Rep. Norm Thurston — Voting Record

Utah House District 62 · complete roll-call record from le.utah.gov
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Bill

Vehicle License Plate and Registration Amendments
Number
H.B. 368 First Substitute (2022GS)
Sponsor
Rep. Thurston, N.  (Thurston’s own bill)
Final action
House/ filed 3/4/2022
Outcome
Failed / filed without passage

Summary

This bill modifies provisions related to license plates and vehicle emissions testing.

What it does

  • This bill:
  • defines terms;
  • amends provisions regarding standard license plates;
  • creates a moratorium on the personalized license plate program;
  • creates the support special group license plate program;
  • establishes eligibility criteria for different categories of support special group license plates;
  • allows a county to require an emissions inspection of a vintage vehicle under certain circumstances;
  • repeals certain restricted accounts; and
  • makes technical and conforming changes.

Every vote on this bill

2/18/2022House Comm - Substitute Recommendation from # 0 to # 1
House Transportation Committee
10 0 2not eligible / no record
2/18/2022House Comm - Favorable Recommendation
House Transportation Committee
9 1 2not eligible / no record
2/22/2022House/ floor amendment # 1
House 3rd Reading Calendar for House bills
Voice votenot eligible / no record
2/22/2022House/ passed 3rd reading
Senate Secretary
49 19 7YEA
2/25/2022Senate Comm - Favorable Recommendation
Senate Transportation, Public Utilities, Energy, and Technology Committee
3 2 3not eligible / no record

Bill text

introduced version · official source
VEHICLE LICENSE PLATE AND REGISTRATION
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Norman K. Thurston
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill modifies provisions related to license plates and vehicle emissions testing.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ amends provisions regarding standard license plates;
▸ creates a moratorium on the personalized license plate program;
▸ creates the support special group license plate program;
▸ establishes eligibility criteria for different categories of support special group
license plates;
▸ allows a county to require an emissions inspection of a vintage vehicle under certain
circumstances;
▸ repeals certain restricted accounts; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
4-42-102
, as enacted by Laws of Utah 2017, Chapter 194
9-8-207
, as last amended by Laws of Utah 2018, Chapter 260
9-17-102
, as last amended by Laws of Utah 2011, Chapter 303
9-19-102
, as enacted by Laws of Utah 2016, Chapter 70
13-1-16
, as enacted by Laws of Utah 2020, Chapter 405
19-1-109
, as enacted by Laws of Utah 2020, Chapter 322
23-14-13.5
, as enacted by Laws of Utah 2017, Chapter 383
26-18b-101
, as last amended by Laws of Utah 2021, Chapter 378
26-21a-302
, as last amended by Laws of Utah 2011, Chapter 303
41-1a-102
, as last amended by Laws of Utah 2019, Chapters 373, 428, 459, and 479
41-1a-222
, as last amended by Laws of Utah 2017, Chapter 24
41-1a-226
, as last amended by Laws of Utah 2017, Chapter 406
41-1a-401
, as last amended by Laws of Utah 2018, Chapters 260, 260, and 454
41-1a-402
, as last amended by Laws of Utah 2018, Chapters 20 and 262
41-1a-410
, as last amended by Laws of Utah 1993, Chapter 222
41-1a-411
, as last amended by Laws of Utah 2020, Chapter 259
41-1a-416
, as last amended by Laws of Utah 2008, Chapter 382
41-1a-418
, as last amended by Laws of Utah 2021, Chapters 219, 280, and 378
41-1a-419
, as last amended by Laws of Utah 2018, Chapter 260
41-1a-421
, as last amended by Laws of Utah 2018, Chapter 39
41-1a-1201
, as last amended by Laws of Utah 2018, Chapter 424
41-1a-1211
, as last amended by Laws of Utah 2015, Chapter 119
41-1a-1212
, as last amended by Laws of Utah 2014, Chapters 61, 237, and 237
41-1a-1305
, as last amended by Laws of Utah 2020, Chapter 74
41-6a-1642
, as last amended by Laws of Utah 2021, Chapter 322
53-1-118
, as last amended by Laws of Utah 2011, Chapter 303
53-1-120
, as enacted by Laws of Utah 2016, Chapter 52
53-7-109
, as enacted by Laws of Utah 2009, Chapter 348
53F-9-401
, as last amended by Laws of Utah 2020, Chapter 408
53F-9-403
, as enacted by Laws of Utah 2021, Chapter 219
59-10-1319
, as last amended by Laws of Utah 2020, Chapter 322
61-2-204
, as last amended by Laws of Utah 2011, Chapter 303
62A-1-202
, as last amended by Laws of Utah 2021, Chapter 356
62A-4a-608
, as enacted by Laws of Utah 2011, Chapter 438
63G-26-103
, as enacted by Laws of Utah 2020, Chapter 393
63I-1-263
, as last amended by Laws of Utah 2021, Chapters 70, 72, 84, 90, 171, 196,
260, 280, 282, 345, 382, 401, 421 and last amended by Coordination Clause, Laws
of Utah 2021, Chapter 382
63J-1-602.1
, as last amended by Laws of Utah 2021, Chapters 280, 382, 401, and 438
71-8-2
, as last amended by Laws of Utah 2020, Chapter 409
71-8-4
, as last amended by Laws of Utah 2018, Chapter 39
71-14-102
, as enacted by Laws of Utah 2019, Chapter 213
72-2-127
, as enacted by Laws of Utah 2009, Chapter 380
72-2-130
, as enacted by Laws of Utah 2019, Chapter 38
78A-2-804
, as renumbered and amended by Laws of Utah 2021, Chapter 261
79-4-203
, as last amended by Laws of Utah 2021, Chapter 280
79-4-404
, as renumbered and amended by Laws of Utah 2009, Chapter 344
ENACTS:
41-1a-1601
, Utah Code Annotated 1953
41-1a-1602
, Utah Code Annotated 1953
41-1a-1603
, Utah Code Annotated 1953
41-1a-1604
, Utah Code Annotated 1953
41-1a-1605
, Utah Code Annotated 1953
41-1a-1606
, Utah Code Annotated 1953
41-1a-1607
, Utah Code Annotated 1953
41-1a-1608
, Utah Code Annotated 1953
41-1a-1609
, Utah Code Annotated 1953
REPEALS:
26-21a-304
, as enacted by Laws of Utah 2016, Chapter 46
26-58-102
, as enacted by Laws of Utah 2016, Chapter 71
41-1a-422
, as last amended by Laws of Utah 2021, Chapters 219, 280, and 378
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
4-42-102
 is amended to read:
4-42-102.
Utah Intracurricular Student Organization Support for Agricultural
Education and Leadership Restricted Account.
(1) There is created in the General Fund a restricted account known as the "Utah
Intracurricular Student Organization Support for Agricultural Education and Leadership
Restricted Account."
(2) The account shall be funded by:
(a) contributions deposited into the account in accordance with Section [
41-1a-422
]
41-1a-1603
;
(b) private contributions; and
(c) donations or grants from public or private entities.
(3) Upon appropriation by the Legislature, the department shall distribute funds in the
account to one or more organizations that:
(a) are statewide agricultural education and leadership organizations; and
(b) promote leadership and career development through agricultural education.
(4) (a) An organization described in Subsection (3) may apply to the department to
receive a distribution in accordance with Subsection (3).
(b) An organization that receives a distribution from the department in accordance with
Subsection (3) shall expend the distribution only to:
(i) create or support programs that focus on issues described in Subsection (3);
(ii) create or sponsor programs that will benefit residents within the state; and
(iii) pay the costs of issuing or reordering Utah Intracurricular Student Organization
Support for Agricultural Education and Leadership special group license plate decals.
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department may make rules providing procedures for an organization to apply to the
department to receive a distribution under this Subsection (4).
(5) In accordance with Section 
63J-1-602.1
, appropriations from the account are
nonlapsing.
Section 2. Section 
9-8-207
 is amended to read:
9-8-207.
Historical society -- Donations -- Accounting.
(1) (a) There is created the Utah State Historical Society.
(b) The society may:
(i) solicit memberships from persons interested in the work of the society and charge
dues for memberships commensurate with the advantages of membership and the needs of the
society; and
(ii) receive gifts, donations, bequests, devises, and endowments of money or property,
which shall then become the property of the state of Utah.
(2) (a) If the donor directs that money or property donated under Subsection (1)(b)(ii)
be used in a specified manner, then the division shall use it in accordance with these directions. 
Otherwise, all donated money and the proceeds from donated property, together with the
charges realized from society memberships, shall be deposited in the General Fund as restricted
revenue of the society.
(b) Funds received from donations to the society under Section [
41-1a-422
]
41-1a-1603
 shall be deposited into the General Fund as a dedicated credit to achieve the
mission and purpose of the society.
(3) The division shall keep a correct account of funds and property received, held, or
disbursed by the society, and shall make reports to the governor as in the case of other state
institutions.
Section 3. Section 
9-17-102
 is amended to read:
9-17-102.
Humanitarian Service and Educational and Cultural Exchange
Restricted Account.
(1) There is created in the General Fund a restricted account known as the
"Humanitarian Service and Educational and Cultural Exchange Restricted Account."
(2) The account shall be funded by:
(a) contributions deposited into the account in accordance with Section [
41-1a-422
]
41-1a-1603
;
(b) private contributions; and
(c) donations or grants from public or private entities.
(3) Upon appropriation by the Legislature, the department shall distribute funds in the
account to one or more charitable organizations that:
(a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
(b) have a national parent organization which:
(i) provides international humanitarian service projects; and
(ii) has youth programs including programs to foster leadership in high school students,
humanitarian service in high school and college, and conducts and promotes community
service projects;
(c) have a non-profit youth exchange program that does not compensate those who
administer the program within the state;
(d) have an annual leadership conference, which does not compensate those who
administer the program within the state;
(e) have high school service clubs, which promote humanitarian services on a state
level, a national level, and an international level; and
(f) have college service clubs, which promote humanitarian service on a state level, a
national level, and an international level.
(4) (a) An organization described in Subsection (3) may apply to the department to
receive a distribution in accordance with Subsection (3).
(b) An organization that receives a distribution from the department in accordance with
Subsection (3) shall expend the distribution only to:
(i) pay the costs of supporting the following programs within the state:
(A) youth programs including programs to foster leadership in high school students and
humanitarian service in high school and college;
(B) community service projects;
(C) a non-profit youth exchange program;
(D) an annual leadership conference;
(E) high school service clubs, which promote humanitarian service on a state level, a
national level, and an international level; and
(F) college service clubs, which promote humanitarian service on a state level, a
national level, and an international level; and
(ii) pay the costs of issuing or reordering Humanitarian Service and Educational and
Cultural Exchange support special group license plate decals.
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department may make rules providing procedures for an organization to apply to the
department to receive a distribution under Subsection (3).
Section 4. Section 
9-19-102
 is amended to read:
9-19-102.
National Professional Men's Soccer Team Support of Building
Communities Restricted Account.
(1) There is created in the General Fund a restricted account known as the "National
Professional Men's Soccer Team Support of Building Communities Restricted Account."
(2) The account shall be funded by:
(a) contributions deposited into the account in accordance with Section [
41-1a-422
]
41-1a-1603
;
(b) private contributions; and
(c) donations or grants from public or private entities.
(3) Upon appropriation by the Legislature, the department shall distribute funds in the
account to one or more charitable organizations that:
(a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
(b) have a board that is appointed by the owners that, either on an individual or joint
basis, own a controlling interest in a legal entity that is a franchised member of the
internationally recognized national governing body for professional men's soccer in the United
States;
(c) are headquartered within the state;
(d) create or support programs that focus on:
(i) strengthening communities through youth soccer by:
(A) using soccer to teach life skills;
(B) combating gang activity through youth involvement; and
(C) providing youth in underserved areas with opportunities to play soccer and become
certified referees;
(ii) building communities through professional player initiatives, tournaments, and
community gathering areas; and
(iii) promoting environmental sustainability; and
(e) have a board of directors that disperses all funds of the organization.
(4) (a) An organization described in Subsection (3) may apply to the department to
receive a distribution in accordance with Subsection (3).
(b) An organization that receives a distribution from the department in accordance with
Subsection (3) shall expend the distribution only to:
(i) create or support programs that focus on issues described in Subsection (3);
(ii) create or sponsor programs that will benefit residents within the state; and
(iii) pay the costs of issuing or reordering National Professional Men's Soccer Team
Support of Building Communities support special group license plate decals.
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department may make rules providing procedures for an organization to apply to the
department to receive a distribution under this Subsection (4).
(5) In accordance with Section 
63J-1-602.1
, appropriations from the account are
nonlapsing.
Section 5. Section 
13-1-16
 is amended to read:
13-1-16.
Latino Community Support Restricted Account.
(1) There is created in the General Fund a restricted account known as the "Latino
Community Support Restricted Account."
(2) The account shall be funded by:
(a) contributions deposited into the account in accordance with Section [
41-1a-422
]
41-1a-1603
;
(b) private contributions; and
(c) donations or grants from public or private entities.
(3) (a) The state treasurer shall invest money in the account according to Title 51,
Chapter 7, State Money Management Act.
(b) The Division of Finance shall deposit interest or other earnings derived from
investment of account money into the General Fund.
(4) Subject to appropriation, the department shall distribute the money in the account
to one or more charitable organizations that:
(a) are tax exempt under Section 501(c)(3), Internal Revenue Code; and
(b) have as a primary part of the organization's mission to strengthen the state's Latino
community by:
(i) creating strong leaders through education and mentoring;
(ii) providing scholarships and educational financial support; and
(iii) recognizing academic and vocational achievement, and school and community
leadership.
(5) The department may also expend funds in the account to pay the costs of issuing or
reordering Latino Community support special group license plate decals.
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department shall make rules providing procedures for an organization to apply to receive
money under this section.
Section 6. Section 
19-1-109
 is amended to read:
19-1-109.
Clean Air Support Restricted Account.
(1) There is created in the General Fund a restricted account known as the "Clean Air
Support Restricted Account."
(2) The account shall be funded by:
(a) contributions deposited into the account in accordance with Section [
41-1a-422
]
41-1a-1603
;
(b) private contributions; and
(c) donations or grants from public or private entities.
(3) (a) The state treasurer shall invest money in the account according to Title 51,
Chapter 7, State Money Management Act.
(b) The Division of Finance shall deposit interest or other earnings derived from
investment of account money into the account.
(4) Subject to appropriation, the department shall distribute the money in the account
to one or more organizations that:
(a) are tax exempt under Section 501(c)(3), Internal Revenue Code; and
(b) have as part of the organization's mission:
(i) to encourage and educate the public about simple changes to improve air quality in
the state;
(ii) to provide grants to organizations or individuals with innovative ideas to reduce
emissions; and
(iii) to partner with other organizations to strengthen efforts to improve air quality.
(5) The department may also expend funds in the account to pay the costs of issuing or
reordering Clean Air Support special group license plate decals.
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department shall make rules providing procedures for an organization to apply to receive
money under this section.
Section 7. Section 
23-14-13.5
 is amended to read:
23-14-13.5.
Support for State-Owned Shooting Ranges Restricted Account.
(1) There is created in the General Fund a restricted account known as the "Support for
State-Owned Shooting Ranges Restricted Account."
(2) The account shall be funded by:
(a) contributions deposited into the account in accordance with Section [
41-1a-422
]
41-1a-1603
;
(b) private contributions; and
(c) donations or grants from public or private entities.
(3) Upon appropriation by the Legislature, the division shall distribute funds in the
account to facilitate construction of new firearm shooting ranges, and operation and
maintenance of existing ranges, that are:
(a) built on land owned or leased by the state;
(b) owned by the division; and
(c) operated by the division or the division's contractors.
(4) The division shall only expend the funds to:
(a) construct, operate, and maintain firearm shooting ranges described in Subsection
(3); and
(b) pay the costs of issuing or reordering Support the 2nd Amendment and
State-Owned Shooting Ranges support special group license plate decals.
(5) In accordance with Section 
63J-1-602.1
, appropriations from the account are
nonlapsing.
Section 8. Section 
26-18b-101
 is amended to read:
26-18b-101.
Allyson Gamble Organ Donation Contribution Fund created.
(1) (a) There is created an expendable special revenue fund known as the Allyson
Gamble Organ Donation Contribution Fund.
(b) The Allyson Gamble Organ Donation Contribution Fund shall consist of:
(i) private contributions;
(ii) donations or grants from public or private entities;
(iii) voluntary donations collected under Sections 
41-1a-230.5
 and 
53-3-214.7
;
(iv) contributions deposited into the account in accordance with Section [
41-1a-422
]
41-1a-1603
; and
(v) interest and earnings on fund money.
(c) The cost of administering the Allyson Gamble Organ Donation Contribution Fund
shall be paid from money in the fund.
(2) The Department of Health shall:
(a) administer the funds deposited in the Allyson Gamble Organ Donation Contribution
Fund; and
(b) select qualified organizations and distribute the funds in the Allyson Gamble Organ
Donation Contribution Fund in accordance with Subsection (3).
(3) (a) The funds in the Allyson Gamble Organ Donation Contribution Fund may be
distributed to a selected organization that:
(i) promotes and supports organ donation;
(ii) assists in maintaining and operating a statewide organ donation registry; and
(iii) provides donor awareness education.
(b) An organization that meets the criteria of Subsections (3)(a)(i) through (iii) may
apply to the Department of Health, in a manner prescribed by the department, to receive a
portion of the money contained in the Allyson Gamble Organ Donation Contribution Fund.
(4) The Department of Health may expend funds in the account to pay the costs of
administering the fund and issuing or reordering the Donate Life support special group license
plate and decals.
Section 9. Section 
26-21a-302
 is amended to read:
26-21a-302.
Cancer Research Restricted Account.
(1) As used in this section, "account" means the Cancer Research Restricted Account
created by this section.
(2) There is created in the General Fund a restricted account known as the "Cancer
Research Restricted Account."
(3) The account shall be funded by:
(a) contributions deposited into the account in accordance with Section [
41-1a-422
]
41-1a-1603
;
(b) private contributions;
(c) donations or grants from public or private entities; and
(d) interest and earnings on fund money.
(4) The department shall distribute funds in the account to one or more charitable
organizations that:
(a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
(b) have been designated as an official cancer center of the state;
(c) is a National Cancer Institute designated cancer center; and
(d) have as part of [
its
] 
the charitable organization's
 primary mission:
(i) cancer research programs in basic science, translational science, population science,
and clinical research to understand cancer from its beginnings; and
(ii) the dissemination and use of knowledge developed by the research described in
Subsection (4)(d)(i) for the creation and improvement of cancer detection, treatments,
prevention, and outreach programs.
(5) (a) An organization described in Subsection (4) may apply to the department to
receive a distribution in accordance with Subsection (4).
(b) An organization that receives a distribution from the department in accordance with
Subsection (4) shall expend the distribution only to conduct cancer research for the purpose of
making improvements in cancer treatments, cures, detection, and prevention of cancer at the
molecular and genetic levels.
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department may make rules providing procedures for an organization to apply to the
department to receive a distribution under Subsection (4).
Section 10. Section 
41-1a-102
 is amended to read:
41-1a-102.
Definitions.
As used in this chapter:
(1) "Actual miles" means the actual distance a vehicle has traveled while in operation.
(2) "Actual weight" means the actual unladen weight of a vehicle or combination of
vehicles as operated and certified to by a weighmaster.
(3) "All-terrain type I vehicle" means the same as that term is defined in Section
41-22-2
.
(4) "All-terrain type II vehicle" means the same as that term is defined in Section
41-22-2
.
(5) "All-terrain type III vehicle" means the same as that term is defined in Section
41-22-2
.
(6) "Alternative fuel vehicle" means:
(a) an electric motor vehicle;
(b) a hybrid electric motor vehicle;
(c) a plug-in hybrid electric motor vehicle; or
(d) a motor vehicle powered exclusively by a fuel other than:
(i) motor fuel;
(ii) diesel fuel;
(iii) natural gas; or
(iv) propane.
(7) "Amateur radio operator" means a person licensed by the Federal Communications
Commission to engage in private and experimental two-way radio operation on the amateur
band radio frequencies.
(8) "Autocycle" means the same as that term is defined in Section 
53-3-102
.
(9) "Automated driving system" means the same as that term is defined in Section
41-26-102.1
.
(10) "Branded title" means a title certificate that is labeled:
(a) rebuilt and restored to operation;
(b) flooded and restored to operation; or
(c) not restored to operation.
(11) "Camper" means a structure designed, used, and maintained primarily to be
mounted on or affixed to a motor vehicle that contains a floor and is designed to provide a
mobile dwelling, sleeping place, commercial space, or facilities for human habitation or for
camping.
(12) "Certificate of title" means a document issued by a jurisdiction to establish a
record of ownership between an identified owner and the described vehicle, vessel, or outboard
motor.
(13) "Certified scale weigh ticket" means a weigh ticket that has been issued by a
weighmaster.
(14) "Commercial vehicle" means a motor vehicle, trailer, or semitrailer used or
maintained for the transportation of persons or property that operates:
(a) as a carrier for hire, compensation, or profit; or
(b) as a carrier to transport the vehicle owner's goods or property in furtherance of the
owner's commercial enterprise.
(15) "Commission" means the State Tax Commission.
(16) "Consumer price index" means the same as that term is defined in Section
59-13-102
.
(17) "Dealer" means a person engaged or licensed to engage in the business of buying,
selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on
conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established
place of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors.
(18) "Diesel fuel" means the same as that term is defined in Section 
59-13-102
.
(19) "Division" means the Motor Vehicle Division of the commission, created in
Section 
41-1a-106
.
(20) "Dynamic driving task" means the same as that term is defined in Section
41-26-102.1
.
(21) "Electric motor vehicle" means a motor vehicle that is powered solely by an
electric motor drawing current from a rechargeable energy storage system.
(22) "Essential parts" means the integral and body parts of a vehicle of a type required
to be registered in this state, the removal, alteration, or substitution of which would tend to
conceal the identity of the vehicle or substantially alter the vehicle's appearance, model, type,
or mode of operation.
(23) "Farm tractor" means a motor vehicle designed and used primarily as a farm
implement for drawing plows, mowing machines, and other implements of husbandry.
(24) (a) "Farm truck" means a truck used by the owner or operator of a farm solely for
the owner's or operator's own use in the transportation of:
(i) farm products, including livestock and its products, poultry and its products,
floricultural and horticultural products;
(ii) farm supplies, including tile, fence, and any other thing or commodity used in
agricultural, floricultural, horticultural, livestock, and poultry production; and
(iii) livestock, poultry, and other animals and things used for breeding, feeding, or
other purposes connected with the operation of a farm.
(b) "Farm truck" does not include the operation of trucks by commercial processors of
agricultural products.
(25) "Fleet" means one or more commercial vehicles.
(26) "Foreign vehicle" means a vehicle of a type required to be registered, brought into
this state from another state, territory, or country other than in the ordinary course of business
by or through a manufacturer or dealer, and not registered in this state.
(27) "Gross laden weight" means the actual weight of a vehicle or combination of
vehicles, equipped for operation, to which shall be added the maximum load to be carried.
(28) "Highway" or "street" means the entire width between property lines of every way
or place of whatever nature when any part of it is open to the public, as a matter of right, for
purposes of vehicular traffic.
(29) "Hybrid electric motor vehicle" means a motor vehicle that draws propulsion
energy from onboard sources of stored energy that are both:
(a) an internal combustion engine or heat engine using consumable fuel; and
(b) a rechargeable energy storage system where energy for the storage system comes
solely from sources onboard the vehicle.
(30) (a) "Identification number" means the identifying number assigned by the
manufacturer or by the division for the purpose of identifying the vehicle, vessel, or outboard
motor.
(b) "Identification number" includes a vehicle identification number, state assigned
identification number, hull identification number, and motor serial number.
(31) "Implement of husbandry" means a vehicle designed or adapted and used
exclusively for an agricultural operation and only incidentally operated or moved upon the
highways.
(32) (a) "In-state miles" means the total number of miles operated in this state during
the preceding year by fleet power units.
(b) If a fleet is composed entirely of trailers or semitrailers, "in-state miles" means the
total number of miles that those vehicles were towed on Utah highways during the preceding
year.
(33) "Interstate vehicle" means a commercial vehicle operated in more than one state,
province, territory, or possession of the United States or foreign country.
(34) "Jurisdiction" means a state, district, province, political subdivision, territory, or
possession of the United States or any foreign country.
(35) "Lienholder" means a person with a security interest in particular property.
(36) "Manufactured home" means a transportable factory built housing unit constructed
on or after June 15, 1976, according to the Federal Home Construction and Safety Standards
Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight body
feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more
square feet, and which is built on a permanent chassis and designed to be used as a dwelling
with or without a permanent foundation when connected to the required utilities, and includes
the plumbing, heating, air-conditioning, and electrical systems.
(37) "Manufacturer" means a person engaged in the business of constructing,
manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or
outboard motors for the purpose of sale or trade.
(38) "Mobile home" means a transportable factory built housing unit built prior to June
15, 1976, in accordance with a state mobile home code which existed prior to the Federal
Manufactured Housing and Safety Standards Act (HUD Code).
(39) "Motor fuel" means the same as that term is defined in Section 
59-13-102
.
(40) (a) "Motor vehicle" means a self-propelled vehicle intended primarily for use and
operation on the highways.
(b) "Motor vehicle" does not include:
(i) an off-highway vehicle; or
(ii) a motor assisted scooter as defined in Section 
41-6a-102
.
(41) "Motorboat" means the same as that term is defined in Section 
73-18-2
.
(42) "Motorcycle" means:
(a) a motor vehicle having a saddle for the use of the rider and designed to travel on not
more than three wheels in contact with the ground; or
(b) an autocycle.
(43) "Natural gas" means a fuel of which the primary constituent is methane.
(44) (a) "Nonresident" means a person who is not a resident of this state as defined by
Section 
41-1a-202
, and who does not engage in intrastate business within this state and does
not operate in that business any motor vehicle, trailer, or semitrailer within this state.
(b) A person who engages in intrastate business within this state and operates in that
business any motor vehicle, trailer, or semitrailer in this state or who, even though engaging in
interstate commerce, maintains a vehicle in this state as the home station of that vehicle is
considered a resident of this state, insofar as that vehicle is concerned in administering this
chapter.
(45) "Odometer" means a device for measuring and recording the actual distance a
vehicle travels while in operation, but does not include any auxiliary odometer designed to be
periodically reset.
(46) "Off-highway implement of husbandry" means the same as that term is defined in
Section 
41-22-2
.
(47) "Off-highway vehicle" means the same as that term is defined in Section 
41-22-2
.
(48) (a) "Operate" means:
(i) to navigate a vessel; or
(ii) collectively, the activities performed in order to perform the entire dynamic driving
task for a given motor vehicle by:
(A) a human driver as defined in Section 
41-26-102.1
; or
(B) an engaged automated driving system.
(b) "Operate" includes testing of an automated driving system.
(49) "Original issue license plate" means a license plate that is of a format and type
issued by the state in the same year as the model year of a vehicle that is a model year 1973 or
older.
[
(49)
] 
(50)
 "Outboard motor" means a detachable self-contained propulsion unit,
excluding fuel supply, used to propel a vessel.
[
(50)
] 
(51)
 (a) "Owner" means a person, other than a lienholder, holding title to a
vehicle, vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is
subject to a security interest.
(b) If a vehicle is the subject of an agreement for the conditional sale or installment
sale or mortgage of the vehicle with the right of purchase upon performance of the conditions
stated in the agreement and with an immediate right of possession vested in the conditional
vendee or mortgagor, or if the vehicle is the subject of a security agreement, then the
conditional vendee, mortgagor, or debtor is considered the owner for the purposes of this
chapter.
(c) If a vehicle is the subject of an agreement to lease, the lessor is considered the
owner until the lessee exercises the lessee's option to purchase the vehicle.
[
(51)
] 
(52)
 "Park model recreational vehicle" means a unit that:
(a) is designed and marketed as temporary living quarters for recreational, camping,
travel, or seasonal use;
(b) is not permanently affixed to real property for use as a permanent dwelling;
(c) requires a special highway movement permit for transit; and
(d) is built on a single chassis mounted on wheels with a gross trailer area not
exceeding 400 square feet in the setup mode.
[
(52)
] 
(53)
 "Personalized license plate" means a license plate that has displayed on it a
combination of letters, numbers, or both as requested by the owner of the vehicle and assigned
to the vehicle by the division.
[
(53)
] 
(54)
 (a) "Pickup truck" means a two-axle motor vehicle with motive power
manufactured, remanufactured, or materially altered to provide an open cargo area.
(b) "Pickup truck" includes a motor vehicle with the open cargo area covered with a
camper, camper shell, tarp, removable top, or similar structure.
[
(54)
] 
(55)
 "Plug-in hybrid electric motor vehicle" means a hybrid electric motor
vehicle that has the capability to charge the battery or batteries used for vehicle propulsion
from an off-vehicle electric source, such that the off-vehicle source cannot be connected to the
vehicle while the vehicle is in motion.
[
(55)
] 
(56)
 "Pneumatic tire" means a tire in which compressed air is designed to
support the load.
[
(56)
] 
(57)
 "Preceding year" means a period of 12 consecutive months fixed by the
division that is within 16 months immediately preceding the commencement of the registration
or license year in which proportional registration is sought. The division in fixing the period
shall conform it to the terms, conditions, and requirements of any applicable agreement or
arrangement for the proportional registration of vehicles.
[
(57)
] 
(58)
 "Public garage" means a building or other place where vehicles or vessels
are kept and stored and where a charge is made for the storage and keeping of vehicles and
vessels.
[
(58)
] 
(59)
 "Receipt of surrender of ownership documents" means the receipt of
surrender of ownership documents described in Section 
41-1a-503
.
[
(59)
] 
(60)
 "Reconstructed vehicle" means a vehicle of a type required to be registered
in this state that is materially altered from its original construction by the removal, addition, or
substitution of essential parts, new or used.
[
(60)
] 
(61)
 "Recreational vehicle" means the same as that term is defined in Section
13-14-102
.
[
(61)
] 
(62)
 "Registration" means a document issued by a jurisdiction that allows
operation of a vehicle or vessel on the highways or waters of this state for the time period for
which the registration is valid and that is evidence of compliance with the registration
requirements of the jurisdiction.
(63) "Registration decal" means the decal issued by the division that is evidence of
compliance with the division's registration requirements.
[
(62)
] 
(64)
 (a) "Registration year" means a 12 consecutive month period commencing
with the completion of the applicable registration criteria.
(b) For administration of a multistate agreement for proportional registration the
division may prescribe a different 12-month period.
[
(63)
] 
(65)
 "Repair or replacement" means the restoration of vehicles, vessels, or
outboard motors to a sound working condition by substituting any inoperative part of the
vehicle, vessel, or outboard motor, or by correcting the inoperative part.
[
(64)
] 
(66)
 "Replica vehicle" means:
(a) a street rod that meets the requirements under Subsection 
41-21-1
(3)(a)(i)(B); or
(b) a custom vehicle that meets the requirements under Subsection
41-6a-1507
(1)(a)(i)(B).
[
(65)
] 
(67)
 "Road tractor" means a motor vehicle designed and used for drawing other
vehicles and constructed so it does not carry any load either independently or any part of the
weight of a vehicle or load that is drawn.
[
(66)
] 
(68)
 "Sailboat" means the same as that term is defined in Section 
73-18-2
.
[
(67)
] 
(69)
 "Security interest" means an interest that is reserved or created by a security
agreement to secure the payment or performance of an obligation and that is valid against third
parties.
[
(68)
] 
(70)
 "Semitrailer" means a vehicle without motive power designed for carrying
persons or property and for being drawn by a motor vehicle and constructed so that some part
of its weight and its load rests or is carried by another vehicle.
[
(69)
] 
(71)
 "Special group license plate" means a type of license plate designed for a
particular group of people or a license plate authorized and issued by the division in accordance
with Section 
41-1a-418
.
[
(70)
] 
(72)
 (a) "Special interest vehicle" means a vehicle used for general
transportation purposes and that is:
(i) 20 years or older from the current year; or
(ii) a make or model of motor vehicle recognized by the division director as having
unique interest or historic value.
(b) In making a determination under Subsection [
(70)
] 
(72)
(a), the division director
shall give special consideration to:
(i) a make of motor vehicle that is no longer manufactured;
(ii) a make or model of motor vehicle produced in limited or token quantities;
(iii) a make or model of motor vehicle produced as an experimental vehicle or one
designed exclusively for educational purposes or museum display; or
(iv) a motor vehicle of any age or make that has not been substantially altered or
modified from original specifications of the manufacturer and because of its significance is
being collected, preserved, restored, maintained, or operated by a collector or hobbyist as a
leisure pursuit.
[
(71)
] 
(73)
 (a) "Special mobile equipment" means a vehicle:
(i) not designed or used primarily for the transportation of persons or property;
(ii) not designed to operate in traffic; and
(iii) only incidentally operated or moved over the highways.
(b) "Special mobile equipment" includes:
(i) farm tractors;
(ii) off-road motorized construction or maintenance equipment including backhoes,
bulldozers, compactors, graders, loaders, road rollers, tractors, and trenchers; and
(iii) ditch-digging apparatus.
(c) "Special mobile equipment" does not include a commercial vehicle as defined
under Section 
72-9-102
.
[
(72)
] 
(74)
 "Specially constructed vehicle" means a vehicle of a type required to be
registered in this state, not originally constructed under a distinctive name, make, model, or
type by a generally recognized manufacturer of vehicles, and not materially altered from its
original construction.
(75) "Standard license plate" means a license plate for general issue described in
Subsection 
41-1a-402
(1).
[
(73)
] 
(76)
 "State impound yard" means a yard for the storage of a vehicle, vessel, or
outboard motor that meets the requirements of rules made by the commission pursuant to
Subsection 
41-1a-1101
(5).
(77) "Symbol decal" means the decal that is designed to represent a special group and
displayed on a special group license plate.
[
(74)
] 
(78)
 "Title" means the right to or ownership of a vehicle, vessel, or outboard
motor.
[
(75)
] 
(79)
 (a) "Total fleet miles" means the total number of miles operated in all
jurisdictions during the preceding year by power units.
(b) If fleets are composed entirely of trailers or semitrailers, "total fleet miles" means
the number of miles that those vehicles were towed on the highways of all jurisdictions during
the preceding year.
[
(76)
] 
(80)
 "Trailer" means a vehicle without motive power designed for carrying
persons or property and for being drawn by a motor vehicle and constructed so that no part of
its weight rests upon the towing vehicle.
[
(77)
] 
(81)
 "Transferee" means a person to whom the ownership of property is
conveyed by sale, gift, or any other means except by the creation of a security interest.
[
(78)
] 
(82)
 "Transferor" means a person who transfers the person's ownership in
property by sale, gift, or any other means except by creation of a security interest.
[
(79)
] 
(83)
 "Travel trailer," "camping trailer," or "fifth wheel trailer" means a portable
vehicle without motive power, designed as a temporary dwelling for travel, recreational, or
vacation use that does not require a special highway movement permit when drawn by a
self-propelled motor vehicle.
[
(80)
] 
(84)
 "Truck tractor" means a motor vehicle designed and used primarily for
drawing other vehicles and not constructed to carry a load other than a part of the weight of the
vehicle and load that is drawn.
[
(81)
] 
(85)
 "Vehicle" includes a motor vehicle, trailer, semitrailer, off-highway vehicle,
camper, park model recreational vehicle, manufactured home, and mobile home.
[
(82)
] 
(86)
 "Vessel" means the same as that term is defined in Section 
73-18-2
.
[
(83)
] 
(87)
 "Vintage vehicle" means the same as that term is defined in Section
41-21-1
.
[
(84)
] 
(88)
 "Waters of this state" means the same as that term is defined in Section
73-18-2
.
[
(85)
] 
(89)
 "Weighmaster" means a person, association of persons, or corporation
permitted to weigh vehicles under this chapter.
Section 11. Section 
41-1a-222
 is amended to read:
41-1a-222.
Application for multiyear registration -- Payment of taxes -- Penalties.
(1) The owner of any intrastate fleet of commercial vehicles which is based in the state
may apply to the commission for registration in accordance with this section.
(a) The application shall be made on a form prescribed by the commission.
(b) Upon payment of required fees and meeting other requirements prescribed by the
commission, the division shall issue, to each vehicle for which application has been made, a
multiyear license plate and registration card.
(i) The [
license plate
] 
registration
 decal and the registration card shall bear an
expiration date fixed by the division and are valid until ownership of the vehicle to which they
are issued is transferred by the applicant or until the expiration date, whichever comes first.
(ii) An annual renewal application must be made by the owner if registration
identification has been issued on an annual installment fee basis and the required fees must be
paid on an annual basis.
(iii) License plates and registration cards issued pursuant to this section are valid for an
eight-year period, commencing with the year of initial application in this state.
(c) When application for registration or renewal is made on an installment payment
basis, the applicant shall submit acceptable evidence of a surety bond in a form, and with a
surety, approved by the commission and in an amount equal to the total annual fees required
for all vehicles registered to the applicant in accordance with this section.
(2) Each vehicle registered as part of a fleet of commercial vehicles must be titled in
the name of the fleet.
(3) Each owner who registers fleets pursuant to this section shall pay the taxes or in
lieu fees otherwise due pursuant to:
(a) Section 
41-1a-206
;
(b) Section 
41-1a-207
;
(c) Subsection 
41-1a-301
(12);
(d) Section 
59-2-405.1
;
(e) Section 
59-2-405.2
; or
(f) Section 
59-2-405.3
.
(4) An owner who fails to comply with the provisions of this section is subject to the
penalties in Section 
41-1a-1301
 and, if the commission so determines, will result in the loss of
the privileges granted in this section.
Section 12. Section 
41-1a-226
 is amended to read:
41-1a-226.
Vintage vehicle -- Signed statement -- Registration.
(1) The owner of a vintage vehicle who applies for registration under this part shall
provide a signed statement that the vintage vehicle:
(a) is owned and operated for the purposes described in Section 
41-21-1
; and
(b) is safe to operate on the highways of this state as described in Section 
41-21-4
.
(2) [
The
] 
Except as provided in Subsection 
41-6a-1642
(14), the
 signed statement
described in Subsection (1) is in lieu of an emissions inspection, from which a vintage vehicle
is exempt under Subsection 
41-6a-1642
(4).
Section 13. Section 
41-1a-401
 is amended to read:
41-1a-401.
License plates -- Number of plates -- Reflectorization -- Indicia of
registration in lieu of or used with plates.
(1) (a) Except as provided in Subsection (1)(c), the division upon registering a vehicle
shall issue to the owner:
(i) one license plate for a motorcycle, trailer, or semitrailer;
(ii) one 
registration
 decal for a park model recreational vehicle, in lieu of a license
plate, which shall be attached in plain sight to the rear of the park model recreational vehicle;
(iii) one 
registration
 decal for a camper, in lieu of a license plate, which shall be
attached in plain sight to the rear of the camper; and
(iv) two identical license plates for every other vehicle.
(b) The license plate or 
registration
 decal issued under Subsection (1)(a) is for the
particular vehicle registered and may not be removed during the term for which the license
plate or 
registration
 decal is issued or used upon any other vehicle than the registered vehicle.
(c) (i) Notwithstanding Subsections (1)(a) and (b) and except as provided in Subsection
(1)(c)(ii), the division, upon registering a motor vehicle that has been sold, traded, or the
ownership of which has been otherwise released, shall transfer the license plate issued to the
person applying to register the vehicle if:
(A) the previous registered owner has included the license plate as part of the sale,
trade, or ownership release; and
(B) the person applying to register the vehicle applies to transfer the license plate to the
new registered owner of the vehicle.
(ii) The division may not transfer a personalized or special group license plate to a new
registered owner under this Subsection (1)(c) if the new registered owner does not meet the
qualification or eligibility requirements for that personalized or special group license plate
under [
Sections 
41-1a-410
 through 
41-1a-422
] 
this part or Part 16, Support Special Group
License Plates
.
(2) The division may receive applications for registration renewal, renew registration,
and issue new license plates or 
registration
 decals at any time prior to the expiration of
registration.
(3) (a) (i) All license plates to be manufactured and issued by the division shall be
treated with a fully reflective material on the plate face that provides effective and dependable
reflective brightness during the service period of the license plate.
(ii) For a historical support special group license plate created under this part, the
division shall procure reflective material to satisfy the requirement under Subsection (3)(a)(i)
as soon as such material is available at a reasonable cost.
(b) The division shall prescribe all license plate material specifications and establish
and implement procedures for conforming to the specifications.
(c) The specifications for the materials used such as the aluminum plate substrate, the
reflective sheeting, and glue shall be drawn in a manner so that at least two manufacturers may
qualify as suppliers.
(d) The granting of contracts for the materials shall be by public bid.
(4) (a) The commission may issue, adopt, and require the use of indicia of registration
it considers advisable in lieu of or in conjunction with license plates as provided in this part.
(b) All provisions of this part relative to license plates apply to these indicia of
registration, so far as the provisions are applicable.
(5) A violation of this section is an infraction.
Section 14. Section 
41-1a-402
 is amended to read:
41-1a-402.
Required colors, numerals, and letters -- Expiration.
(1) (a) Upon registering a vehicle, the division shall issue to the owner a standard
license plate described in Subsection (1)(b) unless the division issues to the owner:
(i) a special group license plate described in Section 
41-1a-418
; or
(ii) an apportioned vehicle license plate described in Section 
41-1a-301
.
(b) The division shall offer four standard license plate options, each with a different
design as follows:
(i) two designs that incorporate one or more elements that represent the state's
economy or geography;
(ii) one design that represents the state's values or culture; and
(iii) one design that commemorates a current event relevant to the state or a significant
anniversary of a historic event relevant to the state.
(c) The division shall offer:
(i) each design described in Subsection (1)(b)(i) or (ii) for at least a 10-year period; and
(ii) each design described in Subsection (1)(b)(iii) for no more than a five-year period.
(d) The division may not offer more than four standard license plate designs at any one
time.
(2) Before the division offers a design described in Subsection (1), the division shall:
(a) consult with the Governor's Office of Economic Opportunity and the Utah
Department of Cultural and Community Engagement regarding the proposed design; and
(b) submit to the Legislature the proposed design for approval by concurrent resolution.
[
(1)
] 
(3)
 Each license plate shall have displayed on it:
(a) the registration number assigned to the vehicle for which it is issued;
(b) the name of the state; and
(c) unless exempted by Section 
41-1a-301
 or 
41-1a-407
, a registration decal showing
the date of expiration displayed in accordance with Subsection (6).
[
(2)
] 
(4)
 If registration is extended by affixing a registration decal to the license plate,
the expiration date of the 
registration
 decal governs the expiration date of the license plate.
[
(3) Except as provided in Subsection (4), each original license plate that is not one of
the special group license plates issued under Section 
41-1a-418
 shall be:
]
[
(a) a statehood centennial license plate with the same color, design, and slogan as the
plates issued in conjunction with the statehood centennial;
]
[
(b) a Ski Utah license plate; or
]
[
(c) an In God We Trust license plate.
]
[
(4) Beginning on the date that the division determines the existing inventories of
statehood centennial license plates and Ski Utah license plates are exhausted, each license plate
that is not one of the special group license plates issued under Section 
41-1a-418
 shall:
]
[
(a) (i) display the "Life Elevated" slogan; and
]
[
(ii) have a color and design approved by the 57th Legislature in the 2007 General
Session that features:
]
[
(A) a skier with the "Greatest Snow on Earth" slogan; or
]
[
(B) Delicate Arch;
]
[
(b) be an In God We Trust license plate; or
]
[
(c) beginning on the date that the division determines the existing inventories of
decals for an apportioned vehicle described in Section 
41-1a-301
 are exhausted, be a distinctive
license plate displaying the word "apportioned" or the abbreviation "APP."
]
(5) (a) Except as provided under Subsection 
41-1a-215
(2) and Section 
41-1a-216
,
license plates shall be renewed annually.
(b) (i) The division shall issue the vehicle owner a month 
registration
 decal and a year
registration
 decal upon the vehicle's first registration with the division.
(ii) The division shall issue the vehicle owner only a year 
registration
 decal upon
subsequent renewals of registration to validate registration renewal.
[
(6) The decals issued in accordance with Subsection (5) shall be applied as follows:
]
[
(a) for license plates issued beginning in 1974 through 1985, decals displayed on
license plates with black lettering on a white background shall be applied to the lower left-hand
corner of the rear of the license plate vehicles;
]
[
(b) decals displayed on statehood centennial license plates and on Ski Utah license
plates issued in accordance with Subsection (3) shall be applied to the upper left-hand corner of
the rear license plate;
]
[
(c) decals displayed on special group license plates issued in accordance with Section
41-1a-418
 shall be applied to the upper right-hand corner of the license plate unless there is a
plate indentation on the upper left-hand corner of the license plate;
]
[
(d) decals displayed on license plates with the "Life Elevated" slogan issued in
accordance with Subsection (4) shall be applied in the upper left-hand corner for the month
decal and the upper right-hand corner for the year decal;
]
[
(e) decals displayed on license plates with the "In God We Trust" slogan issued in
accordance with Subsection (4)(b) shall be applied in the upper right-hand corner of the rear
license plate unless there is a plate indentation on the upper left-hand corner of the license
plate;
]
[
(f) decals issued for motorcycles shall be applied to the upper corner of the license
plate opposite the word "Utah"; and
]
[
(g) decals displayed on license plates issued under Section 
41-1a-416
 shall be applied
as appropriate for the year of the plate.
]
(6) Except as otherwise provided by rule:
[
(7)
] (a) [
The
] 
the
 month 
registration
 decal issued in accordance with Subsection (5)
shall be displayed on the license plate in the left position[
.
]
; and
(b) [
The
] 
the
 year 
registration
 decal issued in accordance with Subsection (5) shall be
displayed on the license plate in the right position.
[
(8)
] 
(7)
 The current year 
registration
 decal issued in accordance with Subsection (5)
shall be placed over or in place of the previous year 
registration
 decal.
[
(9)
] 
(8)
 If a license plate, month 
registration
 decal, or year 
registration
 decal is lost or
destroyed, a replacement shall be issued upon application and payment of the fees required
under Section 
41-1a-1211
 or 
41-1a-1212
.
[
(10)
] 
(9)
 (a) A violation of this section is an infraction.
(b) A court shall waive a fine for a violation under this section if:
(i) the registration for the vehicle was current at the time of the citation; and
(ii) the person to whom the citation was issued provides, within 21 business days,
evidence that the license plate and 
registration
 decals are properly displayed in compliance with
this section.
(10) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the division may make rules regarding the placement and positioning of registration decals on
license plates issued by the division.
Section 15. Section 
41-1a-410
 is amended to read:
41-1a-410.
Eligibility for personalized plates.
(1) [
A
] 
Subject to Subsection 
41-1a-411
(4), a
 person who is the registered owner of a
vehicle not subject to registration under Section 
41-1a-301
, registered with the division, or who
applies for an original registration of a vehicle not subject to registration under Section
41-1a-301
, may upon payment of the fee prescribed in Section 
41-1a-1211
 apply to the division
for personalized license plates.
(2) Application shall be made in accordance with Section 
41-1a-411
.
(3) The personalized plates shall be affixed to the vehicle for which registration is
sought in lieu of the regular license plates.
(4) Personalized license plates shall be issued only to the registered owner of the
vehicle on which they are to be displayed.
Section 16. Section 
41-1a-411
 is amended to read:
41-1a-411.
Application for personalized plates -- Refusal authorized.
(1) [
An
] 
Subject to Subsection (4), an
 applicant for personalized license plates or
renewal of the plates shall file an application for the plates in the form and by the date the
division requires, indicating the combination of letters, numbers, or both requested as a
registration number.
(2) (a) Except as provided in Subsection (3) 
and subject to Subsection (4)
, the division
may refuse to issue any combination of letters, numbers, or both that:
(i) may carry connotations offensive to good taste and decency or that would be
misleading; or
(ii) disparages a group based on:
(A) race;
(B) color;
(C) national origin;
(D) religion;
(E) age;
(F) sex;
(G) gender identity;
(H) sexual orientation;
(I) citizenship status; or
(J) physical or mental disability.
(b) [
The
] 
Subject to Subsection (4), the
 division may refuse to issue a combination of
letters, numbers, or both as a registration number if that same combination is already in use as a
registration number on an existing license plate.
(3) (a) Except as provided in Subsection (2) or (3)(b), 
and subject to Subsection (4)
 the
division may not refuse a combination of letters, numbers, or both as a registration number if:
(i) the license plate is [
an honor
] 
a veteran
 special group license plate as described in
Section 
41-1a-421
, and the combination of letters, numbers, or both refers to:
(A) a year related to military service;
(B) a military branch; or
(C) an official achievement, badge, or honor received for military service; or
(ii) the combination of letters, numbers, or both as a registration number refers to an
official state symbol described in Section 
63G-1-601
.
(b) [
If
] 
Subject to Subsection (4), if
 an applicant requests a combination containing
only numbers, the division may refuse the combination if the combination includes less than
four numerical digits.
(4) (a) Beginning July 1, 2022, the division may not accept an application for or issue a
personalized plate under this section.
(b) On or before October 1 of each year, the commission shall prepare and submit to
the Transportation Interim Committee a report on personalized license plate programs in other
states that provides:
(i) information on relevant court cases and rulings involving other state's personalized
license plate programs;
(ii) if available, other state responses to legal challenges to that state's personalized
license plate program; and
(iii) recommendations regarding Utah's personalized license plate program, including:
(A) reinstating the personalized license plate program;
(B) continuing the moratorium; or
(C) modifying or repealing the personalized license plate program.
Section 17. Section 
41-1a-416
 is amended to read:
41-1a-416.
Original issue license plates -- Alternative stickers -- Rulemaking.
(1) The owner of a motor vehicle that is a model year 1973 or older may apply to the
division for permission to display an original issue license plate [
of a format and type issued by
the state in the same year as the model year of the vehicle
].
[
(2) The owner of a motor vehicle who desires to display original issue license plates
instead of license plates issued under Section 
41-1a-401
 shall:
]
(2) An owner described in Subsection (1) shall:
(a) complete an application on a form provided by the division;
[
(b) supply and submit the original license plates that the owner desires to display to
the division for approval; and
]
(b) supply and submit to the division for approval the original issue license plate that
the owner intends to display on the motor vehicle; and
(c) pay the fees prescribed in Sections 
41-1a-1206
 and 
41-1a-1211
.
(3) [
The division, prior to approval of an application under this section,
] 
Before
approving an application under this section, the division
 shall determine that the original issue
license [
plates
] 
plate
:
(a) [
are
] 
is
 of a format and type issued by the state for use on a motor vehicle [
in this
state
];
(b) [
have
] 
has
 numbers and characters that are unique and do not conflict with existing
license plate series in this state;
(c) [
are
] 
is
 legible, durable, and otherwise in a condition that serves the purposes of this
chapter[
, except that original issue license plates are exempt from the provision of Section
41-1a-401
 regarding reflectorization and Section 
41-1a-403
 regarding legibility from 100 feet
];
and
(d) [
are
] 
is
 from the same year of issue as the model year of the motor vehicle on which
[
they are
] 
the original issue license plate is
 to be displayed.
(4) 
(a)
 [
An
] 
Except as provided in this section, the
 owner of a motor vehicle displaying
an
 original issue license [
plates
] 
plate
 approved under this section is not exempt from any
[
other requirement of
] 
requirement described in
 this chapter [
except as specified under this
section
].
(b) An original issue license plate approved under this section is exempt from:
(i) the provisions of Section 
41-1a-401
 regarding reflectorization; and
(ii) Section 
41-1a-403
.
(5) (a) [
An owner of a motor vehicle currently registered in this state whose original
issue license plates are not approved by the division because of the requirement in Subsection
(3)(b)
] 
A registered owner whose original issue license plate does not meet the requirement
described in Subsection (3)(b)
 may apply to the division for a sticker to allow the temporary
display of the original issue license [
plates
] 
plate
 if:
(i) the [
plates otherwise comply
] 
license plate otherwise complies
 with this section;
(ii) the [
plates are
] 
license plate is
 only displayed when the motor vehicle is used for
participating in motor vehicle club activities, exhibitions, tours, parades, and similar activities
[
and are not used for general daily transportation
];
(iii) the license [
plates
] 
plate
 and registration issued under this chapter for normal use
of the motor vehicle 
for general daily transportation
 on the highways of this state are kept in the
motor vehicle and shown to a peace officer on request; and
(iv) the sticker issued by the division under this subsection is properly affixed to the
face of the original issue license plate.
(b) The sticker issued under this section shall be the size and form customarily
furnished by the division.
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division may make rules for the implementation of this section.
Section 18. Section 
41-1a-418
 is amended to read:
41-1a-418.
Authorized special group license plates.
[
(1) The division shall only issue special group license plates in accordance with this
section through Section 
41-1a-422
 to a person who is specified under this section within the
categories listed as follows:
]
(1) In accordance with this chapter, the division shall issue to an eligible applicant a
special group license plate in one of the following categories:
(a) 
a
 disability special group license [
plates
] 
plate
 issued in accordance with Section
41-1a-420
;
(b) [
honor
] 
a veteran
 special group license [
plates, as in a war hero, which plates are
issued for a
] 
plate issued to
:
(i) 
a
 survivor of the Japanese attack on Pearl Harbor;
(ii) 
a
 former prisoner of war;
(iii) 
a
 recipient of a Purple Heart;
(iv) 
a
 disabled veteran; 
or
(v) 
a
 recipient of a gold star award issued by the United States Secretary of Defense;
[
or
]
[
(vi) recipient of a campaign or combat theater award determined by the Department of
Veterans and Military Affairs;
]
(c) 
a
 unique vehicle type special group license [
plates, as for historical, collectors
value, or other unique vehicle type, which plates are
] 
plate
 issued for:
(i) a special interest vehicle;
(ii) a vintage vehicle; 
or
(iii) a farm truck; [
or
]
[
(iv) (A) until Subsection (1)(c)(iv)(B) or (4) applies, a vehicle powered by clean fuel
as defined in Section 
59-13-102
; or
]
[
(B) beginning on the effective date of rules made by the Department of Transportation
authorized under Subsection 
41-6a-702
(5)(b) and until Subsection (4) applies, a vehicle
powered by clean fuel that meets the standards established by the Department of Transportation
in rules authorized under Subsection 
41-6a-702
(5)(b);
]
(d) 
a
 recognition special group license [
plates, which plates are
] 
plate
 issued for:
(i) a current member of the Legislature;
(ii) a current member of the United States Congress;
(iii) a current member of the National Guard;
(iv) a licensed amateur radio operator;
[
(v) a currently employed, volunteer, or retired firefighter until June 30, 2009;
]
[
(vi)
] 
(v)
 an emergency medical technician;
[
(vii)
] 
(vi)
 a current member of a search and rescue team;
[
(viii)
] 
(vii)
 a current honorary consulate designated by the United States Department
of State;
[
(ix)
] 
(viii)
 an individual supporting commemoration and recognition of women's
suffrage;
[
(x)
] 
(ix)
 an individual supporting a fraternal, initiatic order for those sharing moral
and metaphysical ideals, and designed to teach ethical and philosophical matters of brotherly
love, relief, and truth;
[
(xi)
] 
(x)
 an individual supporting the Utah Wing of the Civil Air Patrol; or
[
(xii)
] 
(xi)
 an individual supporting the recognition and continuation of the work and
life of Dr. Martin Luther King, Jr.; or
[
(e) support special group license plates, as for a contributor to an institution or cause,
which plates are issued for a contributor to:
]
[
(i) an institution's scholastic scholarship fund;
]
[
(ii) the Division of Wildlife Resources;
]
[
(iii) the Department of Veterans and Military Affairs;
]
[
(iv) the Division of State Parks or the Division of Recreation;
]
[
(v) the Department of Agriculture and Food;
]
[
(vi) the Guardian Ad Litem Services Account and the Children's Museum of Utah;
]
[
(vii) the Boy Scouts of America;
]
[
(viii) spay and neuter programs through No More Homeless Pets in Utah;
]
[
(ix) the Boys and Girls Clubs of America;
]
[
(x) Utah public education;
]
[
(xi) programs that provide support to organizations that create affordable housing for
those in severe need through the Division of Real Estate;
]
[
(xii) the Department of Public Safety;
]
[
(xiii) programs that support Zion National Park;
]
[
(xiv) beginning on July 1, 2009, programs that provide support to firefighter
organizations;
]
[
(xv) programs that promote bicycle operation and safety awareness;
]
[
(xvi) programs that conduct or support cancer research;
]
[
(xvii) programs that create or support autism awareness;
]
[
(xviii) programs that create or support humanitarian service and educational and
cultural exchanges;
]
[
(xix) until September 30, 2017, programs that conduct or support prostate cancer
awareness, screening, detection, or prevention;
]
[
(xx) programs that support and promote adoptions;
]
[
(xxi) programs that support issues affecting women and children through an
organization affiliated with a national professional men's basketball organization;
]
[
(xxii) programs that strengthen youth soccer, build communities, and promote
environmental sustainability through an organization affiliated with a professional men's soccer
organization;
]
[
(xxiii) programs that support children with heart disease;
]
[
(xxiv) programs that support the operation and maintenance of the Utah Law
Enforcement Memorial;
]
[
(xxv) programs that provide assistance to children with cancer;
]
[
(xxvi) programs that promote leadership and career development through agricultural
education;
]
[
(xxvii) the Utah State Historical Society;
]
[
(xxviii) programs to transport veterans to visit memorials honoring the service and
sacrifices of veterans;
]
[
(xxix) programs that promote motorcycle safety awareness;
]
[
(xxx) organizations that promote clean air through partnership, education, and
awareness;
]
[
(xxxi) programs dedicated to strengthening the state's Latino community through
education, mentoring, and leadership opportunities;
]
[
(xxxii) organizations dedicated to facilitating, connecting, registering, and advocating
for organ donors and donor families; or
]
[
(xxxiii) public education on behalf of the Kiwanis International clubs.
]
(e) a support special group license plate described in Section 
41-1a-1602
.
(2) [
(a)
] The division may not issue a new type of special group license plate or 
symbol
decal unless the division receives:
[
(i) (A)
] 
(a)
 a private donation for the start-up fee established under Section 
63J-1-504
for the production and administrative costs of providing the new special group license [
plates
or decals
] 
plate or symbol decal
; or
[
(B)
] 
(b)
 a legislative appropriation for the start-up fee [
provided under
] 
described in
Subsection (2)(a)[
(i)(A); and
]
.
[
(ii) beginning on January 1, 2012, and for the issuance of a support special group
license plate authorized in Section 
41-1a-422
, at least 500 completed applications for the new
type of support special group license plate or decal to be issued with all fees required under this
part for the support special group license plate or decal issuance paid by each applicant.
]
[
(b) (i) Beginning on January 1, 2012, each participating organization shall collect and
hold applications for support special group license plates or decals authorized in Section
41-1a-422
 on or after January 1, 2012, until it has received at least 500 applications.
]
[
(ii) Once a participating organization has received at least 500 applications, it shall
submit the applications, along with the necessary fees, to the division for the division to begin
working on the design and issuance of the new type of support special group license plate or
decal to be issued.
]
[
(iii) Beginning on January 1, 2012, the division may not work on the issuance or
design of a new support special group license plate or decal authorized in Section 
41-1a-422
until the applications and fees required under this Subsection (2) have been received by the
division.
]
[
(iv) The division shall begin issuance of a new support special group license plate or
decal authorized in Section 
41-1a-422
 on or after January 1, 2012, no later than six months
after receiving the applications and fees required under this Subsection (2).
]
[
(c) (i) Beginning on July 1, 2009, the division may not renew a motor vehicle
registration of a motor vehicle that has been issued a firefighter recognition special group
license plate unless the applicant is a contributor as defined in Subsection
41-1a-422
(1)(a)(ii)(D) to the Firefighter Support Restricted Account.
]
[
(ii) A registered owner of a vehicle that has been issued a firefighter recognition
special group license plate prior to July 1, 2009, upon renewal of the owner's motor vehicle
registration shall:
]
[
(A) be a contributor to the Firefighter Support Restricted Account as required under
Subsection (2)(c)(i); or
]
[
(B) replace the firefighter recognition special group license plate with a new license
plate.
]
[
(3) Beginning on July 1, 2011, if a support special group license plate or decal type
authorized in Section 
41-1a-422
 and issued on or after January 1, 2012, has fewer than 500
license plates issued each year for a three consecutive year time period that begins on July 1,
the division may not issue that type of support special group license plate or decal to a new
applicant beginning on January 1 of the following calendar year after the three consecutive year
time period for which that type of support special group license plate or decal has fewer than
license plates issued each year.
]
[
(4) Beginning on July 1, 2011, the division may not issue to an applicant a unique
vehicle type license plate for a vehicle powered by clean fuel under Subsection (1)(c)(iv).
]
[
(5) (a) Beginning on October 1, 2017, the division may not issue a new prostate cancer
support special group license plate.
]
[
(b) A registered owner of a vehicle that has been issued a prostate cancer support
special group license plate before October 1, 2017, may renew the owner's motor vehicle
registration, with the contribution allocated as described in Section 
41-1a-422
.
]
Section 19. Section 
41-1a-419
 is amended to read:
41-1a-419.
Plate design -- Vintage vehicle certification and registration --
Personalized special group license plates -- Rulemaking.
[
(1) (a) The design and maximum number of numerals or characters on special group
license plates shall be determined by the division in accordance with the requirements under
Subsection (1)(b).
]
(1) (a) In accordance with Subsection (1)(b), the division shall determine the design
and maximum number of numerals or characters on a special group license plate.
(b) (i) Except as provided in Subsection (1)(b)(ii), each special group license plate
shall display:
(A) the word Utah;
(B) the name or identifying slogan of the special group;
(C) a symbol decal not exceeding two positions in size representing the special group;
and
(D) the combination of letters, numbers, or both uniquely identifying the registered
vehicle.
(ii) The division, in consultation with the Utah State Historical Society, shall design
the historical support special group license plate, which shall:
(A) have a black background;
(B) have white characters; and
(C) display the word Utah.
(2) (a) The division shall, after consultation with a representative designated by the
special group 
or sponsoring organization as defined in Section 
41-1a-1601
, specify the word or
words comprising the special group name and the symbol decal to be displayed upon the
special group license [
plates
] 
plate
.
(b) A special group license plate symbol decal may not be redesigned:
(i) unless the division receives a redesign fee established by the division under Section
63J-1-504
; and
(ii) more frequently than every five years.
(c) [
(i) Except as provided in Subsection (2)(c)(ii), a
] 
A
 special group license plate
symbol decal may not be reordered unless the division receives a symbol decal reorder fee
established by the division [
under
] 
in accordance with
 Section 
63J-1-504
.
[
(ii) A recognition special group license plate symbol decal for a currently employed,
volunteer, or retired firefighter issued in accordance with Subsection 
41-1a-418
(1)(d)(v) that is
reordered on or after July 1, 2007, but on or before June 30, 2008, is exempt from the symbol
decal reorder fee authorized under Subsection (2)(c)(i).
]
(3) The license plates issued for horseless carriages prior to July 1, 1992, are valid
without renewal as long as the vehicle is owned by the registered owner and the license plates
may not be recalled by the division.
[
(4) A person who meets the criteria established under Sections 
41-1a-418
 through
41-1a-422
 for issuance of special group license plates may make application in the same
manner provided in Sections 
41-1a-410
 and 
41-1a-411
 for personalized special group license
plates.
]
(4) A person who meets the requirements described in this part or Part 16, Support
Special Group License Plates, for a special group license plate may, in accordance with
Sections 
41-1a-410
 and 
41-1a-411
, apply for a personalized special group license plate.
(5) [
The
] 
Subject to the provisions of this chapter, the
 commission shall make rules in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
(a) establish qualifying criteria for persons to receive, renew, or surrender special group
license plates; and
(b) establish the maximum number of numerals or characters for special group license
plates.
Section 20. Section 
41-1a-421
 is amended to read:
41-1a-421.
Veteran special group license plates -- Personal identity requirements.
(1) (a) The requirements of this Subsection (1) apply to a vehicle displaying a:
(i) survivor of the Japanese attack on Pearl Harbor license plate;
(ii) former prisoner of war license plate;
(iii) Purple Heart license plate;
(iv) disabled veteran license plate; or
(v) 
a state agency revenue support special group license plate as defined in Section
41-1a-1601
 for a recipient of a
 campaign or combat theater award [
license plate
].
[
(b) The vehicle shall be titled in the name of the veteran or the veteran and spouse.
]
(b) A person may not display a license plate described in Subsection (1) on a vehicle,
unless the vehicle is titled in:
(i) the veteran's name; or
(ii) both the veteran's and the veteran's spouse's name.
(c) Upon the death of the veteran, the 
veteran's
 surviving spouse may, upon application
to the division, retain the special group license plate 
symbol
 decal [
so long as
] 
if
 the 
veteran's
surviving spouse remains unmarried.
[
(d) The division shall require the surviving spouse to make a sworn statement that the
surviving spouse is unmarried before renewing the registration under this section.
]
(d) Before a veteran's surviving spouse renews a registration under this section, the
division shall require the veteran's surviving spouse to submit a sworn statement to the division
that states the veteran's surviving spouse remains unmarried.
(2) Proper evidence of a Purple Heart is either:
(a) a membership card in the Military Order of the Purple Heart; or
(b) an original or certificate in lieu of the applicant's military discharge form, DD-214,
issued by the National Personnel Records Center.
(3) The Purple Heart license plates shall bear:
(a) the words "Purple Heart" at the bottom of the plate;
(b) a logo substantially depicting a Purple Heart award; and
(c) the letter and number combinations assigned by the division.
(4) Proper evidence that a person is a disabled veteran is a written document issued by
a military entity certifying that the person is disabled as a result of service in a branch of the
United States Military.
(5) A disabled veteran seeking a disabled veteran license plate shall request the
Department of Veterans and Military Affairs to provide the verification required under
Subsection (4).
(6) (a) An applicant for a gold star license plate shall submit written documentation
that the applicant is a recipient of a gold star award issued by the United States Secretary of
Defense.
(b) Written documentation under Subsection (6)(a) may include any of the following:
(i) a death certificate;
(ii) documentation showing classification of death as listed by the United States
Secretary of Defense;
(iii) a casualty report;
(iv) a telegram from the United States Secretary of Defense or one of the branches of
the United States armed forces; or
(v) other documentation that verifies the applicant meets the requirements of
Subsection (6)(a).
[
(7) An applicant for a campaign or combat theater award special group license plate
shall:
]
[
(a) be a contributor in accordance with Subsections 
41-1a-422
(1)(a)(i)(B) and
(1)(a)(ii)(A); and
]
[
(b) submit a form to the division obtained from the Department of Veterans and
Military Affairs which verifies that the applicant qualifies for the campaign or combat theater
award special group license plate requested.
]
[
(8) Each campaign or combat theater award special group license plate authorized by
the Department of Veterans and Military Affairs shall be considered a new special group
license plate and require the payment of the fees associated with newly authorized special
group license plates.
]
Section 21. Section 
41-1a-1201
 is amended to read:
41-1a-1201.
Disposition of fees.
(1) All fees received and collected under this part shall be transmitted daily to the state
treasurer.
(2) Except as provided in Subsections (3), (6), (7), (8), and (9) and Sections
[
41-1a-422,
] 
41-1a-1220
, 
41-1a-1221
, [
and
] 
41-1a-1223
,
 and 41-1a-1603,
 all fees collected
under this part shall be deposited [
in
] 
into
 the Transportation Fund.
(3) Funds generated under Subsections 
41-1a-1211
(1)(b)(ii), (6)(b)(ii), and (7) and
Section 
41-1a-1212
 may be used by the commission to cover the costs incurred in issuing
license plates under Part 4, License Plates and Registration Indicia.
(4) In accordance with Section 
63J-1-602.2
, all funds available to the commission for
the purchase and distribution of license plates and decals are nonlapsing.
(5) (a) Except as provided in Subsections (3) and (5)(b) and Section 
41-1a-1205
, the
expenses of the commission in enforcing and administering this part shall be provided for by
legislative appropriation from the revenues of the Transportation Fund.
(b) Three dollars of the registration fees imposed under Subsections 
41-1a-1206
(2)(a)
and (b) for each vehicle registered for a six-month registration period under Section
41-1a-215.5
 may be used by the commission to cover the costs incurred in enforcing and
administering this part.
(6) (a) The following portions of the registration fees imposed under Section
41-1a-1206
 for each vehicle shall be deposited in the Transportation Investment Fund of 2005
created under Section 
72-2-124
:
(i) $30 of the registration fees imposed under Subsections 
41-1a-1206
(1)(a), (1)(b),
(1)(f), (4), and (7);
(ii) $21 of the registration fees imposed under Subsections 
41-1a-1206
(1)(c)(i) and
(1)(c)(ii);
(iii) $2.50 of the registration fee imposed under Subsection 
41-1a-1206
(1)(e)(ii);
(iv) $23 of the registration fee imposed under Subsection 
41-1a-1206
(1)(d)(i);
(v) $24.50 of the registration fee imposed under Subsection 
41-1a-1206
(1)(e)(i); and
(vi) $1 of the registration fee imposed under Subsection 
41-1a-1206
(1)(d)(ii).
(b) The following portions of the registration fees collected for each vehicle registered
for a six-month registration period under Section 
41-1a-215.5
 shall be deposited in the
Transportation Investment Fund of 2005 created by Section 
72-2-124
:
(i) $23.25 of each registration fee collected under Subsection 
41-1a-1206
(2)(a)(i); and
(ii) $23 of each registration fee collected under Subsection 
41-1a-1206
(2)(a)(ii).
(7) (a) Ninety-four cents of each registration fee imposed under Subsections
41-1a-1206
(1)(a) and (b) for each vehicle shall be deposited in the Public Safety Restricted
Account created in Section 
53-3-106
.
(b) Seventy-one cents of each registration fee imposed under Subsections
41-1a-1206
(2)(a) and (b) for each vehicle registered for a six-month registration period under
Section 
41-1a-215.5
 shall be deposited in the Public Safety Restricted Account created in
Section 
53-3-106
.
(8) (a) One dollar of each registration fee imposed under Subsections 
41-1a-1206
(1)(a)
and (b) for each vehicle shall be deposited into the Motor Vehicle Safety Impact Restricted
Account created in Section 
53-8-214
.
(b) One dollar of each registration fee imposed under Subsections 
41-1a-1206
(2)(a)
and (b) for each vehicle registered for a six-month registration period under Section
41-1a-215.5
 shall be deposited into the Motor Vehicle Safety Impact Restricted Account
created in Section 
53-8-214
.
(9) Fifty cents of each registration fee imposed under Subsection 
41-1a-1206
(1)(a) for
each motorcycle shall be deposited [
in
] 
into
 the Spinal Cord and Brain Injury Rehabilitation
Fund created in Section 
26-54-102
.
Section 22. Section 
41-1a-1211
 is amended to read:
41-1a-1211.
License plate fees -- Application fees for issuance and renewal of
personalized and special group license plates -- Replacement fee for license plates --
Postage fees.
(1) (a) Except as provided in Subsections (11), (12), (13), and (14), a license plate fee
established in accordance with Section 
63J-1-504
 shall be paid to the division for the issuance
of any new license plate under Part 4, License Plates and Registration Indicia.
(b) The license plate fee shall be deposited as follows:
(i) $1 in the Transportation Fund; and
(ii) the remainder of the fee charged under Subsection (1)(a), as provided in Section
41-1a-1201
.
(2) An applicant for original issuance of personalized license plates issued under
Section 
41-1a-410
 shall pay a $50 per set license plate application fee in addition to the fee
required in Subsection (1).
(3) Beginning July 1, 2003, a person who applies for a special group license plate shall
pay a $5 fee for the original set of license plates in addition to the fee required under
Subsection (1).
(4) An applicant for original issuance of personalized special group license plates shall
pay the license plate application fees required in Subsection (2) in addition to the license plate
fees and license plate application fees established under Subsections (1) and (3).
(5) An applicant for renewal of personalized license plates issued under Section
41-1a-410
 shall pay a $10 per set application fee.
(6) (a) The division may charge a fee established under Section 
63J-1-504
 to recover
the costs for the replacement of any license plate issued under Part 4, License Plates and
Registration Indicia.
(b) The license plate fee shall be deposited as follows:
(i) $1 in the Transportation Fund; and
(ii) the remainder of the fee charged under Subsection (6)(a), as provided in Section
41-1a-1201
.
(7) The division may charge a fee established under Section 
63J-1-504
 to recover [
its
]
the division's
 costs for the replacement of [
decals
] 
a symbol decal
 issued under Section
41-1a-418
.
(8) The division may charge a fee established under Section 
63J-1-504
 to recover the
cost of issuing stickers under Section 
41-1a-416
.
(9) In addition to any other fees required by this section, the division shall assess a fee
established under Section 
63J-1-504
 to cover postage expenses if new or replacement license
plates are mailed to the applicant.
(10) The fees required under this section are separate from and in addition to
registration fees required under Section 
41-1a-1206
.
(11) (a) An applicant for a license plate issued under Section 
41-1a-407
 is not subject
to the license plate fee under Subsection (1).
(b) An applicant for a Purple Heart special group license plate issued in accordance
with Section 
41-1a-421
 is exempt from the fees under Subsections (1), (3), and (7).
(12) A person is exempt from the fee under Subsection (1) or (6) if the person:
(a) was issued a clean fuel special group license plate in accordance with Section
41-1a-418
 prior to the effective date of rules made by the Department of Transportation under
Subsection 
41-6a-702
(5)(b);
(b) beginning on the effective date of rules made by the Department of Transportation
authorized under Subsection 
41-6a-702
(5)(b), is no longer eligible for a clean fuel special
group license plate under the rules made by the Department of Transportation; and
(c) upon renewal or reissuance, is required to replace the clean fuel special group
license plate with a new license plate.
[
(13) Until June 30, 2011, a person is exempt from the license plate fee under
Subsection (1) or (6) if the person:
]
[
(a) was issued a firefighter recognition special group license plate in accordance with
Section 
41-1a-418
 prior to July 1, 2009;
]
[
(b) upon renewal of the person's vehicle registration on or after July 1, 2009, is not a
contributor to the Firefighter Support Restricted Account as required under Section 
41-1a-418
;
and
]
[
(c) is required to replace the firefighter special group license plate with a new license
plate in accordance with Section 
41-1a-418
.
]
[
(14)
] 
(13)
 A person is not subject to the license plate fee under Subsection (1) if the
person presents official documentation that the person is a recipient of the Purple Heart Award
issued:
(a) by a recognized association representing peace officers who:
(i) receives a salary from a federal, state, county, or municipal government or any
subdivision of the state; and
(ii) works in the state; or
(b) in accordance with Subsection 
41-1a-421
(2).
Section 23. Section 
41-1a-1212
 is amended to read:
41-1a-1212.
Fee for replacement of license plate decals.
A fee established in accordance with Section 
63J-1-504
 shall be paid to the division for
the replacement of a license plate 
registration
 decal required by Section 
41-1a-402
 or a
registration
 decal required by Section 
41-1a-401
.
Section 24. Section 
41-1a-1305
 is amended to read:
41-1a-1305.
License plate and registration card violations -- Class C
misdemeanor.
It is a class C misdemeanor:
(1) to break, injure, interfere with, or remove from any vehicle any seal, lock, or device
on it for holding or displaying any license plate or registration card attached for denoting
registration and identity of the vehicle;
(2) to remove from any registered vehicle the license plate or registration card issued or
attached to it for its registration;
(3) to place or display any license plate or registration card upon any other vehicle than
the one for which it was issued by the division;
(4) to use or permit the use or display of any license plate, registration card, or permit
upon or in the operation of any vehicle other than that for which it was issued;
(5) to operate upon any highway of this state any vehicle required by law to be
registered without having the license plate or plates securely attached, except that the
registration card issued by the division to all trailers and semitrailers shall be carried in the
towing vehicle;
(6) for any weighmaster to knowingly make any false entry in his record of weights of
vehicles subject to registration or to knowingly report to the commission or division any false
information regarding the weights;
(7) for any inspector, officer, agent, employee, or other person performing any of the
functions required for the registration or operation of vehicles subject to registration, to do,
permit, cause, connive at, or permit to be done any act with the intent, or knowledge that the
probable effect of the act would be to injure any person, deprive him of his property, or to
injure or defraud the state with respect to its revenues relating to title or registration of
vehicles;
(8) for any person to combine or conspire with another to do, attempt to do, or cause or
allow any of the acts in this chapter classified as a misdemeanor;
(9) to operate any motor vehicle with a camper mounted on it upon any highway
without displaying a current 
registration
 decal in clear sight upon the rear of the camper, issued
by the county assessor of the county in which the camper has situs for taxation;
(10) to manufacture, use, display, or sell any facsimile or reproduction of any license
plate issued by the division or any article that would appear to be a substitute for a license
plate; or
(11) to fail to return to the division any registration card, license plate or plates,
registration
 decal, permit, or title that has been canceled, suspended, voided, or revoked.
Section 25. Section 
41-1a-1601
 is enacted to read:
Part 16. Support Special Group License Plates
 41-1a-1601.
Definitions.
As used in this part:
(1) "Applicant" means a registered owner who submits an application for a support
special group license plate in accordance with this part.
(2) "Collegiate support special group license plate" means a support special group
license plate issued to a contributor to an institution.
(3) "Contributor" means an applicant who contributes the required contribution to a
sponsoring organization for a support special group license plate.
(4) "Existing support special group license plate" means a support special group license
plate that the division issues:
(a) as of January 1, 2023; or
(b) in accordance with this part on or after January 1, 2023.
(5) "Institution" means:
(a) a state institution of higher education as defined in Section 
53B-3-102
; or
(b) a private institution of higher education in the state accredited by a regional or
national accrediting agency recognized by the United State Department of Education.
(6) "Private nonprofit organization" means a private nonprofit organization that:
(a) qualifies as being tax exempt under Section 501(c)(3) of the Internal Revenue
Code; and
(b) has a charitable purpose or scientific research purpose.
(7) "Private nonprofit support special group license plate" means a support special
group license plate issued to a contributor to a private nonprofit organization.
(8) "Required contribution" means:
(a) the minimum contribution amount established by the division under Subsection
41-1a-1603
(4)(a)(iii); or
(b) if the sponsoring organization establishes a minimum contribution amount in
accordance with Subsection 
41-1a-1603
(4)(b), the amount the sponsoring organization
establishes under Subsection 
41-1a-1603
(4)(b).
(9) "Sponsoring organization" means an institution, a private nonprofit, or a state
agency that:
(a) is or seeks to be associated with a support special group license plate; and
(b) receives or seeks to receive contributions from applicants as part of the support
special group license plate program created under this part.
(10) (a) "State agency revenue support special group license plate" means a support
special group license plate issued to a contributor to a state agency to support a specific state
agency program.
(b) "State agency revenue support special group license plate" includes:
(i) a veterans support special group license plate displaying a symbol representing the
Army, Navy, Air Force, Marines, Coast Guard, or American Legion; and
(ii) a campaign or combat theater award support special group license plate.
(11) "Support special group license plate" means a license plate:
(a) designed for and associated with a sponsoring organization; and
(b) issued to a contributor to the sponsoring organization in accordance with this part.
Section 26. Section 
41-1a-1602
 is enacted to read:
 41-1a-1602.
Support special group license plate program.
(1) The division shall establish and administer a support special group license plate
program as described in this part.
(2) The division shall issue to an applicant who satisfies the requirements of this part
one of the following:
(a) a collegiate support special group license plate;
(b) a private nonprofit support special group license plate; or
(c) a state agency revenue support special group license plate.
Section 27. Section 
41-1a-1603
 is enacted to read:
 41-1a-1603.
Application Requirements -- Fees -- Contributions -- Rulemaking.
(1) An applicant for an original issue or renewal of a support special group license
plate shall submit to the division:
(a) in a form and manner that the division prescribes, a complete application;
(b) payment of the fee for the issuance or renewal of the support special group license
plate established under Subsection (4)(a)(i);
(c) (i) the required contribution for the support special group license plate; or
(ii) if the application is for a new type of support special group license plate, a copy of
the verification form that verifies that the applicant is a contributor to the sponsoring
organization; and
(d) if the application is for a state agency revenue support special group license plate
that is a campaign or combat theater award support special group license plate, a form obtained
from the Department of Veterans and Military Affairs that verifies the applicant is a recipient
of a campaign or combat theater award.
(2) (a) An applicant who wishes to obtain a new type of support special group license
plate may preorder the new type of support special group license plate by:
(i) submitting a complete preorder form created by the division to the sponsoring
organization associated with the new type of support special group license plate; and
(ii) making the required contribution to the sponsoring organization.
(b) After the division approves the sponsoring organization's request for the new type
of support special group license plate under Section 
41-1a-1604
, an applicant who submitted a
preorder in accordance with this subsection shall apply for the support special group license
plate in accordance with Subsection (1).
(3) After the division issues a support special group license plate or renewal decal, the
division shall charge the sponsoring organization a fee for the division's management and
administrative expenses incurred in issuing and renewing the support special group license
plate.
(4) (a) The division shall, in accordance with Section 
63J-1-504
, establish:
(i) the fee to charge an applicant for the division's costs of issuing or renewing an
original issue or renewal support special group license plate or symbol decal;
(ii) the fee to charge a sponsoring organization for the division's costs of designing and
administering a new type of support special group license plate; and
(iii) subject to Subsection (4)(b), the minimum contribution amount an applicant is
required to make before the applicant may obtain or renew the sponsoring organization's
support special group license plate.
(b) A sponsoring organization may establish a required contribution amount for the
sponsoring organization's support special group license plate that is greater than the amount
established by the division under Subsection (4)(a)(iii).
(5) (a) The division shall, at least annually, deposit collected contributions under this
section into the appropriate account less the division's actual administrative costs associated
with issuing the support special group license plate.
(b) An applicant's contribution described in this section is a voluntary contribution for
funding the sponsoring organization's activities and not a motor vehicle registration fee.
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission shall make rules to establish and administer the support special group license plate
program, including to:
(a) implement the eligibility criteria;
(b) approve a new type of support special group license plate;
(c) continue an existing support special group license plate; and
(d) discontinue an existing support special group license plate.
Section 28. Section 
41-1a-1604
 is enacted to read:
 41-1a-1604.
New support special group license plates -- Eligibility criteria.
(1) Subject to the other provisions of this part, after a sponsoring organization receives
preorders under Subsection 
41-1a-1603
(2) for a new type of support special group license
plate, the sponsoring organization shall submit to the division, in a form and manner the
division prescribes:
(a) a request to issue the new type of support special group license plate;
(b) at least 500 complete preorder applications for the new type of support special
group license plate;
(c) the fee for the cost of designing and administering the new type of support special
group license plate established under Subsection 
41-1a-1603
(4)(a)(ii); and
(d) if the new type of support special group license plate is a private nonprofit special
group license plate:
(i) information about the sponsoring organization specified by commission rule;
(ii) contact information for an individual representing the sponsoring organization;
(iii) account information for directing funds the division receives through the support
special group license plate program to the sponsoring organization; and
(iv) evidence that the sponsoring organization maintains a functional website that:
(A) explains how the contributions to the organization will be used in accordance with
this section;
(B) makes available the sponsoring organization's current IRS Form 990; and
(C) provides instructions for how to donate and become eligible for the organization's
proposed or existing support special group license plate.
(2) The division may not begin design work on or issue a new type of support special
group license plate unless the sponsoring organization satisfies the requirements of Subsection
(1).
(3) A sponsoring organization of a new type of support special group license plate
shall:
(a) collect and hold each complete preorder application for the support special group
license plate until the sponsoring organization receives at least 500 complete preorder
applications and the required contributions; and
(b) once the sponsoring organization receives at least 500 complete preorder
applications and required contributions, submit to the division the complete preorder
applications and the required fees described in Subsection 
41-1a-1603
(4)(a)(ii).
(4) The division shall begin issuing the new type of support special group license plate
no later than six months after the day on which the division receives the items described in
Subsection (1).
(5) The division may consider a support special group license plate for more than one
military branch as a single license plate type for the purposes of meeting the eligibility criteria
described in this section.
Section 29. Section 
41-1a-1605
 is enacted to read:
 41-1a-1605.
Collegiate support special group license plates.
(1) A sponsoring organization that is an institution shall:
(a) issue to each contributor a verification form designed by the commission that
includes:
(i) the name of the contributor;
(ii) the institution's name; and
(iii) the date of the contribution; and
(b) only use funds received through the support special group license plate program for
the institution's scholastic scholarships.
(2) The state auditor may audit each institution to verify that the money an institution
collects from contributors is used only for scholastic scholarships.
Section 30. Section 
41-1a-1606
 is enacted to read:
 41-1a-1606.
Private nonprofit support special group license plates.
(1) A sponsoring organization that is a private nonprofit organization shall:
(a) issue to each contributor a verification form designed by the commission that
includes:
(i) the name of the contributor;
(ii) the private nonprofit organization's name; and
(iii) the date of the contribution; and
(b) only use funds received through the support special group license plate program to
pay the private nonprofit organization's employee salaries, administrative costs, or fundraising
expenses.
(2) A private nonprofit organization may collect a contributor's personal information
for the purposes of future fundraising and any required reporting.
Section 31. Section 
41-1a-1607
 is enacted to read:
 41-1a-1607.
State agency revenue support special group license plates.
(1) (a) Except as provided in Subsection (1)(b), a sponsoring organization that is a state
agency may not submit a request for a new type of state agency revenue support special group
license plate unless the governor or the governor's designee approves the request and the
funding source from which to pay the fee established under Subsection 
41-1a-1603
(4)(a)(ii).
(b) Upon a request from the state agency, the executive director of the commission may
exempt a state agency from the requirements of Subsection (1)(a).
(2) A sponsoring organization that is a state agency shall issue to a contributor a
verification form designed by the commission that includes:
(a) the name of the contributor;
(b) the state agency's name; and
(c) the date of the contribution.
(3) The money collected from a state agency revenue support special group license
plate:
(a) shall be used to support the implementation or administration of the state agency's
designated program described in Subsection (1)(a); and
(b) may not be directed to a nongovernmental entity.
Section 32. Section 
41-1a-1608
 is enacted to read:
 41-1a-1608.
Review -- Discontinuance.
(1) The division shall annually review each support special group license plate to
determine the number of each type of support special group license plates the division issued
during the preceding calendar year.
(2) If the division issues fewer than 500 support special group license plates of a
particular type each year for two consecutive years, beginning on January 1 of the calendar year
following the second annual review, the division may not issue the support special group
license plate.
(3) If the division discontinues a type of support special group license plate in
accordance with this section, the division may not reissue the support special group license
plate, unless the sponsoring organization submits a request for a new type of support special
group license plate in accordance with Section 
41-1a-1604
.
Section 33. Section 
41-1a-1609
 is enacted to read:
 41-1a-1609.
Transition of existing support special group license plates.
(1) Except as provided in this section, the division may not issue an existing support
special group license plate on or after January 1, 2023.
(2) The division may issue an existing support special group license plate if:
(a) the sponsoring organization submits to the division a request to sponsor the support
special group license plate in accordance with Subsection 
41-1a-1604
(1); and
(b) the division issued at least 500 of the existing support special group license plate
each of the two calendar years immediately preceding January 1, 2023.
(3) If a sponsoring organization that is a state agency meets the requirements of
Subsection (2), upon notice to the division, the sponsoring organization may transfer the
support special group license plate to a private nonprofit to sponsor the support special group
license plate as a private nonprofit support special group license plate.
(4) If the division discontinues an existing support special group license plate in
accordance with this section, the division may reissue the existing support special group license
plate only if:
(a) a sponsoring organization submits to the division a request to reissue an existing
support special group license plate; and
(b) the request meets the initial eligibility requirements described in Subsection
41-1a-1604
.
(5) (a) A registered owner who was issued a support special group license plate that the
division discontinues in accordance with this section may continue to display the license plate
upon renewing the motor vehicle's registration.
(b) A registered owner described in Subsection (5)(a) is not required to pay a
contribution to the sponsoring organization associated with the support special group license
plate.
(6) The division may not transfer a discontinued support special group license plate to
a new registered owner.
Section 34. Section 
41-6a-1642
 is amended to read:
41-6a-1642.
Emissions inspection -- County program.
(1) The legislative body of each county required under federal law to utilize a motor
vehicle emissions inspection and maintenance program or in which an emissions inspection
and maintenance program is necessary to attain or maintain any national ambient air quality
standard shall require:
(a) a certificate of emissions inspection, a waiver, or other evidence the motor vehicle
is exempt from emissions inspection and maintenance program requirements be presented:
(i) as a condition of registration or renewal of registration; and
(ii) at other times as the county legislative body may require to enforce inspection
requirements for individual motor vehicles, except that the county legislative body may not
routinely require a certificate of emissions inspection, or waiver of the certificate, more often
than required under Subsection (9); and
(b) compliance with this section for a motor vehicle registered or principally operated
in the county and owned by or being used by a department, division, instrumentality, agency, or
employee of:
(i) the federal government;
(ii) the state and any of its agencies; or
(iii) a political subdivision of the state, including school districts.
(2) A vehicle owner subject to Subsection (1) shall obtain a motor vehicle emissions
inspection and maintenance program certificate of emissions inspection as described in
Subsection (1), but the program may not deny vehicle registration based solely on the presence
of a defeat device covered in the Volkswagen partial consent decrees or a United States
Environmental Protection Agency-approved vehicle modification in the following vehicles:
(a) a 2.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide
emissions are mitigated in the state pursuant to a partial consent decree, including:
(i) Volkswagen Jetta, model years 2009, 2010, 2011, 2012, 2013, 2014, and 2015;
(ii) Volkswagen Jetta Sportwagen, model years 2009, 2010, 2011, 2012, 2013, and
2014;
(iii) Volkswagen Golf, model years 2010, 2011, 2012, 2013, 2014, and 2015;
(iv) Volkswagen Golf Sportwagen, model year 2015;
(v) Volkswagen Passat, model years 2012, 2013, 2014, and 2015;
(vi) Volkswagen Beetle, model years 2013, 2014, and 2015;
(vii) Volkswagen Beetle Convertible, model years 2013, 2014, and 2015; and
(viii) Audi A3, model years 2010, 2011, 2012, 2013, and 2015; and
(b) a 3.0-liter diesel engine motor vehicle in which its lifetime nitrogen oxide
emissions are mitigated in the state to a settlement, including:
(i) Volkswagen Touareg, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015, and 
2016;
(ii) Audi Q7, model years 2009, 2010, 2011, 2012, 2013, 2014, 2015, and 2016;
(iii) Audi A6 Quattro, model years 2014, 2015, and 2016;
(iv) Audi A7 Quattro, model years 2014, 2015, and 2016;
(v) Audi A8, model years 2014, 2015, and 2016;
(vi) Audi A8L, model years 2014, 2015, and 2016;
(vii) Audi Q5, model years 2014, 2015, and 2016; and
(viii) Porsche Cayenne Diesel, model years 2013, 2014, 2015, and 2016. 
(3) (a) The legislative body of a county identified in Subsection (1), in consultation
with the Air Quality Board created under Section 
19-1-106
, shall make regulations or
ordinances regarding:
(i) emissions standards;
(ii) test procedures;
(iii) inspections stations;
(iv) repair requirements and dollar limits for correction of deficiencies; and
(v) certificates of emissions inspections.
(b) In accordance with Subsection (3)(a), a county legislative body:
(i) shall make regulations or ordinances to attain or maintain ambient air quality
standards in the county, consistent with the state implementation plan and federal
requirements;
(ii) may allow for a phase-in of the program by geographical area; and
(iii) shall comply with the analyzer design and certification requirements contained in
the state implementation plan prepared under Title 19, Chapter 2, Air Conservation Act.
(c) The county legislative body and the Air Quality Board shall give preference to an
inspection and maintenance program that:
(i) is decentralized, to the extent the decentralized program will attain and maintain
ambient air quality standards and meet federal requirements;
(ii) is the most cost effective means to achieve and maintain the maximum benefit with
regard to ambient air quality standards and to meet federal air quality requirements as related to
vehicle emissions; and
(iii) provides a reasonable phase-out period for replacement of air pollution emission
testing equipment made obsolete by the program.
(d) The provisions of Subsection (3)(c)(iii) apply only to the extent the phase-out:
(i) may be accomplished in accordance with applicable federal requirements; and
(ii) does not otherwise interfere with the attainment and maintenance of ambient air
quality standards.
(4) The following vehicles are exempt from an emissions inspection program and the
provisions of this section:
(a) an implement of husbandry as defined in Section 
41-1a-102
;
(b) a motor vehicle that:
(i) meets the definition of a farm truck under Section 
41-1a-102
; and
(ii) has a gross vehicle weight rating of 12,001 pounds or more;
(c) 
subject to Subsection (14),
 a vintage vehicle as defined in Section 
41-21-1
;
(d) a custom vehicle as defined in Section 
41-6a-1507
;
(e) to the extent allowed under the current federally approved state implementation
plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401, et seq., a motor
vehicle that is less than two years old on January 1 based on the age of the vehicle as
determined by the model year identified by the manufacturer;
(f) a pickup truck, as defined in Section 
41-1a-102
, with a gross vehicle weight rating
of 12,000 pounds or less, if the registered owner of the pickup truck provides a signed
statement to the legislative body stating the truck is used:
(i) by the owner or operator of a farm located on property that qualifies as land in
agricultural use under Sections 
59-2-502
 and 
59-2-503
; and
(ii) exclusively for the following purposes in operating the farm:
(A) for the transportation of farm products, including livestock and its products,
poultry and its products, floricultural and horticultural products; and
(B) in the transportation of farm supplies, including tile, fence, and every other thing or
commodity used in agricultural, floricultural, horticultural, livestock, and poultry production
and maintenance;
(g) a motorcycle as defined in Section 
41-1a-102
;
(h) an electric motor vehicle as defined in Section 
41-1a-102
; and
(i) a motor vehicle with a model year of 1967 or older.
(5) The county shall issue to the registered owner who signs and submits a signed
statement under Subsection (4)(f) a certificate of exemption from emissions inspection
requirements for purposes of registering the exempt vehicle.
(6) A legislative body of a county described in Subsection (1) may exempt from an
emissions inspection program a diesel-powered motor vehicle with a:
(a) gross vehicle weight rating of more than 14,000 pounds; or
(b) model year of 1997 or older.
(7) The legislative body of a county required under federal law to utilize a motor
vehicle emissions inspection program shall require:
(a) a computerized emissions inspection for a diesel-powered motor vehicle that has:
(i) a model year of 2007 or newer;
(ii) a gross vehicle weight rating of 14,000 pounds or less; and
(iii) a model year that is five years old or older; and
(b) a visual inspection of emissions equipment for a diesel-powered motor vehicle:
(i) with a gross vehicle weight rating of 14,000 pounds or less;
(ii) that has a model year of 1998 or newer; and
(iii) that has a model year that is five years old or older.
(8) (a) Subject to Subsection (8)(c), the legislative body of each county required under
federal law to utilize a motor vehicle emissions inspection and maintenance program or in
which an emissions inspection and maintenance program is necessary to attain or maintain any
national ambient air quality standard may require each college or university located in a county
subject to this section to require its students and employees who park a motor vehicle not
registered in a county subject to this section to provide proof of compliance with an emissions
inspection accepted by the county legislative body if the motor vehicle is parked on the college
or university campus or property.
(b) College or university parking areas that are metered or for which payment is
required per use are not subject to the requirements of this Subsection (8).
(c) The legislative body of a county shall make the reasons for implementing the
provisions of this Subsection (8) part of the record at the time that the county legislative body
takes its official action to implement the provisions of this Subsection (8).
(9) (a) An emissions inspection station shall issue a certificate of emissions inspection
for each motor vehicle that meets the inspection and maintenance program requirements
established in rules made under Subsection (3).
(b) The frequency of the emissions inspection shall be determined based on the age of
the vehicle as determined by model year and shall be required annually subject to the
provisions of Subsection (9)(c).
(c) (i) To the extent allowed under the current federally approved state implementation
plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401 et seq., the legislative
body of a county identified in Subsection (1) shall only require the emissions inspection every
two years for each vehicle.
(ii) The provisions of Subsection (9)(c)(i) apply only to a vehicle that is less than six
years old on January 1.
(iii) For a county required to implement a new vehicle emissions inspection and
maintenance program on or after December 1, 2012, under Subsection (1), but for which no
current federally approved state implementation plan exists, a vehicle shall be tested at a
frequency determined by the county legislative body, in consultation with the Air Quality
Board created under Section 
19-1-106
, that is necessary to comply with federal law or attain or
maintain any national ambient air quality standard.
(iv) If a county legislative body establishes or changes the frequency of a vehicle
emissions inspection and maintenance program under Subsection (9)(c)(iii), the establishment
or change shall take effect on January 1 if the State Tax Commission receives notice meeting
the requirements of Subsection (9)(c)(v) from the county before October 1.
(v) The notice described in Subsection (9)(c)(iv) shall:
(A) state that the county will establish or change the frequency of the vehicle emissions
inspection and maintenance program under this section;
(B) include a copy of the ordinance establishing or changing the frequency; and
(C) if the county establishes or changes the frequency under this section, state how
frequently the emissions testing will be required.
(d) If an emissions inspection is only required every two years for a vehicle under
Subsection (9)(c), the inspection shall be required for the vehicle in:
(i) odd-numbered years for vehicles with odd-numbered model years; or
(ii) in even-numbered years for vehicles with even-numbered model years.
(10) (a) Except as provided in Subsections (9)(b), (c), and (d), the emissions inspection
required under this section may be made no more than two months before the renewal of
registration.
(b) (i) If the title of a used motor vehicle is being transferred, the owner may use an
emissions inspection certificate issued for the motor vehicle during the previous 11 months to
satisfy the requirement under this section.
(ii) If the transferor is a licensed and bonded used motor vehicle dealer, the owner may
use an emissions inspection certificate issued for the motor vehicle in a licensed and bonded
motor vehicle dealer's name during the previous 11 months to satisfy the requirement under
this section.
(c) If the title of a leased vehicle is being transferred to the lessee of the vehicle, the
lessee may use an emissions inspection certificate issued during the previous 11 months to
satisfy the requirement under this section.
(d) If the motor vehicle is part of a fleet of 101 or more vehicles, the owner may not
use an emissions inspection made more than 11 months before the renewal of registration to
satisfy the requirement under this section.
(e) If the application for renewal of registration is for a six-month registration period
under Section 
41-1a-215.5
, the owner may use an emissions inspection certificate issued during
the previous eight months to satisfy the requirement under this section.
(11) (a) A county identified in Subsection (1) shall collect information about and
monitor the program.
(b) A county identified in Subsection (1) shall supply this information to an appropriate
legislative committee, as designated by the Legislative Management Committee, at times
determined by the designated committee to identify program needs, including funding needs.
(12) If approved by the county legislative body, a county that had an established
emissions inspection fee as of January 1, 2002, may increase the established fee that an
emissions inspection station may charge by $2.50 for each year that is exempted from
emissions inspections under Subsection (9)(c) up to a $7.50 increase.
(13) (a) Except as provided in Subsection 
41-1a-1223
(1)(c), a county identified in
Subsection (1) may impose a local emissions compliance fee on each motor vehicle registration
within the county in accordance with the procedures and requirements of Section 
41-1a-1223
.
(b) A county that imposes a local emissions compliance fee may use revenues
generated from the fee for the establishment and enforcement of an emissions inspection and
maintenance program in accordance with the requirements of this section.
(c) A county that imposes a local emissions compliance fee may use revenues
generated from the fee to promote programs to maintain a local, state, or national ambient air
quality standard.
(14) A county legislative body described in Subsection (1) may require an emissions
inspection of a vintage vehicle, as defined in Section 
41-21-1
, if the county exempts from an
emissions inspection a motor vehicle that is:
(a) 20 years old or older; and
(b) driven less than 1,500 miles during the prior calendar year.
Section 35. Section 
53-1-118
 is amended to read:
53-1-118.
Public Safety Honoring Heroes Restricted Account -- Creation --
Funding -- Distribution of funds by the commissioner.
(1) There is created in the General Fund a restricted account known as the Public
Safety Honoring Heroes Restricted Account.
(2) The account shall be funded by:
(a) contributions deposited into the Public Safety Honoring Heroes Restricted Account
in accordance with Section [
41-1a-422
] 
41-1a-1603
;
(b) private contributions; and
(c) donations or grants from public or private entities.
(3) The Legislature shall appropriate money in the account to the commissioner.
(4) The commissioner shall distribute the funds to one or more charitable organizations
that:
(a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
and
(b) have as a primary part of their mission to support the families of fallen Utah
Highway Patrol troopers and other Department of Public Safety employees.
(5) The commissioner may only consider proposals that are:
(a) proposed by a charitable organization under Subsection (4); and
(b) designed to support families of fallen Utah Highway Patrol troopers and other
Department of Public Safety employees.
(6) (a) An organization described in Subsection (4) may apply to the commissioner to
receive a distribution in accordance with Subsection (4).
(b) An organization that receives a distribution from the commissioner in accordance
with Subsection (4) shall expend the distribution only to support the families of fallen Utah
Highway Patrol troopers and other Department of Public Safety employees.
(7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commissioner shall make rules providing procedures for an organization to apply to receive
funds under this section.
Section 36. Section 
53-1-120
 is amended to read:
53-1-120.
Utah Law Enforcement Memorial Support Restricted Account --
Creation -- Funding -- Distribution of funds by the commissioner.
(1) There is created in the General Fund a restricted account known as the Utah Law
Enforcement Memorial Support Restricted Account.
(2) The account shall be funded by:
(a) contributions deposited into the Utah Law Enforcement Memorial Support
Restricted Account in accordance with Section [
41-1a-422
] 
41-1a-1603
;
(b) private contributions; and
(c) donations or grants from public or private entities.
(3) Subject to appropriations by the Legislature, money in the account may only be
used by the commissioner for purposes described in this section.
(4) Upon appropriation, the commissioner shall distribute the funds to one or more
charitable organizations that:
(a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
and
(b) have as a primary part of their mission to support the operation and maintenance of
the Utah Law Enforcement Memorial.
(5) The commissioner may only consider proposals that are:
(a) proposed by a charitable organization described in Subsection (4); and
(b) designed to support the operation and maintenance of the Utah Law Enforcement
Memorial.
(6) (a) An organization described in Subsection (4) may apply to the commissioner to
receive a distribution in accordance with Subsection (4).
(b) An organization that receives a distribution from the commissioner in accordance
with Subsection (4) shall expend the distribution only to support the operation and maintenance
of the Utah Law Enforcement Memorial.
(7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commissioner shall make rules providing procedures for an organization to apply to receive
funds under this section.
Section 37. Section 
53-7-109
 is amended to read:
53-7-109.
Firefighter Support Restricted Account.
(1) There is created in the General Fund the Firefighter Support Restricted Account.
(2) The account shall be funded by:
(a) contributions deposited into the account in accordance with Section [
41-1a-422
]
41-1a-1603
; and
(b) donations or grants from public or private entities.
(3) The Legislature shall appropriate funds in the account to the division.
(4) The division shall distribute funds in the account to one or more charitable
organizations that:
(a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
(b) provide firefighter education and training programs;
(c) initiate and maintain active participation in all aspects of fire service;
(d) maintain a fire history museum; and
(e) represent over 2,000 active, inactive, retired, volunteer, or career firefighters
throughout the state.
(5) (a) An organization described in Subsection (4) may apply to the division to receive
a distribution in accordance with Subsection (4).
(b) An organization that receives a distribution from the division in accordance with
Subsection (4) shall expend the distribution only to:
(i) pay for firefighter education or training programs;
(ii) pay for firefighter scholarship programs;
(iii) pay the costs of maintaining a fire history museum;
(iv) pay the costs of representing firefighter interests on a national and local level; and
(v) pay for assistance with purchasing equipment or apparatuses used in firefighting.
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division may make rules providing procedures for an organization to apply to the division to
receive a distribution under Subsection (4).
Section 38. Section 
53F-9-401
 is amended to read:
53F-9-401.
Autism Awareness Restricted Account.
(1) There is created in the General Fund a restricted account known as the "Autism
Awareness Restricted Account."
(2) The account shall be funded by:
(a) contributions deposited into the account in accordance with Section [
41-1a-422
]
41-1a-1603
;
(b) private contributions; and
(c) donations or grants from public or private entities.
(3) Upon appropriation by the Legislature, the state superintendent shall:
(a) (i) ensure the inventory of Autism Awareness Support special group license plate
decals are in stock; and
(ii) transfer money to the 
State
 Tax Commission to pay for the group license plate as
needed;
(b) distribute funds in the account to one or more charitable organizations that:
(i) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
(ii) has as the organization's sole mission to promote access to resources and
responsible information for individuals of all ages who have, or are affected by, autism or
autism spectrum related conditions;
(iii) is an independent organization that has representation from state agencies and
private providers serving individuals with autism spectrum disorder and their families in the
state;
(iv) includes representation of:
(A) national and local autism advocacy groups, as available; and
(B) interested parents and professionals; and
(v) does not endorse any specific treatment, therapy, or intervention used for autism.
(4) (a) An organization described in Subsection (3) may apply to the state
superintendent to receive a distribution in accordance with Subsection (3).
(b) An organization that receives a distribution from the state superintendent in
accordance with Subsection (3) shall expend the distribution only to:
(i) pay for autism education and public awareness of programs and related services in
the state;
(ii) enhance programs designed to serve individuals with autism;
(iii) provide support to caregivers providing services for individuals with autism;
(iv) pay administrative costs of the organization; and
(v) pay for academic scholarships and research efforts in the area of autism spectrum
disorder.
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
state board may make rules providing procedures for an organization to apply to the state
superintendent to receive a distribution under Subsection (3).
Section 39. Section 
53F-9-403
 is amended to read:
53F-9-403.
Kiwanis Education Support Fund.
(1) There is created an expendable special revenue fund known as the "Kiwanis
Education Support Fund."
(2) The fund consists of:
(a) contributions deposited into the fund in accordance with Section [
41-1a-422
]
41-1a-1603
;
(b) private contributions;
(c) donations or grants from public or private entities; and
(d) money appropriated to the fund by the Legislature.
(3) Subject to Subsection 
41-1a-418
(2), the State Tax Commission:
(a) shall expend money in the fund to pay the initial costs of ordering and issuing
Kiwanis special group license plates; and
(b) as needed, may expend money in the fund to pay the costs of reordering Kiwanis
special group license plates and decals.
(4) On an annual basis, the State Tax Commission shall:
(a) evaluate the fund's ability to cover the costs described in Subsection (3); and
(b) based on the evaluation described in Subsection (4)(a), adjust the allocation of
contributions described in Subsection (2)(a) deposited into the fund.
Section 40. Section 
59-10-1319
 is amended to read:
59-10-1319.
Contribution to Clean Air Fund.
(1) (a) There is created an expendable special revenue fund known as the "Clean Air
Fund."
(b) The fund shall consist of all amounts deposited into the fund in accordance with
Subsection (2).
(2) (a) Except as provided in Section 
59-10-1304
, for a taxable year beginning on or
after January 1, 2017, a resident or nonresident individual who files an individual income tax
return under this chapter may designate on the resident or nonresident individual's individual
income tax return a contribution as provided in this section to be:
(i) deposited into the Clean Air Fund; and
(ii) expended as provided in Subsection (3).
(b) The fund shall also consist of amounts deposited into the fund through:
(i) contributions deposited into the account in accordance with Section [
41-1a-422
]
41-1a-1603
;
(ii) private contributions; and
(iii) donations or grants from public or private entities.
(3) (a) At least once each year, the commission shall disburse from the Clean Air Fund
all money deposited into the fund since the last disbursement.
(b) The commission shall disburse money under Subsection (3)(a) to the Division of
Air Quality for the purpose of:
(i) providing money for grants to individuals or organizations in the state to fund
activities intended to improve air quality in the state;
(ii) enhancing programs designed to educate the public about the importance of air
quality to the health, well-being, and livelihood of individuals in the state; and
(iii) pay the costs of issuing or reordering Clean Air Support special group license plate
decals.
Section 41. Section 
61-2-204
 is amended to read:
61-2-204.
Utah Housing Opportunity Restricted Account.
(1) For purposes of this section, "account" means the Utah Housing Opportunity
Restricted Account created by this section.
(2) There is created in the General Fund a restricted account known as the "Utah
Housing Opportunity Restricted Account."
(3) The account shall be funded by:
(a) contributions deposited into the account in accordance with Section [
41-1a-422
]
41-1a-1603
;
(b) private contributions; and
(c) donations or grants from public or private entities.
(4) (a) The state treasurer shall invest money in the account according to Title 51,
Chapter 7, State Money Management Act.
(b) The Division of Finance shall deposit interest or other earnings derived from
investment of account money into the General Fund.
(5) The Legislature shall appropriate money in the account to the division.
(6) The division shall distribute the money in the account to one or more charitable
organizations that:
(a) are tax exempt under Section 501(c)(3), Internal Revenue Code; and
(b) have as a primary part of their mission to provide support to organizations that
create affordable housing for those in severe need.
(7) The division may consider a proposal only if it is:
(a) proposed by an organization described in Subsection (6); and
(b) designed to provide support to organizations that create affordable housing for
those in severe need.
(8) (a) An organization described in Subsection (6) may apply to the division to receive
a distribution in accordance with Subsection (6).
(b) An organization that receives a distribution from the division in accordance with
Subsection (6) shall expend the distribution only to provide support to organizations that create
affordable housing for those in severe need.
(9) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division shall make rules providing procedures for an organization to apply to receive money
under this section.
Section 42. Section 
62A-1-202
 is amended to read:
62A-1-202.
National Professional Men's Basketball Team Support of Women and
Children Issues Restricted Account.
(1) There is created in the General Fund a restricted account known as the "National
Professional Men's Basketball Team Support of Women and Children Issues Restricted
Account."
(2) The account shall be funded by:
(a) contributions deposited into the account in accordance with Section [
41-1a-422
]
41-1a-1603
;
(b) private contributions; and
(c) donations or grants from public or private entities.
(3) Upon appropriation by the Legislature, the department shall distribute funds in the
account to one or more charitable organizations that:
(a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
(b) are selected by the owners that, either on an individual or joint basis, own a
controlling interest in a legal entity that is a franchised member of the internationally
recognized national governing body for professional men's basketball in the United States;
(c) are headquartered within the state;
(d) create or support programs that focus on issues affecting women and children
within the state, with an emphasis on health and education; and
(e) have a board of directors that disperses all funds of the organization.
(4) (a) An organization described in Subsection (3) may apply to the department to
receive a distribution in accordance with Subsection (3).
(b) An organization that receives a distribution from the department in accordance with
Subsection (3) shall expend the distribution only to:
(i) create or support programs that focus on issues affecting women and children, with
an emphasis on health and education;
(ii) create or sponsor programs that will benefit residents within the state; and
(iii) pay the costs of issuing or reordering National Professional Men's Basketball
Team Support of Women and Children Issues support special group license plate decals.
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department may make rules providing procedures for an organization to apply to the
department to receive a distribution under this Subsection (4).
(5) In accordance with Section 
63J-1-602.1
, appropriations from the account are
nonlapsing.
Section 43. Section 
62A-4a-608
 is amended to read:
62A-4a-608.
Choose Life Adoption Support Restricted Account.
(1) There is created in the General Fund the "Choose Life Adoption Support Restricted
Account."
(2) The account shall be funded by:
(a) contributions deposited into the Choose Life Adoption Support Restricted Account
in accordance with Section [
41-1a-422
] 
41-1a-1603
;
(b) appropriations to the account by the Legislature;
(c) private contributions; and
(d) donations or grants from public or private entities.
(3) The Legislature shall appropriate money in the account to the division.
(4) The division shall distribute the funds in the account to one or more charitable
organizations that:
(a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
(b) have as part of their primary mission the support, promotion, and education of
adoption programs; and
(c) are licensed or registered to do business within the state in accordance with state
law.
(5) (a) An organization described in Subsection (4) may apply to the division to receive
a distribution in accordance with Subsection (4).
(b) An organization that receives a distribution from the division in accordance with
Subsection (4) shall expend the distribution only to:
(i) produce and distribute educational and promotional materials on adoption;
(ii) conduct educational courses on adoption; and
(iii) provide other programs that support adoption.
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division may make rules providing procedures and requirements for an organization to apply to
the division to receive a distribution under Subsection (4).
Section 44. Section 
63G-26-103
 is amended to read:
63G-26-103.
Protection of personal information.
(1) Except as provided in Subsections (2), (3), and (5), a public agency may not:
(a) require an individual to provide the public agency with personal information or
otherwise compel the release of personal information;
(b) require an entity exempt from federal income tax under Section 501(c) of the
Internal Revenue Code to provide the public agency with personal information or compel the
entity to release personal information;
(c) release, publicize, or otherwise publicly disclose personal information in possession
of a public agency; or
(d) request or require a current or prospective contractor or grantee of the public
agency to provide the public agency with a list of entities exempt from federal income tax
under Section 501(c) of the Internal Revenue Code to which the contractor or grantee has
provided financial or nonfinancial support.
(2) Subsection (1) does not apply to:
(a) a disclosure of personal information required under Title 20A, Election Code, Title
36, Chapter 11, Lobbyist Disclosure and Regulation Act, or any other legal requirement
relating to reporting campaign contributions, campaign expenditures, lobbying disclosures, or
lobbying expenditures;
(b) a disclosure of personal information expressly required by law;
(c) a disclosure of personal information voluntarily made:
(i) as part of public comment or in a public meeting; or
(ii) in another manner that is publicly accessible;
(d) a disclosure of personal information pursuant to a warrant or court order issued by a
court of competent jurisdiction;
(e) a lawful request for discovery of personal information in litigation or a criminal
proceeding;
(f) the use of personal information in a legal proceeding;
(g) a public agency sharing personal information with another public agency in
accordance with the requirements of law; or
(h) a nonprofit created under Title 11, Chapter 13a, Governmental Nonprofit
Corporations Act.
(3) Subsections (1)(a), (b), and (d) do not apply to:
(a) administration or enforcement of Title 13, Chapter 11, Utah Consumer Sales
Practices Act, or Title 13, Chapter 22, Charitable Solicitations Act;
(b) the request or use of personal information necessary to the State Tax Commission's
administration of tax or motor vehicle laws; or
(c) access to personal information by the Office of the Legislative Auditor General or
the state auditor's office to conduct an audit.
(4) A court shall consider whether to:
(a) limit a request for discovery of personal information; or
(b) issue a protective order in relation to the disclosure of personal information
obtained or used in relation to a legal proceeding.
(5) Subsection (1) does not apply to disclosure of a contributor[
, as defined in Section
41-1a-422
,
] to a sponsoring organization [
described in Subsection 
41-1a-422
(3)
]
, as those
terms are defined in Section 
41-1a-1601
.
Section 45. Section 
63I-1-263
 is amended to read:
63I-1-263.
Repeal dates, Titles 63A to 63N.
(1) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
(a) Section 
63A-16-102
 is repealed;
(b) Section 
63A-16-201
 is repealed; and
(c) Section 
63A-16-202
 is repealed.
(2) Subsection 
63A-5b-405
(5), relating to prioritizing and allocating capital
improvement funding, is repealed July 1, 2024.
(3) Section 
63A-5b-1003
, State Facility Energy Efficiency Fund, is repealed July 1,
2023.
(4) Sections 
63A-9-301
 and 
63A-9-302
, related to the Motor Vehicle Review
Committee, are repealed July 1, 2023.
(5) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
1, 2028.
(6) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
2025.
(7) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
2024.
(8) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
repealed July 1, 2023.
(9) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
July 1, 2023.
(10) Title 63C, Chapter 23, Education and Mental Health Coordinating Council, is
repealed July 1, 2026.
(11) Title 63A, Chapter 16, Part 7, Data Security Management Council, is repealed
July 1, 2025.
(12) Section 
63G-6a-805
, which creates the Purchasing from Persons with Disabilities
Advisory Board, is repealed July 1, 2026.
(13) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
2025.
(14) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
2024.
(15) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
(16) Subsection 
63J-1-602.1
[
(17)
]
(15)
, Nurse Home Visiting Restricted Account is
repealed July 1, 2026.
(17) (a) Subsection 
63J-1-602.1
[
(61)
]
(59)
, relating to the Utah Statewide Radio System
Restricted Account, is repealed July 1, 2022.
(b) When repealing Subsection 
63J-1-602.1
[
(61)
]
(59)
, the Office of Legislative
Research and General Counsel shall, in addition to the office's authority under Subsection
36-12-12
(3), make necessary changes to subsection numbering and cross references.
(18) Subsection 
63J-1-602.2
(5), referring to dedicated credits to the Utah Marriage
Commission, is repealed July 1, 2023.
(19) Subsection 
63J-1-602.2
(6), referring to the Trip Reduction Program, is repealed
July 1, 2022.
(20) Subsection 
63J-1-602.2
(24), related to the Utah Seismic Safety Commission, is
repealed January 1, 2025.
(21) Title 63J, Chapter 4, Part 5, Resource Development Coordinating Committee, is
repealed July 1, 2027.
(22) In relation to the advisory committee created in Subsection 
63L-11-305
(3), on July
1, 2022:
(a) Subsection 
63L-11-305
(1)(a), which defines "advisory committee," is repealed; and
(b) Subsection 
63L-11-305
(3), which creates the advisory committee, is repealed.
(23) In relation to the Utah Substance Use and Mental Health Advisory Council, on
January 1, 2023:
(a) Sections 
63M-7-301
, 
63M-7-302
, 
63M-7-303
, 
63M-7-304
, and 
63M-7-306
 are
repealed;
(b) Section 
63M-7-305
, the language that states "council" is replaced with
"commission";
(c) Subsection 
63M-7-305
(1) is repealed and replaced with:
"(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
(d) Subsection 
63M-7-305
(2) is repealed and replaced with:
"(2) The commission shall:
(a) provide ongoing oversight of the implementation, functions, and evaluation of the
Drug-Related Offenses Reform Act; and
(b) coordinate the implementation of Section 
77-18-104
 and related provisions in
Subsections 
77-18-103
(2)(c) and (d).".
(24) The Crime Victim Reparations and Assistance Board, created in Section
63M-7-504
, is repealed July 1, 2027.
(25) Title 63M, Chapter 7, Part 6, Utah Council on Victims of Crime, is repealed July
1, 2022.
(26) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2026.
(27) Title 63N, Chapter 1, Part 5, Governor's Economic Development Coordinating
Council, is repealed July 1, 2024.
(28) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
(29) Section 
63N-2-512
, related to the Hotel Impact Mitigation Fund, is repealed July
1, 2028.
(30) (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
January 1, 2021.
(b) Section 
59-9-107
 regarding tax credits against premium taxes is repealed for
calendar years beginning on or after January 1, 2021.
(c) Notwithstanding Subsection(30)(b), an entity may carry forward a tax credit in
accordance with Section 
59-9-107
 if:
(i) the person is entitled to a tax credit under Section 
59-9-107
 on or before December
31, 2020; and
(ii) the qualified equity investment that is the basis of the tax credit is certified under
Section 
63N-2-603
 on or before December 31, 2023.
(31) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed
July 1, 2023.
(32) Title 63N, Chapter 7, Part 1, Board of Tourism Development, is repealed July 1,
2025.
(33) Title 63N, Chapter 9, Part 2, Outdoor Recreational Infrastructure Grant Program,
is repealed January 1, 2028.
Section 46. Section 
63J-1-602.1
 is amended to read:
63J-1-602.1.
List of nonlapsing appropriations from accounts and funds.
Appropriations made from the following accounts or funds are nonlapsing:
(1) The Utah Intracurricular Student Organization Support for Agricultural Education
and Leadership Restricted Account created in Section 
4-42-102
.
(2) The Native American Repatriation Restricted Account created in Section 
9-9-407
.
(3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
Section 
9-18-102
.
(4) The National Professional Men's Soccer Team Support of Building Communities
Restricted Account created in Section 
9-19-102
.
(5) Funds collected for directing and administering the C-PACE district created in
Section 
11-42a-106
.
(6) Money received by the Utah Inland Port Authority, as provided in Section
11-58-105
.
(7) The "Latino Community Support Restricted Account" created in Section 
13-1-16
.
(8) The Clean Air Support Restricted Account created in Section 
19-1-109
.
(9) The Division of Air Quality Oil, Gas, and Mining Restricted Account created in
Section 
19-2a-106
.
(10) The Division of Water Quality Oil, Gas, and Mining Restricted Account created in
Section 
19-5-126
.
(11) The "Support for State-Owned Shooting Ranges Restricted Account" created in
Section 
23-14-13.5
.
(12) Award money under the State Asset Forfeiture Grant Program, as provided under
Section 
24-4-117
.
(13) Funds collected from the program fund for local health department expenses
incurred in responding to a local health emergency under Section 
26-1-38
.
[
(14) The Children with Cancer Support Restricted Account created in Section
26-21a-304
.
]
[
(15)
] 
(14)
 State funds for matching federal funds in the Children's Health Insurance
Program as provided in Section 
26-40-108
.
[
(16) The Children with Heart Disease Support Restricted Account created in Section
26-58-102
.
]
[
(17)
] 
(15)
 The Nurse Home Visiting Restricted Account created in Section 
26-63-601
.
[
(18)
] 
(16)
 The Technology Development Restricted Account created in Section
31A-3-104
.
[
(19)
] 
(17)
 The Criminal Background Check Restricted Account created in Section
31A-3-105
.
[
(20)
] 
(18)
 The Captive Insurance Restricted Account created in Section 
31A-3-304
,
except to the extent that Section 
31A-3-304
 makes the money received under that section free
revenue.
[
(21)
] 
(19)
 The Title Licensee Enforcement Restricted Account created in Section
31A-23a-415
.
[
(22)
] 
(20)
 The Health Insurance Actuarial Review Restricted Account created in
Section 
31A-30-115
.
[
(23)
] 
(21)
 The Insurance Fraud Investigation Restricted Account created in Section
31A-31-108
.
[
(24)
] 
(22)
 The Underage Drinking Prevention Media and Education Campaign
Restricted Account created in Section 
32B-2-306
.
[
(25)
] 
(23)
 The School Readiness Restricted Account created in Section 
35A-15-203
.
[
(26)
] 
(24)
 Money received by the Utah State Office of Rehabilitation for the sale of
certain products or services, as provided in Section 
35A-13-202
.
[
(27)
] 
(25)
 The Oil and Gas Administrative Penalties Account created in Section
40-6-11
.
[
(28)
] 
(26)
 The Oil and Gas Conservation Account created in Section 
40-6-14.5
.
[
(29)
] 
(27)
 The Division of Oil, Gas, and Mining Restricted account created in Section
40-6-23
.
[
(30)
] 
(28)
 The Electronic Payment Fee Restricted Account created by Section
41-1a-121
 to the Motor Vehicle Division.
[
(31)
] 
(29)
 The Motor Vehicle Enforcement Division Temporary Permit Restricted
Account created by Section 
41-3-110
 to the State Tax Commission.
[
(32)
] 
(30)
 The Utah Law Enforcement Memorial Support Restricted Account created
in Section 
53-1-120
.
[
(33)
] 
(31)
 The State Disaster Recovery Restricted Account to the Division of
Emergency Management, as provided in Section 
53-2a-603
.
[
(34)
] 
(32)
 The Department of Public Safety Restricted Account to the Department of
Public Safety, as provided in Section 
53-3-106
.
[
(35)
] 
(33)
 The Utah Highway Patrol Aero Bureau Restricted Account created in
Section 
53-8-303
.
[
(36)
] 
(34)
 The DNA Specimen Restricted Account created in Section 
53-10-407
.
[
(37)
] 
(35)
 The Canine Body Armor Restricted Account created in Section 
53-16-201
.
[
(38)
] 
(36)
 The Technical Colleges Capital Projects Fund created in Section
53B-2a-118
.
[
(39)
] 
(37)
 The Higher Education Capital Projects Fund created in Section
53B-22-202
.
[
(40)
] 
(38)
 A certain portion of money collected for administrative costs under the
School Institutional Trust Lands Management Act, as provided under Section 
53C-3-202
.
[
(41)
] 
(39)
 The Public Utility Regulatory Restricted Account created in Section
54-5-1.5
, subject to Subsection 
54-5-1.5
(4)(d).
[
(42)
] 
(40)
 Funds collected from a surcharge fee to provide certain licensees with
access to an electronic reference library, as provided in Section 
58-3a-105
.
[
(43)
] 
(41)
 Certain fines collected by the Division of Occupational and Professional
Licensing for violation of unlawful or unprofessional conduct that are used for education and
enforcement purposes, as provided in Section 
58-17b-505
.
[
(44)
] 
(42)
 Funds collected from a surcharge fee to provide certain licensees with
access to an electronic reference library, as provided in Section 
58-22-104
.
[
(45)
] 
(43)
 Funds collected from a surcharge fee to provide certain licensees with
access to an electronic reference library, as provided in Section 
58-55-106
.
[
(46)
] 
(44)
 Funds collected from a surcharge fee to provide certain licensees with
access to an electronic reference library, as provided in Section 
58-56-3.5
.
[
(47)
] 
(45)
 Certain fines collected by the Division of Occupational and Professional
Licensing for use in education and enforcement of the Security Personnel Licensing Act, as
provided in Section 
58-63-103
.
[
(48)
] 
(46)
 The Relative Value Study Restricted Account created in Section 
59-9-105
.
[
(49)
] 
(47)
 The Cigarette Tax Restricted Account created in Section 
59-14-204
.
[
(50)
] 
(48)
 Funds paid to the Division of Real Estate for the cost of a criminal
background check for a mortgage loan license, as provided in Section 
61-2c-202
.
[
(51)
] 
(49)
 Funds paid to the Division of Real Estate for the cost of a criminal
background check for principal broker, associate broker, and sales agent licenses, as provided
in Section 
61-2f-204
.
[
(52)
] 
(50)
 Certain funds donated to the Department of Human Services, as provided in
Section 
62A-1-111
.
[
(53)
] 
(51)
 The National Professional Men's Basketball Team Support of Women and
Children Issues Restricted Account created in Section 
62A-1-202
.
[
(54)
] 
(52)
 Certain funds donated to the Division of Child and Family Services, as
provided in Section 
62A-4a-110
.
[
(55)
] 
(53)
 The Choose Life Adoption Support Restricted Account created in Section
62A-4a-608
.
[
(56)
] 
(54)
 Funds collected by the Office of Administrative Rules for publishing, as
provided in Section 
63G-3-402
.
[
(57)
] 
(55)
 The Immigration Act Restricted Account created in Section 
63G-12-103
.
[
(58)
] 
(56)
 Money received by the military installation development authority, as
provided in Section 
63H-1-504
.
[
(59)
] 
(57)
 The Computer Aided Dispatch Restricted Account created in Section
63H-7a-303
.
[
(60)
] 
(58)
 The Unified Statewide 911 Emergency Service Account created in Section
63H-7a-304
.
[
(61)
] 
(59)
 The Utah Statewide Radio System Restricted Account created in Section
63H-7a-403
.
[
(62)
] 
(60)
 The Utah Capital Investment Restricted Account created in Section
63N-6-204
.
[
(63)
] 
(61)
 The Motion Picture Incentive Account created in Section 
63N-8-103
.
[
(64)
] 
(62)
 Certain money payable for expenses of the Pete Suazo Utah Athletic
Commission, as provided under Section 
63N-10-301
.
[
(65)
] 
(63)
 Funds collected by the housing of state probationary inmates or state parole
inmates, as provided in Subsection 
64-13e-104
(2).
[
(66)
] 
(64)
 Certain forestry and fire control funds utilized by the Division of Forestry,
Fire, and State Lands, as provided in Section 
65A-8-103
.
[
(67)
] 
(65)
 The Transportation of Veterans to Memorials Support Restricted Account
created in Section 
71-14-102
.
[
(68)
] 
(66)
 The Amusement Ride Safety Restricted Account, as provided in Section
72-16-204
.
[
(69)
] 
(67)
 Certain funds received by the Office of the State Engineer for well drilling
fines or bonds, as provided in Section 
73-3-25
.
[
(70)
] 
(68)
 The Water Resources Conservation and Development Fund, as provided in
Section 
73-23-2
.
[
(71)
] 
(69)
 Funds donated or paid to a juvenile court by private sources, as provided in
Subsection 
78A-6-203
(1)(c).
[
(72)
] 
(70)
 Fees for certificate of admission created under Section 
78A-9-102
.
[
(73)
] 
(71)
 Funds collected for adoption document access as provided in Sections
78B-6-141
, 
78B-6-144
, and 
78B-6-144.5
.
[
(74)
] 
(72)
 Funds collected for indigent defense as provided in Title 78B, Chapter 22,
Part 4, Utah Indigent Defense Commission.
[
(75)
] 
(73)
 The Utah Geological Survey Oil, Gas, and Mining Restricted Account
created in Section 
79-3-403
.
[
(76)
] 
(74)
 Revenue for golf user fees at the Wasatch Mountain State Park, Palisades
State Park, and Green River State Park, as provided under Section 
79-4-403
.
[
(77)
] 
(75)
 Certain funds received by the Division of State Parks from the sale or
disposal of buffalo, as provided under Section 
79-4-1001
.
[
(78)
] 
(76)
 The Drinking While Pregnant Prevention Media and Education Campaign
Restricted Account created in Section 
32B-2-308
.
Section 47. Section 
71-8-2
 is amended to read:
71-8-2.
Department of Veterans and Military Affairs created -- Appointment of
executive director -- Department responsibilities.
(1) There is created the Department of Veterans and Military Affairs.
(2) The governor shall appoint an executive director for the department, after
consultation with the Veterans Advisory Council, who is subject to Senate confirmation.
(a) The executive director shall be an individual who:
(i) has served on active duty in the armed forces for more than 180 consecutive days;
(ii) was a member of a reserve component who served in a campaign or expedition for
which a campaign medal has been authorized; or
(iii) incurred an actual service-related injury or disability in the line of duty, whether or
not that person completed 180 consecutive days of active duty; and
(iv) was separated or retired under honorable conditions.
(b) Any veteran or veterans group may submit names to the council for consideration.
(3) The department shall:
(a) conduct and supervise all veteran activities as provided in this title;
(b) determine which campaign or combat theater awards are eligible for a 
support
special group license plate in accordance with [
Section 
41-1a-418
] 
Title 41, Chapter 1a, Part
16, Support Special Group License Plates
;
(c) verify that an applicant for a campaign or combat theater award 
support
 special
group license plate is qualified to receive [
it
] 
the campaign or combat theater award support
special group license plate
;
(d) provide an applicant that qualifies a form indicating the campaign or combat theater
award 
support
 special group license plate for which the applicant qualifies;
(e) adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to carry out the provisions of this title; and
(f) ensure that any training or certification required of a public official or public
employee, as those terms are defined in Section 
63G-22-102
, complies with Title 63G, Chapter
22, State Training and Certification Requirements, if the training or certification is required:
(i) under this title;
(ii) by the department; or
(iii) by an agency or division within the department.
(4) (a) The department may award grants for the purpose of supporting veteran and
military outreach, employment, education, healthcare, homelessness prevention, and
recognition events.
(b) The department may award a grant described in Subsection (4)(a) to:
(i) an institution of higher education listed in Section 
53B-1-102
;
(ii) a nonprofit organization involved in veterans or military-related activities; or
(iii) a political subdivision of the state.
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department shall make rules for the administration of grants, including establishing:
(i) the form and process for submitting an application to the department;
(ii) the method and criteria for selecting a grant recipient;
(iii) the method and formula for determining a grant amount; and
(iv) the reporting requirements of a grant recipient.
(d) A grant may be awarded by the department only after consultation with the
Veterans Advisory Council.
(5) Nothing in this chapter shall be construed as altering or preempting the provisions
of Title 39, Militia and Armories, as specifically related to the Utah National Guard.
Section 48. Section 
71-8-4
 is amended to read:
71-8-4.
Veterans Advisory Council -- Membership -- Duties and responsibilities --
Per diem and travel expenses.
(1) There is created a Veterans Advisory Council whose purpose is to advise the
executive director of the Department of Veterans and Military Affairs on issues relating to
veterans.
(2) The council shall consist of the following 14 members:
(a) 11 voting members to serve four-year terms:
(i) seven veterans at large appointed by the governor;
(ii) the commander or the commander's designee, whose terms shall last for as long as
they hold that office, from each of the following organizations:
(A) Veterans of Foreign Wars;
(B) American Legion; and
(C) Disabled American Veterans; and
(iii) a representative from the Office of the Governor; and
(b) three nonvoting members:
(i) the executive director of the Department of Veterans and Military Affairs;
(ii) the director of the VA Health Care System or his designee; and
(iii) the director of the VA Benefits Administration Regional Office in Salt Lake City,
or his designee.
(3) (a) Except as required by Subsection (3)(b), as terms of current council members
expire, the governor shall appoint each new or reappointed member to a four-year term
commencing on July 1.
(b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
council members are staggered so that approximately half of the members appointed by the
governor are appointed every two years.
(4) When a vacancy occurs in the membership for any reason, the governor shall
appoint a replacement for the unexpired term within 60 days of receiving notice.
(5) Members appointed by the governor may not serve more than three consecutive
terms.
(6) (a) Any veterans group or veteran may provide the executive director with a list of
recommendations for members on the council.
(b) The executive director shall provide the governor with the list of recommendations
for members to be appointed to the council.
(c) The governor shall make final appointments to the council by June 30 of any year in
which appointments are to be made under this chapter.
(7) The council shall elect a chair and vice chair from among the council members
every two years. The chair and vice chair shall each be an individual who:
(a) has served on active duty in the armed forces for more than 180 consecutive days;
(b) was a member of a reserve component who served in a campaign or expedition for
which a campaign medal has been authorized; or
(c) incurred an actual service-related injury or disability in the line of duty, whether or
not that person completed 180 consecutive days of active duty; and
(d) was separated or retired under honorable conditions.
(8) (a) The council shall meet at least once every quarter.
(b) The executive director of the Department of Veterans and Military Affairs may
convene additional meetings, as necessary.
(9) The department shall provide staff to the council.
(10) Six voting members are a quorum for the transaction of business.
(11) The council shall:
(a) solicit input concerning veterans issues from veterans' groups throughout the state;
(b) report issues received to the executive director of the Department of Veterans and
Military Affairs and make recommendations concerning them;
(c) keep abreast of federal developments that affect veterans locally and advise the
executive director of them;
(d) approve, by a majority vote, the use of money generated from veterans license
plates under Section [
41-1a-422
] 
41-1a-1603
 for veterans programs; and
(e) assist the director in developing guidelines and qualifications for:
(i) participation by donors and recipients in the Veterans Assistance Registry created in
Section 
71-12-101
; and
(ii) developing a process for providing contact information between qualified donors
and recipients.
(12) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
Section 49. Section 
71-14-102
 is amended to read:
71-14-102.
Transportation of Veterans to Memorials Support Restricted
Account.
(1) As used in this section, "department" means the Department of Veterans and
Military Affairs created in Section 
71-8-2
.
(2) There is created in the General Fund a restricted account known as the
"Transportation of Veterans to Memorials Support Restricted Account."
(3) The account shall be funded by contributions deposited into the account in
accordance with Section [
41-1a-422
] 
41-1a-1603
.
(4) Upon appropriation by the Legislature, the department shall distribute funds in the
account to one or more charitable organizations that:
(a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
and
(b) have as a primary mission the transportation of veterans to Washington D.C. to
visit memorials dedicated to honor the service and sacrifice of veterans.
(5) (a) An organization described in Subsection (4) may apply to the department to
receive a distribution in accordance with Subsection (4).
(b) An organization that receives a distribution from the department in accordance with
Subsection (4) shall expend the distribution only:
(i) to facilitate, coordinate, and cover costs of travel to visit veterans memorials in
Washington D.C.; and
(ii) pay the costs of issuing or reordering Transportation of Veterans to Memorials
Support special group license plate decals.
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department may make rules providing procedures for an organization to apply to the
department to receive a distribution as provided in this section.
(6) In accordance with Section 
63J-1-602.1
, appropriations from the account are
nonlapsing.
Section 50. Section 
72-2-127
 is amended to read:
72-2-127.
Share the Road Bicycle Support Restricted Account.
(1) There is created in the General Fund the Share the Road Bicycle Support Restricted
Account.
(2) The account shall be funded by:
(a) contributions deposited into the account in accordance with Section [
41-1a-422
]
41-1a-1603
;
(b) appropriations to the account by the Legislature;
(c) private contributions; and
(d) donations or grants from public or private entities.
(3) The Legislature shall appropriate funds in the account to the department.
(4) The department may expend up to 5% of the money appropriated under Subsection
(3) to administer account distributions in accordance with Subsections (5) and (6).
(5) The department shall distribute contributions in the account to one or more
charitable organizations that:
(a) are exempt from federal income taxation under Section 501(c)(3) of the Internal
Revenue Code;
(b) have as part of their primary mission the promotion and education of:
(i) safe bicycle operation;
(ii) safe motor vehicle operation around bicycles; and
(iii) healthy lifestyles; and
(c) contribute to the start-up fee for the production and administrative costs for
providing a Share the Road Bicycle Support special group license plate in accordance with
Subsection 
41-1a-418
(2)[
(a)
].
(6) (a) An organization described in Subsection (5) may apply to the department to
receive a distribution in accordance with Subsection (5).
(b) An organization that receives a distribution from the department in accordance with
Subsection (5) shall expend the distribution only to:
(i) pay the costs of reordering Share the Road Bicycle Support special group license
plate decals;
(ii) produce and distribute materials to educate:
(A) bicyclists and motorists about safe bicycling, sharing the road, and obeying the law
in Utah; and
(B) the public on healthy lifestyles;
(iii) participate in transportation planning that provides accommodations for safe
bicycling;
(iv) promote a network of safe bicycling routes throughout the state; and
(v) provide other programs that promote bicycle safety.
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department may make rules providing procedures and requirements for an organization to
apply to the department to receive a distribution under Subsection (5).
Section 51. Section 
72-2-130
 is amended to read:
72-2-130.
Motorcycle Safety Awareness Support Restricted Account.
(1) There is created in the General Fund the Motorcycle Safety Awareness Support
Restricted Account.
(2) The account shall be funded by:
(a) contributions deposited into the account in accordance with Section [
41-1a-422
]
41-1a-1603
;
(b) appropriations to the account by the Legislature;
(c) private contributions; and
(d) donations or grants from public or private entities.
(3) The Legislature shall appropriate funds in the account to the department.
(4) The department may expend up to 5% of the money appropriated under Subsection
(3) to administer account distributions in accordance with Subsections (5) and (6).
(5) The department shall distribute contributions in the account to one or more
charitable organizations that:
(a) are exempt from federal income taxation under Section 501(c)(3) of the Internal
Revenue Code;
(b) have as part of their primary mission:
(i) the promotion of motorcycle safety and awareness;
(ii) safe motor vehicle operation around motorcycles; and
(iii) assistance to motorcycle riders who have been involved in an accident that resulted
in hospitalization; and
(c) contribute to the start-up fee for the production and administrative costs for
providing a Motorcycle Safety Awareness Support special group license plate in accordance
with Subsection 
41-1a-418
(2)[
(a)
].
(6) (a) An organization described in Subsection (5) may apply to the department to
receive a distribution in accordance with Subsection (5).
(b) An organization that receives a distribution from the department in accordance with
Subsection (5) shall expend the distribution only to:
(i) pay the costs of reordering Motorcycle Safety Awareness Support special group
license plate decals;
(ii) produce and distribute materials to educate motorcycle riders and motorists about
motorcycle safety and awareness and obeying the law in Utah;
(iii) promote education on motorcycle safety;
(iv) assist motorcycle riders and families of motorcycle riders who have been involved
in a motorcycle accident resulting in hospitalization; and
(v) provide other programs that promote motorcycle and related traffic safety.
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department may make rules providing procedures and requirements for an organization to
apply to the department to receive a distribution under Subsection (5).
Section 52. Section 
78A-2-804
 is amended to read:
78A-2-804.
Guardian Ad Litem Services Account established -- Funding.
(1) There is created a restricted account in the General Fund known as the Guardian Ad
Litem Services Account, for the purpose of funding the office, in accordance with this part.
(2) The [
account
] 
Guardian Ad Litem Services Account
 shall be funded by [
the
donation described in Subsection 
41-1a-422
(1)(a)(i)(F)
] 
contributions deposited into the
account in accordance with Section 
41-1a-1603
.
Section 53. Section 
79-4-203
 is amended to read:
79-4-203.
Powers and duties of division.
(1) As used in this section, "real property" includes land under water, upland, and all
other property commonly or legally defined as real property.
(2) The Division of Wildlife Resources shall retain the power and jurisdiction
conferred upon the Division of Wildlife Resources by law within state parks and on property
controlled by the Division of State Parks with reference to fish and game.
(3) The division shall permit multiple use of state parks and property controlled by the
division for purposes such as grazing, fishing, hunting, camping, mining, and the development
and utilization of water and other natural resources.
(4) (a) The division may acquire real and personal property in the name of the state by
all legal and proper means, including purchase, gift, devise, eminent domain, lease, exchange,
or otherwise, subject to the approval of the executive director and the governor.
(b) In acquiring any real or personal property, the credit of the state may not be pledged
without the consent of the Legislature.
(5) (a) Before acquiring any real property, the division shall notify the county
legislative body of the county where the property is situated of its intention to acquire the
property.
(b) If the county legislative body requests a hearing within 10 days of receipt of the
notice, the division shall hold a public hearing in the county concerning the matter.
(6) Acceptance of gifts or devises of land or other property is at the discretion of the
division, subject to the approval of the executive director and the governor.
(7) The division shall acquire property by eminent domain in the manner authorized by
Title 78B, Chapter 6, Part 5, Eminent Domain.
(8) (a) The division may make charges for special services and use of facilities, the
income from which is available for park purposes.
(b) The division may conduct and operate those services necessary for the comfort and
convenience of the public.
(9) (a) The division may lease or rent concessions of all lawful kinds and nature in state
parks and property to persons, partnerships, and corporations for a valuable consideration upon
the recommendation of the board.
(b) The division shall comply with Title 63G, Chapter 6a, Utah Procurement Code, in
selecting concessionaires.
(10) The division shall proceed without delay to negotiate with the federal government
concerning the Weber Basin and other recreation and reclamation projects.
(11) The division shall receive and distribute voluntary contributions collected under
Section [
41-1a-422
] 
41-1a-1603
 in accordance with Section 
79-4-404
.
Section 54. Section 
79-4-404
 is amended to read:
79-4-404.
Zion National Park Support Programs Restricted Account -- Creation
-- Funding -- Distribution of funds.
(1) There is created within the General Fund the Zion National Park Support Programs
Restricted Account.
(2) The account shall be funded by:
(a) contributions deposited into the account in accordance with Section [
41-1a-422
]
41-1a-1603
;
(b) private contributions; or
(c) donations or grants from public or private entities.
(3) The Legislature shall appropriate funds in the account to the division.
(4) The board may expend up to 10% of the money appropriated under Subsection (3)
to administer account distributions in accordance with Subsections (5) and (6).
(5) The division shall distribute contributions to one or more organizations that:
(a) are exempt from federal income taxation under Section 501(c)(3), Internal Revenue
Code;
(b) operate under a written agreement with the National Park Service to provide
interpretive, educational, and research activities for the benefit of Zion National Park;
(c) produce and distribute educational and promotional materials on Zion National
Park;
(d) conduct educational courses on the history and ecosystem of the greater Zion
Canyon area; and
(e) provide other programs that enhance visitor appreciation and enjoyment of Zion
National Park.
(6) (a) An organization described in Subsection (5) may apply to the division to receive
a distribution in accordance with Subsection (5).
(b) An organization that receives a distribution from the division in accordance with
Subsection (5) shall expend the distribution only to:
(i) produce and distribute educational and promotional materials on Zion National
Park;
(ii) conduct educational courses on the history and ecosystem of the greater Zion
Canyon area; and
(iii) provide other programs that enhance visitor appreciation and enjoyment of Zion
National Park.
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division may make rules providing procedures and requirements for an organization to apply to
the division to receive a distribution under Subsection (5).
Section 55. 
Repealer.
This bill repeals:
Section 
26-21a-304
,
Children with Cancer Support Restricted Account.
Section 
26-58-102
,
Children with Heart Disease Support Restricted Account.
Section 
41-1a-422
,
Support special group license plates -- Contributor -- Voluntary
contribution collection procedures.
Section 56. 
Effective date.
This bill takes effect on January 1, 2023.