Enrolled Copy H.B. 26
1 LICENSE PLATE AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Norman K Thurston
5 Senate Sponsor: Jacob L. Anderegg
6
7LONG TITLE
8General Description:
9 This bill modifies provisions related to standard issue license plates and special group
10license plates.
11Highlighted Provisions:
12 This bill:
13 <defines terms;
14 <amends provisions regarding standard license plates;
15 <creates the sponsored special group license plate program and changes the process
16to establish a new special group license plate;
17 <provides for continuation of special group license plates that were created by a
18legislative act;
19 <establishes eligibility criteria for different categories of sponsored special group
20license plates;
21 <allows a county to exempt a motor vehicle from an emissions inspection under
22certain circumstances;
23 <creates a restricted account to administer existing fees related to license plates and
24vehicle registration;
25 <repeals certain restricted accounts and other provisions related to license plate
26issuance and administration; and
27 <makes technical and conforming changes.
28Money Appropriated in this Bill: H.B. 26
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29 None
30Other Special Clauses:
31 This bill provides a special effective date.
32 This bill provides a coordination clause.
33Utah Code Sections Affected:
34AMENDS:
35 9-8-207, as last amended by Laws of Utah 2018, Chapter 260
36 26-18b-101, as last amended by Laws of Utah 2021, Chapter 378
37 26-54-102, as last amended by Laws of Utah 2019, Chapter 405
38 41-1a-102, as last amended by Laws of Utah 2022, Chapters 92, 180
39 41-1a-222, as last amended by Laws of Utah 2017, Chapter 24
40 41-1a-226, as last amended by Laws of Utah 2022, Chapter 259
41 41-1a-401, as last amended by Laws of Utah 2022, Chapter 259
42 41-1a-416, as last amended by Laws of Utah 2008, Chapter 382
43 41-1a-419, as last amended by Laws of Utah 2018, Chapter 260
44 41-1a-1201, as last amended by Laws of Utah 2022, Chapter 259
45 41-1a-1204, as last amended by Laws of Utah 2012, Chapter 397
46 41-1a-1206, as last amended by Laws of Utah 2022, Chapters 56, 259
47 41-1a-1211, as last amended by Laws of Utah 2015, Chapter 119
48 41-1a-1212, as last amended by Laws of Utah 2014, Chapters 61, 237 and 237
49 41-1a-1218, as last amended by Laws of Utah 2012, Chapter 397
50 41-1a-1222, as last amended by Laws of Utah 2021, Chapter 420
51 41-1a-1305, as last amended by Laws of Utah 2020, Chapter 74
52 41-6a-1642, as last amended by Laws of Utah 2022, Chapters 160, 259
53 53-8-214, as enacted by Laws of Utah 2017, Chapter 406
54 59-10-1319, as last amended by Laws of Utah 2020, Chapter 322
55 62A-15-1103, as last amended by Laws of Utah 2022, Chapters 19, 149 Enrolled Copy H.B. 26
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56 63G-26-103, as enacted by Laws of Utah 2020, Chapter 393
57 63I-1-241, as last amended by Laws of Utah 2022, Chapters 68, 92, 104, and 110
58 63I-1-263, as last amended by Laws of Utah 2022, Chapters 23, 34, 68, 153, 218, 236,
59249, 274, 296, 313, 361, 362, 417, 419, and 472
60 63I-2-204, as last amended by Laws of Utah 2022, Chapters 67, 68
61 63I-2-209, as last amended by Laws of Utah 2021, Chapter 380
62 63I-2-213, as last amended by Laws of Utah 2022, Chapter 400
63 63I-2-219, as last amended by Laws of Utah 2022, Chapter 95
64 63I-2-223, as last amended by Laws of Utah 2012, Chapter 369
65 63I-2-226, as last amended by Laws of Utah 2022, Chapters 255, 365
66 63I-2-253, as last amended by Laws of Utah 2022, Chapters 208, 229, 274, 354, 370,
67and 409
68 63I-2-261, as last amended by Laws of Utah 2013, Chapter 278
69 63I-2-263, as last amended by Laws of Utah 2022, Chapters 63, 209, 240, 242, 264,
70354, and 435
71 63I-2-272, as last amended by Laws of Utah 2022, Chapters 56, 83 and 259
72 63I-2-278, as last amended by Laws of Utah 2022, Chapter 470
73 63I-2-279, as last amended by Laws of Utah 2022, Chapter 68
74 63J-1-602.1, as last amended by Laws of Utah 2022, Chapters 48, 191, 255, 335, 415,
75and 451
76 63J-1-602.2, as last amended by Laws of Utah 2022, Chapters 59, 68, 154, 224, 236,
77242, and 447 and last amended by Coordination Clause, Laws of Utah 2022,
78Chapter 154
79 71-8-2, as last amended by Laws of Utah 2020, Chapter 409
80 71-8-4, as last amended by Laws of Utah 2018, Chapter 39
81 79-4-402, as last amended by Laws of Utah 2022, Chapter 48
82 79-7-203, as last amended by Laws of Utah 2022, Chapter 68 H.B. 26
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83 79-7-303, as renumbered and amended by Laws of Utah 2022, Chapter 68
84ENACTS:
85 41-1a-122, Utah Code Annotated 1953
86 41-1a-1601, Utah Code Annotated 1953
87 41-1a-1602, Utah Code Annotated 1953
88 41-1a-1603, Utah Code Annotated 1953
89 41-1a-1604, Utah Code Annotated 1953
90 41-1a-1605, Utah Code Annotated 1953
91 41-1a-1606, Utah Code Annotated 1953
92 41-1a-1607, Utah Code Annotated 1953
93 41-1a-1608, Utah Code Annotated 1953
94 41-1a-1609, Utah Code Annotated 1953
95 41-1a-1610, Utah Code Annotated 1953
96 63I-2-280, Utah Code Annotated 1953
97REPEALS AND REENACTS:
98 41-1a-402, as last amended by Laws of Utah 2018, Chapters 20, 262
99 41-1a-418, as last amended by Laws of Utah 2022, Chapters 19, 48, 68, and 451
100REPEALS:
101 41-1a-421, as last amended by Laws of Utah 2018, Chapter 39
102 41-1a-422, as last amended by Laws of Utah 2022, Chapters 19, 48, 68, 255, 259, 335,
103451, and 456
104Utah Code Sections Affected by Coordination Clause:
105 41-22-19, as last amended by Laws of Utah 2022, Chapters 68 and 143
106
107Be it enacted by the Legislature of the state of Utah:
108 Section 1. Section 9-8-207 is amended to read:
109 9-8-207. Historical society -- Donations -- Accounting. Enrolled Copy H.B. 26
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110 (1) (a) There is created the Utah State Historical Society.
111 (b) The society may:
112 (i) solicit memberships from persons interested in the work of the society and charge
113dues for memberships commensurate with the advantages of membership and the needs of the
114society; and
115 (ii) receive gifts, donations, bequests, devises, and endowments of money or property,
116which shall then become the property of the state of Utah.
117 (2) [(a)] If the donor directs that money or property donated under Subsection (1)(b)(ii)
118be used in a specified manner, then the division shall use it in accordance with these directions.
119Otherwise, all donated money and the proceeds from donated property, together with the
120charges realized from society memberships, shall be deposited in the General Fund as restricted
121revenue of the society.
122 [(b) Funds received from donations to the society under Section 41-1a-422 shall be
123deposited into the General Fund as a dedicated credit to achieve the mission and purpose of the
124society.]
125 (3) The division shall keep a correct account of funds and property received, held, or
126disbursed by the society, and shall make reports to the governor as in the case of other state
127institutions.
128 Section 2. Section 26-18b-101 is amended to read:
129 26-18b-101. Allyson Gamble Organ Donation Contribution Fund created.
130 (1) (a) There is created an expendable special revenue fund known as the Allyson
131Gamble Organ Donation Contribution Fund.
132 (b) The Allyson Gamble Organ Donation Contribution Fund shall consist of:
133 (i) private contributions;
134 (ii) donations or grants from public or private entities;
135 (iii) voluntary donations collected under Sections 41-1a-230.5 and 53-3-214.7; and
136 [(iv) contributions deposited into the account in accordance with Section 41-1a-422; H.B. 26
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137and]
138 [(v)] (iv) interest and earnings on fund money.
139 (c) The cost of administering the Allyson Gamble Organ Donation Contribution Fund
140shall be paid from money in the fund.
141 (2) The Department of Health shall:
142 (a) administer the funds deposited in the Allyson Gamble Organ Donation Contribution
143Fund; and
144 (b) select qualified organizations and distribute the funds in the Allyson Gamble Organ
145Donation Contribution Fund in accordance with Subsection (3).
146 (3) (a) The funds in the Allyson Gamble Organ Donation Contribution Fund may be
147distributed to a selected organization that:
148 (i) promotes and supports organ donation;
149 (ii) assists in maintaining and operating a statewide organ donation registry; and
150 (iii) provides donor awareness education.
151 (b) An organization that meets the criteria of Subsections (3)(a)(i) through (iii) may
152apply to the Department of Health, in a manner prescribed by the department, to receive a
153portion of the money contained in the Allyson Gamble Organ Donation Contribution Fund.
154 (4) The Department of Health may expend funds in the account to pay the costs of
155administering the fund and issuing or reordering the Donate Life support special group license
156plate and decals.
157 Section 3. Section 26-54-102 is amended to read:
158 26-54-102. Spinal Cord and Brain Injury Rehabilitation Fund -- Creation --
159Administration -- Uses.
160 (1) As used in this section, a "qualified IRC 501(c)(3) charitable clinic" means a
161professional medical clinic that:
162 (a) provides rehabilitation services to individuals in the state:
163 (i) who have a traumatic spinal cord or brain injury that tends to be nonprogressive or Enrolled Copy H.B. 26
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164nondeteriorating; and
165 (ii) who require post-acute care;
166 (b) employs licensed therapy clinicians;
167 (c) has at least five years experience operating a post-acute care rehabilitation clinic in
168the state; and
169 (d) has obtained tax-exempt status under Internal Revenue Code, 26 U.S.C. Sec.
170501(c)(3).
171 (2) There is created an expendable special revenue fund known as the "Spinal Cord and
172Brain Injury Rehabilitation Fund."
173 (3) The fund shall consist of:
174 (a) gifts, grants, donations, or any other conveyance of money that may be made to the
175fund from private sources;
176 (b) a portion of the impound fee as designated in Section 41-6a-1406;
177 (c) the fees collected by the Motor Vehicle Division under Subsections
178[41-1a-1201(9)] 41-1a-1201(8) and 41-22-8(3); and
179 (d) amounts appropriated by the Legislature.
180 (4) The fund shall be administered by the executive director of the department, in
181consultation with the advisory committee created in Section 26-54-103.
182 (5) Fund money shall be used to:
183 (a) assist one or more qualified IRC 501(c)(3) charitable clinics to provide
184rehabilitation services to individuals who have a traumatic spinal cord or brain injury that tends
185to be nonprogressive or nondeteriorating, including:
186 (i) physical, occupational, and speech therapy; and
187 (ii) equipment for use in the qualified charitable clinic; and
188 (b) pay for operating expenses of the advisory committee created by Section
18926-54-103, including the advisory committee's staff.
190 Section 4. Section 41-1a-102 is amended to read: H.B. 26
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191 41-1a-102. Definitions.
192 As used in this chapter:
193 (1) "Actual miles" means the actual distance a vehicle has traveled while in operation.
194 (2) "Actual weight" means the actual unladen weight of a vehicle or combination of
195vehicles as operated and certified to by a weighmaster.
196 (3) "All-terrain type I vehicle" means the same as that term is defined in Section
19741-22-2.
198 (4) "All-terrain type II vehicle" means the same as that term is defined in Section
19941-22-2.
200 (5) "All-terrain type III vehicle" means the same as that term is defined in Section
20141-22-2.
202 (6) "Alternative fuel vehicle" means:
203 (a) an electric motor vehicle;
204 (b) a hybrid electric motor vehicle;
205 (c) a plug-in hybrid electric motor vehicle; or
206 (d) a motor vehicle powered exclusively by a fuel other than:
207 (i) motor fuel;
208 (ii) diesel fuel;
209 (iii) natural gas; or
210 (iv) propane.
211 (7) "Amateur radio operator" means a person licensed by the Federal Communications
212Commission to engage in private and experimental two-way radio operation on the amateur
213band radio frequencies.
214 (8) "Autocycle" means the same as that term is defined in Section 53-3-102.
215 (9) "Automated driving system" means the same as that term is defined in Section
21641-26-102.1.
217 (10) "Branded title" means a title certificate that is labeled: Enrolled Copy H.B. 26
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218 (a) rebuilt and restored to operation;
219 (b) flooded and restored to operation; or
220 (c) not restored to operation.
221 (11) "Camper" means a structure designed, used, and maintained primarily to be
222mounted on or affixed to a motor vehicle that contains a floor and is designed to provide a
223mobile dwelling, sleeping place, commercial space, or facilities for human habitation or for
224camping.
225 (12) "Certificate of title" means a document issued by a jurisdiction to establish a
226record of ownership between an identified owner and the described vehicle, vessel, or outboard
227motor.
228 (13) "Certified scale weigh ticket" means a weigh ticket that has been issued by a
229weighmaster.
230 (14) "Commercial vehicle" means a motor vehicle, trailer, or semitrailer used or
231maintained for the transportation of persons or property that operates:
232 (a) as a carrier for hire, compensation, or profit; or
233 (b) as a carrier to transport the vehicle owner's goods or property in furtherance of the
234owner's commercial enterprise.
235 (15) "Commission" means the State Tax Commission.
236 (16) "Consumer price index" means the same as that term is defined in Section
23759-13-102.
238 (17) "Dealer" means a person engaged or licensed to engage in the business of buying,
239selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on
240conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established
241place of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors.
242 (18) "Diesel fuel" means the same as that term is defined in Section 59-13-102.
243 (19) "Division" means the Motor Vehicle Division of the commission, created in
244Section 41-1a-106. H.B. 26
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245 (20) "Dynamic driving task" means the same as that term is defined in Section
24641-26-102.1.
247 (21) "Electric motor vehicle" means a motor vehicle that is powered solely by an
248electric motor drawing current from a rechargeable energy storage system.
249 (22) "Essential parts" means the integral and body parts of a vehicle of a type required
250to be registered in this state, the removal, alteration, or substitution of which would tend to
251conceal the identity of the vehicle or substantially alter the vehicle's appearance, model, type,
252or mode of operation.
253 (23) "Farm tractor" means a motor vehicle designed and used primarily as a farm
254implement for drawing plows, mowing machines, and other implements of husbandry.
255 (24) (a) "Farm truck" means a truck used by the owner or operator of a farm solely for
256the owner's or operator's own use in the transportation of:
257 (i) farm products, including livestock and its products, poultry and its products,
258floricultural and horticultural products;
259 (ii) farm supplies, including tile, fence, and any other thing or commodity used in
260agricultural, floricultural, horticultural, livestock, and poultry production; and
261 (iii) livestock, poultry, and other animals and things used for breeding, feeding, or
262other purposes connected with the operation of a farm.
263 (b) "Farm truck" does not include the operation of trucks by commercial processors of
264agricultural products.
265 (25) "Fleet" means one or more commercial vehicles.
266 (26) "Foreign vehicle" means a vehicle of a type required to be registered, brought into
267this state from another state, territory, or country other than in the ordinary course of business
268by or through a manufacturer or dealer, and not registered in this state.
269 (27) "Gross laden weight" means the actual weight of a vehicle or combination of
270vehicles, equipped for operation, to which shall be added the maximum load to be carried.
271 (28) "Highway" or "street" means the entire width between property lines of every way Enrolled Copy H.B. 26
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272or place of whatever nature when any part of it is open to the public, as a matter of right, for
273purposes of vehicular traffic.
274 (29) "Hybrid electric motor vehicle" means a motor vehicle that draws propulsion
275energy from onboard sources of stored energy that are both:
276 (a) an internal combustion engine or heat engine using consumable fuel; and
277 (b) a rechargeable energy storage system where energy for the storage system comes
278solely from sources onboard the vehicle.
279 (30) (a) "Identification number" means the identifying number assigned by the
280manufacturer or by the division for the purpose of identifying the vehicle, vessel, or outboard
281motor.
282 (b) "Identification number" includes a vehicle identification number, state assigned
283identification number, hull identification number, and motor serial number.
284 (31) "Implement of husbandry" means a vehicle designed or adapted and used
285exclusively for an agricultural operation and only incidentally operated or moved upon the
286highways.
287 (32) (a) "In-state miles" means the total number of miles operated in this state during
288the preceding year by fleet power units.
289 (b) If a fleet is composed entirely of trailers or semitrailers, "in-state miles" means the
290total number of miles that those vehicles were towed on Utah highways during the preceding
291year.
292 (33) "Interstate vehicle" means a commercial vehicle operated in more than one state,
293province, territory, or possession of the United States or foreign country.
294 (34) "Jurisdiction" means a state, district, province, political subdivision, territory, or
295possession of the United States or any foreign country.
296 (35) "Lienholder" means a person with a security interest in particular property.
297 (36) "Manufactured home" means a transportable factory built housing unit constructed
298on or after June 15, 1976, according to the Federal Home Construction and Safety Standards H.B. 26
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299Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight body
300feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more
301square feet, and which is built on a permanent chassis and designed to be used as a dwelling
302with or without a permanent foundation when connected to the required utilities, and includes
303the plumbing, heating, air-conditioning, and electrical systems.
304 (37) "Manufacturer" means a person engaged in the business of constructing,
305manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or
306outboard motors for the purpose of sale or trade.
307 (38) "Military vehicle" means a vehicle of any size or weight that was manufactured
308for use by armed forces and that is maintained in a condition that represents the vehicle's
309military design and markings regardless of current ownership or use.
310 (39) "Mobile home" means a transportable factory built housing unit built prior to June
31115, 1976, in accordance with a state mobile home code which existed prior to the Federal
312Manufactured Housing and Safety Standards Act (HUD Code).
313 (40) "Motor fuel" means the same as that term is defined in Section 59-13-102.
314 (41) (a) "Motor vehicle" means a self-propelled vehicle intended primarily for use and
315operation on the highways.
316 (b) "Motor vehicle" does not include:
317 (i) an off-highway vehicle; or
318 (ii) a motor assisted scooter as defined in Section 41-6a-102.
319 (42) "Motorboat" means the same as that term is defined in Section 73-18-2.
320 (43) "Motorcycle" means:
321 (a) a motor vehicle having a saddle for the use of the rider and designed to travel on not
322more than three wheels in contact with the ground; or
323 (b) an autocycle.
324 (44) "Natural gas" means a fuel of which the primary constituent is methane.
325 (45) (a) "Nonresident" means a person who is not a resident of this state as defined by Enrolled Copy H.B. 26
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326Section 41-1a-202, and who does not engage in intrastate business within this state and does
327not operate in that business any motor vehicle, trailer, or semitrailer within this state.
328 (b) A person who engages in intrastate business within this state and operates in that
329business any motor vehicle, trailer, or semitrailer in this state or who, even though engaging in
330interstate commerce, maintains a vehicle in this state as the home station of that vehicle is
331considered a resident of this state, insofar as that vehicle is concerned in administering this
332chapter.
333 (46) "Odometer" means a device for measuring and recording the actual distance a
334vehicle travels while in operation, but does not include any auxiliary odometer designed to be
335periodically reset.
336 (47) "Off-highway implement of husbandry" means the same as that term is defined in
337Section 41-22-2.
338 (48) "Off-highway vehicle" means the same as that term is defined in Section 41-22-2.
339 (49) (a) "Operate" means:
340 (i) to navigate a vessel; or
341 (ii) collectively, the activities performed in order to perform the entire dynamic driving
342task for a given motor vehicle by:
343 (A) a human driver as defined in Section 41-26-102.1; or
344 (B) an engaged automated driving system.
345 (b) "Operate" includes testing of an automated driving system.
346 (50) "Original issue license plate" means a license plate that is of a format and type
347issued by the state in the same year as the model year of a vehicle that is a model year 1973 or
348older.
349 [(50)] (51) "Outboard motor" means a detachable self-contained propulsion unit,
350excluding fuel supply, used to propel a vessel.
351 [(51)] (52) (a) "Owner" means a person, other than a lienholder, holding title to a
352vehicle, vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is H.B. 26
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353subject to a security interest.
354 (b) If a vehicle is the subject of an agreement for the conditional sale or installment
355sale or mortgage of the vehicle with the right of purchase upon performance of the conditions
356stated in the agreement and with an immediate right of possession vested in the conditional
357vendee or mortgagor, or if the vehicle is the subject of a security agreement, then the
358conditional vendee, mortgagor, or debtor is considered the owner for the purposes of this
359chapter.
360 (c) If a vehicle is the subject of an agreement to lease, the lessor is considered the
361owner until the lessee exercises the lessee's option to purchase the vehicle.
362 [(52)] (53) "Park model recreational vehicle" means a unit that:
363 (a) is designed and marketed as temporary living quarters for recreational, camping,
364travel, or seasonal use;
365 (b) is not permanently affixed to real property for use as a permanent dwelling;
366 (c) requires a special highway movement permit for transit; and
367 (d) is built on a single chassis mounted on wheels with a gross trailer area not
368exceeding 400 square feet in the setup mode.
369 [(53)] (54) "Personalized license plate" means a license plate that has displayed on it a
370combination of letters, numbers, or both as requested by the owner of the vehicle and assigned
371to the vehicle by the division.
372 [(54)] (55) (a) "Pickup truck" means a two-axle motor vehicle with motive power
373manufactured, remanufactured, or materially altered to provide an open cargo area.
374 (b) "Pickup truck" includes a motor vehicle with the open cargo area covered with a
375camper, camper shell, tarp, removable top, or similar structure.
376 [(55)] (56) "Plug-in hybrid electric motor vehicle" means a hybrid electric motor
377vehicle that has the capability to charge the battery or batteries used for vehicle propulsion
378from an off-vehicle electric source, such that the off-vehicle source cannot be connected to the
379vehicle while the vehicle is in motion. Enrolled Copy H.B. 26
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380 [(56)] (57) "Pneumatic tire" means a tire in which compressed air is designed to
381support the load.
382 [(57)] (58) "Preceding year" means a period of 12 consecutive months fixed by the
383division that is within 16 months immediately preceding the commencement of the registration
384or license year in which proportional registration is sought. The division in fixing the period
385shall conform it to the terms, conditions, and requirements of any applicable agreement or
386arrangement for the proportional registration of vehicles.
387 [(58)] (59) "Public garage" means a building or other place where vehicles or vessels
388are kept and stored and where a charge is made for the storage and keeping of vehicles and
389vessels.
390 [(59)] (60) "Receipt of surrender of ownership documents" means the receipt of
391surrender of ownership documents described in Section 41-1a-503.
392 [(60)] (61) "Reconstructed vehicle" means a vehicle of a type required to be registered
393in this state that is materially altered from its original construction by the removal, addition, or
394substitution of essential parts, new or used.
395 [(61)] (62) "Recreational vehicle" means the same as that term is defined in Section
39613-14-102.
397 [(62)] (63) "Registration" means a document issued by a jurisdiction that allows
398operation of a vehicle or vessel on the highways or waters of this state for the time period for
399which the registration is valid and that is evidence of compliance with the registration
400requirements of the jurisdiction.
401 (64) "Registration decal" means the decal issued by the division that is evidence of
402compliance with the division's registration requirements.
403 [(63)] (65) (a) "Registration year" means a 12 consecutive month period commencing
404with the completion of the applicable registration criteria.
405 (b) For administration of a multistate agreement for proportional registration the
406division may prescribe a different 12-month period. H.B. 26
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407 [(64)] (66) "Repair or replacement" means the restoration of vehicles, vessels, or
408outboard motors to a sound working condition by substituting any inoperative part of the
409vehicle, vessel, or outboard motor, or by correcting the inoperative part.
410 [(65)] (67) "Replica vehicle" means:
411 (a) a street rod that meets the requirements under Subsection 41-21-1(3)(a)(i)(B); or
412 (b) a custom vehicle that meets the requirements under Subsection
41341-6a-1507(1)(a)(i)(B).
414 [(66)] (68) "Road tractor" means a motor vehicle designed and used for drawing other
415vehicles and constructed so it does not carry any load either independently or any part of the
416weight of a vehicle or load that is drawn.
417 [(67)] (69) "Sailboat" means the same as that term is defined in Section 73-18-2.
418 [(68)] (70) "Security interest" means an interest that is reserved or created by a security
419agreement to secure the payment or performance of an obligation and that is valid against third
420parties.
421 [(69)] (71) "Semitrailer" means a vehicle without motive power designed for carrying
422persons or property and for being drawn by a motor vehicle and constructed so that some part
423of its weight and its load rests or is carried by another vehicle.
424 [(70)] (72) "Special group license plate" means a type of license plate designed for a
425particular group of people or a license plate authorized and issued by the division in accordance
426with Section 41-1a-418 or Part 16, Sponsored Special Group License Plates.
427 [(71)] (73) (a) "Special interest vehicle" means a vehicle used for general
428transportation purposes and that is:
429 (i) 20 years or older from the current year; or
430 (ii) a make or model of motor vehicle recognized by the division director as having
431unique interest or historic value.
432 (b) In making a determination under Subsection [(71)] (73)(a), the division director
433shall give special consideration to: Enrolled Copy H.B. 26
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434 (i) a make of motor vehicle that is no longer manufactured;
435 (ii) a make or model of motor vehicle produced in limited or token quantities;
436 (iii) a make or model of motor vehicle produced as an experimental vehicle or one
437designed exclusively for educational purposes or museum display; or
438 (iv) a motor vehicle of any age or make that has not been substantially altered or
439modified from original specifications of the manufacturer and because of its significance is
440being collected, preserved, restored, maintained, or operated by a collector or hobbyist as a
441leisure pursuit.
442 [(72)] (74) (a) "Special mobile equipment" means a vehicle:
443 (i) not designed or used primarily for the transportation of persons or property;
444 (ii) not designed to operate in traffic; and
445 (iii) only incidentally operated or moved over the highways.
446 (b) "Special mobile equipment" includes:
447 (i) farm tractors;
448 (ii) off-road motorized construction or maintenance equipment including backhoes,
449bulldozers, compactors, graders, loaders, road rollers, tractors, and trenchers; and
450 (iii) ditch-digging apparatus.
451 (c) "Special mobile equipment" does not include a commercial vehicle as defined
452under Section 72-9-102.
453 [(73)] (75) "Specially constructed vehicle" means a vehicle of a type required to be
454registered in this state, not originally constructed under a distinctive name, make, model, or
455type by a generally recognized manufacturer of vehicles, and not materially altered from its
456original construction.
457 (76) (a) "Standard license plate" means a license plate for general issue described in
458Subsection 41-1a-402(1).
459 (b) "Standard license plate" includes a license plate for general issue that the division
460issues before January 1, 2024. H.B. 26
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461 [(74)] (77) "State impound yard" means a yard for the storage of a vehicle, vessel, or
462outboard motor that meets the requirements of rules made by the commission pursuant to
463Subsection 41-1a-1101(5).
464 (78) "Symbol decal" means the decal that is designed to represent a special group and
465displayed on a special group license plate.
466 [(75)] (79) "Title" means the right to or ownership of a vehicle, vessel, or outboard
467motor.
468 [(76)] (80) (a) "Total fleet miles" means the total number of miles operated in all
469jurisdictions during the preceding year by power units.
470 (b) If fleets are composed entirely of trailers or semitrailers, "total fleet miles" means
471the number of miles that those vehicles were towed on the highways of all jurisdictions during
472the preceding year.
473 [(77)] (81) "Tow truck motor carrier" means the same as that term is defined in Section
47472-9-102.
475 [(78)] (82) "Tow truck operator" means the same as that term is defined in Section
47672-9-102.
477 [(79)] (83) "Trailer" means a vehicle without motive power designed for carrying
478persons or property and for being drawn by a motor vehicle and constructed so that no part of
479its weight rests upon the towing vehicle.
480 [(80)] (84) "Transferee" means a person to whom the ownership of property is
481conveyed by sale, gift, or any other means except by the creation of a security interest.
482 [(81)] (85) "Transferor" means a person who transfers the person's ownership in
483property by sale, gift, or any other means except by creation of a security interest.
484 [(82)] (86) "Travel trailer," "camping trailer," or "fifth wheel trailer" means a portable
485vehicle without motive power, designed as a temporary dwelling for travel, recreational, or
486vacation use that does not require a special highway movement permit when drawn by a
487self-propelled motor vehicle. Enrolled Copy H.B. 26
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488 [(83)] (87) "Truck tractor" means a motor vehicle designed and used primarily for
489drawing other vehicles and not constructed to carry a load other than a part of the weight of the
490vehicle and load that is drawn.
491 [(84)] (88) "Vehicle" includes a motor vehicle, trailer, semitrailer, off-highway vehicle,
492camper, park model recreational vehicle, manufactured home, and mobile home.
493 [(85)] (89) "Vessel" means the same as that term is defined in Section 73-18-2.
494 [(86)] (90) "Vintage vehicle" means the same as that term is defined in Section
49541-21-1.
496 [(87)] (91) "Waters of this state" means the same as that term is defined in Section
49773-18-2.
498 [(88)] (92) "Weighmaster" means a person, association of persons, or corporation
499permitted to weigh vehicles under this chapter.
500 Section 5. Section 41-1a-122 is enacted to read:
501 41-1a-122. License Plate Restricted Account.
502 (1) As used in this section, "account" means the License Plate Restricted Account
503created by this section.
504 (2) There is created within the General Fund a restricted account known as the License
505Plate Restricted Account.
506 (3) (a) The account shall be funded from the fees described in Subsection
50741-1a-1201(3).
508 (b) The fees described in Subsection (3)(a) shall be paid to the division, which shall
509deposit them in the account.
510 (4) The Legislature shall appropriate the funds in the account to the commission to
511cover the costs of issuing license plates and decals.
512 (5) In accordance with Section 63J-1-602.1, appropriations made to the division from
513the account are nonlapsing.
514 Section 6. Section 41-1a-222 is amended to read: H.B. 26
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515 41-1a-222. Application for multiyear registration -- Payment of taxes -- Penalties.
516 (1) The owner of any intrastate fleet of commercial vehicles which is based in the state
517may apply to the commission for registration in accordance with this section.
518 (a) The application shall be made on a form prescribed by the commission.
519 (b) Upon payment of required fees and meeting other requirements prescribed by the
520commission, the division shall issue, to each vehicle for which application has been made, a
521multiyear license plate and registration card.
522 (i) The [license plate] registration decal and the registration card shall bear an
523expiration date fixed by the division and are valid until ownership of the vehicle to which they
524are issued is transferred by the applicant or until the expiration date, whichever comes first.
525 (ii) An annual renewal application must be made by the owner if registration
526identification has been issued on an annual installment fee basis and the required fees must be
527paid on an annual basis.
528 (iii) License plates and registration cards issued pursuant to this section are valid for an
529eight-year period, commencing with the year of initial application in this state.
530 (c) When application for registration or renewal is made on an installment payment
531basis, the applicant shall submit acceptable evidence of a surety bond in a form, and with a
532surety, approved by the commission and in an amount equal to the total annual fees required
533for all vehicles registered to the applicant in accordance with this section.
534 (2) Each vehicle registered as part of a fleet of commercial vehicles must be titled in
535the name of the fleet.
536 (3) Each owner who registers fleets pursuant to this section shall pay the taxes or in
537lieu fees otherwise due pursuant to:
538 (a) Section 41-1a-206;
539 (b) Section 41-1a-207;
540 (c) Subsection 41-1a-301(12);
541 (d) Section 59-2-405.1; Enrolled Copy H.B. 26
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542 (e) Section 59-2-405.2; or
543 (f) Section 59-2-405.3.
544 (4) An owner who fails to comply with the provisions of this section is subject to the
545penalties in Section 41-1a-1301 and, if the commission so determines, will result in the loss of
546the privileges granted in this section.
547 Section 7. Section 41-1a-226 is amended to read:
548 41-1a-226. Vintage vehicle -- Signed statement -- Registration.
549 (1) The owner of a vintage vehicle who applies for registration under this part shall
550provide a signed statement that the vintage vehicle:
551 (a) is owned and operated for the purposes described in Section 41-21-1; and
552 (b) is safe to operate on the highways of this state as described in Section 41-21-4.
553 (2) For a vintage vehicle with a model year of 1980 or older, the signed statement
554described in Subsection (1) and in Subsection 41-6a-1642(15) is in lieu of an emissions
555inspection, from which a vintage vehicle is exempt under Subsection 41-6a-1642(4).
556 (3) Before registration of a vintage vehicle that has a model year of 1981 or newer, an
557owner shall:
558 (a) obtain a certificate of emissions inspection as provided in Section 41-6a-1642; or
559 (b) provide proof of vehicle insurance coverage for the vintage vehicle that is a type
560specific to a vehicle collector.
561 Section 8. Section 41-1a-401 is amended to read:
562 41-1a-401. License plates -- Number of plates -- Reflectorization -- Indicia of
563registration in lieu of or used with plates.
564 (1) (a) Except as provided in Subsection (1)(c), the division upon registering a vehicle
565shall issue to the owner:
566 (i) one license plate for a motorcycle, trailer, or semitrailer;
567 (ii) one registration decal for a park model recreational vehicle, in lieu of a license
568plate, which shall be attached in plain sight to the rear of the park model recreational vehicle; H.B. 26
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569 (iii) one registration decal for a camper, in lieu of a license plate, which shall be
570attached in plain sight to the rear of the camper; and
571 (iv) two identical license plates for every other vehicle.
572 (b) The license plate or registration decal issued under Subsection (1)(a) is for the
573particular vehicle registered and may not be removed during the term for which the license
574plate or registration decal is issued or used upon any other vehicle than the registered vehicle.
575 (c) (i) Notwithstanding Subsections (1)(a) and (b) and except as provided in Subsection
576(1)(c)(ii), the division, upon registering a motor vehicle that has been sold, traded, or the
577ownership of which has been otherwise released, shall transfer the license plate issued to the
578person applying to register the vehicle if:
579 (A) the previous registered owner has included the license plate as part of the sale,
580trade, or ownership release; and
581 (B) the person applying to register the vehicle applies to transfer the license plate to the
582new registered owner of the vehicle.
583 (ii) The division may not transfer a personalized or special group license plate to a new
584registered owner under this Subsection (1)(c) if the new registered owner does not meet the
585qualification or eligibility requirements for that personalized or special group license plate
586under [Sections 41-1a-410 through 41-1a-422] this part or Part 16, Special Group License
587Plates.
588 (2) The division may receive applications for registration renewal, renew registration,
589and issue new license plates or registration decals at any time prior to the expiration of
590registration.
591 (3) (a) (i) Except as provided in Subsection (3)(a)(iii), all license plates to be
592manufactured and issued by the division shall be treated with a fully reflective material on the
593plate face that provides effective and dependable reflective brightness during the service period
594of the license plate.
595 (ii) Except as provided in Subsection (3)(a)(iii), for a historical support special group Enrolled Copy H.B. 26
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596license plate created under this part, the division shall procure reflective material to satisfy the
597requirement under Subsection (3)(a)(i) as soon as such material is available at a reasonable
598cost.
599 (iii) Notwithstanding the reflectivity requirement described in Subsection (3)(a)(i), the
600division may manufacture and issue a historical support special group license plate without a
601fully reflective plate face if:
602 (A) the historical special group license plate is requested for a vintage vehicle that has
603a model year of 1980 or older; and
604 (B) the division has manufacturing equipment and technology available to produce the
605plate in small quantities.
606 (b) The division shall prescribe all license plate material specifications and establish
607and implement procedures for conforming to the specifications.
608 (c) The specifications for the materials used such as the aluminum plate substrate, the
609reflective sheeting, and glue shall be drawn in a manner so that at least two manufacturers may
610qualify as suppliers.
611 (d) The granting of contracts for the materials shall be by public bid.
612 (4) (a) The commission may issue, adopt, and require the use of indicia of registration
613it considers advisable in lieu of or in conjunction with license plates as provided in this part.
614 (b) All provisions of this part relative to license plates apply to these indicia of
615registration, so far as the provisions are applicable.
616 (5) A violation of this section is an infraction.
617 Section 9. Section 41-1a-402 is repealed and reenacted to read:
618 41-1a-402. Standard license plates -- Required colors, numerals, and letters --
619Expiration.
620 (1) (a) Upon registering a vehicle, the division shall issue to the owner a standard
621license plate described in Subsection (1)(b) unless the division issues to the owner:
622 (i) a special group license plate in accordance with Section 41-1a-418; or H.B. 26
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623 (ii) an apportioned vehicle license plate in accordance with Section 41-1a-301.
624 (b) The division may offer up to four standard license plate options at one time, each
625with a different design as follows:
626 (i) two designs that incorporate one or more elements that represent the state's
627economy or geography;
628 (ii) one design that represents the state's values or culture; and
629 (iii) one design that commemorates a current event relevant to the state or a significant
630anniversary of a historic event relevant to the state.
631 (c) The division shall offer:
632 (i) each design described in Subsection (1)(b)(i) or (ii) for at least a 10-year period; and
633 (ii) each design described in Subsection (1)(b)(iii) for no more than a five-year period.
634 (d) The division may not offer more than four standard license plate designs at any one
635time.
636 (2) Before the division may offer a design described in Subsection (1)(b), the division
637shall:
638 (a) consult with the Utah Department of Cultural and Community Engagement
639regarding the proposed design;
640 (b) identify which current standard license plate design will be replaced by the
641proposed design;
642 (c) submit the proposed design to the governor for approval; and
643 (d) if the governor approves the design pursuant to Subsection (2)(c), submit to the
644Transportation Interim Committee a request for the Legislature to approve the proposed design
645by concurrent resolution.
646 (3) The division may issue a new standard license plate design only if:
647 (a) the Legislature has by concurrent resolution approved the standard license plate
648design; and
649 (b) sufficient funds are appropriated for the initial costs of production. Enrolled Copy H.B. 26
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650 (4) (a) Except as provided in Subsection (4)(b), the division may not order or produce a
651standard license plate that is discontinued under this section.
652 (b) The division may issue a discontinued standard license plate until the division
653exhausts the discontinued standard license plate's remaining stock.
654 (5) Each license plate shall have displayed on it:
655 (a) the registration number assigned to the vehicle for which the license plate is issued;
656 (b) the name of the state; and
657 (c) unless exempted by Section 41-1a-301 or 41-1a-407, a registration decal showing
658the date of expiration displayed in accordance with Subsection (8).
659 (6) If registration is extended by affixing a registration decal to the license plate, the
660expiration date of the registration decal governs the expiration date of the license plate.
661 (7) (a) Except as provided under Subsection 41-1a-215(2) and Section 41-1a-216,
662license plates shall be renewed annually.
663 (b) (i) The division shall issue the vehicle owner a month registration decal and a year
664registration decal upon the vehicle's first registration with the division.
665 (ii) The division shall issue the vehicle owner only a year registration decal upon
666subsequent renewals of registration to validate registration renewal.
667 (8) Except as otherwise provided by rule:
668 (a) the month registration decal issued in accordance with Subsection (7) shall be
669displayed on the license plate in the left position; and
670 (b) the year registration decal issued in accordance with Subsection (7) shall be
671displayed on the license plate in the right position.
672 (9) The current year registration decal issued in accordance with Subsection (7) shall
673be placed over or in place of the previous year registration decal.
674 (10) If a license plate, month registration decal, or year registration decal is lost or
675destroyed, a replacement shall be issued upon application and payment of the fees required
676under Section 41-1a-1211 or 41-1a-1212. H.B. 26
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677 (11) (a) A violation of this section is an infraction.
678 (b) A court shall waive a fine for a violation under this section if:
679 (i) the registration for the vehicle was current at the time of the citation; and
680 (ii) the person to whom the citation was issued provides, within 21 business days,
681evidence that the license plate and registration decals are properly displayed in compliance with
682this section.
683 (12) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
684the division may make rules regarding the placement and positioning of registration decals on
685license plates issued by the division.
686 Section 10. Section 41-1a-416 is amended to read:
687 41-1a-416. Original issue license plates -- Alternative stickers -- Rulemaking.
688 (1) The owner of a motor vehicle that is a model year 1973 or older may apply to the
689division for permission to display an original issue license plate [of a format and type issued by
690the state in the same year as the model year of the vehicle].
691 (2) [The owner of a motor vehicle who desires to display original issue license plates
692instead of license plates issued under Section 41-1a-401 shall:] An owner described in
693Subsection (1) shall:
694 (a) complete an application on a form provided by the division;
695 [(b) supply and submit the original license plates that the owner desires to display to
696the division for approval; and]
697 (b) supply and submit to the division for approval the original issue license plate that
698the owner intends to display on the motor vehicle; and
699 (c) pay the fees prescribed in Sections 41-1a-1206 and 41-1a-1211.
700 (3) [The division, prior to approval of an application under this section,] Before
701approving an application described in this section, the division shall determine that the original
702issue license [plates] plate:
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
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704state];
705 (b) [have] has numbers and characters that are unique and do not conflict with existing
706license plate series in this state;
707 (c) [are] is legible, durable, and otherwise in a condition that serves the purposes of this
708chapter[, except that original issue license plates are exempt from the provision of Section
70941-1a-401 regarding reflectorization and Section 41-1a-403 regarding legibility from 100 feet];
710and
711 (d) [are] is from the same year of issue as the model year of the motor vehicle on which
712[they are] the original issue license plate is to be displayed.
713 (4) (a) [An] Except as provided in this section, the owner of a motor vehicle displaying
714original issue license plates approved under this section is not exempt from any [other
715requirement of this chapter except as specified under this section.] requirement described in
716this chapter.
717 (b) An original issue license plate approved under this section is exempt from:
718 (i) the provisions of Section 41-1a-401 regarding reflectorization; and
719 (ii) Section 41-1a-403.
720 [(5) (a) An owner of a motor vehicle currently registered in this state whose original
721issue license plates are not approved by the division because of the requirement in Subsection
722(3)(b) may apply to the division for a sticker to allow the temporary display of the original
723issue license plates if:]
724 [(i) the plates otherwise comply with this section;]
725 [(ii) the plates are only displayed when the motor vehicle is used for participating in
726motor vehicle club activities, exhibitions, tours, parades, and similar activities and are not used
727for general daily transportation;]
728 [(iii) the license plates and registration issued under this chapter for normal use of the
729motor vehicle on the highways of this state are kept in the motor vehicle and shown to a peace
730officer on request; and] H.B. 26
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731 [(iv) the sticker issued by the division under this subsection is properly affixed to the
732face of the original issue license plate.]
733 [(b) The sticker issued under this section shall be the size and form customarily
734furnished by the division.]
735 [(6)] (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
736Act, the division may make rules for the implementation of this section.
737 Section 11. Section 41-1a-418 is repealed and reenacted to read:
738 41-1a-418. Authorized special group license plates.
739 (1) In accordance with this chapter, the division shall issue to an eligible applicant a
740special group license plate in one of the following categories:
741 (a) a disability special group license plate issued in accordance with Section 41-1a-420;
742 (b) a special group license plate issued for a:
743 (i) vintage vehicle;
744 (ii) farm truck; or
745 (iii) special group license plate described in Section 41-1a-1602.
746 (2) The division may not issue a new type of special group license plate or symbol
747decal unless the division receives:
748 (a) a private donation for the start-up fee established under Section 63J-1-504 for the
749production and administrative costs of providing the new special group license plate or symbol
750decal; or
751 (b) a legislative appropriation for the start-up fee described in Subsection (2)(a).
752 (3) Notwithstanding other provisions of this chapter, the division may not require a
753contribution as defined in Section 41-1a-1601 for a special group license plate described in
754Subsection (1)(a) or (b).
755 Section 12. Section 41-1a-419 is amended to read:
756 41-1a-419. Plate design -- Vintage vehicle certification and registration --
757Personalized special group license plates -- Rulemaking. Enrolled Copy H.B. 26
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758 (1) [(a) The design and maximum number of numerals or characters on special group
759license plates shall be determined by the division in accordance with the requirements under
760Subsection (1)(b).]
761 (a) In accordance with Subsection (1)(b), the division shall determine the design and
762number of numerals or characters on a special group license plate.
763 (b) (i) Except as provided in Subsection (1)(b)(ii), each special group license plate
764shall display:
765 (A) the word Utah;
766 (B) the name or identifying slogan of the special group;
767 (C) a symbol decal not exceeding two positions in size representing the special group;
768and
769 (D) the combination of letters, numbers, or both uniquely identifying the registered
770vehicle.
771 (ii) The division, in consultation with the Utah State Historical Society, shall design
772the historical support special group license plate, which shall:
773 (A) have a black background;
774 (B) have white characters; and
775 (C) display the word Utah.
776 (2) (a) The division shall, after consultation with a representative designated by the
777[special group] sponsoring organization as defined in Section 41-1a-1601, specify the word or
778words comprising the special group name and the symbol decal to be displayed upon the
779special group license [plates] plate.
780 (b) A special group license plate symbol decal may not be redesigned:
781 (i) unless the division receives a redesign fee established by the division under Section
78263J-1-504; and
783 (ii) more frequently than every five years.
784 (c) [(i) Except as provided in Subsection (2)(c)(ii), a] A special group license plate H.B. 26
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785symbol decal may not be reordered unless the division receives a symbol decal reorder fee
786established by the division [under] in accordance with Section 63J-1-504.
787 [(ii) A recognition special group license plate symbol decal for a currently employed,
788volunteer, or retired firefighter issued in accordance with Subsection 41-1a-418(1)(d)(v) that is
789reordered on or after July 1, 2007, but on or before June 30, 2008, is exempt from the symbol
790decal reorder fee authorized under Subsection (2)(c)(i).]
791 (3) The license plates issued for horseless carriages prior to July 1, 1992, are valid
792without renewal as long as the vehicle is owned by the registered owner and the license plates
793may not be recalled by the division.
794 [(4) A person who meets the criteria established under Sections 41-1a-418 through
79541-1a-422 for issuance of special group license plates may make application in the same
796manner provided in Sections 41-1a-410 and 41-1a-411 for personalized special group license
797plates.]
798 (4) Subject to Subsection 41-1a-411(4)(a), a person who meets the requirements
799described in this part or Part 16, Sponsored Special Group License Plates, for a special group
800license plate may, apply for a personalized special group license plate in accordance with
801Sections 41-1a-410 and 41-1a-411.
802 (5) [The] Subject to this chapter, the commission shall make rules in accordance with
803Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
804 (a) establish qualifying criteria for persons to receive, renew, or surrender special group
805license plates; and
806 (b) establish the [maximum] number of numerals or characters for special group
807license plates.
808 Section 13. Section 41-1a-1201 is amended to read:
809 41-1a-1201. Disposition of fees.
810 (1) All fees received and collected under this part shall be transmitted daily to the state
811treasurer. Enrolled Copy H.B. 26
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812 (2) Except as provided in Subsections (3), (5), (6), (7), and (8), [and (9)] and Sections
813[41-1a-422,] 41-1a-1220, 41-1a-1221, [and] 41-1a-1223, and 41-1a-1603, all fees collected
814under this part shall be deposited into the Transportation Fund.
815 (3) Funds generated under Subsections 41-1a-1211(1)(b)(ii), (6)(b)(ii), [and] (7), and
816(9), and Section 41-1a-1212 [may be used by the commission to cover the costs incurred in
817issuing license plates under Part 4, License Plates and Registration Indicia.] shall be deposited
818into the License Plate Restricted Account created in Section 41-1a-122.
819 [(4) In accordance with Section 63J-1-602.2, all funds available to the commission for
820the purchase and distribution of license plates and decals are nonlapsing.]
821 [(5)] (4) (a) Except as provided in Subsections (3) and [(5)(b)] (4)(b) and Section
82241-1a-1205, the expenses of the commission in enforcing and administering this part shall be
823provided for by legislative appropriation from the revenues of the Transportation Fund.
824 (b) Three dollars of the registration fees imposed under Subsections 41-1a-1206(2)(a)
825and (b) for each vehicle registered for a six-month registration period under Section
82641-1a-215.5 may be used by the commission to cover the costs incurred in enforcing and
827administering this part.
828 (c) Fifty cents of the registration fee imposed under Subsection 41-1a-1206(1)(i) for
829each vintage vehicle that has a model year of 1981 or newer may be used by the commission to
830cover the costs incurred in enforcing and administering this part.
831 [(6)] (5) (a) The following portions of the registration fees imposed under Section
83241-1a-1206 for each vehicle shall be deposited into the Transportation Investment Fund of
8332005 created under Section 72-2-124:
834 (i) $30 of the registration fees imposed under Subsections 41-1a-1206(1)(a), (1)(b),
835(1)(f), (4), and (7);
836 (ii) $21 of the registration fees imposed under Subsections 41-1a-1206(1)(c)(i) and
837(1)(c)(ii);
838 (iii) $2.50 of the registration fee imposed under Subsection 41-1a-1206(1)(e)(ii); H.B. 26
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839 (iv) $23 of the registration fee imposed under Subsection 41-1a-1206(1)(d)(i);
840 (v) $24.50 of the registration fee imposed under Subsection 41-1a-1206(1)(e)(i); and
841 (vi) $1 of the registration fee imposed under Subsection 41-1a-1206(1)(d)(ii).
842 (b) The following portions of the registration fees collected for each vehicle registered
843for a six-month registration period under Section 41-1a-215.5 shall be deposited into the
844Transportation Investment Fund of 2005 created by Section 72-2-124:
845 (i) $23.25 of each registration fee collected under Subsection 41-1a-1206(2)(a)(i); and
846 (ii) $23 of each registration fee collected under Subsection 41-1a-1206(2)(a)(ii).
847 [(7)] (6) (a) Ninety-four cents of each registration fee imposed under Subsections
84841-1a-1206(1)(a) and (b) for each vehicle shall be deposited into the Public Safety Restricted
849Account created in Section 53-3-106.
850 (b) Seventy-one cents of each registration fee imposed under Subsections
85141-1a-1206(2)(a) and (b) for each vehicle registered for a six-month registration period under
852Section 41-1a-215.5 shall be deposited into the Public Safety Restricted Account created in
853Section 53-3-106.
854 [(8)] (7) (a) One dollar of each registration fee imposed under Subsections
85541-1a-1206(1)(a) and (b) for each vehicle shall be deposited into the Motor Vehicle Safety
856Impact Restricted Account created in Section 53-8-214.
857 (b) One dollar of each registration fee imposed under Subsections 41-1a-1206(2)(a)
858and (b) for each vehicle registered for a six-month registration period under Section
85941-1a-215.5 shall be deposited into the Motor Vehicle Safety Impact Restricted Account
860created in Section 53-8-214.
861 [(9)] (8) Fifty cents of each registration fee imposed under Subsection
86241-1a-1206(1)(a) for each motorcycle shall be deposited into the Spinal Cord and Brain Injury
863Rehabilitation Fund created in Section 26-54-102.
864 Section 14. Section 41-1a-1204 is amended to read:
865 41-1a-1204. Automobile driver education fee -- Amount -- When paid -- Enrolled Copy H.B. 26
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866Exception.
867 (1) Each year there is levied and shall be paid to the commission the automobile driver
868education fee.
869 (2) (a) Except as provided in Subsections (2)(b) and (c), the fee is $2.50 upon each
870motor vehicle to be registered for a one-year registration period.
871 (b) The fee is $2.00 upon each motor vehicle to be registered under Section
87241-1a-215.5 for a six-month registration period.
873 (c) The following registrations are exempt from the fee in Subsection (2)(a) or (b):
874 (i) a motorcycle registration; and
875 (ii) a registration of a vehicle with a Purple Heart special group license plate issued [in
876accordance with Section 41-1a-421.]:
877 (A) on or before December 31, 2023; or
878 (B) in accordance with Part 16, Sponsored Special Group License Plates.
879 Section 15. Section 41-1a-1206 is amended to read:
880 41-1a-1206. Registration fees -- Fees by gross laden weight.
881 (1) Except as provided in Subsections (2) and (3), at the time application is made for
882registration or renewal of registration of a vehicle or combination of vehicles under this
883chapter, a registration fee shall be paid to the division as follows:
884 (a) $46.00 for each motorcycle;
885 (b) $44 for each motor vehicle of 12,000 pounds or less gross laden weight, excluding
886motorcycles;
887 (c) unless the semitrailer or trailer is exempt from registration under Section 41-1a-202
888or is registered under Section 41-1a-301:
889 (i) $31 for each trailer or semitrailer over 750 pounds gross unladen weight; or
890 (ii) $28.50 for each commercial trailer or commercial semitrailer of 750 pounds or less
891gross unladen weight;
892 (d) (i) $53 for each farm truck over 12,000 pounds, but not exceeding 14,000 pounds H.B. 26
Enrolled Copy
- 34 -
893gross laden weight; plus
894 (ii) $9 for each 2,000 pounds over 14,000 pounds gross laden weight;
895 (e) (i) $69.50 for each motor vehicle or combination of motor vehicles, excluding farm
896trucks, over 12,000 pounds, but not exceeding 14,000 pounds gross laden weight; plus
897 (ii) $19 for each 2,000 pounds over 14,000 pounds gross laden weight;
898 (f) (i) $69.50 for each park model recreational vehicle over 12,000 pounds, but not
899exceeding 14,000 pounds gross laden weight; plus
900 (ii) $19 for each 2,000 pounds over 14,000 pounds gross laden weight;
901 (g) $45 for each vintage vehicle that has a model year of 1981 or newer;
902 (h) in addition to the fee described in Subsection (1)(b):
903 (i) an amount equal to the road usage charge cap described in Section 72-1-213.1 for:
904 (A) each electric motor vehicle; and
905 (B) Each motor vehicle not described in this Subsection (1)(h) that is fueled
906exclusively by a source other than motor fuel, diesel fuel, natural gas, or propane;
907 (ii) $21.75 for each hybrid electric motor vehicle; and
908 (iii) $56.50 for each plug-in hybrid electric motor vehicle; and
909 (i) in addition to the fee described in Subsection (1)(g), for a vintage vehicle that has a
910model year of 1981 or newer, 50 cents.
911 (2) (a) At the time application is made for registration or renewal of registration of a
912vehicle under this chapter for a six-month registration period under Section 41-1a-215.5, a
913registration fee shall be paid to the division as follows:
914 (i) $34.50 for each motorcycle; and
915 (ii) $33.50 for each motor vehicle of 12,000 pounds or less gross laden weight,
916excluding motorcycles.
917 (b) In addition to the fee described in Subsection (2)(a)(ii), for registration or renewal
918of registration of a vehicle under this chapter for a six-month registration period under Section
91941-1a-215.5 a registration fee shall be paid to the division as follows: Enrolled Copy H.B. 26
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920 (i) an amount equal to the road usage charge cap described in Section 72-1-213.1 for:
921 (A) each electric motor vehicle; and
922 (B) each motor vehicle not described in this Subsection (2)(b) that is fueled exclusively
923by a source other than motor fuel, diesel fuel, natural gas, or propane;
924 (ii) $16.50 for each hybrid electric motor vehicle; and
925 (iii) $43.50 for each plug-in hybrid electric motor vehicle.
926 (3) (a) (i) Beginning on January 1, 2019, the commission shall, on January 1, annually
927adjust the registration fees described in Subsections (1)(a), (1)(b), (1)(c)(i), (1)(c)(ii), (1)(d)(i),
928(1)(e)(i), (1)(f)(i), (1)(g), (2)(a), (4)(a), and (7), by taking the registration fee rate for the
929previous year and adding an amount equal to the greater of:
930 (A) an amount calculated by multiplying the registration fee of the previous year by the
931actual percentage change during the previous fiscal year in the Consumer Price Index; and
932 (B) 0.
933 (ii) Beginning on January 1, 2024, the commission shall, on January 1, annually adjust
934the registration fees described in Subsections (1)(h)(ii) and (iii) and (2)(b)(ii) and (iii) by taking
935the registration fee rate for the previous year and adding an amount equal to the greater of:
936 (A) an amount calculated by multiplying the registration fee of the previous year by the
937actual percentage change during the previous fiscal year in the Consumer Price Index; and
938 (B) 0.
939 (b) The amounts calculated as described in Subsection (3)(a) shall be rounded up to the
940nearest 25 cents.
941 (4) (a) The initial registration fee for a vintage vehicle that has a model year of 1980 or
942older is $40.
943 (b) A vintage vehicle that has a model year of 1980 or older is exempt from the
944renewal of registration fees under Subsection (1).
945 (c) A vehicle with a Purple Heart special group license plate issued [in accordance with
946Section 41-1a-421] on or before December 31, 2023, or issued in accordance with Part 16, H.B. 26
Enrolled Copy
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947Sponsored Special Group License Plates, is exempt from the registration fees under Subsection
948(1).
949 (d) A camper is exempt from the registration fees under Subsection (1).
950 (5) If a motor vehicle is operated in combination with a semitrailer or trailer, each
951motor vehicle shall register for the total gross laden weight of all units of the combination if the
952total gross laden weight of the combination exceeds 12,000 pounds.
953 (6) (a) Registration fee categories under this section are based on the gross laden
954weight declared in the licensee's application for registration.
955 (b) Gross laden weight shall be computed in units of 2,000 pounds. A fractional part
956of 2,000 pounds is a full unit.
957 (7) The owner of a commercial trailer or commercial semitrailer may, as an alternative
958to registering under Subsection (1)(c), apply for and obtain a special registration and license
959plate for a fee of $130.
960 (8) Except as provided in Section 41-6a-1642, a truck may not be registered as a farm
961truck unless:
962 (a) the truck meets the definition of a farm truck under Section 41-1a-102; and
963 (b) (i) the truck has a gross vehicle weight rating of more than 12,000 pounds; or
964 (ii) the truck has a gross vehicle weight rating of 12,000 pounds or less and the owner
965submits to the division a certificate of emissions inspection or a waiver in compliance with
966Section 41-6a-1642.
967 (9) A violation of Subsection (8) is an infraction that shall be punished by a fine of not
968less than $200.
969 (10) Trucks used exclusively to pump cement, bore wells, or perform crane services
970with a crane lift capacity of five or more tons, are exempt from 50% of the amount of the fees
971required for those vehicles under this section.
972 Section 16. Section 41-1a-1211 is amended to read:
973 41-1a-1211. License plate fees -- Application fees for issuance and renewal of Enrolled Copy H.B. 26
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974personalized and special group license plates -- Replacement fee for license plates --
975Postage fees.
976 (1) (a) Except as provided in Subsections (11), (12), (13), and (14), a license plate fee
977established in accordance with Section 63J-1-504 shall be paid to the division for the issuance
978of any new license plate under Part 4, License Plates and Registration Indicia.
979 (b) The license plate fee shall be deposited as follows:
980 (i) $1 in the Transportation Fund; and
981 (ii) the remainder of the fee charged under Subsection (1)(a) into the License Plate
982Restricted Account, as provided in Section 41-1a-1201.
983 (2) An applicant for original issuance of personalized license plates issued under
984Section 41-1a-410 shall pay a $50 per set license plate application fee in addition to the fee
985required in Subsection (1).
986 (3) Beginning July 1, 2003, a person who applies for a special group license plate shall
987pay a $5 fee for the original set of license plates in addition to the fee required under
988Subsection (1).
989 (4) An applicant for original issuance of personalized special group license plates shall
990pay the license plate application fees required in Subsection (2) in addition to the license plate
991fees and license plate application fees established under Subsections (1) and (3).
992 (5) An applicant for renewal of personalized license plates issued under Section
99341-1a-410 shall pay a $10 per set application fee.
994 (6) (a) The division may charge a fee established under Section 63J-1-504 to recover
995the costs for the replacement of any license plate issued under Part 4, License Plates and
996Registration Indicia.
997 (b) The license plate fee shall be deposited as follows:
998 (i) $1 in the Transportation Fund; and
999 (ii) the remainder of the fee charged under Subsection (6)(a) into the License Plate
1000Restricted Account, as provided in Section 41-1a-1201. H.B. 26
Enrolled Copy
- 38 -
1001 (7) (a) The division may charge a fee established under Section 63J-1-504 to recover
1002[its] the division's costs for the replacement of [decals] a symbol decal issued under Section
100341-1a-418.
1004 (b) The fee described in Subsection (7)(a) shall be deposited into the License Plate
1005Restricted Account as described in Section 41-1a-1201.
1006 (8) The division may charge a fee established under Section 63J-1-504 to recover the
1007cost of issuing stickers under Section 41-1a-416.
1008 (9) In addition to any other fees required by this section, the division shall assess a fee
1009established under Section 63J-1-504 to cover postage expenses if new or replacement license
1010plates are mailed to the applicant.
1011 (10) The fees required under this section are separate from and in addition to
1012registration fees required under Section 41-1a-1206.
1013 (11) (a) An applicant for a license plate issued under Section 41-1a-407 is not subject
1014to the license plate fee under Subsection (1).
1015 (b) An applicant for a Purple Heart special group license plate issued [in accordance
1016with Section 41-1a-421] on or before December 31, 2023, or issued in accordance with Part 16,
1017Sponsored Special Group License Plates, is exempt from the fees under Subsections (1), (3),
1018and (7).
1019 (12) A person is exempt from the fee under Subsection (1) or (6) if the person:
1020 (a) was issued a clean fuel special group license plate in accordance with Section
102141-1a-418 prior to the effective date of rules made by the Department of Transportation under
1022Subsection 41-6a-702(5)(b);
1023 (b) beginning on the effective date of rules made by the Department of Transportation
1024authorized under Subsection 41-6a-702(5)(b), is no longer eligible for a clean fuel special
1025group license plate under the rules made by the Department of Transportation; and
1026 (c) upon renewal or reissuance, is required to replace the clean fuel special group
1027license plate with a new license plate. Enrolled Copy H.B. 26
- 39 -
1028 [(13) Until June 30, 2011, a person is exempt from the license plate fee under
1029Subsection (1) or (6) if the person:]
1030 [(a) was issued a firefighter recognition special group license plate in accordance with
1031Section 41-1a-418 prior to July 1, 2009;]
1032 [(b) upon renewal of the person's vehicle registration on or after July 1, 2009, is not a
1033contributor to the Firefighter Support Restricted Account as required under Section 41-1a-418;
1034and]
1035 [(c) is required to replace the firefighter special group license plate with a new license
1036plate in accordance with Section 41-1a-418.]
1037 [(14) A person is not subject to the license plate fee under Subsection (1) if the person
1038presents official documentation that the person is a recipient of the Purple Heart Award
1039issued:]
1040 [(a) by a recognized association representing peace officers who:]
1041 [(i) receives a salary from a federal, state, county, or municipal government or any
1042subdivision of the state; and]
1043 [(ii) works in the state; or]
1044 [(b) in accordance with Subsection 41-1a-421(2).]
1045 (13) An individual is exempt from the license plate fee under Subsection (1) if the
1046individual presents official documentation that the individual is a recipient of the Purple Heart
1047Award in one of the following forms:
1048 (a) official documentation issued by a recognized association representing peace
1049officers who:
1050 (i) receive a salary from a federal, state, county, or municipal government or any other
1051subdivision of the state; and
1052 (ii) work in the state;
1053 (b) a membership card in the Military Order of the Purple Heart; or
1054 (c) an original or certificate in lieu of the applicant's military discharge form, DD-214, H.B. 26
Enrolled Copy
- 40 -
1055issued by the National Personnel Records Center.
1056 Section 17. Section 41-1a-1212 is amended to read:
1057 41-1a-1212. Fee for replacement of license plate decals.
1058 (1) A fee established in accordance with Section 63J-1-504 shall be paid to the division
1059for the replacement of a license plate registration decal required by Section 41-1a-402 or a
1060registration decal required by Section 41-1a-401.
1061 (2) The fee described in Subsection (1) shall be deposited into the License Plate
1062Restricted Account created in Section 41-1a-122.
1063 Section 18. Section 41-1a-1218 is amended to read:
1064 41-1a-1218. Uninsured motorist identification fee for tracking motor vehicle
1065insurance -- Exemption -- Deposit.
1066 (1) (a) Except as provided in Subsections (1)(b) and (c), at the time application is made
1067for registration or renewal of registration of a motor vehicle under this chapter, the applicant
1068shall pay an uninsured motorist identification fee of $1 on each motor vehicle.
1069 (b) Except as provided in Subsection (1)(c), at the time application is made for
1070registration or renewal of registration of a motor vehicle for a six-month registration period
1071under Section 41-1a-215.5, the applicant shall pay an uninsured motorist identification fee of
107275 cents on each motor vehicle.
1073 (c) The following are exempt from the fee required under Subsection (1)(a) or (b):
1074 (i) a commercial vehicle registered as part of a fleet under Section 41-1a-222 or
1075Section 41-1a-301;
1076 (ii) a motor vehicle that is exempt from the registration fee under Section 41-1a-1209
1077or Subsection 41-1a-419(3); and
1078 (iii) a motor vehicle with a Purple Heart special group license plate issued [in
1079accordance with Section 41-1a-421.]:
1080 (A) on or before December 31, 2023; or
1081 (B) in accordance with Part 16, Sponsored Special Group License Plates. Enrolled Copy H.B. 26
- 41 -
1082 (2) The revenue generated under this section shall be deposited in the Uninsured
1083Motorist Identification Restricted Account created in Section 41-12a-806.
1084 Section 19. Section 41-1a-1222 is amended to read:
1085 41-1a-1222. Local option highway construction and transportation corridor
1086preservation fee -- Exemptions -- Deposit -- Transfer -- County ordinance -- Notice.
1087 (1) As used in this section:
1088 (a) "Metro township" means the same as that term is defined in Section 10-2a-403.
1089 (b) "Unincorporated" means the same as that term is defined in Section 10-1-104.
1090 (2) (a) (i) Except as provided in Subsection (2)(a)(ii), a county legislative body may
1091impose a local option highway construction and transportation corridor preservation fee of up
1092to $10 on each motor vehicle registration within the county.
1093 (ii) A county legislative body may impose a local option highway construction and
1094transportation corridor preservation fee of up to $7.75 on each motor vehicle registration for a
1095six-month registration period under Section 41-1a-215.5 within the county.
1096 (iii) A fee imposed under Subsection (2)(a)(i) or (ii) shall be set in whole dollar
1097increments.
1098 (b) If imposed under Subsection (2)(a), at the time application is made for registration
1099or renewal of registration of a motor vehicle under this chapter, the applicant shall pay the local
1100option highway construction and transportation corridor preservation fee established by the
1101county legislative body.
1102 (c) The following are exempt from the fee required under Subsection (2)(a):
1103 (i) a motor vehicle that is exempt from the registration fee under Section 41-1a-1209 or
1104Subsection 41-1a-419(3);
1105 (ii) a commercial vehicle with an apportioned registration under Section 41-1a-301;
1106and
1107 (iii) a motor vehicle with a Purple Heart special group license plate issued [in
1108accordance with Section 41-1a-421.]: H.B. 26
Enrolled Copy
- 42 -
1109 (A) on or before December 31, 2023; or
1110 (B) in accordance with Part 16, Sponsored Special Group License Plates.
1111 (3) (a) Except as provided in Subsection (3)(b), the revenue generated under this
1112section shall be:
1113 (i) deposited in the Local Highway and Transportation Corridor Preservation Fund
1114created in Section 72-2-117.5;
1115 (ii) credited to the county from which it is generated; and
1116 (iii) used and distributed in accordance with Section 72-2-117.5.
1117 (b) The revenue generated by a fee imposed under this section in a county of the first
1118class shall be deposited or transferred as follows:
1119 (i) 50% of the revenue shall be:
1120 (A) deposited in the County of the First Class Highway Projects Fund created in
1121Section 72-2-121; and
1122 (B) used in accordance with Section 72-2-121;
1123 (ii) 30% of the revenue shall be deposited, credited, and used as provided in Subsection
1124(3)(a); and
1125 (iii) 20% of the revenue shall be transferred to the legislative body of a county of the
1126first class.
1127 (4) Beginning in a fiscal year beginning on or after July 1, 2023, and for 15 years
1128thereafter, the legislative body of the county of the first class shall annually transfer, from the
1129revenue transferred to the legislative body of a county of the first class as described in
1130Subsection (3)(b)(iii):
1131 (a) $300,000 to Kearns township; and
1132 (b) $225,000 to Magna township.
1133 (5) To impose or change the amount of a fee under this section, the county legislative
1134body shall pass an ordinance:
1135 (a) approving the fee; Enrolled Copy H.B. 26
- 43 -
1136 (b) setting the amount of the fee; and
1137 (c) providing an effective date for the fee as provided in Subsection (6).
1138 (6) (a) If a county legislative body enacts, changes, or repeals a fee under this section,
1139the enactment, change, or repeal shall take effect on July 1 if the commission receives notice
1140meeting the requirements of Subsection (6)(b) from the county prior to April 1.
1141 (b) The notice described in Subsection (6)(a) shall:
1142 (i) state that the county will enact, change, or repeal a fee under this part;
1143 (ii) include a copy of the ordinance imposing the fee; and
1144 (iii) if the county enacts or changes the fee under this section, state the amount of the
1145fee.
1146 Section 20. Section 41-1a-1305 is amended to read:
1147 41-1a-1305. License plate and registration card violations -- Class C
1148misdemeanor.
1149 It is a class C misdemeanor:
1150 (1) to break, injure, interfere with, or remove from any vehicle any seal, lock, or device
1151on it for holding or displaying any license plate or registration card attached for denoting
1152registration and identity of the vehicle;
1153 (2) to remove from any registered vehicle the license plate or registration card issued or
1154attached to it for its registration;
1155 (3) to place or display any license plate or registration card upon any other vehicle than
1156the one for which it was issued by the division;
1157 (4) to use or permit the use or display of any license plate, registration card, or permit
1158upon or in the operation of any vehicle other than that for which it was issued;
1159 (5) to operate upon any highway of this state any vehicle required by law to be
1160registered without having the license plate or plates securely attached, except that the
1161registration card issued by the division to all trailers and semitrailers shall be carried in the
1162towing vehicle; H.B. 26
Enrolled Copy
- 44 -
1163 (6) for any weighmaster to knowingly make any false entry in his record of weights of
1164vehicles subject to registration or to knowingly report to the commission or division any false
1165information regarding the weights;
1166 (7) for any inspector, officer, agent, employee, or other person performing any of the
1167functions required for the registration or operation of vehicles subject to registration, to do,
1168permit, cause, connive at, or permit to be done any act with the intent, or knowledge that the
1169probable effect of the act would be to injure any person, deprive him of his property, or to
1170injure or defraud the state with respect to its revenues relating to title or registration of
1171vehicles;
1172 (8) for any person to combine or conspire with another to do, attempt to do, or cause or
1173allow any of the acts in this chapter classified as a misdemeanor;
1174 (9) to operate any motor vehicle with a camper mounted on it upon any highway
1175without displaying a current registration decal in clear sight upon the rear of the camper, issued
1176by the county assessor of the county in which the camper has situs for taxation;
1177 (10) to manufacture, use, display, or sell any facsimile or reproduction of any license
1178plate issued by the division or any article that would appear to be a substitute for a license
1179plate; or
1180 (11) to fail to return to the division any registration card, license plate or plates,
1181registration decal, permit, or title that has been canceled, suspended, voided, or revoked.
1182 Section 21. Section 41-1a-1601 is enacted to read:
1183 41-1a-1601. Definitions.
1184 As used in this part:
1185 (1) "Applicant" means a registered owner who submits an application to obtain or
1186renew a sponsored special group license plate in accordance with this part.
1187 (2) (a) "Charitable purpose" means:
1188 (i) relief of the poor, the distressed, or the underprivileged;
1189 (ii) advancement of religion; Enrolled Copy H.B. 26
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1190 (iii) advancement of education or science;
1191 (iv) erecting or maintaining a public building, monument, or work;
1192 (v) reducing the burdens of government;
1193 (vi) reducing neighborhood tensions;
1194 (vii) eliminating prejudice and discrimination;
1195 (viii) defending human rights and civil rights secured by law; or
1196 (ix) combating community deterioration and juvenile delinquency.
1197 (b) "Charitable purpose" does not include providing, encouraging, or paying for the
1198costs of obtaining an abortion.
1199 (3) "Collegiate special group license plate" means a sponsored special group license
1200plate issued to a contributor to an institution.
1201 (4) "Contributor" means an applicant who contributes the required contribution to a
1202sponsoring organization for a sponsored special group license plate.
1203 (5) (a) "Existing special group license plate" means a special group license plate that
1204the division issues before January 1, 2024.
1205 (b) "Existing special group license plate" does not include a special group license plate
1206described in Subsection 41-1a-418(1)(a) or (b).
1207 (6) "Existing state agency recognition special group license plate" means an existing
1208special group license plate issued to a registered owner who:
1209 (a) has a special license that supports or furthers a government purpose;
1210 (b) has received an honor that supports or furthers a government purpose;
1211 (c) has achieved an accomplishment that supports or furthers a government purpose; or
1212 (d) holds an elected office.
1213 (7) "Institution" means:
1214 (a) a state institution of higher education as defined in Section 53B-3-102; or
1215 (b) a private institution of higher education in the state accredited by a regional or
1216national accrediting agency recognized by the United States Department of Education. H.B. 26
Enrolled Copy
- 46 -
1217 (8) (a) "Private nonprofit organization" means a private nonprofit organization that:
1218 (i) qualifies as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
1219and
1220 (ii) has a charitable purpose.
1221 (b) "Private nonprofit organization" does not include an organization that provides,
1222encourages, or pays for the costs of obtaining an abortion.
1223 (9) "Private nonprofit special group license plate" means a sponsored special group
1224license plate issued to a contributor to a private nonprofit organization.
1225 (10) "Required contribution" means:
1226 (a) the minimum annual contribution amount established under Subsection
122741-1a-1603(4)(a)(iii); or
1228 (b) if the sponsoring organization establishes a minimum annual contribution amount
1229in accordance with Subsection 41-1a-1603(4)(b) that is greater than the minimum required
1230contribution amount established under Subsection 41-1a-1603(4)(a)(iii), the amount the
1231sponsoring organization establishes.
1232 (11) "Special group license plate" means:
1233 (a) a collegiate special group license plate;
1234 (b) a private nonprofit special group license plate;
1235 (c) a sponsored special group license plate;
1236 (d) a state agency recognition special group license plate; or
1237 (e) a state agency support special group license plate.
1238 (12) "Sponsored special group license plate" means a license plate:
1239 (a) designed for and associated with a sponsoring organization; and
1240 (b) issued to an applicant in accordance with this part.
1241 (13) "Sponsoring organization" means an institution, a private nonprofit organization,
1242or a state agency that is or seeks to be associated with a sponsored special group license plate
1243created under this part. Enrolled Copy H.B. 26
- 47 -
1244 (14) "State agency recognition special group license plate" means a sponsored special
1245group license plate issued to an applicant who:
1246 (a) has a special license that supports or furthers a government purpose;
1247 (b) has received an honor that supports or furthers a government purpose;
1248 (c) has achieved an accomplishment that supports or furthers a government purpose; or
1249 (d) holds an elected office.
1250 (15) (a) "State agency support special group license plate" means:
1251 (i) a sponsored special group license plate issued to a contributor to a state agency to
1252support a specific state agency program; or
1253 (ii) an existing special group license plate issued for a special interest vehicle.
1254 (b) "State agency support special group license plate" includes a cancer support license
1255plate created by an act of the Legislature before December 31, 2022.
1256 Section 22. Section 41-1a-1602 is enacted to read:
1257 41-1a-1602. Sponsored special group license plate program.
1258 (1) The division shall establish and administer a sponsored special group license plate
1259program as described in this part.
1260 (2) The division shall issue to an applicant who satisfies the requirements of this part
1261one of the following:
1262 (a) a collegiate special group license plate;
1263 (b) a private nonprofit special group license plate;
1264 (c) a state agency support special group license plate; or
1265 (d) a state agency recognition special group license plate.
1266 Section 23. Section 41-1a-1603 is enacted to read:
1267 41-1a-1603. Application requirements -- Fees -- Contributions -- Rulemaking.
1268 (1) An applicant for a sponsored special group license plate shall submit to the
1269division:
1270 (a) in a form and manner that the division prescribes, a complete application; H.B. 26
Enrolled Copy
- 48 -
1271 (b) payment of the fee for the issuance of the sponsored special group license plate
1272established under Subsection (4)(a)(i);
1273 (c) the required contribution for the sponsored special group license plate, unless the
1274applicant previously paid the required contribution as part of a preorder application described
1275in Subsection (4); and
1276 (d) if the sponsoring organization elects to require verification as described in Section
127741-1a-1604, a verification form obtained from the sponsoring organization.
1278 (2) An applicant who owns a vehicle with the sponsoring organization's sponsored
1279special group license plate shall submit to the division the required contribution to renew the
1280sponsored special group license plate.
1281 (3) (a) An applicant who wishes to obtain a new type of sponsored special group
1282license plate may preorder the new type of sponsored special group license plate by:
1283 (i) submitting to the sponsoring organization associated with the new type of sponsored
1284special group license plate a complete preorder form created by the division; and
1285 (ii) making the required contribution to the sponsoring organization.
1286 (b) After the division approves the sponsoring organization's request for the new type
1287of sponsored special group license plate under Section 41-1a-1604, an applicant who submitted
1288a preorder in accordance with Subsection (3)(a) may apply for the sponsored special group
1289license plate in accordance with Subsection (1).
1290 (4) (a) The division shall, in accordance with Section 63J-1-504, establish:
1291 (i) the fee to charge an applicant for the division's costs of issuing or renewing a
1292sponsored special group license plate or symbol decal;
1293 (ii) the fee to charge a sponsoring organization for the division's costs of designing and
1294administering a new type of sponsored special group license plate; and
1295 (iii) subject to Subsection (4)(b), in an amount equal to at least $25, the minimum
1296annual contribution amount an applicant is required to make to obtain or renew the sponsoring
1297organization's sponsored special group license plate. Enrolled Copy H.B. 26
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1298 (b) A fee paid in accordance with Subsection (4)(a)(i) or (ii) shall be deposited into the
1299License Plate Restricted Account created in Subsection 41-1a-122.
1300 (c) A sponsoring organization may establish a required contribution amount for the
1301sponsoring organization's sponsored special group license plate that is greater than the amount
1302established by the division under Subsection (4)(a)(iii).
1303 (5) An applicant's contribution is a voluntary contribution for funding the sponsoring
1304organization's activities and not a motor vehicle registration fee.
1305 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1306commission may make rules to establish and administer the sponsored special group license
1307plate program.
1308 Section 24. Section 41-1a-1604 is enacted to read:
1309 41-1a-1604. New sponsored special group license plates -- Eligibility criteria.
1310 (1) If a sponsoring organization satisfies the requirements of this part, the division shall
1311approve an application for a new type of sponsored special group license plate and issue the
1312sponsored special group license plate in accordance with this part.
1313 (2) Subject to the other provisions of this part, a sponsoring organization requesting a
1314new type of sponsored special group license plate shall submit to the division, in a form and
1315manner the division prescribes:
1316 (a) a complete application requesting the new type of sponsored special group license
1317plate that includes:
1318 (i) information about the sponsoring organization the division needs to process the
1319request;
1320 (ii) contact information for an individual representing the sponsoring organization;
1321 (iii) if the sponsoring organization establishes a required contribution amount under
1322Subsection 41-1a-1603(4)(b) that is greater than the minimum required contribution amount
1323established under Subsection 41-1a-1603(4)(a)(iii), the amount of the required contribution;
1324 (iv) account information to allow the division to disburse funds from required H.B. 26
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1325contributions the division collects through the sponsored special group license plate program to
1326the sponsoring organization;
1327 (v) a link to a functional website described in Subsection (7); and
1328 (vi) if the sponsoring organization requires an applicant to submit a verification form
1329described in Subsection (8)(b)(i), a statement indicating that a verification form is required;
1330 (b) at least 500 complete preorder applications for the new type of sponsored special
1331group license plate, including verification that each preorder application included the required
1332contribution;
1333 (c) the fee for the cost of designing and administering the new type of sponsored
1334special group license plate established under Subsection 41-1a-1603(4)(a)(ii); and
1335 (d) if the new type of sponsored special group license plate is a private nonprofit
1336special group license plate:
1337 (i) a copy of the Internal Revenue Service letter approving the sponsoring
1338organization's Section 501(c)(3) status;
1339 (ii) an affidavit signed under penalty of perjury declaring that the sponsoring
1340organization has a charitable purpose; and
1341 (iii) an indication of the private nonprofit organization's charitable purpose.
1342 (3) If an application under Subsection (2) is for a special group license plate that was
1343discontinued in accordance with this part, each registered vehicle with the discontinued special
1344group license plate is considered a complete preorder application for the purposes of
1345Subsection (2)(b).
1346 (4) The division:
1347 (a) may share data collected under Subsection (2)(d)(iii) with the Legislature and the
1348state auditor;
1349 (b) may not use the information in Subsection (2)(d)(iii) in deciding whether to
1350approve the sponsoring organization's application; and
1351 (c) is not required to evaluate the accuracy or veracity of information the private Enrolled Copy H.B. 26
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1352nonprofit organization provides under Subsection (2)(d).
1353 (5) Except as otherwise provided in this part, the division may not begin design work
1354on or issue a new type of sponsored special group license plate unless the sponsoring
1355organization satisfies the requirements of Subsection (2).
1356 (6) A sponsoring organization that is a state agency may request a state agency
1357recognition special group license plate without meeting the minimum preorder requirements of
1358Subsection (2)(b) if:
1359 (a) the governor certifies that there is a legitimate government operations purpose for
1360issuing the state agency recognition special group license plate; and
1361 (b) through appropriation or any other source, funds are available to cover the start-up
1362and administrative costs of the state agency recognition special group license plate.
1363 (7) A sponsoring organization of a sponsored special group license plate issued in
1364accordance with this part shall maintain a functional website that:
1365 (a) explains how the sponsoring organization will use the required contributions in
1366accordance with this part;
1367 (b) if applicable, makes available the sponsoring organization's most recent Internal
1368Revenue Service Form 990; and
1369 (c) provides instructions for how to obtain a verification form if the sponsoring
1370organization elects to require verification in accordance with Subsection (8).
1371 (8) (a) A sponsoring organization may establish eligibility requirements for the
1372sponsoring organization's sponsored special group license plate.
1373 (b) If a sponsoring organization establishes eligibility requirements under this
1374subsection, the sponsoring organization shall:
1375 (i) inform the division that a verification form is required as part of an application for
1376the sponsoring organization's sponsored special group license plate;
1377 (ii) establish a process for providing a verification form to an applicant; and
1378 (iii) provide a verification form prescribed by the division to an applicant who satisfies H.B. 26
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1379the sponsoring organization's eligibility requirements.
1380 (9) The division shall begin issuing the new type of sponsored special group license
1381plate no later than six months after the day on which the division receives the items described
1382in Subsection (2).
1383 (10) The division may:
1384 (a) consider a request for a sponsored special group license plate for two or more
1385military branches as a request for a single type of sponsored special group license plate for the
1386purposes of meeting the eligibility criteria described in this section; and
1387 (b) charge an appropriate fee for ordering multiple symbol decals for each military
1388branch.
1389 Section 25. Section 41-1a-1605 is enacted to read:
1390 41-1a-1605. Collegiate special group license plates.
1391 (1) A sponsoring organization that is an institution shall only use funds received
1392through the sponsored special group license plate program for the institution's academic
1393scholarships.
1394 (2) The state auditor may audit each institution to verify that the money an institution
1395collects from contributors is used only for academic scholarships.
1396 Section 26. Section 41-1a-1606 is enacted to read:
1397 41-1a-1606. Private nonprofit special group license plates.
1398 (1) A sponsoring organization that is a private nonprofit organization shall:
1399 (a) only use funds received through the sponsored special group license plate program
1400for the charitable purpose described in the private nonprofit organization's application
1401submitted to the division under Section 41-1a-1603; and
1402 (b) may not use funds received through the sponsored special group license plate
1403program to pay the private nonprofit organization's employee salaries or benefits,
1404administrative costs, or fundraising expenses.
1405 (2) A private nonprofit organization may collect a contributor's personal information Enrolled Copy H.B. 26
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1406for the purposes of future fundraising and any required reporting, if the private nonprofit
1407organization requires a verification form described in Section 41-1a-1604.
1408 (3) The state auditor may audit each private nonprofit organization to verify that the
1409money the private nonprofit organization collects from contributors is used for the private
1410nonprofit organization's charitable purpose in accordance with this part.
1411 Section 27. Section 41-1a-1607 is enacted to read:
1412 41-1a-1607. State agency special group license plates.
1413 A sponsoring organization that is a state agency:
1414 (1) shall only use funds received through the sponsored special group license plate
1415program for the implementation or administration of the state agency's designated program; and
1416 (2) may not direct funds received through the sponsored special group license plate
1417program to a nongovernmental entity.
1418 Section 28. Section 41-1a-1608 is enacted to read:
1419 41-1a-1608. Review -- Discontinuance.
1420 (1) The division shall annually review each sponsored special group license plate to
1421determine the number of registered vehicles with each type of sponsored special group license
1422plate during the preceding calendar year.
1423 (2) (a) The division shall discontinue a type of sponsored special group license plate if
1424for three consecutive calendar years, the division's annual review shows that fewer than 500
1425registered vehicles have that type of sponsored special group license plate.
1426 (b) The division shall discontinue a sponsored special group license plate under
1427Subsection (2)(a) beginning January 1 of the calendar year following the year of the third
1428annual review.
1429 (3) If the division discontinues a type of sponsored special group license plate in
1430accordance with this section, the division may not reinstate the sponsored special group license
1431plate unless the sponsoring organization submits a request for the discontinued sponsored
1432special group license plate in the same manner as a request for a new type of sponsored special H.B. 26
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1433group license plate under Section 41-1a-1604.
1434 (4) (a) A registered owner to whom the division issued an existing special group
1435license plate or a sponsored special group license plate that the division discontinues in
1436accordance with this section may continue to display the license plate upon renewing the motor
1437vehicle's registration.
1438 (b) A registered owner described in Subsection (4)(a) is not required to pay a required
1439contribution to the sponsoring organization associated with the sponsored special group license
1440plate.
1441 (5) The division may not transfer to a new registered owner a special group license
1442plate that is discontinued under this part.
1443 (6) Subsection (2) does not apply to a state agency recognition special group license
1444plate that is an existing special group license plate.
1445 Section 29. Section 41-1a-1609 is enacted to read:
1446 41-1a-1609. Transition of special group license plates created by legislative acts.
1447 (1) Subject to Subsections (2) and (3), the division shall continue to distribute a special
1448group license plate created by an act of the Legislature.
1449 (2) The procedure described in Section 41-1a-1608 regarding discontinuance of a
1450special group license plate applies to a special group license plate created by an act of the
1451Legislature.
1452 (3) (a) Notwithstanding Subsections (1) and (2), an existing recognition special group
1453license plate that is an honorary consul designated by the United States Department of State is
1454discontinued.
1455 (b) A person with an existing recognition special group license plate that is an honorary
1456consul designated by the United States Department of State shall return the honorary consul
1457recognition special group license plate to the division and may not display the honorary consul
1458special group license plate.
1459 (c) Upon renewal of the vehicle registration related to a vehicle with an honorary Enrolled Copy H.B. 26
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1460consul recognition special group license plate, the division shall issue a new license plate to
1461replace the honorary consul special group license plate.
1462 Section 30. Section 41-1a-1610 is enacted to read:
1463 41-1a-1610. Sponsored Special Group License Plate Fund.
1464 (1) As used in this section, "fund" means the Sponsored Special Group License Plate
1465Fund created in Subsection (2).
1466 (2) There is created an expendable special revenue fund known as the "Sponsored
1467Special Group License Plate Fund."
1468 (3) The fund consists of all required contributions the division collects under this part.
1469 (4) The division shall, at least annually, disburse to each sponsoring organization any
1470money, less any fees or actual administrative costs associated with issuing a sponsoring
1471organization's sponsored special group license plate, from the fund.
1472 Section 31. Section 41-6a-1642 is amended to read:
1473 41-6a-1642. Emissions inspection -- County program.
1474 (1) The legislative body of each county required under federal law to utilize a motor
1475vehicle emissions inspection and maintenance program or in which an emissions inspection
1476and maintenance program is necessary to attain or maintain any national ambient air quality
1477standard shall require:
1478 (a) a certificate of emissions inspection, a waiver, or other evidence the motor vehicle
1479is exempt from emissions inspection and maintenance program requirements be presented:
1480 (i) as a condition of registration or renewal of registration; and
1481 (ii) at other times as the county legislative body may require to enforce inspection
1482requirements for individual motor vehicles, except that the county legislative body may not
1483routinely require a certificate of emissions inspection, or waiver of the certificate, more often
1484than required under Subsection (9); and
1485 (b) compliance with this section for a motor vehicle registered or principally operated
1486in the county and owned by or being used by a department, division, instrumentality, agency, or H.B. 26
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1487employee of:
1488 (i) the federal government;
1489 (ii) the state and any of its agencies; or
1490 (iii) a political subdivision of the state, including school districts.
1491 (2) A vehicle owner subject to Subsection (1) shall obtain a motor vehicle emissions
1492inspection and maintenance program certificate of emissions inspection as described in
1493Subsection (1), but the program may not deny vehicle registration based solely on the presence
1494of a defeat device covered in the Volkswagen partial consent decrees or a United States
1495Environmental Protection Agency-approved vehicle modification in the following vehicles:
1496 (a) a 2.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide
1497emissions are mitigated in the state pursuant to a partial consent decree, including:
1498 (i) Volkswagen Jetta, model years 2009, 2010, 2011, 2012, 2013, 2014, and 2015;
1499 (ii) Volkswagen Jetta Sportwagen, model years 2009, 2010, 2011, 2012, 2013, and
15002014;
1501 (iii) Volkswagen Golf, model years 2010, 2011, 2012, 2013, 2014, and 2015;
1502 (iv) Volkswagen Golf Sportwagen, model year 2015;
1503 (v) Volkswagen Passat, model years 2012, 2013, 2014, and 2015;
1504 (vi) Volkswagen Beetle, model years 2013, 2014, and 2015;
1505 (vii) Volkswagen Beetle Convertible, model years 2013, 2014, and 2015; and
1506 (viii) Audi A3, model years 2010, 2011, 2012, 2013, and 2015; and
1507 (b) a 3.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide
1508emissions are mitigated in the state to a settlement, including:
1509 (i) Volkswagen Touareg, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015, and
15102016;
1511 (ii) Audi Q7, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015, and 2016;
1512 (iii) Audi A6 Quattro, model years 2014, 2015, and 2016;
1513 (iv) Audi A7 Quattro, model years 2014, 2015, and 2016; Enrolled Copy H.B. 26
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1514 (v) Audi A8, model years 2014, 2015, and 2016;
1515 (vi) Audi A8L, model years 2014, 2015, and 2016;
1516 (vii) Audi Q5, model years 2014, 2015, and 2016; and
1517 (viii) Porsche Cayenne Diesel, model years 2013, 2014, 2015, and 2016.
1518 (3) (a) The legislative body of a county identified in Subsection (1), in consultation
1519with the Air Quality Board created under Section 19-1-106, shall make regulations or
1520ordinances regarding:
1521 (i) emissions standards;
1522 (ii) test procedures;
1523 (iii) inspections stations;
1524 (iv) repair requirements and dollar limits for correction of deficiencies; and
1525 (v) certificates of emissions inspections.
1526 (b) In accordance with Subsection (3)(a), a county legislative body:
1527 (i) shall make regulations or ordinances to attain or maintain ambient air quality
1528standards in the county, consistent with the state implementation plan and federal
1529requirements;
1530 (ii) may allow for a phase-in of the program by geographical area; and
1531 (iii) shall comply with the analyzer design and certification requirements contained in
1532the state implementation plan prepared under Title 19, Chapter 2, Air Conservation Act.
1533 (c) The county legislative body and the Air Quality Board shall give preference to an
1534inspection and maintenance program that:
1535 (i) is decentralized, to the extent the decentralized program will attain and maintain
1536ambient air quality standards and meet federal requirements;
1537 (ii) is the most cost effective means to achieve and maintain the maximum benefit with
1538regard to ambient air quality standards and to meet federal air quality requirements as related to
1539vehicle emissions; and
1540 (iii) provides a reasonable phase-out period for replacement of air pollution emission H.B. 26
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1541testing equipment made obsolete by the program.
1542 (d) The provisions of Subsection (3)(c)(iii) apply only to the extent the phase-out:
1543 (i) may be accomplished in accordance with applicable federal requirements; and
1544 (ii) does not otherwise interfere with the attainment and maintenance of ambient air
1545quality standards.
1546 (4) The following vehicles are exempt from an emissions inspection program and the
1547provisions of this section:
1548 (a) an implement of husbandry as defined in Section 41-1a-102;
1549 (b) a motor vehicle that:
1550 (i) meets the definition of a farm truck under Section 41-1a-102; and
1551 (ii) has a gross vehicle weight rating of 12,001 pounds or more;
1552 (c) a vintage vehicle as defined in Section 41-21-1:
1553 (i) if the vintage vehicle has a model year of 1980 or older; or
1554 (ii) for a vintage vehicle that has a model year of 1981 or newer, if the owner provides
1555proof of vehicle insurance that is a type specific to a vehicle collector;
1556 (d) a custom vehicle as defined in Section 41-6a-1507;
1557 (e) to the extent allowed under the current federally approved state implementation
1558plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401, et seq., a motor
1559vehicle that is less than two years old on January 1 based on the age of the vehicle as
1560determined by the model year identified by the manufacturer;
1561 (f) a pickup truck, as defined in Section 41-1a-102, with a gross vehicle weight rating
1562of 12,000 pounds or less, if the registered owner of the pickup truck provides a signed
1563statement to the legislative body stating the truck is used:
1564 (i) by the owner or operator of a farm located on property that qualifies as land in
1565agricultural use under Sections 59-2-502 and 59-2-503; and
1566 (ii) exclusively for the following purposes in operating the farm:
1567 (A) for the transportation of farm products, including livestock and its products, Enrolled Copy H.B. 26
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1568poultry and its products, floricultural and horticultural products; and
1569 (B) in the transportation of farm supplies, including tile, fence, and every other thing or
1570commodity used in agricultural, floricultural, horticultural, livestock, and poultry production
1571and maintenance;
1572 (g) a motorcycle as defined in Section 41-1a-102;
1573 (h) an electric motor vehicle as defined in Section 41-1a-102; and
1574 (i) a motor vehicle with a model year of 1967 or older.
1575 (5) The county shall issue to the registered owner who signs and submits a signed
1576statement under Subsection (4)(f) a certificate of exemption from emissions inspection
1577requirements for purposes of registering the exempt vehicle.
1578 (6) A legislative body of a county described in Subsection (1) may exempt from an
1579emissions inspection program a diesel-powered motor vehicle with a:
1580 (a) gross vehicle weight rating of more than 14,000 pounds; or
1581 (b) model year of 1997 or older.
1582 (7) The legislative body of a county required under federal law to utilize a motor
1583vehicle emissions inspection program shall require:
1584 (a) a computerized emissions inspection for a diesel-powered motor vehicle that has:
1585 (i) a model year of 2007 or newer;
1586 (ii) a gross vehicle weight rating of 14,000 pounds or less; and
1587 (iii) a model year that is five years old or older; and
1588 (b) a visual inspection of emissions equipment for a diesel-powered motor vehicle:
1589 (i) with a gross vehicle weight rating of 14,000 pounds or less;
1590 (ii) that has a model year of 1998 or newer; and
1591 (iii) that has a model year that is five years old or older.
1592 (8) (a) Subject to Subsection (8)(c), the legislative body of each county required under
1593federal law to utilize a motor vehicle emissions inspection and maintenance program or in
1594which an emissions inspection and maintenance program is necessary to attain or maintain any H.B. 26
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1595national ambient air quality standard may require each college or university located in a county
1596subject to this section to require its students and employees who park a motor vehicle not
1597registered in a county subject to this section to provide proof of compliance with an emissions
1598inspection accepted by the county legislative body if the motor vehicle is parked on the college
1599or university campus or property.
1600 (b) College or university parking areas that are metered or for which payment is
1601required per use are not subject to the requirements of this Subsection (8).
1602 (c) The legislative body of a county shall make the reasons for implementing the
1603provisions of this Subsection (8) part of the record at the time that the county legislative body
1604takes its official action to implement the provisions of this Subsection (8).
1605 (9) (a) An emissions inspection station shall issue a certificate of emissions inspection
1606for each motor vehicle that meets the inspection and maintenance program requirements
1607established in regulations or ordinances made under Subsection (3).
1608 (b) The frequency of the emissions inspection shall be determined based on the age of
1609the vehicle as determined by model year and shall be required annually subject to the
1610provisions of Subsection (9)(c).
1611 (c) (i) To the extent allowed under the current federally approved state implementation
1612plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401 et seq., the legislative
1613body of a county identified in Subsection (1) shall only require the emissions inspection every
1614two years for each vehicle.
1615 (ii) The provisions of Subsection (9)(c)(i) apply only to a vehicle that is less than six
1616years old on January 1.
1617 (iii) For a county required to implement a new vehicle emissions inspection and
1618maintenance program on or after December 1, 2012, under Subsection (1), but for which no
1619current federally approved state implementation plan exists, a vehicle shall be tested at a
1620frequency determined by the county legislative body, in consultation with the Air Quality
1621Board created under Section 19-1-106, that is necessary to comply with federal law or attain or Enrolled Copy H.B. 26
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1622maintain any national ambient air quality standard.
1623 (iv) If a county legislative body establishes or changes the frequency of a vehicle
1624emissions inspection and maintenance program under Subsection (9)(c)(iii), the establishment
1625or change shall take effect on January 1 if the State Tax Commission receives notice meeting
1626the requirements of Subsection (9)(c)(v) from the county before October 1.
1627 (v) The notice described in Subsection (9)(c)(iv) shall:
1628 (A) state that the county will establish or change the frequency of the vehicle emissions
1629inspection and maintenance program under this section;
1630 (B) include a copy of the ordinance establishing or changing the frequency; and
1631 (C) if the county establishes or changes the frequency under this section, state how
1632frequently the emissions testing will be required.
1633 (d) If an emissions inspection is only required every two years for a vehicle under
1634Subsection (9)(c), the inspection shall be required for the vehicle in:
1635 (i) odd-numbered years for vehicles with odd-numbered model years; or
1636 (ii) in even-numbered years for vehicles with even-numbered model years.
1637 (10) (a) Except as provided in Subsections (9)(b), (c), and (d), the emissions inspection
1638required under this section may be made no more than two months before the renewal of
1639registration.
1640 (b) (i) If the title of a used motor vehicle is being transferred, the owner may use an
1641emissions inspection certificate issued for the motor vehicle during the previous 11 months to
1642satisfy the requirement under this section.
1643 (ii) If the transferor is a licensed and bonded used motor vehicle dealer, the owner may
1644use an emissions inspection certificate issued for the motor vehicle in a licensed and bonded
1645motor vehicle dealer's name during the previous 11 months to satisfy the requirement under
1646this section.
1647 (c) If the title of a leased vehicle is being transferred to the lessee of the vehicle, the
1648lessee may use an emissions inspection certificate issued during the previous 11 months to H.B. 26
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1649satisfy the requirement under this section.
1650 (d) If the motor vehicle is part of a fleet of 101 or more vehicles, the owner may not
1651use an emissions inspection made more than 11 months before the renewal of registration to
1652satisfy the requirement under this section.
1653 (e) If the application for renewal of registration is for a six-month registration period
1654under Section 41-1a-215.5, the owner may use an emissions inspection certificate issued during
1655the previous eight months to satisfy the requirement under this section.
1656 (11) (a) A county identified in Subsection (1) shall collect information about and
1657monitor the program.
1658 (b) A county identified in Subsection (1) shall supply this information to an appropriate
1659legislative committee, as designated by the Legislative Management Committee, at times
1660determined by the designated committee to identify program needs, including funding needs.
1661 (12) If approved by the county legislative body, a county that had an established
1662emissions inspection fee as of January 1, 2002, may increase the established fee that an
1663emissions inspection station may charge by $2.50 for each year that is exempted from
1664emissions inspections under Subsection (9)(c) up to a $7.50 increase.
1665 (13) (a) Except as provided in Subsection 41-1a-1223(1)(c), a county identified in
1666Subsection (1) may impose a local emissions compliance fee on each motor vehicle registration
1667within the county in accordance with the procedures and requirements of Section 41-1a-1223.
1668 (b) A county that imposes a local emissions compliance fee may use revenues
1669generated from the fee for the establishment and enforcement of an emissions inspection and
1670maintenance program in accordance with the requirements of this section.
1671 (c) A county that imposes a local emissions compliance fee may use revenues
1672generated from the fee to promote programs to maintain a local, state, or national ambient air
1673quality standard.
1674 (14) (a) If a county has reason to believe that a vehicle owner has provided an address
1675as required in Section 41-1a-209 to register or attempt to register a motor vehicle in a county Enrolled Copy H.B. 26
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1676other than the county of the bona fide residence of the owner in order to avoid an emissions
1677inspection required under this section, the county may investigate and gather evidence to
1678determine whether the vehicle owner has used a false address or an address other than the
1679vehicle owner's bona fide residence or place of business.
1680 (b) If a county conducts an investigation as described in Subsection (14)(a) and
1681determines that the vehicle owner has used a false or improper address in an effort to avoid an
1682emissions inspection as required in this section, the county may impose a civil penalty of
1683$1,000.
1684 (15) A county legislative body described in Subsection (1) may exempt a motor vehicle
1685from an emissions inspection if:
1686 (a) the motor vehicle is 30 years old or older;
1687 (b) the county determines that the motor vehicle was driven less than 1,500 miles
1688during the preceding 12-month period; and
1689 (c) the owner provides to the county legislative body a statement signed by the owner
1690that states the motor vehicle:
1691 (i) is primarily a collector's item used for:
1692 (A) participation in club activities;
1693 (B) exhibitions;
1694 (C) tours; or
1695 (D) parades; or
1696 (ii) is only used for occasional transportation.
1697 Section 32. Section 53-8-214 is amended to read:
1698 53-8-214. Creation of the Motor Vehicle Safety Impact Restricted Account.
1699 (1) There is created a restricted account within the General Fund known as the Motor
1700Vehicle Safety Impact Restricted Account.
1701 (2) The account includes:
1702 (a) deposits made to the restricted account from registration fees as described in H.B. 26
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1703Subsection [41-1a-1201(8);] 41-1a-1201(7);
1704 (b) donations or deposits made to the account; and
1705 (c) any interest earned on the account.
1706 (3) Upon appropriation, the division may use funds in the account to improve motor
1707vehicle safety, mitigate impacts, and enforce safety provisions, including the following:
1708 (a) hiring new Highway Patrol troopers;
1709 (b) payment of overtime for Highway Patrol troopers; and
1710 (c) acquisition of equipment to improve motor vehicle safety impacts and enforcement.
1711 (4) The division shall annually report to the Executive Offices and Criminal Justice
1712Appropriations Subcommittee to justify expenditures and use of funds in the account.
1713 Section 33. Section 59-10-1319 is amended to read:
1714 59-10-1319. Contribution to Clean Air Fund.
1715 (1) (a) There is created an expendable special revenue fund known as the "Clean Air
1716Fund."
1717 (b) The fund shall consist of all amounts deposited into the fund in accordance with
1718Subsection (2).
1719 (2) (a) Except as provided in Section 59-10-1304, for a taxable year beginning on or
1720after January 1, 2017, a resident or nonresident individual who files an individual income tax
1721return under this chapter may designate on the resident or nonresident individual's individual
1722income tax return a contribution as provided in this section to be:
1723 (i) deposited into the Clean Air Fund; and
1724 (ii) expended as provided in Subsection (3).
1725 (b) The fund shall also consist of amounts deposited into the fund through:
1726 [(i) contributions deposited into the account in accordance with Section 41-1a-422;]
1727 [(ii)] (i) private contributions; and
1728 [(iii)] (ii) donations or grants from public or private entities.
1729 (3) (a) At least once each year, the commission shall disburse from the Clean Air Fund Enrolled Copy H.B. 26
- 65 -
1730all money deposited into the fund since the last disbursement.
1731 (b) The commission shall disburse money under Subsection (3)(a) to the Division of
1732Air Quality for the purpose of:
1733 (i) providing money for grants to individuals or organizations in the state to fund
1734activities intended to improve air quality in the state;
1735 (ii) enhancing programs designed to educate the public about the importance of air
1736quality to the health, well-being, and livelihood of individuals in the state; and
1737 (iii) pay the costs of issuing or reordering Clean Air Support special group license plate
1738decals.
1739 Section 34. Section 62A-15-1103 is amended to read:
1740 62A-15-1103. Governor's Suicide Prevention Fund.
1741 (1) There is created an expendable special revenue fund known as the Governor's
1742Suicide Prevention Fund.
1743 (2) The fund shall consist of donations [described in Section 41-1a-422], gifts, grants,
1744and bequests of real property or personal property made to the fund.
1745 (3) A donor to the fund may designate a specific purpose for the use of the donor's
1746donation, if the designated purpose is described in Subsection (4).
1747 (4) (a) Subject to Subsection (3), money in the fund shall be used for the following
1748activities:
1749 (i) efforts to directly improve mental health crisis response;
1750 (ii) efforts that directly reduce risk factors associated with suicide; and
1751 (iii) efforts that directly enhance known protective factors associated with suicide
1752reduction.
1753 (b) Efforts described in Subsections (4)(a)(ii) and (iii) include the components of the
1754state suicide prevention program described in Subsection 62A-15-1101(3).
1755 (5) The division shall establish a grant application and review process for the
1756expenditure of money from the fund. H.B. 26
Enrolled Copy
- 66 -
1757 (6) The grant application and review process shall describe:
1758 (a) requirements to complete a grant application;
1759 (b) requirements to receive funding;
1760 (c) criteria for the approval of a grant application;
1761 (d) standards for evaluating the effectiveness of a project proposed in a grant
1762application; and
1763 (e) support offered by the division to complete a grant application.
1764 (7) The division shall:
1765 (a) review a grant application for completeness;
1766 (b) make a recommendation to the governor or the governor's designee regarding a
1767grant application;
1768 (c) send a grant application to the governor or the governor's designee for evaluation
1769and approval or rejection;
1770 (d) inform a grant applicant of the governor or the governor's designee's determination
1771regarding the grant application; and
1772 (e) direct the fund administrator to release funding for grant applications approved by
1773the governor or the governor's designee.
1774 (8) The state treasurer shall invest the money in the fund under Title 51, Chapter 7,
1775State Money Management Act, except that all interest or other earnings derived from money in
1776the fund shall be deposited into the fund.
1777 (9) Money in the fund may not be used for the Office of the Governor's administrative
1778expenses that are normally provided for by legislative appropriation.
1779 (10) The governor or the governor's designee may authorize the expenditure of fund
1780money in accordance with this section.
1781 (11) The governor shall make an annual report to the Legislature regarding the status of
1782the fund, including a report on the contributions received, expenditures made, and programs
1783and services funded. Enrolled Copy H.B. 26
- 67 -
1784 Section 35. Section 63G-26-103 is amended to read:
1785 63G-26-103. Protection of personal information.
1786 (1) Except as provided in Subsections (2), (3), and (5), a public agency may not:
1787 (a) require an individual to provide the public agency with personal information or
1788otherwise compel the release of personal information;
1789 (b) require an entity exempt from federal income tax under Section 501(c) of the
1790Internal Revenue Code to provide the public agency with personal information or compel the
1791entity to release personal information;
1792 (c) release, publicize, or otherwise publicly disclose personal information in possession
1793of a public agency; or
1794 (d) request or require a current or prospective contractor or grantee of the public
1795agency to provide the public agency with a list of entities exempt from federal income tax
1796under Section 501(c) of the Internal Revenue Code to which the contractor or grantee has
1797provided financial or nonfinancial support.
1798 (2) Subsection (1) does not apply to:
1799 (a) a disclosure of personal information required under Title 20A, Election Code, Title
180036, Chapter 11, Lobbyist Disclosure and Regulation Act, or any other legal requirement
1801relating to reporting campaign contributions, campaign expenditures, lobbying disclosures, or
1802lobbying expenditures;
1803 (b) a disclosure of personal information expressly required by law;
1804 (c) a disclosure of personal information voluntarily made:
1805 (i) as part of public comment or in a public meeting; or
1806 (ii) in another manner that is publicly accessible;
1807 (d) a disclosure of personal information pursuant to a warrant or court order issued by a
1808court of competent jurisdiction;
1809 (e) a lawful request for discovery of personal information in litigation or a criminal
1810proceeding; H.B. 26
Enrolled Copy
- 68 -
1811 (f) the use of personal information in a legal proceeding;
1812 (g) a public agency sharing personal information with another public agency in
1813accordance with the requirements of law; or
1814 (h) a nonprofit created under Title 11, Chapter 13a, Governmental Nonprofit
1815Corporations Act.
1816 (3) Subsections (1)(a), (b), and (d) do not apply to:
1817 (a) administration or enforcement of Title 13, Chapter 11, Utah Consumer Sales
1818Practices Act, or Title 13, Chapter 22, Charitable Solicitations Act;
1819 (b) the request or use of personal information necessary to the State Tax Commission's
1820administration of tax or motor vehicle laws; or
1821 (c) access to personal information by the Office of the Legislative Auditor General or
1822the state auditor's office to conduct an audit.
1823 (4) A court shall consider whether to:
1824 (a) limit a request for discovery of personal information; or
1825 (b) issue a protective order in relation to the disclosure of personal information
1826obtained or used in relation to a legal proceeding.
1827 (5) Subsection (1) does not apply to disclosure of a contributor[, as defined in Section
182841-1a-422,] to a sponsoring organization [described in Subsection 41-1a-422(3).], as those
1829terms are defined in Section 41-1a-1601.
1830 Section 36. Section 63I-1-241 is amended to read:
1831 63I-1-241. Repeal dates: Title 41.
1832 (1) Subsection [41-1a-1201(9),] 41-1a-1201(8), related to the Spinal Cord and Brain
1833Injury Rehabilitation Fund, is repealed January 1, 2025.
1834 (2) Section 41-3-106, which creates an advisory board related to motor vehicle
1835business regulation, is repealed July 1, 2024.
1836 (3) The following subsections addressing lane filtering are repealed on July 1, 2027:
1837 (a) Subsection 41-6a-102(31) that defines "lane filtering"; Enrolled Copy H.B. 26
- 69 -
1838 (b) Subsection 41-6a-704(5); and
1839 (c) Subsection 41-6a-710(1)(c).
1840 (4) Subsection 41-6a-1406(6)(c)(iii), related to the Spinal Cord and Brain Injury
1841Rehabilitation Fund, is repealed January 1, 2025.
1842 (5) Subsections 41-22-2(1) and 41-22-10(1)(a), which authorize an advisory council
1843that includes in the advisory council's duties addressing off-highway vehicle issues, are
1844repealed July 1, 2027.
1845 (6) Subsection 41-22-8(3), related to the Spinal Cord and Brain Injury Rehabilitation
1846Fund, is repealed January 1, 2025.
1847 Section 37. Section 63I-1-263 is amended to read:
1848 63I-1-263. Repeal dates: Titles 63A to 63N.
1849 (1) Subsection 63A-5b-405(5), relating to prioritizing and allocating capital
1850improvement funding, is repealed July 1, 2024.
1851 (2) Section 63A-5b-1003, State Facility Energy Efficiency Fund, is repealed July 1,
18522023.
1853 (3) Sections 63A-9-301 and 63A-9-302, related to the Motor Vehicle Review
1854Committee, are repealed July 1, 2023.
1855 (4) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
1856 (a) Section 63A-18-102 is repealed;
1857 (b) Section 63A-18-201 is repealed; and
1858 (c) Section 63A-18-202 is repealed.
1859 (5) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
18601, 2028.
1861 (6) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
18622025.
1863 (7) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
18642024. H.B. 26
Enrolled Copy
- 70 -
1865 (8) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
1866repealed July 1, 2023.
1867 (9) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
1868July 1, 2023.
1869 (10) Title 63C, Chapter 23, Education and Mental Health Coordinating Council, is
1870repealed July 1, 2026.
1871 (11) Title 63C, Chapter 27, Cybersecurity Commission, is repealed July 1, 2032.
1872 (12) Title 63C, Chapter 28, Ethnic Studies Commission, is repealed July 1, 2026.
1873 (13) Section 63G-6a-805, which creates the Purchasing from Persons with Disabilities
1874Advisory Board, is repealed July 1, 2026.
1875 (14) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
18762028.
1877 (15) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
18782024.
1879 (16) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
1880 [(17) Subsection 63J-1-602.1(17), relating to the Nurse Home Visiting Restricted
1881Account, is repealed July 1, 2026.]
1882 [(18)] (17) Subsection 63J-1-602.2(6), referring to dedicated credits to the Utah
1883Marriage Commission, is repealed July 1, 2023.
1884 [(19)] (18) Subsection 63J-1-602.2(7), referring to the Trip Reduction Program, is
1885repealed July 1, 2022.
1886 [(20)] (19) Subsection 63J-1-602.2(26), related to the Utah Seismic Safety
1887Commission, is repealed January 1, 2025.
1888 [(21)] (20) Title 63L, Chapter 11, Part 4, Resource Development Coordinating
1889Committee, is repealed July 1, 2027.
1890 [(22)] (21) In relation to the Utah Substance Use and Mental Health Advisory Council,
1891on January 1, 2033: Enrolled Copy H.B. 26
- 71 -
1892 (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
1893repealed;
1894 (b) Section 63M-7-305, the language that states "council" is replaced with
1895"commission";
1896 (c) Subsection 63M-7-305(1)(a) is repealed and replaced with:
1897 "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
1898 (d) Subsection 63M-7-305(2) is repealed and replaced with:
1899 "(2) The commission shall:
1900 (a) provide ongoing oversight of the implementation, functions, and evaluation of the
1901Drug-Related Offenses Reform Act; and
1902 (b) coordinate the implementation of Section 77-18-104 and related provisions in
1903Subsections 77-18-103(2)(c) and (d).".
1904 [(23)] (22) The Crime Victim Reparations and Assistance Board, created in Section
190563M-7-504, is repealed July 1, 2027.
1906 [(24)] (23) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1,
19072026.
1908 [(25)] (24) Title 63N, Chapter 1b, Part 4, Women in the Economy Subcommittee, is
1909repealed January 1, 2025.
1910 [(26)] (25) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
1911 [(27)] (26) Section 63N-2-512, related to the Hotel Impact Mitigation Fund, is repealed
1912July 1, 2028.
1913 [(28)] (27) Title 63N, Chapter 3, Part 9, Strategic Innovation Grant Pilot Program, is
1914repealed July 1, 2027.
1915 [(29)] (28) Title 63N, Chapter 3, Part 11, Manufacturing Modernization Grant
1916Program, is repealed July 1, 2025.
1917 [(30)] (29) In relation to the Rural Employment Expansion Program, on July 1, 2023:
1918 (a) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed; H.B. 26
Enrolled Copy
- 72 -
1919and
1920 (b) Subsection 63N-4-805(5)(b), referring to the Rural Employment Expansion
1921Program, is repealed.
1922 [(31)] (30) In relation to the Board of Tourism Development, on July 1, 2025:
1923 (a) Subsection 63N-2-511(1)(b), which defines "tourism board," is repealed;
1924 (b) Subsections 63N-2-511(3)(a) and (5), the language that states "tourism board" is
1925repealed and replaced with "Utah Office of Tourism";
1926 (c) Subsection 63N-7-101(1), which defines "board," is repealed;
1927 (d) Subsection 63N-7-102(3)(c), which requires the Utah Office of Tourism to receive
1928approval from the Board of Tourism Development, is repealed; and
1929 (e) Title 63N, Chapter 7, Part 2, Board of Tourism Development, is repealed.
1930 [(32)] (31) Subsection 63N-8-103(3)(c), which allows the Governor's Office of
1931Economic Opportunity to issue an amount of tax credit certificates only for rural productions,
1932is repealed on July 1, 2024.
1933 Section 38. Section 63I-2-204 is amended to read:
1934 63I-2-204. Repeal dates: Title 4.
1935 (1) Title 4, Chapter 2, Part 6, Local Food Advisory Council, is repealed November 30,
19362027.
1937 (2) Title 4, Chapter 42, Utah Intracurricular Student Organization Support for
1938Agricultural Education and Leadership, is repealed on July 1, 2024.
1939 [(2)] (3) Section 4-46-104, Transition, is repealed July 1, 2024.
1940 Section 39. Section 63I-2-209 is amended to read:
1941 63I-2-209. Repeal dates: Title 9.
1942 (1) Section 9-9-112, Bears Ears Visitor Center Advisory Committee, is repealed
1943December 31, 2024.
1944 (2) Title 9, Chapter 6, Part 9, COVID-19 Cultural Assistance Grant Program, is
1945repealed June 30, 2021. Enrolled Copy H.B. 26
- 73 -
1946 (3) Title 9, Chapter 17, Humanitarian Service and Educational and Cultural Exchange
1947Restricted Account Act, is repealed on July 1, 2024.
1948 (4) Title 9, Chapter 18, Martin Luther King, Jr. Civil Rights Support Restricted
1949Account Act, is repealed on July 1, 2024.
1950 (5) Title 9, Chapter 19, National Professional Men's Soccer Team Support of Building
1951Communities Restricted Account Act, is repealed on July 1, 2024.
1952 Section 40. Section 63I-2-213 is amended to read:
1953 63I-2-213. Repeal dates: Title 13.
1954 (1) Section 13-1-16 is repealed on July 1, 2024.
1955 (2) Title 13, Chapter 47, Private Employer Verification Act, is repealed on the program
1956start date, as defined in Section 63G-12-102.
1957 Section 41. Section 63I-2-219 is amended to read:
1958 63I-2-219. Repeal dates: Title 19.
1959 (1) Section 19-1-109 is repealed on July 1, 2024.
1960 [(1)] (2) Subsections 19-2-109.2(2) through (10), related to the Compliance Advisory
1961Panel, are repealed July 1, 2023.
1962 [(2)] (3) Section 19-2a-102.5, addressing a study and recommendations for a diesel
1963emission reduction program, is repealed July 1, 2024.
1964 Section 42. Section 63I-2-223 is amended to read:
1965 63I-2-223. Repeal dates: Title 23.
1966 Section 23-14-13.5 is repealed on July 1, 2024.
1967 Section 43. Section 63I-2-226 is amended to read:
1968 63I-2-226. Repeal dates: Title 26 through 26B.
1969 (1) Subsection 26-2-12.6(3), relating to the report for birth certificate fees, is repealed
1970December 31, 2022.
1971 (2) Subsection 26-7-8(3) is repealed January 1, 2027.
1972 (3) Section 26-8a-107 is repealed July 1, 2024. H.B. 26
Enrolled Copy
- 74 -
1973 (4) Subsection 26-8a-203(3)(a)(i) is repealed January 1, 2023.
1974 (5) Section 26-8a-211 is repealed July 1, 2023.
1975 (6) In relation to the Air Ambulance Committee, on July 1, 2024, Subsection
197626-8a-602(1)(a) is amended to read:
1977 "(a) provide the patient or the patient's representative with the following information
1978before contacting an air medical transport provider:
1979 (i) which health insurers in the state the air medical transport provider contracts with;
1980 (ii) if sufficient data is available, the average charge for air medical transport services
1981for a patient who is uninsured or out of network; and
1982 (iii) whether the air medical transport provider balance bills a patient for any charge not
1983paid by the patient's health insurer; and".
1984 (7) Subsection 26-18-2.4(3)(e) is repealed January 1, 2023.
1985 (8) Subsection 26-18-411(8), related to reporting on the health coverage improvement
1986program, is repealed January 1, 2023.
1987 (9) Subsection 26-18-420(5), related to reporting on coverage for in vitro fertilization
1988and genetic testing, is repealed July 1, 2030.
1989 (10) In relation to the Air Ambulance Committee, July 1, 2024, Subsection
199026-21-32(1)(a) is amended to read:
1991 "(a) provide the patient or the patient's representative with the following information
1992before contacting an air medical transport provider:
1993 (i) which health insurers in the state the air medical transport provider contracts with;
1994 (ii) if sufficient data is available, the average charge for air medical transport services
1995for a patient who is uninsured or out of network; and
1996 (iii) whether the air medical transport provider balance bills a patient for any charge not
1997paid by the patient's health insurer; and".
1998 (11) Section 26-21a-302 is repealed on July 1, 2024.
1999 (12) Section 26-21a-304 is repealed on July 1, 2024. Enrolled Copy H.B. 26
- 75 -
2000 [(11)] (13) Subsection 26-33a-106.1(2)(a) is repealed January 1, 2023.
2001 [(12)] (14) Title 26, Chapter 46, Utah Health Care Workforce Financial Assistance
2002Program, is repealed July 1, 2027.
2003 (15) Section 26-58-102 is repealed on July 1, 2024.
2004 [(13)] (16) Subsection 26-61-202(4)(b) is repealed January 1, 2022.
2005 [(14)] (17) Subsection 26-61-202(5) is repealed January 1, 2022.
2006 [(15)] (18) Subsection 26B-1-204(2)(f), relating to the Air Ambulance Committee, is
2007repealed July 1, 2024.
2008 (19) Section 26B-1-302 is repealed on July 1, 2024.
2009 Section 44. Section 63I-2-253 is amended to read:
2010 63I-2-253. Repeal dates: Titles 53 through 53G.
2011 (1) Section 53-1-118 is repealed on July 1, 2024.
2012 (2) Section 53-1-120 is repealed on July 1, 2024.
2013 (3) Section 53-7-109 is repealed on July 1, 2024.
2014 [(1)] (4) (a) Subsection 53B-2a-108(5), regarding exceptions to the composition of a
2015technical college board of trustees, is repealed July 1, 2022.
2016 (b) When repealing Subsection 53B-2a-108(5), the Office of Legislative Research and
2017General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
2018necessary changes to subsection numbering and cross references.
2019 [(2)] (5) Section 53B-6-105.7 is repealed July 1, 2024.
2020 [(3)] (6) Section 53B-7-707 regarding performance metrics for technical colleges is
2021repealed July 1, 2023.
2022 [(4)] (7) Section 53B-8-114 is repealed July 1, 2024.
2023 [(5)] (8) The following provisions, regarding the Regents' scholarship program, are
2024repealed on July 1, 2023:
2025 (a) in Subsection 53B-8-105(12), the language that states, "or any scholarship
2026established under Sections 53B-8-202 through 53B-8-205"; H.B. 26
Enrolled Copy
- 76 -
2027 (b) Section 53B-8-202;
2028 (c) Section 53B-8-203;
2029 (d) Section 53B-8-204; and
2030 (e) Section 53B-8-205.
2031 [(6)] (9) Section 53B-10-101 is repealed on July 1, 2027.
2032 [(7)] (10) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project, is
2033repealed July 1, 2023.
2034 [(8)] (11) Subsection 53E-1-201(1)(s) regarding the report by the Educational
2035Interpretation and Translation Services Procurement Advisory Council is repealed July 1, 2024.
2036 [(9)] (12) Section 53E-1-202.2, regarding a Public Education Appropriations
2037Subcommittee evaluation and recommendations, is repealed January 1, 2024.
2038 [(10)] (13) Subsection 53E-10-309(7), related to the PRIME pilot program, is repealed
2039July 1, 2024.
2040 [(11)] (14) In Subsections 53F-2-205(4) and (5), regarding the State Board of
2041Education's duties if contributions from the minimum basic tax rate are overestimated or
2042underestimated, the language that states "or 53F-2-301.5, as applicable" is repealed July 1,
20432023.
2044 [(12)] (15) Section 53F-2-209, regarding local education agency budgetary flexibility,
2045is repealed July 1, 2024.
2046 [(13)] (16) Subsection 53F-2-301(1), relating to the years the section is not in effect, is
2047repealed July 1, 2023.
2048 [(14)] (17) Section 53F-2-302.1, regarding the Enrollment Growth Contingency
2049Program, is repealed July 1, 2023.
2050 [(15)] (18) Subsection 53F-2-314(4), relating to a one-time expenditure between the
2051at-risk WPU add-on funding and previous at-risk funding, is repealed January 1, 2024.
2052 [(16)] (19) Section 53F-2-524, regarding teacher bonuses for extra work assignments,
2053is repealed July 1, 2024. Enrolled Copy H.B. 26
- 77 -
2054 [(17)] (20) In Subsection 53F-2-515(1), the language that states "or 53F-2-301.5, as
2055applicable" is repealed July 1, 2023.
2056 [(18)] (21) Subsection 53F-4-401(3)(b), regarding a child enrolled or eligible for
2057enrollment in kindergarten, is repealed July 1, 2022.
2058 [(19)] (22) In Subsection 53F-4-404(4)(c), the language that states "Except as provided
2059in Subsection (4)(d)" is repealed July 1, 2022.
2060 [(20)] (23) Subsection 53F-4-404(4)(d) is repealed July 1, 2022.
2061 [(21)] (24) In Subsection 53F-9-302(3), the language that states "or 53F-2-301.5, as
2062applicable" is repealed July 1, 2023.
2063 [(22)] (25) In Subsection 53F-9-305(3)(a), the language that states "or 53F-2-301.5, as
2064applicable" is repealed July 1, 2023.
2065 [(23)] (26) In Subsection 53F-9-306(3)(a), the language that states "or 53F-2-301.5, as
2066applicable" is repealed July 1, 2023.
2067 [(24)] (27) In Subsection 53G-3-304(1)(c)(i), the language that states "or 53F-2-301.5,
2068as applicable" is repealed July 1, 2023.
2069 (28) Section 53F-9-401 is repealed on July 1, 2024.
2070 (29) Section 53F-9-403 is repealed on July 1, 2024.
2071 [(25)] (30) On July 1, 2023, when making changes in this section, the Office of
2072Legislative Research and General Counsel shall, in addition to the office's authority under
2073Subsection 36-12-12(3), make corrections necessary to ensure that sections and subsections
2074identified in this section are complete sentences and accurately reflect the office's perception of
2075the Legislature's intent.
2076 Section 45. Section 63I-2-261 is amended to read:
2077 63I-2-261. Repeal dates: Title 61.
2078 Section 61-2-204 is repealed on July 1, 2024.
2079 Section 46. Section 63I-2-263 is amended to read:
2080 63I-2-263. Repeal dates: Title 63A to Title 63N. H.B. 26
Enrolled Copy
- 78 -
2081 (1) Title 63A, Chapter 2, Part 5, Educational Interpretation and Translation Services
2082Procurement Advisory Council is repealed July 1, 2025.
2083 (2) Section 63A-17-303 is repealed July 1, 2023.
2084 (3) Subsection 63A-17-304(1)(c) is repealed July 1, 2022.
2085 (4) Title 63C, Chapter 22, Digital Wellness, Citizenship, and Safe Technology
2086Commission is repealed July 1, 2023.
2087 (5) Section 63G-1-502 is repealed July 1, 2022.
2088 (6) The following sections regarding the World War II Memorial Commission are
2089repealed July 1, 2022:
2090 (a) Section 63G-1-801;
2091 (b) Section 63G-1-802;
2092 (c) Section 63G-1-803; and
2093 (d) Section 63G-1-804.
2094 [(7) Title 63H, Chapter 5, Utah State Railroad Museum Authority, is repealed on July
20951, 2022.]
2096 [(8)] (7) Section 63H-7a-303 is repealed July 1, 2024.
2097 [(9)] (8) Subsection 63H-7a-403(2)(b), regarding the charge to maintain the public
2098safety communications network, is repealed July 1, 2033.
2099 [(10)] (9) Subsection 63J-1-602.2(44), which lists appropriations to the State Tax
2100Commission for property tax deferral reimbursements, is repealed July 1, 2027.
2101 [(11)] (10) Sections 63M-7-213 and 63M-7-213.5 are repealed January 1, 2023.
2102 [(12)] (11) Section 63M-7-217 is repealed July 1, 2022.
2103 [(13)] (12) Subsection 63N-2-213(12)(a), relating to claiming a tax credit in the same
2104taxable year as the targeted business income tax credit, is repealed December 31, 2024.
2105 [(14)] (13) Title 63N, Chapter 2, Part 3, Targeted Business Income Tax Credit in an
2106Enterprise Zone, is repealed December 31, 2024.
2107 Section 47. Section 63I-2-272 is amended to read: Enrolled Copy H.B. 26
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2108 63I-2-272. Repeal dates: Title 72.
2109 (1) Subsections 72-1-213.1(13)(a) and (b), related to the road usage charge rate and
2110road usage charge cap, are repealed January 1, 2033.
2111 (2) Section 72-1-216.1 is repealed January 1, 2023.
2112 (3) Section 72-2-127 is repealed on July 1, 2024.
2113 (4) Section 72-2-130 is repealed on July 1, 2024.
2114 [(3)] (5) Section 72-4-105.1 is repealed on January 1, 2024.
2115 Section 48. Section 63I-2-278 is amended to read:
2116 63I-2-278. Repeal dates: Title 78A and Title 78B.
2117 (1) Section 78A-2-804 is repealed on July 1, 2024.
2118 [(1)] (2) If Title 78B, Chapter 6, Part 22, Cause of Action to Protect Minors from
2119Unfiltered Devices, is not in effect before January 1, 2031, Title 78B, Chapter 6, Part 22, Cause
2120of Action to Protect Minors from Unfiltered Devices, is repealed January 1, 2031.
2121 [(2)] (3) Sections 78B-12-301 and 78B-12-302 are repealed on January 1, 2025.
2122 Section 49. Section 63I-2-279 is amended to read:
2123 63I-2-279. Repeal dates: Title 79.
2124 (1) Section 79-2-206, Transition, is repealed July 1, 2024.
2125 (2) Title 79, Chapter 6, Part 8, Voluntary Home Energy Information Pilot Program Act,
2126is repealed January 1, 2022.
2127 (3) Section 79-7-303 is repealed on July 1, 2024.
2128 Section 50. Section 63I-2-280 is enacted to read:
2129 63I-2-280. Repeal dates: Title 80.
2130 Section 80-2-502 is repealed on July 1, 2024.
2131 Section 51. Section 63J-1-602.1 is amended to read:
2132 63J-1-602.1. List of nonlapsing appropriations from accounts and funds.
2133 Appropriations made from the following accounts or funds are nonlapsing:
2134 [(1) The Utah Intracurricular Student Organization Support for Agricultural Education H.B. 26
Enrolled Copy
- 80 -
2135and Leadership Restricted Account created in Section 4-42-102.]
2136 [(2)] (1) The Native American Repatriation Restricted Account created in Section
21379-9-407.
2138 [(3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
2139Section 9-18-102.]
2140 [(4) The National Professional Men's Soccer Team Support of Building Communities
2141Restricted Account created in Section 9-19-102.]
2142 [(5)] (2) Funds collected for directing and administering the C-PACE district created in
2143Section 11-42a-106.
2144 [(6)] (3) Money received by the Utah Inland Port Authority, as provided in Section
214511-58-105.
2146 [(7) The "Latino Community Support Restricted Account" created in Section 13-1-16.]
2147 [(8) The Clean Air Support Restricted Account created in Section 19-1-109.]
2148 [(9)] (4) The Division of Air Quality Oil, Gas, and Mining Restricted Account created
2149in Section 19-2a-106.
2150 [(10)] (5) The Division of Water Quality Oil, Gas, and Mining Restricted Account
2151created in Section 19-5-126.
2152 [(11) The "Support for State-Owned Shooting Ranges Restricted Account" created in
2153Section 23-14-13.5.]
2154 [(12)] (6) Award money under the State Asset Forfeiture Grant Program, as provided
2155under Section 24-4-117.
2156 [(13)] (7) Funds collected from the program fund for local health department expenses
2157incurred in responding to a local health emergency under Section 26-1-38.
2158 [(14) The Children with Cancer Support Restricted Account created in Section
215926-21a-304.]
2160 [(15)] (8) State funds for matching federal funds in the Children's Health Insurance
2161Program as provided in Section 26-40-108. Enrolled Copy H.B. 26
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2162 [(16) The Children with Heart Disease Support Restricted Account created in Section
216326-58-102.]
2164 [(17)] (9) The Technology Development Restricted Account created in Section
216531A-3-104.
2166 [(18)] (10) The Criminal Background Check Restricted Account created in Section
216731A-3-105.
2168 [(19)] (11) The Captive Insurance Restricted Account created in Section 31A-3-304,
2169except to the extent that Section 31A-3-304 makes the money received under that section free
2170revenue.
2171 [(20)] (12) The Title Licensee Enforcement Restricted Account created in Section
217231A-23a-415.
2173 [(21)] (13) The Health Insurance Actuarial Review Restricted Account created in
2174Section 31A-30-115.
2175 [(22)] (14) The Insurance Fraud Investigation Restricted Account created in Section
217631A-31-108.
2177 [(23)] (15) The Underage Drinking Prevention Media and Education Campaign
2178Restricted Account created in Section 32B-2-306.
2179 [(24)] (16) The Drinking While Pregnant Prevention Media and Education Campaign
2180Restricted Account created in Section 32B-2-308.
2181 [(25)] (17) The School Readiness Restricted Account created in Section 35A-15-203.
2182 [(26)] (18) Money received by the Utah State Office of Rehabilitation for the sale of
2183certain products or services, as provided in Section 35A-13-202.
2184 [(27)] (19) The Oil and Gas Administrative Penalties Account created in Section
218540-6-11.
2186 [(28)] (20) The Oil and Gas Conservation Account created in Section 40-6-14.5.
2187 [(29)] (21) The Division of Oil, Gas, and Mining Restricted account created in Section
218840-6-23. H.B. 26
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2189 [(30)] (22) The Electronic Payment Fee Restricted Account created by Section
219041-1a-121 to the Motor Vehicle Division.
2191 (23) The License Plate Restricted Account created by Section 41-1a-122 to the Motor
2192Vehicle Division.
2193 [(31)] (24) The Motor Vehicle Enforcement Division Temporary Permit Restricted
2194Account created by Section 41-3-110 to the State Tax Commission.
2195 [(32) The Utah Law Enforcement Memorial Support Restricted Account created in
2196Section 53-1-120.]
2197 [(33)] (25) The State Disaster Recovery Restricted Account to the Division of
2198Emergency Management, as provided in Section 53-2a-603.
2199 [(34)] (26) The Post Disaster Recovery and Mitigation Restricted Account created in
2200Section 53-2a-1302.
2201 [(35)] (27) The Department of Public Safety Restricted Account to the Department of
2202Public Safety, as provided in Section 53-3-106.
2203 [(36)] (28) The Utah Highway Patrol Aero Bureau Restricted Account created in
2204Section 53-8-303.
2205 [(37)] (29) The DNA Specimen Restricted Account created in Section 53-10-407.
2206 [(38)] (30) The Canine Body Armor Restricted Account created in Section 53-16-201.
2207 [(39)] (31) The Technical Colleges Capital Projects Fund created in Section
220853B-2a-118.
2209 [(40)] (32) The Higher Education Capital Projects Fund created in Section
221053B-22-202.
2211 [(41)] (33) A certain portion of money collected for administrative costs under the
2212School Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
2213 [(42)] (34) The Public Utility Regulatory Restricted Account created in Section
221454-5-1.5, subject to Subsection 54-5-1.5(4)(d).
2215 [(43)] (35) Funds collected from a surcharge fee to provide certain licensees with Enrolled Copy H.B. 26
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2216access to an electronic reference library, as provided in Section 58-3a-105.
2217 [(44)] (36) Certain fines collected by the Division of Professional Licensing for
2218violation of unlawful or unprofessional conduct that are used for education and enforcement
2219purposes, as provided in Section 58-17b-505.
2220 [(45)] (37) Funds collected from a surcharge fee to provide certain licensees with
2221access to an electronic reference library, as provided in Section 58-22-104.
2222 [(46)] (38) Funds collected from a surcharge fee to provide certain licensees with
2223access to an electronic reference library, as provided in Section 58-55-106.
2224 [(47)] (39) Funds collected from a surcharge fee to provide certain licensees with
2225access to an electronic reference library, as provided in Section 58-56-3.5.
2226 [(48)] (40) Certain fines collected by the Division of Professional Licensing for use in
2227education and enforcement of the Security Personnel Licensing Act, as provided in Section
222858-63-103.
2229 [(49)] (41) The Relative Value Study Restricted Account created in Section 59-9-105.
2230 [(50)] (42) The Cigarette Tax Restricted Account created in Section 59-14-204.
2231 [(51)] (43) Funds paid to the Division of Real Estate for the cost of a criminal
2232background check for a mortgage loan license, as provided in Section 61-2c-202.
2233 [(52)] (44) Funds paid to the Division of Real Estate for the cost of a criminal
2234background check for principal broker, associate broker, and sales agent licenses, as provided
2235in Section 61-2f-204.
2236 [(53)] (45) Certain funds donated to the Department of Health and Human Services, as
2237provided in Section 26B-1-202.
2238 [(54) The National Professional Men's Basketball Team Support of Women and
2239Children Issues Restricted Account created in Section 26B-1-302.]
2240 [(55)] (46) Certain funds donated to the Division of Child and Family Services, as
2241provided in Section 80-2-404.
2242 [(56) The Choose Life Adoption Support Restricted Account created in Section H.B. 26
Enrolled Copy
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224380-2-502.]
2244 [(57)] (47) Funds collected by the Office of Administrative Rules for publishing, as
2245provided in Section 63G-3-402.
2246 [(58)] (48) The Immigration Act Restricted Account created in Section 63G-12-103.
2247 [(59)] (49) Money received by the military installation development authority, as
2248provided in Section 63H-1-504.
2249 [(60)] (50) The Computer Aided Dispatch Restricted Account created in Section
225063H-7a-303.
2251 [(61)] (51) The Unified Statewide 911 Emergency Service Account created in Section
225263H-7a-304.
2253 [(62)] (52) The Utah Statewide Radio System Restricted Account created in Section
225463H-7a-403.
2255 [(63)] (53) The Utah Capital Investment Restricted Account created in Section
225663N-6-204.
2257 [(64)] (54) The Motion Picture Incentive Account created in Section 63N-8-103.
2258 [(65)] (55) Certain money payable for expenses of the Pete Suazo Utah Athletic
2259Commission, as provided under Section 63N-10-301.
2260 [(66)] (56) Funds collected by the housing of state probationary inmates or state parole
2261inmates, as provided in Subsection 64-13e-104(2).
2262 [(67)] (57) Certain forestry and fire control funds utilized by the Division of Forestry,
2263Fire, and State Lands, as provided in Section 65A-8-103.
2264 [(68)] (58) The Amusement Ride Safety Restricted Account, as provided in Section
226572-16-204.
2266 [(69)] (59) Certain funds received by the Office of the State Engineer for well drilling
2267fines or bonds, as provided in Section 73-3-25.
2268 [(70)] (60) The Water Resources Conservation and Development Fund, as provided in
2269Section 73-23-2. Enrolled Copy H.B. 26
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2270 [(71)] (61) Funds donated or paid to a juvenile court by private sources, as provided in
2271Subsection 78A-6-203(1)(c).
2272 [(72)] (62) Fees for certificate of admission created under Section 78A-9-102.
2273 [(73)] (63) Funds collected for adoption document access as provided in Sections
227478B-6-141, 78B-6-144, and 78B-6-144.5.
2275 [(74)] (64) Funds collected for indigent defense as provided in Title 78B, Chapter 22,
2276Part 4, Utah Indigent Defense Commission.
2277 [(75)] (65) The Utah Geological Survey Oil, Gas, and Mining Restricted Account
2278created in Section 79-3-403.
2279 [(76)] (66) Revenue for golf user fees at the Wasatch Mountain State Park, Palisades
2280State Park, and Green River State Park, as provided under Section 79-4-403.
2281 [(77) Funds donated as described in Section 41-1a-422 for the State Park Fees
2282Restricted Account created in Section 79-4-402 for support of the Division of State Parks' dark
2283sky initiative.]
2284 [(78)] (67) Certain funds received by the Division of State Parks from the sale or
2285disposal of buffalo, as provided under Section 79-4-1001.
2286 Section 52. Section 63J-1-602.2 is amended to read:
2287 63J-1-602.2. List of nonlapsing appropriations to programs.
2288 Appropriations made to the following programs are nonlapsing:
2289 (1) The Legislature and the Legislature's committees.
2290 (2) The State Board of Education, including all appropriations to agencies, line items,
2291and programs under the jurisdiction of the State Board of Education, in accordance with
2292Section 53F-9-103.
2293 (3) The Percent-for-Art Program created in Section 9-6-404.
2294 (4) The LeRay McAllister Critical Land Conservation Program created in Section
22954-46- 301.
2296 (5) The Utah Lake Authority created in Section 11-65-201. H.B. 26
Enrolled Copy
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2297 (6) Dedicated credits accrued to the Utah Marriage Commission as provided under
2298Subsection 17-16-21(2)(d)(ii).
2299 (7) The Division of Wildlife Resources for the appraisal and purchase of lands under
2300the Pelican Management Act, as provided in Section 23-21a-6.
2301 (8) The Emergency Medical Services Grant Program in Section 26-8a-207.
2302 (9) The primary care grant program created in Section 26-10b-102.
2303 (10) Sanctions collected as dedicated credits from Medicaid providers under
2304Subsection 26-18-3(7).
2305 (11) The Utah Health Care Workforce Financial Assistance Program created in Section
230626-46-102.
2307 (12) The Rural Physician Loan Repayment Program created in Section 26-46a-103.
2308 (13) The Opiate Overdose Outreach Pilot Program created in Section 26-55-107.
2309 (14) The Utah Medical Education Council for the:
2310 (a) administration of the Utah Medical Education Program created in Section
231126-69-403;
2312 (b) provision of medical residency grants described in Section 26-69-407; and
2313 (c) provision of the forensic psychiatric fellowship grant described in Section
231426-69-408.
2315 (15) Funds that the Department of Alcoholic Beverage Services retains in accordance
2316with Subsection 32B-2-301(8)(a) or (b).
2317 (16) The General Assistance program administered by the Department of Workforce
2318Services, as provided in Section 35A-3-401.
2319 (17) The Utah National Guard, created in [Title 39, Militia and Armories] Title 39A,
2320National Guard and Militia Act.
2321 [(18) The State Tax Commission under Section 41-1a-1201 for the:]
2322 [(a) purchase and distribution of license plates and decals; and]
2323 [(b) administration and enforcement of motor vehicle registration requirements.] Enrolled Copy H.B. 26
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2324 [(19)] (18) The Search and Rescue Financial Assistance Program, as provided in
2325Section 53-2a-1102.
2326 [(20)] (19) The Motorcycle Rider Education Program, as provided in Section 53-3-905.
2327 [(21)] (20) The Utah Board of Higher Education for teacher preparation programs, as
2328provided in Section 53B-6-104.
2329 [(22)] (21) Innovation grants under Section 53G-10-608, except as provided in
2330Subsection 53G-10-608(6).
2331 [(23)] (22) The Division of Services for People with Disabilities, as provided in
2332Section 62A-5-102.
2333 [(24)] (23) The Division of Fleet Operations for the purpose of upgrading underground
2334storage tanks under Section 63A-9-401.
2335 [(25)] (24) The Utah Seismic Safety Commission, as provided in Section 63C-6-104.
2336 [(26)] (25) The Division of Technology Services for technology innovation as provided
2337under Section 63A-16-903.
2338 [(27)] (26) The Office of Administrative Rules for publishing, as provided in Section
233963G-3-402.
2340 [(28)] (27) The Colorado River Authority of Utah, created in Title 63M, Chapter 14,
2341Colorado River Authority of Utah Act.
2342 [(29)] (28) The Governor's Office of Economic Opportunity to fund the Enterprise
2343Zone Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
2344 [(30)] (29) The Governor's Office of Economic Opportunity's Rural Employment
2345Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural Employment
2346Expansion Program.
2347 [(31)] (30) Programs for the Jordan River Recreation Area as described in Section
234865A-2-8.
2349 [(32)] (31) The Division of Human Resource Management user training program, as
2350provided in Section 63A-17-106. H.B. 26
Enrolled Copy
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2351 [(33)] (32) A public safety answering point's emergency telecommunications service
2352fund, as provided in Section 69-2-301.
2353 [(34)] (33) The Traffic Noise Abatement Program created in Section 72-6-112.
2354 [(35)] (34) The money appropriated from the Navajo Water Rights Negotiation
2355Account to the Division of Water Rights, created in Section 73-2-1.1, for purposes of
2356participating in a settlement of federal reserved water right claims.
2357 [(36)] (35) The Judicial Council for compensation for special prosecutors, as provided
2358in Section 77-10a-19.
2359 [(37)] (36) A state rehabilitative employment program, as provided in Section
236078A-6-210.
2361 [(38)] (37) The Utah Geological Survey, as provided in Section 79-3-401.
2362 [(39)] (38) The Bonneville Shoreline Trail Program created under Section 79-5-503.
2363 [(40)] (39) Adoption document access as provided in Sections 78B-6-141, 78B-6-144,
2364and 78B-6-144.5.
2365 [(41)] (40) Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent
2366Defense Commission.
2367 [(42)] (41) The program established by the Division of Facilities Construction and
2368Management under Section 63A-5b-703 under which state agencies receive an appropriation
2369and pay lease payments for the use and occupancy of buildings owned by the Division of
2370Facilities Construction and Management.
2371 [(43)] (42) The State Tax Commission for reimbursing counties for deferred property
2372taxes in accordance with Section 59-2-1802.
2373 Section 53. Section 71-8-2 is amended to read:
2374 71-8-2. Department of Veterans and Military Affairs created -- Appointment of
2375executive director -- Department responsibilities.
2376 (1) There is created the Department of Veterans and Military Affairs.
2377 (2) The governor shall appoint an executive director for the department, after Enrolled Copy H.B. 26
- 89 -
2378consultation with the Veterans Advisory Council, who is subject to Senate confirmation.
2379 (a) The executive director shall be an individual who:
2380 (i) has served on active duty in the armed forces for more than 180 consecutive days;
2381 (ii) was a member of a reserve component who served in a campaign or expedition for
2382which a campaign medal has been authorized; or
2383 (iii) incurred an actual service-related injury or disability in the line of duty, whether or
2384not that person completed 180 consecutive days of active duty; and
2385 (iv) was separated or retired under honorable conditions.
2386 (b) Any veteran or veterans group may submit names to the council for consideration.
2387 (3) The department shall:
2388 (a) conduct and supervise all veteran activities as provided in this title;
2389 [(b) determine which campaign or combat theater awards are eligible for a special
2390group license plate in accordance with Section 41-1a-418;]
2391 [(c) verify that an applicant for a campaign or combat theater award special group
2392license plate is qualified to receive it;]
2393 [(d) provide an applicant that qualifies a form indicating the campaign or combat
2394theater award special group license plate for which the applicant qualifies;]
2395 [(e)] (b) adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative
2396Rulemaking Act, to carry out the provisions of this title; and
2397 [(f)] (c) ensure that any training or certification required of a public official or public
2398employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
239922, State Training and Certification Requirements, if the training or certification is required:
2400 (i) under this title;
2401 (ii) by the department; or
2402 (iii) by an agency or division within the department.
2403 (4) (a) The department may award grants for the purpose of supporting veteran and
2404military outreach, employment, education, healthcare, homelessness prevention, and H.B. 26
Enrolled Copy
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2405recognition events.
2406 (b) The department may award a grant described in Subsection (4)(a) to:
2407 (i) an institution of higher education listed in Section 53B-1-102;
2408 (ii) a nonprofit organization involved in veterans or military-related activities; or
2409 (iii) a political subdivision of the state.
2410 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2411department shall make rules for the administration of grants, including establishing:
2412 (i) the form and process for submitting an application to the department;
2413 (ii) the method and criteria for selecting a grant recipient;
2414 (iii) the method and formula for determining a grant amount; and
2415 (iv) the reporting requirements of a grant recipient.
2416 (d) A grant may be awarded by the department only after consultation with the
2417Veterans Advisory Council.
2418 (5) Nothing in this chapter shall be construed as altering or preempting the provisions
2419of [Title 39, Militia and Armories] Title 39A, National Guard and Militia Act, as specifically
2420related to the Utah National Guard.
2421 Section 54. Section 71-8-4 is amended to read:
2422 71-8-4. Veterans Advisory Council -- Membership -- Duties and responsibilities --
2423Per diem and travel expenses.
2424 (1) There is created a Veterans Advisory Council whose purpose is to advise the
2425executive director of the Department of Veterans and Military Affairs on issues relating to
2426veterans.
2427 (2) The council shall consist of the following 14 members:
2428 (a) 11 voting members to serve four-year terms:
2429 (i) seven veterans at large appointed by the governor;
2430 (ii) the commander or the commander's designee, whose terms shall last for as long as
2431they hold that office, from each of the following organizations: Enrolled Copy H.B. 26
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2432 (A) Veterans of Foreign Wars;
2433 (B) American Legion; and
2434 (C) Disabled American Veterans; and
2435 (iii) a representative from the Office of the Governor; and
2436 (b) three nonvoting members:
2437 (i) the executive director of the Department of Veterans and Military Affairs;
2438 (ii) the director of the VA Health Care System or his designee; and
2439 (iii) the director of the VA Benefits Administration Regional Office in Salt Lake City,
2440or his designee.
2441 (3) (a) Except as required by Subsection (3)(b), as terms of current council members
2442expire, the governor shall appoint each new or reappointed member to a four-year term
2443commencing on July 1.
2444 (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
2445time of appointment or reappointment, adjust the length of terms to ensure that the terms of
2446council members are staggered so that approximately half of the members appointed by the
2447governor are appointed every two years.
2448 (4) When a vacancy occurs in the membership for any reason, the governor shall
2449appoint a replacement for the unexpired term within 60 days of receiving notice.
2450 (5) Members appointed by the governor may not serve more than three consecutive
2451terms.
2452 (6) (a) Any veterans group or veteran may provide the executive director with a list of
2453recommendations for members on the council.
2454 (b) The executive director shall provide the governor with the list of recommendations
2455for members to be appointed to the council.
2456 (c) The governor shall make final appointments to the council by June 30 of any year in
2457which appointments are to be made under this chapter.
2458 (7) The council shall elect a chair and vice chair from among the council members H.B. 26
Enrolled Copy
- 92 -
2459every two years. The chair and vice chair shall each be an individual who:
2460 (a) has served on active duty in the armed forces for more than 180 consecutive days;
2461 (b) was a member of a reserve component who served in a campaign or expedition for
2462which a campaign medal has been authorized; or
2463 (c) incurred an actual service-related injury or disability in the line of duty, whether or
2464not that person completed 180 consecutive days of active duty; and
2465 (d) was separated or retired under honorable conditions.
2466 (8) (a) The council shall meet at least once every quarter.
2467 (b) The executive director of the Department of Veterans and Military Affairs may
2468convene additional meetings, as necessary.
2469 (9) The department shall provide staff to the council.
2470 (10) Six voting members are a quorum for the transaction of business.
2471 (11) The council shall:
2472 (a) solicit input concerning veterans issues from veterans' groups throughout the state;
2473 (b) report issues received to the executive director of the Department of Veterans and
2474Military Affairs and make recommendations concerning them;
2475 (c) keep abreast of federal developments that affect veterans locally and advise the
2476executive director of them;
2477 (d) approve, by a majority vote, the use of money generated from veterans license
2478plates under Section [41-1a-422] 41-1a-1603 for veterans programs; and
2479 (e) assist the director in developing guidelines and qualifications for:
2480 (i) participation by donors and recipients in the Veterans Assistance Registry created in
2481Section 71-12-101; and
2482 (ii) developing a process for providing contact information between qualified donors
2483and recipients.
2484 (12) A member may not receive compensation or benefits for the member's service, but
2485may receive per diem and travel expenses in accordance with: Enrolled Copy H.B. 26
- 93 -
2486 (a) Section 63A-3-106;
2487 (b) Section 63A-3-107; and
2488 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
248963A-3-107.
2490 Section 55. Section 79-4-402 is amended to read:
2491 79-4-402. State Park Fees Restricted Account.
2492 (1) There is created within the General Fund a restricted account known as the State
2493Park Fees Restricted Account.
2494 (2) (a) Except as provided in Subsection (2)(b), the account shall consist of revenue
2495from:
2496 [(i) contributions deposited into the account in accordance with Section 41-1a-422;]
2497 [(ii)] (i) all charges allowed under Section 79-4-203;
2498 [(iii)] (ii) proceeds from the sale or disposal of buffalo under Subsection
249979-4-1001(2)(b); and
2500 [(iv)] (iii) civil damages collected under Section 76-6-206.2.
2501 (b) The account shall not include revenue the division receives under Section 79-4-403
2502and Subsection 79-4-1001(2)(a).
2503 (3) The division shall use funds in this account for the purposes described in Section
250479-4-203.
2505 Section 56. Section 79-7-203 is amended to read:
2506 79-7-203. Powers and duties of division.
2507 (1) As used in this section, "real property" includes land under water, upland, and all
2508other property commonly or legally defined as real property.
2509 (2) The Division of Wildlife Resources shall retain the power and jurisdiction
2510conferred upon the Division of Wildlife Resources by law on property controlled by the
2511division with reference to fish and game.
2512 (3) For purposes of property controlled by the division, the division shall permit H.B. 26
Enrolled Copy
- 94 -
2513multiple uses of the property for purposes such as grazing, fishing, hunting, camping, mining,
2514and the development and use of water and other natural resources.
2515 (4) (a) The division may acquire real and personal property in the name of the state by
2516legal and proper means, including purchase, gift, devise, eminent domain, lease, exchange, or
2517otherwise, subject to the approval of the executive director and the governor.
2518 (b) In acquiring real or personal property, the credit of the state may not be pledged
2519without the consent of the Legislature.
2520 (5) (a) Before acquiring any real property, the division shall notify the county
2521legislative body of the county where the property is situated of the division's intention to
2522acquire the property.
2523 (b) If the county legislative body requests a hearing within 10 days of receipt of the
2524notice, the division shall hold a public hearing in the county concerning the matter.
2525 (6) Acceptance of gifts or devises of land or other property is at the discretion of the
2526division, subject to the approval of the executive director and the governor.
2527 (7) The division shall acquire property by eminent domain in the manner authorized by
2528Title 78B, Chapter 6, Part 5, Eminent Domain.
2529 (8) (a) The division may make charges for special services and use of facilities, the
2530income from which is available for recreation purposes.
2531 (b) The division may conduct and operate those services necessary for the comfort and
2532convenience of the public.
2533 (9) (a) The division may lease or rent concessions of lawful kinds and nature on
2534property to persons, partnerships, and corporations for a valuable consideration after notifying
2535the commission.
2536 (b) The division shall comply with Title 63G, Chapter 6a, Utah Procurement Code, in
2537selecting concessionaires.
2538 (10) The division shall proceed without delay to negotiate with the federal government
2539concerning the Weber Basin and other recreation and reclamation projects. Enrolled Copy H.B. 26
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2540 (11) (a) The division shall coordinate with and annually report to the following
2541regarding land acquisition and development and grants administered under this chapter or
2542Chapter 8, Outdoor Recreation Grants:
2543 (i) the Division of State Parks; and
2544 (ii) the Office of Rural Development.
2545 (b) The report required under Subsection (11)(a) shall be in writing, made public, and
2546include a description and the amount of any grant awarded under this chapter or Chapter 8,
2547Outdoor Recreation Grants.
2548 (12) The division shall:
2549 (a) coordinate outdoor recreation policy, management, and promotion:
2550 (i) among state and federal agencies and local government entities in the state;
2551 (ii) with the Public Lands Policy Coordinating Office created in Section 63L-11-201, if
2552public land is involved; and
2553 (iii) on at least a quarterly basis, with the executive director and the executive director
2554of the Governor's Office of Economic Opportunity;
2555 (b) in cooperation with the Governor's Office of Economic Opportunity, promote
2556economic development in the state by:
2557 (i) coordinating with outdoor recreation stakeholders;
2558 (ii) improving recreational opportunities; and
2559 (iii) recruiting outdoor recreation business;
2560 (c) promote all forms of outdoor recreation, including motorized and nonmotorized
2561outdoor recreation;
2562 (d) recommend to the governor and Legislature policies and initiatives to enhance
2563recreational amenities and experiences in the state and help implement those policies and
2564initiatives;
2565 (e) in performing the division's duties, seek to ensure safe and adequate access to
2566outdoor recreation for all user groups and for all forms of recreation; H.B. 26
Enrolled Copy
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2567 (f) develop data regarding the impacts of outdoor recreation in the state; and
2568 (g) promote the health and social benefits of outdoor recreation, especially to young
2569people.
2570 (13) By following Title 63J, Chapter 5, Federal Funds Procedures Act, the division
2571may:
2572 (a) seek federal grants or loans;
2573 (b) seek to participate in federal programs; and
2574 (c) in accordance with applicable federal program guidelines, administer federally
2575funded outdoor recreation programs.
2576 [(14) The division shall receive and distribute voluntary contributions collected under
2577Section 41-1a-422 in accordance with Section 79-7-303.]
2578 Section 57. Section 79-7-303 is amended to read:
2579 79-7-303. Zion National Park Support Programs Restricted Account.
2580 (1) There is created within the General Fund the "Zion National Park Support
2581Programs Restricted Account."
2582 (2) The Zion National Park Support Programs Restricted Account shall be funded by:
2583 [(a) contributions deposited into the Zion National Park Support Programs Restricted
2584Account in accordance with Section 41-1a-422;]
2585 [(b)] (a) private contributions; or
2586 [(c)] (b) donations or grants from public or private entities.
2587 (3) The Legislature shall appropriate money in the Zion National Park Support
2588Programs Restricted Account to the division.
2589 (4) The division may expend up to 10% of the money appropriated under Subsection
2590(3) to administer account distributions in accordance with Subsections (5) and (6).
2591 (5) The division shall distribute contributions to one or more organizations that:
2592 (a) are exempt from federal income taxation under Section 501(c)(3), Internal Revenue
2593Code; Enrolled Copy H.B. 26
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2594 (b) operate under a written agreement with the National Park Service to provide
2595interpretive, educational, and research activities for the benefit of Zion National Park;
2596 (c) produce and distribute educational and promotional materials on Zion National
2597Park;
2598 (d) conduct educational courses on the history and ecosystem of the greater Zion
2599Canyon area; and
2600 (e) provide other programs that enhance visitor appreciation and enjoyment of Zion
2601National Park.
2602 (6) (a) An organization described in Subsection (5) may apply to the division to receive
2603a distribution in accordance with Subsection (5).
2604 (b) An organization that receives a distribution from the division in accordance with
2605Subsection (5) shall expend the distribution only to:
2606 (i) produce and distribute educational and promotional materials on Zion National
2607Park;
2608 (ii) conduct educational courses on the history and ecosystem of the greater Zion
2609Canyon area; and
2610 (iii) provide other programs that enhance visitor appreciation and enjoyment of Zion
2611National Park.
2612 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
2613after notifying the commission, the division may make rules providing procedures and
2614requirements for an organization to apply to the division to receive a distribution under
2615Subsection (5).
2616 Section 58. Repealer.
2617 This bill repeals:
2618 Section 41-1a-421, Honor special group license plates -- Personal identity
2619requirements.
2620 Section 41-1a-422, Support special group license plates -- Contributor -- Voluntary H.B. 26
Enrolled Copy
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2621contribution collection procedures.
2622 Section 59. Effective date.
2623 This bill takes effect on January 1, 2024.
2624 Section 60. Coordinating H.B. 26 with H.B. 55 -- Substantive and technical
2625amendments.
2626 If this H.B. 26 and H.B. 55, Off-highway Vehicle Registration Amendments, both pass
2627and become law, it is the intent of the Legislature that the Office of Legislative Research and
2628General Counsel shall prepare the Utah Code database for publication on January 1, 2024, by
2629amending Subsection 41-22-19(5)(c) in H.B. 55 to read:
2630 "(c) The Motor Vehicle Division shall deposit the fee described in Subsection (5)(a)
2631into the License Plate Restricted Account created under Section 41-1a-122.".