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39
10-20-305
17-79-306
41-1a-102
41-1a-123
41-1a-402
41-1a-403
41-1a-418
41-1a-419
41-1a-1211
41-1a-1601
41-1a-1603
41-1a-1604
41-1a-1605
41-1a-1606
41-1a-1608
41-1a-1611
41-1a-1612
41-6a-702
53-3-207
53-3-805
72-1-201
72-1-213.1
72-1-219
72-2-107
72-2-117.5
72-6-121
0
Transportation Modifications
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kay J. Christofferson
Senate Sponsor: Wayne A. Harper
LONG TITLE
General Description:
This bill amends license plate provisions, repeals the clean vehicle program, amends
distribution frequency for class B and class C road funding, and amends provisions related to
local corridor preservation fund administration.
Highlighted Provisions:
This bill:
amends provisions related to local jurisdiction over real property as pertaining to
commuter rail property;
repeals the clean vehicle program;
defines terms related to license plates;
changes the process for the design and issuance of standard license plates;
amends the process for redesign of standard license plate options;
amends provisions related to the visibility and readability of license plates, including
replacement of faded license plates;
changes the process for creation of a new special group license plate and eligibility of the
sponsor;
requires the Motor Vehicle Division to establish certain service fees related to license
plate administration;
provides a process to transfer control and revenue related to special group license plates;
amends the design and approval process for special group license plates;
amends provisions related to the design review board, including duties and membership;
amends provisions related to the State Tax Commission's contract with a license plate
designer;
requires driver license and identification card designs to be approved by the design
review board;
amends certain duties of the Department of Transportation;
amends rates related to the road usage charge program;
enacts provisions related to privileged information pertaining to rail road safety
responsibilities and coordination;
provides flexibility in distribution frequency of class B and class C road funding;
directs local corridor preservation funds to go directly to the relevant local government
instead of passing through the Transportation Fund;
modifies certain uses for local corridor preservation funds; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
10-20-305
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2025,
First Special Session, Chapter 15
17-79-306
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2025,
First Special Session, Chapter 14
41-1a-102
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 285
41-1a-402
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 279
41-1a-403
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapter 251
41-1a-418
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 247
41-1a-419
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 247
41-1a-1211
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapter 251
41-1a-1601
Effective
07/01/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 9
41-1a-1603
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 247
41-1a-1604
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapter 251
41-1a-1605
Effective
07/01/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 9
41-1a-1606
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 247
41-1a-1608
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 247
41-6a-702
Effective
05/06/26
, as last amended by Laws of Utah 2020, Chapter 74
53-3-207
Effective
05/06/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 9
53-3-805
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 471
72-1-201
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapters 393, 452
72-1-213.1
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 452
72-2-107
Effective
05/06/26
, as last amended by Laws of Utah 2023, Chapter 22
72-2-117.5
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 373
ENACTS:
41-1a-1611
Effective
07/01/26
, Utah Code Annotated 1953
41-1a-1612
Effective
07/01/26
, Utah Code Annotated 1953
72-1-219
Effective
05/06/26
, Utah Code Annotated 1953
REPEALS:
41-1a-123
Effective
05/06/26
, as enacted by Laws of Utah 2023, Chapter 212
72-6-121
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapter 517
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
10-20-305
is amended to read:
10-20-305
Effective
05/06/26
. State and federal property.
(1)
As used in this section:
(a)
"Commuter rail" means the same as that term is defined in Section
63N-3-602
.
(b)
(i)
"Commuter rail facility" means a parking facility or maintenance facility
related to commuter rail.
(ii)
"Commuter rail facility" does not include the rail or a station platform.
(2)
Unless otherwise provided by law, nothing contained in this chapter or
Chapter 21
,
Municipalities and Housing Supply, may be construed as giving a municipality
jurisdiction over
:
(a)
real
property
or an interest in real property
owned by the state or the United States
.
;
or
(b)
except as provided by Subsection
(3)
, other real property necessary for the
construction of a commuter rail project for which the Department of Transportation
has oversight and supervision.
(3)
Upon completion of a commuter rail project described in Subsection
(2)
, including any
performance of work related to warranties and latent defects, a municipality retains the
jurisdiction and land use authority provided by law over the completed commuter rail
facilities.
Section 2. Section
17-79-306
is amended to read:
17-79-306
Effective
05/06/26
. State and federal property.
(1)
As used in this section:
(a)
"Commuter rail" means the same as that term is defined in Section
63N-3-602
.
(b)
(i)
"Commuter rail facility" means a parking facility or maintenance facility
related to commuter rail.
(ii)
"Commuter rail facility" does not include the rail or a station platform.
(2)
Unless otherwise provided by law, nothing contained in this chapter or
Chapter 80
,
Counties and Housing Supply, may be construed as giving a county jurisdiction over
:
(a)
real
property
or an interest in real property
owned by the state or the United States
.
;
or
(b)
except as provided by Subsection
(3)
, other real property necessary for the
construction of a commuter rail project for which the Department of Transportation
has oversight and supervision.
(3)
Upon completion of a commuter rail project described in Subsection
(2)
, including any
performance of work related to warranties and latent defects, a county retains the
jurisdiction and land use authority provided by law over the completed commuter rail
facilities.
Section 3. Section
41-1a-102
is amended to read:
41-1a-102
Effective
07/01/26
. Definitions.
As used in this chapter:
(1)
"Actual miles" means the actual distance a vehicle has traveled while in operation.
(2)
"Actual weight" means the actual unladen weight of a vehicle or combination of
vehicles as operated and certified to by a weighmaster.
(3)
"All-terrain type I vehicle" means the same as that term is defined in Section
41-22-2
.
(4)
"All-terrain type II vehicle" means the same as that term is defined in Section
41-22-2
.
(5)
"All-terrain type III vehicle" means the same as that term is defined in Section
41-22-2
.
(6)
"Alternative fuel vehicle" means:
(a)
an electric motor vehicle;
(b)
a hybrid electric motor vehicle;
(c)
a plug-in hybrid electric motor vehicle; or
(d)
a motor vehicle powered exclusively by a fuel other than:
(i)
motor fuel;
(ii)
diesel fuel;
(iii)
natural gas; or
(iv)
propane.
(7)
"Amateur radio operator" means a person licensed by the Federal Communications
Commission to engage in private and experimental two-way radio operation on the
amateur band radio frequencies.
(8)
"Autocycle" means the same as that term is defined in Section
53-3-102
.
(9)
"Automated driving system" means the same as that term is defined in Section
41-26-102.1
.
(10)
"Branded title" means a title certificate that is labeled:
(a)
rebuilt and restored to operation;
(b)
flooded and restored to operation; or
(c)
not restored to operation.
(11)
"Camper" means a structure designed, used, and maintained primarily to be mounted
on or affixed to a motor vehicle that contains a floor and is designed to provide a mobile
dwelling, sleeping place, commercial space, or facilities for human habitation or for
camping.
(12)
"Certificate of title" means a document issued by a jurisdiction to establish a record of
ownership between an identified owner and the described vehicle, vessel, or outboard
motor.
(13)
"Certified scale weigh ticket" means a weigh ticket that has been issued by a
weighmaster.
(14)
"Commercial vehicle" means a motor vehicle, trailer, or semitrailer used or maintained
for the transportation of persons or property that operates:
(a)
as a carrier for hire, compensation, or profit; or
(b)
as a carrier to transport the vehicle owner's goods or property in furtherance of the
owner's commercial enterprise.
(15)
"Commission" means the State Tax Commission.
(16)
"Consumer price index" means the same as that term is defined in Section
59-13-102
.
(17)
"Dealer" means a person engaged or licensed to engage in the business of buying,
selling, or exchanging new or used vehicles, vessels, or outboard motors either outright
or on conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an
established place of business for the sale, lease, trade, or display of vehicles, vessels, or
outboard motors.
(18)
"Design review board" means the design review board created in Section
41-1a-1611
.
(18)
(19)
"Diesel fuel" means the same as that term is defined in Section
59-13-102
.
(19)
(20)
"Division" means the Motor Vehicle Division of the commission, created in
Section
41-1a-106
.
(20)
(21)
"Dynamic driving task" means the same as that term is defined in Section
41-26-102.1
.
(21)
(22)
"Electric motor vehicle" means a motor vehicle that is powered solely by an
electric motor drawing current from a rechargeable energy storage system.
(22)
(23)
"Essential parts" means the integral and body parts of a vehicle of a type required
to be registered in this state, the removal, alteration, or substitution of which would tend
to conceal the identity of the vehicle or substantially alter the vehicle's appearance,
model, type, or mode of operation.
(23)
(24)
"Farm tractor" means a motor vehicle designed and used primarily as a farm
implement for drawing plows, mowing machines, and other implements of husbandry.
(24)
(25)
(a)
"Farm truck" means a truck used by the owner or operator of a farm solely
for the owner's or operator's own use in the transportation of:
(i)
farm products, including livestock and its products, poultry and its products,
floricultural and horticultural products;
(ii)
farm supplies, including tile, fence, and any other thing or commodity used in
agricultural, floricultural, horticultural, livestock, and poultry production; and
(iii)
livestock, poultry, and other animals and things used for breeding, feeding, or
other purposes connected with the operation of a farm.
(b)
"Farm truck" does not include the operation of trucks by commercial processors of
agricultural products.
(25)
(26)
"Fleet" means:
(a)
one or more commercial vehicles; or
(b)
for purposes of Section
41-1a-215
, one or more personal vehicles.
(26)
(27)
"Foreign vehicle" means a vehicle of a type required to be registered, brought
into this state from another state, territory, or country other than in the ordinary course
of business by or through a manufacturer or dealer, and not registered in this state.
(27)
(28)
"Gross laden weight" means the actual weight of a vehicle or combination of
vehicles, equipped for operation, to which shall be added the maximum load to be
carried.
(28)
(29)
"Highway" or "street" means the entire width between property lines of every
way or place of whatever nature when any part of it is open to the public, as a matter of
right, for purposes of vehicular traffic.
(29)
(30)
"Hybrid electric motor vehicle" means a motor vehicle that draws propulsion
energy from onboard sources of stored energy that are both:
(a)
an internal combustion engine or heat engine using consumable fuel; and
(b)
a rechargeable energy storage system where energy for the storage system comes
solely from sources onboard the vehicle.
(30)
(31)
(a)
"Identification number" means the identifying number assigned by the
manufacturer or by the division for the purpose of identifying the vehicle, vessel, or
outboard motor.
(b)
"Identification number" includes a vehicle identification number, state assigned
identification number, hull identification number, and motor serial number.
(31)
(32)
"Implement of husbandry" means a vehicle designed or adapted and used
exclusively for an agricultural operation and only incidentally operated or moved upon
the highways.
(32)
(33)
(a)
"In-state miles" means the total number of miles operated in this state
during the preceding year by fleet power units.
(b)
If a fleet is composed entirely of trailers or semitrailers, "in-state miles" means the
total number of miles that those vehicles were towed on Utah highways during the
preceding year.
(33)
(34)
"Interstate vehicle" means a commercial vehicle operated in more than one state,
province, territory, or possession of the United States or foreign country.
(34)
(35)
"Jurisdiction" means a state, district, province, political subdivision, territory, or
possession of the United States or any foreign country.
(35)
(36)
"Lienholder" means a person with a security interest in particular property.
(36)
(37)
"Manufactured home" means a transportable factory built housing unit
constructed on or after June 15, 1976, according to the Federal Home Construction and
Safety Standards Act of 1974 (HUD Code), in one or more sections, which, in the
traveling mode, is eight body feet or more in width or 40 body feet or more in length, or
when erected on site, is 400 or more square feet, and which is built on a permanent
chassis and designed to be used as a dwelling with or without a permanent foundation
when connected to the required utilities, and includes the plumbing, heating,
air-conditioning, and electrical systems.
(37)
(38)
"Manufacturer" means a person engaged in the business of constructing,
manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or
outboard motors for the purpose of sale or trade.
(38)
(39)
"Military vehicle" means a vehicle of any size or weight that was manufactured
for use by armed forces and that is maintained in a condition that represents the vehicle's
military design and markings regardless of current ownership or use.
(39)
(40)
"Mobile home" means a transportable factory built housing unit built
prior to
before
June 15, 1976, in accordance with a state mobile home code which existed
prior
to
before
the Federal Manufactured Housing and Safety Standards Act (HUD Code).
(40)
(41)
"Motor fuel" means the same as that term is defined in Section
59-13-102
.
(41)
(42)
(a)
"Motor vehicle" means a self-propelled vehicle intended primarily for use
and operation on the highways.
(b)
"Motor vehicle" includes a roadable aircraft and a street-legal all-terrain vehicle.
(c)
"Motor vehicle" does not include:
(i)
an off-highway vehicle; or
(ii)
a motor assisted scooter as defined in Section
41-6a-102
.
(42)
(43)
"Motorboat" means the same as that term is defined in Section
73-18c-102
.
(43)
(44)
"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.
(44)
(45)
"Natural gas" means a fuel of which the primary constituent is methane.
(45)
(46)
(a)
"Nonresident" means a person who is not a resident of this state as defined
by Section
41-1a-202
, and who does not engage in intrastate business within this
state and does not operate in that business any motor vehicle, trailer, or semitrailer
within this state.
(b)
A person who engages in intrastate business within this state and operates in that
business any motor vehicle, trailer, or semitrailer in this state or who, even though
engaging in interstate commerce, maintains a vehicle in this state as the home station
of that vehicle is considered a resident of this state, insofar as that vehicle is
concerned in administering this chapter.
(46)
(47)
"Odometer" means a device for measuring and recording the actual distance a
vehicle travels while in operation, but does not include any auxiliary odometer designed
to be periodically reset.
(47)
(48)
"Off-highway implement of husbandry" means the same as that term is defined
in Section
41-22-2
.
(48)
(49)
"Off-highway vehicle" means the same as that term is defined in Section
41-22-2
.
(49)
(50)
(a)
"Operate" means:
(i)
to navigate a vessel; or
(ii)
collectively, the activities performed in order to perform the entire dynamic
driving task for a given motor vehicle by:
(A)
a human driver as defined in Section
41-26-102.1
; or
(B)
an engaged automated driving system.
(b)
"Operate" includes testing of an automated driving system.
(50)
(51)
"Original issue license plate" means a license plate that is of a format and type
issued by the state in the same year as the model year of a vehicle that is a model year
1973 or older.
(51)
(52)
"Outboard motor" means a detachable self-contained propulsion unit, excluding
fuel supply, used to propel a vessel.
(52)
(53)
(a)
"Owner" means a person, other than a lienholder, holding title to a vehicle,
vessel, or outboard motor whether
or not
the vehicle, vessel, or outboard motor is
subject to a security interest.
(b)
If a vehicle is the subject of an agreement for the conditional sale or installment sale
or mortgage of the vehicle with the right of purchase upon performance of the
conditions stated in the agreement and with an immediate right of possession vested
in the conditional vendee or mortgagor, or if the vehicle is the subject of a security
agreement, then the conditional vendee, mortgagor, or debtor is considered the owner
for the purposes of this chapter.
(c)
If a vehicle is the subject of an agreement to lease, the lessor is considered the owner
until the lessee exercises the lessee's option to purchase the vehicle.
(53)
(54)
"Park model recreational vehicle" means a unit that:
(a)
is designed and marketed as temporary living quarters for recreational, camping,
travel, or seasonal use;
(b)
is not permanently affixed to real property for use as a permanent dwelling;
(c)
requires a special highway movement permit for transit; and
(d)
is built on a single chassis mounted on wheels with a gross trailer area not exceeding
400 square feet in the setup mode.
(54)
(55)
"Personal vehicle" means a vehicle that is not a commercial vehicle.
(55)
(56)
"Personalized license plate" means a license plate that has displayed on it a
combination of letters, numbers, or both as requested by the owner of the vehicle and
assigned to the vehicle by the division.
(56)
(57)
(a)
"Pickup truck" means a two-axle motor vehicle with motive power
manufactured, remanufactured, or materially altered to provide an open cargo area.
(b)
"Pickup truck" includes a motor vehicle with the open cargo area covered with a
camper, camper shell, tarp, removable top, or similar structure.
(57)
(58)
"Plug-in hybrid electric motor vehicle" means a hybrid electric motor vehicle
that has the capability to charge the battery or batteries used for vehicle propulsion from
an off-vehicle electric source, such that the off-vehicle source cannot be connected to the
vehicle while the vehicle is in motion.
(58)
(59)
"Pneumatic tire" means a tire in which compressed air is designed to support the
load.
(59)
(60)
"Preceding year" means a period of 12 consecutive months fixed by the division
that is within 16 months immediately preceding the commencement of the registration or
license year in which proportional registration is sought. The division in fixing the
period shall conform it to the terms, conditions, and requirements of any applicable
agreement or arrangement for the proportional registration of vehicles.
(60)
(61)
"Public garage" means a building or other place where vehicles or vessels are
kept and stored and where a charge is made for the storage and keeping of vehicles and
vessels.
(61)
(62)
"Receipt of surrender of ownership documents" means the receipt of surrender of
ownership documents described in Section
41-1a-503
.
(62)
(63)
"Reconstructed vehicle" means a vehicle of a type required to be registered in
this state that is materially altered from its original construction by the removal,
addition, or substitution of essential parts, new or used.
(63)
(64)
"Recreational vehicle" means the same as that term is defined in Section
13-14-102
.
(64)
(65)
"Registration" means a document issued by a jurisdiction that allows operation of
a vehicle or vessel on the highways or waters of this state for the time period for which
the registration is valid and that is evidence of compliance with the registration
requirements of the jurisdiction.
(65)
(66)
"Registration decal" means the decal issued by the division that is evidence of
compliance with the division's registration requirements.
(66)
(67)
(a)
"Registration year" means a 12 consecutive month period commencing
with the completion of the applicable registration criteria.
(b)
For administration of a multistate agreement for proportional registration the division
may prescribe a different 12-month period.
(67)
(68)
"Repair or replacement" means the restoration of vehicles, vessels, or outboard
motors to a sound working condition by substituting any inoperative part of the vehicle,
vessel, or outboard motor, or by correcting the inoperative part.
(68)
(69)
"Replica vehicle" means:
(a)
a street rod that meets the requirements under Subsection
41-21-1(3)(a)(i)(B)
; or
(b)
a custom vehicle that meets the requirements under Subsection
41-6a-1507(1)(a)(i)(B)
.
(70)
"Required contribution" means the same as that term is defined in Section
41-1a-1601
.
(69)
(71)
"Restored-modified vehicle" means a motor vehicle that has been restored and
modified with modern parts and technology, including emission control technology and
an on-board diagnostic system.
(70)
(72)
"Road tractor" means a motor vehicle designed and used for drawing other
vehicles and constructed so it does not carry any load either independently or any part of
the weight of a vehicle or load that is drawn.
(71)
(73)
"Roadable aircraft" means the same as that term is defined in Section
72-10-102
.
(72)
(74)
"Sailboat" means the same as that term is defined in Section
73-18-2
.
(73)
(75)
"Security interest" means an interest that is reserved or created by a security
agreement to secure the payment or performance of an obligation and that is valid
against third parties.
(74)
(76)
"Semitrailer" means the same as the term "trailer."
(75)
(77)
"Special group license plate" means a type of license plate designed for a
particular group of people or a license plate authorized and issued by the division in
accordance with Section
41-1a-418
or Part 16, Sponsored Special Group License Plates.
(78)
"Special group symbol" means the unique symbol that is designed to represent a
special group and displayed on a special group license plate.
(76)
(79)
(a)
"Special interest vehicle" means a vehicle used for general transportation
purposes and that is:
(i)
20 years or older from the current year; or
(ii)
a make or model of motor vehicle recognized by the division director as having
unique interest or historic value.
(b)
In making a determination under Subsection
(76)(a)
(79)(a)
, the division director
shall give special consideration to:
(i)
a make of motor vehicle that is no longer manufactured;
(ii)
a make or model of motor vehicle produced in limited or token quantities;
(iii)
a make or model of motor vehicle produced as an experimental vehicle or one
designed exclusively for educational purposes or museum display; or
(iv)
a motor vehicle of any age or make that has not been substantially altered or
modified from original specifications of the manufacturer and because of its
significance is being collected, preserved, restored, maintained, or operated by a
collector or hobbyist as a leisure pursuit.
(77)
(80)
(a)
"Special mobile equipment" means a vehicle:
(i)
not designed or used primarily for the transportation of persons or property;
(ii)
not designed to operate in traffic; and
(iii)
only incidentally operated or moved over the highways.
(b)
"Special mobile equipment" includes:
(i)
farm tractors;
(ii)
off-road motorized construction or maintenance equipment including backhoes,
bulldozers, compactors, graders, loaders, road rollers, tractors, and trenchers; and
(iii)
ditch-digging apparatus.
(c)
"Special mobile equipment" does not include a commercial vehicle as defined under
Section
72-9-102
.
(78)
(81)
"Specially constructed vehicle" means a vehicle of a type required to be
registered in this state, not originally constructed under a distinctive name, make, model,
or type by a generally recognized manufacturer of vehicles, and not materially altered
from its original construction.
(79)
(82)
(a)
"Standard license plate" means a license plate for general issue described
in Subsection
41-1a-402(1)
.
(b)
"Standard license plate" includes a license plate for general issue that the division
issues before January 1, 2024.
(80)
(83)
"State impound yard" means a yard for the storage of a vehicle, vessel, or
outboard motor that meets the requirements of rules made by the commission as
described in Subsection
41-1a-1101(7)
.
(81)
(84)
"Street-legal all-terrain vehicle" or "street-legal ATV" means the same as that
term is defined in Section
41-6a-102
.
(82)
"Symbol decal" means the decal that is designed to represent a special group and
displayed on a special group license plate.
(83)
(85)
"Title" means the right to or ownership of a vehicle, vessel, or outboard motor.
(84)
(86)
(a)
"Total fleet miles" means the total number of miles operated in all
jurisdictions during the preceding year by power units.
(b)
If fleets are composed entirely of trailers or semitrailers, "total fleet miles" means the
number of miles that those vehicles were towed on the highways of all jurisdictions
during the preceding year.
(85)
(87)
"Tow truck motor carrier" means the same as that term is defined in Section
72-9-102
.
(86)
(88)
"Tow truck operator" means the same as that term is defined in Section
72-9-102
.
(87)
(89)
"Trailer" means a vehicle:
(a)
without motive power; and
(b)
designed for:
(i)
carrying persons or property; and
(ii)
being drawn by a motor vehicle.
(88)
(90)
"Transferee" means a person to whom the ownership of property is conveyed by
sale, gift, or any other means except by the creation of a security interest.
(89)
(91)
"Transferor" means a person who transfers the person's ownership in property by
sale, gift, or any other means except by creation of a security interest.
(90)
(92)
"Travel trailer," "camping trailer," or "fifth wheel trailer" means a portable
vehicle without motive power, designed as a temporary dwelling for travel, recreational,
or vacation use that does not require a special highway movement permit when drawn
by a self-propelled motor vehicle.
(91)
(93)
"Truck tractor" means a motor vehicle designed and used primarily for drawing
other vehicles and not constructed to carry a load other than a part of the weight of the
vehicle and load that is drawn.
(92)
(94)
"Vehicle" includes a motor vehicle, trailer, semitrailer, off-highway vehicle,
camper, park model recreational vehicle, manufactured home, and mobile home.
(93)
(95)
"Vessel" means the same as that term is defined in Section
73-18-2
.
(94)
(96)
"Vintage vehicle" means the same as that term is defined in Section
41-21-1
.
(95)
(97)
"Waters of this state" means the same as that term is defined in Section
73-18-2
.
(96)
(98)
"Weighmaster" means a person, association of persons, or corporation permitted
to weigh vehicles under this chapter.
Section 4. Section
41-1a-402
is amended to read:
41-1a-402
Effective
07/01/26
. Standard license plates -- Required colors,
numerals, and letters -- Expiration.
(1)
(a)
Upon registering a vehicle, the division shall issue to the owner a standard license
plate described in Subsection
(1)(b)
unless the division issues to the owner:
(i)
a special group license plate in accordance with Section
41-1a-418
; or
(ii)
an apportioned vehicle license plate in accordance with Section
41-1a-301
.
(b)
The division may offer up to four standard license plate options at one time, each
with a different design as follows:
(i)
two designs that incorporate one or more elements that represent the state's
economy or geography;
(ii)
one design that represents the state's values or culture; and
(iii)
one design that commemorates a current event relevant to the state or a
significant anniversary of a historic event relevant to the state.
(c)
The division shall offer:
(i)
each design described in Subsection
(1)(b)(i)
or
(ii)
for at least a 10-year period;
and
(ii)
each design described in Subsection
(1)(b)(iii)
for no more than a five-year period.
(d)
The division may not offer more than four standard license plate designs at any one
time.
(2)
Before the division may offer a design described in Subsection (1)(b), the division shall:
(a)
consult with the Utah Department of Cultural and Community Engagement
regarding the proposed design;
(b)
identify which current standard license plate design will be replaced by the
proposed design; and
(c)
submit the proposed design to the commission.
(3)
(a)
If the commission receives a submission for a proposed design of a standard
license plate as described in Subsection (2)(c), or a sponsored special group license
plate as described in Section
41-1a-419
and Part 16, Sponsored Special Group
License Plates, the commission shall notify:
(i)
the governor;
(ii)
the speaker of the House of Representatives; and
(iii)
the president of the Senate.
(b)
After receiving a notification described in Subsection (3)(a):
(i)
the governor shall appoint an individual to the license plate design review board
described in Subsection (3)(c);
(ii)
the speaker of the House of Representatives shall appoint a member of the House
of Representatives to the license plate design review board described in
Subsection (3)(c); and
(iii)
the president of the Senate shall appoint a member of the Senate to the license
plate design review board described in Subsection (3)(c).
(c)
(i)
The license plate design review board, comprised of the members appointed
as described in Subsection (3)(b), shall review proposed license plate designs.
(ii)
The member of the license plate design review board appointed by the governor
shall serve as chair and convene the license plate design review board.
(iii)
The license plate design review board shall:
(A)
review each proposed license plate design; and
(B)
vote whether to approve or reject the proposed license plate design.
(iv)
If all three members of the license plate design review board are not present, the
license plate design review board may not consider or vote on a proposed license
plate design.
(v)
The license plate design review board shall notify the commission and the
division regarding the results of the vote to approve each proposed license plate
design.
(d)
The license plate design review board is not subject to Title 52, Chapter 4, Open and
Public Meetings Act.
(e)
If the license plate design review board approves a proposed license plate design,
the division may begin the processes necessary for production and distribution of the
license plate.
(2)
(a)
The Governor's Office of Economic Opportunity may:
(i)
propose a design change to a standard license plate described in Subsection
(1)(b)
;
or
(ii)
accept a proposal from the public to change the design of a standard license plate
described in Subsection
(1)(b)
.
(b)
As part of the proposal to change a standard license plate, the Governor's Office of
Economic Opportunity shall determine which license plate a proposed design change
would replace.
(3)
The Governor's Office of Economic Opportunity shall submit the proposal described in
Subsection
(2)
to the design review board.
(4)
If the design review board receives a proposal as described in Subsection
(3)
, the design
review board shall:
(a)
consult with the designer regarding compliance with license plate design and format
standards described in Section
41-1a-1612
;
(b)
vote whether to approve or reject the proposed license plate design; and
(c)
notify the commission and the division regarding the results of the vote to approve or
reject the proposed license plate design.
(4)
(5)
(a)
Except as provided in Subsection
(4)(b)
(5)(b)
, the division may not order or
produce a standard license plate that is discontinued under this section.
(b)
The division may issue a discontinued standard license plate until the division
exhausts the discontinued standard license plate's remaining stock.
(5)
(6)
(a)
Each license plate shall have displayed on it:
(i)
the registration number assigned to the vehicle for which the license plate is issued;
(ii)
the name of the state; and
(iii)
unless exempted by Section
41-1a-301
or
41-1a-407
, a registration decal
showing the date of expiration displayed in accordance with Subsection
(8)
(9)
.
(b)
No later than July 1, 2025, each
A
license plate:
(i)
shall have an embossed edge around the perimeter of the plate; and
(ii)
may not have embossed registration numbers or characters.
(6)
(7)
If registration is extended by affixing a registration decal to the license plate, the
expiration date of the registration decal governs the expiration date of the license plate.
(7)
(8)
(a)
(i)
Except as provided under Subsection
(7)(b)
(8)(c)
, Subsection
41-1a-215(2)
, Subsection
41-1a-215.5(2)
, and Section
41-1a-216
, a license plate
shall be renewed annually.
(ii)
(A)
The division shall issue the vehicle owner a month registration decal and a
year registration decal upon the vehicle's first registration with the division.
(B)
The division shall issue the vehicle owner only a year registration decal upon
subsequent renewals of registration to validate registration renewal.
(b)
Beginning on January 1, 2025, the
The
division shall issue one registration decal
displaying both the month and year.
(c)
For a vehicle registered for a 24-month period as provided in Section
41-1a-215.5
,
the division may issue two 12-month decals for the 24-month registration period.
(8)
(9)
(a)
Except as otherwise provided in Subsection
(8)(b)
(9)(b)
and by rule:
(i)
the month registration decal issued in accordance with Subsection
(7)
(8)
shall be
displayed on the license plate in the left position; and
(ii)
the year registration decal issued in accordance with Subsection
(7)
(8)
shall be
displayed on the license plate in the right position.
(b)
Beginning on January 1, 2025, the
The
registration decal shall be displayed on the
upper right position.
(9)
(10)
The current year registration decal issued in accordance with Subsection
(7)
(8)
shall be placed over or in place of the previous year registration decal.
(10)
(11)
If a license plate or registration decal is lost or destroyed, a replacement shall be
issued upon application and payment of the fees required under Section
41-1a-1211
or
41-1a-1212
.
(11)
(12)
(a)
A violation of this section is an infraction.
(b)
A court shall waive a fine for a violation under this section if:
(i)
the registration for the vehicle was current at the time of the citation; and
(ii)
the person to whom the citation was issued provides, within 21 business days,
evidence that the license plate and registration decal are properly displayed in
compliance with this section.
(12)
(13)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the division may make rules regarding the placement and positioning of registration
decal on a license plate issued by the division.
Section 5. Section
41-1a-403
is amended to read:
41-1a-403
Effective
07/01/26
. Plates to be legible from 100 feet -- Damaged
plates.
(1)
License plates and the required letters and numerals on them, except the registration
decal and the slogan, shall be of sufficient size to be plainly readable from a distance of
100 feet during daylight.
(2)
An individual may not attach to or over a license plate:
(a)
a license plate cover; or
(b)
a license plate frame
that obscures or blocks the readability of the license plate
number or registration decal on a license plate
that covers:
(i)
the name of the state;
(ii)
a number or letter that is part of the license plate number; or
(iii)
a registration decal on the license plate
.
(3)
(a)
An individual shall ensure that the license plate displayed on the individual's
vehicle is in good repair and has not faded, peeled, or discolored in such a manner to
render the plate illegible.
(b)
Except as provided in Subsection
(3)(c)
, upon payment of the replacement fee
described in Subsection
41-1a-1211(6)
, an individual may request a replacement
license plate.
(c)
(i)
If the division determines that the fading, peeling, or discoloration of a license
plate is due to a manufacturing defect, the division shall waive the replacement fee
described in Subsection
41-1a-1211(6)
.
(ii)
If a license plate that is five years old or older is fading, peeling, or discolored,
there is a presumption that the fading, peeling, or discoloring is not due to a
manufacturing defect.
(d)
Unless an individual applies for a personalized license plate and pays the required
fees to obtain a personalized license plate to match the license plate to be replaced as
described in this Subsection
(3)
, the division shall issue a replacement license plate
with a new and unique license plate number.
(3)
(4)
A violation of this section is an infraction.
Section 6. Section
41-1a-418
is amended to read:
41-1a-418
Effective
07/01/26
. Authorized special group license plates.
(1)
In accordance with this chapter, the division shall issue to an eligible applicant a special
group license plate in one of the following categories:
(a)
a disability special group license plate issued in accordance with Section
41-1a-420
;
(b)
a special group license plate issued for a:
(i)
vintage vehicle;
(ii)
farm truck; or
(iii)
special group license plate described in Section
41-1a-1602
.
(2)
The division may not issue a new type of special group license plate
or symbol decal
unless the division receives:
(a)
a private donation for the start-up fee established under Section
63J-1-504
for the
production and administrative costs of providing the new special group license plate
or symbol decal
; or
(b)
a legislative appropriation for the start-up fee described in Subsection
(2)(a)
.
(3)
Notwithstanding other provisions of this chapter, the division may not require a
contribution as defined in Section
41-1a-1601
for a special group license plate described
in Subsection
(1)(a)
, (1)(b)(i), or (1)(b)(ii).
Section 7. Section
41-1a-419
is amended to read:
41-1a-419
Effective
07/01/26
. Plate design and review -- Personalized special
group license plates -- Rulemaking.
(1)
(a)
In accordance with Subsection
(1)(c)
, and except as provided in Subsection
(1)(b)
,
the division shall determine the design and number of numerals or characters on a
special group license plate.
(b)
(i)
When the division has technology and processes in place to centrally distribute
license plates, but no later than July 1, 2025, subject to Subsection
(1)(c)(iii)
, an
institution may design a collegiate special group license plate for the institution in
accordance with Subsection
(1)(c)
.
(ii)
If an institution chooses to design a collegiate special group license plate for the
institution, the institution is responsible for any design costs.
(c)
(i)
Except as provided in Subsection
(1)(c)(ii)
, each special group license plate
shall display:
(A)
the word Utah;
(B)
the name or identifying slogan of the special group; and
(C)
the combination of letters, numbers, or both uniquely identifying the
registered vehicle.
(ii)
The division, in consultation with the Utah State Historical Society, shall design
the historical support special group license plate, which shall:
(A)
have a black background;
(B)
have white characters; and
(C)
display the word Utah.
(iii)
The division shall design a classic support special group license plate, which
shall:
(A)
have a white background;
(B)
have black characters; and
(C)
display the word Utah.
(iv)
The design of a special group license plate is subject to approval by the license
plate design review board as described in Subsection
41-1a-402(3)
.
(2)
(a)
The division shall, after consultation with a representative designated by the
sponsoring organization as defined in Section
41-1a-1601
, specify the word or words
comprising the special group name and the
symbol decal
special group symbol
to be
displayed upon the special group license plate.
(b)
A special group license plate
symbol decal
special group symbol
may not be
redesigned:
(i)
unless the division receives a redesign fee established by the division under
Section
63J-1-504
; and
(ii)
more frequently than every five years.
(c)
A special group license plate symbol decal may not be reordered unless the division
receives a symbol decal reorder fee established by the division in accordance with
Section
63J-1-504
.
(3)
The license plates issued for horseless carriages
prior to
before
July 1, 1992, are valid
without renewal as long as the vehicle is owned by the registered owner and the license
plates may not be recalled by the division.
(4)
A person who meets the requirements described in this part or Part 16, Sponsored
Special Group License Plates, for a special group license plate may, apply for a
personalized special group license plate in accordance with Sections
41-1a-410
and
41-1a-411
.
(5)
Subject to this chapter, the commission shall make rules in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, to:
(a)
establish qualifying criteria for persons to receive, renew, or surrender special group
license plates; and
(b)
establish the number of numerals or characters for special group license plates.
Section 8. Section
41-1a-1211
is amended to read:
41-1a-1211
Effective
07/01/26
. License plate fees -- Application fees for
issuance and renewal of personalized and special group license plates -- Replacement fee
for license plates -- Postage fees.
(1)
(a)
Except as provided in Subsections
(11)
, (12), and (13), a license plate fee
established in accordance with Section
63J-1-504
shall be paid to the division for the
issuance of any new license plate under Part 4, License Plates and Registration Indicia.
(b)
The license plate fee shall be deposited as follows:
(i)
beginning on January 1, 2025, $1 from the license plate fees, other than a license
plate fee for a motorcycle or trailer, into the Motor Vehicle Safety Impact
Restricted Account created in Section
53-8-214
;
(ii)
$1 into the Transportation Fund; and
(iii)
the remainder of the fee charged under Subsection
(1)(a)
into the License Plate
Restricted Account, as provided in Section
41-1a-1201
.
(2)
(a)
An applicant for original issuance of a personalized license plate issued under
Section
41-1a-410
shall pay a $50 per set license plate application fee in addition to
the fee required in Subsection
(1)
.
(b)
In addition to the fee described in Subsection
(2)(a)
, an applicant for original
issuance of a personalized license plate issued under Section
41-1a-410
shall pay a
$25 processing fee.
(c)
The fee described in Subsection
(2)(b)
shall be deposited into the License Plate
Restricted Account created in Section
41-1a-122
.
(3)
Beginning July 1, 2003, a person who applies for a special group license plate shall pay
a $5 fee for the original license plate in addition to the fee required under Subsection
(1)
.
(4)
An applicant for original issuance of a personalized special group license plate shall pay
the license plate application fees required in Subsection
(2)
in addition to the license
plate fees and license plate application fees established under Subsections
(1)
and
(3)
.
(5)
An applicant for renewal of a personalized license plate issued under Section
41-1a-410
shall pay a $10 per set application fee.
(6)
(a)
The division may charge a fee established under Section
63J-1-504
to recover the
costs for the replacement of any license plate issued under Part 4, License Plates and
Registration Indicia.
(b)
The license plate fee for the replacement of any license plate as described in
Subsection
(6)(a)
shall be deposited as follows:
(i)
beginning on January 1, 2025, $1 from the license plate fees, other than a license
plate fee for a motorcycle or trailer, into the Motor Vehicle Safety Impact
Restricted Account created in Section
53-8-214
;
(ii)
$1 into the Transportation Fund; and
(iii)
the remainder of the fee charged under Subsection
(6)(a)
into the License Plate
Restricted Account, as provided in Section
41-1a-1201
.
(7)
(a)
The division may charge a fee established under Section
63J-1-504
to recover
the division's costs for the replacement of a symbol decal issued under Section
41-1a-418
.
(b)
The fee described in Subsection
(7)(a)
shall be deposited into the License Plate
Restricted Account as described in Section
41-1a-1201
.
(8)
(7)
The division may charge a fee established under Section
63J-1-504
to recover the
cost of issuing stickers under Section
41-1a-416
.
(9)
(8)
In addition to any other fees required by this section, the division shall assess a fee
established under Section
63J-1-504
to cover postage expenses if a new or replacement
license plate is mailed to the applicant.
(10)
(9)
The fees required under this section are separate from and in addition to
registration fees required under Section
41-1a-1206
.
(11)
(10)
(a)
An applicant for a license plate issued under Section
41-1a-407
is not
subject to the license plate fee under Subsection
(1)
.
(b)
An applicant for a Purple Heart special group license plate issued on or before
December 31, 2023, or issued in accordance with Part 16, Sponsored Special Group
License Plates, is exempt from the fees under Subsections
(1)
, (3), and (7)
and (3)
.
(12)
(11)
A person is exempt from the fee under Subsection
(1)
or
(6)
if the person:
(a)
was issued a clean fuel special group license plate in accordance with Section
41-1a-418
prior to
before
the effective date of rules made by the Department of
Transportation under Subsection
41-6a-702(5)(b)
;
(b)
beginning on the effective date of rules made by the Department of Transportation
authorized under Subsection
41-6a-702(5)(b)
, is no longer eligible for a clean fuel
special group license plate under the rules made by the Department of
Transportation; and
(c)
upon renewal or reissuance, is required to replace the clean fuel special group license
plate with a new license plate.
(13)
(12)
An individual is exempt from the license plate fee under Subsection
(1)
if the
individual presents official documentation that the individual is a recipient of the Purple
Heart Award in one of the following forms:
(a)
official documentation issued by a recognized association representing peace officers
who:
(i)
receive a salary from a federal, state, county, or municipal government or any
other subdivision of the state; and
(ii)
work in the state;
(b)
a membership card in the Military Order of the Purple Heart; or
(c)
an original or certificate in lieu of the applicant's military discharge form, DD-214,
issued by the National Personnel Records Center.
Section 9. Section
41-1a-1601
is amended to read:
41-1a-1601
Effective
07/01/26
. Definitions.
As used in this part:
(1)
"Applicant" means a registered owner who submits an application to obtain or renew a
sponsored special group license plate in accordance with this part.
(2)
(a)
"Charitable purpose" means:
(i)
relief of the poor, the distressed, or the underprivileged;
(ii)
advancement of religion;
(iii)
advancement of education or science;
(iv)
erecting or maintaining a public building, monument, or work;
(v)
reducing the burdens of government;
(vi)
reducing neighborhood tensions;
(vii)
eliminating prejudice and discrimination;
(viii)
defending human rights and civil rights secured by law; or
(ix)
combating community deterioration and juvenile delinquency.
(b)
"Charitable purpose" does not include providing, encouraging, or paying for the
costs of obtaining an abortion.
(3)
"Collegiate special group license plate" means a sponsored special group license plate
issued to a contributor to an institution.
(4)
"Contributor" means an applicant who contributes the required contribution to a
sponsoring organization for a sponsored special group license plate.
(5)
"Corporate brand sponsored special group license plate" means a sponsored special
group license plate with a sponsoring organization that is a private business.
(6)
(a)
"Existing special group license plate" means a special group license plate that the
division issues before January 1, 2024.
(b)
"Existing special group license plate" does not include a special group license plate
described in Subsection
41-1a-418(1)(a)
or
(b)
.
(7)
"Existing state agency recognition special group license plate" means an existing special
group license plate issued to a registered owner who:
(a)
has a special license that supports or furthers a government purpose;
(b)
has received an honor that supports or furthers a government purpose;
(c)
has achieved an accomplishment that supports or furthers a government purpose; or
(d)
holds an elected office.
(8)
"Institution" means:
(a)
an institution of higher education as defined in Section
53H-1-101
; or
(b)
a private postsecondary educational institution as defined in Section
53H-1-101
.
(9)
"Major league sport" means the same as that term is defined in Section
11-70-101
.
(10)
(a)
"Private nonprofit organization" means a private nonprofit organization that:
(i)
qualifies as being tax exempt under Section 501(c)(3) of the Internal Revenue
Code; and
(ii)
has a charitable purpose.
(b)
"Private nonprofit organization" does not include an organization that provides,
encourages, or pays for the costs of obtaining an abortion.
(11)
"Private nonprofit special group license plate" means a sponsored special group license
plate issued to a contributor to a private nonprofit organization.
(12)
"Required contribution" means:
(a)
the minimum annual contribution amount established under Subsection
41-1a-1603(4)(a)(iii)
; or
(b)
if the sponsoring organization establishes a minimum annual contribution amount in
accordance with Subsection
41-1a-1603(4)(b)
that is greater than the minimum
required contribution amount established under Subsection
41-1a-1603(4)(a)(iii)
, the
amount the sponsoring organization establishes.
(12)
"Required contribution" means a contribution a person is required to pay to obtain a
special group license plate, which is equal to the sum of:
(a)
(i)
the minimum $25 annual contribution described in Subsection
41-1a-1603(4)(a)(iii)
for a support special group license plate; or
(ii)
if the sponsoring organization establishes a minimum annual contribution amount
in accordance with Subsection
41-1a-1603(4)(d)
that is greater than the minimum
required contribution amount established under Subsection
41-1a-1603(4)(a)(iii)
,
the amount the sponsoring organization establishes; and
(b)
for a special group license plate that has fewer than 250 subscribers, the service fee
described in Subsection
41-1a-1603(4)(a)(iv)
.
(13)
"Special group license plate" means:
(a)
a collegiate special group license plate;
(b)
a private nonprofit special group license plate;
(c)
a corporate brand sponsored special group license plate;
(d)
a major league sports team sponsored special group license plate;
(e)
a sponsored special group license plate;
(f)
a state agency recognition special group license plate; or
(g)
a state agency support special group license plate.
(14)
"Sponsored special group license plate" means a license plate:
(a)
designed for and associated with a sponsoring organization; and
(b)
issued to an applicant in accordance with this part.
(15)
"Sponsoring organization" means an institution, a private nonprofit organization, a
private business, or a state agency that is or seeks to be associated with a sponsored
special group license plate created under this part.
(16)
"State agency recognition special group license plate" means a sponsored special group
license plate issued to an applicant who:
(a)
has a special license that supports or furthers a government purpose;
(b)
has received an honor that supports or furthers a government purpose;
(c)
has achieved an accomplishment that supports or furthers a government purpose; or
(d)
holds an elected office.
(17)
(a)
"State agency support special group license plate" means:
(i)
a sponsored special group license plate issued to a contributor to a state agency to
support a specific state agency program; or
(ii)
an existing special group license plate issued for a special interest vehicle.
(b)
"State agency support special group license plate" includes a cancer support license
plate created by an act of the Legislature before December 31, 2022.
Section 10. Section
41-1a-1603
is amended to read:
41-1a-1603
Effective
07/01/26
. Application requirements -- Fees --
Contributions -- Rulemaking.
(1)
An applicant for a sponsored special group license plate shall submit to the division:
(a)
in a form and manner that the division prescribes, a complete application;
(b)
payment of the fee for the issuance of the sponsored special group license plate
established under Subsection
(4)(a)(i)
(4)(a)(i), and, if applicable, Subsection
(4)(a)(iv)
;
(c)
the required contribution for the sponsored special group license plate
, unless the
applicant previously paid the required contribution as part of a preorder application
described in Subsection (3)
; and
(d)
if the sponsoring organization elects to require verification as described in Section
41-1a-1604
, a verification form obtained from the sponsoring organization.
(2)
An applicant who owns a vehicle with the sponsoring organization's sponsored special
group license plate shall submit to the division the required contribution to renew the
sponsored special group license plate.
(3)
(a)
An applicant who wishes to obtain a new type of sponsored special group license
plate may preorder the new type of sponsored special group license plate by:
(i)
submitting to the sponsoring organization associated with the new type of
sponsored special group license plate a complete preorder form created by the
division; and
(ii)
making the required contribution to the sponsoring organization.
(b)
After the division approves the sponsoring organization's request for the new type
of sponsored special group license plate under Section
41-1a-1604
, an applicant
who
submitted a preorder in accordance with Subsection (3)(a)
may apply for the
sponsored special group license plate in accordance with Subsection
(1)
.
(4)
(a)
The division shall, in accordance with Section
63J-1-504
, establish:
(i)
the fee to charge an applicant for the division's costs of issuing or renewing a
sponsored special group license plate
or symbol decal
;
(ii)
the fee to charge a sponsoring organization for the division's costs of designing
and administering a new type of sponsored special group license plate, in
accordance with Subsection
41-1a-1604(2)(c)
;
and
(iii)
subject to Subsections
(4)(b)
(4)(a)(iv)
and (6), in an amount equal to at least
$25, the minimum annual contribution amount an applicant is required to make to
obtain or renew the sponsoring organization's sponsored special group license plate
.
; and
(iv)
for a sponsored special group license plate with fewer than 250 users a service
fee for the cost of issuance and administration of the sponsored special group
license plate.
(b)
A fee paid in accordance with
Subsection
(4)(a)(i)
Subsections
(4)(a)(i)
, (4)(a)(ii),
and (4)(a)(iv)
shall be deposited into the License Plate Restricted Account created in
Section
41-1a-122
.
(c)
A sponsoring organization may establish a required contribution amount for the
sponsoring organization's sponsored special group license plate that is greater than
the amount established by the division under Subsection
(4)(a)(ii)
(4)(a)(iii)
.
(5)
An applicant's
required
contribution is a voluntary contribution for funding the
sponsoring organization's activities and not a motor vehicle registration fee.
(6)
Beginning on July 1, 2025, an applicant's
voluntary
required
contribution
described in
Subsection
(4)(a)(iii)
for the historical support special group license plate described in
Section
41-1a-419
is $25 which the division shall allocate as follows:
(a)
$2 to the Utah State Historical Society as the sponsoring organization; and
(b)
$23 into the Transportation Investment Fund of 2005, created in Section
72-2-124
.
(7)
For a fiscal year beginning on July 1, 2025, only, the division shall transfer into the
General Fund $3,500,000 from the Sponsored Special Group License Plate Fund created
in Section
41-1a-1610
from funds generated by the historical support special group
license plate.
(8)
The division shall provide notice indicating the allocation of the voluntary
contributions described in Subsection (6) for the historical support special group license
plate as follows:
(a)
on or before July 1, 2025, on the division website; and
(b)
beginning on July 1, 2025, and until June 30, 2026, in any email notification of a
registrant's pending vehicle registration expiration described in Section
41-1a-203
.
(9)
(7)
An applicant for a historical support special group license plate for a vehicle that is
a vintage vehicle is not required to make the voluntary contribution to obtain the
historical support special group license plate.
(8)
(a)
A sponsoring organization may request:
(i)
to change the charitable purpose and recipient of the required contribution
revenue; or
(ii)
transfer control of the special group license plate to a different sponsoring
organization.
(b)
The commission may require a sponsoring organization that requests a change
described in Subsection
(8)(a)
to provide documentation to confirm that the
charitable purpose or new sponsoring organization qualifies as provided in this part.
(10)
(9)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the commission may make rules to establish and administer the sponsored special group
license plate program.
Section 11. Section
41-1a-1604
is amended to read:
41-1a-1604
Effective
07/01/26
. New sponsored special group license plates --
Eligibility criteria.
(1)
If a sponsoring organization satisfies the requirements of this part, the division shall
approve an application for a new type of sponsored special group license plate and issue
the sponsored special group license plate in accordance with this part.
(2)
Subject to the other provisions of this part, a sponsoring organization requesting a new
type of sponsored special group license plate shall submit to the division, in a form and
manner the division prescribes:
(a)
a complete application requesting the new type of sponsored special group license
plate that includes:
(i)
information about the sponsoring organization the division needs to process the
request;
(ii)
contact information for an individual representing the sponsoring organization;
(iii)
if the sponsoring organization establishes a required contribution amount under
Subsection 41-1a-1603(4)(b) that is greater than the minimum required
contribution amount established under Subsection 41-1a-1603(4)(a)(iii), the
amount of the required contribution;
(iv)
(iii)
account information to allow the division to disburse funds from required
contributions the division collects through the sponsored special group license
plate program to the sponsoring organization;
(v)
(iv)
a link to a functional website described in Subsection
(7)
(8)
; and
(vi)
(v)
if the sponsoring organization requires an applicant to submit a verification
form described in Subsection
(8)(b)(i)
(9)(b)(i)
, a statement indicating that a
verification form is required;
(b)
at least 500 complete preorder applications for the new type of sponsored special
group license plate, including verification that each preorder application included the
required contribution;
(c)
(b)
(i)
the fee
a service fee, established in accordance with Section
63J-1-504
,
for the cost of initiating the new type of sponsored special group license plate
established under Subsection 41-1a-1603(4)(a)(ii)
, which shall be deposited into
the License Plate Restricted Account created in Section
41-1a-122
;
and
(ii)
an additional
fee
service fee, established in accordance with Section
63J-1-504
,
for the cost of implementation
, design,
and system programming for the new
type of sponsored special group license plate, which shall be deposited into the
License Plate Restricted Account created in Section
41-1a-122
; and
(iii)
a service fee, established in accordance with Section
63J-1-504
, for the cost of
design processes and services of the designer described in Section
41-1a-1612
,
which shall be deposited into the License Plate Restricted Account created in
Section
41-1a-122
; and
(d)
(c)
if the new type of sponsored special group license plate is a private nonprofit
special group license plate:
(i)
a copy of the Internal Revenue Service letter approving the sponsoring
organization's Section 501(c)(3) status;
(ii)
an affidavit signed under penalty of perjury declaring that the sponsoring
organization has a charitable purpose; and
(iii)
an indication of the private nonprofit organization's charitable purpose.
(3)
(a)
If the division receives an application from a sponsoring organization as described
in Subsection
(2)
, the division shall maintain a list of persons expressing interest in
the new sponsored special group license plate.
(b)
To join the list described in Subsection
(3)(a)
, a person shall provide to the division:
(i)
(A)
the driver license number of the individual if the vehicle upon which the
person may display the license plate is owned by an individual; or
(B)
the tax identification number of the business entity if the vehicle upon which
the person may display the license plate is owned by a business entity;
(ii)
the vehicle identification number of the vehicle upon which the person may
display the license plate; and
(iii)
other information requested by the division.
(c)
A person expressing interest in a new sponsored special group license plate as
described in Subsection
(3)(b)
is not required to pay a fee or deposit to be included
on the list described in Subsection
(3)(b)
.
(d)
The division may not begin the design or other process to produce a new support
special group license plate until the list described in Subsection
(3)(b)
has at least 250
persons.
(e)
The division shall provide to the sponsoring entity the contact information of the
persons on the list described in this Subsection
(3)
.
(f)
For each application from a sponsoring organization for a new special group license
plate, the division may retain from money deposited into the Transportation Fund as
described in Subsection
41-1a-1211(1)(b)(ii)
an amount necessary to cover the
one-time administrative and programming costs for administering the list described
in this Subsection
(3)
.
(3)
(4)
If an application under Subsection
(2)
is for a special group license plate that was
discontinued in accordance with this part, each registered vehicle with the discontinued
special group license plate is considered a complete preorder application for the
purposes of Subsection
(2)(b)
.
(4)
(5)
The division:
(a)
may share data collected under Subsection
(2)(d)(iii)
(2)(c)(iii)
with the Legislature
and the state auditor;
(b)
may not use the information in Subsection
(2)(d)(iii)
(2)(c)(iii)
in deciding whether
to approve the sponsoring organization's application; and
(c)
is not required to evaluate the accuracy or veracity of information the private
nonprofit organization provides under Subsection
(2)(d)
(2)(c)
.
(5)
(6)
Except as otherwise provided in this part,
the division may not begin design work
on or issue a new type of sponsored special group license plate
unless the sponsoring
organization satisfies the requirements of
Subsection (2).
Subsections
(2)
and
(3)
, the
division may not begin design work on or issue a new type of special group license plate
or a redesign of a special group license plate.
(6)
(7)
A sponsoring organization that is a state agency may request a state agency
recognition special group license plate without meeting the minimum preorder
requirements of Subsection
(2)(b)
(3)
if:
(a)
the governor certifies that there is a legitimate government operations purpose for
issuing the state agency recognition special group license plate; and
(b)
through appropriation or any other source, funds are available to cover the start-up
and administrative costs of the state agency recognition special group license plate.
(7)
(8)
A sponsoring organization of a sponsored special group license plate issued in
accordance with this part shall maintain a functional website that:
(a)
explains how the sponsoring organization will use the required contributions in
accordance with this part;
(b)
if applicable, makes available the sponsoring organization's most recent Internal
Revenue Service Form 990; and
(c)
provides instructions for how to obtain a verification form if the sponsoring
organization elects to require verification in accordance with Subsection
(8)
(9)
.
(8)
(9)
(a)
A sponsoring organization may establish eligibility requirements for the
sponsoring organization's sponsored special group license plate.
(b)
If a sponsoring organization establishes eligibility requirements under this
subsection, the sponsoring organization shall:
(i)
inform the division that a verification form is required as part of an application for
the sponsoring organization's sponsored special group license plate;
(ii)
establish a process for providing a verification form to an applicant; and
(iii)
provide a verification form prescribed by the division to an applicant who
satisfies the sponsoring organization's eligibility requirements.
(9)
(10)
(a)
A sponsored special group license plate design is subject to approval by the
license plate
design review board as described in Subsection
41-1a-402(3)
.
(b)
Subject to approval by the
license plate
design review board as described in
Subsection
41-1a-402(3)
, the division shall begin issuing the new type of sponsored
special group license plate no later than six months after the day on which the
division receives the items
and fees
described in Subsection
(2)
.
(c)
A sponsoring organization may request consultation or design assistance from the
designer described in Section
41-1a-1612
.
(10)
(11)
The division may:
(a)
consider a request for a sponsored special group license plate for two or more
military branches as a request for a single type of sponsored special group license
plate for the purposes of meeting the eligibility criteria described in this section; and
(b)
charge an appropriate fee for ordering multiple
symbol decals
special group symbols
for each military branch.
(11)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may make rules to establish fees and the process for administering
applications for new sponsored special group license plates described in Subsection
(2)(c).
Section 12. Section
41-1a-1605
is amended to read:
41-1a-1605
Effective
07/01/26
. Collegiate special group license plates.
(1)
A sponsoring organization that is an institution may use funds received through the
sponsored special group license plate program only for:
(a)
the institution's academic scholarships; or
(b)
the institution's intercollegiate athletics program for compensation for a student
athlete's name, image, or likeness as described in Title
53H, Chapter 6, Part 2
,
Athletics.
(2)
(a)
An institution may sponsor a special group license plate for support of academic
scholarships and a special group license plate for intercollegiate athletics programs.
(b)
To create more than one sponsored special group license plate, an institution is only
required to comply with the application requirements described in Sections
41-1a-1603
and
41-1a-1604
one time.
(2)
(3)
The state auditor may audit each institution to verify that the money an institution
collects from contributors is used only for the uses described in Subsection
(1)
.
(3)
(4)
A sponsoring organization that is an institution may establish the contribution
amount required to obtain the institution's collegiate special group license plate.
Section 13. Section
41-1a-1606
is amended to read:
41-1a-1606
Effective
07/01/26
. Private nonprofit special group license plates --
Corporate brand sponsored special group license plates -- Major league sports team
sponsored special group license plates.
(1)
A sponsoring organization that is a private nonprofit organization:
(a)
shall only use funds received through the sponsored special group license plate
program for the charitable purpose described in the private nonprofit organization's
application submitted to the division under Section
41-1a-1603
; and
(b)
may not use funds received through the sponsored special group license plate
program to pay the private nonprofit organization's employee salaries or benefits,
administrative costs, or fundraising expenses.
(2)
A private nonprofit organization may collect a contributor's personal information for the
purposes of future fundraising and any required reporting, if the private nonprofit
organization requires a verification form described in Section
41-1a-1604
.
(3)
The voluntary contribution for a corporate brand sponsored special group license plate
shall be deposited into the Transportation Fund.
(4)
(a)
A major league sports team based in Utah may request a sponsored special group
license plate as provided in this part.
(b)
The sponsoring organization for a major league sports team sponsored special group
license plate may elect to use voluntary contributions for:
(i)
a charitable purpose; or
(ii)
a contribution to the Transportation Fund.
(c)
A sponsoring organization for a major league sports team sponsored special group
license plate that elects to use contribution funds for a charitable purpose:
(i)
shall only use funds received through the sponsored special group license plate
program for the charitable purpose of an entity registered under Section 501(c)(3)
of the Internal Revenue Code as described in the sponsoring organization's
application submitted to the division under Section
41-1a-1603
; and
(ii)
may not use funds received through the sponsored special group license plate
program to pay the private nonprofit organization's employee salaries or benefits,
administrative costs, or fundraising expenses.
(5)
The state auditor may audit each private nonprofit organization or major league sports
team sponsoring organization that elects to use funds for a charitable purpose to verify
that the money the private nonprofit organization collects from contributors is used for
the private nonprofit organization's charitable purpose in accordance with this part.
Section 14. Section
41-1a-1608
is amended to read:
41-1a-1608
Effective
07/01/26
. Review -- Discontinuance -- Consolidation --
Report.
(1)
The division shall annually review each sponsored special group license plate to
determine the number of registered vehicles with each type of sponsored special group
license plate during the
preceding
calendar year.
(2)
(a)
The division shall discontinue a type of sponsored special group license plate if
for
three
two
consecutive calendar years, the division's annual review shows that
fewer than
500
50
registered vehicles have that type of sponsored special group
license plate.
(b)
The division shall discontinue a sponsored special group license plate under
Subsection
(2)(a)
beginning
January 1 of the calendar year following the year of the
third annual review
90 days after the date on which the division completes the annual
review described in Subsection
(1)
.
(3)
If the division discontinues a type of sponsored special group license plate in
accordance with this section, the division may not reinstate the sponsored special group
license plate unless the sponsoring organization submits a request for the discontinued
sponsored special group license plate in the same manner as a request for a new type of
sponsored special group license plate under Section
41-1a-1604
.
(4)
(a)
A registered owner to whom the division issued an existing special group license
plate or a sponsored special group license plate that the division discontinues in
accordance with this section may continue to display the license plate upon renewing
the motor vehicle's registration.
(b)
A registered owner described in Subsection
(4)(a)
is not required to pay a required
contribution to the sponsoring organization associated with the sponsored special
group license plate.
(5)
The division may not transfer to a new registered owner a special group license plate
that is discontinued under this part.
(6)
Subsection
(2)
does not apply to a state agency recognition special group license plate
that is an existing special group license plate.
(7)
(6)
If two or more special group license plates collect required contributions that are
distributed to the same entity or fund, the sponsoring organization or organizations may
request to consolidate the license plate types for purposes of meeting the minimum
threshold described in this section.
(8)
(7)
On or before November 1 of each year, the State Tax Commission shall provide a
report to the Revenue and Taxation Interim Committee, including:
(a)
data on the amount of revenue allocated from each license plate issued under this
part;
(b)
the recipients of allocated revenue from each license plate, including the amount to
each recipient;
(c)
the number of each type of license plate in circulation; and
(d)
any other information or data the State Tax Commission finds to be relevant.
Section 15. Section
41-1a-1611
is enacted to read:
41-1a-1611
Effective
07/01/26
. Design review board -- Creation -- Duties.
(1)
As used in this section, "board" means the Design Review Board created in Subsection
(2)
.
(2)
There is created the Design Review Board.
(3)
The board consists of the following members:
(a)
one member appointed by the governor;
(b)
one member appointed by the speaker of the House of Representatives; and
(c)
one member appointed by the president of the Senate.
(4)
The member of the board appointed by the governor shall serve as chair of the board.
(5)
(a)
If all three members of the board are not present, the board may not consider or
vote on a proposed license plate design.
(b)
The board is not subject to Title 52, Chapter 4, Open and Public Meetings Act.
(6)
(a)
The board shall:
(i)
review each proposed license plate design;
(ii)
vote whether to approve or reject the proposed license plate design;
(iii)
consider a proposed license plate design for:
(A)
a standard license plate as described in Subsection
41-1a-402(4)
; and
(B)
a special group license plate;
(iv)
determine which standard license plate designs the division may offer each year
as described in Section
41-1a-402
; and
(v)
review and approve the design and format of:
(A)
driver license certificates, as described in Subsection
53-3-207(3)
; and
(B)
identification cards, as described in Subsection
53-3-805(3)
.
(b)
The design review board may not approve a license plate design if the license plate
design does not comply with the standards described in Subsection
(8)
.
(7)
If the board approves a proposed license plate design, the division may begin the
processes necessary for production and distribution of the license plate.
(8)
(a)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in
consultation with the design review board, the commission may make rules to
establish:
(i)
standards for license plate design that ensure color contrast ratios for a license
plate are sufficient for readability as described in Section
41-1a-403
; and
(ii)
the uniform design standard and format for a special group license plate.
(b)
Except for the following license plates, a special group license plate shall comply
with the uniform design standards and format described in rules made under
Subsection
(8)(a)
:
(i)
a historical support special group license plate described in Subsection
41-1a-419(1)(c)(ii)
; and
(ii)
a classic support special group license plate described in Subsection
41-1a-419(1)(c)(iii)
.
Section 16. Section
41-1a-1612
is enacted to read:
41-1a-1612
Effective
07/01/26
. Contract for license plate design -- Consultation
and other duties.
(1)
Using revenue appropriated to the commission from the License Plate Restricted
Account as described in Subsection
41-1a-122(4)(d)
, the commission shall contract with
a designer.
(2)
The commission shall ensure that the designer has the capability and expertise to ensure
compliance with the license plate design standards described in Subsection
41-1a-1611(8)
.
(3)
The designer shall:
(a)
consult with the design review board and the commission regarding compliance with
license plate design standards described in Subsection
41-1
a-1611(8); and
(b)
provide license plate design and artistic assistance to:
(i)
if requested, a sponsoring organization proposing a new special group license
plate or existing special group license plate redesign;
(ii)
the division;
(iii)
the commission; and
(iv)
the design review board.
Section 17. Section
41-6a-702
is amended to read:
41-6a-702
Effective
05/06/26
. Left lane restrictions -- Exceptions -- Other lane
restrictions -- Penalties.
(1)
As used in this section and Section
41-6a-704
, "general purpose lane" means a highway
lane open to vehicular traffic but does not include a designated:
(a)
high occupancy vehicle (HOV) lane; or
(b)
auxiliary lane that begins as a freeway on-ramp and ends as part of the next freeway
off-ramp.
(2)
On a freeway or section of a freeway which has three or more general purpose lanes in
the same direction, a person may not operate a vehicle in the left most general purpose
lane if the person's vehicle or combination of vehicles has a gross vehicle weight rating
of 18,001 or more pounds.
(3)
Subsection
(2)
does not apply to a person operating a vehicle who is:
(a)
preparing to turn left or taking a different highway split or an exit on the left;
(b)
responding to emergency conditions;
(c)
avoiding actual or potential traffic moving onto the highway from an acceleration or
merging lane; or
(d)
following direction signs that direct use of a designated lane.
(4)
(a)
A highway authority may designate a specific lane or lanes of travel for any type
of vehicle on a highway or portion of a highway under its jurisdiction for the:
(i)
safety of the public;
(ii)
efficient maintenance of a highway; or
(iii)
use of high occupancy vehicles.
(b)
The lane designation under Subsection
(4)(a)
is effective when appropriate signs or
roadway markings giving notice are erected on the highway or portion of the
highway.
(5)
(a)
Subject to Subsection
(5)(b)
, the lane designation under Subsection
(4)(a)(iii)
shall allow a vehicle with a clean fuel vehicle decal issued in accordance with
Section
72-6-121
to travel in lanes designated for the use of high occupancy vehicles
regardless of the number of occupants as permitted by federal law or federal
regulation.
(b)
(i)
In accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking
Act
, the Department of Transportation may make rules to allow a vehicle with a
clean fuel vehicle decal to travel in lanes designated for the use of high occupancy
vehicles regardless of the number of occupants as permitted by federal law or
federal regulation.
(ii)
Except as provided in Subsection
(5)(b)(iii)
, the Department of Transportation
may not issue more than 6,000 clean fuel vehicle decals under Section
72-6-121
.
(iii)
The Department of Transportation may, through rules made under Subsection
(5)(b)(i)
, increase the number of clean fuel vehicle decals issued in accordance
with Section
72-6-121
beyond the minimum described in Subsection
(5)(b)(ii)
if
the increased issuance will allow the Department of Transportation to continue to
meet its goals for operational management of the lane designated under
Subsection
(4)(a)(iii)
.
(6)
(5)
A public transportation vehicle may operate in a lane designated under Subsection
(4)(a)(iii)
regardless of the number of occupants as permitted by federal law and
regulation.
(7)
(6)
A person who operates a vehicle in violation of Subsection
(2)
or in violation of the
restrictions made under Subsection
(4)
is guilty of an infraction.
Section 18. Section
53-3-207
is amended to read:
53-3-207
Effective
05/06/26
. License certificates or driving privilege cards
issued to drivers by class of motor vehicle -- Contents -- Release of anatomical gift
information -- Temporary licenses or driving privilege cards -- Minors' licenses, cards,
and permits -- Violation.
(1)
As used in this section:
(a)
"Authorized guardian" means:
(i)
the parent or legal guardian of a child who:
(A)
is under 18 years old; and
(B)
has an invisible condition; or
(ii)
the legal guardian or conservator of an adult who:
(A)
is 18 years old or older; and
(B)
has an invisible condition.
(b)
"Driving privilege" means the privilege granted under this chapter to drive a motor
vehicle.
(c)
"First responder" means:
(i)
a law enforcement officer, as defined in Section
53-13-103
;
(ii)
an emergency medical technician, as defined in Section
53-2e-101
;
(iii)
an advanced emergency medical technician, as defined in Section
53-2e-101
;
(iv)
a paramedic, as defined in Section
53-2e-101
;
(v)
a firefighter, as defined in Section
53H-11-306
; or
(vi)
a dispatcher, as defined in Section
53-6-102
.
(d)
"Governmental entity" means the state or a political subdivision of the state.
(e)
"Health care professional" means:
(i)
a licensed physician, physician assistant, nurse practitioner, or mental health
therapist; or
(ii)
any other licensed health care professional the division designates by rule made in
accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
.
(f)
"Invisible condition" means a physical or mental condition that may interfere with an
individual's ability to communicate with a first responder, including:
(i)
a communication impediment;
(ii)
hearing loss;
(iii)
blindness or a visual impairment;
(iv)
autism spectrum disorder;
(v)
a drug allergy;
(vi)
Alzheimer's disease or dementia;
(vii)
post-traumatic stress disorder;
(viii)
traumatic brain injury;
(ix)
schizophrenia;
(x)
epilepsy;
(xi)
a developmental disability;
(xii)
Down syndrome;
(xiii)
diabetes;
(xiv)
a heart condition; or
(xv)
any other condition approved by the department.
(g)
"Invisible condition identification symbol" means a symbol or alphanumeric code
that indicates that an individual is an individual with an invisible condition.
(h)
"Political subdivision" means any county, city, town, school district, public transit
district, community reinvestment agency, special improvement or taxing district,
special district, special service district, an entity created by an interlocal agreement
adopted under
Title 11, Chapter 13, Interlocal Cooperation Act
, or other
governmental subdivision or public corporation.
(i)
"State" means this state, and includes any office, department, agency, authority,
commission, board, institution, hospital, college, university, children's justice center,
or other instrumentality of the state.
(2)
(a)
The division shall issue to every individual privileged to drive a motor vehicle, a
regular license certificate, a limited-term license certificate, or a driving privilege
card indicating the type or class of motor vehicle the individual may drive.
(b)
An individual may not drive a class of motor vehicle unless granted the privilege in
that class.
(3)
(a)
Every regular license certificate, limited-term license certificate, or driving
privilege card shall bear:
(i)
the distinguishing number assigned to the individual by the division;
(ii)
the name, birth date, and Utah residence address of the individual;
(iii)
a brief description of the individual for the purpose of identification;
(iv)
any restrictions imposed on the license under Section
53-3-208
;
(v)
a photograph of the individual;
(vi)
a photograph or other facsimile of the individual's signature;
(vii)
an indication whether the individual intends to make an anatomical gift under
Title 26B, Chapter 8, Part 3, Revised Uniform Anatomical Gift Act
, unless the
driving privilege is extended under Subsection
53-3-214(3)
; and
(viii)
except as provided in Subsection
(3)(b)
, if the individual states that the
individual is a veteran of the United States military on the application for a driver
license in accordance with Section
53-3-205
and provides verification that the
individual was granted an honorable or general discharge from the United States
Armed Forces
armed forces
, an indication that the individual is a United States
military veteran for a regular license certificate or limited-term license certificate
issued on or after July 1, 2011.
(b)
A regular license certificate or limited-term license certificate issued to an individual
younger than 21 years old on a portrait-style format as required in Subsection
(7)(b)
is not required to include an indication that the individual is a United States military
veteran under Subsection
(3)(a)(viii)
.
(c)
A new license certificate issued by the division may not bear the individual's social
security number.
(d)
(i)
The regular license certificate, limited-term license certificate, or driving
privilege card shall be of an impervious material, resistant to wear, damage, and
alteration.
(ii)
The size, form, and color of the regular license certificate, limited-term license
certificate, or driving privilege card shall be as prescribed by the commissioner.
(iii)
The commissioner may also prescribe the issuance of a special type of limited
regular license certificate, limited-term license certificate, or driving privilege card
under Subsection
53-3-220(4)
.
(e)
The commissioner shall consult with and obtain approval from the design review
board created in Section
41-1a-1611
regarding format and design of each type of
license certificate.
(4)
(a)
The division shall include or affix an invisible condition identification symbol on
an individual's regular license certificate, limited-term license certificate, or driving
privilege card if the individual or the individual's authorized guardian, on a form
prescribed by the department:
(i)
requests the division to include the invisible condition identification symbol;
(ii)
provides written verification from a health care professional that the individual is
an individual with an invisible condition; and
(iii)
signs a waiver of liability for the release of any medical information to:
(A)
the department;
(B)
any person who has access to the individual's medical information as recorded
on the individual's driving record or the Utah Criminal Justice Information
System under this chapter;
(C)
any other person who may view or receive notice of the individual's medical
information by seeing the individual's regular license certificate, limited-term
license certificate, or driving privilege card or the individual's information in
the Utah Criminal Justice Information System;
(D)
a local law enforcement agency that receives a copy of the form described in
this Subsection
(4)(a)
and enters the contents of the form into the local law
enforcement agency's record management system or computer-aided dispatch
system; and
(E)
a dispatcher who accesses the information regarding the individual's invisible
condition through the use of a local law enforcement agency's record
management system or computer-aided dispatch system.
(b)
As part of the form described in Subsection
(4)(a)
, the department shall advise the
individual or the individual's authorized guardian that by submitting the signed
waiver, the individual or the individual's authorized guardian consents to the release
of the individual's medical information to any person described in Subsections
(4)(a)(iii)(A)
through
(E)
, even if the person is otherwise ineligible to access the
individual's medical information under state or federal law.
(c)
The division may not:
(i)
charge a fee to include the invisible condition identification symbol on the
individual's regular license certificate, limited-term license certificate, or driving
privilege card; or
(ii)
after including the invisible condition identification symbol on the individual's
previously issued regular license certificate, limited-term license certificate, or
driving privilege card, require the individual to provide subsequent written
verification described in Subsection
(4)(a)(ii)
to include the invisible condition
identification symbol on the individual's renewed or extended regular license
certificate, limited-term license certificate, or driving privilege card.
(d)
The division shall confirm with the Division of Professional Licensing that the health
care professional described in Subsection
(4)(a)(ii)
holds a current state license.
(e)
The inclusion of an invisible condition identification symbol on an individual's
license certificate, limited-term license certificate, or driving privilege card in
accordance with Subsection
(4)(a)
does not confer any legal rights or privileges on
the individual, including parking privileges for individuals with disabilities under
Section
41-1a-414
.
(f)
For each individual issued a regular license certificate, limited-term license
certificate, or driving privilege card under this section that includes an invisible
condition identification symbol, the division shall include in the division's database a
brief description of the nature of the individual's invisible condition in the
individual's record and provide the brief description to the Utah Criminal Justice
Information System.
(g)
Except as provided in this section, the division may not release the information
described in Subsection
(4)(f)
.
(h)
Within 30 days after the day on which the division receives an individual's or the
individual's authorized guardian's written request, the division shall:
(i)
remove from the individual's record in the division's database the invisible
condition identification symbol and the brief description described in Subsection
(4)(f)
; and
(ii)
provide the individual's updated record to the Utah Criminal Justice Information
System.
(5)
As provided in Section
63G-2-302
, the information described in Subsection
(4)(a)
is a
private record for purposes of
Title 63G, Chapter 2, Government Records Access and
Management Act
.
(6)
(a)
(i)
The division, upon determining after an examination that an applicant is
mentally and physically qualified to be granted a driving privilege, may issue to
an applicant a receipt for the fee if the applicant is eligible for a regular license
certificate or limited-term license certificate.
(ii)
(A)
The division shall issue a temporary regular license certificate or
temporary limited-term license certificate allowing the individual to drive a
motor vehicle while the division is completing the division's investigation to
determine whether the individual is entitled to be granted a driving privilege.
(B)
A temporary regular license certificate or a temporary limited-term license
certificate issued under this Subsection
(6)
shall be recognized and have the
same rights and privileges as a regular license certificate or a limited-term
license certificate.
(b)
The temporary regular license certificate or temporary limited-term license
certificate shall be in the individual's immediate possession while driving a motor
vehicle, and the temporary regular license certificate or temporary limited-term
license certificate is invalid when the individual's regular license certificate or
limited-term license certificate has been issued or when, for good cause, the privilege
has been refused.
(c)
The division shall indicate on the temporary regular license certificate or temporary
limited-term license certificate a date after which the temporary regular license
certificate or temporary limited-term license certificate is not valid as a temporary
license.
(d)
(i)
Except as provided in Subsection
(6)(d)(ii)
, the division may not issue a
temporary driving privilege card or other temporary permit to an applicant for a
driving privilege card.
(ii)
The division may issue a learner permit issued in accordance with Section
53-3-210.5
to an applicant for a driving privilege card.
(7)
(a)
The division shall distinguish learner permits, temporary permits, regular license
certificates, limited-term license certificates, and driving privilege cards issued to any
individual younger than 21 years old by use of plainly printed information or the use
of a color or other means not used for other regular license certificates, limited-term
license certificates, or driving privilege cards.
(b)
The division shall distinguish a regular license certificate, limited-term license
certificate, or driving privilege card issued to an individual younger than 21 years old
by use of a portrait-style format not used for other regular license certificates,
limited-term license certificates, or driving privilege cards and by plainly printing the
date the regular license certificate, limited-term license certificate, or driving
privilege card holder is 21 years old.
(8)
The division shall distinguish a limited-term license certificate by clearly indicating on
the document:
(a)
that the limited-term license certificate is temporary; and
(b)
the limited-term license certificate's expiration date.
(9)
(a)
The division shall only issue a driving privilege card to an individual whose
privilege was obtained without providing evidence of lawful presence in the United
States as required under Subsection
53-3-205(8)
.
(b)
The division shall distinguish a driving privilege card from a license certificate by:
(i)
use of a format, color, font, or other means; and
(ii)
clearly displaying on the front of the driving privilege card a phrase substantially
similar to "FOR DRIVING PRIVILEGES ONLY -- NOT VALID FOR
IDENTIFICATION
.
"
.
(10)
The provisions of Subsection
(7)(b)
do not apply to a learner permit, temporary permit,
temporary regular license certificate, temporary limited-term license certificate, or any
other temporary permit.
(11)
The division shall issue temporary license certificates of the same nature, except as to
duration, as the license certificates that they temporarily replace, as are necessary to
implement applicable provisions of this section and Section
53-3-223
.
(12)
(a)
A governmental entity may not accept a driving privilege card as proof of
personal identification.
(b)
A driving privilege card may not be used as a document providing proof of an
individual's age for any government required purpose.
(13)
An individual who violates Subsection
(2)(b)
is guilty of an infraction.
(14)
Unless otherwise provided, the provisions, requirements, classes, endorsements, fees,
restrictions, and sanctions under this code apply to a:
(a)
driving privilege in the same way as a license or limited-term license issued under
this chapter; and
(b)
limited-term license certificate or driving privilege card in the same way as a regular
license certificate issued under this chapter.
Section 19. Section
53-3-805
is amended to read:
53-3-805
Effective
05/06/26
. Identification card -- Contents -- Specifications.
(1)
As used in this section:
(a)
"Authorized guardian" means the same as that term is defined in Section
53-3-207
.
(b)
"Health care professional" means the same as that term is defined in Section
53-3-207
.
(c)
"Invisible condition" means the same as that term is defined in Section
53-3-207
.
(d)
"Invisible condition identification symbol" means the same as that term is defined in
Section
53-3-207
.
(2)
(a)
The division shall issue an identification card that bears:
(i)
the distinguishing number assigned to the individual by the division;
(ii)
the name, birth date, and Utah residence address of the individual;
(iii)
a brief description of the individual for the purpose of identification;
(iv)
a photograph of the individual;
(v)
a photograph or other facsimile of the individual's signature;
(vi)
an indication whether the individual intends to make an anatomical gift under
Title 26B, Chapter 8, Part 3, Revised Uniform Anatomical Gift Act
; and
(vii)
if the individual states that the individual is a veteran of the United States
military on the application for an identification card in accordance with Section
53-3-804
and provides verification that the individual received an honorable or
general discharge from the United States Armed Forces, an indication that the
individual is a United States military veteran for a regular identification card or a
limited-term identification card issued on or after July 1, 2011.
(b)
An identification card issued by the division may not bear the individual's social
security number or place of birth.
(3)
(a)
The card shall be of an impervious material, resistant to wear, damage, and
alteration.
(b)
Except as provided under Section
53-3-806
, the size, form, and color of the card is
prescribed by the commissioner.
(c)
The commissioner shall consult with and obtain approval from the design review
board created in Section
41-1a-1611
regarding format and design of identification
cards.
(4)
At the applicant's request, the card may include a statement that the applicant has a
special medical problem or allergies to certain drugs, for the purpose of medical
treatment.
(5)
(a)
The division shall include or affix an invisible condition identification symbol on
an individual's identification card if the individual or the individual's authorized
guardian, on a form prescribed by the department:
(i)
requests the division to include the invisible condition identification symbol;
(ii)
provides written verification from a health care professional that the individual is
an individual with an invisible condition; and
(iii)
submits a signed waiver of liability for the release of any medical information to:
(A)
the department;
(B)
any person who has access to the individual's medical information as recorded
on the individual's driving record or the Utah Criminal Justice Information
System under this chapter;
(C)
any other person who may view or receive notice of the individual's medical
information by seeing the individual's identification card or the individual's
information in the Utah Criminal Justice Information System;
(D)
a local law enforcement agency that receives a copy of the form described in
this Subsection
(5)(a)
and enters the contents of the form into the local law
enforcement agency's record management system or computer-aided dispatch
system; and
(E)
a dispatcher who accesses the information regarding the individual's invisible
condition through the use of a local law enforcement agency's record
management system or computer-aided dispatch system.
(b)
As part of the form described in Subsection
(5)(a)
, the department shall advise the
individual or the individual's authorized guardian that by submitting the request and
signed waiver, the individual or the individual's authorized guardian consents to the
release of the individual's medical information to any person described in Subsection
(5)(a)(iii)
, even if the person is otherwise ineligible to access the individual's medical
information under state or federal law.
(c)
The division may not:
(i)
charge a fee to include the invisible condition identification symbol on the
individual's identification card; or
(ii)
after including the invisible condition identification symbol on the individual's
previously issued identification card, require the individual to provide subsequent
written verification described in Subsection
(5)(a)(ii)
to include the invisible
condition identification symbol on the individual's extended identification card.
(d)
The division shall confirm with the Division of Professional Licensing that the health
care professional described in Subsection
(5)(a)(ii)
holds a current state license.
(e)
The inclusion of an invisible condition identification symbol on an individual's
identification card in accordance with Subsection
(5)(a)
does not confer any legal
rights or privileges on the individual, including parking privileges for individuals
with disabilities under Section
41-1a-414
.
(f)
For each individual issued an identification card under this section that includes an
invisible condition identification symbol, the division shall include in the division's
database a brief description of the nature of the individual's invisible condition in the
individual's record and provide the brief description to the Utah Criminal Justice
Information System.
(g)
Except as provided in this section, the division may not release the information
described in Subsection
(5)(f)
.
(h)
Within 30 days after the day on which the division receives an individual's or the
individual's authorized guardian's written request, the division shall:
(i)
remove from the individual's record in the division's database the invisible
condition identification symbol and the brief description described in Subsection
(5)(f)
; and
(ii)
provide the individual's updated record to the Utah Criminal Justice Information
System.
(6)
(a)
If the division receives a notification from a court as provided in Section
41-6a-505
,
41-6a-509
,
76-5-102.1
, or
76-5-207
, that an individual is an interdicted
person, the division:
(i)
may accept an application from the individual for an identification card that
includes an interdicted person identifier; and
(ii)
if the individual submits an application and qualifies for an identification card,
may provide an identification card with the interdicted person identifier.
(b)
(i)
An individual may voluntarily apply for an identification card that includes an
interdicted person identifier.
(ii)
An individual that voluntarily applies for an identification card with an
interdicted person identifier may not apply for another identification card without
the interdicted person identifier for at least 30 days after the application for the
identification card with the interdicted person identifier.
(c)
The division may not provide to an individual an identification card without the
interdicted person identifier during the time period the court has designated the
person as an interdicted person.
(d)
The division may charge an administrative fee as described in Subsection
53-3-105(40)
to an individual to process and provide an identification card with an
interdicted person identifier.
(e)
An individual who is designated as an interdicted person by a court is subject to the
identification card fee and other fees necessary to administer the identification card
with an interdicted person identifier.
(7)
As provided in Section
63G-2-302
, the information described in Subsection
(5)(a)
is a
private record for purposes of
Title 63G, Chapter 2, Government Records Access and
Management Act
.
(8)
(a)
The indication of intent under Subsection
53-3-804(2)(j)
shall be authenticated by
the applicant in accordance with division rule.
(b)
(i)
Notwithstanding
Title 63G, Chapter 2, Government Records Access and
Management Act
, the division may, upon request, release to an organ procurement
organization, as defined in Section
26B-8-301
, the names and addresses of all
individuals who under Subsection
53-3-804(2)(j)
indicate that they intend to make
an anatomical gift.
(ii)
An organ procurement organization may use released information only to:
(A)
obtain additional information for an anatomical gift registry; and
(B)
inform applicants of anatomical gift options, procedures, and benefits.
(9)
Notwithstanding
Title 63G, Chapter 2, Government Records Access and Management
Act
, the division may release to the Department of Veterans and Military Affairs the
names and addresses of all individuals who indicate their status as a veteran under
Subsection
53-3-804(2)(l)
.
(10)
The division and the division's employees are not liable, as a result of false or
inaccurate information provided under Subsection
53-3-804(2)(j)
or
(l)
, for direct or
indirect:
(a)
loss;
(b)
detriment; or
(c)
injury.
(11)
(a)
The division may issue a temporary regular identification card to an individual
while the individual obtains the required documentation to establish verification of
the information described in Subsections
53-3-804(2)(a)
,
(b)
,
(c)
,
(d)
, and
(i)(i)
.
(b)
A temporary regular identification card issued under this Subsection
(11)
shall be
recognized and grant the individual the same privileges as a regular identification
card.
(c)
A temporary regular identification card issued under this Subsection
(11)
is invalid:
(i)
when the individual's regular identification card has been issued;
(ii)
when, for good cause, an applicant's application for a regular identification card
has been refused; or
(iii)
upon expiration of the temporary regular identification card.
(d)
The division shall coordinate with the Department of Corrections in providing an
inmate with a temporary regular identification card as described in Section
64-13-10.6
.
Section 20. Section
72-1-201
is amended to read:
72-1-201
Effective
05/06/26
. Creation of Department of Transportation --
Functions, powers, duties, rights, and responsibilities.
(1)
There is created the Department of Transportation which shall:
(a)
have the general responsibility for planning, research, design, construction,
maintenance, security, and safety of state transportation systems;
(b)
provide administration for state transportation systems and programs;
(c)
implement the transportation policies of the state;
(d)
plan, develop, construct, and maintain state transportation systems that are safe,
reliable, environmentally sensitive, and serve the needs of the traveling public,
commerce, and industry;
(e)
establish standards and procedures regarding the technical details of administration
of the state transportation systems as established by statute and administrative rule;
(f)
advise the governor and the Legislature about state transportation systems needs;
(g)
coordinate with utility companies for the reasonable, efficient, and cost-effective
installation, maintenance, operation, relocation, and upgrade of utilities within state
highway rights-of-way;
(h)
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
make rules for the administration of the department, state transportation systems, and
programs;
(i)
jointly with the commission annually report to the Transportation Interim Committee,
by November 30 of each year, as to the operation, maintenance, condition, mobility,
safety needs, and wildlife and livestock mitigation for state transportation systems;
(j)
ensure that any training or certification required of a public official or public
employee, as those terms are defined in Section
63G-22-102
, complies with Title
63G, Chapter 22, State Training and Certification Requirements, if the training or
certification is required:
(i)
under this title;
(ii)
by the department; or
(iii)
by an agency or division within the department;
(k)
study and make recommendations to the Legislature on potential managed lane use
and implementation on selected transportation systems within the state;
(l)
before July 1 of each year, coordinate with the Utah Highway Patrol Division created
in Section
53-8-103
regarding:
(i)
future highway projects that will add additional capacity to the state transportation
system;
(ii)
potential changes in law enforcement responsibilities due to future highway
projects; and
(iii)
incident management services on state highways;
(m)
provide public transit services, in consultation with any relevant public transit
provider;
and
(n)
implement a public service campaign as described in Section
72-2-135
, in
coordination with relevant stakeholders including permitted landfills and transfer
stations, to generate public awareness regarding the importance of proper
transportation and disposal of waste and maintaining clean roads and highways
.
; and
(o)
in coordination with a large public transit district, provide for leasing and other
services that generate revenue in connection with public transit facilities and services
that serve the Cottonwood Canyons area of Salt Lake County.
(2)
For a proposed transportation project that includes a gondola in the Cottonwood
Canyons area of Salt Lake County for which the department has completed an
environmental impact statement, the department may only construct the project in the
phasing sequence as provided in the record of decision associated with the
environmental impact statement.
(3)
(a)
The department shall exercise reasonable care in designing, constructing, and
maintaining a state highway in a reasonably safe condition for travel.
(b)
Nothing in this section shall be construed as:
(i)
creating a private right of action; or
(ii)
expanding or changing the department's common law duty as described in
Subsection
(3)(a)
for liability purposes.
Section 21. Section
72-1-213.1
is amended to read:
72-1-213.1
Effective
07/01/26
. 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:
(i)
an electric motor vehicle as defined in Section
41-1a-102
; or
(ii)
a motor vehicle powered exclusively by a fuel other than:
(A)
motor fuel;
(B)
diesel fuel;
(C)
natural gas; or
(D)
propane.
(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.
(e)
"Road usage charge cap" means the maximum fee charged to a participant in the
program for a registration period.
(f)
"Road usage charge rate" means the per-mile usage fee charged to a participant in the
program.
(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)
In accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, and
consistent with this section, the department:
(a)
shall make rules to establish:
(i)
processes and terms for enrollment into and withdrawal or removal from the
program;
(ii)
payment periods and other payment methods and procedures for the program;
(iii)
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;
(iv)
standards for program functions for mileage recording, payment processing,
account management, and other similar aspects of the program;
(v)
contractual terms between an owner or lessee of an alternative fuel vehicle owner
and an account manager for participation in the program;
(vi)
contractual terms between the department and an account manager, including
authority for an account manager to enforce the terms of the program;
(vii)
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;
(viii)
penalty procedures for a program participant's failure to pay a road usage
charge or tampering with a device necessary for the program; and
(ix)
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
(b)
may make rules to establish:
(i)
an enrollment cap for certain alternative fuel vehicle types to participate in the
program;
(ii)
a process for collection of an unpaid road usage charge or penalty; or
(iii)
integration of the program with other similar programs, such as tolling.
(6)
Revenue generated by the road usage charge program and relevant penalties shall be
deposited into the Road Usage Charge Program Special Revenue Fund.
(7)
(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 or penalty 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
(7)(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
(7)(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
(7)(a)
to the owner of the alternative fuel vehicle according to the terms of the
program.
(8)
(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
(7)(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.
(9)
The owner of an alternative fuel vehicle may
apply for enrollment
enroll
in the
program or withdraw from the program according to the terms established by the
department
pursuant to
in accordance with
rules made under Subsection
(5)
.
(10)
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
in accordance with
Subsection
(5)
;
(b)
pay the road usage fee for each payment period in accordance with Subsection
(5)
;
and
(c)
comply with all other provisions of this section and other requirements of the
program.
(11)
The department shall submit annually, on or before October 1, to the 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.
(12)
(a)
Beginning on January 1, 2023:
(i)
the road usage charge rate is 1.0 cent per mile; and
(ii)
the road usage charge cap is:
(A)
$130.25 for an annual registration period; and
(B)
$100.75 for a six-month registration period.
(b)
(a)
Beginning on January 1, 2026:
(i)
the road usage charge rate is 1.25 cents per mile; and
(ii)
the road usage charge cap is:
(A)
$180 for an annual registration period; and
(B)
$139 for a six-month registration period.
(c)
(b)
Beginning on January 1,
2032
2027
:
(i)
the road usage charge rate is 1.5 cents per mile, unless the commission establishes
a different road usage charge rate in accordance with Subsection
(13)
; and
(ii)
the road usage charge cap is:
(A)
$240
$280
for an annual registration period; and
(B)
$185
$216
for a six-month registration period.
(d)
(c)
Beginning in
2024
2028
, the department shall, on January 1, annually adjust the
road usage charge rates described in this Subsection
(12)
by taking the road usage
charge rate for the previous year and adding an amount equal to the greater of:
(i)
an amount calculated by multiplying the road usage charge rate of the previous
year by the actual percentage change during the previous fiscal year in the
Consumer Price Index as determined by the State Tax Commission; and
(ii)
0.
(e)
(d)
Beginning in
2024
2028
, the State Tax Commission shall, on January 1,
annually adjust the road usage charge caps described in this Subsection
(12)
by
taking the road usage charge cap for the previous year and adding an amount equal to
the greater of:
(i)
an amount calculated by multiplying the road usage charge cap of the previous
year by the actual percentage change during the previous fiscal year in the
Consumer Price Index; and
(ii)
0.
(f)
(e)
The amounts calculated as described in Subsection
(12)(d)
(12)(c)
shall be
rounded up to the nearest .01 cent.
(g)
(f)
The amounts calculated as described in Subsection
(12)(e)
(12)(d)
shall be
rounded up to the nearest 25 cents.
(h)
(g)
On or before January 1 of each year, the department shall publish:
(i)
the adjusted road usage charge rate described in Subsection
(12)(d)
(12)(c)
; and
(ii)
adjusted road usage charge cap described in Subsection
(12)(e)
(12)(d)
.
(13)
(a)
Beginning January 1,
2032
2027
, the commission may establish by rule made in
accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the road
usage charge rate for each type of alternative fuel vehicle.
(b)
(i)
Before making rules in accordance with Subsection
(13)(a)
, the commission
shall consult with the department regarding the road usage charge rate for each
type of alternative fuel vehicle.
(ii)
The department shall cooperate with and make recommendations to the
commission regarding the road usage charge rate for each type of alternative fuel
vehicle.
Section 22. Section
72-1-219
is enacted to read:
72-1-219
Effective
05/06/26
. Discovery and admission as evidence of certain
reports and surveys.
(1)
Subject to Subsection
(2)
, and notwithstanding any other provision of law, the following
materials are privileged, are not subject to discovery or admissible evidence in a
proceeding before a federal or state court, and may not be considered for any other
purpose in an action for damages arising from an occurrence at a location described in
the materials:
(a)
a report;
(b)
a survey;
(c)
a schedule;
(d)
a list; or
(e)
data compiled or collected.
(2)
The privilege described in Subsection
(1)
applies only if the materials were created or
collected:
(a)
in accordance with 23 U.S.C. Sec. 409;
(b)
under federal or state law for the purpose of identifying, evaluating, or planning the
safety enhancement of:
(i)
a potential crash site;
(ii)
a hazardous highway condition; or
(iii)
a railway-highway crossing; or
(c)
for the purpose of developing a highway or railway safety construction improvement
project, regardless of the funding source.
Section 23. Section
72-2-107
is amended to read:
72-2-107
Effective
05/06/26
. Appropriation from Transportation Fund --
Apportionment for class B and class C roads.
(1)
There is appropriated to the department from the Transportation Fund annually an
amount equal to 30% of an amount which the director of finance shall compute in the
following manner: The total revenue deposited into the Transportation Fund during the
fiscal year from state highway-user taxes and fees, minus those amounts appropriated or
transferred from the Transportation Fund during the same fiscal year to:
(a)
the Department of Public Safety;
(b)
the State Tax Commission;
(c)
the Division of Finance;
(d)
the Utah Travel Council;
(e)
except as provided in Section
72-1-213.2
, the road usage charge program created in
Section
72-1-213.1
; and
(f)
any other amounts appropriated or transferred for any other state agencies not a part
of the department.
(2)
(a)
Except as provided in Subsections
(2)(b)
and
(c)
, all of the money appropriated in
Subsection
(1)
shall be apportioned among counties and municipalities for class B
and class C roads as provided in this title.
(b)
The department shall annually transfer $500,000 of the amount calculated under
Subsection
(1)
to the State Park Access Highways Improvement Program created in
Section
72-3-207
.
(c)
Administrative costs of the department to administer class B and class C roads shall
be paid from funds calculated under Subsection
(1)
.
(3)
Each quarter of every year
At least quarterly
the department shall make the necessary
accounting entries to transfer the money appropriated under this section for class B and
class C roads.
(4)
The funds appropriated for class B and class C roads shall be expended under the
direction of the department as the Legislature shall provide.
Section 24. Section
72-2-117.5
is amended to read:
72-2-117.5
Effective
05/06/26
. Definitions -- Local Highway and
Transportation Corridor Preservation Fund -- Disposition of fund money.
(1)
As used in this section:
(a)
"Council of governments" means a decision-making body in each county composed
of membership including the county governing body and the mayors of each
municipality in the county.
(b)
"Metropolitan planning organization" has the same meaning as defined in Section
72-1-208.5
.
(2)
There is created the Local Highway and Transportation Corridor Preservation Fund
within the Transportation Fund
.
(3)
The fund shall be funded from the following sources:
(a)
a local option highway construction and transportation corridor preservation fee
imposed under Section
41-1a-1222
;
(b)
appropriations made to the fund by the Legislature;
(c)
contributions from other public and private sources for deposit into the fund;
(d)
all money collected from rents and sales of real property acquired with fund money;
(e)
proceeds from general obligation bonds, revenue bonds, or other obligations issued
as authorized by
Title 63B, Bonds
; and
(f)
sales and use tax revenues deposited into the fund in accordance with
Title 59,
Chapter 12, Part 22, Local Option Sales and Use Taxes for Transportation Act
.
(4)
(a)
The fund shall earn interest.
(b)
All interest earned on fund money shall be deposited into the fund.
(c)
(a)
The State Tax Commission shall allocate
and distribute
the revenues:
(i)
provided under Subsection
(3)(a)
to each county imposing a local option highway
construction and transportation corridor preservation fee under Section
41-1a-1222
;
(ii)
provided under Subsection
59-12-2217(2)
to each county imposing a county
option sales and use tax for transportation; and
(iii)
provided under Subsection
(3)(f)
to each county of the second class or city or
town within a county of the second class that imposes the sales and use tax
authorized by Section
59-12-2218
.
(d)
The department shall distribute the funds allocated to each county, city, or town
under Subsection
(4)(c)
to each county, city, or town.
(e)
(b)
The money allocated and distributed under this Subsection
(4)
:
(i)
shall be used for the purposes provided in this section for each county, city, or
town;
(ii)
is allocated to each county, city, or town as provided in this section with the
condition that the state will not be charged for any asset purchased with the money
allocated and distributed under this Subsection
(4)
, unless there is a written
agreement in place with the department
prior to
before
the purchase of the asset
stipulating a reimbursement by the state to the county, city, or town of no more
than the original purchase price paid by the county, city, or town; and
(iii)
is considered a local matching contribution for the purposes described under
Section
72-2-123
if used on a state highway.
(f)
Administrative costs of the department to implement this section shall be paid from
the fund.
(5)
(a)
A highway authority may acquire real property or any interests in real property for
state, county, and municipal transportation corridors subject to:
(i)
money available in the fund to each county under Subsection
(4)
; and
(ii)
the provisions of this section.
(b)
Fund money may be used to pay interest on debts incurred in accordance with this
section.
(c)
(i)
(A)
Fund money may be used to pay maintenance costs of properties
acquired under this section but limited to a total of 5% of the purchase price of
the property.
(B)
Any additional maintenance cost shall be paid from funds other than under
this section.
(C)
Revenue generated by any property acquired under this section is excluded
from the limitations under this Subsection
(5)(c)(i)
.
(ii)
Fund money may be used to pay direct costs of acquisition of properties acquired
under this section.
(d)
Fund money allocated and distributed under Subsection
(4)
may be used by a county
highway authority for countywide transportation or public transit planning if:
(i)
the county's planning focus area is outside the boundaries of a metropolitan
planning organization;
(ii)
the transportation planning is part of the county's continuing, cooperative, and
comprehensive process for transportation or public transit planning, transportation
corridor preservation, right-of-way acquisition, and project programming;
(iii)
no more than four years allocation every 20 years to each county is used for
transportation planning under this Subsection
(5)(d)
; and
(iv)
the county otherwise qualifies to use the fund money as provided under this
section.
(e)
(i)
Subject to Subsection
(11)
, fund money allocated and distributed under
Subsection
(4)
may be used by a county highway authority for transportation
corridor planning that is part of the transportation corridor elements of an ongoing
work program of transportation or public transit projects.
(ii)
The transportation corridor planning under Subsection
(5)(e)(i)
shall be under the
direction of:
(A)
the metropolitan planning organization if the county is within the boundaries
of a metropolitan planning organization; or
(B)
the department if the county is not within the boundaries of a metropolitan
planning organization.
(f)
(i)
A county, city, or town that imposes a local option highway construction and
transportation corridor preservation fee under Section
41-1a-1222
may elect to
administer the funds allocated and distributed to that county, city, or town under
Subsection
(4)
as a revolving loan fund.
(ii)
If a county, city, or town elects to administer the funds allocated and distributed
to that county, city, or town under Subsection
(4)
as a revolving loan fund, a local
highway authority shall repay the fund money authorized for the project to the
fund.
(iii)
A county, city, or town that elects to administer the funds allocated and
distributed to that county, city, or town under Subsection
(4)
as a revolving loan
fund shall establish repayment conditions of the money to the fund from the
specified project funds.
(g)
(i)
Subject to the restrictions in Subsections
(5)(g)(ii)
and
(iii)
, fund money may be
used by a county of the third, fourth, fifth, or sixth class or by a city or town
within a county of the third, fourth, fifth, or sixth class for:
(A)
the construction, operation, or maintenance of a class B road or class C road;
or
(B)
the restoration or repair of survey monuments associated with transportation
infrastructure.
(ii)
A county, city, or town may not use more than 50% of the current balance of fund
money allocated to the county, city, or town for the purposes described in
Subsection
(5)(g)(i)
.
(iii)
A county, city, or town may not use more than 50% of the fund revenue
collections allocated to a county, city, or town in the current fiscal year for the
purposes described in Subsection
(5)(g)(i)
.
(6)
(a)
(i)
The Local Highway and Transportation Corridor Preservation Fund shall be
used to preserve transportation corridors, promote long-term statewide
transportation planning, save on acquisition costs, and promote the best interests
of the state in a manner which minimizes impact on prime agricultural land.
(ii)
The Local Highway and Transportation Corridor Preservation Fund shall only be
used to preserve a transportation corridor that is right-of-way:
(A)
in a county of the first or second class for:
(I)
a state highway;
(II)
a principal arterial highway as defined in Section
72-4-102.5
;
(III)
a minor arterial highway as defined in Section
72-4-102.5
;
(IV)
a collector highway in an urban area as defined in Section
72-4-102.5
; or
(V)
a transit facility as defined in Section
17B-2a-802
; or
(B)
in a county of the third, fourth, fifth, or sixth class for:
(I)
a state highway;
(II)
a principal arterial highway as defined in Section
72-4-102.5
;
(III)
a minor arterial highway as defined in Section
72-4-102.5
;
(IV)
a major collector highway as defined in Section
72-4-102.5
;
(V)
a minor collector road as defined in Section
72-4-102.5
; or
(VI)
a transit facility as defined in Section
17B-2a-802
.
(ii)
Subject to Subsection
(6)(c)
, in a county of the first or second class, the Local
Highway and Transportation Corridor Preservation Fund shall only be used to
preserve a transportation corridor that is a right-of-way for:
(A)
a state highway;
(B)
a principal arterial highway as defined in Section
72-4-102.5
;
(C)
a minor arterial highway as defined in Section
72-4-102.5
;
(D)
a collector highway in an urban area as defined in Section
72-4-102.5
;
(E)
a transit facility as defined in Section
17B-2a-802
; or
(F)
regionally significant active transportation facilities identified in the regional
transportation plan.
(iii)
In a county of the third, fourth, fifth, or sixth class, the Local Highway and
Transportation Corridor Preservation Fund shall only be used to preserve a
transportation corridor that is a right-of-way for:
(A)
a state highway;
(B)
a principal arterial highway as defined in Section
72-4-102.5
;
(C)
a minor arterial highway as defined in Section
72-4-102.5
;
(D)
a major collector highway as defined in Section
72-4-102.5
;
(E)
a minor collector road as defined in Section
72-4-102.5
; or
(F)
a transit facility as defined in Section
17B-2a-802
.
(iii)
(iv)
The Local Highway and Transportation Corridor Preservation Fund may
not be used for a transportation corridor that is primarily a recreational trail as
defined under Section
79-5-102
.
(b)
A highway authority shall authorize the expenditure of fund money after determining
that the expenditure is being made in accordance with this section from applications
that are:
(i)
endorsed by the council of governments; and
(ii)
for a right-of-way purchase for a transportation corridor authorized under
Subsection
(6)(a)(ii)
or (iii)
.
(c)
(i)
In addition to the uses described in Subsections
(6)(a)
and
(6)(b)
, subject to
Subsection
(6)(c)(ii)
, if a county legislative body makes a determination that there
are no regionally significant corridor preservation acquisitions identified in the
regional transportation plan for locally owned transportation facilities that are
needed over the next 20 years, the following additional allowed uses of the locally
imposed corridor preservation fund are permitted:
(A)
development and construction of class A, class B, class C, and class D roads;
(B)
traffic and pedestrian safety infrastructure;
(C)
streets, alleys, roads, highways, and thoroughfares of any kind, including
connected structures;
(D)
active transportation facilities that are for nonmotorized vehicles and
multimodal transportation;
(E)
other modes and forms of conveyance used by the public, including parking
structures; and
(F)
transportation-related capital facility construction, debt service or bond
issuance costs, operations, and maintenance.
(ii)
(A)
A county legislative body and the associated metropolitan planning
organization shall review the regional transportation plan not less than every
four years to confirm that no new regionally significant corridor preservation
acquisitions have been identified as needed.
(B)
A county legislative body may not expend locally imposed corridor
preservation funds for a use described in Subsection
(6)(c)(i)
unless the county
legislative body determines and the relevant metropolitan planning
organization concurs that no regionally significant corridor preservation needs
exist in the next 20 years.
(7)
(a)
(i)
A council of governments shall establish a council of governments
endorsement process which includes prioritization and application procedures for
use of the money allocated to each county under this section.
(ii)
The endorsement process under Subsection
(7)(a)(i)
may include review or
endorsement of the preservation project by:
(A)
the metropolitan planning organization if the county is within the boundaries
of a metropolitan planning organization; or
(B)
the department if the county is not within the boundaries of a metropolitan
planning organization.
(b)
All fund money shall be prioritized by each highway authority and council of
governments based on considerations, including:
(i)
areas with rapidly expanding population;
(ii)
the willingness of local governments to complete studies and impact statements
that meet department standards;
(iii)
the preservation of transportation corridors by the use of local planning and
zoning processes;
(iv)
the availability of other public and private matching funds for a project;
(v)
the cost-effectiveness of the preservation projects;
(vi)
long and short-term maintenance costs for property acquired; and
(vii)
whether the transportation corridor is included as part of:
(A)
the county and municipal master plan; and
(B)
(I)
the statewide long range plan; or
(II)
the regional transportation plan of the area metropolitan planning
organization if one exists for the area.
(c)
The council of governments shall:
(i)
establish a priority list of transportation corridor preservation projects within the
county;
(ii)
submit the list described in Subsection
(7)(c)(i)
to the county's legislative body
for approval; and
(iii)
obtain approval of the list described in Subsection
(7)(c)(i)
from a majority of the
members of the county legislative body.
(d)
A county's council of governments may only submit one priority list described in
Subsection
(7)(c)(i)
per calendar year.
(e)
A county legislative body may only consider and approve one priority list described
in Subsection
(7)(c)(i)
per calendar year.
(8)
(a)
Unless otherwise provided by written agreement with another highway authority
or public transit district, the highway authority that holds the deed to the property is
responsible for maintenance of the property.
(b)
The transfer of ownership for property acquired under this section from one highway
authority to another shall include a recorded deed for the property and a written
agreement between the highway authorities or public transit district.
(9)
(a)
The proceeds from any bonds or other obligations secured by revenues of the
Local Highway and Transportation Corridor Preservation Fund shall be used for the
purposes authorized for funds under this section.
(b)
The highway authority shall pledge the necessary part of the revenues of the Local
Highway and Transportation Corridor Preservation Fund to the payment of principal
and interest on the bonds or other obligations.
(10)
(a)
A highway authority may not expend money under this section to purchase a
right-of-way for a state highway unless the highway authority has:
(i)
a transportation corridor property acquisition policy or ordinance in effect that
meets department requirements for the acquisition of real property or any interests
in real property under this section; and
(ii)
an access management policy or ordinance in effect that meets the requirements
under Subsection
72-2-117(8)
.
(b)
The provisions of Subsection
(10)(a)(i)
do not apply if the highway authority has a
written agreement with the department for the department to acquire real property or
any interests in real property on behalf of the local highway authority under this
section.
(11)
The county shall ensure, to the extent possible, that the fund money allocated and
distributed to a city or town in accordance with Subsection
(4)
is expended:
(a)
to fund a project or service as allowed by this section within the city or town to
which the fund money is allocated;
(b)
to pay debt service, principal, or interest on a bond or other obligation as allowed by
this section if that bond or other obligation is:
(i)
secured by money allocated to the city or town; and
(ii)
issued to finance a project or service as allowed by this section within the city or
town to which the fund money is allocated;
(c)
to fund transportation planning as allowed by this section within the city or town to
which the fund money is allocated; or
(d)
for another purpose allowed by this section within the city or town to which the fund
money is allocated.
(12)
Notwithstanding any other provision in this section, any amounts within the fund
allocated to a public transit district or for a public transit corridor may only be derived
from the portion of the fund that does not include constitutionally restricted sources
related to the operation of a motor vehicle on a public highway or proceeds from an
excise tax on liquid motor fuel to propel a motor vehicle.
Section 25.
Repealer.
License Plate Restricted Account.
Clean fuel vehicle decal.
Section 26.
Effective Date.
(1)
Except as provided in Subsection (2), this bill takes effect
July 1, 2026
.
(2)
The actions affecting the following sections take effect on
May 6, 2026
:
(a)
Section 10-20-305
Effective
05/06/26
;
(b)
Section 17-79-306
Effective
05/06/26
;
(c)
Section 41-1a-123
;
(d)
Section 41-6a-702
Effective
05/06/26
;
(e)
Section 53-3-207
Effective
05/06/26
;
(f)
Section 53-3-805
Effective
05/06/26
;
(g)
Section 72-1-201
Effective
05/06/26
;
(h)
Section 72-1-219
Effective
05/06/26
;
(i)
Section 72-2-107
Effective
05/06/26
;
(j)
Section 72-2-117.5
Effective
05/06/26
; and
(k)
Section 72-6-121
.
3-12-26 1:44 PM