Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                            H.B. 186
Approved for Filing: K.P. Gasser 6                                nd
                                                                        2 Sub. (Gray)
         6 02-11-24 12:29 PM 6
                         Senator Luz Escamilla proposes the following substitute bill:
                            LICENSE PLATE REQUIREMENTS
                                     2024 GENERAL SESSION
                                          STATE OF UTAH
                             Chief Sponsor: Norman K Thurston
                               Senate Sponsor: Wayne A. Harper
 6
 LONG TITLE
 General Description:
        This bill repeals the personalized license plate program.
 Highlighted Provisions:
        This bill:
        < eliminates the personalized license plate program and prohibits the Motor Vehicle
 Division from accepting applications for new personalized license plates;
        < allows for an existing personalized license plate to remain valid; and
        < makes technical changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:                                                                 2 ndSub. H.B. 186
 AMENDS:
        41-1a-419, as last amended by Laws of Utah 2023, Chapter 33
        41-1a-1201, as last amended by Laws of Utah 2023, Chapters 33, 212, 219, 335, and
 372
        41-1a-1211, as last amended by Laws of Utah 2023, Chapter 33
     *HB0186S02*
       2nd Sub. (Gray) H.B. 186                                                   02-11-24 12:29 PM
 REPEALS AND REENACTS:
          41-1a-410, as last amended by Laws of Utah 1993, Chapter 222
 REPEALS:
          41-1a-411, as last amended by Laws of Utah 2020, Chapter 259
          41-1a-412, as renumbered and amended by Laws of Utah 1992, Chapter 1
31
 Be it enacted by the Legislature of the state of Utah:
          Section 1. Section 41-1a-410 is repealed and reenacted to read:
          41-1a-410. Eligibility for personalized plates.
          (1) In accordance with Section 41-1a-413, an individual that received a personalized
 license plate on or before May 1, 2024, may continue to use and renew the personalized license
 plate.
          (2) Beginning on May 1, 2024, the division may not accept an application for a new
 personalized license plate.
          Section 2. Section 41-1a-419 is amended to read:
          41-1a-419. Plate design -- Vintage vehicle certification and registration --
 Rulemaking.
          (1) (a) In accordance with Subsection (1)(b), the division shall determine the design
 and number of numerals or characters on a special group license plate.
          (b) (i) Except as provided in Subsection (1)(b)(ii), each special group license plate
 shall display:
          (A) the word Utah;
          (B) the name or identifying slogan of the special group;
          (C) a symbol decal not exceeding two positions in size representing the special group;
 and
          (D) the combination of letters, numbers, or both uniquely identifying the registered
 vehicle.
          (ii) The division, in consultation with the Utah State Historical Society, shall design
 the historical support special group license plate, which shall:
          (A) have a black background;
          (B) have white characters; and
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       02-11-24 12:29 PM                                                   2nd Sub. (Gray) H.B. 186
         (C) display the word Utah.
         (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 to be displayed upon the special group
 license plate.
         (b) A special group license plate symbol decal may not be redesigned:
         (i) unless the division receives a redesign fee established by the division under Section
 63J-1-504; and
         (ii) more frequently than every five years.
         (c) 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 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) Subject to Subsection 41-1a-411(4)(a), 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)] (4) 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 3. Section 41-1a-1201 is amended to read:
         41-1a-1201. Disposition of fees.
         (1) All fees received and collected under this part shall be transmitted daily to the state
 treasurer.
         (2) Except as provided in Subsections (3), (5), (6), (7), (8), and (9) and Sections
 41-1a-1205, 41-1a-1220, 41-1a-1221, 41-1a-1222, 41-1a-1223, and 41-1a-1603, all fees
 collected under this part shall be deposited into the Transportation Fund.
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        2nd Sub. (Gray) H.B. 186                                                  02-11-24 12:29 PM
         (3) Funds generated under Subsections 41-1a-1211(1)(b)(ii), [(6)(b)(ii), (7), and (9)]
 (4)(b)(ii), (5), and (7), and Section 41-1a-1212 shall be deposited into the License Plate
 Restricted Account created in Section 41-1a-122.
         (4) (a) Except as provided in Subsections (3) and (4)(b) and Section 41-1a-1205, the
 expenses of the commission in enforcing and administering this part shall be provided for by
 legislative appropriation from the revenues of the Transportation Fund.
         (b) Three dollars of the registration fees imposed under Subsections 41-1a-1206(2)(a)
 and (b) for each vehicle registered for a six-month registration period under Section
 41-1a-215.5 may be used by the commission to cover the costs incurred in enforcing and
 administering this part.
         (c) Fifty cents of the registration fee imposed under Subsection 41-1a-1206(1)(i) for
 each vintage vehicle that has a model year of 1981 or newer may be used by the commission to
 cover the costs incurred in enforcing and administering this part.
         (5) (a) The following portions of the registration fees imposed under Section
 41-1a-1206 for each vehicle shall be deposited into the Transportation Investment Fund of
 2005 created in Section 72-2-124:
         (i) $30 of the registration fees imposed under Subsections 41-1a-1206(1)(a), (1)(b),
 (1)(f), (4), and (7);
         (ii) $21 of the registration fees imposed under Subsections 41-1a-1206(1)(c)(i) and
 (1)(c)(ii);
         (iii) $2.50 of the registration fee imposed under Subsection 41-1a-1206(1)(e)(ii);
         (iv) $23 of the registration fee imposed under Subsection 41-1a-1206(1)(d)(i);
         (v) $24.50 of the registration fee imposed under Subsection 41-1a-1206(1)(e)(i); and
         (vi) $1 of the registration fee imposed under Subsection 41-1a-1206(1)(d)(ii).
         (b) The following portions of the registration fees collected for each vehicle registered
 for a six-month registration period under Section 41-1a-215.5 shall be deposited into the
 Transportation Investment Fund of 2005 created in Section 72-2-124:
         (i) $23.25 of each registration fee collected under Subsection 41-1a-1206(2)(a)(i); and
         (ii) $23 of each registration fee collected under Subsection 41-1a-1206(2)(a)(ii).
         (6) (a) Ninety-four cents of each registration fee imposed under Subsections
 41-1a-1206(1)(a) and (b) for each vehicle shall be deposited into the Public Safety Restricted
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        02-11-24 12:29 PM                                                 2nd Sub. (Gray) H.B. 186
 Account created in Section 53-3-106.
        (b) Seventy-one cents of each registration fee imposed under Subsections
 41-1a-1206(2)(a) and (b) for each vehicle registered for a six-month registration period under
 Section 41-1a-215.5 shall be deposited into the Public Safety Restricted Account created in
 Section 53-3-106.
        (7) (a) One dollar of each registration fee imposed under Subsections 41-1a-1206(1)(a)
 and (b) for each vehicle shall be deposited into the Motor Vehicle Safety Impact Restricted
 Account created in Section 53-8-214.
        (b) One dollar of each registration fee imposed under Subsections 41-1a-1206(2)(a)
 and (b) for each vehicle registered for a six-month registration period under Section
 41-1a-215.5 shall be deposited into the Motor Vehicle Safety Impact Restricted Account
 created in Section 53-8-214.
        (8) Fifty cents of each registration fee imposed under Subsection 41-1a-1206(1)(a) for
 each motorcycle shall be deposited into the Neuro-Rehabilitation Fund created in Section
 26B-1-319.
        (9) (a) Beginning on January 1, 2024, subject to Subsection (9)(b), $2 of each
 registration fee imposed under Section 41-1a-1206 shall be deposited into the Rural
 Transportation Infrastructure Fund created in Section 72-2-133.
        (b) Beginning on January 1, 2025, and each January 1 thereafter, the amount described
 in Subsection (9)(a) shall be annually adjusted by taking the amount deposited the previous
 year and adding an amount equal to the greater of:
        (i) an amount calculated by multiplying the amount deposited by the previous year by
 the actual percentage change during the previous fiscal year in the Consumer Price Index; and
        (ii) 0.
        (c) The amounts calculated as described in Subsection (9)(b) shall be rounded up to the
 nearest 1 cent.
        Section 4. Section 41-1a-1211 is amended to read:
        41-1a-1211. License plate fees -- Application fees for issuance and renewal of
 personalized and special group license plates -- Replacement fee for license plates --
 Postage fees.
        (1) (a) Except as provided in Subsections [(11), (12), (13), and (14),] (9), (10), and
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        2nd Sub. (Gray) H.B. 186                                                    02-11-24 12:29 PM
 (11), a license plate fee established in accordance with Section 63J-1-504 shall be paid to the
 division for the issuance of any new license plate under Part 4, License Plates and Registration
 Indicia.
        (b) The license plate fee shall be deposited as follows:
        (i) $1 in the Transportation Fund; and
        (ii) the remainder of the fee charged under Subsection (1)(a) into the License Plate
 Restricted Account, as provided in Section 41-1a-1201.
        [(2) An applicant for original issuance of personalized license plates issued under
 Section 41-1a-410 shall pay a $50 per set license plate application fee in addition to the fee
 required in Subsection (1).]
        [(3)] (2) Beginning July 1, 2003, a person who applies for a special group license plate
 shall pay a $5 fee for the original set of license plates in addition to the fee required under
 Subsection (1).
        [(4) An applicant for original issuance of personalized special group license plates
 shall pay the license plate application fees required in Subsection (2) in addition to the license
 plate fees and license plate application fees established under Subsections (1) and (3).]
        [(5)] (3) An applicant for renewal of personalized license plates issued under Section
 41-1a-410 shall pay a $10 per set application fee.
        [(6)] (4) (a) The division may charge a fee established under Section 63J-1-504 to
 recover the costs for the replacement of any license plate issued under Part 4, License Plates
 and Registration Indicia.
        (b) The license plate fee shall be deposited as follows:
        (i) $1 in the Transportation Fund; and
        (ii) the remainder of the fee charged under Subsection [(6)(a)] (4)(a) into the License
 Plate Restricted Account, as provided in Section 41-1a-1201.
        [(7)] (5) (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)] (5)(a) shall be deposited into the License
 Plate Restricted Account as described in Section 41-1a-1201.
        [(8)] (6) The division may charge a fee established under Section 63J-1-504 to recover
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        02-11-24 12:29 PM                                                     2nd Sub. (Gray) H.B. 186
 the cost of issuing stickers under Section 41-1a-416.
           [(9)] (7) In addition to any other fees required by this section, the division shall assess a
 fee established under Section 63J-1-504 to cover postage expenses if new or replacement
 license plates are mailed to the applicant.
           [(10)] (8) The fees required under this section are separate from and in addition to
 registration fees required under Section 41-1a-1206.
           [(11)] (9) (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)] (2), and (5).
           [(12)] (10) A person is exempt from the fee under Subsection (1) or [(6)] (4) if the
 person:
           (a) was issued a clean fuel special group license plate in accordance with Section
 41-1a-418 prior to the effective date of rules made by the Department of Transportation under
 Subsection 41-6a-702(5)(b);
           (b) beginning on the effective date of rules made by the Department of Transportation
 authorized under Subsection 41-6a-702(5)(b), is no longer eligible for a clean fuel special
 group license plate under the rules made by the Department of Transportation; and
           (c) upon renewal or reissuance, is required to replace the clean fuel special group
 license plate with a new license plate.
           [(13)] (11) 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,
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       2nd Sub. (Gray) H.B. 186                                             02-11-24 12:29 PM
 issued by the National Personnel Records Center.
        Section 5. Repealer.
        This bill repeals:
        Section 41-1a-411, Application for personalized plates -- Refusal authorized.
        Section 41-1a-412, Design of personalized plates.
        Section 6. Effective date.
        This bill takes effect on May 1, 2024.
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Statutes affected: 
Introduced: 
H.B. 186 2nd Substitute (Not Adopted) Text: 
H.B. 186 1st Substitute (Not Adopted) Text: 
Amended: 