Representative Adam Robertson proposes the following substitute bill:


1     
VEHICLE, BOAT, AND TRAILER REGISTRATION

2     
AMENDMENTS

3     
2021 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Adam Robertson

6     
Senate Sponsor: Kathleen A. Riebe

7     

8     LONG TITLE
9     General Description:
10          This bill amends provisions related to vehicle registration renewal and decals.
11     Highlighted Provisions:
12          This bill:
13          ▸     requires certain agencies to establish procedures for an individual to request
14     automatic renewal of registration on a vehicle or boat;
15          ▸     allows an individual to request automatic registration renewal;
16          ▸     allows special, permanent registration decals for certain rental or fleet vehicles; and
17          ▸     makes technical changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          This bill provides a special effective date.
22     Utah Code Sections Affected:
23     AMENDS:
24          41-1a-209, as last amended by Laws of Utah 2005, Chapter 47
25          41-1a-216, as last amended by Laws of Utah 2018, Chapter 20

26          41-1a-217, as last amended by Laws of Utah 2017, Chapter 406
27          41-1a-232, as enacted by Laws of Utah 2013, Chapter 391
28          41-22-3, as last amended by Laws of Utah 2015, Chapter 412
29          73-18-7, as last amended by Laws of Utah 2016, Chapter 303
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 41-1a-209 is amended to read:
33          41-1a-209. Application for registration -- Contents.
34          (1) An owner of a vehicle subject to registration under this part shall apply to the
35     division for registration on forms furnished by the division.
36          (2) The application for registration shall include:
37          (a) the signature of an owner of the vehicle to be registered;
38          (b) the name, bona fide residence and mailing address of the owner, or business
39     address of the owner if the owner is a firm, association, or corporation;
40          (c) a description of the vehicle including the make, model, type of body, the model year
41     as specified by the manufacturer, the number of cylinders, and the identification number of the
42     vehicle; [and]
43          (d) other information required by the division to enable it to determine whether the
44     owner is lawfully entitled to register the vehicle[.]; and
45          (e) an indication if the applicant is applying for automatic registration renewal as
46     described in Section 41-1a-216.
47          Section 2. Section 41-1a-216 is amended to read:
48          41-1a-216. Renewal of registration.
49          (1) The division may receive applications for registration renewal and issue new
50     registration cards at any time prior to the expiration of the registration, subject to the
51     availability of renewal materials.
52          (2) (a) Except as provided in Subsections (2)(c) and (3), the new registration shall
53     retain the same expiration month as recorded on the original registration even if the registration
54     has expired.
55          (b) Except as provided in Subsection (2)(c), the year of registration expiration shall be
56     changed to reflect the renewed registration period.

57          (c) If the application for renewal of registration is for a six-month registration period
58     under Section 41-1a-215.5, the new registration shall be for a six-month registration period that
59     begins with the first day of the calendar month following the last day of the expiration month
60     of the previous registration period as recorded on the original registration even if the
61     registration has expired.
62          (3) Subsection (2) does not apply if the owner can verify to the satisfaction of the
63     division that the vehicle registration was not renewed prior to its expiration due to the fact that
64     the vehicle was in storage, inoperable, or otherwise out of service.
65          (4) If the registration renewal application is an application generated by the division
66     through its automated system, the owner need not surrender the last registration card or
67     duplicate.
68          (5) A vehicle with an "EX" or "UHP" license plate, owned by an entity described in
69     Section 41-1a-407, is exempt from registration renewal requirements.
70          (6) The division shall establish a process by which an individual may request automatic
71     renewal of registration.
72          (7) An individual may request automatic renewal of registration as provided by the
73     division.
74          (8) If the vehicle is subject to an emissions inspection as described in Section
75     41-6a-1642 for the year for which a vehicle automatic registration is requested, the automatic
76     renewal is not effective until the vehicle has passed an emissions inspection as required in
77     Section 41-6a-1642.
78          (9) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
79     commission may make rules establishing procedures for an individual to apply for and the
80     division to administer automatic renewal of registration and automatic payment of fees as
81     required in this chapter and relevant taxes.
82          Section 3. Section 41-1a-217 is amended to read:
83          41-1a-217. Application for renewal of registration.
84          (1) (a) An applicant may renew a vehicle registration by:
85          [(a)] (i) filing an application for registration renewal; and
86          [(b)] (ii) paying the fees or taxes required under Subsection 41-1a-203(1).
87          (b) If an applicant is applying for automatic registration renewal as described in

88     Section 41-1a-216, the applicant shall provide payment information and other required
89     information as described in Section 41-1a-216 and relevant administrative rules made in
90     accordance with Subsection 41-1a-216(8).
91          (2) The applicant shall ensure that the application for registration renewal and the
92     payment for applicable fees or taxes is accompanied by a certificate of emissions inspection if
93     required under Section 41-6a-1642.
94          (3) The division shall issue a new registration card that contains:
95          (a) the identical information with respect to the owner and the vehicle description
96     required by Section 41-1a-213; and
97          (b) the new expiration date.
98          Section 4. Section 41-1a-232 is amended to read:
99          41-1a-232. Special fleet registration decals and license plates.
100          (1) As used in this section:
101          (a) "Rental agreement" has the same meaning as defined in Section 31A-22-311.
102          (b) "Rental company" has the same meaning as defined in Section 31A-22-311.
103          (c) "Rental fleet" means more than 25 motor vehicles that are:
104          (i) owned by a rental company;
105          (ii) offered for rental without a hired driver through a rental agreement; and
106          (iii) designated by the registered owner of the motor vehicle as a rental fleet vehicle at
107     the time of registration.
108          (2) (a) [Beginning on the date that the division has implemented the division's GenTax
109     system, an] An owner that registers a motor vehicle under Section 41-1a-215 or 41-1a-215.5
110     may obtain an alternative special registration card and registration decals for the license plates
111     if the motor vehicle is:
112          (i) (A) owned by a rental company; and
113          [(ii)] (B) maintained in the rental company's rental fleet[.]; or
114          (ii) owned or leased as part of a commercial fleet and is not owned or leased by a rental
115     company.
116          (b) The registration card and registration decals for the license plates issued under
117     Subsection (2)(a) are valid for the life of the motor vehicle while the motor vehicle is
118     maintained in the rental fleet or is part of a commercial fleet.

119          (3) (a) An owner that receives the alternative special registration card and registration
120     decals for the license plates issued under this section shall:
121          (i) renew the registration in accordance with Section 41-1a-216; and
122          (ii) comply with all the prerequisites for registration or registration renewal under
123     Section 41-1a-203.
124          (b) Notwithstanding the registration renewals requirement under Subsection
125     41-1a-216(2)(b), the alternative special registration card and registration decals issued under
126     this section do not expire and are valid for the life of the motor vehicle while the motor vehicle
127     is maintained in the rental fleet or is part of a commercial fleet.
128          (4) If the registration renewal requirements under Subsection (3)(a) are not complied
129     with, the registration is suspended or revoked.
130          Section 5. Section 41-22-3 is amended to read:
131          41-22-3. Registration of vehicles -- Application -- Issuance of sticker and card --
132     Proof of property tax payment -- Records.
133          (1) (a) Unless exempted under Section 41-22-9, a person may not operate or transport
134     and an owner may not give another person permission to operate or transport any off-highway
135     vehicle on any public land, trail, street, or highway in this state unless the off-highway vehicle
136     is registered under this chapter for the current year.
137          (b) Unless exempted under Section 41-22-9, a dealer may not sell an off-highway
138     vehicle which can be used or transported on any public land, trail, street, or highway in this
139     state, unless the off-highway vehicle is registered or is in the process of being registered under
140     this chapter for the current year.
141          (2) (a) The owner of an off-highway vehicle subject to registration under this chapter
142     shall apply to the Motor Vehicle Division for registration on forms approved by the Motor
143     Vehicle Division.
144          (b) An owner of an off-highway vehicle may apply for automatic registration renewal
145     as described in Section 41-1a-216.
146          (3) Each application for registration of an off-highway vehicle shall be accompanied
147     by:
148          (a) evidence of ownership, a title, or a manufacturer's certificate of origin, and a bill of
149     sale showing ownership, make, model, horsepower or displacement, and serial number;

150          (b) the past registration card; or
151          (c) the fee for a duplicate.
152          (4) (a) Upon each annual registration, the Motor Vehicle Division shall issue a
153     registration sticker and a registration card for each off-highway vehicle registered.
154          (b) The registration sticker shall:
155          (i) contain a unique number using numbers, letters, or combination of numbers and
156     letters to identify the off-highway vehicle for which it is issued;
157          (ii) be affixed to the off-highway vehicle for which it is issued in a plainly visible
158     position as prescribed by rule of the board under Section 41-22-5.1; and
159          (iii) be maintained free of foreign materials and in a condition to be clearly legible.
160          (c) At all times, a registration card shall be kept with the off-highway vehicle and shall
161     be available for inspection by a law enforcement officer.
162          (5) (a) Except as provided by Subsection (5)(c), an applicant for a registration card and
163     registration sticker shall provide the Motor Vehicle Division a certificate, described under
164     Subsection (5)(b), from the county assessor of the county in which the off-highway vehicle has
165     situs for taxation.
166          (b) The certificate required under Subsection (5)(a) shall state one of the following:
167          (i) the property tax on the off-highway vehicle for the current year has been paid;
168          (ii) in the county assessor's opinion, the tax is a lien on real property sufficient to
169     secure the payment of the tax; or
170          (iii) the off-highway vehicle is exempt by law from payment of property tax for the
171     current year.
172          (c) An off-highway vehicle for which an off-highway implement of husbandry sticker
173     has been issued in accordance with Section 41-22-5.5 is exempt from the requirement under
174     this Subsection (5).
175          (6) (a) All records of the division made or kept under this section shall be classified by
176     the Motor Vehicle Division in the same manner as motor vehicle records are classified under
177     Section 41-1a-116.
178          (b) Division records are available for inspection in the same manner as motor vehicle
179     records under Section 41-1a-116.
180          (7) A violation of this section is an infraction.

181          Section 6. Section 73-18-7 is amended to read:
182          73-18-7. Registration requirements -- Exemptions -- Fee -- Agents -- Records --
183     Period of registration and renewal -- Expiration -- Notice of transfer of interest or change
184     of address -- Duplicate registration card -- Invalid registration -- Powers of board.
185          (1) (a) Except as provided by Section 73-18-9, the owner of each motorboat and
186     sailboat on the waters of this state shall register it with the division as provided in this chapter.
187          (b) A person may not place, give permission for the placement of, operate, or give
188     permission for the operation of a motorboat or sailboat on the waters of this state, unless the
189     motorboat or sailboat is registered as provided in this chapter.
190          (2) (a) The owner of a motorboat or sailboat required to be registered shall file an
191     application for registration with the division on forms approved by the division.
192          (b) The owner of the motorboat or sailboat shall sign the application and pay the fee set
193     by the board in accordance with Section 63J-1-504.
194          (c) Before receiving a registration card and registration decals, the applicant shall
195     provide the division with a certificate from the county assessor of the county in which the
196     motorboat or sailboat has situs for taxation, stating that:
197          (i) the property tax on the motorboat or sailboat for the current year has been paid;
198          (ii) in the county assessor's opinion, the property tax is a lien on real property sufficient
199     to secure the payment of the property tax; or
200          (iii) the motorboat or sailboat is exempt by law from payment of property tax for the
201     current year.
202          (d) If the board modifies the fee under Subsection (2)(b), the modification shall take
203     effect on the first day of the calendar quarter after 90 days from the day on which the board
204     provides the State Tax Commission:
205          (i) notice from the board stating that the board will modify the fee; and
206          (ii) a copy of the fee modification.
207          (e) (i) The division may enter into an agreement with the Motor Vehicle Division
208     created in Section 41-1a-106 to administer the registration requirements described in this
209     chapter.
210          (ii) An individual may request automatic registration renewal as described in Section
211     41-1a-216.

212          (3) (a) Upon receipt of the application in the approved form, the division shall record
213     the receipt and issue to the applicant registration decals and a registration card that state the
214     number assigned to the motorboat or sailboat and the name and address of the owner.
215          (b) The registration card shall be available for inspection on the motorboat or sailboat
216     for which it was issued, whenever that motorboat or sailboat is in operation.
217          (4) The assigned number shall:
218          (a) be painted or permanently attached to each side of the forward half of the motorboat
219     or sailboat;
220          (b) consist of plain vertical block characters not less than three inches in height;
221          (c) contrast with the color of the background and be distinctly visible and legible;
222          (d) have spaces or hyphens equal to the width of a letter between the letter and numeral
223     groupings; and
224          (e) read from left to right.
225          (5) A motorboat or sailboat with a valid marine document issued by the United States
226     Coast Guard is exempt from the number display requirements of Subsection (4).
227          (6) The nonresident owner of any motorboat or sailboat already covered by a valid
228     number that has been assigned to it according to federal law or a federally approved numbering
229     system of the owner's resident state is exempt from registration while operating the motorboat
230     or sailboat on the waters of this state unless the owner is operating in excess of the reciprocity
231     period provided for in Subsection 73-18-9(1).
232          (7) (a) If the ownership of a motorboat or sailboat changes, the new owner shall file a
233     new application form and fee with the division, and the division shall issue a new registration
234     card and registration decals in the same manner as provided for in Subsections (2) and (3).
235          (b) The division shall reassign the current number assigned to the motorboat or sailboat
236     to the new owner to display on the motorboat or sailboat.
237          (8) If the United States Coast Guard has in force an overall system of identification
238     numbering for motorboats or sailboats within the United States, the numbering system
239     employed under this chapter by the board shall conform with that system.
240          (9) (a) The division may authorize any person to act as its agent for the registration of
241     motorboats and sailboats.
242          (b) A number assigned, a registration card, and registration decals issued by an agent of

243     the division in conformity with this chapter and rules of the board are valid.
244          (10) (a) The Motor Vehicle Division shall classify all records of the division made or
245     kept according to this section in the same manner that motor vehicle records are classified
246     under Section 41-1a-116.
247          (b) Division records are available for inspection in the same manner as motor vehicle
248     records pursuant to Section 41-1a-116.
249          (11) (a) (i) Each registration, registration card, and decal issued under this chapter shall
250     continue in effect for 12 months, beginning with the first day of the calendar month of
251     registration.
252          (ii) A registration may be renewed by the owner in the same manner provided for in the
253     initial application.
254          (iii) The division shall reassign the current number assigned to the motorboat or
255     sailboat when the registration is renewed.
256          (b) Each registration, registration card, and registration decal expires the last day of the
257     month in the year following the calendar month of registration.
258          (c) If the last day of the registration period falls on a day in which the appropriate state
259     or county offices are not open for business, the registration of the motorboat or sailboat is
260     extended to 12 midnight of the next business day.
261          (d) The division may receive applications for registration renewal and issue new
262     registration cards at any time before the expiration of the registration, subject to the availability
263     of renewal materials.
264          (e) The new registration shall retain the same expiration month as recorded on the
265     original registration even if the registration has expired.
266          (f) The year of registration shall be changed to reflect the renewed registration period.
267          (g) If the registration renewal application is an application generated by the division
268     through its automated system, the owner is not required to surrender the last registration card or
269     duplicate.
270          (12) (a) An owner shall notify the division of:
271          (i) the transfer of all or any part of the owner's interest, other than creation of a security
272     interest, in a motorboat or sailboat registered in this state under Subsections (2) and (3); and
273          (ii) the destruction or abandonment of the owner's motorboat or sailboat.

274          (b) Notification must take place within 15 days of the transfer, destruction, or
275     abandonment.
276          (c) (i) The transfer, destruction, or abandonment of a motorboat or sailboat terminates
277     its registration.
278          (ii) Notwithstanding Subsection (12)(c)(i), a transfer of a part interest that does not
279     affect the owner's right to operate a motorboat or sailboat does not terminate the registration.
280          (13) (a) A registered owner shall notify the division within 15 days if the owner's
281     address changes from the address appearing on the registration card and shall, as a part of this
282     notification, furnish the division with the owner's new address.
283          (b) The board may provide in its rules for:
284          (i) the surrender of the registration card bearing the former address; and
285          (ii) (A) the replacement of the card with a new registration card bearing the new
286     address; or
287          (B) the alteration of an existing registration card to show the owner's new address.
288          (14) (a) If a registration card is lost or stolen, the division may collect a fee of $4 for
289     the issuance of a duplicate card.
290          (b) If a registration decal is lost or stolen, the division may collect a fee of $3 for the
291     issuance of a duplicate decal.
292          (15) A number other than the number assigned to a motorboat or sailboat or a number
293     for a motorboat or sailboat granted reciprocity under this chapter may not be painted, attached,
294     or otherwise displayed on either side of the bow of a motorboat or sailboat.
295          (16) A motorboat or sailboat registration and number are invalid if obtained by
296     knowingly falsifying an application for registration.
297          (17) The board may designate the suffix to assigned numbers, and by following the
298     procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
299     make rules for:
300          (a) the display of registration decals;
301          (b) the issuance and display of dealer numbers and registrations; and
302          (c) the issuance and display of temporary registrations.
303          (18) A violation of this section is an infraction.
304          Section 7. Effective date.

305          This bill takes effect on January 1, 2022.