First Substitute S.B. 63

Senator Dan R. Eastman proposes the following substitute bill:

1 LICENSE PLATE AMENDMENTS
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Dan R. Eastman
5 House Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Motor Vehicles Code by amending provisions related to the
10 issuance and display of license plates.
11 Highlighted Provisions:
12 This bill:
13 . provides that the Motor Vehicle Division shall issue one license plate to every
14 vehicle upon registering the vehicle;
15 . repeals the requirement that a license plate issued to certain vehicles shall be
16 attached to the front of the vehicle;
17 . provides that 75 cents of the license plate fee shall be deposited in the Department
18 of Public Safety Restricted Account; and
19 . makes technical changes.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 This bill takes effect on July 1, 2006.
24 Utah Code Sections Affected:
25 AMENDS:

26 41-1a-401, as renumbered and amended by Chapter 1, Laws of Utah 1992
27 41-1a-404, as renumbered and amended by Chapter 1, Laws of Utah 1992
28 41-1a-1201, as last amended by Chapter 1, Laws of Utah 2005, First Special Session
29 41-1a-1211, as last amended by Chapter 1, Laws of Utah 2003
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 41-1a-401 is amended to read:
33 41-1a-401. License plates -- Number of plates -- Reflectorization -- Indicia of
34 registration in lieu of or used with plates.
35 (1) (a) The division, upon registering a vehicle, shall issue to the owner one license
36 plate for [a motorcycle, trailer, or semitrailer and two identical license plates for] every [other]
37 vehicle.
38 (b) The license plate shall be issued for the [particular] vehicle registered and may not
39 be removed during the term for which the license plate is issued or used upon any [other]
40 vehicle other than the registered vehicle.
41 (2) The division may receive applications for registration renewal, renew registration,
42 and issue new license plates or decals at any time prior to the expiration of registration.
43 (3) (a) All license plates to be manufactured and issued by the division shall be treated
44 with a fully reflective material on the plate face that provides effective and dependable
45 reflective brightness during the service period of the license plate.
46 (b) The division shall prescribe all license plate material specifications and establish
47 and implement procedures for conforming to the specifications.
48 (c) The specifications for the materials used such as the aluminum plate substrate, the
49 reflective sheeting, and glue shall be drawn in a manner so that at least two manufacturers may
50 qualify as suppliers.
51 (d) The granting of contracts for the materials shall be by public bid.
52 (4) (a) The commission may issue, adopt, and require the use of indicia of registration
53 it considers advisable in lieu of or in conjunction with license plates as provided in this part.
54 (b) All provisions of this part relative to license plates apply to these indicia of
55 registration, so far as the provisions are applicable.
56 Section 2. Section 41-1a-404 is amended to read:

57 41-1a-404. Location and position of plates.
58 (1) [License plates] A license plate issued for a vehicle [other than] including a
59 motorcycle, trailer, or semitrailer shall be attached to the rear of the vehicle[, one in the front
60 and the other in the rear].
61 [(2) The license plate issued for a motorcycle, trailer, or semitrailer shall be attached to
62 the rear of the motorcycle, trailer, or semitrailer.]
63 [(3)] (2) Every license plate shall at all times be:
64 (a) securely fastened:
65 (i) in a horizontal position to the vehicle for which it is issued to prevent the plate from
66 swinging;
67 (ii) at a height of not less than 12 inches from the ground, measuring from the bottom
68 of the plate; and
69 (iii) in a place and position to be clearly visible; and
70 (b) maintained:
71 (i) free from foreign materials; and
72 (ii) in a condition to be clearly legible.
73 Section 3. Section 41-1a-1201 is amended to read:
74 41-1a-1201. Disposition of fees.
75 (1) All fees received and collected under this part shall be transmitted daily to the state
76 treasurer.
77 (2) Except as provided in Subsections (3), (4), and (6), and Sections 41-1a-422 ,
78 41-1a-1220 , and 41-1a-1221 , all fees collected under this part shall be deposited in the
79 Transportation Fund.
80 (3) (a) Funds generated under Subsections 41-1a-1211 (1)[(a)] (b)(i), (6)(a), and (7) and
81 Section 41-1a-1212 may be used by the commission as a dedicated credit to cover the costs
82 incurred in issuing license plates under Part 4, License Plates and Registration Indicia.
83 (b) Fees for statehood centennial license plates shall be collected and deposited in the
84 Transportation Fund, less production and administrative costs incurred by the commission.
85 (4) All funds available to the commission for purchase and distribution of license
86 plates and decals are nonlapsing.
87 (5) Except as provided in Subsection (3) and Section 41-1a-1205 , the expenses of the

88 commission in enforcing and administering this part shall be provided for by legislative
89 appropriation from the revenues of the Transportation Fund.
90 (6) (a) Except as provided in Subsection (6)(b), the following portions of the
91 registration fees imposed under Section 41-1a-1206 for each vehicle shall be deposited in the
92 Centennial Highway Fund Restricted Account created under Section 72-2-118 :
93 (i) $10 of the registration fees imposed under Subsections 41-1a-1206 (1)(a), (1)(b), (2),
94 and (5);
95 (ii) $1 of the registration fees imposed under Subsections 41-1a-1206 (1)(c)(i),
96 (1)(c)(ii), and (1)(d)(ii);
97 (iii) $2 of the registration fee imposed under Subsection 41-1a-1206 (1)(e)(ii);
98 (iv) $3 of the registration fee imposed under Subsection 41-1a-1206 (1)(d)(i); and
99 (v) $4.50 of the registration fee imposed under Subsection 41-1a-1206 (1)(e)(i).
100 (b) When the highway general obligation bonds have been paid off and the highway
101 projects completed that are intended to be paid from revenues deposited in the Centennial
102 Highway Fund Restricted Account as determined by the Executive Appropriations Committee
103 under Subsection 72-2-118 (6)(d), the portions of the registration fees deposited under
104 Subsection (6)(a) for each vehicle shall be deposited in the Transportation Investment Fund of
105 2005 created by Section 72-2-124 .
106 Section 4. Section 41-1a-1211 is amended to read:
107 41-1a-1211. License plate fees -- Application fees for issuance and renewal of
108 personalized and special group license plates -- Replacement fee for license plates --
109 Postage fees.
110 (1) (a) A license plate fee of $5 [per set] shall be paid to the division for the issuance of
111 any new license plate under Part 4, License Plates and Registration Indicia, except for license
112 plates issued under Section 41-1a-407 .
113 (b) The license plate fee shall be deposited as follows:
114 [(a) $4] (i) $3.25 as provided in Section 41-1a-1201 ;
115 (ii) 75 cents in the Department of Public Safety Restricted Account created in Section
116 53-3-106 ; and
117 [(b)] (iii) $1 in the Transportation Fund.
118 (2) An applicant for original issuance of personalized license plates issued under

119 Section 41-1a-410 shall pay a $50 [per set] license plate application fee in addition to the fee
120 required in Subsection (1).
121 (3) Beginning July 1, 2003, a person who applies for a special group license plate shall
122 pay a $5 fee for the original [set of license plates] license plate in addition to the fee required
123 under Subsection (1).
124 (4) An applicant for original issuance of a personalized special group license [plates]
125 plate shall pay the license plate application fees required in Subsection (2) in addition to the
126 license plate fees and license plate application fees established under Subsections (1) and (3).
127 (5) An applicant for renewal of a personalized license [plates] plate issued under
128 Section 41-1a-410 shall pay a $10 [per set] application fee.
129 (6) (a) A fee of $5 shall be paid to the division for the replacement of any license plate
130 issued under Part 4, License Plates and Registration Indicia.
131 (b) The license plate fee shall be deposited as follows:
132 [(a) $4] (i) $3.25 as provided in Section 41-1a-1201 ;
133 (ii) 75 cents in the Department of Public Safety Restricted Account created in Section
134 53-3-106 ; and
135 [(b)] (iii) $1 in the Transportation Fund.
136 (7) The division may charge a fee established under Section 63-38-3.2 to recover its
137 costs for the replacement of decals issued under Section 41-1a-418 .
138 (8) The division may charge a fee established under Section 63-38-3.2 to recover the
139 cost of issuing stickers under Section 41-1a-416 .
140 (9) In addition to any other fees required by this section, the division shall assess a fee
141 established under Section 63-38-3.2 to cover postage expenses if new or replacement license
142 plates are mailed to the applicant.
143 (10) The fees required under this section are separate from and in addition to
144 registration fees required under Section 41-1a-1206 .
145 Section 5. Effective date.
146 This bill takes effect on July 1, 2006.