921 | 908 | 87241-1a-215.5 for a six-month registration period. | |
922 | 909 | 873 (c) The following registrations are exempt from the fee in Subsection (2)(a) or (b): | |
923 | 910 | 874 (i) a motorcycle registration; and | |
924 | 911 | 875 (ii) a registration of a vehicle with a Purple Heart special group license plate issued [in | |
925 | 912 | 876accordance with Section 41-1a-421.]: | |
926 | 913 | 877 (A) on or before December 31, 2023; or | |
927 | 914 | 878 (B) in accordance with Part 16, Sponsored Special Group License Plates. | |
928 | 915 | 879 Section 15. Section 41-1a-1206 is amended to read: | |
929 | 916 | 880 41-1a-1206. Registration fees -- Fees by gross laden weight. | |
930 | 917 | 881 (1) Except as provided in Subsections (2) and (3), at the time application is made for | |
931 | 918 | 882registration or renewal of registration of a vehicle or combination of vehicles under this | |
932 | 919 | 883chapter, a registration fee shall be paid to the division as follows: | |
933 | 920 | 884 (a) $46.00 for each motorcycle; | |
934 | 921 | 885 (b) $44 for each motor vehicle of 12,000 pounds or less gross laden weight, excluding | |
935 | 922 | 886motorcycles; | |
936 | 923 | 887 (c) unless the semitrailer or trailer is exempt from registration under Section 41-1a-202 | |
937 | 924 | 888or is registered under Section 41-1a-301: | |
938 | 925 | 889 (i) $31 for each trailer or semitrailer over 750 pounds gross unladen weight; or | |
939 | 926 | 890 (ii) $28.50 for each commercial trailer or commercial semitrailer of 750 pounds or less | |
940 | 927 | 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 - | |
945 | 931 | 894 (ii) $9 for each 2,000 pounds over 14,000 pounds gross laden weight; | |
946 | 932 | 895 (e) (i) $69.50 for each motor vehicle or combination of motor vehicles, excluding farm | |
947 | 933 | 896trucks, over 12,000 pounds, but not exceeding 14,000 pounds gross laden weight; plus | |
948 | 934 | 897 (ii) $19 for each 2,000 pounds over 14,000 pounds gross laden weight; | |
949 | 935 | 898 (f) (i) $69.50 for each park model recreational vehicle over 12,000 pounds, but not | |
950 | 936 | 899exceeding 14,000 pounds gross laden weight; plus | |
951 | 937 | 900 (ii) $19 for each 2,000 pounds over 14,000 pounds gross laden weight; | |
952 | 938 | 901 (g) $45 for each vintage vehicle that has a model year of 1981 or newer; | |
953 | 939 | 902 (h) in addition to the fee described in Subsection (1)(b): | |
954 | 940 | 903 (i) an amount equal to the road usage charge cap described in Section 72-1-213.1 for: | |
955 | 941 | 904 (A) each electric motor vehicle; and | |
956 | 942 | 905 (B) Each motor vehicle not described in this Subsection (1)(h) that is fueled | |
957 | 943 | 906exclusively by a source other than motor fuel, diesel fuel, natural gas, or propane; | |
958 | 944 | 907 (ii) $21.75 for each hybrid electric motor vehicle; and | |
959 | 945 | 908 (iii) $56.50 for each plug-in hybrid electric motor vehicle; and | |
960 | 946 | 909 (i) in addition to the fee described in Subsection (1)(g), for a vintage vehicle that has a | |
961 | 947 | 910model year of 1981 or newer, 50 cents. | |
962 | 948 | 911 (2) (a) At the time application is made for registration or renewal of registration of a | |
963 | 949 | 912vehicle under this chapter for a six-month registration period under Section 41-1a-215.5, a | |
964 | 950 | 913registration fee shall be paid to the division as follows: | |
965 | 951 | 914 (i) $34.50 for each motorcycle; and | |
966 | 952 | 915 (ii) $33.50 for each motor vehicle of 12,000 pounds or less gross laden weight, | |
967 | 953 | 916excluding motorcycles. | |
968 | 954 | 917 (b) In addition to the fee described in Subsection (2)(a)(ii), for registration or renewal | |
969 | 955 | 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: | |
972 | 957 | 920 (i) an amount equal to the road usage charge cap described in Section 72-1-213.1 for: | |
973 | 958 | 921 (A) each electric motor vehicle; and | |
974 | 959 | 922 (B) each motor vehicle not described in this Subsection (2)(b) that is fueled exclusively | |
975 | 960 | 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 - | |
977 | 963 | 925 (iii) $43.50 for each plug-in hybrid electric motor vehicle. | |
978 | 964 | 926 (3) (a) (i) Beginning on January 1, 2019, the commission shall, on January 1, annually | |
979 | 965 | 927adjust the registration fees described in Subsections (1)(a), (1)(b), (1)(c)(i), (1)(c)(ii), (1)(d)(i), | |
980 | 966 | 928(1)(e)(i), (1)(f)(i), (1)(g), (2)(a), (4)(a), and (7), by taking the registration fee rate for the | |
981 | 967 | 929previous year and adding an amount equal to the greater of: | |
982 | 968 | 930 (A) an amount calculated by multiplying the registration fee of the previous year by the | |
983 | 969 | 931actual percentage change during the previous fiscal year in the Consumer Price Index; and | |
984 | 970 | 932 (B) 0. | |
985 | 971 | 933 (ii) Beginning on January 1, 2024, the commission shall, on January 1, annually adjust | |
986 | 972 | 934the registration fees described in Subsections (1)(h)(ii) and (iii) and (2)(b)(ii) and (iii) by taking | |
987 | 973 | 935the registration fee rate for the previous year and adding an amount equal to the greater of: | |
988 | 974 | 936 (A) an amount calculated by multiplying the registration fee of the previous year by the | |
989 | 975 | 937actual percentage change during the previous fiscal year in the Consumer Price Index; and | |
990 | 976 | 938 (B) 0. | |
991 | 977 | 939 (b) The amounts calculated as described in Subsection (3)(a) shall be rounded up to the | |
992 | 978 | 940nearest 25 cents. | |
993 | 979 | 941 (4) (a) The initial registration fee for a vintage vehicle that has a model year of 1980 or | |
994 | 980 | 942older is $40. | |
995 | 981 | 943 (b) A vintage vehicle that has a model year of 1980 or older is exempt from the | |
996 | 982 | 944renewal of registration fees under Subsection (1). | |
997 | 983 | 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, | |
1001 | 985 | 947Sponsored Special Group License Plates, is exempt from the registration fees under Subsection | |
1002 | 986 | 948(1). | |
1003 | 987 | 949 (d) A camper is exempt from the registration fees under Subsection (1). | |
1004 | 988 | 950 (5) If a motor vehicle is operated in combination with a semitrailer or trailer, each | |
1005 | 989 | 951motor vehicle shall register for the total gross laden weight of all units of the combination if the | |
1006 | 990 | 952total gross laden weight of the combination exceeds 12,000 pounds. | |
1007 | 991 | 953 (6) (a) Registration fee categories under this section are based on the gross laden | |
1008 | 992 | 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 - | |
1010 | 995 | 956of 2,000 pounds is a full unit. | |
1011 | 996 | 957 (7) The owner of a commercial trailer or commercial semitrailer may, as an alternative | |
1012 | 997 | 958to registering under Subsection (1)(c), apply for and obtain a special registration and license | |
1013 | 998 | 959plate for a fee of $130. | |
1014 | 999 | 960 (8) Except as provided in Section 41-6a-1642, a truck may not be registered as a farm | |
1015 | 1000 | 961truck unless: | |
1016 | 1001 | 962 (a) the truck meets the definition of a farm truck under Section 41-1a-102; and | |
1017 | 1002 | 963 (b) (i) the truck has a gross vehicle weight rating of more than 12,000 pounds; or | |
1018 | 1003 | 964 (ii) the truck has a gross vehicle weight rating of 12,000 pounds or less and the owner | |
1019 | 1004 | 965submits to the division a certificate of emissions inspection or a waiver in compliance with | |
1020 | 1005 | 966Section 41-6a-1642. | |
1021 | 1006 | 967 (9) A violation of Subsection (8) is an infraction that shall be punished by a fine of not | |
1022 | 1007 | 968less than $200. | |
1023 | 1008 | 969 (10) Trucks used exclusively to pump cement, bore wells, or perform crane services | |
1024 | 1009 | 970with a crane lift capacity of five or more tons, are exempt from 50% of the amount of the fees | |
1025 | 1010 | 971required for those vehicles under this section. | |
1026 | 1011 | 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 | |
1029 | 1013 | 974personalized and special group license plates -- Replacement fee for license plates -- | |
1030 | 1014 | 975Postage fees. | |
1031 | 1015 | 976 (1) (a) Except as provided in Subsections (11), (12), (13), and (14), a license plate fee | |
1032 | 1016 | 977established in accordance with Section 63J-1-504 shall be paid to the division for the issuance | |
1033 | 1017 | 978of any new license plate under Part 4, License Plates and Registration Indicia. | |
1034 | 1018 | 979 (b) The license plate fee shall be deposited as follows: | |
1035 | 1019 | 980 (i) $1 in the Transportation Fund; and | |
1036 | 1020 | 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). | |
1038 | 1022 | 983 (2) An applicant for original issuance of personalized license plates issued under | |
1039 | 1023 | 984Section 41-1a-410 shall pay a $50 per set license plate application fee in addition to the fee | |
1040 | 1024 | 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 - | |
1042 | 1027 | 987pay a $5 fee for the original set of license plates in addition to the fee required under | |
1043 | 1028 | 988Subsection (1). | |
1044 | 1029 | 989 (4) An applicant for original issuance of personalized special group license plates shall | |
1045 | 1030 | 990pay the license plate application fees required in Subsection (2) in addition to the license plate | |
1046 | 1031 | 991fees and license plate application fees established under Subsections (1) and (3). | |
1047 | 1032 | 992 (5) An applicant for renewal of personalized license plates issued under Section | |
1048 | 1033 | 99341-1a-410 shall pay a $10 per set application fee. | |
1049 | 1034 | 994 (6) (a) The division may charge a fee established under Section 63J-1-504 to recover | |
1050 | 1035 | 995the costs for the replacement of any license plate issued under Part 4, License Plates and | |
1051 | 1036 | 996Registration Indicia. | |
1052 | 1037 | 997 (b) The license plate fee shall be deposited as follows: | |
1053 | 1038 | 998 (i) $1 in the Transportation Fund; and | |
1054 | 1039 | 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). | |
1058 | 1041 | 1001 (7) (a) The division may charge a fee established under Section 63J-1-504 to recover | |
1059 | 1042 | 1002[its] the division's costs for the replacement of [decals] a symbol decal issued under Section | |
1060 | 1043 | 100341-1a-418. | |
1061 | - | 1004 (b) The fee described in Subsection (7) | |
1062 | - | 1005Restricted Account as described in | |
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). | |
1063 | 1046 | 1006 (8) The division may charge a fee established under Section 63J-1-504 to recover the | |
1064 | 1047 | 1007cost of issuing stickers under Section 41-1a-416. | |
1065 | 1048 | 1008 (9) In addition to any other fees required by this section, the division shall assess a fee | |
1066 | 1049 | 1009established under Section 63J-1-504 to cover postage expenses if new or replacement license | |
1067 | 1050 | 1010plates are mailed to the applicant. | |
1068 | 1051 | 1011 (10) The fees required under this section are separate from and in addition to | |
1069 | 1052 | 1012registration fees required under Section 41-1a-1206. | |
1070 | 1053 | 1013 (11) (a) An applicant for a license plate issued under Section 41-1a-407 is not subject | |
1071 | 1054 | 1014to the license plate fee under Subsection (1). | |
1072 | 1055 | 1015 (b) An applicant for a Purple Heart special group license plate issued [in accordance | |
1073 | 1056 | 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 - | |
1075 | 1059 | 1018and (7). | |
1076 | 1060 | 1019 (12) A person is exempt from the fee under Subsection (1) or (6) if the person: | |
1077 | 1061 | 1020 (a) was issued a clean fuel special group license plate in accordance with Section | |
1078 | 1062 | 102141-1a-418 prior to the effective date of rules made by the Department of Transportation under | |
1079 | 1063 | 1022Subsection 41-6a-702(5)(b); | |
1080 | 1064 | 1023 (b) beginning on the effective date of rules made by the Department of Transportation | |
1081 | 1065 | 1024authorized under Subsection 41-6a-702(5)(b), is no longer eligible for a clean fuel special | |
1082 | 1066 | 1025group license plate under the rules made by the Department of Transportation; and | |
1083 | 1067 | 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. | |
1086 | 1069 | 1028 [(13) Until June 30, 2011, a person is exempt from the license plate fee under | |
1087 | 1070 | 1029Subsection (1) or (6) if the person:] | |
1088 | 1071 | 1030 [(a) was issued a firefighter recognition special group license plate in accordance with | |
1089 | 1072 | 1031Section 41-1a-418 prior to July 1, 2009;] | |
1090 | 1073 | 1032 [(b) upon renewal of the person's vehicle registration on or after July 1, 2009, is not a | |
1091 | 1074 | 1033contributor to the Firefighter Support Restricted Account as required under Section 41-1a-418; | |
1092 | 1075 | 1034and] | |
1093 | 1076 | 1035 [(c) is required to replace the firefighter special group license plate with a new license | |
1094 | 1077 | 1036plate in accordance with Section 41-1a-418.] | |
1095 | 1078 | 1037 [(14) A person is not subject to the license plate fee under Subsection (1) if the person | |
1096 | 1079 | 1038presents official documentation that the person is a recipient of the Purple Heart Award | |
1097 | 1080 | 1039issued:] | |
1098 | 1081 | 1040 [(a) by a recognized association representing peace officers who:] | |
1099 | 1082 | 1041 [(i) receives a salary from a federal, state, county, or municipal government or any | |
1100 | 1083 | 1042subdivision of the state; and] | |
1101 | 1084 | 1043 [(ii) works in the state; or] | |
1102 | 1085 | 1044 [(b) in accordance with Subsection 41-1a-421(2).] | |
1103 | 1086 | 1045 (13) An individual is exempt from the license plate fee under Subsection (1) if the | |
1104 | 1087 | 1046individual presents official documentation that the individual is a recipient of the Purple Heart | |
1105 | 1088 | 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 - | |
1107 | 1091 | 1049officers who: | |
1108 | 1092 | 1050 (i) receive a salary from a federal, state, county, or municipal government or any other | |
1109 | 1093 | 1051subdivision of the state; and | |
1110 | 1094 | 1052 (ii) work in the state; | |
1111 | 1095 | 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, | |
1115 | 1097 | 1055issued by the National Personnel Records Center. | |
1116 | 1098 | 1056 Section 17. Section 41-1a-1212 is amended to read: | |
1117 | 1099 | 1057 41-1a-1212. Fee for replacement of license plate decals. | |
1118 | 1100 | 1058 (1) A fee established in accordance with Section 63J-1-504 shall be paid to the division | |
1119 | 1101 | 1059for the replacement of a license plate registration decal required by Section 41-1a-402 or a | |
1120 | 1102 | 1060registration decal required by Section 41-1a-401. | |
1121 | 1103 | 1061 (2) The fee described in Subsection (1) shall be deposited into the License Plate | |
1122 | - | 1062Restricted Account created in | |
1104 | + | 1062Restricted Account created in Subsection 41-1a-1201(10). | |
1123 | 1105 | 1063 Section 18. Section 41-1a-1218 is amended to read: | |
1124 | 1106 | 1064 41-1a-1218. Uninsured motorist identification fee for tracking motor vehicle | |
1125 | 1107 | 1065insurance -- Exemption -- Deposit. | |
1126 | 1108 | 1066 (1) (a) Except as provided in Subsections (1)(b) and (c), at the time application is made | |
1127 | 1109 | 1067for registration or renewal of registration of a motor vehicle under this chapter, the applicant | |
1128 | 1110 | 1068shall pay an uninsured motorist identification fee of $1 on each motor vehicle. | |
1129 | 1111 | 1069 (b) Except as provided in Subsection (1)(c), at the time application is made for | |
1130 | 1112 | 1070registration or renewal of registration of a motor vehicle for a six-month registration period | |
1131 | 1113 | 1071under Section 41-1a-215.5, the applicant shall pay an uninsured motorist identification fee of | |
1132 | 1114 | 107275 cents on each motor vehicle. | |
1133 | 1115 | 1073 (c) The following are exempt from the fee required under Subsection (1)(a) or (b): | |
1134 | 1116 | 1074 (i) a commercial vehicle registered as part of a fleet under Section 41-1a-222 or | |
1135 | 1117 | 1075Section 41-1a-301; | |
1136 | 1118 | 1076 (ii) a motor vehicle that is exempt from the registration fee under Section 41-1a-1209 | |
1137 | 1119 | 1077or Subsection 41-1a-419(3); and | |
1138 | 1120 | 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 - | |
1140 | 1123 | 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. | |
1143 | 1125 | 1082 (2) The revenue generated under this section shall be deposited in the Uninsured | |
1144 | 1126 | 1083Motorist Identification Restricted Account created in Section 41-12a-806. | |
1145 | 1127 | 1084 Section 19. Section 41-1a-1222 is amended to read: | |
1146 | 1128 | 1085 41-1a-1222. Local option highway construction and transportation corridor | |
1147 | 1129 | 1086preservation fee -- Exemptions -- Deposit -- Transfer -- County ordinance -- Notice. | |
1148 | 1130 | 1087 (1) As used in this section: | |
1149 | 1131 | 1088 (a) "Metro township" means the same as that term is defined in Section 10-2a-403. | |
1150 | 1132 | 1089 (b) "Unincorporated" means the same as that term is defined in Section 10-1-104. | |
1151 | 1133 | 1090 (2) (a) (i) Except as provided in Subsection (2)(a)(ii), a county legislative body may | |
1152 | 1134 | 1091impose a local option highway construction and transportation corridor preservation fee of up | |
1153 | 1135 | 1092to $10 on each motor vehicle registration within the county. | |
1154 | 1136 | 1093 (ii) A county legislative body may impose a local option highway construction and | |
1155 | 1137 | 1094transportation corridor preservation fee of up to $7.75 on each motor vehicle registration for a | |
1156 | 1138 | 1095six-month registration period under Section 41-1a-215.5 within the county. | |
1157 | 1139 | 1096 (iii) A fee imposed under Subsection (2)(a)(i) or (ii) shall be set in whole dollar | |
1158 | 1140 | 1097increments. | |
1159 | 1141 | 1098 (b) If imposed under Subsection (2)(a), at the time application is made for registration | |
1160 | 1142 | 1099or renewal of registration of a motor vehicle under this chapter, the applicant shall pay the local | |
1161 | 1143 | 1100option highway construction and transportation corridor preservation fee established by the | |
1162 | 1144 | 1101county legislative body. | |
1163 | 1145 | 1102 (c) The following are exempt from the fee required under Subsection (2)(a): | |
1164 | 1146 | 1103 (i) a motor vehicle that is exempt from the registration fee under Section 41-1a-1209 or | |
1165 | 1147 | 1104Subsection 41-1a-419(3); | |
1166 | 1148 | 1105 (ii) a commercial vehicle with an apportioned registration under Section 41-1a-301; | |
1167 | 1149 | 1106and | |
1168 | 1150 | 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.]: | |
1172 | 1152 | 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 - | |
1174 | 1155 | 1111 (3) (a) Except as provided in Subsection (3)(b), the revenue generated under this | |
1175 | 1156 | 1112section shall be: | |
1176 | 1157 | 1113 (i) deposited in the Local Highway and Transportation Corridor Preservation Fund | |
1177 | 1158 | 1114created in Section 72-2-117.5; | |
1178 | 1159 | 1115 (ii) credited to the county from which it is generated; and | |
1179 | 1160 | 1116 (iii) used and distributed in accordance with Section 72-2-117.5. | |
1180 | 1161 | 1117 (b) The revenue generated by a fee imposed under this section in a county of the first | |
1181 | 1162 | 1118class shall be deposited or transferred as follows: | |
1182 | 1163 | 1119 (i) 50% of the revenue shall be: | |
1183 | 1164 | 1120 (A) deposited in the County of the First Class Highway Projects Fund created in | |
1184 | 1165 | 1121Section 72-2-121; and | |
1185 | 1166 | 1122 (B) used in accordance with Section 72-2-121; | |
1186 | 1167 | 1123 (ii) 30% of the revenue shall be deposited, credited, and used as provided in Subsection | |
1187 | 1168 | 1124(3)(a); and | |
1188 | 1169 | 1125 (iii) 20% of the revenue shall be transferred to the legislative body of a county of the | |
1189 | 1170 | 1126first class. | |
1190 | 1171 | 1127 (4) Beginning in a fiscal year beginning on or after July 1, 2023, and for 15 years | |
1191 | 1172 | 1128thereafter, the legislative body of the county of the first class shall annually transfer, from the | |
1192 | 1173 | 1129revenue transferred to the legislative body of a county of the first class as described in | |
1193 | 1174 | 1130Subsection (3)(b)(iii): | |
1194 | 1175 | 1131 (a) $300,000 to Kearns township; and | |
1195 | 1176 | 1132 (b) $225,000 to Magna township. | |
1196 | 1177 | 1133 (5) To impose or change the amount of a fee under this section, the county legislative | |
1197 | 1178 | 1134body shall pass an ordinance: | |
1198 | - | 1135 (a) approving the fee; Enrolled Copy H.B. 26 | |
1199 | - | - 43 - | |
1179 | + | 1135 (a) approving the fee; | |
1200 | 1180 | 1136 (b) setting the amount of the fee; and | |
1201 | 1181 | 1137 (c) providing an effective date for the fee as provided in Subsection (6). | |
1202 | 1182 | 1138 (6) (a) If a county legislative body enacts, changes, or repeals a fee under this section, | |
1203 | 1183 | 1139the enactment, change, or repeal shall take effect on July 1 if the commission receives notice | |
1204 | 1184 | 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 - | |
1206 | 1187 | 1142 (i) state that the county will enact, change, or repeal a fee under this part; | |
1207 | 1188 | 1143 (ii) include a copy of the ordinance imposing the fee; and | |
1208 | 1189 | 1144 (iii) if the county enacts or changes the fee under this section, state the amount of the | |
1209 | 1190 | 1145fee. | |
1210 | 1191 | 1146 Section 20. Section 41-1a-1305 is amended to read: | |
1211 | 1192 | 1147 41-1a-1305. License plate and registration card violations -- Class C | |
1212 | 1193 | 1148misdemeanor. | |
1213 | 1194 | 1149 It is a class C misdemeanor: | |
1214 | 1195 | 1150 (1) to break, injure, interfere with, or remove from any vehicle any seal, lock, or device | |
1215 | 1196 | 1151on it for holding or displaying any license plate or registration card attached for denoting | |
1216 | 1197 | 1152registration and identity of the vehicle; | |
1217 | 1198 | 1153 (2) to remove from any registered vehicle the license plate or registration card issued or | |
1218 | 1199 | 1154attached to it for its registration; | |
1219 | 1200 | 1155 (3) to place or display any license plate or registration card upon any other vehicle than | |
1220 | 1201 | 1156the one for which it was issued by the division; | |
1221 | 1202 | 1157 (4) to use or permit the use or display of any license plate, registration card, or permit | |
1222 | 1203 | 1158upon or in the operation of any vehicle other than that for which it was issued; | |
1223 | 1204 | 1159 (5) to operate upon any highway of this state any vehicle required by law to be | |
1224 | 1205 | 1160registered without having the license plate or plates securely attached, except that the | |
1225 | 1206 | 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; | |
1229 | 1208 | 1163 (6) for any weighmaster to knowingly make any false entry in his record of weights of | |
1230 | 1209 | 1164vehicles subject to registration or to knowingly report to the commission or division any false | |
1231 | 1210 | 1165information regarding the weights; | |
1232 | 1211 | 1166 (7) for any inspector, officer, agent, employee, or other person performing any of the | |
1233 | 1212 | 1167functions required for the registration or operation of vehicles subject to registration, to do, | |
1234 | 1213 | 1168permit, cause, connive at, or permit to be done any act with the intent, or knowledge that the | |
1235 | 1214 | 1169probable effect of the act would be to injure any person, deprive him of his property, or to | |
1236 | 1215 | 1170injure or defraud the state with respect to its revenues relating to title or registration of | |
1237 | 1216 | 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 - | |
1239 | 1219 | 1173allow any of the acts in this chapter classified as a misdemeanor; | |
1240 | 1220 | 1174 (9) to operate any motor vehicle with a camper mounted on it upon any highway | |
1241 | 1221 | 1175without displaying a current registration decal in clear sight upon the rear of the camper, issued | |
1242 | 1222 | 1176by the county assessor of the county in which the camper has situs for taxation; | |
1243 | 1223 | 1177 (10) to manufacture, use, display, or sell any facsimile or reproduction of any license | |
1244 | 1224 | 1178plate issued by the division or any article that would appear to be a substitute for a license | |
1245 | 1225 | 1179plate; or | |
1246 | 1226 | 1180 (11) to fail to return to the division any registration card, license plate or plates, | |
1247 | 1227 | 1181registration decal, permit, or title that has been canceled, suspended, voided, or revoked. | |
1248 | 1228 | 1182 Section 21. Section 41-1a-1601 is enacted to read: | |
1249 | 1229 | 1183 41-1a-1601. Definitions. | |
1250 | 1230 | 1184 As used in this part: | |
1251 | 1231 | 1185 (1) "Applicant" means a registered owner who submits an application to obtain or | |
1252 | 1232 | 1186renew a sponsored special group license plate in accordance with this part. | |
1253 | 1233 | 1187 (2) (a) "Charitable purpose" means: | |
1254 | 1234 | 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; | |
1257 | 1236 | 1190 (iii) advancement of education or science; | |
1258 | 1237 | 1191 (iv) erecting or maintaining a public building, monument, or work; | |
1259 | 1238 | 1192 (v) reducing the burdens of government; | |
1260 | 1239 | 1193 (vi) reducing neighborhood tensions; | |
1261 | 1240 | 1194 (vii) eliminating prejudice and discrimination; | |
1262 | 1241 | 1195 (viii) defending human rights and civil rights secured by law; or | |
1263 | 1242 | 1196 (ix) combating community deterioration and juvenile delinquency. | |
1264 | 1243 | 1197 (b) "Charitable purpose" does not include providing, encouraging, or paying for the | |
1265 | 1244 | 1198costs of obtaining an abortion. | |
1266 | 1245 | 1199 (3) "Collegiate special group license plate" means a sponsored special group license | |
1267 | 1246 | 1200plate issued to a contributor to an institution. | |
1268 | 1247 | 1201 (4) "Contributor" means an applicant who contributes the required contribution to a | |
1269 | 1248 | 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 - | |
1271 | 1251 | 1204the division issues before January 1, 2024. | |
1272 | 1252 | 1205 (b) "Existing special group license plate" does not include a special group license plate | |
1273 | 1253 | 1206described in Subsection 41-1a-418(1)(a) or (b). | |
1274 | 1254 | 1207 (6) "Existing state agency recognition special group license plate" means an existing | |
1275 | 1255 | 1208special group license plate issued to a registered owner who: | |
1276 | 1256 | 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 | |
1285 | 1442 | - 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 | |
1313 | 1474 | - 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 | |
1342 | 1506 | - 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 | |
1370 | 1538 | - 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 | |
1399 | 1570 | - 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 | |
1427 | 1602 | - 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 | |
1456 | 1634 | - 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 | |
1484 | 1666 | - 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 | |
1513 | 1698 | - 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 | |
1541 | 1730 | - 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 | |
1570 | 1762 | - 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 | |
1598 | 1794 | - 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 | |
1627 | 1826 | - 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 | |
1655 | 1858 | - 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 | |
1684 | 1890 | - 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 | |
1712 | 1922 | - 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 | |
1741 | 1954 | - 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 | |
1769 | 1986 | - 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 | |
1798 | 2018 | - 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 | |
1826 | 2050 | - 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 | |
1855 | 2082 | - 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 | |
1883 | 2114 | - 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 | |
1912 | 2146 | - 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 | |
1940 | 2178 | - 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 | |
1969 | 2210 | - 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 | |
1997 | 2242 | - 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 | |
2026 | 2274 | - 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 | |
2054 | 2306 | - 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 | |
2083 | 2338 | - 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 | |
2111 | 2370 | - 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 | |
2140 | 2402 | - 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 | |
2168 | 2434 | - 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 | |
2197 | 2466 | - 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 | |
2225 | 2498 | - 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 | |
2254 | 2530 | - 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 | |
2282 | 2562 | - 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 | |
2311 | 2594 | - 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 | |
2339 | 2626 | - 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 | |
2368 | 2658 | - 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 | |
2396 | 2690 | - 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 | |
2425 | 2722 | - 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.". |