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S.B. 21





Sponsor: Robert M. Muhlestein

8    This act affects sections of Utah Code Annotated 1953 as follows:
9    AMENDS:
10         41-1a-203, as last amended by Chapter 170, Laws of Utah 1996
11         41-6-163.6, as last amended by Chapter 261, Laws of Utah 1994
12    Be it enacted by the Legislature of the state of Utah:
13        Section 1. Section 41-1a-203 is amended to read:
14         41-1a-203. Prerequisites for registration.
15        (1) Except as otherwise provided, prior to registration a vehicle must have:
16        (a) an identification number inspection under Section 41-1a-204;
17        (b) passed the safety inspection as provided under Sections 41-1a-205 and 53-8-205;
18        (c) (i) passed the emissions inspection as provided under Section 41-6-163.6; or
19        (ii) if under Subsection 41-6-163.6(6) the vehicle is not required to be inspected every
20    year, show proof of having passed the emissions inspection in the last year it was required;
21        (d) paid property taxes, the in lieu fee, or received a property tax clearance under Section
22    41-1a-206;
23        (e) paid the automobile driver education tax required by Section 41-1a-208;
24        (f) paid the applicable registration fee under Part 12, Fee and Tax Requirements; [and]
25        (g) paid the uninsured motorist identification fee under Section 41-1a-1218, if applicable;
26    and
27        (h) paid the motor carrier fee under Section 41-1a-1219, if applicable.

1        (2) In addition to the requirements in Subsection (1), an owner whose vehicle has not been
2    previously registered or that is currently registered under a previous owner's name must also apply
3    for a valid certificate of title in the owner's name prior to registration.
4        (3) A new registration, transfer of ownership, or registration renewal under Section
5    73-18-7 may not be issued for a vessel or outboard motor that is subject to the title provisions of
6    this chapter unless a certificate of title has been or is in the process of being issued in the same
7    owner's name.
8        (4) A new registration, transfer of ownership, or registration renewal under Section
9    41-22-3 may not be issued for an off-highway vehicle that is subject to the titling provisions of this
10    chapter unless a certificate of title has been or is in the process of being issued in the same owner's
11    name.
12        Section 2. Section 41-6-163.6 is amended to read:
13         41-6-163.6. Emissions inspection -- County program.
14        (1) The legislative body of each county required under federal law to utilize a motor
15    vehicle emissions inspection and maintenance program or in which an emissions inspection and
16    maintenance program is necessary to attain or maintain any national ambient air quality standard
17    shall require:
18        (a) a certificate of emissions inspection, a waiver, or other evidence the motor vehicle is
19    exempt from emissions inspection and maintenance program requirements be presented:
20        (i) as a condition of registration or renewal of registration; and
21        (ii) at other times as the county legislative body may require to enforce inspection
22    requirements for individual motor vehicles, except that the county legislative body may not
23    routinely require a certificate of emission inspection, or waiver of such certificate, more often than
24    annually; and
25        (b) all motor vehicles owned by or being used by all departments, instrumentalities,
26    agencies, and employees of the federal government, the state and any of its agencies, and all
27    political subdivisions of the state including school districts and registered or principally operated
28    in that county comply with this section.
29        (2) The legislative body of a county identified in Subsection (1) shall make rules regarding
30    emissions standards, test procedures, inspections stations, repair requirements and dollar limits for
31    correction of deficiencies, and certificates of emissions inspections which are determined

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1    necessary by the county legislative body in consultation with the Air Quality Board created in
2    Section 19-1-106 to attain or maintain ambient air quality standards in the county, consistent with
3    the state implementation plan and federal requirements. The county legislative body and the board
4    shall give preference to an inspection and maintenance program that is:
5        (a) decentralized, to the extent the decentralized program will attain and maintain ambient
6    air quality standards and meet federal requirements;
7        (b) the most cost effective means to achieve and maintain the maximum benefit with
8    regard to ambient air quality standards and to meet federal air quality requirements as related to
9    vehicle emissions; and
10        (c) providing a reasonable phase-out period for replacement of air pollution emission
11    testing equipment made obsolete by the program, but only to the extent the phase-out may be
12    accomplished in accordance with applicable federal requirements and the phase-out does not
13    otherwise interfere with the attainment and maintenance of ambient air quality standards. The rules
14    may allow for a phase-in of the program by geographical area.
15        (3) Agricultural implements of husbandry and any motor vehicle that meets the definition
16    of a farm truck under Section 41-1a-102 and has a gross vehicle weight rating of 12,001 pounds
17    or more are exempt from this section.
18        (4) (a) The legislative body of a county identified in Subsection (1) shall exempt any
19    pickup truck, as defined in Section 41-1a-102, having a gross vehicle weight of 12,000 pounds or
20    less from the emission inspection requirements of this section if the registered owner of the pickup
21    truck signs and submits to the legislative body an affidavit stating the truck is used:
22        (i) by the owner or operator of a farm located on property that qualifies as land in
23    agricultural use under Sections 59-2-502 and 59-2-503; and
24        (ii) exclusively for the following purposes in operating the farm:
25        (A) for the transportation of farm products, including livestock and its products, poultry
26    and its products, floricultural and horticultural products; and
27        (B) in the transportation of farm supplies, including tile, fence, and every other thing or
28    commodity used in agricultural, floricultural, horticultural, livestock, and poultry production and
29    maintenance.
30        (b) The county shall provide to the registered owner who signs and submits an affidavit
31    under this section a certificate of exemption from emission inspection requirements for purposes

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1    of registering the exempt vehicle.
2        (5) (a) Each college or university located in a county subject to this section shall require
3    its students and employees who park any motor vehicle on its campus or property that is not
4    registered in a county subject to this section to provide proof of compliance with an emissions
5    inspection accepted by the county legislative body.
6        (b) College or university parking areas that are metered or for which payment is required
7    per use are not subject to the requirements of this subsection.
8        (6) (a) An emissions inspection station shall issue a certificate of emissions inspection for
9    each motor vehicle that meets the inspection and maintenance program requirements established
10    in rules made under Subsection (2).
11        (b) The emissions inspection shall be required at least annually [and, if], but the county
12    may require the inspection not more often than biannually regarding vehicles that are five or fewer
13    years old on January 1.
14        (c) If the county chooses to require biannual inspections under Subsection (b), and the
15    vehicle is five or fewer years old on January 1, 1998, the inspection is not required for the vehicle
16    in 1998, but is required in the subsequent year.
17        (d) A vehicle's age is determined by the model year of the vehicle.
18        (7) If Section 53-8-205 regarding safety inspections is in effect, [an annual] the emissions
19    inspection shall be required, in the years it is required under Subsection (6), within the same time
20    limit applicable to a safety inspection under Section 53-8-205.
21        [(7)] (8) (a) Counties identified in Subsection (1) shall collect information about and
22    monitor the program.
23        (b) The counties shall supply this information to an appropriate legislative committee, as
24    designated by the Legislative Management Committee, at times determined by that designated
25    committee to identify program needs, including funding needs.
26        Section 3. Effective date.
27        This act takes effect on January 1, 1998.

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Legislative Review Note
    as of 12-12-96 2:48 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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