Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 51 Third Substitute (2022GS)

Sponsor

Sen. Harper, W.

Final action

Governor Signed 3/23/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• makes technical changes to correct inaccurate or outdated cross references;
• allows the State Tax Commission to delay the expiration of vehicle registrations in circumstances where materials for registration decals are temporarily unavailable;
• at the time of registration, requires a vintage vehicle that has a model year of 1981 or newer to:
• provide proof of an emissions inspection; or
• provide proof of vehicle insurance that is a type specific to a collector vehicle;
• for a vintage vehicle that has a model year of 1981 or newer:
• increases the registration fee by 50 cents;
• allows the State Tax Commission to use 50 cents of the increased registration fee to cover the costs to administer the vintage vehicle registration program; and
• allows certain vintage vehicles to display a historical support special group license plate instead of a vintage vehicle license plate;
• for a vintage vehicle, removes the requirement to display a front license plate;
• amends provisions related to the Office of the Attorney General in prosecution of certain cases related to motor vehicle enforcement;
• allows the Department of Public Safety to establish a pilot program to establish a public-private partnership to manage certain tow rotation dispatch services;
• amends certain allocations of funding for transportation projects;

Every vote on this bill

Bill text

TRANSPORTATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor: 
Kay J. Christofferson
LONG TITLE
General Description:
This bill amends provisions related to transportation issues including motor vehicles,
vintage vehicles, transportation projects, and a towing rotation pilot program.
Highlighted Provisions:
This bill:
▸ makes technical changes to correct inaccurate or outdated cross references;
▸ allows the State Tax Commission to delay the expiration of vehicle registrations in
circumstances where materials for registration decals are temporarily unavailable;
▸ at the time of registration, requires a vintage vehicle that has a model year of 1981
or newer to:
• provide proof of an emissions inspection; or
• provide proof of vehicle insurance that is a type specific to a collector vehicle;
▸ for a vintage vehicle that has a model year of 1981 or newer:
• increases the registration fee by 50 cents;
• allows the State Tax Commission to use 50 cents of the increased registration
fee to cover the costs to administer the vintage vehicle registration program; and
• allows certain vintage vehicles to display a historical support special group
license plate instead of a vintage vehicle license plate;
▸ for a vintage vehicle, removes the requirement to display a front license plate;
▸ amends provisions related to the Office of the Attorney General in prosecution of
certain cases related to motor vehicle enforcement;
▸ allows the Department of Public Safety to establish a pilot program to establish a
public-private partnership to manage certain tow rotation dispatch services;
▸ amends certain allocations of funding for transportation projects;
▸ clarifies a definition related to local option sales and use taxes for public transit; and
▸ makes technical changes.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2023:
▸ to the Office of the Attorney General -- Internal Service Fund -- Attorney General:
• from the Dedicated Credits Revenue Temporary Permit Account, $192,000.
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
17B-2a-807.2
, as enacted by Laws of Utah 2019, Chapter 479
41-1a-201
, as last amended by Laws of Utah 2019, Chapter 459
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-404
, as last amended by Laws of Utah 2015, Chapters 81 and 412
41-1a-422
, as last amended by Laws of Utah 2021, Chapters 219, 280, and 378
41-1a-1201
, as last amended by Laws of Utah 2018, Chapter 424
41-1a-1206
, as last amended by Laws of Utah 2020, Chapter 377
41-3-105
, as last amended by Laws of Utah 2020, Chapters 354 and 396
41-6a-1642
, as last amended by Laws of Utah 2021, Chapter 322
41-21-1
, as last amended by Laws of Utah 2016, Chapter 40
53-3-105
, as last amended by Laws of Utah 2021, Chapter 284
53-3-219
, as last amended by Laws of Utah 2021, Chapter 262
59-12-2220
, as last amended by Laws of Utah 2019, Chapter 479
63B-31-103
, as enacted by Laws of Utah 2021, Chapter 420
63I-1-272
, as last amended by Laws of Utah 2021, Chapter 420
63I-2-272
, as last amended by Laws of Utah 2021, Chapter 358
72-1-213.1
, as last amended by Laws of Utah 2021, Chapter 222
72-1-213.2
, as enacted by Laws of Utah 2021, Chapters 222 and 222
72-2-121
, as last amended by Laws of Utah 2021, Chapters 239, 239, 420, and 420
72-2-124
, as last amended by Laws of Utah 2021, Chapters 239, 387, and 411
72-5-309
, as last amended by Laws of Utah 2021, Chapter 162
72-5-403
, as last amended by Laws of Utah 2012, Chapter 121
ENACTS:
53-1-106.2
, Utah Code Annotated 1953
REPEALS:
72-1-213
, as last amended by Laws of Utah 2019, Chapter 479
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
17B-2a-807.2
 is amended to read:
17B-2a-807.2.
Existing large public transit district board of trustees --
Appointment -- Quorum -- Compensation -- Terms.
(1) (a) (i) For a large public transit district created before January 1, 2019, and except
as provided in Subsection (7), the board of trustees shall consist of three members appointed as
described in Subsection (1)(b).
(ii) For purposes of a large public transit district created before January 1, 2019, the
nominating regions are as follows:
(A) a central region that is Salt Lake County;
(B) a southern region that is comprised of Utah County and the portion of Tooele
County that is part of the large public transit district; and
(C) a northern region that is comprised of Davis County, Weber County, and the
portion of Box Elder County that is part of the large public transit district.
(iii) (A) If a large public transit district created before January 1, 2019, annexes an
additional county into the large public transit district pursuant to Section 
17B-1-402
, following
the issuance of the certificate of annexation by the lieutenant governor, the political
subdivisions making up the large public transit district shall submit to the Legislature for
approval a proposal for the creation of three regions for nominating members to the board of
trustees of the large public transit district.
(B) If a large public transit district created before January 1, 2019, has a change to the
boundaries of the large public transit district, the Legislature, after receiving and considering
the proposal described in Subsection (1)(a)(iii)(A), shall designate the three regions for
nominating members to the board of trustees of the large public transit district.
(b) (i) Except as provided in Subsection (5), the governor, with advice and consent of
the Senate, shall appoint the members of the board of trustees, making:
(A) one appointment from individuals nominated from the central region as described
in Subsection (2);
(B) one appointment from individuals nominated from the southern region described in
Subsection (3); and
(C) one appointment from individuals nominated from the northern region described in
Subsection (4).
(2) For the appointment from the central region, the governor shall appoint one
individual selected from five individuals nominated as follows:
(a) two individuals nominated by the council of governments of Salt Lake County; and
(b) three individuals nominated by the mayor of Salt Lake County, with approval of the
Salt Lake County council.
(3) For the appointment from the southern region, the governor shall appoint one
individual selected from five individuals nominated as follows:
(a) two individuals nominated by the council of governments of Utah County;
(b) two individuals nominated by the county commission of Utah County; and
(c) one individual nominated by the county commission of Tooele County.
(4) For the appointment from the northern region, the governor shall appoint one
individual selected from five individuals nominated as follows:
(a) one individual nominated by the council of governments of Davis County;
(b) one individual nominated by the council of governments of Weber County;
(c) one individual nominated by the county commission of Davis County;
(d) one individual nominated by the county commission of Weber County; and
(e) one individual nominated by the county commission of Box Elder County.
(5) (a) The nominating counties described in Subsections (2) through (4) shall ensure
that nominations are submitted to the governor no later than June 1 of each respective
nominating year.
[
(5)
] 
(b)
 If the governor fails to appoint one of the individuals nominated as described
in Subsection (2), (3), or (4), as applicable, within 60 days of the nominations, the following
appointment procedures apply:
[
(a)
] 
(i)
 for an appointment for the central region, the Salt Lake County council shall
appoint an individual, with confirmation by the Senate;
[
(b)
] 
(ii)
 for an appointment for the southern region, the Utah County commission shall
appoint an individual, in consultation with the Tooele County commission, with confirmation
by the Senate; and
[
(c)
] 
(iii)
 for an appointment for the northern region, the Davis County commission and
the Weber County commission, collectively, and in consultation with the Box Elder County
commission, shall appoint an individual, with confirmation by the Senate.
(6) (a) Each nominee shall be a qualified executive with technical and administrative
experience and training appropriate for the position.
(b) The board of trustees of a large public transit district shall be full-time employees
of the public transit district.
(c) The compensation package for the board of trustees shall be determined by the local
advisory council as described in Section 
17B-2a-808.2
.
(d) (i) Subject to Subsection (6)(d)(iii), for a board of trustees of a large public transit
district, "quorum" means at least two members of the board of trustees.
(ii) Action by a majority of a quorum constitutes an action of the board of trustees.
(iii) A meeting of a quorum of a board of trustees of a large public transit district is
subject to Section 
52-4-103
 regarding convening of a three-member board of trustees and what
constitutes a public meeting.
(7) (a) Subject to Subsection (8), each member of the board of trustees of a large public
transit district shall serve for a term of four years.
(b) A member of the board of trustees may serve an unlimited number of terms.
(c) Notwithstanding Subsection (2), (3), or (4), as applicable, at the expiration of a
term of a member of the board of trustees, if the respective nominating entities and individuals
for the respective region described in Subsection (2), (3), or (4), unanimously agree to retain
the existing member of the board of trustees, the respective nominating individuals or bodies
described in Subsection (2), (3), or (4) are not required to make nominations to the governor,
and the governor may reappoint the existing member to the board of trustees.
(8) Each member of the board of trustees of a large public transit district shall serve at
the pleasure of the governor.
(9) Subject to Subsections (7) and (8), a board of trustees of a large public transit
district that is in place as of February 1, 2019, may remain in place.
(10) The governor shall designate one member of the board of trustees as chair of the
board of trustees.
(11) (a) If a vacancy occurs, the nomination and appointment procedures to replace the
individual shall occur in the same manner described in Subsection (2), (3), or (4), and, if
applicable, Subsection (5), for the respective member of the board of trustees creating the
vacancy.
(b) If a vacancy occurs on the board of trustees of a large public transit district, the
respective nominating region shall nominate individuals to the governor as described in this
section within 60 days after the vacancy occurs.
(c) If the respective nominating region does not nominate to fill the vacancy within 60
days, the governor shall appoint an individual to fill the vacancy.
(d) A replacement board member shall serve for the remainder of the unexpired term,
but may serve an unlimited number of terms as provided in Subsection (7)(b).
Section 2. Section 
41-1a-201
 is amended to read:
41-1a-201.
Function of registration -- Registration required -- Penalty.
(1) Unless exempted, a person or automated driving system may not operate and an
owner may not engage an automated driving system, give another person permission to engage
an automated driving system, or give another person permission to operate a motor vehicle,
combination of vehicles, trailer, semitrailer, vintage vehicle, off-highway vehicle, vessel, or
park model recreational vehicle in this state unless it has been registered in accordance with
this chapter, Title 41, Chapter 22, Off-Highway Vehicles, or Title 73, Chapter 18, State
Boating Act.
(2) Subject to Subsection 
53-8-209
(3), a violation of this section is an infraction.
(3) (a) In the event that materials are temporarily unavailable for registration items
required under Section 
41-1a-402
, the commission may delay initial vehicle registration or
renewal of vehicle registrations.
(b) In a circumstance described in Subsection (3)(a), a person does not violate
Subsection (1) for failure to register a vehicle during a delay period described in Subsection
(3)(a).
Section 3. 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
] 
For a vintage vehicle with a model year of 1980 or older, 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).
(3) Before registration of a vintage vehicle that has a model year of 1981 or newer, an
owner shall:
(a) obtain a certificate of emissions inspection as provided in Section 
41-6a-1642
; or
(b) provide proof of vehicle insurance coverage for the vintage vehicle that is a type
specific to a vehicle collector.
Section 4. 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 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 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 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 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
.
(2) The division may receive applications for registration renewal, renew registration,
and issue new license plates or decals at any time prior to the expiration of registration.
(3) (a) (i) [
All
] 
Except as provided in Subsection (3)(a)(iii), 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
] 
Except as provided in Subsection (3)(a)(iii), 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.
(iii) Notwithstanding the reflectivity requirement described in Subsection (3)(a)(i), the
division may manufacture and issue a historical support special group license plate without a
fully reflective plate face if:
(A) the historical special group license plate is requested for a vintage vehicle that has
a model year of 1980 or older; and
(B) the division has manufacturing equipment and technology available to produce the
plate in small quantities.
(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 5. Section 
41-1a-404
 is amended to read:
41-1a-404.
Location and position of plates -- Visibility of plates -- Exceptions.
(1) License plates issued for a vehicle other than a motorcycle, trailer, 
vintage vehicle,
or semitrailer shall be attached to the vehicle, one in the front and the other in the rear.
(2) 
(a)
 The license plate issued for a motorcycle, trailer, or semitrailer shall be attached
to the rear of the motorcycle, trailer, or semitrailer.
(b) (i) An owner of a vintage vehicle shall ensure that a license plate is attached to the
rear of the vintage vehicle.
(ii) An owner of a vintage vehicle is not required to display a license plate on the front
of the vintage vehicle.
(3) Except as provided in Subsection (5), a license plate shall at all times be:
(a) securely fastened:
(i) in a horizontal position to the vehicle for which it is issued to prevent the plate from
swinging;
(ii) at a height of not less than 12 inches from the ground, measuring from the bottom
of the plate; and
(iii) in a place and position to be clearly visible; and
(b) maintained:
(i) free from foreign materials; and
(ii) in a condition to be clearly legible.
(4) Enforcement by a state or local law enforcement officer of the requirement under
Subsection (1) to attach a license plate to the front of a vehicle shall be only as a secondary
action when the vehicle has been detained for a suspected violation by any person in the
vehicle of Title 41, Motor Vehicles, other than the requirement under Subsection (1) to attach a
license plate to the front of the vehicle, or for another offense.
(5) The provisions of Subsections (3)(a)(iii) and (3)(b) do not apply to a license plate
that is obscured exclusively by one or more of the following devices or by the cargo the device
is carrying, if the device is installed according to manufacturer specifications or generally
accepted installation practices:
(a) a trailer hitch;
(b) a wheelchair lift or wheelchair carrier;
(c) a trailer being towed by the vehicle;
(d) a bicycle rack, ski rack, or luggage rack; or
(e) a similar cargo carrying device.
(6) A violation of this section is an infraction.
Section 6. Section 
41-1a-422
 is amended to read:
41-1a-422.
Support special group license plates -- Contributor -- Voluntary
contribution collection procedures.
(1) As used in this section:
(a) (i) except as provided in Subsection (1)(a)(ii), "contributor" means a person who has
donated or in whose name at least $25 has been donated to:
(A) a scholastic scholarship fund of a single named institution;
(B) the Department of Veterans and Military Affairs for veterans programs;
(C) the Division of Wildlife Resources for the Wildlife Resources Account created in
Section 
23-14-13
, for conservation of wildlife and the enhancement, preservation, protection,
access, and management of wildlife habitat;
(D) the Department of Agriculture and Food for the benefit of conservation districts;
(E) the Division of Recreation for the benefit of snowmobile programs;
(F) the Guardian Ad Litem Services Account and the Children's Museum of Utah, with
the donation evenly divided between the two;
(G) the Boy Scouts of America for the benefit of a Utah Boy Scouts of America
council as specified by the contributor;
(H) No More Homeless Pets in Utah for distribution to organizations or individuals
that provide spay and neuter programs that subsidize the sterilization of domestic animals;
(I) the Utah Alliance of Boys and Girls Clubs, Inc. to provide and enhance youth
development programs;
(J) the Utah Association of Public School Foundations to support public education;
(K) the Utah Housing Opportunity Restricted Account created in Section 
61-2-204
 to
assist people who have severe housing needs;
(L) the Public Safety Honoring Heroes Restricted Account created in Section 
53-1-118
to support the families of fallen Utah Highway Patrol troopers and other Department of Public
Safety employees;
(M) the Division of State Parks for distribution to organizations that provide support
for Zion National Park;
(N) the Firefighter Support Restricted Account created in Section 
53-7-109
 to support
firefighter organizations;
(O) the Share the Road Bicycle Support Restricted Account created in Section
72-2-127
 to support bicycle operation and safety awareness programs;
(P) the Cancer Research Restricted Account created in Section 
26-21a-302
 to support
cancer research programs;
(Q) Autism Awareness Restricted Account created in Section 
53F-9-401
 to support
autism awareness programs;
(R) Humanitarian Service and Educational and Cultural Exchange Restricted Account
created in Section 
9-17-102
 to support humanitarian service and educational and cultural
programs;
(S) Upon renewal of a prostate cancer support special group license plate, to the Cancer
Research Restricted Account created in Section 
26-21a-302
 to support cancer research
programs;
(T) the Choose Life Adoption Support Restricted Account created in Section
62A-4a-608
 to support programs that promote adoption;
(U) the National Professional Men's Basketball Team Support of Women and Children
Issues Restricted Account created in Section 
62A-1-202
;
(V) the Utah Law Enforcement Memorial Support Restricted Account created in
Section 
53-1-120
;
(W) the Children with Cancer Support Restricted Account created in Section
26-21a-304
 for programs that provide assistance to children with cancer;
(X) the National Professional Men's Soccer Team Support of Building Communities
Restricted Account created in Section 
9-19-102
;
(Y) the Children with Heart Disease Support Restricted Account created in Section
26-58-102
;
(Z) the Utah Intracurricular Student Organization Support for Agricultural Education
and Leadership Restricted Account created in Section 
4-42-102
;
(AA) the Division of Wildlife Resources for the Support for State-Owned Shooting
Ranges Restricted Account created in Section 
23-14-13.5
, for the creation of new, and
operation and maintenance of existing, state-owned firearm shooting ranges;
(BB) the Utah State Historical Society to further the mission and purpose of the Utah
State Historical Society;
(CC) the Motorcycle Safety Awareness Support Restricted Account created in Section
72-2-130
;
(DD) the Transportation of Veterans to Memorials Support Restricted Account created
in Section 
71-14-102
;
(EE) clean air support causes, with half of the donation deposited into the Clean Air
Support Restricted Account created in Section 
19-1-109
, and half of the donation deposited
into the Clean Air Fund created in Section 
59-10-1319
;
(FF) the Latino Community Support Restricted Account created in Section 
13-1-16
;
(GG) the Allyson Gamble Organ Donation Contribution Fund created in Section
26-18b-101
; or
(HH) public education on behalf of the Kiwanis International clubs, with the amount of
the donation required to cover the costs of issuing, ordering, or reordering Kiwanis support
special group plates, as determined by the State Tax Commission, deposited into the Kiwanis
Education Support Fund created in Section 
53F-9-403
, and all remaining donation amounts
deposited into the Education Fund.
(ii) (A) For a veterans special group license plate described in Subsection
41-1a-421
(1)(a)(v) or 
41-1a-422
(4), "contributor" means a person who has donated or in whose
name at least a $25 donation at the time of application and $10 annual donation thereafter has
been made.
(B) For a Utah Housing Opportunity special group license plate, "contributor" means a
person who:
(I) has donated or in whose name at least $30 has been donated at the time of
application and annually after the time of application; and
(II) is a member of a trade organization for real estate licensees that has more than
15,000 Utah members.
(C) For an Honoring Heroes special group license plate, "contributor" means a person
who has donated or in whose name at least $35 has been donated at the time of application and
annually thereafter.
(D) For a firefighter support special group license plate, "contributor" means a person
who:
(I) has donated or in whose name at least $15 has been donated at the time of
application and annually after the time of application; and
(II) is a currently employed, volunteer, or retired firefighter.
(E) For a cancer research special group license plate, "contributor" means a person who
has donated or in whose name at least $35 has been donated at the time of application and
annually after the time of application.
(F) For a Utah Law Enforcement Memorial Support special group license plate,
"contributor" means a person who has donated or in whose name at least $35 has been donated
at the time of application and annually thereafter.
(b) "Institution" means a state institution of higher education as defined under Section
53B-3-102
 or a private institution of higher education in the state accredited by a regional or
national accrediting agency recognized by the United States Department of Education.
(2) (a) An applicant for original or renewal collegiate special group license plates under
Subsection (1)(a)(i) must be a contributor to the institution named in the application and
present the original contribution verification form under Subsection (2)(b) or make a
contribution to the division at the time of application under Subsection (3).
(b) An institution with a support special group license plate shall issue to a contributor
a verification form designed by the commission containing:
(i) the name of the contributor;
(ii) the institution to which a donation was made;
(iii) the date of the donation; and
(iv) an attestation that the donation was for a scholastic scholarship.
(c) The state auditor may audit each institution to verify that the money collected by the
institutions from contributors is used for scholastic scholarships.
(d) After an applicant has been issued collegiate license plates or renewal decals, the
commission shall charge the institution whose plate was issued, a fee determined in accordance
with Section 
63J-1-504
 for management and administrative expenses incurred in issuing and
renewing the collegiate license plates.
(e) If the contribution is made at the time of application, the contribution shall be
collected, treated, and deposited as provided under Subsection (3).
(3) (a) 
(i)
 [
An
] 
Except as provided in Subsection (3)(a)(ii), an
 applicant for original or
renewal support special group license plates under this section must be a contributor to the
sponsoring organization associated with the license plate.
(ii) An applicant for a historical special group license plate is not required to make a
donation to the Utah State Historical Society if the historical special group license plate is for a
vintage vehicle that has a model year of 1980 or older.
(b) This contribution shall be:
(i) unless collected by the named institution under Subsection (2), collected by the
division;
(ii) considered a voluntary contribution for the funding of the activities specified under
this section and not a motor vehicle registration fee;
(iii) deposited into the appropriate account less actual administrative costs associated
with issuing the license plates; and
(iv) for a firefighter special group license plate, deposited into the appropriate account
less:
(A) the costs of reordering firefighter special group license plate decals; and
(B) the costs of replacing recognition special group license plates with new license
plates under Subsection 
41-1a-1211
(13).
(c) The donation described in Subsection (1)(a) must be made in the 12 months prior to
registration or renewal of registration.
(d) The donation described in Subsection (1)(a) shall be a one-time donation made to
the division when issuing original:
(i) snowmobile license plates; or
(ii) conservation license plates.
(4) Veterans license plates shall display one of the symbols representing the Army,
Navy, Air Force, Marines, Coast Guard, or American Legion.
Section 7. 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
 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.
(c) Fifty cents of the registration fee imposed under Subsection 
41-1a-1206
(1)(i) for
each vintage vehicle that has a model year of 1981 or newer 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
] 
into
 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
] 
into
 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
] 
into
 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
] 
into
 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 8. Section 
41-1a-1206
 is amended to read:
41-1a-1206.
Registration fees -- Fees by gross laden weight.
(1) Except as provided in Subsections (2) and (3), at the time application is made for
registration or renewal of registration of a vehicle or combination of vehicles under this
chapter, a registration fee shall be paid to the division as follows:
(a) $46.00 for each motorcycle;
(b) $44 for each motor vehicle of 12,000 pounds or less gross laden weight, excluding
motorcycles;
(c) unless the semitrailer or trailer is exempt from registration under Section 
41-1a-202
or is registered under Section 
41-1a-301
:
(i) $31 for each trailer or semitrailer over 750 pounds gross unladen weight; or
(ii) $28.50 for each commercial trailer or commercial semitrailer of 750 pounds or less
gross unladen weight;
(d) (i) $53 for each farm truck over 12,000 pounds, but not exceeding 14,000 pounds
gross laden weight; plus
(ii) $9 for each 2,000 pounds over 14,000 pounds gross laden weight;
(e) (i) $69.50 for each motor vehicle or combination of motor vehicles, excluding farm
trucks, over 12,000 pounds, but not exceeding 14,000 pounds gross laden weight; plus
(ii) $19 for each 2,000 pounds over 14,000 pounds gross laden weight;
(f) (i) $69.50 for each park model recreational vehicle over 12,000 pounds, but not
exceeding 14,000 pounds gross laden weight; plus
(ii) $19 for each 2,000 pounds over 14,000 pounds gross laden weight;
(g) $45 for each vintage vehicle that [
is less than 40 years old; and
] 
has a model year of
or newer;
(h) in addition to the fee described in Subsection (1)(b):
(i) for each electric motor vehicle:
(A) $90 during calendar year 2020; and
(B) $120 beginning January 1, 2021, and thereafter;
(ii) for each hybrid electric motor vehicle:
(A) $15 during calendar year 2020; and
(B) $20 beginning January 1, 2021, and thereafter;
(iii) for each plug-in hybrid electric motor vehicle:
(A) $39 during calendar year 2020; and
(B) $52 beginning January 1, 2021, and thereafter; and
(iv) for any motor vehicle not described in Subsections (1)(h)(i) through (iii) that is
fueled exclusively by a source other than motor fuel, diesel fuel, natural gas, or propane:
(A) $90 during calendar year 2020; and
(B) $120 beginning January 1, 2021, and thereafter[
.
]
; and
(i) in addition to the fee described in Subsection (1)(g), for a vintage vehicle that has a
model year of 1981 or newer, 50 cents.
(2) (a) At the time application is made for registration or renewal of registration of a
vehicle under this chapter for a six-month registration period under Section 
41-1a-215.5
, a
registration fee shall be paid to the division as follows:
(i) $34.50 for each motorcycle; and
(ii) $33.50 for each motor vehicle of 12,000 pounds or less gross laden weight,
excluding motorcycles.
(b) In addition to the fee described in Subsection (2)(a)(ii), for registration or renewal
of registration of a vehicle under this chapter for a six-month registration period under Section
41-1a-215.5
 a registration fee shall be paid to the division as follows:
(i) for each electric motor vehicle:
(A) $69.75 during calendar year 2020; and
(B) $93 beginning January 1, 2021, and thereafter;
(ii) for each hybrid electric motor vehicle:
(A) $11.25 during calendar year 2020; and
(B) $15 beginning January 1, 2021, and thereafter;
(iii) for each plug-in hybrid electric motor vehicle:
(A) $30 during calendar year 2020; and
(B) $40 beginning January 1, 2021, and thereafter; and
(iv) for each motor vehicle not described in Subsections (2)(b)(i) through (iii) that is
fueled by a source other than motor fuel, diesel fuel, natural gas, or propane:
(A) $69.75 during calendar year 2020; and
(B) $93 beginning January 1, 2021, and thereafter.
(3) (a) (i) Beginning on January 1, 2019, the commission shall, on January 1, annually
adjust the registration fees described in Subsections (1)(a), (1)(b), (1)(c)(i), (1)(c)(ii), (1)(d)(i),
(1)(e)(i), (1)(f)(i), (1)(g), (2)(a), (4)(a), and (7), by taking the registration fee rate for the
previous year and adding an amount equal to the greater of:
(A) an amount calculated by multiplying the registration fee of the previous year by the
actual percentage change during the previous fiscal year in the Consumer Price Index; and
(B) 0.
(ii) Beginning on January 1, 2022, the commission shall, on January 1, annually adjust
the registration fees described in Subsections (1)(h)(i)(B), (1)(h)(ii)(B), (1)(h)(iii)(B),
(1)(h)(iv)(B), (2)(b)(i)(B), (2)(b)(ii)(B), (2)(b)(iii)(B), and (2)(b)(iv)(B) by taking the
registration fee rate for the previous year and adding an amount equal to the greater of:
(A) an amount calculated by multiplying the registration fee of the previous year by the
actual percentage change during the previous fiscal year in the Consumer Price Index; and
(B) 0.
(b) The amounts calculated as described in Subsection (3)(a) shall be rounded up to the
nearest 25 cents. 
(4) (a) The initial registration fee for a vintage vehicle that [
is 40 years old
] 
has a
model year of 1980
 or older is $40.
(b) A vintage vehicle that [
is 40 years old
] 
has a model year of 1980
 or older is exempt
from the renewal of registration fees under Subsection (1).
(c) A vehicle with a Purple Heart special group license plate issued in accordance with
Section 
41-1a-421
 is exempt from the registration fees under Subsection (1).
(d) A camper is exempt from the registration fees under Subsection (1).
(5) If a motor vehicle is operated in combination with a semitrailer or trailer, each
motor vehicle shall register for the total gross laden weight of all units of the combination if the
total gross laden weight of the combination exceeds 12,000 pounds.
(6) (a) Registration fee categories under this section are based on the gross laden
weight declared in the licensee's application for registration.
(b) Gross laden weight shall be computed in units of 2,000 pounds. A fractional part
of 2,000 pounds is a full unit.
(7) The owner of a commercial trailer or commercial semitrailer may, as an alternative
to registering under Subsection (1)(c), apply for and obtain a special registration and license
plate for a fee of $130.
(8) Except as provided in Section 
41-6a-1642
, a truck may not be registered as a farm
truck unless:
(a) the truck meets the definition of a farm truck under Section 
41-1a-102
; and
(b) (i) the truck has a gross vehicle weight rating of more than 12,000 pounds; or
(ii) the truck has a gross vehicle weight rating of 12,000 pounds or less and the owner
submits to the division a certificate of emissions inspection or a waiver in compliance with
Section 
41-6a-1642
.
(9) A violation of Subsection (8) is an infraction that shall be punished by a fine of not
less than $200.
(10) Trucks used exclusively to pump cement, bore wells, or perform crane services
with a crane lift capacity of five or more tons, are exempt from 50% of the amount of the fees
required for those vehicles under this section.
Section 9. Section 
41-3-105
 is amended to read:
41-3-105.
Administrator's powers and duties -- Administrator and investigators
to be law enforcement officers.
(1) The administrator may make rules to carry out the purposes of this chapter and
Sections 
41-1a-1001
 through 
41-1a-1006
 according to the procedures and requirements of Title
63G, Chapter 3, Utah Administrative Rulemaking Act.
(2) (a) The administrator may employ clerks, deputies, and assistants necessary to
discharge the duties under this chapter and may designate the duties of those clerks, deputies,
and assistants.
(b) The administrator, assistant administrator, and all investigators shall be law
enforcement officers certified by peace officer standards and training as required by Section
53-13-103
.
(3) (a) The administrator may investigate any suspected or alleged violation of:
(i) this chapter;
(ii) Title 41, Chapter 1a, Motor Vehicle Act;
(iii) any law concerning motor vehicle fraud; or
(iv) any rule made by the administrator.
(b) The administrator may bring an action in the name of the state against any person to
enjoin a violation found under Subsection (3)(a).
(4) (a) The administrator may prescribe forms to be used for applications for licenses.
(b) The administrator may require information from the applicant concerning the
applicant's fitness to be licensed.
(c) Each application for a license shall contain:
(i) if the applicant is an individual, the name and residence address of the applicant and
the trade name, if any, under which the applicant intends to conduct business;
(ii) if the applicant is a partnership, the name and residence address of each partner,
whether limited or general, and the name under which the partnership business will be
conducted;
(iii) if the applicant is a corporation, the name of the corporation, and the name and
residence address of each of its principal officers and directors;
(iv) a complete description of the principal place of business, including:
(A) the municipality, with the street and number, if any;
(B) if located outside of any municipality, a general description so that the location can
be determined; and
(C) any other places of business operated and maintained by the applicant in
conjunction with the principal place of business;
(v) if the application is for a new motor vehicle dealer's license, the name of each
motor vehicle the applicant has been enfranchised to sell or exchange, the name and address of
the manufacturer or distributor who has enfranchised the applicant, and the name and address
of each individual who will act as a salesperson under authority of the license;
(vi) at least five years of business history;
(vii) the federal tax identification number issued to the dealer;
(viii) the sales and use tax license number issued to the dealer under Title 59, Chapter
12, Sales and Use Tax Act; and
(ix) if the application is for a direct-sale manufacturer's license:
(A) the name of each line-make the applicant will sell, display for sale, or offer for sale
or exchange;
(B) the name and address of each individual who will act as a direct-sale manufacturer
salesperson under authority of the license;
(C) a complete description of the direct-sale manufacturer's authorized service center,
including the address and any other place of business the applicant operates and maintains in
conjunction with the authorized service center;
(D) a sworn statement that the applicant complies with each qualification for a
direct-sale manufacturer under this chapter;
(E) a sworn statement that if at any time the applicant fails to comply with a
qualification for a direct-sale manufacturer under this chapter, the applicant will inform the
division in writing within 10 business days after the day on which the noncompliance occurs;
and
(F) an acknowledgment that if the applicant fails to comply with a qualification for a
direct-sale manufacturer under this chapter, the administrator will deny, suspend, or revoke the
applicant's direct-sale manufacturer license in accordance with Section 
41-3-209
. 
(5) The administrator may adopt a seal with the words "Motor Vehicle Enforcement
Administrator, State of Utah," to authenticate the acts of the administrator's office.
(6) (a) The administrator may require that a licensee erect or post signs or devices on
the licensee's principal place of business and any other sites, equipment, or locations operated
and maintained by the licensee in conjunction with the licensee's business.
(b) The signs or devices shall state the licensee's name, principal place of business,
type and number of licenses, and any other information that the administrator considers
necessary to identify the licensee.
(c) The administrator may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, determining allowable size and shape of signs or devices,
lettering and other details of signs or devices, and location of signs or devices.
(7) (a) The administrator shall provide for quarterly meetings of the advisory board and
may call special meetings.
(b) Notices of all meetings shall be sent to each member not fewer than five days
before the meeting.
(8) The administrator, the officers and inspectors of the division designated by the
commission, and peace officers shall:
(a) make arrests upon view and without warrant for any violation committed in their
presence of any of the provisions of this chapter, or Title 41, Chapter 1a, Motor Vehicle Act;
(b) when on duty, upon reasonable belief that a motor vehicle, trailer, or semitrailer is
being operated in violation of any provision of Title 41, Chapter 1a, Motor Vehicle Act, require
the driver of the vehicle to stop, exhibit the person's driver license and the registration card
issued for the vehicle, and submit to an inspection of the vehicle, the license plates, and
registration card;
(c) serve all warrants relating to the enforcement of the laws regulating the operation of
motor vehicles, trailers, and semitrailers;
(d) investigate traffic accidents and secure testimony of any witnesses or persons
involved; and
(e) investigate reported thefts of motor vehicles, trailers, and semitrailers.
(9) The administrator shall provide security for an area within the commission
designated as a secure area under Section 
76-8-311.1
.
(10) [
The administrator may contract with a public prosecutor to provide additional
]
The Office of the Attorney General shall provide
 prosecution of this chapter.
Section 10. 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) a vintage vehicle as defined in Section 
41-21-1
[
;
]
:
(i) if the vintage vehicle has a model year of 1980 or older; or
(ii) for a vintage vehicle that has a model year of 1981 or newer, if the owner provides
proof of vehicle insurance that is a type specific to a vehicle collector;
(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
] 
regulations or ordinances
 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.
Section 11. Section 
41-21-1
 is amended to read:
41-21-1.
Definitions.
(1) "Autocycle" means the same as that term is defined in Section 
53-3-102
.
(2) "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.
(3) (a) "Street rod" means a motor vehicle or motorcycle that:
(i) (A) was manufactured in 1948 or before; or
(B) (I) was manufactured after 1948 to resemble a vehicle that was manufactured in
1948 or before; and
(II) (Aa) has been altered from the manufacturer's original design; or
(Bb) has a body constructed from non-original materials; and
(ii) is primarily a collector's item that is used for:
(A) club activities;
(B) exhibitions;
(C) tours;
(D) parades;
(E) occasional transportation; and
(F) other similar uses.
(b) "Street rod" does not include a motor vehicle or motorcycle that is used for general,
daily transportation.
(4) (a) "Vintage travel trailer" means a travel trailer, camping trailer, or fifth wheel
trailer that is:
(i) 30 years old or older, from the current year; and
(ii) primarily a collector's item that is used for:
(A) participation in club activities;
(B) exhibitions;
(C) tours;
(D) parades;
(E) occasional recreational or vacation use; and
(F) other similar uses.
(b) "Vintage travel trailer" does not include a travel trailer, camping trailer, or fifth
wheel trailer that is used for the general, daily transportation of persons or property.
(5) (a) "Vintage vehicle" means a motor vehicle or motorcycle that:
(i) is 30 years old or older from the current year;
(ii) displays
:
(A)
 a unique vehicle type special group license plate issued in accordance with Section
41-1a-418
; [
and
] 
or
(B) for a vehicle that has a model year of 1980 or older, a historical support special
group plate; and
(iii) is primarily a collector's item that is used for:
(A) participation in club activities;
(B) exhibitions;
(C) tours;
(D) parades;
(E) occasional transportation; and
(F) other similar uses.
(b) "Vintage vehicle" does not include a motor vehicle or motorcycle that is used for
general, daily transportation.
(c) "Vintage vehicle" includes a:
(i) street rod; and
(ii) vintage travel trailer.
Section 12. Section 
53-1-106.2
 is enacted to read:
 53-1-106.2.
Towing dispatch pilot program.
(1) The department shall evaluate the availability of vendors, products, and technology
capable of increasing efficiency, effectiveness, and transparency in the dispatching of towing
providers and management of towing rotations in counties of the first or second class as
classified under Section 
17-50-501
 that experience high demand for tow truck services.
(2) The department shall evaluate vendors, products, and technology for:
(a) the following requirements and capabilities:
(i) decreasing delays associated with requesting and dispatching a tow truck motor
carrier from an established tow rotation;
(ii) increasing information, transparency, and data collection associated with tow
rotation operations, including dispatching, response time, completion, clearance, and storage;
and
(iii) increasing responder and traffic safety by reducing secondary crashes, responder
time on scene, and the impacts of traffic accidents on traffic flow and safety; and
(b) costs and distribution of costs for the implementation of product programs,
equipment, technology, and other requirements.
(3) Based on the information and findings of the request for information described in
this section, the department may:
(a) issue a request for proposals to establish a public-private partnership pilot program
to achieve the goals described in Subsection (2); and
(b) establish a pilot program to contract with a vendor to provide towing dispatch
management as described in this section.
(4) A vendor selected pursuant to Subsection (3) to provide towing dispatch
management services as described in this section may not also provide towing, storage,
impounding, or other services related to the operation of a towing provider.
Section 13. Section 
53-3-105
 is amended to read:
53-3-105.
Fees for licenses, renewals, extensions, reinstatements, rescheduling,
and identification cards.
The following fees apply under this chapter:
(1) An original class D license application under Section 
53-3-205
 is $52.
(2) An original provisional license application for a class D license under Section
53-3-205
 is $39.
(3) An original limited term license application under Section 
53-3-205
 is $32.
(4) An original application for a motorcycle endorsement under Section 
53-3-205
 is
$18.
(5) An original application for a taxicab endorsement under Section 
53-3-205
 is $14.
(6) A learner permit application under Section 
53-3-210.5
 is $19.
(7) A renewal of a class D license under Section 
53-3-214
 is $52 unless Subsection
(12) applies.
(8) A renewal of a provisional license application for a class D license under Section
53-3-214
 is $52.
(9) A renewal of a limited term license application under Section 
53-3-214
 is $32.
(10) A renewal of a motorcycle endorsement under Section 
53-3-214
 is $18.
(11) A renewal of a taxicab endorsement under Section 
53-3-214
 is $14.
(12) A renewal of a class D license for an individual 65 and older under Section
53-3-214
 is $27.
(13) An extension of a class D license under Section 
53-3-214
 is $42 unless Subsection
(17) applies.
(14) An extension of a provisional license application for a class D license under
Section 
53-3-214
 is $42.
(15) An extension of a motorcycle endorsement under Section 
53-3-214
 is $18.
(16) An extension of a taxicab endorsement under Section 
53-3-214
 is $14.
(17) An extension of a class D license for an individual 65 and older under Section
53-3-214
 is $22.
(18) An original or renewal application for a commercial class A, B, or C license or an
original or renewal of a provisional commercial class A or B license under Part 4, Uniform
Commercial Driver License Act, is $52.
(19) A commercial class A, B, or C license skills test is $78.
(20) Each original CDL endorsement for passengers, hazardous material, double or
triple trailers, or tankers is $9.
(21) An original CDL endorsement for a school bus under Part 4, Uniform Commercial
Driver License Act, is $9.
(22) A renewal of a CDL endorsement under Part 4, Uniform Commercial Driver
License Act, is $9.
(23) (a) A retake of a CDL knowledge test provided for in Section 
53-3-205
 is $26.
(b) A retake of a CDL skills test provided for in Section 
53-3-205
 is $52.
(24) A retake of a CDL endorsement test provided for in Section 
53-3-205
 is $9.
(25) A duplicate class A, B, C, or D license certificate under Section 
53-3-215
 is $23.
(26) (a) A license reinstatement application under Section 
53-3-205
 is $40.
(b) A license reinstatement application under Section 
53-3-205
 for an alcohol, drug, or
combination of alcohol and any drug-related offense is $45 in addition to the fee under
Subsection (26)(a).
(27) (a) An administrative fee for license reinstatement after an alcohol, drug, or
combination of alcohol and any drug-related offense under Section 
41-6a-520
, 
53-3-223
, or
53-3-231
 or an alcohol, drug, or combination of alcohol and any drug-related offense under
Part 4, Uniform Commercial Driver License Act, is $255.
(b) This administrative fee is in addition to the fees under Subsection (26).
(28) (a) An administrative fee for providing the driving record of a driver under
Section 
53-3-104
 or 
53-3-420
 is $8.
(b) The division may not charge for a report furnished under Section 
53-3-104
 to a
municipal, county, state, or federal agency.
(29) A rescheduling fee under Section 
53-3-205
 or 
53-3-407
 is $25.
(30) (a) Except as provided under Subsections (30)(b) and (c), an identification card
application under Section 
53-3-808
 is $23.
(b) An identification card application under Section 
53-3-808
 for a person with a
disability, as defined in 42 U.S.C. Sec. 12102, is $17.
(c) A fee may not be charged for an identification card application if the individual
applying:
(i) (A) has not been issued a Utah driver license;
(B) is indigent; and
(C) is at least 18 years [
of age
] 
old
; or
(ii) submits written verification that the individual is homeless, as defined in Section
26-18-411
, a person who is homeless, as defined in Section 
35A-5-302
, or a child or youth who
is homeless, as defined in 42 U.S.C. Sec. 11434a(2), from:
(A) a homeless shelter, as defined in Section [
10-9a-526
] 
35A-16-305
;
(B) a permanent housing, permanent, supportive, or transitional facility, as defined in
Section 
35A-5-302
;
(C) the Department of Workforce Services; or
(D) a local educational agency liaison for homeless children and youth designated
under 42 U.S.C. Sec. 11432(g)(1)(J)(ii).
(31) (a) An extension of a regular identification card under Subsection 
53-3-807
(4) for
a person with a disability, as defined in 42 U.S.C. Sec. 12102, is $17.
(b) The fee described in Subsection (31)(a) is waived if the applicant submits written
verification that the individual is homeless, as defined in Section 
26-18-411
, or a person who is
homeless, as defined in Section 
35A-5-302
, or a child or youth who is homeless, as defined in
42 U.S.C. Sec. 11434a(2), from:
(i) a homeless shelter, as defined in Section [
10-9a-526
] 
35A-16-305
;
(ii) a permanent housing, permanent, supportive, or transitional facility, as defined in
Section 
35A-5-302
;
(iii) the Department of Workforce Services;
(iv) a homeless service provider as verified by the Department of Workforce Services
as 
described in Section 
26-2-12.6
; or
(v) a local educational agency liaison for homeless children and youth designated under
42 U.S.C. Sec. 11432(g)(1)(J)(ii).
(32) (a) An extension of a regular identification card under Subsection 
53-3-807
(5) is
$23.
(b) The fee described in Subsection (32)(a) is waived if the applicant submits written
verification that the individual is homeless, as defined in Section 
26-18-411
, or a person who is
homeless, as defined in Section 
35A-5-302
, from:
(i) a homeless shelter, as defined in Section [
10-9a-526
] 
35A-16-305
;
(ii) a permanent housing, permanent, supportive, or transitional facility, as defined in
Section 
35A-5-302
;
(iii) the Department of Workforce Services; or
(iv) a homeless service provider as verified by the Department of Workforce Services
as described in Section 
26-2-12.6
.
(33) In addition to any license application fees collected under this chapter, the division
shall impose on individuals submitting fingerprints in accordance with Section 
53-3-205.5
 the
fees that the Bureau of Criminal Identification is authorized to collect for the services the
Bureau of Criminal Identification provides under Section 
53-3-205.5
.
(34) An original mobility vehicle permit application under Section 
41-6a-1118
 is $30.
(35) A renewal of a mobility vehicle permit under Section 
41-6a-1118
 is $30.
(36) A duplicate mobility vehicle permit under Section 
41-6a-1118
 is $12.
Section 14. Section 
53-3-219
 is amended to read:
53-3-219.
Suspension of minor's driving privileges.
(1) The division shall immediately suspend all driving privileges of any person upon
receipt of an order suspending driving privileges under Section 
32B-4-409
, Section 
32B-4-410
,
Subsection 
76-9-701
(1), or Section 
80-6-707
.
(2) (a) (i) Upon receipt of the first order suspending a person's driving privileges under
Section 
32B-4-409
, Section 
32B-4-410
, Subsection 
76-9-701
(1), or Section 
80-6-707
, the
division shall:
(A) impose a suspension for a period of one year;
(B) if the person has not been issued an operator license, deny the person's application
for a license or learner's permit for a period of one year; or
(C) if the person is under the age of eligibility for a driver license, deny the person's
application for a license or learner's permit beginning on the date of conviction and continuing
for one year beginning on the date of eligibility for a driver license.
(ii) Upon receipt of the first order suspending a person's driving privileges under this
section, the division shall reduce the suspension period under Subsection (2)(a)(i)(A), (B), or
(C) if ordered by the court in accordance with Subsection 
32B-4-409
(5)(b), 
32B-4-410
(4)(b),
76-9-701
(4)(b), or 
80-6-707
(3)(a).
(b) (i) Upon receipt of a second or subsequent order suspending a person's driving
privileges under Section 
32B-4-409
, Section 
32B-4-410
, Subsection 
76-9-701
(1), or
Subsection [
80-4-707
] 
80-6-707
(3)(b), the division shall:
(A) impose a suspension for a period of two years;
(B) if the person has not been issued an operator license or is under the age of
eligibility for a driver license, deny the person's application for a license or learner's permit for
a period of two years; or
(C) if the person is under the age of eligibility for a driver license, deny the person's
application for a license or learner's permit beginning on the date of conviction and continuing
for two years beginning on the date of eligibility for a driver license.
(ii) Upon receipt of the second or subsequent order suspending a person's driving
privileges under Section 
32B-4-409
, Section 
32B-4-410
, Subsection 
76-9-701
(1), or Section
80-6-707
, the division shall reduce the suspension period if ordered by the court in accordance
with Subsection 
32B-4-409
(5)(c), 
32B-4-410
(4)(c), 
76-9-701
(4)(c), or 
80-6-707
(3)(b).
(3) The Driver License Division shall subtract from any suspension or revocation
period for a conviction of a violation of Section 
32B-4-409
 the number of days for which a
license was previously suspended under Section 
53-3-231
, if the previous sanction was based
on the same occurrence upon which the record of conviction is based.
(4) After reinstatement of the license described in Subsection (1), a report authorized
under Section 
53-3-104
 may not contain evidence of the suspension of a minor's license under
this section if the minor has not been convicted of any other offense for which the suspension
under Subsection (1) may be extended.
Section 15. Section 
59-12-2220
 is amended to read:
59-12-2220.
County option sales and use tax to fund a system for public transit --
Base -- Rate. 
(1) Subject to the other provisions of this part and subject to the requirements of this
section, beginning on July 1, 2019, the following counties may impose a sales and use tax
under this section:
(a) a county legislative body may impose the sales and use tax on the transactions
described in Subsection 
59-12-103
(1) located within the county, including the cities and towns
within the county if:
(i) the entire boundary of a county is annexed into a large public transit district; and
(ii) the maximum amount of sales and use tax authorizations allowed pursuant to
Section 
59-12-2203
 and authorized under the following sections has been imposed:
(A) Section 
59-12-2213
;
(B) Section 
59-12-2214
;
(C) Section 
59-12-2215
;
(D) Section 
59-12-2216
;
(E) Section 
59-12-2217
;
(F) Section 
59-12-2218
; and
(G) Section 
59-12-2219
;
(b) if the county is not annexed into a large public transit district, the county legislative
body may impose the sales and use tax on the transactions described in Subsection
59-12-103
(1) located within the county, including the cities and towns within the county if:
(i) the county is an eligible political subdivision as defined in Section 
59-12-2219
; or
(ii) a city or town within the boundary of the county is an eligible political subdivision
as defined in Section 
59-12-2219
; or
(c) a county legislative body of a county not described in Subsection (1)(a) may impose
the sales and use tax on the transactions described in Subsection 
59-12-103
(1) located within
the county, including the cities and towns within the county, if there is a public transit district
within the boundary of the county.
(2) For purposes of Subsection (1) and subject to the other provisions of this section, a
county legislative body that imposes a sales and use tax under this section may impose the tax
at a rate of .2%.
(3) A county imposing a sales and use tax under this section shall expend the revenues
collected from the sales and use tax for capital expenses and service delivery expenses of:
(a) a public transit district;
(b) an eligible political subdivision
, as that term is defined in Section 
59-12-2219
; or
(c) another entity providing a service for public transit or a transit facility within the
county as those terms are defined in Section 
17B-2a-802
.
(4) Notwithstanding Section 
59-12-2208
, a county legislative body may, but is not
required to, submit an opinion question to the county's registered voters in accordance with
Section 
59-12-2208
 to impose a sales and use tax under this section.
(5) (a) Notwithstanding any other provision in this section, if a county wishes to
impose a sales and use tax under this section, the county legislative body shall pass the
ordinance to impose a sales and use tax under this section on or before June 30, 2023.
(b) The county legislative body may not pass an ordinance to impose a sales and use
tax under this section on or after July 1, 2023.
(c) Notwithstanding the deadline described in Subsection (5)(a), any sales and use tax
imposed under this section on or before June 30, 2023, may remain in effect.
(6) (a) Revenue collected from a sales and use tax under this section may not be used
to supplant existing General Fund appropriations that a county has budgeted for transportation
or public transit as of the date the tax becomes effective for a county.
(b) The limitation under Subsection (6)(a) does not apply to a designated transportation
or public transit capital or reserve account a county may have established prior to the date the
tax becomes effective. 
Section 16. Section 
63B-31-103
 is amended to read:
63B-31-103.
Transportation bonds -- Maximum amount -- Use for State
Infrastructure Bank Fund loans.
(1) (a) Subject to the restriction in Subsection (1)(c), the total amount of bonds issued
under this section may not exceed $30,000,000.
(b) When the Department of Transportation certifies to the commission the amount of
bond proceeds that the commission needs to provide funding for the purposes described in
Subsection (2), the commission may issue and sell general obligation bonds in an amount equal
to the certified amount plus costs of issuance.
(c) The commission may not issue general obligation bonds authorized under this
section if the issuance for general obligation bonds would result in the total current outstanding
general obligation debt of the state exceeding 50% of the limitation described in the Utah
Constitution, Article XIV, Section 1.
(2) (a) Proceeds from the bonds issued under this section shall be provided to the
Department of Transportation to transfer to the State Infrastructure Bank Fund created in
Section 
72-2-202
 to be used to issue loans pursuant to Title 72, Chapter 2, Part 2, State
Infrastructure Bank Fund.
(b) Any distribution from the State Infrastructure Bank Fund shall be contingent upon a
commitment from the borrower that revenue is available to repay the loan from the State
Infrastructure Bank Fund which shall be paid in whole or in part from revenue distributions
described in Subsection 
72-2-121
(4)[
(m)
]
(k)
.
(c) Notwithstanding Subsection 
72-2-204
(2), a loan or assistance made with proceeds
from bonds issued under this section shall bear an interest rate not to exceed .5% above the
bond market interest rate available to the state for an issuance under this section.
Section 17. Section 
63I-1-272
 is amended to read:
63I-1-272.
Repeal dates, Title 72.
(1) Subsection 
72-2-121
[
(10)
]
(9)
, which creates transportation advisory committees, is
repealed July 1, 2022.
(2) Title 72, Chapter 4, Part 3, Utah State Scenic Byway Program, is repealed January
2, 2025.
Section 18. Section 
63I-2-272
 is amended to read:
63I-2-272.
Repeal dates -- Title 72.
[
(1) Subsections 
72-1-213
(2) and (3)(a)(i), related to the Road Usage Charge Advisory
Committee, are repealed January 1, 2022.
]
[
(2)
] Section 
72-1-216.1
 is repealed January 1, 2023.
Section 19. Section 
72-1-213.1
 is amended to read:
72-1-213.1.
Road usage charge program.
(1) As used in this section:
(a) "Account manager" means an entity under contract with the department to
administer and manage the road usage charge program.
(b) "Alternative fuel vehicle" means the same as that term is defined in Section
41-1a-102
.
(c) "Payment period" means the interval during which an owner is required to report
mileage and pay the appropriate road usage charge according to the terms of the program.
(d) "Program" means the road usage charge program established and described in this
section.
(2) There is established a road usage charge program as described in this section.
(3) (a) The department shall implement and oversee the administration of the program,
which shall begin on January 1, 2020.
(b) To implement and administer the program, the department may contract with an
account manager.
(4) (a) The owner or lessee of an alternative fuel vehicle may apply for enrollment of
the alternative fuel vehicle in the program.
(b) If an application for enrollment into the program is approved by the department, the
owner or lessee of an alternative fuel vehicle may participate in the program in lieu of paying
the fee described in Subsection 
41-1a-1206
(1)(h) or (2)(b).
(5) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
and consistent with this section, the department:
(i) shall make rules to establish:
(A) processes and terms for enrollment into and withdrawal or removal from the
program;
(B) payment periods and other payment methods and procedures for the program;
(C) standards for mileage reporting mechanisms for an owner or lessee of an
alternative fuel vehicle to report mileage as part of participation in the program;
(D) standards for program functions for mileage recording, payment processing,
account management, and other similar aspects of the program;
(E) contractual terms between an owner or lessee of an alternative fuel vehicle owner
and an account manager for participation in the program;
(F) contractual terms between the department and an account manager, including
authority for an account manager to enforce the terms of the program;
(G) procedures to provide security and protection of personal information and data
connected to the program, and penalties for account managers for violating privacy protection
rules;
(H) penalty procedures for a program participant's failure to pay a road usage charge or
tampering with a device necessary for the program; and
(I) department oversight of an account manager, including privacy protection of
personal information and access and auditing capability of financial and other records related to
administration of the program; and
(ii) may make rules to establish:
(A) an enrollment cap for certain alternative fuel vehicle types to participate in the
program;
(B) a process for collection of an unpaid road usage charge or penalty; or
(C) integration of the program with other similar programs, such as tolling.
(b) The department shall make recommendations to and consult with the commission
regarding road usage mileage rates for each type of alternative fuel vehicle.
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
consistent with this section, the commission shall, after consultation with the department, make
rules to establish the road usage charge mileage rate for each type of alternative fuel vehicle.
(7) Revenue generated by the road usage charge program and relevant penalties shall
be deposited into the Road Usage Charge Program Special Revenue Fund.
(8) (a) The department may:
(i) (A) impose a penalty for failure to timely pay a road usage charge according to the
terms of the program or tampering with a device necessary for the program; and
(B) request that the Division of Motor Vehicles place a hold on the registration of the
owner's or lessee's alternative fuel vehicle for failure to pay a road usage charge according to
the terms of the program;
(ii) send correspondence to the owner of an alternative fuel vehicle to inform the owner
or lessee of:
(A) the road usage charge program, implementation, and procedures;
(B) an unpaid road usage charge and the amount of the road usage charge to be paid to
the department;
(C) the penalty for failure to pay a road usage charge within the time period described
in Subsection (8)(a)(iii); and
(D) a hold being placed on the owner's or lessee's registration for the alternative fuel
vehicle, if the road usage charge and penalty are not paid within the time period described in
Subsection (8)(a)(iii), which would prevent the renewal of the alternative fuel vehicle's
registration; and
(iii) require that the owner or lessee of the alternative fuel vehicle pay the road usage
charge to the department within 30 days of the date when the department sends written notice
of the road usage charge to the owner or lessee.
(b) The department shall send the correspondence and notice described in Subsection
(8)(a) to the owner of the alternative fuel vehicle according to the terms of the program.
(9) (a) The Division of Motor Vehicles and the department shall share and provide
access to information pertaining to an alternative fuel vehicle and participation in the program
including:
(i) registration and ownership information pertaining to an alternative fuel vehicle;
(ii) information regarding the failure of an alternative fuel vehicle owner or lessee to
pay a road usage charge or penalty imposed under this section within the time period described
in Subsection (8)(a)(iii); and
(iii) the status of a request for a hold on the registration of an alternative fuel vehicle.
(b) If the department requests a hold on the registration in accordance with this section,
the Division of Motor Vehicles may not renew the registration of a motor vehicle under Title
41, Chapter 1a, Part 2, Registration, until the department withdraws the hold request.
(10) The owner of an alternative fuel vehicle may apply for enrollment in the program
or withdraw from the program according to the terms established by the department pursuant to
rules made under Subsection (5).
(11) If enrolled in the program, the owner or lessee of an alternative fuel vehicle shall:
(a) report mileage driven as required by the department pursuant to Subsection (5);
(b) pay the road usage fee for each payment period as set by the department and the
commission pursuant to Subsections (5) and (6); and
(c) comply with all other provisions of this section and other requirements of the
program.
[
(12) (a) On or before June 1, 2021, and except for the vehicles excluded in Subsection
(12)(b), the department shall submit to a legislative committee designated by the Legislative
Management Committee a written plan to enroll all vehicles registered in the state in the
program by December 31, 2031.
]
[
(b) The plan described in Subsection (12)(a) may exclude authorized carriers
described in Subsection 
59-12-102
(17)(a).
]
[
(c) Beginning in 2021, on or before October 1 of each year, the department shall
submit annually an electronic report recommending strategies to expand enrollment in the
program to meet the deadline provided in Subsection (12)(a).
]
[
(13)
] 
(12)
 Beginning in 2021, the department shall submit annually, on or before
October 1, to the [
legislative committee that receives the report described in Subsection
(12)(a)
] 
Transportation Interim Committee
, an electronic report that:
(a) states for the preceding fiscal year:
(i) the amount of revenue collected from the program;
(ii) the participation rate in the program; and
(iii) the department's costs to administer the program; and
(b) provides for the current fiscal year, an estimate of:
(i) the revenue that will be collected from the program;
(ii) the participation rate in the program; and
(iii) the department's costs to administer the program.
Section 20. Section 
72-1-213.2
 is amended to read:
72-1-213.2.
Road Usage Charge Program Special Revenue Fund -- Revenue.
(1) There is created a special revenue fund within the Transportation Fund known as
the "Road Usage Charge Program Special Revenue Fund."
(2) 
(a)
 The fund shall be funded from the following sources:
[
(a)
] 
(i)
 revenue collected by the department under Section 
72-1-213.1
;
[
(b)
] 
(ii)
 appropriations made to the fund by the Legislature;
[
(c)
] 
(iii)
 contributions from other public and private sources for deposit into the fund;
[
(d)
] 
(iv)
 interest earnings on cash balances; and
[
(e)
] 
(v)
 money collected for repayments and interest on fund money.
(b) If the revenue derived from the sources described in Subsection (2)(a) is
insufficient to cover the costs of administering the road usage charge program, subject to
Subsection 
72-2-107
(1), the department may transfer into the fund revenue deposited into the
Transportation Fund from the fee described in Subsections 
41-1a-1206
(1)(h) and (2)(b) in an
amount sufficient to enable the department to administer the road usage charge program.
(3) (a) Revenue generated by the road usage charge program and relevant penalties
shall be deposited into the Road Usage Charge Program Special Revenue Fund.
(b) Revenue in the Road Usage Charge Program Special Revenue Fund is nonlapsing.
(4) Upon appropriation by the Legislature, the department may use revenue deposited
into the Road Usage Charge Program Special Revenue Fund:
(a) to cover the costs of administering the program; and
(b) for state transportation purposes.
Section 21. Section 
72-2-121
 is amended to read:
72-2-121.
County of the First Class Highway Projects Fund.
(1) There is created a special revenue fund within the Transportation Fund known as
the "County of the First Class Highway Projects Fund."
(2) The fund consists of money generated from the following revenue sources:
(a) any voluntary contributions received for new construction, major renovations, and
improvements to highways within a county of the first class;
(b) the portion of the sales and use tax described in Subsection 
59-12-2214
(3)(b)
deposited into or transferred to the fund;
(c) the portion of the sales and use tax described in Section 
59-12-2217
 deposited into
or transferred to the fund; and
(d) a portion of the local option highway construction and transportation corridor
preservation fee imposed in a county of the first class under Section 
41-1a-1222
 deposited into
or transferred to the fund.
(3) (a) The fund shall earn interest.
(b) All interest earned on fund money shall be deposited into the fund.
(4) The executive director shall use the fund money only:
(a) to pay debt service and bond issuance costs for bonds issued under Sections
63B-16-102
, 
63B-18-402
, and 
63B-27-102
;
(b) for right-of-way acquisition, new construction, major renovations, and
improvements to highways within a county of the first class and to pay any debt service and
bond issuance costs related to those projects, including improvements to a highway located
within a municipality in a county of the first class where the municipality is located within the
boundaries of more than a single county;
(c) for the construction, acquisition, use, maintenance, or operation of:
(i) an active transportation facility for nonmotorized vehicles;
(ii) multimodal transportation that connects an origin with a destination; or
(iii) a facility that may include a:
(A) pedestrian or nonmotorized vehicle trail;
(B) nonmotorized vehicle storage facility;
(C) pedestrian or vehicle bridge; or
(D) vehicle parking lot or parking structure; 
(d) to transfer to the 2010 Salt Lake County Revenue Bond Sinking Fund created by
Section 
72-2-121.3
 the amount required in Subsection 
72-2-121.3
(4)(c) minus the amounts
transferred in accordance with Subsection 
72-2-124
(4)(a)(iv);
(e) for a fiscal year beginning on or after July 1, 2013, to pay debt service and bond
issuance costs for $30,000,000 of the bonds issued under Section 
63B-18-401
 for the projects
described in Subsection 
63B-18-401
(4)(a);
(f) for a fiscal year beginning on or after July 1, 2013, and after the department has
verified that the amount required under Subsection 
72-2-121.3
(4)(c) is available in the fund, to
transfer an amount equal to 50% of the revenue generated by the local option highway
construction and transportation corridor preservation fee imposed under Section 
41-1a-1222
 in
a county of the first class:
(i) to the legislative body of a county of the first class; and
(ii) to be used by a county of the first class for:
(A) highway construction, reconstruction, or maintenance projects; or
(B) the enforcement of state motor vehicle and traffic laws;
[
(g) for fiscal year 2015-16 only, and after the department has verified that the amount
required under Subsection 
72-2-121.3
(4)(c) is available in the fund and the transfer under
Subsection (4)(e) has been made, to transfer an amount equal to $25,000,000:
]
[
(i) to the legislative body of a county of the first class; and
]
[
(ii) to be used by the county for the purposes described in this section;
]
[
(h)
] 
(g)
 for a fiscal year beginning on or after July 1, 2015, after the department has
verified that the amount required under Subsection 
72-2-121.3
(4)(c) is available in the fund
and the transfer under Subsection (4)(e) has been made, to annually transfer an amount of the
sales and use tax revenue imposed in a county of the first class and deposited into the fund in
accordance with Subsection 
59-12-2214
(3)(b) equal to an amount needed to cover the debt to:
(i) the appropriate debt service or sinking fund for the repayment of bonds issued under
Section 
63B-27-102
; 
and
[
(ii) the Transportation Fund created in Section 
72-2-102
 until $28,079,000 has been
deposited into the Transportation Fund; and
]
[
(iii)
] 
(ii)
 the appropriate debt service or sinking fund for the repayment of bonds
issued under Sections 
63B-31-102
 and 
63B-31-103
;
[
(i)
] 
(h)
 after the department has verified that the amount required under Subsection
72-2-121.3
(4)(c) is available in the fund and after the transfer under Subsection (4)(d), the
payment under Subsection (4)(e), and the [
transfers under Subsections (4)(h)(i) and (ii) have
]
transfer under Subsection (4)(g)(i) has
 been made, to annually transfer $2,000,000 to a public
transit district in a county of the first class to fund a system for public transit;
[
(j)
] 
(i)
 for a fiscal year beginning on or after July 1, 2018, after the department has
verified that the amount required under Subsection 
72-2-121.3
(4)(c) is available in the fund
and after the transfer under Subsection (4)(d), the payment under Subsection (4)(e), and the
[
transfers under Subsections (4)(h)(i) and (ii) have
] 
transfer under Subsection (4)(g)(i) has
 been
made, to annually transfer 20% of the amount deposited into the fund under Subsection (2)(b):
(i) to the legislative body of a county of the first class; and
(ii) to fund parking facilities in a county of the first class that facilitate significant
economic development and recreation and tourism within the state;
[
(k)
] 
(j)
 for the 2018-19 fiscal year only, after the department has verified that the
amount required under Subsection 
72-2-121.3
(4)(c) is available in the fund and after the
transfer under Subsection (4)(d), the payment under Subsection (4)(e), and the transfers under
Subsections [
(4)(h), (i), and (j)
] 
(4)(g), (h), and (i)
 have been made, to transfer $12,000,000 to
the department to distribute for the following projects:
(i) $2,000,000 to West Valley City for highway improvement to 4100 South;
(ii) $1,000,000 to Herriman for highway improvements to Herriman Boulevard from
6800 West to 7300 West;
(iii) $1,100,000 to South Jordan for highway improvements to Grandville Avenue;
(iv) $1,800,000 to Riverton for highway improvements to Old Liberty Way from 13400
South to 13200 South;
(v) $1,000,000 to Murray City for highway improvements to 5600 South from State
Street to Van Winkle;
(vi) $1,000,000 to Draper for highway improvements to Lone Peak Parkway from
11400 South to 12300 South;
(vii) $1,000,000 to Sandy City for right-of-way acquisition for Monroe Street;
(viii) $900,000 to South Jordan City for right-of-way acquisition and improvements to
10200 South from 2700 West to 3200 West;
(ix) $1,000,000 to West Jordan for highway improvements to 8600 South near
Mountain View Corridor;
(x) $700,000 to South Jordan right-of-way improvements to 10550 South; and
(xi) $500,000 to Salt Lake County for highway improvements to 2650 South from
7200 West to 8000 West; 
and
[
(l) subject to Subsection (5), for the 2020-2021 fiscal year only, after the department
has verified that the amount required under Subsection 
72-2-121.3
(4)(c) is available in the fund
and after the transfer under Subsection (4)(d), the payment under Subsection (4)(e), and the
transfers under Subsections (4)(h), (i), and (j) have been made, to transfer the following
amounts to the following cities:
]
[
(i) $2,600,000 to South Salt Lake City;
]
[
(ii) $1,100,000 to Salt Lake City;
]
[
(iii) $1,100,000 to West Valley City;
]
[
(iv) $1,000,000 to Millcreek;
]
[
(v) $700,000 to Sandy;
]
[
(vi) $700,000 to West Jordan;
]
[
(vii) $500,000 to Murray;
]
[
(viii) $500,000 to South Jordan; and
]
[
(ix) $500,000 to Taylorsville; and
]
[
(m)
] 
(k)
 subject to Subsection (5), for a fiscal year beginning on or after July 1, 2021,
and for 15 years thereafter, to annually transfer the following amounts to the following cities,
metro townships, and the county of the first class for priority projects to mitigate congestion
and improve transportation safety:
[
(i) $1,100,000 to Salt Lake City;
]
[
(ii) $1,100,000 to Sandy;
]
[
(iii) $1,100,000 to Taylorsville;
]
(i) $2,000,000 to Sandy;
(ii) $2,000,000 to Taylorsville;
(iii) $1,100,000 to Salt Lake City;
(iv) $1,100,000 to West Jordan;
(v) $1,100,000 to West Valley City;
(vi) $800,000 to Herriman;
(vii) $700,000 to Draper;
(viii) $700,000 to Riverton;
(ix) $700,000 to South Jordan;
(x) $500,000 to Bluffdale;
[
(x)
] 
(xi)
 $500,000 to Midvale;
[
(xi)
] 
(xii)
 $500,000 to Millcreek;
[
(xii)
] 
(xiii)
 $500,000 to Murray;
[
(xiii)
] 
(xiv)
 $400,000 to Cottonwood Heights; and
[
(xiv)
] 
(xv)
 $300,000 to Holladay.
(5) (a) If revenue in the fund is insufficient to satisfy all of the transfers described in
Subsection (4)(m), the executive director shall proportionately reduce the amounts transferred
as described in Subsection [
(4)(m)
] 
(4)(k)
.
(b) A local government entity, as that term is defined in Section 
63J-1-220
, is exempt
from entering into an agreement as described in Section 
63J-1-220
 pertaining to the receipt or
expenditure of any funding described in Subsection [
(4)(l) or (m)
] 
(4)(k)
.
(c) A local government may not use revenue described in [
Subsections (4)(l) and (m)
]
Subsection (4)(k)
 to supplant existing class B or class C road funds that a local government has
budgeted for transportation projects.
(d) (i) A municipality or county that received a transfer of funds described in
Subsection [
(4)(k)
] 
(4)(j)
 shall submit to the department a statement of cash flow and progress
pertaining to the municipality's or county's respective project described in Subsection [
(4)(k)
]
(4)(j)
.
(ii) After the department is satisfied that the municipality or county described in
Subsection [
(4)(k)
] 
(4)(j)
 has made substantial progress and the expenditure of funds is
programmed and imminent, the department may transfer to the same municipality or county the
respective amounts described in [
Subsections (4)(l) and (m)
] 
Subsection (4)(k)
.
(6) The revenues described in Subsections (2)(b), (c), and (d) that are deposited into the
fund and bond proceeds from bonds issued under Sections 
63B-16-102
, 
63B-18-402
, and
63B-27-102
 are considered a local matching contribution for the purposes described under
Section 
72-2-123
.
(7) The additional administrative costs of the department to administer this fund shall
be paid from money in the fund.
(8) Notwithstanding any statutory or other restrictions on the use or expenditure of the
revenue sources deposited into this fund, the Department of Transportation may use the money
in this fund for any of the purposes detailed in Subsection (4).
[
(9) (a) For a fiscal year beginning on or after July 1, 2018, at the end of each fiscal
year, after all programmed payments and transfers authorized or required under this section
have been made, on November 30 the department shall transfer the remainder of the money in
the fund to the Transportation Fund to reduce the amount owed to the Transportation Fund
under Subsection (4)(h)(ii).
]
[
(b) The department shall provide notice to a county of the first class of the amount
transferred in accordance with this Subsection (9).
]
[
(10)
] 
(9)
 (a) Any revenue in the fund that is not specifically allocated and obligated
under Subsections (4) through (8) is subject to the review process described in this Subsection
[
(10)
] 
(9)
.
(b) A county of the first class shall create a county transportation advisory committee
as described in Subsection [
(10)
] 
(9)
(c) to review proposed transportation and, as applicable,
public transit projects and rank projects for allocation of funds.
(c) The county transportation advisory committee described in Subsection [
(10)
] 
(9)
(b)
shall be composed of the following 13 members:
(i) six members who are residents of the county, nominated by the county executive
and confirmed by the county legislative body who are:
(A) members of a local advisory council of a large public transit district as defined in
Section 
17B-2a-802
;
(B) county council members; or
(C) other residents with expertise in transportation planning and funding; and
(ii) seven members nominated by the county executive, and confirmed by the county
legislative body, chosen from mayors or managers of cities or towns within the county.
(d) (i) A majority of the members of the county transportation advisory committee
constitutes a quorum.
(ii) The action by a quorum of the county transportation advisory committee constitutes
an action by the county transportation advisory committee.
(e) The county body shall determine:
(i) the length of a term of a member of the county transportation advisory committee;
(ii) procedures and requirements for removing a member of the county transportation
advisory committee;
(iii) voting requirements of the county transportation advisory committee;
(iv) chairs or other officers of the county transportation advisory committee;
(v) how meetings are to be called and the frequency of meetings, but not less than once
annually; and
(vi) the compensation, if any, of members of the county transportation advisory
committee.
(f) The county shall establish by ordinance criteria for prioritization and ranking of
projects, which may include consideration of regional and countywide economic development
impacts, including improved local access to:
(i) employment;
(ii) recreation;
(iii) commerce; and
(iv) residential areas.
(g) The county transportation advisory committee shall evaluate and rank each
proposed public transit project and regionally significant transportation facility according to
criteria developed pursuant to Subsection [
(10)
] 
(9)
(f).
(h) (i) After the review and ranking of each project as described in this section, the
county transportation advisory committee shall provide a report and recommend the ranked list
of projects to the county legislative body and county executive.
(ii) After review of the recommended list of projects, as part of the county budgetary
process, the county executive shall review the list of projects and may include in the proposed
budget the proposed projects for allocation, as funds are available.
(i) The county executive of the county of the first class, with information provided by
the county and relevant state entities, shall provide a report annually to the county
transportation advisory committee, and to the mayor or manager of each city, town, or metro
township in the county, including the following:
(i) the amount of revenue received into the fund during the past year;
(ii) any funds available for allocation;
(iii) funds obligated for debt service; and
(iv) the outstanding balance of transportation-related debt.
[
(11)
] 
(10)
 As resources allow, the department shall study in 2020 transportation
connectivity in the southwest valley of Salt Lake County, including the feasibility of
connecting major east-west corridors to U-111.
Section 22. Section 
72-2-124
 is amended to read:
72-2-124.
Transportation Investment Fund of 2005.
(1) There is created a capital projects fund entitled the Transportation Investment Fund
of 2005.
(2) The fund consists of money generated from the following sources:
(a) any voluntary contributions received for the maintenance, construction,
reconstruction, or renovation of state and federal highways;
(b) appropriations made to the fund by the Legislature;
(c) registration fees designated under Section 
41-1a-1201
;
(d) the sales and use tax revenues deposited into the fund in accordance with Section
59-12-103
; and
(e) revenues transferred to the fund in accordance with Section 
72-2-106
.
(3) (a) The fund shall earn interest.
(b) All interest earned on fund money shall be deposited into the fund.
(4) (a) Except as provided in Subsection (4)(b), the executive director may only use
fund money to pay:
(i) the costs of maintenance, construction, reconstruction, or renovation to state and
federal highways prioritized by the Transportation Commission through the prioritization
process for new transportation capacity projects adopted under Section 
72-1-304
;
(ii) the costs of maintenance, construction, reconstruction, or renovation to the highway
projects described in Subsections 
63B-18-401
(2), (3), and (4);
(iii) principal, interest, and issuance costs of bonds authorized by Section 
63B-18-401
minus the costs paid from the County of the First Class Highway Projects Fund in accordance
with Subsection 
72-2-121
(4)(e);
(iv) for a fiscal year beginning on or after July 1, 2013, to transfer to the 2010 Salt
Lake County Revenue Bond Sinking Fund created by Section 
72-2-121.3
 the amount certified
by Salt Lake County in accordance with Subsection 
72-2-121.3
(4)(c) as necessary to pay the
debt service on $30,000,000 of the revenue bonds issued by Salt Lake County;
(v) principal, interest, and issuance costs of bonds authorized by Section 
63B-16-101
for projects prioritized in accordance with Section 
72-2-125
;
(vi) all highway general obligation bonds that are intended to be paid from revenues in
the Centennial Highway Fund created by Section 
72-2-118
;
(vii) for fiscal year 2015-16 only, to transfer $25,000,000 to the County of the First
Class Highway Projects Fund created in Section 
72-2-121
 to be used for the purposes described
in Section 
72-2-121
;
(viii) if a political subdivision provides a contribution equal to or greater than 40% of
the costs needed for construction, reconstruction, or renovation of paved pedestrian or paved
nonmotorized transportation for projects that:
(A) mitigate traffic congestion on the state highway system;
(B) are part of an active transportation plan approved by the department; and
(C) are prioritized by the commission through the prioritization process for new
transportation capacity projects adopted under Section 
72-1-304
;
(ix) $705,000,000 for the costs of right-of-way acquisition, construction,
reconstruction, or renovation of or improvement to the following projects:
(A) the connector road between Main Street and 1600 North in the city of Vineyard;
(B) Geneva Road from University Parkway to 1800 South;
(C) the SR-97 interchange at 5600 South on I-15;
(D) two lanes on U-111 from Herriman Parkway to 11800 South;
(E) widening I-15 between mileposts 10 and 13 and the interchange at milepost 11;
(F) improvements to 1600 North in Orem from 1200 West to State Street;
(G) widening I-15 between mileposts 6 and 8;
(H) widening 1600 South from Main Street in the city of Spanish Fork to SR-51;
(I) widening US 6 from Sheep Creek to Mill Fork between mileposts 195 and 197 in
Spanish Fork Canyon;
(J) I-15 northbound between mileposts 43 and 56;
(K) a passing lane on SR-132 between mileposts 41.1 and 43.7 between mileposts 43
and 45.1;
(L) east Zion SR-9 improvements;
(M) Toquerville Parkway;
(N) an environmental study on Foothill Boulevard in the city of Saratoga Springs; 
(O) 
using funds allocated in this Subsection (4)(a)(ix), and other sources of funds,
 for
construction of an interchange on Bangerter Highway at 13400 South; and
(P) an environmental impact study for Kimball Junction in Summit County; and
(x) $28,000,000 as pass-through funds, to be distributed as necessary to pay project
costs based upon a statement of cash flow that the local jurisdiction where the project is located
provides to the department demonstrating the need for money for the project, for the following
projects in the following amounts:
(A) $5,000,000 for Payson Main Street repair and replacement;
(B) $8,000,000 for a Bluffdale 14600 South railroad bypass;
(C) $5,000,000 for improvements to 4700 South in Taylorsville; and
(D) $10,000,000 for improvements to the west side frontage roads adjacent to U.S. 40
between mile markers 7 and 10.
(b) The executive director may use fund money to exchange for an equal or greater
amount of federal transportation funds to be used as provided in Subsection (4)(a).
(5) (a) Except as provided in Subsection (5)(b), the executive director may not program
fund money to a project prioritized by the commission under Section 
72-1-304
, including fund
money from the Transit Transportation Investment Fund, within the boundaries of a
municipality that is required to adopt a moderate income housing plan element as part of the
municipality's general plan as described in Subsection 
10-9a-401
(3), if the municipality has
failed to adopt a moderate income housing plan element as part of the municipality's general
plan or has failed to implement the requirements of the moderate income housing plan as
determined by the results of the Department of Workforce Service's review of the annual
moderate income housing report described in Subsection 
35A-8-803
(1)(a)(vii).
(b) Within the boundaries of a municipality that is required under Subsection
10-9a-401
(3) to plan for moderate income housing growth but has failed to adopt a moderate
income housing plan element as part of the municipality's general plan or has failed to
implement the requirements of the moderate income housing plan as determined by the results
of the Department of Workforce Service's review of the annual moderate income housing
report described in Subsection 
35A-8-803
(1)(a)(vii), the executive director:
(i) may program fund money in accordance with Subsection (4)(a) for a limited-access
facility or interchange connecting limited-access facilities;
(ii) may not program fund money for the construction, reconstruction, or renovation of
an interchange on a limited-access facility;
(iii) may program Transit Transportation Investment Fund money for a
multi-community fixed guideway public transportation project; and
(iv) may not program Transit Transportation Investment Fund money for the
construction, reconstruction, or renovation of a station that is part of a fixed guideway public
transportation project.
(c) Subsections (5)(a) and (b) do not apply to a project programmed by the executive
director before May 1, 2020, for projects prioritized by the commission under Section
72-1-304
.
(6) (a) Except as provided in Subsection (6)(b), the executive director may not program
fund money to a project prioritized by the commission under Section 
72-1-304
, including fund
money from the Transit Transportation Investment Fund, within the boundaries of the
unincorporated area of a county, if the county is required to adopt a moderate income housing
plan element as part of the county's general plan as described in Subsection 
17-27a-401
(3) and
if the county has failed to adopt a moderate income housing plan element as part of the county's
general plan or has failed to implement the requirements of the moderate income housing plan
as determined by the results of the Department of Workforce Service's review of the annual
moderate income housing report described in Subsection 
35A-8-803
(1)(a)(vii).
(b) Within the boundaries of the unincorporated area of a county where the county is
required under Subsection 
17-27a-401
(3) to plan for moderate income housing growth but has
failed to adopt a moderate income housing plan element as part of the county's general plan or
has failed to implement the requirements of the moderate income housing plan as determined
by the results of the Department of Workforce Service's review of the annual moderate income
housing report described in Subsection 
35A-8-803
(1)(a)(vii), the executive director:
(i) may program fund money in accordance with Subsection (4)(a) for a limited-access
facility to a project prioritized by the commission under Section 
72-1-304
;
(ii) may not program fund money for the construction, reconstruction, or renovation of
an interchange on a limited-access facility;
(iii) may program Transit Transportation Investment Fund money for a
multi-community fixed guideway public transportation project; and
(iv) may not program Transit Transportation Investment Fund money for the
construction, reconstruction, or renovation of a station that is part of a fixed guideway public
transportation project.
(c) Subsections (5)(a) and (b) do not apply to a project programmed by the executive
director before July 1, 2020, for projects prioritized by the commission under Section
72-1-304
.
(7) (a) Before bonds authorized by Section 
63B-18-401
 or 
63B-27-101
 may be issued
in any fiscal year, the department and the commission shall appear before the Executive
Appropriations Committee of the Legislature and present the amount of bond proceeds that the
department needs to provide funding for the projects identified in Subsections 
63B-18-401
(2),
(3), and (4) or Subsection 
63B-27-101
(2) for the current or next fiscal year.
(b) The Executive Appropriations Committee of the Legislature shall review and
comment on the amount of bond proceeds needed to fund the projects.
(8) The Division of Finance shall, from money deposited into the fund, transfer the
amount of funds necessary to pay principal, interest, and issuance costs of bonds authorized by
Section 
63B-18-401
 or 
63B-27-101
 in the current fiscal year to the appropriate debt service or
sinking fund.
(9) (a) There is created in the Transportation Investment Fund of 2005 the Transit
Transportation Investment Fund.
(b) The fund shall be funded by:
(i) contributions deposited into the fund in accordance with Section 
59-12-103
;
(ii) appropriations into the account by the Legislature;
(iii) deposits of sales and use tax increment related to a housing and transit
reinvestment zone as described in Section 
63N-3-610
;
(iv) private contributions; and
(v) donations or grants from public or private entities.
(c) (i) The fund shall earn interest.
(ii) All interest earned on fund money shall be deposited into the fund.
(d) Subject to Subsection (9)(e), the Legislature may appropriate money from the fund
for public transit capital development of new capacity projects to be used as prioritized by the
commission through the prioritization process adopted under Section 
72-1-304
.
(e) (i) The Legislature may only appropriate money from the fund for a public transit
capital development project or pedestrian or nonmotorized transportation project that provides
connection to the public transit system if the public transit district or political subdivision
provides funds of equal to or greater than 40% of the costs needed for the project.
(ii) A public transit district or political subdivision may use money derived from a loan
granted pursuant to Title 72, Chapter 2, Part 2, State Infrastructure Bank Fund, to provide all or
part of the 40% requirement described in Subsection (9)(e)(i) if:
(A) the loan is approved by the commission as required in Title 72, Chapter 2, Part 2,
State Infrastructure Bank Fund; and
(B) the proposed capital project has been prioritized by the commission pursuant to
Section 
72-1-303
.
(10) (a) There is created in the Transportation Investment Fund of 2005 the
Cottonwood Canyons Transportation Investment Fund.
(b) The fund shall be funded by:
(i) money deposited into the fund in accordance with Section 
59-12-103
;
(ii) appropriations into the account by the Legislature;
(iii) private contributions; and
(iv) donations or grants from public or private entities.
(c) (i) The fund shall earn interest.
(ii) All interest earned on fund money shall be deposited into the fund.
(d) The Legislature may appropriate money from the fund for public transit or
transportation projects in the Cottonwood Canyons of Salt Lake County.
Section 23. Section 
72-5-309
 is amended to read:
72-5-309.
Acceptance of rights-of-way -- Notice of acknowledgment required.
(1) The governor or the governor's designee may assess whether the grant of the R.S.
2477 has been accepted with regard to any right-of-way so as to vest title of the right-of-way in
the state and the applicable political subdivision as provided for in Section 
72-5-103
.
(2) If the governor or governor's designee concludes that the grant has been accepted as
to any right-of-way, the governor or a designee shall issue a notice of acknowledgment of the
acceptance of the R.S. 2477 grant as to that right-of-way.
(3) A notice of acknowledgment of the R.S. 2477 grant shall include:
(a) a statement of reasons for the acknowledgment;
(b) a general description of the right-of-way or rights-of-way subject to the notice of
acknowledgment, including the county in which it is located, and notice of where a center-line
description derived from Global Positioning System data may be viewed or obtained;
(c) a statement that the owner of the servient estate in the land over which the
right-of-way or rights-of-way subject to the notice runs or any person with a competing
dominant estate ownership claim may file a petition with the district court for a decision
regarding the correctness or incorrectness of the acknowledgment; and
(d) a statement of the time limit provided in Section 
72-5-310
 for filing a petition.
(4) (a) (i) The governor or the governor's designee may record a notice of
acknowledgment, and any supporting affidavit, map, or other document purporting to establish
or affect the state's property interest in the right-of-way or rights-of-way, in the office of the
county recorder in the county where the right-of-way or rights-of-way exist.
(ii) (A) A notice of acknowledgment recorded in the county recorder's office is not
required to be accompanied by a paper copy of the center-line description.
(B) A paper copy of each center-line description together with the notice of
acknowledgment shall be placed in the state archives created in Section 
63A-12-101
 and made
available to the public upon request in accordance with Title 63G, Chapter 2, Government
Records Access and Management Act.
(C) An electronic copy of the center-line description identified in a notice of
acknowledgment shall be available upon request at:
(I) the county recorder's office; or
(II) the Utah Geospatial Resource Center created in Section [
63F-1-506
] 
63A-16-505
.
(b) A notice of acknowledgment recorded in the county recorder's office is conclusive
evidence of acceptance of the R.S. 2477 grant upon:
(i) expiration of the 60-day period for filing a petition under Section 
72-5-310
 without
the filing of a petition; or
(ii) a final court decision that the notice of acknowledgment was not incorrect.
Section 24. Section 
72-5-403
 is amended to read:
72-5-403.
Transportation corridor preservation powers.
(1) The department, counties, and municipalities may:
(a) act in cooperation with one another and other government entities to promote
planning for and enhance the preservation of transportation corridors and to more effectively
use the money available in the Marda Dillree Corridor Preservation Fund created in Section
72-2-117
;
(b) undertake transportation corridor planning, review, and preservation processes; and
(c) acquire fee simple rights and other rights of less than fee simple, including
easement and development rights, or the rights to limit development, including rights in
alternative transportation corridors, and to make these acquisitions up to a projected 30 years in
advance of using those rights in actual transportation facility construction.
(2) In addition to the powers described under Subsection (1), counties and
municipalities may:
(a) limit development for transportation corridor preservation by land use regulation
and by official maps; and
(b) by ordinance prescribe procedures for approving limited development in
transportation corridors until the time transportation facility construction begins.
(3) (a) The department shall identify and the commission shall approve transportation
corridors as high priority transportation corridors for transportation corridor preservation.
(b) The department shall notify a county or municipality if the county or municipality
has land within its boundaries that is located within the boundaries of a high priority
transportation corridor.
(c) The department may, on a voluntary basis, acquire private property rights within the
boundaries of a high priority transportation corridor for which a notification has been received
in accordance with Section [
10-9a-509
 or 
17-27a-508
] 
10-9a-206
 or 
17-27a-206
.
Section 25. 
Repealer.
This bill repeals:
Section 
72-1-213
,
Road usage charge study -- Recommendations.
Section 26. 
Appropriation.
The Legislature has reviewed the following proprietary funds. Under the terms and
conditions of Utah Code 
63J-1-410
, for any included Internal Service Fund, the Legislature
approves budgets, full-time permanent positions, and capital acquisition amounts as indicated,
and appropriates to the funds, as indicated, estimated revenue from rates, fees, and other
charges. The Legislature authorizes the State Division of Finance to transfer amounts between
funds and accounts as indicated.
ITEM 1
To the Office of the Attorney General - Internal Service Fund - Attorney General
From Dedicated Credits Revenue
$192,000
Schedule of Programs:
Criminal Division $192,000
Budgeted FTE 1.0
The Legislature intends that the Office of the Attorney General use the appropriation
under this item to provide prosecution of Title 41, Chapter 3, Motor Vehicle Business
Regulation Act.
Section 27. 
Effective date.
(1) Except as provided in Subsections (2) and (3), this bill takes effect on May 4, 2022.
(2) If approved by two-thirds of all the members elected to each house, the
amendments to Section 
41-1a-201
 take effect upon approval by the governor, or the day
following the constitutional time limit of Utah Constitution, Article VII, Section 8, without the
governor's signature, or in the case of a veto, the date of veto override.
(3) The amendments to Sections 
41-1a-226
, 
41-1a-1201
, 
41-1a-1206
, and 
41-6a-1642
in this bill take effect on January 1, 2023.