Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 38 (2017GS)

Sponsor

Sen. Harper, W.

Final action

Governor Signed 3/15/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• allows the division to issue a second license plate to an owner or operator of an apportioned vehicle; and
• makes technical changes.

Every vote on this bill

Bill text

SPECIALIZED LICENSE PLATE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor: 
Ken Ivory
LONG TITLE
General Description:
This bill amends provisions related to license plates on apportioned vehicles.
Highlighted Provisions:
This bill:
▸ allows the division to issue a second license plate to an owner or operator of an
apportioned vehicle; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-1a-222
, as last amended by Laws of Utah 2005, Chapters 217 and 244
41-1a-301
, as last amended by Laws of Utah 2015, Chapter 412
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-1a-222
 is amended to read:
41-1a-222.
Application for multiyear registration -- Payment of taxes -- Penalties.
(1) The owner of any intrastate fleet of commercial vehicles which is based in the state
may apply to the commission for registration in accordance with this section.
(a) The application shall be made on a form prescribed by the commission.
(b) Upon payment of required fees and meeting other requirements prescribed by the
commission, the division shall issue, to each vehicle for which application has been made, a
multiyear license plate and registration card.
(i) The license plate decal and the registration card shall bear an expiration date fixed
by the division and are valid until ownership of the vehicle to which they are issued is
transferred by the applicant or until the expiration date, whichever comes first.
(ii) An annual renewal application must be made by the owner if registration
identification has been issued on an annual installment fee basis and the required fees must be
paid on an annual basis.
(iii) License plates and registration cards issued pursuant to this section are valid for an
eight-year period, commencing with the year of initial application in this state.
(c) When application for registration or renewal is made on an installment payment
basis, the applicant shall submit acceptable evidence of a surety bond in a form, and with a
surety, approved by the commission and in an amount equal to the total annual fees required
for all vehicles registered to the applicant in accordance with this section.
(2) Each vehicle registered as part of a fleet of commercial vehicles must be titled in
the name of the fleet.
(3) Each owner who registers fleets pursuant to this section shall pay the taxes or in
lieu fees otherwise due pursuant to:
(a) Section 
41-1a-206
;
(b) Section 
41-1a-207
;
(c) Subsection 
41-1a-301
[
(11)
]
(12)
;
(d) Section 
59-2-405.1
;
(e) Section 
59-2-405.2
; or
(f) Section 
59-2-405.3
.
(4) An owner who fails to comply with the provisions of this section is subject to the
penalties in Section 
41-1a-1301
 and, if the commission so determines, will result in the loss of
the privileges granted in this section.
Section 2. Section 
41-1a-301
 is amended to read:
41-1a-301.
Apportioned registration and licensing of interstate vehicles.
(1) For purposes of this section, "registrant" means an owner or operator of one or
more commercial vehicles operating in two or more jurisdictions applying for apportioned
registration and licensing of a commercial vehicle.
[
(1)
] 
(2)
 (a) An owner or operator of a fleet of commercial vehicles based in this state
and operating in two or more jurisdictions may register commercial vehicles for operation
under the International Registration Plan or the Uniform Vehicle Registration Proration and
Reciprocity Agreement by filing an application with the division.
(b) The application shall include information that identifies the vehicle owner, the
vehicle, the miles traveled in each jurisdiction, and other information pertinent to the
registration of apportioned vehicles.
(c) [
Vehicles
] 
The division may not grant apportioned registration for vehicles
operated exclusively in this state [
may not be apportioned
].
[
(2)
] 
(3)
 (a) If no operations were conducted during the preceding year
, 
in computing
fees due:
(i)
 the application shall contain a statement of the proposed operations
;
 and [
an
estimate of annual mileage for each jurisdiction. (b) The division may adjust the estimate if the
division is not satisfied with its correctness.
]
(ii) the division shall determine fees based on average per vehicle distance
requirements under the International Registration Plan.
[
(c)
] 
(b)
 At renewal, the registrant shall use the actual mileage from the preceding year
in computing fees due each jurisdiction.
[
(3)
] 
(4)
 The 
division shall determine the
 registration fee for apportioned vehicles
[
shall be determined
] as follows:
(a) divide the in-jurisdiction miles by the total miles generated during the preceding
year;
(b) total the fees for each vehicle based on the fees prescribed in Section 
41-1a-1206
;
and
(c) multiply the sum obtained under Subsection [
(3)
] 
(4)
(b) by the quotient obtained
under Subsection [
(3)
] 
(4)
(a).
[
(4) Trailers
] 
(5) The registrant may list trailers
 or semitrailers of apportioned fleets
[
may be listed
] separately as "trailer fleets" 
on the application,
 with the fees paid according to
the total distance those trailers were towed in all jurisdictions during the preceding year
mileage reporting period.
[
(5)
] 
(6)
 (a) (i) When the 
registrant has paid the
 proper fees [
have been paid
] and
cleared
 the property tax or in lieu fee [
has been cleared
] under Section 
41-1a-206
 or 
41-1a-207
,
the division shall issue
 a registration card, annual decal, and where necessary, license plate,
[
will be issued
] for each unit listed on the application.
(ii) [
An
] 
The owner or operator shall carry an
 original registration [
must be carried
] in
each vehicle at all times.
(b) [
Original
] 
The owner or operator may carry original
 registration cards for trailers or
semitrailers [
may be carried
] in the power unit.
(c) (i) In lieu of a permanent registration card or license plate, the division may issue
one temporary permit authorizing operation of new or unlicensed vehicles until the permanent
registration is completed.
(ii) Once a temporary permit is issued[
, the
]
:
(A) neither the registrant nor the division may cancel the
 registration process [
may not
be cancelled. Registration must be completed
]
; and
(B) the division shall complete registration
 and the 
registrant shall pay the
 fees and any
property tax or in lieu fee due [
must be paid
] for the vehicle for which the permit was issued.
(iii) [
Temporary
] 
The division may not issue temporary
 permits [
may not be issued
] for
renewals.
(d) (i) The division shall issue one distinctive license plate [
that displays the letters
APP
] for apportioned vehicles.
(ii) The 
owner or operator shall display the
 plate [
shall be displayed
] on the front of an
apportioned truck tractor or power unit or on the rear of any 
other
 apportioned vehicle.
(iii) [
Distinctive
] 
The division shall issue distinctive
 decals displaying the word
"apportioned" and the month and year of expiration [
shall be issued
] for each apportioned
vehicle.
(iv) At the request of a registrant of an apportioned vehicle, the division may issue a
second license plate, for a total of two, to display on both the front and rear of the apportioned
vehicle.
(e) [
A
] 
The division shall charge a
 nonrefundable administrative fee, determined by the
commission pursuant to Section 
63J-1-504
, [
shall be charged
] for each temporary permit,
registration, or both.
[
(6)
] 
(7)
 Vehicles that are apportionally registered are fully registered for intrastate and
interstate movements, providing the 
registrant has secured
 proper interstate and intrastate
authority [
has been secured
].
[
(7) (a) Vehicles
] 
(8) (a) The division shall register vehicles
 added to an apportioned
fleet after the beginning of the registration year [
shall be registered
] by applying the quotient
under Subsection [
(3)
] 
(4)
(a) for the original application to the fees due for the remainder of the
registration year.
(b) (i) The owner shall maintain and submit complete annual mileage for each vehicle
in each jurisdiction, showing all miles operated by the lessor and lessee.
(ii) The fiscal mileage reporting period begins July 1, and continues through June 30 of
the year immediately preceding the calendar year in which the registration year begins.
(c) (i) An owner-operator, who is a lessor, may [
be the registrant and
] 
register
 the
vehicle [
may be registered
] in the name of the owner-operator.
(ii) The identification plates and registration card shall be the property of the lessor and
may reflect both the owner-operator's name and that of the carrier as lessee.
(iii) The [
allocation of fees shall be
] 
division shall allocate the fees
 according to the
operational records of the owner-operator.
(d) (i) [
The
] 
At the option of the lessor, the
 lessee may [
be the registrant of
] 
register
 a
leased vehicle [
at the option of the lessor
].
(ii) If a lessee is the registrant of a leased vehicle, both the lessor's and lessee's name
shall appear on the registration.
(iii) The [
allocation of fees shall be
] 
division shall allocate the fees
 according to the
records of the carrier.
[
(8) (a) Any registrant whose
]
(9) (a) When the division has accepted an
 application for apportioned registration [
has
been accepted
]
, the registrant
 shall preserve the records on which the application is based for a
period of three years after the close of the registration year.
(b) [
The records shall be made available to the division upon
] 
Upon
 request for audit
as to accuracy of computations, payments, and assessments for deficiencies, or allowances for
credits
, the registrant shall provide the records to the division
.
(c) [
An
] 
The division may not make an
 assessment for deficiency or claim for credit
[
may not be made
] for any period for which records are no longer required.
(d) [
Interest
] 
The division may assess interest
 in the amount prescribed by Section
59-1-402
 [
shall be assessed or paid
] from the date due until paid on deficiencies found due
after audit.
(e) Registrants with deficiencies are subject to the penalties under Section 
59-1-401
.
(f) The division may enter into agreements with other International Registration Plan
jurisdictions for joint audits.
[
(9)
] 
(10)
 (a) Except as provided in Subsection [
(9)
] 
(10)
(b), 
the division shall deposit
all state fees collected under this section [
shall be deposited
] in the Transportation Fund.
(b) The 
commission may use the
 following fees [
may be used by the commission
] as a
dedicated credit to cover the costs of electronic credentialing as provided in Section 
41-1a-303
:
(i) $5 of each temporary registration permit fee paid under Subsection [
(12)
] 
(13)
(a)(i)
for a single unit; and
(ii) $10 of each temporary registration permit fee paid under Subsection [
(12)
]
(13)
(a)(ii) for multiple units.
[
(10)
] 
(11)
 If registration is for less than a full year, 
the division shall assess
 fees for
apportioned registration [
shall be assessed
] according to Section 
41-1a-1207
.
(a) (i) If the registrant is replacing a vehicle for one withdrawn from the fleet and the
new vehicle is of the same weight category as the replaced vehicle, the registrant [
must
] 
shall
file a supplemental application.
[
(ii) A registration card that transfers the license plate to the new vehicle shall be
issued.
]
[
(iii) When a replacement vehicle is of greater weight than the replaced vehicle,
additional registration fees are due.
]
(ii) If the registrant is replacing a vehicle for one withdrawn from the fleet and the new
vehicle is heavier than the replaced vehicle, the division shall assess additional registration
fees.
(iii) If the registrant is replacing a vehicle for one withdrawn from the fleet, the
division shall issue a new registration card.
(b) If a vehicle is withdrawn from an apportioned fleet during the period for which it is
registered, the registrant shall notify the division and surrender the registration card and license
plate of the withdrawn vehicle.
[
(11)
] 
(12)
 (a) An out-of-state carrier with an apportionally registered vehicle who has
not presented a certificate of property tax or in lieu fee as required by Section 
41-1a-206
 or
41-1a-207
, shall pay, at the time of registration, a proportional part of an equalized highway
use tax computed as follows:
(i) Multiply the number of vehicles or combination vehicles registered in each weight
class by the equivalent tax figure from the following tables:
Vehicle or Combination
 Registered Weight
Age of Vehicle
Equivalent Tax
12,000 pounds or less
or more years
$10
12,000 pounds or less
or more years but less than 12 years
$50
12,000 pounds or less
or more years but less than 9 years
$80
12,000 pounds or less
or more years but less than 6 years
$110
12,000 pounds or less
Less than 3 years
$150
Vehicle or Combination
 Registered Weight
Equivalent
 Tax
12,001 - 18,000 pounds
$150
18,001 - 34,000 pounds
34,001 - 48,000 pounds
48,001 - 64,000 pounds
64,001 pounds and over
(ii) Multiply the equivalent tax value for the total fleet determined under Subsection
[
(11)
] 
(12)
(a)(i) by the fraction computed under Subsection [
(3)
] 
(4)
 for the apportioned fleet
for the registration year.
(b) [
Fees shall be assessed
] 
For registration described in Subsection (12)(a), the
division shall assess fees
 as provided in Section 
41-1a-1207
.
[
(12)
] 
(13)
 (a) Commercial vehicles meeting the registration requirements of another
jurisdiction may, as an alternative to full or apportioned registration, secure a temporary
registration permit for a period not to exceed 96 hours or until they leave the state, whichever is
less, for a fee of:
(i) $25 for a single unit; and
(ii) $50 for multiple units.
(b) A state temporary permit or registration fee is not required from nonresident owners
or operators of vehicles or combination of vehicles having a gross laden weight of 26,000
pounds or less for each single unit or combination.
[
(13) A
] 
(14) The division may not register a
 park model recreational vehicle [
may not
be registered
] under this section.
[
(14)
] 
(15)
 A violation of this section is an infraction.