Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 71 Fourth Substitute (2018GS)

Sponsor

Sen. Niederhauser, W.

Final action

Governor Signed 3/19/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• allows the Department of Transportation to:
• mail correspondence to inform the owner of a motor vehicle of an unpaid toll or penalty for failing to pay a toll;
• impose a penalty for failure to pay a toll;
• use camera and video technology to monitor a tollway; and
• request a hold on the registration of a motor vehicle if the owner has failed to pay a toll or penalty associated with the motor vehicle;
• removes certain restrictions on the Department of Transportation's ability to establish a tollway on an existing highway;
• allows the Department of Transportation to establish a tollway on an existing highway if approved by the Transportation Commission;
• requires the Department of Transportation and the Division of Motor Vehicles to share information pertinent to registration and toll enforcement;
• requires the Department of Transportation to make rules related to tollways and the amount of a penalty for failure to pay a toll;
• allows the retention of license plate data for toll and penalty collection purposes;
• requires a study to develop strategies to collect a toll or penalty from the owner of a motor vehicle from outside this state or from the driver of a short term rental vehicle operated on a tollway; and
• makes technical changes.

Every vote on this bill

Bill text

ROAD TOLLS PROVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne L. Niederhauser
House Sponsor: 
Mike Schultz
LONG TITLE
General Description:
This bill modifies provisions related to the imposition and collection of tolls on certain
roads.
Highlighted Provisions:
This bill:
▸ allows the Department of Transportation to:
• mail correspondence to inform the owner of a motor vehicle of an unpaid toll or
penalty for failing to pay a toll;
• impose a penalty for failure to pay a toll;
• use camera and video technology to monitor a tollway; and
• request a hold on the registration of a motor vehicle if the owner has failed to
pay a toll or penalty associated with the motor vehicle;
▸ removes certain restrictions on the Department of Transportation's ability to
establish a tollway on an existing highway;
▸ allows the Department of Transportation to establish a tollway on an existing
highway if approved by the Transportation Commission;
▸ requires the Department of Transportation and the Division of Motor Vehicles to
share information pertinent to registration and toll enforcement;
▸ requires the Department of Transportation to make rules related to tollways and the
amount of a penalty for failure to pay a toll;
▸ allows the retention of license plate data for toll and penalty collection purposes;
▸ requires a study to develop strategies to collect a toll or penalty from the owner of a
motor vehicle from outside this state or from the driver of a short term rental vehicle
operated on a tollway; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-1a-203
, as last amended by Laws of Utah 2017, Chapter 406
41-6a-2004
, as last amended by Laws of Utah 2014, Chapter 276
72-2-120
, as last amended by Laws of Utah 2011, Chapter 303
72-6-118
, as last amended by Laws of Utah 2010, Chapter 278
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-1a-203
 is amended to read:
41-1a-203.
Prerequisites for registration, transfer of ownership, or registration
renewal.
(1) Except as otherwise provided, before registration of a vehicle, an owner shall:
(a) obtain an identification number inspection under Section 
41-1a-204
;
(b) obtain a certificate of emissions inspection, if required in the current year, as
provided under Section 
41-6a-1642
;
(c) pay property taxes, the in lieu fee, or receive a property tax clearance under Section
41-1a-206
 or 
41-1a-207
;
(d) pay the automobile driver education tax required by Section 
41-1a-208
;
(e) pay the applicable registration fee under Part 12, Fee and Tax Requirements;
(f) pay the uninsured motorist identification fee under Section 
41-1a-1218
, if
applicable;
(g) pay the motor carrier fee under Section 
41-1a-1219
, if applicable;
(h) pay any applicable local emissions compliance fee under Section 
41-1a-1223
; and
(i) pay the taxes applicable under Title 59, Chapter 12, Sales and Use Tax Act.
(2) In addition to the requirements in Subsection (1), an owner of a vehicle that has not
been previously registered or that is currently registered under a previous owner's name shall
apply for a valid certificate of title in the owner's name before registration.
(3) The division may not issue a new registration, transfer of ownership, or registration
renewal under Section 
73-18-7
 for a vessel or outboard motor that is subject to this chapter
unless a certificate of title has been or is in the process of being issued in the same owner's
name.
(4) The division may not issue a new registration, transfer of ownership, or registration
renewal under Section 
41-22-3
 for an off-highway vehicle that is subject to this chapter unless
a certificate of title has been or is in the process of being issued in the same owner's name.
(5) The division may not issue a registration renewal for a motor vehicle if the division
has received a hold request as described in Section 
72-6-118
 involving the motor vehicle for
which a registration renewal has been requested.
Section 2. Section 
41-6a-2004
 is amended to read:
41-6a-2004.
Captured plate data -- Preservation and disclosure.
(1) Captured plate data obtained for the purposes described in Section 
41-6a-2003
:
(a) in accordance with Section 
63G-2-305
, is a protected record under Title 63G,
Chapter 2, Government Records Access and Management Act, if the captured plate data is
maintained by a governmental entity;
(b) may not be used or shared for any purpose other than the purposes described in
Section 
41-6a-2003
;
(c) 
except as provided in Subsection (3),
 may not be preserved for more than nine
months by a governmental entity except pursuant to:
(i) a preservation request under Section 
41-6a-2005
;
(ii) a disclosure order under Subsection 
41-6a-2005
(2); or
(iii) a warrant issued under the Utah Rules of Criminal Procedure or an equivalent
federal warrant; and
(d) may only be disclosed:
(i) in accordance with the disclosure requirements for a protected record under Section
63G-2-202
;
(ii) pursuant to a disclosure order under Subsection 
41-6a-2005
(2); or
(iii) pursuant to a warrant issued under the Utah Rules of Criminal Procedure or an
equivalent federal warrant.
(2) (a) A governmental entity that is authorized to use an automatic license plate reader
system under this part may not sell captured plate data for any purpose.
(b) A governmental entity that is authorized to use an automatic license plate reader
system under this part may not share captured plate date for a purpose not authorized under
Subsection 
41-6a-2003
(2).
(c) Notwithstanding the provisions of this section, a governmental entity may preserve
and disclose aggregate captured plate data for planning and statistical purposes if the
information identifying a specific license plate is not preserved or disclosed.
(3) Plate data collected in accordance with Section 
72-6-118
 may be preserved so long
as necessary to collect the payment of a toll or penalty imposed in accordance with Section
72-6-118
 and the nine-month preservation limitation described in Subsection (1)(c) shall not
apply.
Section 3. Section 
72-2-120
 is amended to read:
72-2-120.
Tollway Special Revenue Fund -- Revenue.
(1) There is created a special revenue fund within the Transportation Fund known as
the "Tollway Special Revenue Fund."
(2) The fund shall be funded from the following sources:
(a) tolls collected by the department under Section 
72-6-118
;
(b) funds received by the department through a tollway development agreement under
Section 
72-6-203
;
(c) appropriations made to the fund by the Legislature;
(d) contributions from other public and private sources for deposit into the fund;
(e) interest earnings on cash balances; and
(f) money collected for repayments and interest on fund money.
(3) The Division of Finance [
shall
] 
may
 create a subaccount for each tollway as defined
in Section 
72-6-118
.
(4) The commission may authorize the money deposited into the fund to be spent by
the department to establish and operate tollways and related facilities 
and state transportation
systems
, including design, construction, reconstruction, operation, maintenance, enforcement,
impacts from tollways, and the acquisition of right-of-way.
Section 4. Section 
72-6-118
 is amended to read:
72-6-118.
Definitions -- Establishment and operation of tollways -- Imposition
and collection of tolls -- Amount of tolls -- Rulemaking.
(1) As used in this section:
(a) "High occupancy toll lane" means a high occupancy vehicle lane designated under
Section 
41-6a-702
 that may be used by an operator of a vehicle carrying less than the number
of persons specified for the high occupancy vehicle lane if the operator of the vehicle pays a
toll or fee.
(b) "Toll" means any tax, fee, or charge assessed for the specific use of a tollway.
(c) "Toll lane" means a designated new highway or additional lane capacity that is
constructed, operated, or maintained for which a toll is charged for its use.
(d) (i) "Tollway" means a highway, highway lane, bridge, path, tunnel, or right-of-way
designed and used as a transportation route that is constructed, operated, or maintained through
the use of toll revenues.
(ii) "Tollway" includes a high occupancy toll lane and a toll lane.
(e) "Tollway development agreement" has the same meaning as defined in Section
72-6-202
.
(2) Subject to the provisions of Subsection (3), the department may:
(a) establish, expand, and operate tollways and related facilities for the purpose of
funding in whole or in part the acquisition of right-of-way and the design, construction,
reconstruction, operation, enforcement, and maintenance of or impacts from a transportation
route for use by the public;
(b) enter into contracts, agreements, licenses, franchises, tollway development
agreements, or other arrangements to implement this section;
(c) impose and collect tolls on any tollway established under this section
, including
collection of past due payment of a toll or penalty
; [
and
]
(d) grant exclusive or nonexclusive rights to a private entity to impose and collect tolls
pursuant to the terms and conditions of a tollway development agreement[
.
]
;
(e) use technology to automatically monitor a tollway and collect payment of a toll,
including:
(i) license plate reading technology; and
(ii) photographic or video recording technology; and
(f) in accordance with Subsection (5), request that the Division of Motor Vehicles deny
a request for registration of a motor vehicle if the motor vehicle owner has failed to pay a toll
or penalty imposed for usage of a tollway involving the motor vehicle for which registration
renewal has been requested.
[
(3) (a) Except as provided under Subsection (3)(d), the department or other entity may
not establish or operate a tollway on an existing state highway, except as approved by the
commission and the Legislature.
]
[
(b) Between sessions of the Legislature, a state tollway may be designated or deleted
if:
]
[
(i) approved by the commission in accordance with the standards made under this
section; and
]
[
(ii) the tollways are submitted to the Legislature in the next year for legislative
approval or disapproval.
]
[
(c) In conjunction with a proposal submitted under Subsection (3)(b)(ii), the
department shall provide a description of the tollway project, projected traffic, the anticipated
amount of tolls to be charged, and projected toll revenue.
]
[
(d) If approved by the commission, the department may:
]
[
(i) establish high occupancy toll lanes on existing state highways; and
]
[
(ii) establish tollways on new state highways or additional capacity lanes.
]
(3) (a) The department may establish or operate a tollway on an existing highway if
approved by the commission in accordance with the terms of this section.
(b) To establish a tollway on an existing highway, the department shall submit a
proposal to the commission including:
(i) a description of the tollway project;
(ii) projected traffic on the tollway;
(iii) the anticipated amount of the toll to be charged; and
(iv) projected toll revenue.
(4) (a) For a tollway established under this section, the department may:
(i) according to the terms of each tollway, impose the toll upon the owner of a motor
vehicle using the tollway according to the terms of the tollway;
(ii) send correspondence to the owner of the motor vehicle to inform the owner of:
(A) an unpaid toll and the amount of the toll to be paid to the department;
(B) the penalty for failure to pay the toll timely; and
(C) a hold being placed on the owner's registration for the motor vehicle if the toll and
penalty are not paid timely, which would prevent the renewal of the motor vehicle's
registration;
(iii) require that the owner of the motor vehicle pay the toll to the department within 30
days of the date when the department sends written notice of the toll to the owner; and
(iv) impose a penalty for failure to pay a toll timely.
(b) The department shall mail the correspondence and notice described in Subsection
(4)(a) to the owner of the motor vehicle according to the terms of a tollway.
(5) (a) The Division of Motor Vehicles and the department shall share and provide
access to information pertaining to a motor vehicle and tollway enforcement including:
(i) registration and ownership information pertaining to a motor vehicle;
(ii) information regarding the failure of a motor vehicle owner to timely pay a toll or
penalty imposed under this section; and
(iii) the status of a request for a hold on the registration of a motor 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, if the owner of the motor vehicle has failed to pay a toll or
penalty imposed under this section for usage of a tollway involving the motor vehicle for which
registration renewal has been requested until the department withdraws the hold request.
[
(4)
] 
(6)
 (a) Except as provided in Subsection [
(4)
] 
(6)
(b), in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act, the commission shall:
(i) set the amount of any toll imposed or collected on a tollway on a state highway; and
(ii) for tolls established under Subsection [
(4)
] 
(6)
(b), set:
(A) an increase in a toll rate or user fee above an increase specified in a tollway
development agreement; or
(B) an increase in a toll rate or user fee above a maximum toll rate specified in a
tollway development agreement.
(b) A toll or user fee and an increase to a toll or user fee imposed or collected on a
tollway on a state highway that is the subject of a tollway development agreement shall be set
in the tollway development agreement.
[
(5)
] 
(7)
 (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the department shall make rules:
(i) necessary to establish and operate tollways on state highways; [
and
]
(ii) that establish standards and specifications for automatic tolling systems 
and
automatic tollway monitoring technology; and
(iii) to set the amount of a penalty for failure to pay a toll under this section
.
(b) The rules shall:
(i) include minimum criteria for having a tollway; and
(ii) conform to regional and national standards for automatic tolling.
[
(6)
] 
(8)
 (a) The commission may provide funds for public or private tollway pilot
projects or high occupancy toll lanes from General Fund money appropriated by the Legislature
to the commission for that purpose.
(b) The commission may determine priorities and funding levels for tollways
designated under this section.
[
(7)
] 
(9)
 (a) Except as provided in Subsection [
(7)
] 
(9)
(b), all revenue generated from a
tollway on a state highway shall be deposited into the Tollway Special Revenue Fund created
in Section 
72-2-120
 and used for acquisition of right-of-way and the design, construction,
reconstruction, operation, maintenance, enforcement of 
state
 transportation 
systems and
facilities, 
including operating improvements to the tollway,
 and other facilities used exclusively
for the operation of a tollway facility within the corridor served by the tollway.
(b) Revenue generated from a tollway that is the subject of a tollway development
agreement shall be deposited into the Tollway Special Revenue Fund and used in accordance
with Subsection [
(7)
] 
(9)
(a) unless:
(i) the revenue is to a private entity through the tollway development agreement; or
(ii) the revenue is identified for a different purpose under the tollway development
agreement.
(10) Data described in Subsection (2)(e) obtained for the purposes of this section:
(a) in accordance with Section 
63G-2-305
, is a protected record under Title 63G,
Chapter 2, Government Records Access and Management Act, if the photographic or video
data is maintained by a governmental entity;
(b) may not be used or shared for any purpose other than the purposes described in this
section;
(c) may only be preserved:
(i) so long as necessary to collect the payment of a toll or penalty imposed in
accordance with this section; or
(ii) pursuant to a warrant issued under the Utah Rules of Criminal Procedure or an
equivalent federal warrant; and
(d) may only be disclosed:
(i) in accordance with the disclosure requirements for a protected record under Section
63G-2-202
; or
(ii) pursuant to a warrant issued under the Utah Rules of Criminal Procedure or an
equivalent federal warrant.
(11) (a) The department may not sell for any purpose photographic or video data
captured under Subsection (2)(e)(ii).
(b) The department may not share captured photographic or video data for a purpose
not authorized under this section.
(12) Before November 1, 2018, the Driver License Division, the Division of Motor
Vehicles, and the department shall jointly study and report findings and recommendations to
the Transportation Interim Committee regarding the use of Title 53, Chapter 3, Part 6, Drivers'
License Compact, and other methods to collect a toll or penalty under this section from:
(a) an owner of a motor vehicle registered outside this state; or
(b) a driver or lessee of a motor vehicle leased or rented for 30 days or less.