Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 80 (2018GS)

Sponsor

Sen. Ipson, D.

Final action

Governor Signed 3/1/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• removes the requirement for a vehicle with an "EX" or "UHP" license plate to annually renew registration;
• allows certain exempt plates to remain valid as long as the vehicle is registered and in service by the owning entity;
• amends provisions requiring certain decals for exempt and apportioned license plates; and
• makes technical changes.

Every vote on this bill

Bill text

EXEMPT AND APPORTIONED LICENSE PLATE
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Don L. Ipson
House Sponsor: 
Kay J. Christofferson
LONG TITLE
General Description:
This bill amends provisions related to annual registration requirements for vehicles with
exempt and apportioned license plates.
Highlighted Provisions:
This bill:
▸ removes the requirement for a vehicle with an "EX" or "UHP" license plate to
annually renew registration;
▸ allows certain exempt plates to remain valid as long as the vehicle is registered and
in service by the owning entity;
▸ amends provisions requiring certain decals for exempt and apportioned license
plates; 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:
41-1a-216
, as last amended by Laws of Utah 2012, Chapter 397
41-1a-221
, as last amended by Laws of Utah 2015, Chapter 412
41-1a-301
, as last amended by Laws of Utah 2017, Chapter 24
41-1a-402
, as last amended by Laws of Utah 2016, Chapter 102
41-1a-407
, as last amended by Laws of Utah 2008, Chapter 382
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-1a-216
 is amended to read:
41-1a-216.
Renewal of registration.
(1) The division may receive applications for registration renewal and issue new
registration cards at any time prior to the expiration of the registration, subject to the
availability of renewal materials.
(2) (a) Except as provided in Subsections (2)(c) and (3), the new registration shall
retain the same expiration month as recorded on the original registration even if the registration
has expired.
(b) Except as provided in Subsection (2)(c), the year of registration expiration shall be
changed to reflect the renewed registration period.
(c) If the application for renewal of registration is for a six-month registration period
under Section 
41-1a-215.5
, the new registration shall be for a six-month registration period that
begins with the first day of the calendar month following the last day of the expiration month
of the previous registration period as recorded on the original registration even if the
registration has expired.
(3) Subsection (2) does not apply if the owner can verify to the satisfaction of the
division that the vehicle registration was not renewed prior to its expiration due to the fact that
the vehicle was in storage, inoperable, or otherwise out of service.
(4) If the registration renewal application is an application generated by the division
through its automated system, the owner need not surrender the last registration card or
duplicate.
(5) A vehicle with an "EX" or "UHP" license plate, owned by an entity described in
Section 
41-1a-407
, is exempt from registration renewal requirements.
Section 2. Section 
41-1a-221
 is amended to read:
41-1a-221.
Registration of vehicles of political subdivisions or state -- Expiration
of registration -- Certification of information -- Failure to comply.
(1) (a) An entity referred to in Subsection 
41-1a-407
(1) shall register [
by June 30 of
each year
] each vehicle that it owns, operates, or leases.
(b) This section does not apply to unmarked vehicles referred to in Section 
41-1a-407
[
,
which shall be registered by the expiration date on the registration card
].
[
(2) (a) The entity shall apply to the division to renew registration pursuant to Section
41-1a-217
.
]
[
(b) The division shall renew registration pursuant to Section 
41-1a-216
.
]
[
(3)
] 
(2)
 A registration card and license plate issued to an entity under this section 
or
Subsection 
41-1a-407
(1)
 are in full force and effect until[
:
] 
the vehicle is no longer owned or
operated by that entity.
[
(a) the registration expires;
]
[
(b) the vehicle is no longer owned or operated by that entity; or
]
[
(c) the division takes action as provided in Subsection (6).
]
[
(4)
] 
(3)
 (a) If the owner of a vehicle subject to the provisions of this section transfers
or assigns title or interest in the vehicle, the registration of that vehicle expires.
(b) The transferor shall remove the license plates and within 20 days from the date of
transfer
:
(i) destroy the license plates; or
(ii)
 forward [
them
] 
the license plates
 to the division to be destroyed.
[
(5) Each entity shall:
]
[
(a) account to the division annually for all "EX" license plates issued to it; and
]
[
(b) certify to the division that the information is correct.
]
[
(6) If an entity fails to comply with this section, the division may:
]
[
(a) refuse to renew the registration of its vehicles;
]
[
(b) refuse to issue it additional license plates;
]
[
(c) suspend all its vehicle registrations; and
]
[
(d) recall license plates issued to an entity refusing to comply with this section.
]
[
(7)
] 
(4)
 A violation of this section is an infraction.
Section 3. 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.
(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) The division may not grant apportioned registration for vehicles operated
exclusively in this state.
(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
(ii) the division shall determine fees based on average per vehicle distance
requirements under the International Registration Plan.
(b) At renewal, the registrant shall use the actual mileage from the preceding year in
computing fees due each jurisdiction.
(4) The division shall determine the registration fee for apportioned vehicles 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 (4)(b) by the quotient obtained under
Subsection (4)(a).
(5) The registrant may list trailers or semitrailers of apportioned fleets 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.
(6) (a) (i) When the registrant has paid the proper fees and cleared the property tax or
in lieu fee under Section 
41-1a-206
 or 
41-1a-207
, the division shall issue a registration card[
,
annual decal, and where necessary,
] 
and
 license plate[
,
] for each unit listed on the application.
(ii) The owner or operator shall carry an original registration in each vehicle at all
times.
(b) The owner or operator may carry original registration cards for trailers or
semitrailers 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:
(A) neither the registrant nor the division may cancel the registration process; and
(B) the division shall complete registration and the registrant shall pay the fees and any
property tax or in lieu fee due for the vehicle for which the permit was issued.
(iii) The division may not issue temporary permits for renewals.
(d) (i) The division shall issue one distinctive license plate for apportioned vehicles.
(ii) The owner or operator shall display the plate on the front of an apportioned truck
tractor or power unit or on the rear of any other apportioned vehicle.
(iii) 
(A)
 The division shall issue distinctive decals 
or a distinctive license plate
displaying the word "apportioned" [
and the month and year of expiration
] 
or the abbreviation
"APP"
 for each apportioned vehicle.
(B) A registrant of an apportioned vehicle is not required to display month or year
decals.
(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) The division shall charge a nonrefundable administrative fee, determined by the
commission pursuant to Section 
63J-1-504
, for each temporary permit, registration, or both.
(7) Vehicles that are apportionally registered are fully registered for intrastate and
interstate movements, providing the registrant has secured proper interstate and intrastate
authority.
(8) (a) The division shall register vehicles added to an apportioned fleet after the
beginning of the registration year by applying the quotient under Subsection (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 register the vehicle 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 division shall allocate the fees according to the operational records of the
owner-operator.
(d) (i) At the option of the lessor, the lessee may register a leased vehicle.
(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 division shall allocate the fees according to the records of the carrier.
(9) (a) When the division has accepted an application for apportioned registration, 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) 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) The division may not make an assessment for deficiency or claim for credit for any
period for which records are no longer required.
(d) The division may assess interest in the amount prescribed by Section 
59-1-402
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.
(10) (a) Except as provided in Subsection (10)(b), the division shall deposit all state
fees collected under this section in the Transportation Fund.
(b) The commission may use the following fees 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 (13)(a)(i) for a
single unit; and
(ii) $10 of each temporary registration permit fee paid under Subsection (13)(a)(ii) for
multiple units.
(11) If registration is for less than a full year, the division shall assess fees for
apportioned registration 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 shall file a
supplemental application.
(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.
(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
(12)(a)(i) by the fraction computed under Subsection (4) for the apportioned fleet for the
registration year.
(b) For registration described in Subsection (12)(a), the division shall assess fees as
provided in Section 
41-1a-1207
.
(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.
(14) The division may not register a park model recreational vehicle under this section.
(15) A violation of this section is an infraction.
Section 4. Section 
41-1a-402
 is amended to read:
41-1a-402.
Required colors, numerals, and letters -- Expiration.
(1) Each license plate shall have displayed on it:
(a) the registration number assigned to the vehicle for which it is issued;
(b) the name of the state; and
(c) 
unless exempted by Section 
41-1a-301
 or 
41-1a-407
,
 a registration decal showing
the date of expiration displayed in accordance with Subsection (6).
(2) If registration is extended by affixing a registration decal to the license plate, the
expiration date of the decal governs the expiration date of the license plate.
(3) Except as provided in Subsection (4), each original license plate that is not one of
the special group license plates issued under Section 
41-1a-418
 shall be:
(a) a statehood centennial license plate with the same color, design, and slogan as the
plates issued in conjunction with the statehood centennial;
(b) a Ski Utah license plate; or
(c) an In God We Trust license plate.
(4) Beginning on the date that the division determines the existing inventories of
statehood centennial license plates and Ski Utah license plates are exhausted, each license plate
that is not one of the special group license plates issued under Section 
41-1a-418
 shall:
(a) (i) display the "Life Elevated" slogan; and
(ii) have a color and design approved by the 57th Legislature in the 2007 General
Session that features:
(A) a skier with the "Greatest Snow on Earth" slogan; or
(B) Delicate Arch; [
or
]
(b) be an In God We Trust license plate[
.
]
; or
(c) beginning on the date that the division determines the existing inventories of decals
for an apportioned vehicle described in Section 
41-1a-301
 are exhausted, be a distinctive
license plate displaying the word "apportioned" or the abbreviation "APP."
(5) (a) Except as provided under Subsection 
41-1a-215
(2) 
and Section 
41-1a-216
,
license plates shall be renewed annually.
(b) (i) The division shall issue the vehicle owner a month decal and a year decal upon
the vehicle's first registration with the division.
(ii) The division shall issue the vehicle owner only a year decal upon subsequent
renewals of registration to validate registration renewal.
(6) The decals issued in accordance with Subsection (5) shall be applied as follows:
(a) for license plates issued beginning in 1974 through 1985, decals displayed on
license plates with black lettering on a white background shall be applied to the lower left-hand
corner of the rear of the license plate vehicles;
(b) decals displayed on statehood centennial license plates and on Ski Utah license
plates issued in accordance with Subsection (3) shall be applied to the upper left-hand corner of
the rear license plate;
(c) decals displayed on special group license plates issued in accordance with Section
41-1a-418
 shall be applied to the upper right-hand corner of the license plate unless there is a
plate indentation on the upper left-hand corner of the license plate;
(d) decals displayed on license plates with the "Life Elevated" slogan issued in
accordance with Subsection (4) shall be applied in the upper left-hand corner for the month
decal and the upper right-hand corner for the year decal;
(e) decals displayed on license plates with the "In God We Trust" slogan issued in
accordance with Subsection (4)(b) shall be applied in the upper right-hand corner of the rear
license plate unless there is a plate indentation on the upper left-hand corner of the license
plate;
[
(f) decals issued for truck tractors shall be applied to the front license plate in the
position described in Subsection (6)(a), (b), or (d);
]
[
(g)
] 
(f)
 decals issued for motorcycles shall be applied to the upper corner of the license
plate opposite the word "Utah"; and
[
(h)
] 
(g)
 decals displayed on license plates issued under Section 
41-1a-416
 shall be
applied as appropriate for the year of the plate.
(7) (a) The month decal issued in accordance with Subsection (5) shall be displayed on
the license plate in the left position.
(b) The year decal issued in accordance with Subsection (5) shall be displayed on the
license plate in the right position.
(8) The current year decal issued in accordance with Subsection (5) shall be placed
over the previous year decal.
(9) If a license plate, month decal, or year 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
.
(10) A violation of this section is an infraction.
Section 5. Section 
41-1a-407
 is amended to read:
41-1a-407.
Plates issued to political subdivisions or state -- Use of "EX" letters --
Confidential information.
(1) Except as provided in Subsection (2), each municipality, board of education, school
district, state institution of learning, county, other governmental division, subdivision, or
district, and the state shall:
(a) place a license plate displaying the letters, "EX" on every vehicle owned and
operated by it or leased for its exclusive use; and
(b) display an identification mark designating the vehicle as the property of the entity
in a conspicuous place on both sides of the vehicle.
(2) The entity need not display the "EX" license plate or the identification mark
required by Subsection (1) if:
(a) the vehicle is in the direct service of the governor, lieutenant governor, attorney
general, state auditor, or state treasurer of Utah;
(b) the vehicle is used in official investigative work where secrecy is essential;
(c) the vehicle is used in an organized Utah Highway Patrol operation that is:
(i) conducted within a county of the first or second class as defined under Section
17-50-501
, unless no more than one unmarked vehicle is used for the operation;
(ii) approved by the Commissioner of Public Safety;
(iii) of a duration of 14 consecutive days or less; and
(iv) targeted toward careless driving, aggressive driving, and accidents involving:
(A) violations of Title 41, Chapter 6a, Part 5, Driving Under the Influence and
Reckless Driving;
(B) speeding violations for exceeding the posted speed limit by 21 or more miles per
hour;
(C) speeding violations in a reduced speed school zone under Section 
41-6a-604
;
(D) violations of Section 
41-6a-1002
 related to pedestrian crosswalks; or
(E) violations of Section 
41-6a-702
 related to lane restrictions;
(d) the vehicle is provided to an official of the entity as part of a compensation package
allowing unlimited personal use of that vehicle;
(e) the personal security of the occupants of the vehicle would be jeopardized if the
"EX" license plate were in place; or
(f) the vehicle is used in routine enforcement on a state highway with four or more
lanes involving:
(i) violations of Section 
41-6a-701
 related to operating a vehicle on the right side of a
roadway;
(ii) violations of Section 
41-6a-702
 related to left lane restrictions;
(iii) violations of Section 
41-6a-704
 related to overtaking and passing vehicles
proceeding in the same direction;
(iv) violations of Section 
41-6a-711
 related to following a vehicle at a safe distance;
and
(v) violations of Section 
41-6a-804
 related to turning and changing lanes.
(3) Plates issued to Utah Highway Patrol vehicles may bear the capital letters "UHP," a
beehive logo, and the call number of the trooper to whom the vehicle is issued.
(4) (a) The commission shall issue "EX" and "UHP" plates.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission shall make rules establishing the procedure for application for and distribution of
the plates.
(5) For a vehicle that qualifies for "EX" or "UHP" license plates, the entity is not
required to display [
an annual registration decal
] 
the month or year registration decals
described in Section 
41-1a-402
.
 (6) (a) Information shall be confidential for vehicles that are not required to display the
"EX" license plate or the identification mark under Subsections (2)(a), (b), (d), and (e).
(b) (i) If a law enforcement officer's identity must be kept secret, the law enforcement
officer's agency head may request in writing that the division remove the license plate
information of the officer's personal vehicles from all public access files and place it in a
confidential file until the assignment is completed.
(ii) The agency head shall notify the division when the assignment is completed.
(7) A peace officer engaged in an organized operation under Subsection (2)(c) shall be
in a uniform clearly identifying the law enforcement agency the peace officer is representing
during the operation.
Section 6. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override, except that the changes to Section 
41-1a-301
 in this bill take effect on
January 1, 2019.