H.B. 46 Enrolled

1

MOTOR VEHICLE ACT AMENDMENTS
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Julie Fisher
5 Senate Sponsor: Kevin T. Van Tassell
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Motor Vehicles Code by amending provisions relating to motor
10 vehicles.
11 Highlighted Provisions:
12 This bill:
13 . provides that the Tax Commission may permit an owner or lessee of a commercial
14 fleet of vehicles that are apportioned and required to be registered in this state to
15 register the vehicles commencing on certain days and expiring on certain days in
16 the following year;
17 . repeals the requirement that an owner of a vehicle record the actual miles on an
18 application for a renewal of registration;
19 . provides that the Motor Vehicle Division shall publish a notice of a sale of a motor
20 vehicle that has been seized and has not been recovered on the division's website
21 rather than in a newspaper of general statewide circulation;
22 . authorizes a county legislative body of a county that is required to utilize a motor
23 vehicle emissions inspection and maintenance program or in which an emissions
24 inspection and maintenance program is necessary to attain or maintain any national
25 ambient air quality standard to impose a local emissions compliance fee;
26 . establishes the procedures and requirements for a county legislative body to impose
27 a local emissions compliance fee;
28 . requires a county legislative body that imposes a local emissions compliance fee to
29 use revenues generated from the fee for the establishment and enforcement of an

30 emissions inspection and maintenance program; and
31 . makes technical changes.
32 Monies Appropriated in this Bill:
33 None
34 Other Special Clauses:
35 None
36 Utah Code Sections Affected:
37 AMENDS:
38 41-1a-203, as last amended by Laws of Utah 2009, Chapter 26
39 41-1a-215, as last amended by Laws of Utah 2008, Chapter 210
40 41-1a-905, as renumbered and amended by Laws of Utah 1992, Chapter 1
41 41-1a-1103, as last amended by Laws of Utah 2009, Chapter 388
42 41-1a-1201, as last amended by Laws of Utah 2009, First Special Session, Chapter 6
43 41-6a-1642, as last amended by Laws of Utah 2009, Chapter 171
44 ENACTS:
45 41-1a-1223, Utah Code Annotated 1953
46
47 Be it enacted by the Legislature of the state of Utah:
48 Section 1. Section 41-1a-203 is amended to read:
49 41-1a-203. Prerequisites for registration, transfer of ownership, or registration
50 renewal.
51 (1) Except as otherwise provided, prior to registration of a vehicle, an owner shall:
52 (a) obtain an identification number inspection under Section 41-1a-204 ;
53 (b) obtain a safety inspection certificate, if required in the current year, as provided
54 under Sections 41-1a-205 and 53-8-205 ;
55 (c) obtain a certificate of emissions inspection, if required in the current year, as
56 provided under Section 41-6a-1642 ;
57 (d) pay property taxes, the in lieu fee, or receive a property tax clearance under Section

58 41-1a-206 or 41-1a-207 ;
59 (e) pay the automobile driver education tax required by Section 41-1a-208 ;
60 (f) pay the applicable registration fee under Part 12, Fee and Tax Requirements;
61 (g) pay the uninsured motorist identification fee under Section 41-1a-1218 , if
62 applicable;
63 (h) pay the motor carrier fee under Section 41-1a-1219 , if applicable; [and]
64 (i) pay any applicable local emissions compliance fee under Section 41-1a-1223 ; and
65 [(i)] (j) pay the taxes applicable under Title 59, Chapter 12, Sales and Use Tax Act.
66 (2) In addition to the requirements in Subsection (1), an owner whose vehicle has not
67 been previously registered or that is currently registered under a previous owner's name shall
68 also apply for a valid certificate of title in the owner's name prior to registration.
69 (3) A new registration, transfer of ownership, or registration renewal under Section
70 73-18-7 may not be issued for a vessel or outboard motor that is subject to the title provisions
71 of this chapter unless a certificate of title has been or is in the process of being issued in the
72 same owner's name.
73 (4) A new registration, transfer of ownership, or registration renewal under Section
74 41-22-3 may not be issued for an off-highway vehicle that is subject to the titling provisions of
75 this chapter unless a certificate of title has been or is in the process of being issued in the same
76 owner's name.
77 Section 2. Section 41-1a-215 is amended to read:
78 41-1a-215. Staggered registration dates -- Exceptions.
79 (1) (a) Except as provided under Subsections (2) and (3), every vehicle registration,
80 every registration card, and every registration plate issued under this chapter for the first
81 registration of the vehicle in this state, continues in effect for a period of 12 months beginning
82 with the first day of the calendar month of registration and does not expire until the last day of
83 the same month in the following year.
84 (b) If the last day of the registration period falls on a day in which the appropriate state
85 or county offices are not open for business, the registration of the vehicle is extended to

86 midnight of the next business day.
87 (2) The provisions of Subsection (1) do not apply to the following:
88 (a) registration issued to government vehicles under Section 41-1a-221 ;
89 (b) registration issued to apportioned vehicles under Section 41-1a-301 ;
90 (c) multiyear registration issued under Section 41-1a-222 ;
91 (d) lifetime trailer registration issued under Section 41-1a-1206 ;
92 (e) partial year registration issued under Section 41-1a-1207 ;
93 (f) registration issued under Section 41-1a-215.5 ; or
94 (g) plates issued to a dealer, dismantler, manufacturer, remanufacturer, and transporter
95 under Title 41, Chapter 3, Part 5, Special Dealer License Plates.
96 (3) (a) Upon application of the owner or lessee of a fleet of commercial vehicles not
97 apportioned under Section 41-1a-301 and required to be registered in this state, the State Tax
98 Commission may permit the vehicles to be registered for a registration period commencing on
99 the first day of March, June, September, or December of any year and expiring on the last day
100 of March, June, September, or December in the following year.
101 (b) Upon application of the owner or lessee of a fleet of commercial vehicles
102 apportioned under Section 41-1a-301 and required to be registered in this state, the State Tax
103 Commission may permit the vehicles to be registered for a registration period commencing on
104 the first day of January, April, July, or October of any year and expiring on the last day of
105 March, June, September, or December in the following year.
106 (4) When the expiration of a registration plate is extended by affixing a registration
107 decal to it, the expiration of the decal governs the expiration date of the plate.
108 Section 3. Section 41-1a-905 is amended to read:
109 41-1a-905. Division to print mileage on certificate of title -- Exceptions.
110 (1) The division, before accepting an application for transfer of ownership of a motor
111 vehicle under Part 7, Transfer of Ownership, shall require the transferee to furnish the
112 completed odometer disclosure statement required by Section 41-1a-902 and shall, upon the
113 transfer of ownership, print the mileage on the new certificate of title.

114 (2) This section does not apply to motor vehicles exempted from mileage disclosure
115 statements under Section 41-1a-902 .
116 [(3) The division, before accepting any application for renewal of registration of a
117 motor vehicle, shall require the owner to record the actual miles on the application.]
118 Section 4. Section 41-1a-1103 is amended to read:
119 41-1a-1103. Sale.
120 (1) If the owner or lienholder of a seized vehicle, vessel, or outboard motor does not
121 recover the vehicle, vessel, or outboard motor within 30 days from the date of seizure, or if the
122 division is unable to determine the owner or lienholder through reasonable efforts, the division
123 shall sell the vehicle, vessel, or outboard motor.
124 (2) The sale shall:
125 (a) be held in the form of a public auction at the place of storage; and
126 (b) at the discretion of the division, be conducted by:
127 (i) an authorized representative of the division; or
128 (ii) a public garage, impound lot, or impound yard that:
129 (A) is authorized by the division;
130 (B) meets the standards under Subsection 41-1a-1101 (4); and
131 (C) complies with the requirements of Section 72-9-603 .
132 (3) At least five days prior to the date set for sale, the division shall publish a notice of
133 sale setting forth the date, time, and place of sale and a description of the vehicle, vessel, or
134 outboard motor to be sold:
135 [(a) in a newspaper of general statewide circulation; and]
136 (a) on the division's website; and
137 (b) as required in Section 45-1-101 .
138 (4) At the time of sale the division or other person authorized to conduct the sale shall
139 tender to the highest bidder a certificate of sale conveying all rights, title, and interest in the
140 vehicle, vessel, or outboard motor.
141 (5) The proceeds from the sale of a vehicle, vessel, or outboard motor under this

142 section shall be distributed as provided under Section 41-1a-1104 .
143 (6) If the owner or lienholder of a vehicle, vessel, or outboard motor seized under
144 Section 41-1a-1101 and subsequently released by the division fails to take possession of the
145 vehicle, vessel, or outboard motor and satisfy the amount due to the place of storage within 30
146 days from the date of release, the division shall renotify the owner or lienholder and sell the
147 vehicle, vessel, or outboard motor, in accordance with this section, 30 days from the date of
148 the notice.
149 Section 5. Section 41-1a-1201 is amended to read:
150 41-1a-1201. Disposition of fees.
151 (1) All fees received and collected under this part shall be transmitted daily to the state
152 treasurer.
153 (2) Except as provided in Subsections (3), (4), (6), and (7) and Sections 41-1a-422 ,
154 41-1a-1220 , [and] 41-1a-1221 , and 41-1a-1223 , all fees collected under this part shall be
155 deposited in the Transportation Fund.
156 (3) (a) Funds generated under Subsections 41-1a-1211 (1)(b)(i), (6)(b)(i), and (7) and
157 Section 41-1a-1212 may be used by the commission as a dedicated credit to cover the costs
158 incurred in issuing license plates under Part 4, License Plates and Registration Indicia.
159 (b) Fees for statehood centennial license plates shall be collected and deposited in the
160 Transportation Fund, less production and administrative costs incurred by the commission.
161 (4) All funds available to the commission for purchase and distribution of license
162 plates and decals are nonlapsing.
163 (5) Except as provided in Subsection (3) and Section 41-1a-1205 , the expenses of the
164 commission in enforcing and administering this part shall be provided for by legislative
165 appropriation from the revenues of the Transportation Fund.
166 (6) (a) Except as provided in Subsection (6)(b), the following portions of the
167 registration fees imposed under Section 41-1a-1206 for each vehicle shall be deposited in the
168 Centennial Highway Fund Restricted Account created under Section 72-2-118 :
169 (i) $10 of the registration fees imposed under Subsections 41-1a-1206 (1)(a), (1)(b),

170 (2), and (5);
171 (ii) $1 of the registration fees imposed under Subsections 41-1a-1206 (1)(c)(i),
172 (1)(c)(ii), and (1)(d)(ii);
173 (iii) $2 of the registration fee imposed under Subsection 41-1a-1206 (1)(e)(ii);
174 (iv) $3 of the registration fee imposed under Subsection 41-1a-1206 (1)(d)(i); and
175 (v) $4.50 of the registration fee imposed under Subsection 41-1a-1206 (1)(e)(i).
176 (b) When the highway general obligation bonds have been paid off and the highway
177 projects completed that are intended to be paid from revenues deposited in the Centennial
178 Highway Fund Restricted Account as determined by the Executive Appropriations Committee
179 under Subsection 72-2-118 (6)(d), the portions of the registration fees deposited under
180 Subsection (6)(a) for each vehicle shall be deposited in the Transportation Investment Fund of
181 2005 created by Section 72-2-124 .
182 (7) The following portions of the registration fees imposed under Section 41-1a-1206
183 for each vehicle shall be deposited in the Transportation Investment Fund of 2005 created by
184 Section 72-2-124 :
185 (a) $20 of each registration fee collected under Subsections 41-1a-1206 (1)(a), (1)(b),
186 (1)(c), (1)(d)(i), (1)(e)(i), (2)(a), and (5); and
187 (b) 50 cents of each registration fee collected under Subsection 41-1a-1206 (1)(e)(ii).
188 Section 6. Section 41-1a-1223 is enacted to read:
189 41-1a-1223. Local emissions compliance fee -- Exemptions -- Transfer -- County
190 ordinance -- Notice.
191 (1) (a) (i) A county legislative body of a county that is required to utilize a motor
192 vehicle emissions inspection and maintenance program or in which an emissions inspection
193 and maintenance program is necessary to attain or maintain any national ambient air quality
194 standard in accordance with Section 41-6a-1642 may impose a local emissions compliance fee
195 of up to $3 on each motor vehicle registration within the county.
196 (ii) A fee imposed under Subsection (1)(a)(i) shall be set in whole dollar increments.
197 (b) If imposed under Subsection (1)(a), at the time application is made for registration

198 or renewal of registration of a motor vehicle under this chapter, the applicant shall pay the
199 local emissions compliance fee established by the county legislative body.
200 (c) The following are exempt from the fee required under Subsection (1)(a):
201 (i) a motor vehicle that is exempt from the registration fee under Section 41-1a-1209
202 or Subsection 41-1a-419 (3); and
203 (ii) a commercial vehicle with an apportioned registration under Section 41-1a-301 .
204 (2) The revenue generated from the fees collected under this section shall be
205 transferred to the county that imposed the fee.
206 (3) To impose or change the amount of a fee under this section, the county legislative
207 body shall pass an ordinance:
208 (a) approving the fee;
209 (b) setting the amount of the fee; and
210 (c) providing an effective date for the fee as provided in Subsection (4).
211 (4) (a) If a county legislative body enacts, changes, or repeals a fee under this section,
212 the enactment, change, or repeal shall take effect on July 1 if the commission receives notice
213 meeting the requirements of Subsection (4)(b) from the county prior to April 1.
214 (b) The notice described in Subsection (4)(a) shall:
215 (i) state that the county will enact, change, or repeal a fee under this section;
216 (ii) include a copy of the ordinance imposing the fee; and
217 (iii) if the county enacts or changes the fee under this section, state the amount of the
218 fee.
219 Section 7. Section 41-6a-1642 is amended to read:
220 41-6a-1642. Emissions inspection -- County program.
221 (1) The legislative body of each county required under federal law to utilize a motor
222 vehicle emissions inspection and maintenance program or in which an emissions inspection
223 and maintenance program is necessary to attain or maintain any national ambient air quality
224 standard shall require:
225 (a) a certificate of emissions inspection, a waiver, or other evidence the motor vehicle

226 is exempt from emissions inspection and maintenance program requirements be presented:
227 (i) as a condition of registration or renewal of registration; and
228 (ii) at other times as the county legislative body may require to enforce inspection
229 requirements for individual motor vehicles, except that the county legislative body may not
230 routinely require a certificate of emission inspection, or waiver of the certificate, more often
231 than required under Subsection (6); and
232 (b) compliance with this section for a motor vehicle registered or principally operated
233 in the county and owned by or being used by a department, division, instrumentality, agency,
234 or employee of:
235 (i) the federal government;
236 (ii) the state and any of its agencies; or
237 (iii) a political subdivision of the state, including school districts.
238 (2) (a) The legislative body of a county identified in Subsection (1), in consultation
239 with the Air Quality Board created under Section 19-1-106 , shall make regulations or
240 ordinances regarding:
241 (i) emissions standards;
242 (ii) test procedures;
243 (iii) inspections stations;
244 (iv) repair requirements and dollar limits for correction of deficiencies; and
245 (v) certificates of emissions inspections.
246 (b) The regulations or ordinances shall:
247 (i) be made to attain or maintain ambient air quality standards in the county,
248 consistent with the state implementation plan and federal requirements; and
249 (ii) may allow for a phase-in of the program by geographical area.
250 (c) The county legislative body and the Air Quality Board shall give preference to an
251 inspection and maintenance program that is:
252 (i) decentralized, to the extent the decentralized program will attain and maintain
253 ambient air quality standards and meet federal requirements;

254 (ii) the most cost effective means to achieve and maintain the maximum benefit with
255 regard to ambient air quality standards and to meet federal air quality requirements as related
256 to vehicle emissions; and
257 (iii) providing a reasonable phase-out period for replacement of air pollution emission
258 testing equipment made obsolete by the program.
259 (d) The provisions of Subsection (2)(c)(iii) apply only to the extent the phase-out:
260 (i) may be accomplished in accordance with applicable federal requirements; and
261 (ii) does not otherwise interfere with the attainment and maintenance of ambient air
262 quality standards.
263 (3) The following vehicles are exempt from the provisions of this section:
264 (a) an implement of husbandry;
265 (b) a motor vehicle that:
266 (i) meets the definition of a farm truck under Section 41-1a-102 ; and
267 (ii) has a gross vehicle weight rating of 12,001 pounds or more;
268 (c) a vintage vehicle as defined in Section 41-21-1 ; and
269 (d) a custom vehicle as defined in Section 41-6a-1507 .
270 (4) (a) The legislative body of a county identified in Subsection (1) shall exempt a
271 pickup truck, as defined in Section 41-1a-102 , with a gross vehicle weight of 12,000 pounds
272 or less from the emission inspection requirements of this section, if the registered owner of the
273 pickup truck provides a signed statement to the legislative body stating the truck is used:
274 (i) by the owner or operator of a farm located on property that qualifies as land in
275 agricultural use under Sections 59-2-502 and 59-2-503 ; and
276 (ii) exclusively for the following purposes in operating the farm:
277 (A) for the transportation of farm products, including livestock and its products,
278 poultry and its products, floricultural and horticultural products; and
279 (B) in the transportation of farm supplies, including tile, fence, and every other thing
280 or commodity used in agricultural, floricultural, horticultural, livestock, and poultry
281 production and maintenance.

282 (b) The county shall provide to the registered owner who signs and submits a signed
283 statement under this section a certificate of exemption from emission inspection requirements
284 for purposes of registering the exempt vehicle.
285 (5) (a) Subject to Subsection (5)(c), the legislative body of each county required under
286 federal law to utilize a motor vehicle emissions inspection and maintenance program or in
287 which an emissions inspection and maintenance program is necessary to attain or maintain any
288 national ambient air quality standard may require each college or university located in a
289 county subject to this section to require its students and employees who park a motor vehicle
290 not registered in a county subject to this section to provide proof of compliance with an
291 emissions inspection accepted by the county legislative body if the motor vehicle is parked on
292 the college or university campus or property.
293 (b) College or university parking areas that are metered or for which payment is
294 required per use are not subject to the requirements of this Subsection (5).
295 (c) The legislative body of a county shall make the reasons for implementing the
296 provisions of this Subsection (5) part of the record at the time that the county legislative body
297 takes its official action to implement the provisions of this Subsection (5).
298 (6) (a) An emissions inspection station shall issue a certificate of emissions inspection
299 for each motor vehicle that meets the inspection and maintenance program requirements
300 established in rules made under Subsection (2).
301 (b) The frequency of the emissions inspection shall be determined based on the age of
302 the vehicle as determined by model year and shall be required annually subject to the
303 provisions of Subsection (6)(c).
304 (c) (i) To the extent allowed under the current federally approved state implementation
305 plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401 et seq., the legislative
306 body of a county identified in Subsection (1) shall only require the emissions inspection every
307 two years for each vehicle.
308 (ii) The provisions of Subsection (6)(c)(i) apply only to a vehicle that is less than six
309 years old on January 1.

310 (d) If an emissions inspection is only required every two years for a vehicle under
311 Subsection (6)(c), the inspection shall be required for the vehicle in:
312 (i) odd-numbered years for vehicles with odd-numbered model years; or
313 (ii) in even-numbered years for vehicles with even-numbered model years.
314 (7) The emissions inspection shall be required within the same time limit applicable to
315 a safety inspection under Section 41-1a-205 .
316 (8) (a) A county identified in Subsection (1) shall collect information about and
317 monitor the program.
318 (b) A county identified in Subsection (1) shall supply this information to an
319 appropriate legislative committee, as designated by the Legislative Management Committee, at
320 times determined by the designated committee to identify program needs, including funding
321 needs.
322 (9) If approved by the county legislative body, a county that had an established
323 emissions inspection fee as of January 1, 2002, may increase the established fee that an
324 emissions inspection station may charge by $2.50 for each year that is exempted from
325 emissions inspections under Subsection (6)(c) up to a $7.50 increase.
326 (10) (a) A county identified in Subsection (1) may impose a local emissions
327 compliance fee on each motor vehicle registration within the county in accordance with the
328 procedures and requirements of Section 41-1a-1223 .
329 (b) A county that imposes a local emissions compliance fee shall use revenues
330 generated from the fee for the establishment and enforcement of an emissions inspection and
331 maintenance program in accordance with the requirements of this section.