This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Mon, Feb 29, 2016 at 7:54 PM by lpoole.
Senator Daniel W. Thatcher proposes the following substitute bill:


1     
RECLASSIFICATION OF MISDEMEANORS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Daniel W. Thatcher

5     
House Sponsor: Brian S. King

6     

7     LONG TITLE
8     General Description:
9          This bill modifies criminal penalties in the Utah Code.
10     Highlighted Provisions:
11          This bill:
12          ▸     reduces the penalty for listed sections of the Utah Code from a misdemeanor to an
13     infraction, except that the penalty for one section under the State Boating Act is
14     increased from an infraction to a class C misdemeanor.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          4-31-104, as renumbered and amended by Laws of Utah 2012, Chapter 331
22          10-9a-611, as renumbered and amended by Laws of Utah 2005, Chapter 254
23          10-9a-802, as last amended by Laws of Utah 2015, Chapter 327
24          13-32-106, as enacted by Laws of Utah 1999, Chapter 68
25          17-23-15, as last amended by Laws of Utah 2001, Chapter 241

26          17-23-17, as last amended by Laws of Utah 2015, Chapter 352
27          20A-1-604, as last amended by Laws of Utah 2008, Chapter 276
28          26-15-13, as last amended by Laws of Utah 2012, Chapter 409
29     Ŝ→ [
     32B-4-410, as last amended by Laws of Utah 2015, Chapter 165
30          32B-4-419, as enacted by Laws of Utah 2010, Chapter 276
31          32B-4-421, as enacted by Laws of Utah 2010, Chapter 276
32          32B-4-422, as last amended by Laws of Utah 2011, Chapter 307
] ←Ŝ

33          41-1a-401, as last amended by Laws of Utah 2015, Chapter 412
34          41-1a-702, as last amended by Laws of Utah 2015, Chapter 412
35          41-1a-1206, as last amended by Laws of Utah 2015, Chapter 412
36          41-6a-601, as last amended by Laws of Utah 2015, Chapter 412
37          41-6a-609, as renumbered and amended by Laws of Utah 2005, Chapter 2
38          41-6a-904, as last amended by Laws of Utah 2015, Chapter 412
39          41-6a-1626, as last amended by Laws of Utah 2015, Chapters 15 and 412
40          41-6a-1630, as last amended by Laws of Utah 2015, Chapter 412
41          41-6a-1631, as last amended by Laws of Utah 2015, Chapter 412
42          41-12a-303.2, as last amended by Laws of Utah 2015, Chapter 412
43          53-1-116, as last amended by Laws of Utah 1997, Chapter 51
44          53-3-305, as enacted by Laws of Utah 2008, Chapter 88
45          53-3-412, as last amended by Laws of Utah 2015, Chapter 412
46          53-8-209, as renumbered and amended by Laws of Utah 1993, Chapters 26 and 234
47          53B-3-107, as last amended by Laws of Utah 2015, Chapter 412
48          72-7-403, as last amended by Laws of Utah 2015, Chapter 412
49          72-7-404, as last amended by Laws of Utah 2015, Chapter 412
50          72-7-405, as last amended by Laws of Utah 2015, Chapter 412
51          72-7-406, as last amended by Laws of Utah 2015, Chapter 412
52          72-7-407, as last amended by Laws of Utah 2015, Chapter 412
53          72-7-408, as last amended by Laws of Utah 2015, Chapter 412
54          72-7-409, as last amended by Laws of Utah 2015, Chapter 412
55          73-18-6, as last amended by Laws of Utah 2015, Chapter 412
56          73-18-7, as last amended by Laws of Utah 2015, Chapter 412

57          73-18-8, as last amended by Laws of Utah 2015, Chapters 113 and 412
58          73-18-8.1, as last amended by Laws of Utah 2015, Chapter 412
59          73-18-15.1, as last amended by Laws of Utah 2015, Chapter 412
60          73-18-15.2, as last amended by Laws of Utah 2015, Chapter 412
61          73-18-15.3, as last amended by Laws of Utah 2015, Chapter 412
62          73-18-16, as last amended by Laws of Utah 2015, Chapter 412
63          76-9-702.3, as enacted by Laws of Utah 2012, Chapter 303
64          76-9-706, as last amended by Laws of Utah 2008, Chapter 186
65          78B-1-115, as renumbered and amended by Laws of Utah 2008, Chapter 3
66          78B-8-304, as renumbered and amended by Laws of Utah 2008, Chapter 3
67     REPEALS:
68          4-31-112, as enacted by Laws of Utah 2012, Chapter 331
69     

70     Be it enacted by the Legislature of the state of Utah:
71          Section 1. Section 4-31-104 is amended to read:
72          4-31-104. Penalty.
73          A person who violates Section 4-31-102 or 4-31-103 is guilty of [a class C
74     misdemeanor] an infraction.
75          Section 2. Section 10-9a-611 is amended to read:
76          10-9a-611. Prohibited acts.
77          (1) (a) (i) An owner of any land located in a subdivision who transfers or sells any land
78     in that subdivision before a plat of the subdivision has been approved and recorded violates this
79     part for each lot or parcel transferred or sold.
80          (ii) A violation of Subsection (1)(a)(i) is an infraction.
81          (b) The description by metes and bounds in an instrument of transfer or other
82     documents used in the process of selling or transferring does not exempt the transaction from
83     being a violation of Subsection (1)(a) or from the penalties or remedies provided in this
84     chapter.
85          (c) Notwithstanding any other provision of this Subsection (1), the recording of an
86     instrument of transfer or other document used in the process of selling or transferring real
87     property that violates this part:

88          (i) does not affect the validity of the instrument or other document; and
89          (ii) does not affect whether the property that is the subject of the instrument or other
90     document complies with applicable municipal ordinances on land use and development.
91          (2) (a) A municipality may bring an action against an owner to require the property to
92     conform to the provisions of this part or an ordinance enacted under the authority of this part.
93          (b) An action under this Subsection (2) may include an injunction, abatement, merger
94     of title, or any other appropriate action or proceeding to prevent, enjoin, or abate the violation.
95          (c) A municipality need only establish the violation to obtain the injunction.
96          Section 3. Section 10-9a-802 is amended to read:
97          10-9a-802. Enforcement.
98          (1) (a) A municipality or any adversely affected owner of real estate within the
99     municipality in which violations of this chapter or ordinances enacted under the authority of
100     this chapter occur or are about to occur may, in addition to other remedies provided by law,
101     institute:
102          (i) injunctions, mandamus, abatement, or any other appropriate actions; or
103          (ii) proceedings to prevent, enjoin, abate, or remove the unlawful building, use, or act.
104          (b) A municipality need only establish the violation to obtain the injunction.
105          (2) (a) A municipality may enforce the municipality's ordinance by withholding a
106     building permit.
107          (b) It is [unlawful] an infraction to erect, construct, reconstruct, alter, or change the use
108     of any building or other structure within a municipality without approval of a building permit.
109          (c) A municipality may not issue a building permit unless the plans of and for the
110     proposed erection, construction, reconstruction, alteration, or use fully conform to all
111     regulations then in effect.
112          (d) A municipality may not deny an applicant a building permit because the applicant
113     has not completed an infrastructure improvement:
114          (i) that is not essential to meet the requirements for the issuance of a building permit
115     under the building code and fire code; and
116          (ii) for which the municipality has accepted an infrastructure improvement assurance
117     for infrastructure improvements for the development.
118          Section 4. Section 13-32-106 is amended to read:

119          13-32-106. Penalties.
120          A person who violates this chapter is guilty of [a class C misdemeanor] an infraction.
121          Section 5. Section 17-23-15 is amended to read:
122          17-23-15. Removal, destruction, or defacement of monuments or corners as
123     infraction -- Costs.
124          (1) [No] A person [shall] may not willfully or negligently remove, destroy, or deface
125     any government survey monument, corner, or witness corner.
126          (2) Any person who violates this section is guilty of [a class C misdemeanor] an
127     infraction and is additionally responsible for:
128          (a) the costs of any necessary legal action; and
129          (b) the costs of reestablishing the survey monument, corner, or witness corner.
130          Section 6. Section 17-23-17 is amended to read:
131          17-23-17. Map of boundary survey -- Procedure for filing -- Contents -- Marking
132     of monuments -- Record of corner changes -- Penalties.
133          (1) As used in this section:
134          (a) "Land surveyor" means a surveyor who is licensed to practice land surveying in this
135     state in accordance with Title 58, Chapter 22, Professional Engineers and Professional Land
136     Surveyors Licensing Act.
137          (b) (i) "Township" means a term used in the context of identifying a geographic area in
138     common surveyor practice.
139          (ii) "Township" does not mean a metro township as that term is defined in Section
140     10-2a-403.
141          (2) (a) (i) Each land surveyor making a boundary survey of lands within this state to
142     establish or reestablish a boundary line or to obtain data for constructing a map or plat showing
143     a boundary line shall file a map of the survey that meets the requirements of this section with
144     the county surveyor or designated office within 90 days of the establishment or reestablishment
145     of a boundary.
146          (ii) A land surveyor who fails to file a map of the survey as required by Subsection
147     (2)(a)(i) is guilty of [a class C misdemeanor] an infraction.
148          (iii) Each failure to file a map of the survey as required by Subsection (2)(a)(i) is a
149     separate violation.

150          (b) The county surveyor or designated office shall file and index the map of the survey.
151          (c) The map shall be a public record in the office of the county surveyor or designated
152     office.
153          (3) This type of map shall show:
154          (a) the location of survey by quarter section and township and range;
155          (b) the date of survey;
156          (c) the scale of drawing and north point;
157          (d) the distance and course of all lines traced or established, giving the basis of bearing
158     and the distance and course to two or more section corners or quarter corners, including
159     township and range, or to identified monuments within a recorded subdivision;
160          (e) all measured bearings, angles, and distances separately indicated from those of
161     record;
162          (f) a written boundary description of property surveyed;
163          (g) all monuments set and their relation to older monuments found;
164          (h) a detailed description of monuments found and monuments set, indicated
165     separately;
166          (i) the surveyor's seal or stamp; and
167          (j) the surveyor's business name and address.
168          (4) (a) The map shall contain a written narrative that explains and identifies:
169          (i) the purpose of the survey;
170          (ii) the basis on which the lines were established; and
171          (iii) the found monuments and deed elements that controlled the established or
172     reestablished lines.
173          (b) If the narrative is a separate document, it shall contain:
174          (i) the location of the survey by quarter section and by township and range;
175          (ii) the date of the survey;
176          (iii) the surveyor's stamp or seal; and
177          (iv) the surveyor's business name and address.
178          (c) The map and narrative shall be referenced to each other if they are separate
179     documents.
180          (5) The map and narrative shall be created on material of a permanent nature on stable

181     base reproducible material in the sizes required by the county surveyor.
182          (6) (a) Any monument set by a licensed professional land surveyor to mark or reference
183     a point on a property or land line shall be durably and visibly marked or tagged with the
184     registered business name or the letters "L.S." followed by the registration number of the
185     surveyor in charge.
186          (b) If the monument is set by a licensed land surveyor who is a public officer, it shall
187     be marked with the official title of the office.
188          (7) (a) If, in the performance of a survey, a surveyor finds or makes any changes to the
189     section corner or quarter-section corner, or their accessories, the surveyor shall complete and
190     submit to the county surveyor or designated office a record of the changes made.
191          (b) The record shall be submitted within 45 days of the corner visits and shall include
192     the surveyor's seal, business name, and address.
193          (8) The Utah State Board of Engineers and Land Surveyors Examiners may revoke the
194     license of any land surveyor who fails to comply with the requirements of this section,
195     according to the procedures set forth in Title 58, Chapter 1, Division of Occupational and
196     Professional Licensing Act.
197          (9) Each federal or state agency, board, or commission, local district, special service
198     district, or municipal corporation that makes a boundary survey of lands within this state shall
199     comply with this section.
200          Section 7. Section 20A-1-604 is amended to read:
201          20A-1-604. Destroying instruction cards, sample ballots, or election
202     paraphernalia -- Penalties.
203          (1) A person may not:
204          (a) willfully deface or destroy any list of candidates posted in accordance with the
205     provisions of this title;
206          (b) willfully deface, tear down, remove or destroy any card of instruction or sample
207     ballot, printed or posted for the instruction of voters during an election;
208          (c) willfully remove or destroy any of the supplies or conveniences furnished to enable
209     a voter to prepare the voter's ballot during an election; or
210          (d) willfully hinder the voting of others.
211          (2) In addition to the penalties established in Section 20A-1-609, a person who

212     commits an offense under Subsection (1) is guilty of [a class C misdemeanor] an infraction.
213          Section 8. Section 26-15-13 is amended to read:
214          26-15-13. Regulation of tanning facilities.
215          (1) For purposes of this section:
216          (a) "Minor" means a person under 18 years of age.
217          (b) "Phototherapy device" means equipment that emits ultraviolet radiation used by a
218     health care professional in the treatment of disease.
219          (c) (i) "Tanning device" means equipment to which a tanning facility provides access
220     that emits electromagnetic radiation with wavelengths in the air between 200 and 400
221     nanometers used for tanning of the skin, including:
222          (A) a sunlamp; and
223          (B) a tanning booth or bed.
224          (ii) "Tanning device" does not include a phototherapy device.
225          (d) "Tanning facility" means a commercial location, place, area, structure, or business
226     that provides access to a tanning device.
227          (2) A tanning facility shall:
228          (a) annually obtain a permit to do business as a tanning facility from the local health
229     department with jurisdiction over the location in which the facility is located; and
230          (b) in accordance with Subsection (3) post a warning sign in a conspicuous location
231     that is readily visible to a person about to use a tanning device.
232          (3) The posted warning and written consent required by Subsections (2) and (5) shall
233     be developed by the department through administrative rules and shall include:
234          (a) that there are health risks associated with the use of a tanning device;
235          (b) that the facility may not allow a minor to use a tanning device unless the minor:
236          (i) has a written order from a physician; or
237          (ii) at each time of use is accompanied at the tanning facility by a parent or legal
238     guardian who provides written consent authorizing the minor to use the tanning device.
239          (4) It is unlawful for any operator of a tanning facility to allow a minor to use a tanning
240     device unless:
241          (a) the minor has a written order from a physician as defined in Section 58-67-102, to
242     use a tanning device as a medical treatment; or

243          (b) (i) the minor's parent or legal guardian appears in person at the tanning facility each
244     time that the minor uses a tanning device, except that the minor's parent or legal guardian is not
245     required to remain at the facility for the duration of the use; and
246          (ii) the minor's parent or legal guardian signs the consent form required in Subsection
247     (5).
248          (5) The written consent required by Subsection (4) shall be signed and dated each time
249     the minor uses a tanning device at the facility, and shall include at least:
250          (a) information concerning the health risks associated with the use of a tanning device;
251     and
252          (b) a statement that:
253          (i) the parent or legal guardian of the minor has read and understood the warnings
254     given by the tanning facility, and consents to the minor's use of a tanning device; and
255          (ii) the parent or legal guardian agrees that the minor will use protective eye wear.
256          (6) The department shall adopt administrative rules in accordance with Title 63G,
257     Chapter 3, Utah Administrative Rulemaking Act, specifying:
258          (a) minimum requirements a tanning facility shall satisfy to obtain a permit under
259     Subsection (2);
260          (b) the written information concerning health risks a facility should include in the
261     posted signs required by Subsection (3) and in the consent form required by Subsection (5);
262          (c) procedures a tanning facility shall implement to ensure a minor and the minor's
263     parent or legal guardian comply with Subsections (4) and (5), including use of a statewide
264     uniform form:
265          (i) for a parent or legal guardian to certify and give consent under Subsection (5); and
266          (ii) that clearly identifies the department's seal or other means to indicate that the form
267     is an official form of the department; and
268          (d) the size, placement, and content of the sign a tanning facility must post under
269     Subsection (2).
270          (7) (a) A violation of this section:
271          (i) is [a class C misdemeanor] an infraction; and
272          (ii) may result in the revocation of a permit to do business as a tanning facility.
273          (b) If a person misrepresents to a tanning facility that the person is 18 years of age or

274     older, the person is guilty of [a class C misdemeanor] an infraction.
275          (8) This section supercedes any ordinance enacted by the governing body of a political
276     subdivision that:
277          (a) imposes restrictions on access to a tanning device by a person younger than age 18
278     that is not essentially identical to the provisions of this section; or
279          (b) that require the posting of warning signs at the tanning facility that are not
280     essentially identical to the provisions of this section.
281          Ŝ→ [
Section 9. Section 32B-4-410 is amended to read:
282          32B-4-410. Unlawful admittance or attempt to gain admittance by minor.
283          (1) It is unlawful for a minor to gain admittance or attempt to gain admittance to the
284     premises of:
285          (a) a tavern; or
286          (b) a social club licensee, except to the extent authorized by Section 32B-6-406.1.
287          (2) A minor who violates this section is guilty of [a class C misdemeanor] an
288     infraction.
289          (3) (a) If a minor is found by a court to have violated this section and the violation is
290     the minor's first violation of this section, the court may:
291          (i) order the minor to complete a screening as defined in Section 41-6a-501;
292          (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
293     screening indicates an assessment to be appropriate; and
294          (iii) order the minor to complete an educational series as defined in Section 41-6a-501
295     or substance abuse treatment as indicated by an assessment.
296          (b) If a minor is found by a court to have violated this section and the violation is the
297     minor's second or subsequent violation of this section, the court shall:
298          (i) order the minor to complete a screening as defined in Section 41-6a-501;
299          (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
300     screening indicates an assessment to be appropriate; and
301          (iii) order the minor to complete an educational series as defined in Section 41-6a-501
302     or substance abuse treatment as indicated by an assessment.
303          (4) (a) When a minor who is at least 18 years old, but younger than 21 years old, is
304     found by a court to have violated this section, except as provided in Section 32B-4-411, the


305     
court hearing the case shall suspend the minor's driving privileges under Section 53-3-219.
306          (b) Notwithstanding the provision in Subsection (4)(a), the court may reduce the
307     suspension period required under Section 53-3-219 if:
308          (i) the violation is the minor's first violation of this section; and
309          (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
310          (B) the minor demonstrates substantial progress in substance abuse treatment.
311          (c) Notwithstanding the requirement in Subsection (4)(a) and in accordance with the
312     requirements of Section 53-3-219, the court may reduce the suspension period required under
313     Section 53-3-219 if:
314          (i) the violation is the minor's second or subsequent violation of this section;
315          (ii) the minor has completed an educational series as defined in Section 41-6a-501 or
316     demonstrated substantial progress in substance abuse treatment; and
317          (iii) (A) the person is 18 years of age or older and provides a sworn statement to the
318     court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
319     consecutive period during the suspension period imposed under Subsection (4)(a); or
320          (B) the person is under 18 years of age and has the person's parent or legal guardian
321     provide an affidavit or sworn statement to the court certifying that to the parent or legal
322     guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at least a
323     one-year consecutive period during the suspension period imposed under Subsection (4)(a).
324          (5) When a minor who is at least 13 years old, but younger than 18 years old, is found
325     by a court to have violated this section, Section 78A-6-606 applies to the violation.
326          (6) When a court issues an order suspending a person's driving privileges for a
327     violation of this section, the Driver License Division shall suspend the person's license under
328     Section 53-3-219.
329          (7) When the Department of Public Safety receives the arrest or conviction record of a
330     person for a driving offense committed while the person's license is suspended pursuant to this
331     section, the Department of Public Safety shall extend the suspension for an additional like
332     period of time.
333          Section 10.
Section 32B-4-419 is amended to read:
334          32B-4-419. Unlawful permitting of intoxication.
335          (1) A person may not permit another person to become intoxicated or an intoxicated


336     
person to consume an alcoholic product in:
337          (a) premises of which the person is the owner, tenant, or occupant; or
338          (b) a chartered bus or limousine of which the person is the owner or operator.
339          (2) A violation of Subsection (1) is [a class C misdemeanor] an infraction.
340          Section 11.
Section 32B-4-421 is amended to read:
341          32B-4-421. Unlawful consumption in public place.
342          (1) A person may not consume liquor in a public building, park, or stadium, except as
343     provided by this title.
344          (2) A violation of this section is [a class C misdemeanor] an infraction.
345          Section 12.
Section 32B-4-422 is amended to read:
346          32B-4-422. Unlawful dispensing.
347          (1) For purposes of this section:
348          (a) "Primary spirituous liquor" means the main distilled spirit in a beverage.
349          (b) "Primary spirituous liquor" does not include a secondary alcoholic product used as
350     a flavoring in conjunction with the primary distilled spirit in a beverage.
351          (2) A retail licensee licensed under this title to sell, offer for sale, or furnish spirituous
352     liquor for consumption on the licensed premises, or staff of the retail licensee may not:
353          (a) sell, offer for sale, or furnish a primary spirituous liquor to a person on the licensed
354     premises except in a quantity that does not exceed 1.5 ounces per beverage dispensed through a
355     calibrated metered dispensing system approved by the department;
356          (b) sell, offer for sale, or furnish more than a total of 2.5 ounces of spirituous liquor per
357     beverage;
358          (c) allow a person on the licensed premises to have more than a total of 2.5 ounces of
359     spirituous liquor at a time; or
360          (d) (i) except as provided in Subsection (2)(d)(ii), allow a person to have more than
361     two spirituous liquor beverages at a time; or
362          (ii) allow a person on the premises of the following to have more than one spirituous
363     liquor beverage at a time:
364          (A) a full-service restaurant licensee;
365          (B) a person operating under a full-service restaurant sublicense;
366          (C) an on-premise banquet licensee;


367     
     (D) a person operating under an on-premise banquet sublicense; or
368          (E) a single event permittee.
369          (3) A violation of this section is [a class C misdemeanor] an infraction.
] ←Ŝ
370          Section 13. Section 41-1a-401 is amended to read:
371          41-1a-401. License plates -- Number of plates -- Reflectorization -- Indicia of
372     registration in lieu of or used with plates.
373          (1) (a) The division upon registering a vehicle shall issue to the owner:
374          (i) one license plate for a motorcycle, trailer, or semitrailer;
375          (ii) one decal for a park model recreational vehicle, in lieu of a license plate, which
376     shall be attached in plain sight to the rear of the park model recreational vehicle;
377          (iii) one decal for a camper, in lieu of a license plate, which shall be attached in plain
378     sight to the rear of the camper; and
379          (iv) two identical license plates for every other vehicle.
380          (b) The license plate or decal issued under Subsection (1)(a) is for the particular
381     vehicle registered and may not be removed during the term for which the license plate or decal
382     is issued or used upon any other vehicle than the registered vehicle.
383          (2) The division may receive applications for registration renewal, renew registration,
384     and issue new license plates or decals at any time prior to the expiration of registration.
385          (3) (a) All license plates to be manufactured and issued by the division shall be treated
386     with a fully reflective material on the plate face that provides effective and dependable
387     reflective brightness during the service period of the license plate.
388          (b) The division shall prescribe all license plate material specifications and establish
389     and implement procedures for conforming to the specifications.
390          (c) The specifications for the materials used such as the aluminum plate substrate, the
391     reflective sheeting, and glue shall be drawn in a manner so that at least two manufacturers may
392     qualify as suppliers.
393          (d) The granting of contracts for the materials shall be by public bid.
394          (4) (a) The commission may issue, adopt, and require the use of indicia of registration
395     it considers advisable in lieu of or in conjunction with license plates as provided in this part.
396          (b) All provisions of this part relative to license plates apply to these indicia of
397     registration, so far as the provisions are applicable.

398          (5) A violation of this section is an infraction[, except that a violation of Subsection
399     (1)(b) is a class C misdemeanor].
400          Section 14. Section 41-1a-702 is amended to read:
401          41-1a-702. Endorsement of assignment and warranty of title -- Co-owners.
402          (1) (a) To transfer a vehicle, vessel, or outboard motor the owner shall endorse the
403     certificate of title issued for the vehicle, vessel, or outboard motor in the space for assignment
404     and warranty of title.
405          (b) The endorsement and assignment shall include a statement of all liens or
406     encumbrances on the vehicle, vessel, or outboard motor.
407          (c) Upon the endorsement and assignment of a certificate of title, the same certificate
408     of title may not be reendorsed and reassigned to a new owner except as provided in Section
409     41-1a-705.
410          (2) (a) If a title certificate reflects the names of two or more people as co-owners in the
411     alternative by use of the word "or" or "and/or," each co-owner is considered to have granted the
412     other co-owners the absolute right to endorse and deliver title and to dispose of the vehicle,
413     vessel, or outboard motor.
414          (b) If the title certificate reflects the names of two or more people as co-owners in the
415     conjunctive by use of the word "and," or the title does not reflect any alternative or conjunctive
416     word, the endorsement of each co-owner is required to transfer title to the vehicle, vessel, or
417     outboard motor.
418          (3) The owner shall deliver the certificate of title containing the odometer disclosure
419     statement required under Section 41-1a-902 and the certificate of registration to the purchaser
420     or transferee at the time of, or within 48 hours after delivering the vehicle, vessel, or outboard
421     motor, as applicable, except as provided for under Sections 41-3-301, 41-1a-519, and
422     41-1a-709.
423          (4) A violation of this section is an infraction[, except that a violation of Subsection (3)
424     is a class C misdemeanor].
425          Section 15. Section 41-1a-1206 is amended to read:
426          41-1a-1206. Registration fees -- Fees by gross laden weight.
427          (1) Except as provided in Subsections (2) and (3), at the time application is made for
428     registration or renewal of registration of a vehicle or combination of vehicles under this

429     chapter, a registration fee shall be paid to the division as follows:
430          (a) $44.50 for each motorcycle;
431          (b) $43 for each motor vehicle of 12,000 pounds or less gross laden weight, excluding
432     motorcycles;
433          (c) unless the semitrailer or trailer is exempt from registration under Section 41-1a-202
434     or is registered under Section 41-1a-301:
435          (i) $31 for each trailer or semitrailer over 750 pounds gross unladen weight; or
436          (ii) $28.50 for each commercial trailer or commercial semitrailer of 750 pounds or less
437     gross unladen weight;
438          (d) (i) $53 for each farm truck over 12,000 pounds, but not exceeding 14,000 pounds
439     gross laden weight; plus
440          (ii) $9 for each 2,000 pounds over 14,000 pounds gross laden weight;
441          (e) (i) $69.50 for each motor vehicle or combination of motor vehicles, excluding farm
442     trucks, over 12,000 pounds, but not exceeding 14,000 pounds gross laden weight; plus
443          (ii) $19 for each 2,000 pounds over 14,000 pounds gross laden weight;
444          (f) (i) $69.50 for each park model recreational vehicle over 12,000 pounds, but not
445     exceeding 14,000 pounds gross laden weight; plus
446          (ii) $19 for each 2,000 pounds over 14,000 pounds gross laden weight; and
447          (g) $45 for each vintage vehicle that is less than 40 years old.
448          (2) At the time application is made for registration or renewal of registration of a
449     vehicle under this chapter for a six-month registration period under Section 41-1a-215.5, a
450     registration fee shall be paid to the division as follows:
451          (a) $33.50 for each motorcycle; and
452          (b) $32.50 for each motor vehicle of 12,000 pounds or less gross laden weight,
453     excluding motorcycles.
454          (3) (a) The initial registration fee for a vintage vehicle that is 40 years old or older is
455     $40.
456          (b) A vintage vehicle that is 40 years old or older is exempt from the renewal of
457     registration fees under Subsection (1).
458          (c) A vehicle with a Purple Heart special group license plate issued in accordance with
459     Section 41-1a-421 is exempt from the registration fees under Subsection (1).

460          (d) A camper is exempt from the registration fees under Subsection (1).
461          (4) If a motor vehicle is operated in combination with a semitrailer or trailer, each
462     motor vehicle shall register for the total gross laden weight of all units of the combination if the
463     total gross laden weight of the combination exceeds 12,000 pounds.
464          (5) (a) Registration fee categories under this section are based on the gross laden
465     weight declared in the licensee's application for registration.
466          (b) Gross laden weight shall be computed in units of 2,000 pounds. A fractional part
467     of 2,000 pounds is a full unit.
468          (6) The owner of a commercial trailer or commercial semitrailer may, as an alternative
469     to registering under Subsection (1)(c), apply for and obtain a special registration and license
470     plate for a fee of $130.
471          (7) Except as provided in Section 41-6a-1642, a truck may not be registered as a farm
472     truck unless:
473          (a) the truck meets the definition of a farm truck under Section 41-1a-102; and
474          (b) (i) the truck has a gross vehicle weight rating of more than 12,000 pounds; or
475          (ii) the truck has a gross vehicle weight rating of 12,000 pounds or less and the owner
476     submits to the division a certificate of emissions inspection or a waiver in compliance with
477     Section 41-6a-1642.
478          (8) A violation of Subsection (7) is [a class C misdemeanor] an infraction that shall be
479     punished by a fine of not less than $200.
480          (9) Trucks used exclusively to pump cement, bore wells, or perform crane services
481     with a crane lift capacity of five or more tons, are exempt from 50% of the amount of the fees
482     required for those vehicles under this section.
483          Section 16. Section 41-6a-601 is amended to read:
484          41-6a-601. Speed regulations -- Safe and appropriate speeds at certain locations
485     -- Prima facie speed limits -- Emergency power of the governor.
486          (1) A person may not operate a vehicle at a speed greater than is reasonable and
487     prudent under the existing conditions, giving regard to the actual and potential hazards then
488     existing, including when:
489          (a) approaching and crossing an intersection or railroad grade crossing;
490          (b) approaching and going around a curve;

491          (c) approaching a hill crest;
492          (d) traveling upon any narrow or winding roadway; and
493          (e) approaching other hazards that exist due to pedestrians, other traffic, weather, or
494     highway conditions.
495          (2) Subject to Subsections (1) and (4) and Sections 41-6a-602 and 41-6a-603, the
496     following speeds are lawful:
497          (a) 20 miles per hour in a reduced speed school zone as defined in Section 41-6a-303;
498          (b) 25 miles per hour in any urban district; and
499          (c) 55 miles per hour in other locations.
500          (3) Except as provided in Section 41-6a-604, any speed in excess of the limits provided
501     in this section or established under Sections 41-6a-602 and 41-6a-603 is prima facie evidence
502     that the speed is not reasonable or prudent and that it is unlawful.
503          (4) A violation of Subsection (1) is [a class C misdemeanor] an infraction.
504          (5) The governor by proclamation in time of war or emergency may change the speed
505     limits on the highways of the state.
506          Section 17. Section 41-6a-609 is amended to read:
507          41-6a-609. Radar jamming devices and jamming radar prohibited -- Defense --
508     Exceptions -- Penalties.
509          (1) As used in this section, "radar jamming device" means any instrument or
510     mechanism designed or intended to interfere with the radar or any laser that is used by law
511     enforcement personnel to measure the speed of a motor vehicle on a highway.
512          (2) (a) A person may not operate a motor vehicle on a highway with a radar jamming
513     device in the motor vehicle.
514          (b) A person may not knowingly use a radar jamming device to interfere with the radar
515     signals or lasers used by law enforcement personnel to measure the speed of a motor vehicle on
516     a highway.
517          (3) It is an affirmative defense to a charge under Subsection (2)(a) that the radar
518     jamming device was in an inoperative condition or could not be readily used at the time of the
519     arrest or citation.
520          (4) This section does not apply to law enforcement personnel acting in their official
521     capacity.

522          (5) A person who violates this section is guilty of [a class C misdemeanor] an
523     infraction.
524          Section 18. Section 41-6a-904 is amended to read:
525          41-6a-904. Approaching emergency vehicle -- Necessary signals -- Stationary
526     emergency vehicle -- Duties of respective operators.
527          (1) Except when otherwise directed by a peace officer, the operator of a vehicle, upon
528     the immediate approach of an authorized emergency vehicle using audible or visual signals
529     under Section 41-6a-212 or 41-6a-1625, shall:
530          (a) yield the right-of-way and immediately move to a position parallel to, and as close
531     as possible to, the right-hand edge or curb of the highway, clear of any intersection; and
532          (b) then stop and remain stopped until the authorized emergency vehicle has passed.
533          (2) The operator of a vehicle, upon approaching a stationary authorized emergency
534     vehicle that is displaying alternately flashing red, red and white, or red and blue lights, shall:
535          (a) reduce the speed of the vehicle;
536          (b) provide as much space as practical to the stationary authorized emergency vehicle;
537     and
538          (c) if traveling in a lane adjacent to the stationary authorized emergency vehicle and if
539     practical, with due regard to safety and traffic conditions, make a lane change into a lane not
540     adjacent to the authorized emergency vehicle.
541          (3) The operator of a vehicle, upon approaching a stationary tow truck or highway
542     maintenance vehicle that is displaying flashing amber lights, shall:
543          (a) reduce the speed of the vehicle; and
544          (b) provide as much space as practical to the stationary tow truck or highway
545     maintenance vehicle.
546          (4) This section does not relieve the operator of an authorized emergency vehicle, tow
547     truck, or highway maintenance vehicle from the duty to drive with regard for the safety of all
548     persons using the highway.
549          (5) (a) (i) In addition to the penalties prescribed under Subsection (7), a person who
550     violates this section shall attend a four hour live classroom defensive driving course approved
551     by:
552          (A) the Driver License Division; or

553          (B) a court in this state.
554          (ii) Upon completion of the four hour live classroom course under Subsection (5)(a)(i),
555     the person shall provide to the Driver License Division a certificate of attendance of the
556     classroom course.
557          (b) The Driver License Division shall suspend a person's driver license for a period of
558     90 days if the person:
559          (i) violates a provision of Subsections (1) through (3); and
560          (ii) fails to meet the requirements of Subsection (5)(a)(i) within 90 days of sentencing
561     for or pleading guilty to a violation of this section.
562          (c) Notwithstanding the provisions of Subsection (5)(b), the Driver License Division
563     shall shorten the 90-day suspension period imposed under Subsection (5)(b) effective
564     immediately upon receiving a certificate of attendance of the four hour live classroom course
565     required under Subsection (5)(a)(i) if the certificate of attendance is received prior to
566     completion of the suspension period.
567          (d) A person whose license is suspended under Subsection (5)(b) is required to pay the
568     license reinstatement fees under Subsection 53-3-105(23), including a person whose
569     suspension is shortened as described under Subsection (5)(c).
570          (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
571     Driver License Division shall make rules to implement the provisions of this part.
572          (7) A violation of Subsection (1), (2), or (3) is [a class C misdemeanor] an infraction.
573          Section 19. Section 41-6a-1626 is amended to read:
574          41-6a-1626. Mufflers -- Prevention of noise, smoke, and fumes -- Air pollution
575     control devices.
576          (1) (a) A vehicle shall be equipped, maintained, and operated to prevent excessive or
577     unusual noise.
578          (b) A motor vehicle shall be equipped with a muffler or other effective noise
579     suppressing system in good working order and in constant operation.
580          (c) A person may not use a muffler cut-out, bypass, or similar device on a vehicle.
581          (2) (a) Except while the engine is being warmed to the recommended operating
582     temperature, the engine and power mechanism of a gasoline-powered motor vehicle may not
583     emit visible contaminants during operation.

584          (b) (i) As used in this Subsection (2)(b), "heavy tow" means a tow that exceeds the
585     vehicle's maximum tow weight.
586          (ii) A diesel engine manufactured on or after January 1, 2008, may not emit visible
587     contaminants during operation:
588          (A) except while the engine is being warmed to the recommended operating
589     temperature or under a heavy tow; or
590          (B) unless the diesel engine is in a vehicle with a manufacturer's gross vehicle weight
591     rating in excess of 26,000 pounds.
592          (iii) A diesel engine manufactured before January 1, 2008, may not emit visible
593     contaminants of a shade or density that obscures a contrasting background by more than 20%,
594     for more than five consecutive seconds:
595          (A) except while the engine is being warmed to the recommended operating
596     temperature or under a heavy tow; or
597          (B) unless the diesel engine is in a vehicle with a manufacturer's gross vehicle weight
598     rating in excess of 26,000 pounds.
599          (c) A person who violates the provisions of Subsection (2)(a) is guilty of an infraction
600     and shall be fined:
601          (i) not less than $50 for a violation; or
602          (ii) not less than $100 for a second or subsequent violation within three years of a
603     previous violation of this section.
604          (3) (a) If a motor vehicle is equipped by a manufacturer with air pollution control
605     devices, the devices shall be maintained in good working order and in constant operation.
606          (b) For purposes of the first sale of a vehicle at retail, an air pollution control device
607     may be substituted for the manufacturer's original device if the substituted device is at least as
608     effective in the reduction of emissions from the vehicle motor as the air pollution control
609     device furnished by the manufacturer of the vehicle as standard equipment for the same vehicle
610     class.
611          (c) A person who renders inoperable an air pollution control device on a motor vehicle
612     is guilty of [a class C misdemeanor] an infraction.
613          (4) Subsection (3) does not apply to a motor vehicle altered and modified to use clean
614     fuel, as defined under Section 59-13-102, when the emissions from the modified or altered

615     motor vehicle are at levels that comply with existing state or federal standards for the emission
616     of pollutants from a motor vehicle of the same class.
617          (5) A violation of [this section] Subsection (1), (2), or (3) is an infraction[, except that
618     a violation of Subsection (3) is a class C misdemeanor].
619          Section 20. Section 41-6a-1630 is amended to read:
620          41-6a-1630. Standards applicable to vehicles.
621          (1) The following standards apply to vehicles under Sections 41-6a-1629 through
622     41-6a-1633:
623          (a) A replacement part and equipment used in a mechanical alteration shall be:
624          (i) designed and capable of performing the function for which they are intended; and
625          (ii) equal to or greater in strength and durability than the original parts provided by the
626     original manufacturer.
627          (b) Except for original equipment, a person may not use spacers to increase wheel track
628     width of a vehicle.
629          (c) A person may not use axle blocks to alter the suspension on the front axle of a
630     vehicle.
631          (d) A person may not stack two or more axle blocks of a vehicle.
632          (2) (a) In doubtful or unusual cases, or to meet specific industrial requirements,
633     personnel of the Utah Highway Patrol shall inspect the vehicle to determine:
634          (i) the road worthiness and safe condition of the vehicle; and
635          (ii) whether it complies with Sections 41-6a-1629 through 41-6a-1633.
636          (b) If the vehicle complies, the Utah Highway Patrol shall issue a permit of approval
637     that shall be carried in the vehicle.
638          (3) (a) Upon notice to the party to whom the motor vehicle is registered, the
639     department shall suspend the registration of any motor vehicle equipped, altered, or modified in
640     violation of Sections 41-6a-1629 through 41-6a-1633.
641          (b) The Motor Vehicle Division shall, under Subsection 41-1a-109(1)(e) or (2), refuse
642     to register any motor vehicle it has reason to believe is equipped, altered, or modified in
643     violation of Sections 41-6a-1629 through 41-6a-1633.
644          (4) A violation of this section is [a class C misdemeanor] an infraction.
645          Section 21. Section 41-6a-1631 is amended to read:

646          41-6a-1631. Prohibitions.
647          (1) A person may not operate on a highway a motor vehicle that is mechanically altered
648     or changed:
649          (a) in any way that may under normal operation:
650          (i) cause the motor vehicle body or chassis to come in contact with the roadway;
651          (ii) expose the fuel tank to damage from collision; or
652          (iii) cause the wheels to come in contact with the body;
653          (b) in any manner that may impair the safe operation of the vehicle;
654          (c) so that any part of the vehicle other than tires, rims, and mudguards are less than
655     three inches above the ground;
656          (d) to a frame height of more than 24 inches for a motor vehicle with a gross vehicle
657     weight rating of less than 4,500 pounds;
658          (e) to a frame height of more than 26 inches for a motor vehicle with a gross vehicle
659     weight rating of at least 4,500 pounds and less than 7,500 pounds;
660          (f) to a frame height of more than 28 inches for a motor vehicle with a gross vehicle
661     weight rating of at least 7,500 pounds;
662          (g) by stacking or attaching vehicle frames (one from on top of or beneath another
663     frame); or
664          (h) so that the lowest portion of the body floor is raised more than three inches above
665     the top of the frame.
666          (2) If the wheel track is increased beyond the O.E.M. specification, the top 50% of the
667     tires shall be covered by the original fenders, by rubber, or other flexible fender extenders
668     under any loading condition.
669          (3) A violation of this section is [a class C misdemeanor] an infraction.
670          Section 22. Section 41-12a-303.2 is amended to read:
671          41-12a-303.2. Evidence of owner's or operator's security to be carried when
672     operating motor vehicle -- Defense -- Penalties.
673          (1) As used in this section:
674          (a) "Division" means the Motor Vehicle Division of the State Tax Commission.
675          (b) "Registration materials" means the evidences of motor vehicle registration,
676     including all registration cards, license plates, temporary permits, and nonresident temporary

677     permits.
678          (2) (a) (i) A person operating a motor vehicle shall:
679          (A) have in the person's immediate possession evidence of owner's or operator's
680     security for the motor vehicle the person is operating; and
681          (B) display it upon demand of a peace officer.
682          (ii) A person is exempt from the requirements of Subsection (2)(a)(i) if the person is
683     operating:
684          (A) a government-owned or leased motor vehicle; or
685          (B) an employer-owned or leased motor vehicle and is driving it with the employer's
686     permission.
687          (b) Evidence of owner's or operator's security includes any one of the following:
688          (i) a copy of the operator's valid:
689          (A) insurance policy;
690          (B) insurance policy declaration page;
691          (C) binder notice;
692          (D) renewal notice; or
693          (E) card issued by an insurance company as evidence of insurance;
694          (ii) a certificate of insurance issued under Section 41-12a-402;
695          (iii) a certified copy of a surety bond issued under Section 41-12a-405;
696          (iv) a certificate of the state treasurer issued under Section 41-12a-406;
697          (v) a certificate of self-funded coverage issued under Section 41-12a-407; or
698          (vi) information that the vehicle or driver is insured from the Uninsured Motorist
699     Identification Database Program created under Title 41, Chapter 12a, Part 8, Uninsured
700     Motorist Identification Database Program.
701          (c) A card issued by an insurance company as evidence of owner's or operator's
702     security under Subsection (2)(b)(i)(E) on or after July 1, 2014, may not display the owner's or
703     operator's address on the card.
704          (d) (i) A person may provide to a peace officer evidence of owner's or operator's
705     security described in this Subsection (2) in:
706          (A) a hard copy format; or
707          (B) an electronic format using a mobile electronic device.

708          (ii) If a person provides evidence of owner's or operator's security in an electronic
709     format using a mobile electronic device under this Subsection (2)(d), the peace officer viewing
710     the owner's or operator's security on the mobile electronic device may not view any other
711     content on the mobile electronic device.
712          (iii) Notwithstanding any other provision under this section, a peace officer is not
713     subject to civil liability or criminal penalties under this section if the peace officer inadvertently
714     views content other than the evidence of owner's or operator's security on the mobile electronic
715     device.
716          (e) (i) Evidence of owner's or operator's security from the Uninsured Motorist
717     Identification Database Program described under Subsection (2)(b)(vi) supercedes any
718     evidence of owner's or operator's security described under Subsection (2)(b)(i)(D) or (E).
719          (ii) A peace officer may not cite or arrest a person for a violation of Subsection (2)(a) if
720     the Uninsured Motorist Identification Database Program created under Title 41, Chapter 12a,
721     Part 8, Uninsured Motorist Identification Database Program, information indicates that the
722     vehicle or driver is insured.
723          (3) It is an affirmative defense to a charge under this section that the person had
724     owner's or operator's security in effect for the vehicle the person was operating at the time of
725     the person's citation or arrest.
726          (4) (a) Evidence of owner's or operator's security as defined under Subsection (2)(b) or
727     a written statement from an insurance producer or company verifying that the person had the
728     required motor vehicle insurance coverage on the date specified is considered proof of owner's
729     or operator's security for purposes of Subsection (3) and Section 41-12a-804.
730          (b) The court considering a citation issued under this section shall allow the evidence
731     or a written statement under Subsection (4)(a) and a copy of the citation to be faxed or mailed
732     to the clerk of the court to satisfy Subsection (3).
733          (c) The notice under Section 41-12a-804 shall specify that the written statement under
734     Subsection (4)(a) and a copy of the notice shall be faxed or mailed to the designated agent to
735     satisfy the proof of owner's or operator's security required under Section 41-12a-804.
736          (5) A violation of this section is [a class C misdemeanor] an infraction, and the fine
737     shall be not less than:
738          (a) $400 for a first offense; and

739          (b) $1,000 for a second and subsequent offense within three years of a previous
740     conviction or bail forfeiture.
741          (6) Upon receiving notification from a court of a conviction for a violation of this
742     section, the department:
743          (a) shall suspend the person's driver license; and
744          (b) may not renew the person's driver license or issue a driver license to the person
745     until the person gives the department proof of owner's or operator's security.
746          (i) This proof of owner's or operator's security shall be given by any of the ways
747     required under Section 41-12a-401.
748          (ii) This proof of owner's or operator's security shall be maintained with the department
749     for a three-year period.
750          (iii) An insurer that provides a certificate of insurance as provided under Section
751     41-12a-402 or 41-12a-403 may not terminate the insurance policy unless notice of termination
752     is filed with the department no later than 10 days after termination as required under Section
753     41-12a-404.
754          (iv) If a person who has canceled the certificate of insurance applies for a license
755     within three years from the date proof of owner's or operator's security was originally required,
756     the department shall refuse the application unless the person reestablishes proof of owner's or
757     operator's security and maintains the proof for the remainder of the three-year period.
758          Section 23. Section 53-1-116 is amended to read:
759          53-1-116. Violations.
760          A violation of this title, except for a violation under Chapter 3, Part 2, Driver Licensing
761     Act, is [a class C misdemeanor] an infraction, unless otherwise provided.
762          Section 24. Section 53-3-305 is amended to read:
763          53-3-305. Notification of impaired person to the division -- Confidentiality of
764     notification -- Rulemaking -- Penalty.
765          (1) A person who is aware of a physical, mental, or emotional impairment of another
766     person that appears to present an imminent threat to driving safety may notify the division of
767     the impairment.
768          (2) If the division determines that the notification made under Subsection (1) was made
769     in good faith, the division may require the person who is the subject of the notification to

770     submit to:
771          (a) one or more medical reports under Subsection 53-3-304(1);
772          (b) a physical and mental fitness test under Section 53-3-206;
773          (c) the knowledge test required by the division; or
774          (d) the skills test approved by the division.
775          (3) (a) A person making a notification under Subsection (1) may request that the
776     notification be confidential.
777          (b) If requested by the person notifying the division, the notification provided under
778     this section relating to a physical, mental, or emotional impairment is classified as a protected
779     record under Title 63G, Chapter 2, Government Records Access and Management Act, and the
780     identity of the person notifying the division may not be disclosed by the division.
781          (c) The division may not accept an anonymous notification under this section.
782          (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
783     division shall make rules establishing procedures for making a protected notification under this
784     section to ensure that the notification is made in good faith.
785          (5) A person who makes a notification with the intent to annoy, intimidate, or harass
786     the person that is the subject of the notification is guilty of [a class C misdemeanor] an
787     infraction.
788          Section 25. Section 53-3-412 is amended to read:
789          53-3-412. CDL classifications, endorsements, and restrictions.
790          (1) A CDL may be granted with the following classifications, endorsements, and
791     restrictions:
792          (a) Classifications:
793          (i) Class A: any combination of vehicles with a GVWR of 26,001 pounds or more, if
794     the GVWR of the one or more vehicles being towed is in excess of 10,000 pounds;
795          (ii) Class B: any single motor vehicle with a GVWR of 26,001 pounds or more,
796     including that motor vehicle when towing a vehicle with a GVWR of 10,000 pounds or less;
797     and
798          (iii) Class C: any single motor vehicle with a GVWR of less than 26,001 pounds or
799     that motor vehicle when towing a vehicle with a GVWR of 10,000 pounds or less when the
800     vehicle is designed:

801          (A) to carry 16 or more passengers, including the driver;
802          (B) as a school bus, and weighing less than 26,001 pounds GVWR; or
803          (C) to transport hazardous materials that requires the vehicle to be placarded under 49
804     C.F.R. Part 172, Subpart F.
805          (b) Endorsements:
806          (i) "H" authorizes the driver to drive a commercial motor vehicle transporting
807     hazardous materials as defined in 49 C.F.R. Sec. 383.5.
808          (ii) "N" authorizes the driver to drive a tank vehicle.
809          (iii) "P" authorizes the driver to drive a motor vehicle designed to carry 16 or more
810     passengers including the driver.
811          (iv) "S" authorizes the driver to transport preprimary, primary, or secondary school
812     students from home to school, school to home, or to and from school-sponsored events.
813          (v) "T" authorizes the driver to drive a commercial motor vehicle with a double or
814     triple trailer.
815          (vi) "X" authorizes the driver to drive a tank vehicle and transport hazardous materials.
816          (c) Restrictions:
817          (i) "E" restricts the driver from driving a commercial motor vehicle with a manual
818     transmission.
819          (ii) "K" restricts the driver to driving intrastate only any commercial motor vehicle as
820     defined by 49 C.F.R. Parts 383 and 390.
821          (iii) "L" restricts the driver to driving a commercial motor vehicle not equipped with
822     air brakes.
823          (iv) "J" provides for other CDL restrictions.
824          (v) "M" restricts a driver from transporting passengers using a class A bus.
825          (vi) "N" restricts a driver from transporting passengers using a class A or class B bus.
826          (vii) "O" restricts a driver from driving a commercial motor vehicle equipped with a
827     tractor trailer.
828          (viii) (A) "V" indicates that the driver has been issued a variance by the Federal Motor
829     Carrier Safety Administration in reference to the driver's medical certification status.
830          (B) A driver with a "V" restriction shall have the letter outlining the specifications for
831     the variance in the driver's possession along with the driver's commercial driver license when

832     operating a commercial motor vehicle.
833          (ix) "Z" restricts a driver from driving a commercial motor vehicle with non-fully
834     equipped air brakes.
835          (2) A commercial driver instruction permit may be granted with the following
836     classifications, endorsements, and restrictions:
837          (a) Classifications:
838          (i) Class A: any combination of vehicles with a GVWR of 26,001 pounds or more, if
839     the GVWR of the one or more vehicles being towed is in excess of 10,000 pounds;
840          (ii) Class B: any single motor vehicle with a GVWR of 26,001 pounds or more,
841     including that motor vehicle when towing a vehicle with a GVWR of 10,000 pounds or less;
842     and
843          (iii) Class C: any single motor vehicle with a GVWR of less than 26,001 pounds or
844     that motor vehicle when towing a vehicle with a GVWR of 10,000 pounds or less when the
845     vehicle is designed:
846          (A) to carry 16 or more passengers, including the driver;
847          (B) as a school bus, and weighing less than 26,001 pounds GVWR; or
848          (C) to transport hazardous material that requires the vehicle to be placarded under 49
849     C.F.R. Part 172, Subpart F.
850          (b) Endorsements:
851          (i) "N" authorizes the driver to drive a tank vehicle. An "N" endorsement may only be
852     issued with an "X" restriction.
853          (ii) "P" authorizes the driver to drive a motor vehicle designed to carry 16 or more
854     passengers including the driver. A "P" endorsement may only be issued with a "P" restriction.
855          (iii) "S" authorizes the driver to transport preprimary, primary, or secondary school
856     students from home to school, school to home, or to and from school-sponsored events. An
857     "S" endorsement may only be issued with a "P" restriction.
858          (c) Restrictions:
859          (i) "K" restricts the driver to driving intrastate only any commercial motor vehicle as
860     defined by 49 C.F.R. Parts 383 and 390.
861          (ii) "L" restricts the driver to driving a commercial motor vehicle not equipped with air
862     brakes.

863          (iii) "M" restricts a driver from transporting passengers using a class A bus.
864          (iv) "N" restricts a driver from transporting passengers using a class A or class B bus.
865          (v) "P" restricts a driver from having one or more passengers in the vehicle while
866     driving a commercial motor vehicle bus unless the passenger is:
867          (A) a federal or state auditor or inspector;
868          (B) a test examiner;
869          (C) another trainee; or
870          (D) the CDL holder accompanying the CDIP holder as required in 49 C.F.R. Sec.
871     383.25.
872          (vi) (A) "V" indicates that the driver has been issued a variance by the Federal Motor
873     Carrier Safety Administration in reference to the driver's medical certification status.
874          (B) A driver with a "V" restriction shall have the letter outlining the specifications for
875     the variance in the driver's possession along with the driver's commercial driver license when
876     operating a commercial motor vehicle.
877          (vii) "X" restricts a driver from having cargo in a commercial motor vehicle tank
878     vehicle.
879          (3) A violation of this section is [a class C misdemeanor] an infraction.
880          Section 26. Section 53-8-209 is amended to read:
881          53-8-209. Inspection by officers -- Certificate of inspection.
882          (1) A peace officer may stop, inspect, and test a vehicle at any time upon reasonable
883     cause to believe that:
884          (a) a vehicle is unsafe or not equipped as required by law; or
885          (b) that its equipment is not in proper adjustment or repair.
886          (2) (a) (i) If a vehicle is found to be in unsafe condition or any required part or
887     equipment is not present or is not in proper repair and adjustment, the officer shall give a
888     written notice to the driver and shall send a copy to the division.
889          (ii) The notice shall:
890          (A) require that the vehicle be placed in safe condition and its equipment in proper
891     repair and adjustment;
892          (B) specify the repairs and adjustments needed; and
893          (C) require that a safety inspection certificate be obtained within five days.

894          (b) If a vehicle is, in the reasonable judgment of the peace officer, hazardous to
895     operate, the peace officer may require that the vehicle:
896          (i) not be operated under its own power; or
897          (ii) be driven to the nearest garage or other place of safety.
898          (c) (i) If the owner or driver does not comply with the notice requirements and secure a
899     safety inspection certificate within five days, the vehicle may not be operated on the highways
900     of this state.
901          (ii) A violation of Subsection (2)(c)(i) is an infraction.
902          Section 27. Section 53B-3-107 is amended to read:
903          53B-3-107. Traffic violations -- Notice of rule or regulation.
904          (1) It is a violation of this section for any person to operate or park a vehicle upon any
905     property owned or controlled by a state institution of higher education contrary to posted signs
906     authorized by the published rules and regulations of the institution or to block or impede traffic
907     through or on any of these properties.
908          (2) A violation of Subsection (1) is [a class C misdemeanor] an infraction.
909          (3) Notice of a rule or regulation to all persons is sufficient if the rule or regulation is
910     published in one issue of a newspaper of general circulation in the county or counties in which
911     the institution and the campus or facility is located.
912          Section 28. Section 72-7-403 is amended to read:
913          72-7-403. Towing requirements and limitations on towing.
914          (1) (a) The draw-bar or other connection between any two vehicles, one of which is
915     towing or drawing the other on a highway, may not exceed 15 feet in length from one vehicle
916     to the other except:
917          (i) in the case of a connection between any two vehicles transporting poles, pipe,
918     machinery, or structural material that cannot be dismembered when transported upon a pole
919     trailer as defined in Section 41-6a-102; or
920          (ii) when operated under a permit under Section 72-7-406.
921          (b) When the connection between the two vehicles is a chain, rope, or cable, a red flag
922     or other signal or cloth not less than 12 inches both in length and width shall be displayed on or
923     near the midpoint of the connection.
924          (2) A person may not operate a combination of vehicles when any trailer, semitrailer,

925     or other vehicle being towed:
926          (a) whips or swerves from side to side dangerously or unreasonably; or
927          (b) fails to follow substantially in the path of the towing vehicle.
928          (3) A person who violates this section is guilty of [a class C misdemeanor] an
929     infraction.
930          Section 29. Section 72-7-404 is amended to read:
931          72-7-404. Maximum gross weight limitation for vehicles -- Bridge formula for
932     weight limitations -- Minimum mandatory fines.
933          (1) (a) As used in this section:
934          (i) "Axle load" means the total load on all wheels whose centers may be included
935     between two parallel transverse vertical planes 40 inches apart.
936          (ii) "Tandem axle" means two or more axles spaced not less than 40 inches nor more
937     than 96 inches apart and having at least one common point of weight suspension.
938          (b) The tire load rating shall be marked on the tire sidewall. A tire, wheel, or axle may
939     not carry a greater weight than the manufacturer's rating.
940          (2) (a) A vehicle may not be operated or moved on any highway in the state with:
941          (i) a gross weight in excess of 10,500 pounds on one wheel;
942          (ii) a single axle load in excess of 20,000 pounds; or
943          (iii) a tandem axle load in excess of 34,000 pounds.
944          (b) Subject to the limitations of Subsection (3), the gross vehicle weight of any vehicle
945     or combination of vehicles may not exceed 80,000 pounds.
946          (3) (a) Subject to the limitations in Subsection (2), no group of two or more
947     consecutive axles between the first and last axle of a vehicle or combination of vehicles and no
948     vehicle or combination of vehicles may carry a gross weight in excess of the weight provided
949     by the following bridge formula, except as provided in Subsection (3)(b):
950     
W = 500 {LN/(N-1) + 12N+36}

951          (i) W = overall gross weight on any group of two or more consecutive axles to the
952     nearest 500 pounds.
953          (ii) L = distance in feet between the extreme of any group of two or more consecutive
954     axles. When the distance in feet includes a fraction of a foot of one inch or more the next
955     larger number of feet shall be used.

956          (iii) N = number of axles in the group under consideration.
957          (b) Two consecutive sets of tandem axles may carry a gross weight of 34,000 pounds
958     each if the overall distance between the first and last axles of the consecutive sets of tandem
959     axles is 36 feet or more.
960          (4) Any exception to this section must be authorized by an overweight permit as
961     provided in Section 72-7-406.
962          (5) (a) Any person who violates this section is guilty of [a class C misdemeanor] an
963     infraction except that, notwithstanding Sections 76-3-301 and 76-3-302, the violator shall pay
964     the largest minimum mandatory fine of either:
965          (i) $50 plus the sum of the overweight axle fines calculated under Subsection (5)(b); or
966          (ii) $50 plus the gross vehicle weight fine calculated under Subsection (5)(b).
967          (b) The fine for each axle and a gross vehicle weight violation shall be calculated
968     according to the following schedule:
969     
Number of Pounds Overweight
Axle Fine (Cents per Pound
for Each Overweight Axle)
Gross Vehicle Weight
Fine(Cents per Pound)
970      1 - 2,00000
971      2,001 - 5,00045
972      5,001 - 8,00055
973      8,001 - 12,00065
974      12,001 - 16,00075
975      16,001 - 20,00095
976      20,001 - 25,000115
977      25,001 or more135

978          Section 30. Section 72-7-405 is amended to read:
979          72-7-405. Measuring vehicles for size and weight compliance -- Summary powers
980     of peace officers -- Penalty for violations.
981          (1) Any peace officer having reason to believe that the height, width, length, or weight
982     of a vehicle and load is unlawful may require the operator to stop the vehicle and submit to a
983     measurement or weighing of the vehicle and load.

984          (2) A peace officer may require that the vehicle be driven to the nearest scales or
985     port-of-entry if the scales or port-of-entry is within three miles.
986          (3) (a) A peace officer, special function officer, or port-of-entry agent may measure or
987     weigh a vehicle and vehicle load for compliance with this chapter.
988          (b) If, upon measuring or weighing a vehicle and load, it is determined that the height,
989     width, length, or weight is unlawful, the measuring or weighing peace officer, special function
990     officer, or port-of-entry agent may require the operator to park the vehicle in a suitable place.
991     The vehicle shall remain parked until the vehicle or its load is adjusted or a portion of the load
992     is removed to conform to legal limits. All materials unloaded shall be cared for by the owner
993     or operator of the vehicle at his risk.
994          (4) An operator who fails or refuses to stop and submit the vehicle and load to a
995     measurement or weighing, or who fails or refuses when directed by a peace officer, special
996     function officer, or port-of-entry agent to comply with this section is guilty of [a class C
997     misdemeanor] an infraction.
998          [(5) Any driver or owner of a vehicle who violates Section 72-7-404 or 72-7-406 is
999     guilty of a class C misdemeanor.]
1000          Section 31. Section 72-7-406 is amended to read:
1001          72-7-406. Oversize permits and oversize and overweight permits for vehicles of
1002     excessive size or weight -- Applications -- Restrictions -- Fees -- Rulemaking provisions --
1003     Penalty.
1004          (1) (a) The department may, upon receipt of an application and good cause shown,
1005     issue in writing an oversize permit or an oversize and overweight permit. The oversize permit
1006     or oversize and overweight permit may authorize the applicant to operate or move upon a
1007     highway:
1008          (i) a vehicle or combination of vehicles, unladen or with a load weighing more than the
1009     maximum weight specified in Section 72-7-404 for any wheel, axle, group of axles, or total
1010     gross weight; or
1011          (ii) a vehicle or combination of vehicles that exceeds the vehicle width, height, or
1012     length provisions under Section 72-7-402 or draw-bar length restriction under Subsection
1013     72-7-403(1)(a).
1014          (b) Except as provided under Subsection (8), an oversize and overweight permit may

1015     not be issued under this section to allow the transportation of a load that is reasonably divisible.
1016          (c) The maximum size or weight authorized by a permit under this section shall be
1017     within limits that do not impair the state's ability to qualify for federal-aid highway funds.
1018          (d) The department may deny or issue a permit under this section to protect the safety
1019     of the traveling public and to protect highway foundation, surfaces, or structures from undue
1020     damage by one or more of the following:
1021          (i) limiting the number of trips the vehicle may make;
1022          (ii) establishing seasonal or other time limits within which the vehicle may operate or
1023     move on the highway indicated;
1024          (iii) requiring security in addition to the permit to compensate for any potential damage
1025     by the vehicle to any highway; and
1026          (iv) otherwise limiting the conditions of operation or movement of the vehicle.
1027          (e) Prior to granting a permit under this section, the department shall approve the route
1028     of any vehicle or combination of vehicles.
1029          (2) An application for a permit under this section shall state:
1030          (a) the proposed maximum wheel loads, maximum axle loads, all axle spacings of each
1031     vehicle or combination of vehicles;
1032          (b) the proposed maximum load size and maximum size of each vehicle or
1033     combination of vehicles;
1034          (c) the specific roads requested to be used under authority of the permit; and
1035          (d) if the permit is requested for a single trip or if other seasonal limits or time limits
1036     apply.
1037          (3) Each oversize permit or oversize and overweight permit shall be carried in the
1038     vehicle or combination of vehicles to which it refers and shall be available for inspection by
1039     any peace officer, special function officer, port of entry agent, or other personnel authorized by
1040     the department.
1041          (4) A permit under this section may not be issued or is not valid unless the vehicle or
1042     combination of vehicles is:
1043          (a) properly registered for the weight authorized by the permit; or
1044          (b) registered for a gross laden weight of 78,001 pounds or over, if the gross laden
1045     weight authorized by the permit exceeds 80,000 pounds.

1046          (5) (a) (i) An oversize permit may be issued under this section for a vehicle or
1047     combination of vehicles that exceeds one or more of the maximum width, height, or length
1048     provisions under Section 72-7-402.
1049          (ii) Except for an annual oversize permit for an implement of husbandry under Section
1050     72-7-407 or for an annual oversize permit issued under Subsection (5)(a)(iii), only a single trip
1051     oversize permit may be issued for a vehicle or combination of vehicles that is more than 14 feet
1052     6 inches wide, 14 feet high, or 105 feet long.
1053          (iii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1054     the department shall make rules for the issuance of an annual oversize permit for a vehicle or
1055     combination of vehicles that is more than 14 feet 6 inches wide, 14 feet high, or 105 feet long
1056     if the department determines that the permit is needed to accommodate highway transportation
1057     needs for multiple trips on a specified route.
1058          (b) The fee is $30 for a single trip oversize permit under this Subsection (5). This
1059     permit is valid for not more than 96 continuous hours.
1060          (c) The fee is $75 for a semiannual oversize permit under this Subsection (5). This
1061     permit is valid for not more than 180 continuous days.
1062          (d) The fee is $90 for an annual oversize permit under this Subsection (5). This permit
1063     is valid for not more than 365 continuous days.
1064          (6) (a) An oversize and overweight permit may be issued under this section for a
1065     vehicle or combination of vehicles carrying a nondivisible load that exceeds one or more of the
1066     maximum weight provisions of Section 72-7-404 up to a gross weight of 125,000 pounds.
1067          (b) The fee is $60 for a single trip oversize and overweight permit under this
1068     Subsection (6). This permit is valid for not more than 96 continuous hours.
1069          (c) A semiannual oversize and overweight permit under this Subsection (6) is valid for
1070     not more than 180 continuous days. The fee for this permit is:
1071          (i) $180 for a vehicle or combination of vehicles with gross vehicle weight of more
1072     than 80,000 pounds, but not exceeding 84,000 pounds;
1073          (ii) $320 for a vehicle or combination of vehicles with gross vehicle weight of more
1074     than 84,000 pounds, but not exceeding 112,000 pounds; and
1075          (iii) $420 for a vehicle or combination of vehicles with gross vehicle weight of more
1076     than 112,000 pounds, but not exceeding 125,000 pounds.

1077          (d) An annual oversize and overweight permit under this Subsection (6) is valid for not
1078     more than 365 continuous days. The fee for this permit is:
1079          (i) $240 for a vehicle or combination of vehicles with gross vehicle weight of more
1080     than 80,000 pounds, but not exceeding 84,000 pounds;
1081          (ii) $480 for a vehicle or combination of vehicles with gross vehicle weight of more
1082     than 84,000 pounds, but not exceeding 112,000 pounds; and
1083          (iii) $540 for a vehicle or combination of vehicles with gross vehicle weight of more
1084     than 112,000 pounds, but not exceeding 125,000 pounds.
1085          (7) (a) A single trip oversize and overweight permit may be issued under this section
1086     for a vehicle or combination of vehicles carrying a nondivisible load that exceeds:
1087          (i) one or more of the maximum weight provisions of Section 72-7-404; or
1088          (ii) a gross weight of 125,000 pounds.
1089          (b) (i) The fee for a single trip oversize and overweight permit under this Subsection
1090     (7), which is valid for not more than 96 continuous hours, is $.012 per mile for each 1,000
1091     pounds above 80,000 pounds subject to the rounding described in Subsection (7)(c).
1092          (ii) The minimum fee that may be charged under this Subsection (7) is $80.
1093          (iii) The maximum fee that may be charged under this Subsection (7) is $540.
1094          (c) (i) The miles used to calculate the fee under this Subsection (7) shall be rounded up
1095     to the nearest 50 mile increment.
1096          (ii) The pounds used to calculate the fee under this Subsection (7) shall be rounded up
1097     to the nearest 25,000 pound increment.
1098          (iii) The dollar amount used to calculate the fee under this Subsection (7) shall be
1099     rounded to the nearest $10 increment.
1100          (8) (a) An oversize and overweight permit may be issued under this section for a
1101     vehicle or combination of vehicles carrying a divisible load if:
1102          (i) the bridge formula under Subsection 72-7-404(3) is not exceeded; and
1103          (ii) the length of the vehicle or combination of vehicles is:
1104          (A) more than the limitations specified under Subsections 72-7-402(4)(c) and (d) or
1105     Subsection 72-7-403(1)(a) but not exceeding 81 feet in cargo carrying length and the
1106     application is for a single trip, semiannual trip, or annual trip permit; or
1107          (B) more than 81 feet in cargo carrying length but not exceeding 95 feet in cargo

1108     carrying length and the application is for an annual trip permit.
1109          (b) The fee is $60 for a single trip oversize and overweight permit under this
1110     Subsection (8). The permit is valid for not more than 96 continuous hours.
1111          (c) The fee for a semiannual oversize and overweight permit under this Subsection (8),
1112     which permit is valid for not more than 180 continuous days is:
1113          (i) $180 for a vehicle or combination of vehicles with gross vehicle weight of more
1114     than 80,000 pounds, but not exceeding 84,000 pounds;
1115          (ii) $320 for a vehicle or combination of vehicles with gross vehicle weight of more
1116     than 84,000 pounds, but not exceeding 112,000 pounds; and
1117          (iii) $420 for a vehicle or combination of vehicles with gross vehicle weight of more
1118     than 112,000 pounds, but not exceeding 129,000 pounds.
1119          (d) The fee for an annual oversize and overweight permit under this Subsection (8),
1120     which permit is valid for not more than 365 continuous days is:
1121          (i) $240 for a vehicle or combination of vehicles with gross vehicle weight of more
1122     than 80,000 pounds, but not exceeding 84,000 pounds;
1123          (ii) $480 for a vehicle or combination of vehicles with gross vehicle weight of more
1124     than 84,000 pounds, but not exceeding 112,000 pounds; and
1125          (iii) $540 for a vehicle or combination of vehicles with gross vehicle weight of more
1126     than 112,000 pounds, but not exceeding 129,000 pounds.
1127          (9) Permit fees collected under this section shall be credited monthly to the
1128     Transportation Fund.
1129          (10) The department shall prepare maps, drawings, and instructions as guidance when
1130     issuing permits under this section.
1131          (11) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1132     the department shall make rules governing the issuance and revocation of all permits under this
1133     section and Section 72-7-407.
1134          (12) Any person who violates any of the terms or conditions of a permit issued under
1135     this section:
1136          (a) may have the person's permit revoked; and
1137          (b) is guilty of [a class C misdemeanor] an infraction, except that a violation of any
1138     rule made under Subsection (11) is not subject to a criminal penalty.

1139          Section 32. Section 72-7-407 is amended to read:
1140          72-7-407. Implements of husbandry -- Escort vehicle requirements -- Oversize
1141     permit -- Penalty.
1142          (1) As used in this section, "escort vehicle" means a motor vehicle, as defined under
1143     Section 41-1a-102, that has its emergency warning lights operating, and that is being used to
1144     warn approaching motorists by either preceding or following a slow or oversized vehicle,
1145     object, or implement of husbandry being moved on the highway.
1146          (2) An implement of husbandry being moved on a highway shall be accompanied by:
1147          (a) front and rear escort vehicles when the implement of husbandry is 16 feet in width
1148     or greater unless the implement of husbandry is moved by a farmer or rancher or the farmer or
1149     rancher's employees in connection with an agricultural operation; or
1150          (b) one or more escort vehicles when the implement of husbandry is traveling on a
1151     highway where special hazards exist related to weather, pedestrians, other traffic, or highway
1152     conditions.
1153          (3) In addition to the requirements of Subsection (2), a person may not move an
1154     implement of husbandry on a highway during hours of darkness without lights and reflectors as
1155     required under Section 41-6a-1608 or 41-6a-1609.
1156          (4) (a) Except for an implement of husbandry moved by a farmer or rancher or the
1157     farmer's or rancher's employees in connection with an agricultural operation, a person may not
1158     move an implement of husbandry on the highway without:
1159          (i) an oversize permit obtained under Section 72-7-406 if required;
1160          (ii) trained escort vehicle drivers and approved escort vehicles when required under
1161     Subsection (2); and
1162          (iii) compliance with the vehicle weight requirements of Section 72-7-404.
1163          (b) (i) The department shall issue an annual oversize permit for the purpose of allowing
1164     the movement of implements of husbandry on the highways in accordance with this chapter.
1165          (ii) The permit shall require the applicant to obtain verbal permission from the
1166     department for each trip involving the movement of an implement of husbandry 16 feet or
1167     greater in width.
1168          (5) Any person who violates this section is guilty of [a class C misdemeanor] an
1169     infraction.

1170          Section 33. Section 72-7-408 is amended to read:
1171          72-7-408. Highway authority -- Restrictions on highway use -- Erection and
1172     maintenance of signs designating restrictions -- Penalty.
1173          (1) (a) Subject to Subsection (1)(b), a highway authority may by rule or ordinance
1174     prescribe procedures and criteria which prohibit the operation of any vehicle or impose
1175     restrictions on the weight of a vehicle upon any highway under its jurisdiction.
1176          (b) A highway authority may impose restrictions for a highway under Subsection (1)(a)
1177     if an engineering inspection concludes that, due to deterioration caused by climatic conditions,
1178     a highway will be seriously damaged or destroyed unless certain vehicles are prohibited or
1179     vehicle weights are restricted.
1180          (2) The highway authority imposing restrictions under this section shall erect signs
1181     citing the provisions of the rule or ordinance at each end of that portion of any highway
1182     affected. The restriction is effective only when the signs are erected and maintained.
1183          (3) Any person who violates any restriction imposed under the authority of this section
1184     is guilty of [a class C misdemeanor] an infraction.
1185          Section 34. Section 72-7-409 is amended to read:
1186          72-7-409. Loads on vehicles -- Limitations -- Confining, securing, and fastening
1187     load required -- Penalty.
1188          (1) As used in this section:
1189          (a) "Agricultural product" means any raw product which is derived from agriculture,
1190     including silage, hay, straw, grain, manure, and other similar product.
1191          (b) "Vehicle" has the same meaning set forth in Section 41-1a-102.
1192          (2) A vehicle may not be operated or moved on any highway unless the vehicle is
1193     constructed or loaded to prevent its contents from dropping, sifting, leaking, or otherwise
1194     escaping.
1195          (3) (a) In addition to the requirements under Subsection (2), a vehicle carrying dirt,
1196     sand, gravel, rock fragments, pebbles, crushed base, aggregate, any other similar material, or
1197     scrap metal shall have a covering over the entire load unless:
1198          (i) the highest point of the load does not extend above the top of any exterior wall or
1199     sideboard of the cargo compartment of the vehicle; and
1200          (ii) the outer edges of the load are at least six inches below the top inside edges of the

1201     exterior walls or sideboards of the cargo compartment of the vehicle.
1202          (b) In addition to the requirements under Subsection (2), a vehicle carrying trash or
1203     garbage shall have a covering over the entire load.
1204          (c) The following material is exempt from the provisions of Subsection (3)(a):
1205          (i) hot mix asphalt;
1206          (ii) construction debris or scrap metal if the debris or scrap metal is a size and in a form
1207     not susceptible to being blown out of the vehicle;
1208          (iii) material being transported across a highway between two parcels of property that
1209     would be contiguous but for the highway that is being crossed; and
1210          (iv) material listed under Subsection (3)(a) that is enclosed on all sides by containers,
1211     bags, or packaging.
1212          (d) A chemical substance capable of coating or bonding a load so that the load is
1213     confined on a vehicle, may be considered a covering for purposes of Subsection (3)(a) so long
1214     as the chemical substance remains effective at confining the load.
1215          (4) Subsections (2) and (3) do not apply to a vehicle or implement of husbandry
1216     carrying an agricultural product, if the agricultural product is:
1217          (a) being transported in a manner which is not a hazard or a potential hazard to the safe
1218     operation of the vehicle or to other highway users; and
1219          (b) loaded in a manner that only allows minimal spillage.
1220          (5) (a) An authorized vehicle performing snow removal services on a highway is
1221     exempt from the requirements of this section.
1222          (b) This section does not prohibit the necessary spreading of any substance connected
1223     with highway maintenance, construction, securing traction, or snow removal.
1224          (6) A person may not operate a vehicle with a load on any highway unless the load and
1225     any load covering is fastened, secured, and confined to prevent the covering or load from
1226     becoming loose, detached, or in any manner a hazard to the safe operation of the vehicle, or to
1227     other highway users.
1228          (7) Before entering a highway, the operator of a vehicle carrying any material listed
1229     under Subsection (3), shall remove all loose material on any portion of the vehicle not designed
1230     to carry the material.
1231          (8) (a) Any person who violates this section is guilty of [a class C misdemeanor] an

1232     infraction.
1233          (b) A person who violates a provision of this section shall be fined not less than:
1234          (i) $200 for a violation; or
1235          (ii) $500 for a second or subsequent violation within three years of a previous violation
1236     of this section.
1237          (c) A person who violates a provision of this section while operating a commercial
1238     vehicle as defined in Section 72-9-102 shall be fined:
1239          (i) not less than $500 for a violation; or
1240          (ii) $1,000 for a second or subsequent violation within three years of a previous
1241     violation of this section.
1242          Section 35. Section 73-18-6 is amended to read:
1243          73-18-6. Numbering of motorboats and sailboats required -- Exception.
1244          (1) Every motorboat and sailboat on the waters of this state shall be numbered. No
1245     person shall operate or give permission for the operation of any motorboat or sailboat on the
1246     waters of this state unless the motorboat or sailboat is numbered in accordance with:
1247          (a) this chapter;
1248          (b) applicable federal law; or
1249          (c) a federally-approved numbering system of another state, if the owner is a resident
1250     of that state and his motorboat or sailboat has not been in this state in excess of 60 days for the
1251     calendar year.
1252          (2) The number assigned to a motorboat or sailboat in accordance with this chapter,
1253     applicable federal law, or a federally-approved numbering system of another state shall be
1254     displayed on each side of the bow of the motorboat or sailboat, except this requirement does
1255     not apply to any vessel which has a valid marine document issued by the United States Coast
1256     Guard.
1257          (3) A violation of this section is [a class C misdemeanor] an infraction.
1258          Section 36. Section 73-18-7 is amended to read:
1259          73-18-7. Registration requirements -- Exemptions -- Fee -- Agents -- Records --
1260     Period of registration and renewal -- Expiration -- Notice of transfer of interest or change
1261     of address -- Duplicate registration card -- Invalid registration -- Powers of board.
1262          (1) (a) Except as provided by Section 73-18-9, the owner of each motorboat and

1263     sailboat on the waters of this state shall register it with the division as provided in this chapter.
1264          (b) A person may not place, give permission for the placement of, operate, or give
1265     permission for the operation of a motorboat or sailboat on the waters of this state, unless the
1266     motorboat or sailboat is registered as provided in this chapter.
1267          (2) (a) The owner of a motorboat or sailboat required to be registered shall file an
1268     application for registration with the division on forms approved by the division.
1269          (b) The owner of the motorboat or sailboat shall sign the application and pay the fee set
1270     by the board in accordance with Section 63J-1-504.
1271          (c) Before receiving a registration card and registration decals, the applicant shall
1272     provide the division with a certificate from the county assessor of the county in which the
1273     motorboat or sailboat has situs for taxation, stating that:
1274          (i) the property tax on the motorboat or sailboat for the current year has been paid;
1275          (ii) in the county assessor's opinion, the property tax is a lien on real property sufficient
1276     to secure the payment of the property tax; or
1277          (iii) the motorboat or sailboat is exempt by law from payment of property tax for the
1278     current year.
1279          (d) If the board modifies the fee under Subsection (2)(b), the modification shall take
1280     effect on the first day of the calendar quarter after 90 days from the day on which the board
1281     provides the State Tax Commission:
1282          (i) notice from the board stating that the board will modify the fee; and
1283          (ii) a copy of the fee modification.
1284          (3) (a) Upon receipt of the application in the approved form, the division shall record
1285     the receipt and issue to the applicant registration decals and a registration card that state the
1286     number assigned to the motorboat or sailboat and the name and address of the owner.
1287          (b) The registration card shall be available for inspection on the motorboat or sailboat
1288     for which it was issued, whenever that motorboat or sailboat is in operation.
1289          (4) The assigned number shall:
1290          (a) be painted or permanently attached to each side of the forward half of the motorboat
1291     or sailboat;
1292          (b) consist of plain vertical block characters not less than three inches in height;
1293          (c) contrast with the color of the background and be distinctly visible and legible;

1294          (d) have spaces or hyphens equal to the width of a letter between the letter and numeral
1295     groupings; and
1296          (e) read from left to right.
1297          (5) A motorboat or sailboat with a valid marine document issued by the United States
1298     Coast Guard is exempt from the number display requirements of Subsection (4).
1299          (6) The nonresident owner of any motorboat or sailboat already covered by a valid
1300     number that has been assigned to it according to federal law or a federally approved numbering
1301     system of the owner's resident state is exempt from registration while operating the motorboat
1302     or sailboat on the waters of this state unless the owner is operating in excess of the reciprocity
1303     period provided for in Subsection 73-18-9(1).
1304          (7) (a) If the ownership of a motorboat or sailboat changes, the new owner shall file a
1305     new application form and fee with the division, and the division shall issue a new registration
1306     card and registration decals in the same manner as provided for in Subsections (2) and (3).
1307          (b) The division shall reassign the current number assigned to the motorboat or sailboat
1308     to the new owner to display on the motorboat or sailboat.
1309          (8) If the United States Coast Guard has in force an overall system of identification
1310     numbering for motorboats or sailboats within the United States, the numbering system
1311     employed under this chapter by the board shall conform with that system.
1312          (9) (a) The division may authorize any person to act as its agent for the registration of
1313     motorboats and sailboats.
1314          (b) A number assigned, a registration card, and registration decals issued by an agent of
1315     the division in conformity with this chapter and rules of the board are valid.
1316          (10) (a) The Motor Vehicle Division shall classify all records of the division made or
1317     kept according to this section in the same manner that motor vehicle records are classified
1318     under Section 41-1a-116.
1319          (b) Division records are available for inspection in the same manner as motor vehicle
1320     records pursuant to Section 41-1a-116.
1321          (11) (a) (i) Each registration, registration card, and decal issued under this chapter shall
1322     continue in effect for 12 months, beginning with the first day of the calendar month of
1323     registration.
1324          (ii) A registration may be renewed by the owner in the same manner provided for in the

1325     initial application.
1326          (iii) The division shall reassign the current number assigned to the motorboat or
1327     sailboat when the registration is renewed.
1328          (b) Each registration, registration card, and registration decal expires the last day of the
1329     month in the year following the calendar month of registration.
1330          (c) If the last day of the registration period falls on a day in which the appropriate state
1331     or county offices are not open for business, the registration of the motorboat or sailboat is
1332     extended to 12 midnight of the next business day.
1333          (d) The division may receive applications for registration renewal and issue new
1334     registration cards at any time before the expiration of the registration, subject to the availability
1335     of renewal materials.
1336          (e) The new registration shall retain the same expiration month as recorded on the
1337     original registration even if the registration has expired.
1338          (f) The year of registration shall be changed to reflect the renewed registration period.
1339          (g) If the registration renewal application is an application generated by the division
1340     through its automated system, the owner is not required to surrender the last registration card or
1341     duplicate.
1342          (12) (a) An owner shall notify the division of:
1343          (i) the transfer of all or any part of the owner's interest, other than creation of a security
1344     interest, in a motorboat or sailboat registered in this state under Subsections (2) and (3); and
1345          (ii) the destruction or abandonment of the owner's motorboat or sailboat.
1346          (b) Notification must take place within 15 days of the transfer, destruction, or
1347     abandonment.
1348          (c) (i) The transfer, destruction, or abandonment of a motorboat or sailboat terminates
1349     its registration.
1350          (ii) Notwithstanding Subsection (12)(c)(i), a transfer of a part interest that does not
1351     affect the owner's right to operate a motorboat or sailboat does not terminate the registration.
1352          (13) (a) A registered owner shall notify the division within 15 days if the owner's
1353     address changes from the address appearing on the registration card and shall, as a part of this
1354     notification, furnish the division with the owner's new address.
1355          (b) The board may provide in its rules for:

1356          (i) the surrender of the registration card bearing the former address; and
1357          (ii) (A) the replacement of the card with a new registration card bearing the new
1358     address; or
1359          (B) the alteration of an existing registration card to show the owner's new address.
1360          (14) (a) If a registration card is lost or stolen, the division may collect a fee of $4 for
1361     the issuance of a duplicate card.
1362          (b) If a registration decal is lost or stolen, the division may collect a fee of $3 for the
1363     issuance of a duplicate decal.
1364          (15) A number other than the number assigned to a motorboat or sailboat or a number
1365     for a motorboat or sailboat granted reciprocity under this chapter may not be painted, attached,
1366     or otherwise displayed on either side of the bow of a motorboat or sailboat.
1367          (16) A motorboat or sailboat registration and number are invalid if obtained by
1368     knowingly falsifying an application for registration.
1369          (17) The board may designate the suffix to assigned numbers, and by following the
1370     procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1371     make rules for:
1372          (a) the display of registration decals;
1373          (b) the issuance and display of dealer numbers and registrations; and
1374          (c) the issuance and display of temporary registrations.
1375          (18) A violation of this section is [a class C misdemeanor] an infraction.
1376          Section 37. Section 73-18-8 is amended to read:
1377          73-18-8. Safety equipment required to be on board vessels -- Penalties.
1378          (1) (a) Except as provided in Subsection (1)(c), each vessel shall have, for each person
1379     on board, one wearable personal flotation device that is approved for the type of use by the
1380     commandant of the United States Coast Guard.
1381          (b) Each personal flotation device shall be:
1382          (i) in serviceable condition;
1383          (ii) legally marked with the United States Coast Guard approval number; and
1384          (iii) of an appropriate size for the person for whom it is intended.
1385          (c) (i) Sailboards and racing shells are exempt from the provisions of Subsections
1386     (1)(a) and (e).

1387          (ii) The board may exempt certain types of vessels from the provisions of Subsection
1388     (1)(a) under certain conditions or upon certain waters.
1389          (d) The board may require by rule for personal flotation devices to be worn:
1390          (i) while a person is on board a certain type of vessel;
1391          (ii) by a person under a certain age; or
1392          (iii) on certain waters of the state.
1393          (e) For vessels 16 feet or more in length, there shall also be on board one throwable
1394     personal flotation device which is approved for this use by the commandant of the United
1395     States Coast Guard.
1396          (2) The operator of a vessel operated between sunset and sunrise shall display lighted
1397     navigation lights approved by the division.
1398          (3) If a vessel is not entirely open and it carries or uses any flammable or toxic fluid in
1399     any enclosure for any purpose, the vessel shall be equipped with an efficient natural or
1400     mechanical ventilation system that is capable of removing resulting gases before and during the
1401     time the vessel is occupied by any person.
1402          (4) Each vessel shall have fire extinguishing equipment on board.
1403          (5) Any inboard gasoline engine shall be equipped with a carburetor backfire flame
1404     control device.
1405          (6) The board may:
1406          (a) require additional safety equipment by rule; and
1407          (b) adopt rules conforming with the requirements of this section which govern
1408     specifications for and the use of safety equipment.
1409          (7) A person may not operate or give permission for the operation of a vessel that is not
1410     equipped as required by this section or rules promulgated under this section.
1411          (8) A violation of this section is [a class C misdemeanor] an infraction.
1412          Section 38. Section 73-18-8.1 is amended to read:
1413          73-18-8.1. Capacity and certification label.
1414          (1) Each vessel manufactured after November 1, 1972, which is less than 20 feet in
1415     length, except a sailboat, canoe, kayak, inflatable vessel, or homemade motor boat must have a
1416     United States Coast Guard capacity and certification label permanently affixed to the vessel
1417     and clearly visible to the operator when boarding or operating the vessel. The capacity and

1418     certification information may be combined together and displayed on one label.
1419          (2) No person shall operate, or give permission for the operation of, any vessel on the
1420     waters of this state if it is loaded or powered in excess of the maximum capacity information
1421     on the United States Coast Guard capacity label.
1422          (3) No person shall alter, deface, or remove any United States Coast Guard capacity or
1423     certification information label affixed to a vessel.
1424          (4) No person shall operate, or give permission for the operation of, a vessel on the
1425     waters of this state if the required United States Coast Guard capacity or certification
1426     information label has been altered, defaced, or removed.
1427          (5) A violation of this section is [a class C misdemeanor] an infraction.
1428          Section 39. Section 73-18-15.1 is amended to read:
1429          73-18-15.1. Vessel navigation and steering laws.
1430          (1) The operator of a vessel shall maintain a proper lookout by sight and hearing at all
1431     times to avoid the risk of collision.
1432          (2) When the operators of two motorboats approach each other where there is risk of
1433     collision, each operator shall alter course to the right and pass on the left side of the other.
1434          (3) When the operators of two motorboats are crossing paths and are at risk of a
1435     collision, the operator of the vessel that has the other vessel on its right side shall keep out of
1436     the way and yield right-of-way if necessary.
1437          (4) The operator of any vessel overtaking any other vessel shall keep out of the way of
1438     the vessel being overtaken.
1439          (5) The operator of a vessel underway shall keep out of the way of a:
1440          (a) vessel not under command;
1441          (b) vessel restricted in its ability to maneuver;
1442          (c) vessel engaged in fishing; and
1443          (d) sailing vessel.
1444          (6) If the operator of one of two vessels is to keep out of the way, the other vessel
1445     operator shall maintain his course and speed unless it becomes apparent the other vessel is not
1446     taking the appropriate action.
1447          (7) In narrow channels an operator of a vessel underway shall keep to the right of the
1448     middle of the channel.

1449          (8) The operator of a vessel shall proceed at a safe speed at all times so that the
1450     operator can take proper and effective action to avoid collision and be stopped within a
1451     distance appropriate to the prevailing circumstances or conditions.
1452          (9) (a) When the operators of two sailboats are approaching one another so as to
1453     involve risk of collision, one of the operators shall keep out of the way of the other as follows:
1454          (i) when each has the wind on a different side, the operator of the vessel that has the
1455     wind on the left side shall keep out of the way of the other;
1456          (ii) when both have the wind on the same side, the operator of the vessel that is to the
1457     windward shall keep out of the way of the vessel that is to leeward; and
1458          (iii) if the operator of a vessel with the wind on the left side sees a vessel to windward
1459     and cannot determine with certainty whether the other vessel has the wind on the left or on the
1460     right side, the operator shall keep out of way of the other vessel.
1461          (b) For purposes of this Subsection (9), the windward side shall be the side opposite
1462     that on which the mainsail is carried.
1463          (10) The operator of any vessel may not exceed a wakeless speed when within 150 feet
1464     of:
1465          (a) another vessel;
1466          (b) a person in or floating on the water;
1467          (c) a water skier being towed by another boat;
1468          (d) a water skier that had been towed behind the operator's vessel unless the skier is
1469     still surfing or riding in an upright stance on the wake created by the vessel;
1470          (e) a water skier that had been towed behind another vessel and the skier is still surfing
1471     or riding in an upright stance on the wake created by the other vessel;
1472          (f) a shore fisherman;
1473          (g) a launching ramp;
1474          (h) a dock; or
1475          (i) a designated swimming area.
1476          (11) The operator of a motorboat is responsible for any damage or injury caused by the
1477     wake produced by the operator's motorboat.
1478          (12) (a) Except as provided in Subsection (12)(b), the operator of a motorboat that is
1479     less than 65 feet in length may not exceed a wakeless speed while any person is riding upon the

1480     bow decking, gunwales, transom, seatbacks, or motor cover.
1481          (b) Subsection (12)(a) does not apply if the motorboat is:
1482          (i) between 16 feet and 65 feet in length; and
1483          (ii) the motorboat is equipped with adequate rails or other safeguards to prevent a
1484     person from falling overboard.
1485          (13) If a person is riding upon the bow decking of a motorboat that does not have
1486     designed seating for passengers, the person shall straddle one of the upright supports of the
1487     bow rail and may not block the vision of the operator.
1488          (14) The operator of a vessel may not tow a water skier or a person on another device:
1489          (a) unless an onboard observer, who is at least eight years of age, is designated by the
1490     operator to watch the person being towed; or
1491          (b) between sunset and sunrise.
1492          (15) A person who violates this section is guilty of [an infraction] a class C
1493     misdemeanor.
1494          Section 40. Section 73-18-15.2 is amended to read:
1495          73-18-15.2. Minimum age of operators -- Boating safety course for youth to
1496     operate personal watercraft.
1497          (1) (a) A person under 16 years of age may not operate a motorboat on the waters of
1498     this state unless the person is under the on-board and direct supervision of a person who is at
1499     least 18 years of age.
1500          (b) A person under 16 years of age may operate a sailboat, if the person is under the
1501     direct supervision of a person who is at least 18 years of age.
1502          (2) A person who is at least 12 years of age or older but under 16 years of age may
1503     operate a personal watercraft provided he:
1504          (a) is under the direct supervision of a person who is at least 18 years of age;
1505          (b) completes a boating safety course approved by the division; and
1506          (c) has in his possession a boating safety certificate issued by the boating safety course
1507     provider.
1508          (3) A person who is at least 16 years of age but under 18 years of age may operate a
1509     personal watercraft, if the person:
1510          (a) completes a boating safety course approved by the division; and

1511          (b) has in his possession a boating safety certificate issued by the boating safety course
1512     provider.
1513          (4) A person required to attend a boating safety course under Subsection (3)(a) need
1514     not be accompanied by a parent or legal guardian while completing a boating safety course.
1515          (5) A person may not give permission to another person to operate a vessel in violation
1516     of this section.
1517          (6) As used in this section, "direct supervision" means oversight at a distance within
1518     which visual contact is maintained.
1519          (7) (a) The division may collect fees set by the board in accordance with Section
1520     63J-1-504 from each person who takes the division's boating safety course to help defray the
1521     cost of the boating safety course.
1522          (b) Money collected from the fees collected under Subsection (7)(a) shall be deposited
1523     in the Boating Account.
1524          (8) A violation of this section is [a class C misdemeanor] an infraction.
1525          Section 41. Section 73-18-15.3 is amended to read:
1526          73-18-15.3. Personal watercraft -- Prohibition on operation between sunset and
1527     sunrise.
1528          (1) A person may not operate a personal watercraft on the waters of this state between
1529     sunset and sunrise.
1530          (2) A violation of this section is [a class C misdemeanor] an infraction.
1531          Section 42. Section 73-18-16 is amended to read:
1532          73-18-16. Regattas, races, exhibitions -- Rules.
1533          (1) The division may authorize the holding of regattas, motorboat or other boat races,
1534     marine parades, tournaments, or exhibitions on any waters of this state.
1535          (2) The board may adopt rules concerning the safety of vessels and persons, either as
1536     observers or participants, that do not conflict with the provisions of Subsections (3) and (4).
1537          (3) A person may elect, at the person's own risk, to wear a non-Coast Guard approved
1538     personal floatation device if the person is on an American Water Ski Association regulation
1539     tournament slalom course and is:
1540          (a) engaged in barefoot water skiing;
1541          (b) water skiing in an American Water Ski Association regulation competition;

1542          (c) a performer participating in a professional exhibition or other tournament; or
1543          (d) practicing for an event described in Subsection (3)(b) or (c).
1544          (4) If a person is water skiing in an American Water Ski Association regulation
1545     tournament slalom course, an observer and flag are not required if the vessel is:
1546          (a) equipped with a wide angle mirror with a viewing surface of at least 48 square
1547     inches; and
1548          (b) operated by a person who is at least 18 years of age.
1549          (5) A violation of this section is [a class C misdemeanor] an infraction.
1550          Section 43. Section 76-9-702.3 is amended to read:
1551          76-9-702.3. Public urination.
1552          (1) A person is guilty of public urination if the person urinates or defecates:
1553          (a) in a public place, other than a public rest room; and
1554          (b) under circumstances which the person should know will likely cause affront or
1555     alarm to another.
1556          (2) Public urination is [a class C misdemeanor] an infraction.
1557          Section 44. Section 76-9-706 is amended to read:
1558          76-9-706. False representation of military award -- False wearing or use of medal,
1559     name, title, insignia, ritual, or ceremony of a military related organization.
1560          (1) As used in this section:
1561          (a) "Military related organization" means a public or private society, order, or
1562     organization that:
1563          (i) only accepts as a member, a person, or the relative of a person, who is:
1564          (A) a member of the military; or
1565          (B) an honorably discharged member of the military; and
1566          (ii) is organized for the purpose of:
1567          (A) recognizing or honoring a person for military service;
1568          (B) assisting a person described in Subsection (1)(a)(i) to lawfully associate with, or
1569     provide service with, other people described in Subsection (1)(a)(i); or
1570          (C) provide support for, or assistance to, a person described in Subsection (1)(a)(i).
1571          (b) "Service medal" means:
1572          (i) a congressional medal of honor, as defined in 18 U.S.C. 704(c)(2);

1573          (ii) a distinguished service cross, as defined in 10 U.S.C 3742;
1574          (iii) a Navy cross, as defined in 10 U.S.C. 6242;
1575          (iv) an Air Force cross, as defined in 10 U.S.C. 8742;
1576          (v) a silver star, as defined in 10 U.S.C. 3746, 6244, or 8746;
1577          (vi) a bronze star, as defined in 10 U.S.C. 1133;
1578          (vii) a purple heart, as defined in 10 U.S.C. 1129;
1579          (viii) any decoration or medal authorized by the Congress of the United States for the
1580     armed forces of the United States;
1581          (ix) any service medal or badge awarded to members of the armed forces of the United
1582     States;
1583          (x) any of the following Utah National Guard medals or ribbons:
1584          (A) medal of valor;
1585          (B) Utah cross;
1586          (C) joint medal of merit;
1587          (D) Utah medal of merit;
1588          (E) joint commendation medal;
1589          (F) commendation medal;
1590          (G) achievement ribbon;
1591          (H) joint staff service ribbon;
1592          (I) state partnership service ribbon;
1593          (J) service ribbon;
1594          (K) military funeral honors service ribbon;
1595          (L) emergency service ribbon; or
1596          (M) recruiting ribbon;
1597          (xi) any ribbon, button, or rosette for a decoration, medal, or badge described in
1598     Subsections (1)(b)(i) through (x); or
1599          (xii) an imitation of a decoration, medal, badge, ribbon, button, or rosette described in
1600     Subsections (1)(b)(i) through (xi).
1601          (2) Any person who intentionally makes a false representation, verbally or in writing,
1602     that the person has been awarded a service medal is guilty of [a class C misdemeanor] an
1603     infraction.

1604          (3) Any person who wears, purchases, attempts to purchase, solicits for purchase,
1605     mails, ships, imports, exports, produces blank certificates of receipt for, manufactures, sells,
1606     attempts to sell, advertises for sale, trades, barters, or exchanges for anything of value a service
1607     medal, or any colorable imitation thereof, except when authorized by federal law, or under
1608     regulations made pursuant to federal law, with the intent to defraud, or with the intent to falsely
1609     represent that the person or another person has been awarded a service medal, is guilty of [a
1610     class C misdemeanor] an infraction.
1611          (4) A person is guilty of [a class C misdemeanor] an infraction if the person wears or
1612     uses a medal of a military related organization:
1613          (a) that the person is not entitled to wear or use; and
1614          (b) with the intent to defraud or with the intent to falsely represent that the person or
1615     another person has been awarded the medal.
1616          (5) A person is guilty of [a class C misdemeanor] an infraction if the person uses the
1617     name, an officer title, an insignia, a ritual, or a ceremony of a military related organization:
1618          (a) that the person is not entitled to use; and
1619          (b) with the intent to defraud, or with the intent to falsely represent that the person or
1620     another person was or is a member, representative, or officer of the military related
1621     organization.
1622          Section 45. Section 78B-1-115 is amended to read:
1623          78B-1-115. Jurors -- Penalties.
1624          (1) A person who fails to respond timely to questions regarding qualification for jury
1625     service shall be in contempt of court and subject to penalties under Title 78B, Chapter 6, Part 3,
1626     Contempt.
1627          (2) A person summoned for jury service who fails to appear or to complete jury service
1628     as directed shall be in contempt of court and subject to penalties under Title 78B, Chapter 6,
1629     Part 3, Contempt.
1630          (3) Any person who willfully misrepresents a material fact regarding qualification for,
1631     excuse from, or postponement of jury service is guilty of [a class C misdemeanor] an
1632     infraction.
1633          Section 46. Section 78B-8-304 is amended to read:
1634          78B-8-304. Violations of service of process authority.

1635          (1) It is a class A misdemeanor for a person serving process to falsify a return of
1636     service.
1637          (2) It is [a class C misdemeanor] an infraction for a person to bill falsely for process
1638     service.
1639          Section 47. Repealer.
1640          This bill repeals:
1641          Section 4-31-112, Feeding garbage or plate waste to swine prohibited.