Representative Johnny Anderson proposes the following substitute bill:


1     
TRANSPORTATION AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Wayne A. Harper

5     
House Sponsor: Johnny Anderson

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions relating to transportation funding.
10     Highlighted Provisions:
11          This bill:
12          ▸     provides definitions;
13          ▸     increases motor vehicle registration fees for certain motor vehicles of 12,000
14     pounds or less gross laden weight, excluding motorcycles;
15          ▸     provides that the increased portion of certain registration fees shall be deposited into
16     the Transportation Fund;
17          ▸     amends the penalty amount that is collected from an issuing dealer for a temporary
18     permit that is outstanding for 45 days from the date it is issued;
19          ▸     requires the Division of Finance to transfer a certain amount of revenue from the
20     Transportation Investment Fund of 2005 to the Clean Fuels and Vehicle Technology
21     Fund;     
22          ▸     provides that the Transportation Interim Committee shall study the impacts of
23     creating variable registration fees based on a motor vehicle's fuel economy rating;
24     and
25          ▸     makes technical corrections.
26     Money Appropriated in this Bill:
27          None
28     Other Special Clauses:
29          This bill provides a special effective date.
30     Utah Code Sections Affected:
31     AMENDS:
32          41-1a-102, as last amended by Laws of Utah 2014, Chapters 61, 237, and 237
33          41-1a-1201, as last amended by Laws of Utah 2012, Chapters 207, 356, 397 and last
34     amended by Coordination Clause, Laws of Utah 2012, Chapter 397
35          41-1a-1206, as last amended by Laws of Utah 2014, Chapters 61, 237, and 237
36          41-3-301, as last amended by Laws of Utah 2008, Chapter 382
37          41-3-302, as last amended by Laws of Utah 2008, Chapter 382
38          72-2-124, as last amended by Laws of Utah 2013, Chapters 389 and 400
39     Uncodified Material Affected:
40     ENACTS UNCODIFIED MATERIAL
41     

42     Be it enacted by the Legislature of the state of Utah:
43          Section 1. Section 41-1a-102 is amended to read:
44          41-1a-102. Definitions.
45          As used in this chapter:
46          (1) "Actual miles" means the actual distance a vehicle has traveled while in operation.
47          (2) "Actual weight" means the actual unladen weight of a vehicle or combination of
48     vehicles as operated and certified to by a weighmaster.
49          (3) "All-terrain type I vehicle" [has the same meaning provided] means the same as that
50     term is defined in Section 41-22-2.
51          (4) "All-terrain type II vehicle" [has the same meaning provided] means the same as
52     that term is defined in Section 41-22-2.
53          (5) "Amateur radio operator" means any person licensed by the Federal
54     Communications Commission to engage in private and experimental two-way radio operation
55     on the amateur band radio frequencies.
56          (6) "Branded title" means a title certificate that is labeled:
57          (a) rebuilt and restored to operation;
58          (b) flooded and restored to operation; or
59          (c) not restored to operation.
60          (7) "Camper" means any structure designed, used, and maintained primarily to be
61     mounted on or affixed to a motor vehicle that contains a floor and is designed to provide a
62     mobile dwelling, sleeping place, commercial space, or facilities for human habitation or for
63     camping.
64          (8) "Certificate of title" means a document issued by a jurisdiction to establish a record
65     of ownership between an identified owner and the described vehicle, vessel, or outboard motor.
66          (9) "Certified scale weigh ticket" means a weigh ticket that has been issued by a
67     weighmaster.
68          (10) "Commercial vehicle" means a motor vehicle, trailer, or semitrailer used or
69     maintained for the transportation of persons or property that operates:
70          (a) as a carrier for hire, compensation, or profit; or
71          (b) as a carrier to transport the vehicle owner's goods or property in furtherance of the
72     owner's commercial enterprise.
73          (11) "Commission" means the State Tax Commission.
74          (12) "Dealer" means a person engaged or licensed to engage in the business of buying,
75     selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on
76     conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established
77     place of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors.
78          (13) "Diesel fuel" means the same as that term is defined in Section 59-13-102.
79          [(13)] (14) "Division" means the Motor Vehicle Division of the commission, created in
80     Section 41-1a-106.
81          (15) "Electric vehicle" means a motor vehicle that is powered solely by an electric
82     motor drawing current from a rechargeable energy storage system.
83          [(14)] (16) "Essential parts" means all integral and body parts of a vehicle of a type
84     required to be registered in this state, the removal, alteration, or substitution of which would
85     tend to conceal the identity of the vehicle or substantially alter its appearance, model, type, or
86     mode of operation.
87          [(15)] (17) "Farm tractor" means every motor vehicle designed and used primarily as a
88     farm implement for drawing plows, mowing machines, and other implements of husbandry.
89          [(16)] (18) (a) "Farm truck" means a truck used by the owner or operator of a farm
90     solely for his own use in the transportation of:
91          (i) farm products, including livestock and its products, poultry and its products,
92     floricultural and horticultural products;
93          (ii) farm supplies, including tile, fence, and every other thing or commodity used in
94     agricultural, floricultural, horticultural, livestock, and poultry production; and
95          (iii) livestock, poultry, and other animals and things used for breeding, feeding, or
96     other purposes connected with the operation of a farm.
97          (b) "Farm truck" does not include the operation of trucks by commercial processors of
98     agricultural products.
99          [(17)] (19) "Fleet" means one or more commercial vehicles.
100          [(18)] (20) "Foreign vehicle" means a vehicle of a type required to be registered,
101     brought into this state from another state, territory, or country other than in the ordinary course
102     of business by or through a manufacturer or dealer, and not registered in this state.
103          [(19)] (21) "Gross laden weight" means the actual weight of a vehicle or combination
104     of vehicles, equipped for operation, to which shall be added the maximum load to be carried.
105          [(20)] (22) "Highway" or "street" means the entire width between property lines of
106     every way or place of whatever nature when any part of it is open to the public, as a matter of
107     right, for purposes of vehicular traffic.
108          (23) "Hybrid electric vehicle" means a motor vehicle that draws propulsion energy
109     from onboard sources of stored energy that are both:
110          (a) an internal combustion engine or heat engine using consumable fuel; and
111          (b) a rechargeable energy storage system where recharge energy for the energy storage
112     system comes solely from sources onboard the vehicle.
113          [(21)] (24) (a) "Identification number" means the identifying number assigned by the
114     manufacturer or by the division for the purpose of identifying the vehicle, vessel, or outboard
115     motor.
116          (b) "Identification number" includes a vehicle identification number, state assigned
117     identification number, hull identification number, and motor serial number.
118          [(22)] (25) "Implement of husbandry" means every vehicle designed or adapted and
119     used exclusively for an agricultural operation and only incidentally operated or moved upon the
120     highways.
121          [(23)] (26) (a) "In-state miles" means the total number of miles operated in this state
122     during the preceding year by fleet power units.
123          (b) If fleets are composed entirely of trailers or semitrailers, "in-state miles" means the
124     total number of miles that those vehicles were towed on Utah highways during the preceding
125     year.
126          [(24)] (27) "Interstate vehicle" means any commercial vehicle operated in more than
127     one state, province, territory, or possession of the United States or foreign country.
128          [(25)] (28) "Jurisdiction" means a state, district, province, political subdivision,
129     territory, or possession of the United States or any foreign country.
130          [(26)] (29) "Lienholder" means a person with a security interest in particular property.
131          [(27)] (30) "Manufactured home" means a transportable factory built housing unit
132     constructed on or after June 15, 1976, according to the Federal Home Construction and Safety
133     Standards Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is
134     eight body feet or more in width or 40 body feet or more in length, or when erected on site, is
135     400 or more square feet, and which is built on a permanent chassis and designed to be used as a
136     dwelling with or without a permanent foundation when connected to the required utilities, and
137     includes the plumbing, heating, air-conditioning, and electrical systems.
138          [(28)] (31) "Manufacturer" means a person engaged in the business of constructing,
139     manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or
140     outboard motors for the purpose of sale or trade.
141          [(29)] (32) "Mobile home" means a transportable factory built housing unit built prior
142     to June 15, 1976, in accordance with a state mobile home code which existed prior to the
143     Federal Manufactured Housing and Safety Standards Act (HUD Code).
144          [(30)] (33) "Motorboat" has the same meaning as provided in Section 73-18-2.
145          [(31)] (34) "Motorcycle" means a motor vehicle having a saddle for the use of the rider
146     and designed to travel on not more than three wheels in contact with the ground.
147          (35) "Motor fuel" means the same as that term is defined in Section 59-13-102.
148          [(32)] (36) (a) "Motor vehicle" means a self-propelled vehicle intended primarily for
149     use and operation on the highways.
150          (b) "Motor vehicle" does not include an off-highway vehicle.
151          (37) "Natural gas" means a fuel whose primary constituent is methane.
152          [(33)] (38) (a) "Nonresident" means a person who is not a resident of this state as
153     defined by Section 41-1a-202, and who does not engage in intrastate business within this state
154     and does not operate in that business any motor vehicle, trailer, or semitrailer within this state.
155          (b) A person who engages in intrastate business within this state and operates in that
156     business any motor vehicle, trailer, or semitrailer in this state or who, even though engaging in
157     interstate commerce, maintains any vehicle in this state as the home station of that vehicle is
158     considered a resident of this state, insofar as that vehicle is concerned in administering this
159     chapter.
160          [(34)] (39) "Odometer" means a device for measuring and recording the actual distance
161     a vehicle travels while in operation, but does not include any auxiliary odometer designed to be
162     periodically reset.
163          [(35)] (40) "Off-highway implement of husbandry" [has the same meaning as
164     provided] means the same as that term is defined in Section 41-22-2.
165          [(36)] (41) "Off-highway vehicle" [has the same meaning as provided] means the same
166     as that term is defined in Section 41-22-2.
167          [(37)] (42) "Operate" means to drive or be in actual physical control of a vehicle or to
168     navigate a vessel.
169          [(38)] (43) "Outboard motor" means a detachable self-contained propulsion unit,
170     excluding fuel supply, used to propel a vessel.
171          [(39)] (44) (a) "Owner" means a person, other than a lienholder, holding title to a
172     vehicle, vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is
173     subject to a security interest.
174          (b) If a vehicle is the subject of an agreement for the conditional sale or installment
175     sale or mortgage of the vehicle with the right of purchase upon performance of the conditions
176     stated in the agreement and with an immediate right of possession vested in the conditional
177     vendee or mortgagor, or if the vehicle is the subject of a security agreement, then the
178     conditional vendee, mortgagor, or debtor is considered the owner for the purposes of this
179     chapter.
180          (c) If a vehicle is the subject of an agreement to lease, the lessor is considered the
181     owner until the lessee exercises his option to purchase the vehicle.
182          [(40)] (45) "Park model recreational vehicle" means a unit that:
183          (a) is designed and marketed as temporary living quarters for recreational, camping,
184     travel, or seasonal use;
185          (b) is not permanently affixed to real property for use as a permanent dwelling;
186          (c) requires a special highway movement permit for transit; and
187          (d) is built on a single chassis mounted on wheels with a gross trailer area not
188     exceeding 400 square feet in the setup mode.
189          [(41)] (46) "Personalized license plate" means a license plate that has displayed on it a
190     combination of letters, numbers, or both as requested by the owner of the vehicle and assigned
191     to the vehicle by the division.
192          [(42)] (47) (a) "Pickup truck" means a two-axle motor vehicle with motive power
193     manufactured, remanufactured, or materially altered to provide an open cargo area.
194          (b) "Pickup truck" includes motor vehicles with the open cargo area covered with a
195     camper, camper shell, tarp, removable top, or similar structure.
196          (48) "Plug-in hybrid electric motor vehicle" means a hybrid electric vehicle that has the
197     capability to charge the battery or batteries used for vehicle propulsion from an off-vehicle
198     electric source, such that the off-vehicle source cannot be connected to the vehicle while the
199     vehicle is in motion.
200          [(43)] (49) "Pneumatic tire" means every tire in which compressed air is designed to
201     support the load.
202          [(44)] (50) "Preceding year" means a period of 12 consecutive months fixed by the
203     division that is within 16 months immediately preceding the commencement of the registration
204     or license year in which proportional registration is sought. The division in fixing the period
205     shall conform it to the terms, conditions, and requirements of any applicable agreement or
206     arrangement for the proportional registration of vehicles.
207          [(45)] (51) "Public garage" means every building or other place where vehicles or
208     vessels are kept and stored and where a charge is made for the storage and keeping of vehicles
209     and vessels.
210          [(46)] (52) "Receipt of surrender of ownership documents" means the receipt of
211     surrender of ownership documents described in Section 41-1a-503.
212          [(47)] (53) "Reconstructed vehicle" means every vehicle of a type required to be
213     registered in this state that is materially altered from its original construction by the removal,
214     addition, or substitution of essential parts, new or used.
215          [(48)] (54) "Recreational vehicle" has the same meaning as provided in Section
216     13-14-102.
217          [(49)] (55) "Registration" means a document issued by a jurisdiction that allows
218     operation of a vehicle or vessel on the highways or waters of this state for the time period for
219     which the registration is valid and that is evidence of compliance with the registration
220     requirements of the jurisdiction.
221          [(50)] (56) (a) "Registration year" means a 12 consecutive month period commencing
222     with the completion of all applicable registration criteria.
223          (b) For administration of a multistate agreement for proportional registration the
224     division may prescribe a different 12-month period.
225          [(51)] (57) "Repair or replacement" means the restoration of vehicles, vessels, or
226     outboard motors to a sound working condition by substituting any inoperative part of the
227     vehicle, vessel, or outboard motor, or by correcting the inoperative part.
228          [(52)] (58) "Replica vehicle" means:
229          (a) a street rod that meets the requirements under Subsection 41-21-1(1)(a)(i)(B); or
230          (b) a custom vehicle that meets the requirements under Subsection
231     41-6a-1507(1)(a)(i)(B).
232          [(53)] (59) "Road tractor" means every motor vehicle designed and used for drawing
233     other vehicles and constructed so it does not carry any load either independently or any part of
234     the weight of a vehicle or load that is drawn.
235          [(54)] (60) "Sailboat" has the same meaning as provided in Section 73-18-2.
236          [(55)] (61) "Security interest" means an interest that is reserved or created by a security
237     agreement to secure the payment or performance of an obligation and that is valid against third
238     parties.
239          [(56)] (62) "Semitrailer" means every vehicle without motive power designed for
240     carrying persons or property and for being drawn by a motor vehicle and constructed so that
241     some part of its weight and its load rests or is carried by another vehicle.
242          [(57)] (63) "Special group license plate" means a type of license plate designed for a
243     particular group of people or a license plate authorized and issued by the division in accordance
244     with Section 41-1a-418.
245          [(58)] (64) (a) "Special interest vehicle" means a vehicle used for general
246     transportation purposes and that is:
247          (i) 20 years or older from the current year; or
248          (ii) a make or model of motor vehicle recognized by the division director as having
249     unique interest or historic value.
250          (b) In making [his] a determination under Subsection [(58)] (64)(a), the division
251     director shall give special consideration to:
252          (i) a make of motor vehicle that is no longer manufactured;
253          (ii) a make or model of motor vehicle produced in limited or token quantities;
254          (iii) a make or model of motor vehicle produced as an experimental vehicle or one
255     designed exclusively for educational purposes or museum display; or
256          (iv) a motor vehicle of any age or make that has not been substantially altered or
257     modified from original specifications of the manufacturer and because of its significance is
258     being collected, preserved, restored, maintained, or operated by a collector or hobbyist as a
259     leisure pursuit.
260          [(60)] (65) "Specially constructed vehicle" means every vehicle of a type required to be
261     registered in this state, not originally constructed under a distinctive name, make, model, or
262     type by a generally recognized manufacturer of vehicles, and not materially altered from its
263     original construction.
264          [(59)] (66) (a) "Special mobile equipment" means every vehicle:
265          (i) not designed or used primarily for the transportation of persons or property;
266          (ii) not designed to operate in traffic; and
267          (iii) only incidentally operated or moved over the highways.
268          (b) "Special mobile equipment" includes:
269          (i) farm tractors;
270          (ii) off-road motorized construction or maintenance equipment including backhoes,
271     bulldozers, compactors, graders, loaders, road rollers, tractors, and trenchers; and
272          (iii) ditch-digging apparatus.
273          (c) "Special mobile equipment" does not include a commercial vehicle as defined
274     under Section 72-9-102.
275          [(61)] (67) "Title" means the right to or ownership of a vehicle, vessel, or outboard
276     motor.
277          [(62)] (68) (a) "Total fleet miles" means the total number of miles operated in all
278     jurisdictions during the preceding year by power units.
279          (b) If fleets are composed entirely of trailers or semitrailers, "total fleet miles" means
280     the number of miles that those vehicles were towed on the highways of all jurisdictions during
281     the preceding year.
282          [(63)] (69) "Trailer" means a vehicle without motive power designed for carrying
283     persons or property and for being drawn by a motor vehicle and constructed so that no part of
284     its weight rests upon the towing vehicle.
285          [(64)] (70) "Transferee" means a person to whom the ownership of property is
286     conveyed by sale, gift, or any other means except by the creation of a security interest.
287          [(65)] (71) "Transferor" means a person who transfers his ownership in property by
288     sale, gift, or any other means except by creation of a security interest.
289          [(66)] (72) "Travel trailer," "camping trailer," or "fifth wheel trailer" means a portable
290     vehicle without motive power, designed as a temporary dwelling for travel, recreational, or
291     vacation use that does not require a special highway movement permit when drawn by a
292     self-propelled motor vehicle.
293          [(67)] (73) "Truck tractor" means a motor vehicle designed and used primarily for
294     drawing other vehicles and not constructed to carry a load other than a part of the weight of the
295     vehicle and load that is drawn.
296          [(68)] (74) "Vehicle" includes a motor vehicle, trailer, semitrailer, off-highway vehicle,
297     camper, park model recreational vehicle, manufactured home, and mobile home.
298          [(69)] (75) "Vessel" has the same meaning as provided in Section 73-18-2.
299          [(70)] (76) "Vintage vehicle" has the same meaning as provided in Section 41-21-1.
300          [(71)] (77) "Waters of this state" has the same meaning as provided in Section 73-18-2.
301          [(72)] (78) "Weighmaster" means a person, association of persons, or corporation
302     permitted to weigh vehicles under this chapter.
303          Section 2. Section 41-1a-1201 is amended to read:
304          41-1a-1201. Disposition of fees.
305          (1) All fees received and collected under this part shall be transmitted daily to the state
306     treasurer.
307          (2) Except as provided in Subsections (3), (6), and (7) and Sections 41-1a-422,
308     41-1a-1220, 41-1a-1221, and 41-1a-1223 all fees collected under this part shall be deposited in
309     the Transportation Fund.
310          (3) Funds generated under Subsections 41-1a-1211(1)(b)(ii), (6)(b)(ii), and (7) and
311     Section 41-1a-1212 may be used by the commission to cover the costs incurred in issuing
312     license plates under Part 4, License Plates and Registration Indicia.
313          (4) In accordance with Section 63J-1-602.2, all funds available to the commission for
314     the purchase and distribution of license plates and decals are nonlapsing.
315          (5) (a) Except as provided in Subsections (3) and (5)(b) and Section 41-1a-1205, the
316     expenses of the commission in enforcing and administering this part shall be provided for by
317     legislative appropriation from the revenues of the Transportation Fund.
318          (b) Three dollars of the registration fees imposed under Subsections 41-1a-1206(2)(a)
319     and (b) for each vehicle registered for a six-month registration period under Section
320     41-1a-215.5 may be used by the commission to cover the costs incurred in enforcing and
321     administering this part.
322          (6) (a) The following portions of the registration fees imposed under Section
323     41-1a-1206 for each vehicle shall be deposited in the Transportation Investment Fund of 2005
324     created under Section 72-2-124:
325          (i) $30 of the registration fees imposed under Subsections 41-1a-1206(1)(a), [(1)(b),
326     (1)(f), (3), and (6)] 41-1a-1206(1)(b)(i) through (ix), and 41-1a-1206(1)(f), (3), and (6);
327          (ii) $21 of the registration fees imposed under Subsections 41-1a-1206(1)(c)(i) and
328     (1)(c)(ii);
329          (iii) $2.50 of the registration fee imposed under Subsection 41-1a-1206(1)(e)(ii);
330          (iv) $23 of the registration fee imposed under Subsection 41-1a-1206(1)(d)(i);
331          (v) $24.50 of the registration fee imposed under Subsection 41-1a-1206(1)(e)(i); and
332          (vi) $1 of the registration fee imposed under Subsection 41-1a-1206(1)(d)(ii).
333          (b) The following portions of the registration fees collected for each vehicle registered
334     for a six-month registration period under Section 41-1a-215.5 shall be deposited in the
335     Transportation Investment Fund of 2005 created by Section 72-2-124:
336          (i) $23.25 of [each] the registration fee collected under Subsection 41-1a-1206(2)(a);
337     and
338          (ii) $23 of [each] the registration [fee collected] fees imposed under [Subsection]
339     Subsections 41-1a-1206(2)(b)(i) through (ix).
340          (7) (a) Ninety-four cents of each registration fee imposed under Subsections
341     41-1a-1206(1)(a) and (b) for each vehicle shall be deposited in the Public Safety Restricted
342     Account created in Section 53-3-106.
343          (b) Seventy-one cents of each registration fee imposed under Subsections
344     41-1a-1206(2)(a) and (b) for each vehicle registered for a six-month registration period under
345     Section 41-1a-215.5 shall be deposited in the Public Safety Restricted Account created in
346     Section 53-3-106.
347          Section 3. Section 41-1a-1206 is amended to read:
348          41-1a-1206. Registration fees -- Fees by gross laden weight.
349          (1) Except as provided in Subsections (2) and (3), at the time application is made for
350     registration or renewal of registration of a vehicle or combination of vehicles under this
351     chapter, a registration fee shall be paid to the division as follows:
352          (a) $44.50 for each motorcycle;
353          (b) [$43] for each motor vehicle of 12,000 pounds or less gross laden weight, excluding
354     motorcycles[;]:
355          (i) $53 for each motor vehicle fueled by motor fuel;
356          (ii) $53 for each motor vehicle fueled by diesel fuel;
357          (iii) $53 for each motor vehicle registered under Section 41-1a-301;
358          (iv) $53 for each motor vehicle fueled by natural gas;
359          (v) $113 for each electric motor vehicle;
360          (vi) $73 for each hybrid electric motor vehicle;
361          (vii) $93 for each plug-in hybrid electric motor vehicle;
362          (viii) $53 for each motor vehicle fueled by propane; and
363          (ix) $113 for each motor vehicle not described in Subsections (1)(b)(i) through (viii);
364          (c) unless the semitrailer or trailer is exempt from registration under Section 41-1a-202
365     or is registered under Section 41-1a-301:
366          (i) $31 for each trailer or semitrailer over 750 pounds gross unladen weight; or
367          (ii) $28.50 for each commercial trailer or commercial semitrailer of 750 pounds or less
368     gross unladen weight;
369          (d) (i) $53 for each farm truck over 12,000 pounds, but not exceeding 14,000 pounds
370     gross laden weight; plus
371          (ii) $9 for each 2,000 pounds over 14,000 pounds gross laden weight;
372          (e) (i) $69.50 for each motor vehicle or combination of motor vehicles, excluding farm
373     trucks, over 12,000 pounds, but not exceeding 14,000 pounds gross laden weight; plus
374          (ii) $19 for each 2,000 pounds over 14,000 pounds gross laden weight;
375          (f) (i) $69.50 for each park model recreational vehicle over 12,000 pounds, but not
376     exceeding 14,000 pounds gross laden weight; plus
377          (ii) $19 for each 2,000 pounds over 14,000 pounds gross laden weight; and
378          (g) $45 for each vintage vehicle that is less than 40 years old.
379          (2) At the time application is made for registration or renewal of registration of a
380     vehicle under this chapter for a six-month registration period under Section 41-1a-215.5, a
381     registration fee shall be paid to the division as follows:
382          (a) $33.50 for each motorcycle; and
383          (b) [$32.50] for each motor vehicle of 12,000 pounds or less gross laden weight,
384     excluding motorcycles[.]:
385          (i) $38.50 for each motor vehicle fueled by motor fuel;
386          (ii) $38.50 for each motor vehicle fueled by diesel fuel;
387          (iii) $38.50 for each motor vehicle registered under Section 41-1a-301;
388          (iv) $38.50 for each motor vehicle fueled by natural gas;
389          (v) $74.50 for each electric motor vehicle;
390          (vi) $50.50 for each hybrid electric motor vehicle;
391          (vii) $62.50 for each plug-in hybrid electric motor vehicle;
392          (viii) $38.50 for each motor vehicle fueled by propane; and
393          (ix) $74.50 for each motor vehicle not described in Subsections (2)(b)(i) through (viii).
394          (3) (a) The initial registration fee for a vintage vehicle that is 40 years old or older is
395     $40.
396          (b) A vintage vehicle that is 40 years old or older is exempt from the renewal of
397     registration fees under Subsection (1).
398          (c) A vehicle with a Purple Heart special group license plate issued in accordance with
399     Section 41-1a-421 is exempt from the registration fees under Subsection (1).
400          (d) A camper is exempt from the registration fees under Subsection (1).
401          (4) If a motor vehicle is operated in combination with a semitrailer or trailer, each
402     motor vehicle shall register for the total gross laden weight of all units of the combination if the
403     total gross laden weight of the combination exceeds 12,000 pounds.
404          (5) (a) Registration fee categories under this section are based on the gross laden
405     weight declared in the licensee's application for registration.
406          (b) Gross laden weight shall be computed in units of 2,000 pounds. A fractional part
407     of 2,000 pounds is a full unit.
408          (6) The owner of a commercial trailer or commercial semitrailer may, as an alternative
409     to registering under Subsection (1)(c), apply for and obtain a special registration and license
410     plate for a fee of $130.
411          (7) Except as provided in Section 41-6a-1642, a truck may not be registered as a farm
412     truck unless:
413          (a) the truck meets the definition of a farm truck under Section 41-1a-102; and
414          (b) (i) the truck has a gross vehicle weight rating of more than 12,000 pounds; or
415          (ii) the truck has a gross vehicle weight rating of 12,000 pounds or less and the owner
416     submits to the division a certificate of emissions inspection or a waiver in compliance with
417     Section 41-6a-1642.
418          (8) A violation of Subsection (7) is a class B misdemeanor that shall be punished by a
419     fine of not less than $200.
420          (9) Trucks used exclusively to pump cement, bore wells, or perform crane services
421     with a crane lift capacity of five or more tons, are exempt from 50% of the amount of the fees
422     required for those vehicles under this section.
423          Section 4. Section 41-3-301 is amended to read:
424          41-3-301. Sale by dealer, sale by auction -- Temporary permit -- Delivery of
425     certificate of title or origin -- Notice to division.
426          (1) (a) (i) Each dealer licensed under Part 2, Licensing, upon the sale and delivery of
427     any motor vehicle for which a temporary permit is issued under Section 41-3-302 shall within
428     45 days submit a certificate of title or manufacturer's certificate of origin for that motor vehicle,
429     endorsed according to law, to the Motor Vehicle Division, accompanied by all documents
430     required to obtain a new certificate of title and registration in the new owner's name.
431          (ii) Each dealer is responsible and liable for the registration fee for a vehicle described
432     in Subsection (1)(a)(i).
433          (b) If a temporary permit is not issued, the certificate of title or manufacturer's
434     certificate of origin shall be delivered to the vendee, endorsed according to law, within 48
435     hours, unless the vendee is a dealer or dismantler in which case the title or manufacturer's
436     certificate of origin shall be delivered within 21 days.
437          (c) (i) A motor vehicle consigned to an auction and sold is considered sold by the
438     consignor to the auction and then sold by the auction to the consignee.
439          (ii) Both the consignor and auction are subject to this section.
440          (d) (i) (A) A motor vehicle consigned to a wholesale motor vehicle auction and sold to
441     a licensed dealer or dismantler is considered sold by the consignor to the licensed dealer or
442     dismantler.
443          (B) Both the consignor and the wholesale motor vehicle auction are subject to the title
444     delivery requirements of Subsection (1)(b).
445          (C) The consignor, or the wholesale motor vehicle auction as the consignor's agent,
446     shall endorse the certificate of title according to law. By endorsing the certificate of title as
447     agent of the consignor, the wholesale motor vehicle auction does not become the owner, seller,
448     or assignor of title.
449          (ii) (A) A wholesale motor vehicle auction may purchase or sell motor vehicles in its
450     own name.
451          (B) If a wholesale motor vehicle auction purchases or sells a motor vehicle in its own
452     name, the wholesale motor vehicle auction is subject to Subsections (1)(a) and (1)(b).
453          (2) (a) (i) Each dealer licensed under Part 2, Licensing, upon the sale and delivery of a
454     motor vehicle for which a temporary permit is issued under Section 41-3-302, shall within 45
455     days give written notice of the sale to the Motor Vehicle Division upon a form provided by the
456     Motor Vehicle Division.
457          (ii) The notice shall contain:
458          (A) the date of the sale;
459          (B) the names and addresses of the dealer and the purchaser;
460          (C) a description of the motor vehicle;
461          (D) the motor vehicle's odometer reading at the time of the sale; and
462          (E) other information required by the division.
463          (b) If no temporary permit is issued, the notice shall be filed with the division within
464     45 days after the sale, and a duplicate copy shall be given to the purchaser at the time of sale,
465     unless the purchaser is a dealer or dismantler.
466          (c) The administrator may make rules in accordance with Title 63G, Chapter 3, Utah
467     Administrative Rulemaking Act, providing that the notice required under Subsections (2)(a)
468     and (2)(b) may be filed in electronic form or on magnetic media.
469          Section 5. Section 41-3-302 is amended to read:
470          41-3-302. Temporary permits -- Purchasers of motor vehicles -- Penalty for use
471     after expiration -- Sale and rescission.
472          (1) (a) [(i)] A dealer or the division may issue a temporary permit.
473          [(ii)] (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
474     Act, the administrator shall makes rules for the issuance of a temporary permit under
475     Subsection (1)(a)[(i)].
476          [(iii)] (c) The division shall furnish the forms for temporary permits issued by dealers
477     under Subsection (1)(a)[(i)].
478          [(b)] (2) A dealer may issue a temporary permit to a bona fide purchaser of a motor
479     vehicle for a period not to exceed 45 days on a motor vehicle sold to the purchaser by the
480     dealer.
481          [(c) The] (3) Except as provided in Subsection (4), the dealer [is responsible and liable
482     for the registration fee of] shall pay a fee of $51 for each motor vehicle for which [the] a permit
483     is issued under this section.
484          [(d) All issued temporary permits that are outstanding after 45 days from the date they
485     are issued are delinquent and a penalty equal to the registration fee shall be collected from the
486     issuing dealer.]
487          [(2) If a temporary permit is issued by a dealer under this section and the sale of the
488     motor vehicle is subsequently rescinded, the temporary permit may be voided and the issuing
489     dealer is not liable for the registration fee or penalty.]
490          (4) A dealer is not required to pay the fee required under Subsection (3):
491          (a) if a Utah registration is obtained for the motor vehicle within the time frame
492     allowed under Subsection (2); or
493          (b) if the sale of the motor vehicle for which the temporary permit is issued under this
494     section is subsequently rescinded and the temporary permit is voided.
495          Section 6. Section 72-2-124 is amended to read:
496          72-2-124. Transportation Investment Fund of 2005.
497          (1) There is created a capital projects fund entitled the Transportation Investment Fund
498     of 2005.
499          (2) The fund consists of money generated from the following sources:
500          (a) any voluntary contributions received for the maintenance, construction,
501     reconstruction, or renovation of state and federal highways;
502          (b) appropriations made to the fund by the Legislature;
503          (c) the sales and use tax revenues deposited into the fund in accordance with Section
504     59-12-103; and
505          (d) registration fees designated under Section 41-1a-1201.
506          (3) (a) The fund shall earn interest.
507          (b) All interest earned on fund money shall be deposited into the fund.
508          (4) (a) Except as provided in Subsection (4)(b), the executive director may use fund
509     money only to pay:
510          (i) the costs of maintenance, construction, reconstruction, or renovation to state and
511     federal highways prioritized by the Transportation Commission through the prioritization
512     process for new transportation capacity projects adopted under Section 72-1-304;
513          (ii) the costs of maintenance, construction, reconstruction, or renovation to the highway
514     projects described in Subsections 63B-18-401(2), (3), and (4);
515          (iii) principal, interest, and issuance costs of bonds authorized by Section 63B-18-401
516     minus the costs paid from the County of the First Class State Highway Projects Fund in
517     accordance with Subsection 72-2-121(4)(e); and
518          (iv) for a fiscal year beginning on or after July 1, 2013, to transfer to the 2010 Salt
519     Lake County Revenue Bond Sinking Fund created by Section 72-2-121.3 the amount certified
520     by Salt Lake County in accordance with Subsection 72-2-121.3(4)(c) as necessary to pay the
521     debt service on $30,000,000 of the revenue bonds issued by Salt Lake County;
522          (v) principal, interest, and issuance costs of bonds authorized by Section 63B-16-101
523     for projects prioritized in accordance with Section 72-2-125;
524          (vi) all highway general obligation bonds that are intended to be paid from revenues in
525     the Centennial Highway Fund created by Section 72-2-118; and
526          (vii) for fiscal year 2013-14 only, to transfer up to $13,250,000 to the County of the
527     First Class State Highway Projects Fund created in Section 72-2-121 to be used for the
528     purposes described in Section 72-2-121.
529          (b) The executive director may use fund money to exchange for an equal or greater
530     amount of federal transportation funds to be used as provided in Subsection (4)(a).
531          (5) (a) Before bonds authorized by Section 63B-18-401 may be issued in any fiscal
532     year, the department and the commission shall appear before the Executive Appropriations
533     Committee of the Legislature and present the amount of bond proceeds that the department
534     needs to provide funding for the projects identified in Subsections 63B-18-401(2), (3), and (4)
535     for the next fiscal year.
536          (b) The Executive Appropriations Committee of the Legislature shall review and
537     comment on the amount of bond proceeds needed to fund the projects.
538          (6) The Division of Finance shall, from money deposited into the fund, transfer the
539     amount of funds necessary to pay principal, interest, and issuance costs of bonds authorized by
540     Section 63B-18-401 in the current fiscal year to the appropriate debt service or sinking fund.
541          (7) For fiscal year 2016-17 only, the Division of Finance shall, from money deposited
542     into the fund, transfer $2,500,000 to the Clean Fuels and Vehicle Technology Fund created in
543     Section 19-1-403.
544          Section 7. Study.
545          (1) During the 2015 interim, the Transportation Interim Committee of the Legislature
546     shall study the impacts of creating variable registration fees based on a motor vehicle's fuel
547     economy rating.
548          (2) The designated interim committee shall:
549          (a) hear reports from the State Tax Commission on the implementation requirements
550     for creating variable registration fees based on motor vehicle fuel economy ratings; and
551          (b) consider any issues that need additional legislative remedies.
552          Section 8. Effective date.
553          (1) Except as provided in Subsection (2), this bill takes effect on May 12, 2015.
554          (2) The actions affecting the following sections take effect on January 1, 2016:
555          (a) Section 41-1a-102;
556          (b) Section 41-1a-1201;
557          (c) Section 41-1a-1206;
558          (d) Section 41-3-301;
559          (e) Section 41-3-302; and
560          (f) Section 72-2-124.