Chief Sponsor: Don L. Ipson

House Sponsor: Kay J. Christofferson


9     General Description:
10          This bill amends provisions related to annual registration requirements for vehicles with
11     exempt and apportioned license plates.
12     Highlighted Provisions:
13          This bill:
14          ▸     removes the requirement for a vehicle with an "EX" or "UHP" license plate to
15     annually renew registration;
16          ▸     allows certain exempt plates to remain valid as long as the vehicle is registered and
17     in service by the owning entity;
18          ▸     amends provisions requiring certain decals for exempt and apportioned license
19     plates; and
20          ▸     makes technical changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          This bill provides a special effective date.
25     Utah Code Sections Affected:
26     AMENDS:
27          41-1a-216, as last amended by Laws of Utah 2012, Chapter 397

28          41-1a-221, as last amended by Laws of Utah 2015, Chapter 412
29          41-1a-301, as last amended by Laws of Utah 2017, Chapter 24
30          41-1a-402, as last amended by Laws of Utah 2016, Chapter 102
31          41-1a-407, as last amended by Laws of Utah 2008, Chapter 382

33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 41-1a-216 is amended to read:
35          41-1a-216. Renewal of registration.
36          (1) The division may receive applications for registration renewal and issue new
37     registration cards at any time prior to the expiration of the registration, subject to the
38     availability of renewal materials.
39          (2) (a) Except as provided in Subsections (2)(c) and (3), the new registration shall
40     retain the same expiration month as recorded on the original registration even if the registration
41     has expired.
42          (b) Except as provided in Subsection (2)(c), the year of registration expiration shall be
43     changed to reflect the renewed registration period.
44          (c) If the application for renewal of registration is for a six-month registration period
45     under Section 41-1a-215.5, the new registration shall be for a six-month registration period that
46     begins with the first day of the calendar month following the last day of the expiration month
47     of the previous registration period as recorded on the original registration even if the
48     registration has expired.
49          (3) Subsection (2) does not apply if the owner can verify to the satisfaction of the
50     division that the vehicle registration was not renewed prior to its expiration due to the fact that
51     the vehicle was in storage, inoperable, or otherwise out of service.
52          (4) If the registration renewal application is an application generated by the division
53     through its automated system, the owner need not surrender the last registration card or
54     duplicate.
55          (5) A vehicle with an "EX" or "UHP" license plate, owned by an entity described in
56     Section 41-1a-407, is exempt from registration renewal requirements.
57          Section 2. Section 41-1a-221 is amended to read:
58          41-1a-221. Registration of vehicles of political subdivisions or state -- Expiration

59     of registration -- Certification of information -- Failure to comply.
60          (1) (a) An entity referred to in Subsection 41-1a-407(1) shall register [by June 30 of
61     each year] each vehicle that it owns, operates, or leases.
62          (b) This section does not apply to unmarked vehicles referred to in Section 41-1a-407[,
63     which shall be registered by the expiration date on the registration card].
64          [(2) (a) The entity shall apply to the division to renew registration pursuant to Section
65     41-1a-217.]
66          [(b) The division shall renew registration pursuant to Section 41-1a-216.]
67          [(3)] (2) A registration card and license plate issued to an entity under this section or
68     Subsection 41-1a-407(1) are in full force and effect until[:] the vehicle is no longer owned or
69     operated by that entity.
70          [(a) the registration expires;]
71          [(b) the vehicle is no longer owned or operated by that entity; or]
72          [(c) the division takes action as provided in Subsection (6).]
73          [(4)] (3) (a) If the owner of a vehicle subject to the provisions of this section transfers
74     or assigns title or interest in the vehicle, the registration of that vehicle expires.
75          (b) The transferor shall remove the license plates and within 20 days from the date of
76     transfer:
77          (i) destroy the license plates; or
78          (ii) forward [them] the license plates to the division to be destroyed.
79          [(5) Each entity shall:]
80          [(a) account to the division annually for all "EX" license plates issued to it; and]
81          [(b) certify to the division that the information is correct.]
82          [(6) If an entity fails to comply with this section, the division may:]
83          [(a) refuse to renew the registration of its vehicles;]
84          [(b) refuse to issue it additional license plates;]
85          [(c) suspend all its vehicle registrations; and]
86          [(d) recall license plates issued to an entity refusing to comply with this section.]
87          [(7)] (4) A violation of this section is an infraction.
88          Section 3. Section 41-1a-301 is amended to read:
89          41-1a-301. Apportioned registration and licensing of interstate vehicles.

90          (1) For purposes of this section, "registrant" means an owner or operator of one or
91     more commercial vehicles operating in two or more jurisdictions applying for apportioned
92     registration and licensing of a commercial vehicle.
93          (2) (a) An owner or operator of a fleet of commercial vehicles based in this state and
94     operating in two or more jurisdictions may register commercial vehicles for operation under the
95     International Registration Plan or the Uniform Vehicle Registration Proration and Reciprocity
96     Agreement by filing an application with the division.
97          (b) The application shall include information that identifies the vehicle owner, the
98     vehicle, the miles traveled in each jurisdiction, and other information pertinent to the
99     registration of apportioned vehicles.
100          (c) The division may not grant apportioned registration for vehicles operated
101     exclusively in this state.
102          (3) (a) If no operations were conducted during the preceding year, in computing fees
103     due:
104          (i) the application shall contain a statement of the proposed operations; and
105          (ii) the division shall determine fees based on average per vehicle distance
106     requirements under the International Registration Plan.
107          (b) At renewal, the registrant shall use the actual mileage from the preceding year in
108     computing fees due each jurisdiction.
109          (4) The division shall determine the registration fee for apportioned vehicles as
110     follows:
111          (a) divide the in-jurisdiction miles by the total miles generated during the preceding
112     year;
113          (b) total the fees for each vehicle based on the fees prescribed in Section 41-1a-1206;
114     and
115          (c) multiply the sum obtained under Subsection (4)(b) by the quotient obtained under
116     Subsection (4)(a).
117          (5) The registrant may list trailers or semitrailers of apportioned fleets separately as
118     "trailer fleets" on the application, with the fees paid according to the total distance those trailers
119     were towed in all jurisdictions during the preceding year mileage reporting period.
120          (6) (a) (i) When the registrant has paid the proper fees and cleared the property tax or

121     in lieu fee under Section 41-1a-206 or 41-1a-207, the division shall issue a registration card[,
122     annual decal, and where necessary,] and license plate[,] for each unit listed on the application.
123          (ii) The owner or operator shall carry an original registration in each vehicle at all
124     times.
125          (b) The owner or operator may carry original registration cards for trailers or
126     semitrailers in the power unit.
127          (c) (i) In lieu of a permanent registration card or license plate, the division may issue
128     one temporary permit authorizing operation of new or unlicensed vehicles until the permanent
129     registration is completed.
130          (ii) Once a temporary permit is issued:
131          (A) neither the registrant nor the division may cancel the registration process; and
132          (B) the division shall complete registration and the registrant shall pay the fees and any
133     property tax or in lieu fee due for the vehicle for which the permit was issued.
134          (iii) The division may not issue temporary permits for renewals.
135          (d) (i) The division shall issue one distinctive license plate for apportioned vehicles.
136          (ii) The owner or operator shall display the plate on the front of an apportioned truck
137     tractor or power unit or on the rear of any other apportioned vehicle.
138          (iii) (A) The division shall issue distinctive decals or a distinctive license plate
139     displaying the word "apportioned" [and the month and year of expiration] or the abbreviation
140     "APP" for each apportioned vehicle.
141          (B) A registrant of an apportioned vehicle is not required to display month or year
142     decals.
143          (iv) At the request of a registrant of an apportioned vehicle, the division may issue a
144     second license plate, for a total of two, to display on both the front and rear of the apportioned
145     vehicle.
146          (e) The division shall charge a nonrefundable administrative fee, determined by the
147     commission pursuant to Section 63J-1-504, for each temporary permit, registration, or both.
148          (7) Vehicles that are apportionally registered are fully registered for intrastate and
149     interstate movements, providing the registrant has secured proper interstate and intrastate
150     authority.
151          (8) (a) The division shall register vehicles added to an apportioned fleet after the

152     beginning of the registration year by applying the quotient under Subsection (4)(a) for the
153     original application to the fees due for the remainder of the registration year.
154          (b) (i) The owner shall maintain and submit complete annual mileage for each vehicle
155     in each jurisdiction, showing all miles operated by the lessor and lessee.
156          (ii) The fiscal mileage reporting period begins July 1, and continues through June 30 of
157     the year immediately preceding the calendar year in which the registration year begins.
158          (c) (i) An owner-operator, who is a lessor, may register the vehicle in the name of the
159     owner-operator.
160          (ii) The identification plates and registration card shall be the property of the lessor and
161     may reflect both the owner-operator's name and that of the carrier as lessee.
162          (iii) The division shall allocate the fees according to the operational records of the
163     owner-operator.
164          (d) (i) At the option of the lessor, the lessee may register a leased vehicle.
165          (ii) If a lessee is the registrant of a leased vehicle, both the lessor's and lessee's name
166     shall appear on the registration.
167          (iii) The division shall allocate the fees according to the records of the carrier.
168          (9) (a) When the division has accepted an application for apportioned registration, the
169     registrant shall preserve the records on which the application is based for a period of three
170     years after the close of the registration year.
171          (b) Upon request for audit as to accuracy of computations, payments, and assessments
172     for deficiencies, or allowances for credits, the registrant shall provide the records to the
173     division.
174          (c) The division may not make an assessment for deficiency or claim for credit for any
175     period for which records are no longer required.
176          (d) The division may assess interest in the amount prescribed by Section 59-1-402
177     from the date due until paid on deficiencies found due after audit.
178          (e) Registrants with deficiencies are subject to the penalties under Section 59-1-401.
179          (f) The division may enter into agreements with other International Registration Plan
180     jurisdictions for joint audits.
181          (10) (a) Except as provided in Subsection (10)(b), the division shall deposit all state
182     fees collected under this section in the Transportation Fund.

183          (b) The commission may use the following fees as a dedicated credit to cover the costs
184     of electronic credentialing as provided in Section 41-1a-303:
185          (i) $5 of each temporary registration permit fee paid under Subsection (13)(a)(i) for a
186     single unit; and
187          (ii) $10 of each temporary registration permit fee paid under Subsection (13)(a)(ii) for
188     multiple units.
189          (11) If registration is for less than a full year, the division shall assess fees for
190     apportioned registration according to Section 41-1a-1207.
191          (a) (i) If the registrant is replacing a vehicle for one withdrawn from the fleet and the
192     new vehicle is of the same weight category as the replaced vehicle, the registrant shall file a
193     supplemental application.
194          (ii) If the registrant is replacing a vehicle for one withdrawn from the fleet and the new
195     vehicle is heavier than the replaced vehicle, the division shall assess additional registration
196     fees.
197          (iii) If the registrant is replacing a vehicle for one withdrawn from the fleet, the
198     division shall issue a new registration card.
199          (b) If a vehicle is withdrawn from an apportioned fleet during the period for which it is
200     registered, the registrant shall notify the division and surrender the registration card and license
201     plate of the withdrawn vehicle.
202          (12) (a) An out-of-state carrier with an apportionally registered vehicle who has not
203     presented a certificate of property tax or in lieu fee as required by Section 41-1a-206 or
204     41-1a-207, shall pay, at the time of registration, a proportional part of an equalized highway
205     use tax computed as follows:
206          (i) Multiply the number of vehicles or combination vehicles registered in each weight
207     class by the equivalent tax figure from the following tables:
208      Vehicle or Combination
Registered Weight

Age of Vehicle

Equivalent Tax
209      12,000 pounds or less12 or more years$10
210      12,000 pounds or less9 or more years but less than 12 years$50
211      12,000 pounds or less6 or more years but less than 9 years$80
212      12,000 pounds or less3 or more years but less than 6 years$110
213      12,000 pounds or lessLess than 3 years$150
214      Vehicle or Combination
Registered Weight
215      12,001 - 18,000 pounds$150
216      18,001 - 34,000 pounds 200
217      34,001 - 48,000 pounds 300
218      48,001 - 64,000 pounds 450
219      64,001 pounds and over 600
220          (ii) Multiply the equivalent tax value for the total fleet determined under Subsection
221     (12)(a)(i) by the fraction computed under Subsection (4) for the apportioned fleet for the
222     registration year.
223          (b) For registration described in Subsection (12)(a), the division shall assess fees as
224     provided in Section 41-1a-1207.
225          (13) (a) Commercial vehicles meeting the registration requirements of another
226     jurisdiction may, as an alternative to full or apportioned registration, secure a temporary
227     registration permit for a period not to exceed 96 hours or until they leave the state, whichever is
228     less, for a fee of:
229          (i) $25 for a single unit; and
230          (ii) $50 for multiple units.
231          (b) A state temporary permit or registration fee is not required from nonresident owners
232     or operators of vehicles or combination of vehicles having a gross laden weight of 26,000
233     pounds or less for each single unit or combination.
234          (14) The division may not register a park model recreational vehicle under this section.
235          (15) A violation of this section is an infraction.
236          Section 4. Section 41-1a-402 is amended to read:
237          41-1a-402. Required colors, numerals, and letters -- Expiration.
238          (1) Each license plate shall have displayed on it:
239          (a) the registration number assigned to the vehicle for which it is issued;
240          (b) the name of the state; and

241          (c) unless exempted by Section 41-1a-301 or 41-1a-407, a registration decal showing
242     the date of expiration displayed in accordance with Subsection (6).
243          (2) If registration is extended by affixing a registration decal to the license plate, the
244     expiration date of the decal governs the expiration date of the license plate.
245          (3) Except as provided in Subsection (4), each original license plate that is not one of
246     the special group license plates issued under Section 41-1a-418 shall be:
247          (a) a statehood centennial license plate with the same color, design, and slogan as the
248     plates issued in conjunction with the statehood centennial;
249          (b) a Ski Utah license plate; or
250          (c) an In God We Trust license plate.
251          (4) Beginning on the date that the division determines the existing inventories of
252     statehood centennial license plates and Ski Utah license plates are exhausted, each license plate
253     that is not one of the special group license plates issued under Section 41-1a-418 shall:
254          (a) (i) display the "Life Elevated" slogan; and
255          (ii) have a color and design approved by the 57th Legislature in the 2007 General
256     Session that features:
257          (A) a skier with the "Greatest Snow on Earth" slogan; or
258          (B) Delicate Arch; [or]
259          (b) be an In God We Trust license plate[.]; or
260          (c) beginning on the date that the division determines the existing inventories of decals
261     for an apportioned vehicle described in Section 41-1a-301 are exhausted, be a distinctive
262     license plate displaying the word "apportioned" or the abbreviation "APP."
263          (5) (a) Except as provided under Subsection 41-1a-215(2) and Section 41-1a-216,
264     license plates shall be renewed annually.
265          (b) (i) The division shall issue the vehicle owner a month decal and a year decal upon
266     the vehicle's first registration with the division.
267          (ii) The division shall issue the vehicle owner only a year decal upon subsequent
268     renewals of registration to validate registration renewal.
269          (6) The decals issued in accordance with Subsection (5) shall be applied as follows:
270          (a) for license plates issued beginning in 1974 through 1985, decals displayed on
271     license plates with black lettering on a white background shall be applied to the lower left-hand

272     corner of the rear of the license plate vehicles;
273          (b) decals displayed on statehood centennial license plates and on Ski Utah license
274     plates issued in accordance with Subsection (3) shall be applied to the upper left-hand corner of
275     the rear license plate;
276          (c) decals displayed on special group license plates issued in accordance with Section
277     41-1a-418 shall be applied to the upper right-hand corner of the license plate unless there is a
278     plate indentation on the upper left-hand corner of the license plate;
279          (d) decals displayed on license plates with the "Life Elevated" slogan issued in
280     accordance with Subsection (4) shall be applied in the upper left-hand corner for the month
281     decal and the upper right-hand corner for the year decal;
282          (e) decals displayed on license plates with the "In God We Trust" slogan issued in
283     accordance with Subsection (4)(b) shall be applied in the upper right-hand corner of the rear
284     license plate unless there is a plate indentation on the upper left-hand corner of the license
285     plate;
286          [(f) decals issued for truck tractors shall be applied to the front license plate in the
287     position described in Subsection (6)(a), (b), or (d);]
288          [(g)] (f) decals issued for motorcycles shall be applied to the upper corner of the license
289     plate opposite the word "Utah"; and
290          [(h)] (g) decals displayed on license plates issued under Section 41-1a-416 shall be
291     applied as appropriate for the year of the plate.
292          (7) (a) The month decal issued in accordance with Subsection (5) shall be displayed on
293     the license plate in the left position.
294          (b) The year decal issued in accordance with Subsection (5) shall be displayed on the
295     license plate in the right position.
296          (8) The current year decal issued in accordance with Subsection (5) shall be placed
297     over the previous year decal.
298          (9) If a license plate, month decal, or year decal is lost or destroyed, a replacement shall
299     be issued upon application and payment of the fees required under Section 41-1a-1211 or
300     41-1a-1212.
301          (10) A violation of this section is an infraction.
302          Section 5. Section 41-1a-407 is amended to read:

303          41-1a-407. Plates issued to political subdivisions or state -- Use of "EX" letters --
304     Confidential information.
305          (1) Except as provided in Subsection (2), each municipality, board of education, school
306     district, state institution of learning, county, other governmental division, subdivision, or
307     district, and the state shall:
308          (a) place a license plate displaying the letters, "EX" on every vehicle owned and
309     operated by it or leased for its exclusive use; and
310          (b) display an identification mark designating the vehicle as the property of the entity
311     in a conspicuous place on both sides of the vehicle.
312          (2) The entity need not display the "EX" license plate or the identification mark
313     required by Subsection (1) if:
314          (a) the vehicle is in the direct service of the governor, lieutenant governor, attorney
315     general, state auditor, or state treasurer of Utah;
316          (b) the vehicle is used in official investigative work where secrecy is essential;
317          (c) the vehicle is used in an organized Utah Highway Patrol operation that is:
318          (i) conducted within a county of the first or second class as defined under Section
319     17-50-501, unless no more than one unmarked vehicle is used for the operation;
320          (ii) approved by the Commissioner of Public Safety;
321          (iii) of a duration of 14 consecutive days or less; and
322          (iv) targeted toward careless driving, aggressive driving, and accidents involving:
323          (A) violations of Title 41, Chapter 6a, Part 5, Driving Under the Influence and
324     Reckless Driving;
325          (B) speeding violations for exceeding the posted speed limit by 21 or more miles per
326     hour;
327          (C) speeding violations in a reduced speed school zone under Section 41-6a-604;
328          (D) violations of Section 41-6a-1002 related to pedestrian crosswalks; or
329          (E) violations of Section 41-6a-702 related to lane restrictions;
330          (d) the vehicle is provided to an official of the entity as part of a compensation package
331     allowing unlimited personal use of that vehicle;
332          (e) the personal security of the occupants of the vehicle would be jeopardized if the
333     "EX" license plate were in place; or

334          (f) the vehicle is used in routine enforcement on a state highway with four or more
335     lanes involving:
336          (i) violations of Section 41-6a-701 related to operating a vehicle on the right side of a
337     roadway;
338          (ii) violations of Section 41-6a-702 related to left lane restrictions;
339          (iii) violations of Section 41-6a-704 related to overtaking and passing vehicles
340     proceeding in the same direction;
341          (iv) violations of Section 41-6a-711 related to following a vehicle at a safe distance;
342     and
343          (v) violations of Section 41-6a-804 related to turning and changing lanes.
344          (3) Plates issued to Utah Highway Patrol vehicles may bear the capital letters "UHP," a
345     beehive logo, and the call number of the trooper to whom the vehicle is issued.
346          (4) (a) The commission shall issue "EX" and "UHP" plates.
347          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
348     commission shall make rules establishing the procedure for application for and distribution of
349     the plates.
350          (5) For a vehicle that qualifies for "EX" or "UHP" license plates, the entity is not
351     required to display [an annual registration decal] the month or year registration decals
352     described in Section 41-1a-402.
353           (6) (a) Information shall be confidential for vehicles that are not required to display the
354     "EX" license plate or the identification mark under Subsections (2)(a), (b), (d), and (e).
355          (b) (i) If a law enforcement officer's identity must be kept secret, the law enforcement
356     officer's agency head may request in writing that the division remove the license plate
357     information of the officer's personal vehicles from all public access files and place it in a
358     confidential file until the assignment is completed.
359          (ii) The agency head shall notify the division when the assignment is completed.
360          (7) A peace officer engaged in an organized operation under Subsection (2)(c) shall be
361     in a uniform clearly identifying the law enforcement agency the peace officer is representing
362     during the operation.
363          Section 6. Effective date.
364          If approved by two-thirds of all the members elected to each house, this bill takes effect

365     upon approval by the governor, or the day following the constitutional time limit of Utah
366     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
367     the date of veto override, except that the changes to Section 41-1a-301 in this bill take effect on
368     January 1, 2019.

Legislative Review Note
Office of Legislative Research and General Counsel