Enrolled Copy S.B. 51 1 TRANSPORTATION AMENDMENTS 2 2022 GENERAL SESSION 3 STATE OF UTAH 4 Chief Sponsor: Wayne A. Harper 5 House Sponsor: Kay J. Christofferson 6 7 LONG TITLE 8 General Description: 9 This bill amends provisions related to transportation issues including motor vehicles, 10 vintage vehicles, transportation projects, and a towing rotation pilot program. 11 Highlighted Provisions: 12 This bill: 13 < makes technical changes to correct inaccurate or outdated cross references; 14 < allows the State Tax Commission to delay the expiration of vehicle registrations in 15 circumstances where materials for registration decals are temporarily unavailable; 16 < at the time of registration, requires a vintage vehicle that has a model year of 1981 17 or newer to: 18 C provide proof of an emissions inspection; or 19 C provide proof of vehicle insurance that is a type specific to a collector vehicle; 20 < for a vintage vehicle that has a model year of 1981 or newer: 21 C increases the registration fee by 50 cents; 22 C allows the State Tax Commission to use 50 cents of the increased registration 23 fee to cover the costs to administer the vintage vehicle registration program; and 24 C allows certain vintage vehicles to display a historical support special group 25 license plate instead of a vintage vehicle license plate; 26 < for a vintage vehicle, removes the requirement to display a front license plate; 27 < amends provisions related to the Office of the Attorney General in prosecution of 28 certain cases related to motor vehicle enforcement; S.B. 51 Enrolled Copy 29 < allows the Department of Public Safety to establish a pilot program to establish a 30 public-private partnership to manage certain tow rotation dispatch services; 31 < amends certain allocations of funding for transportation projects; 32 < clarifies a definition related to local option sales and use taxes for public transit; and 33 < makes technical changes. 34 Money Appropriated in this Bill: 35 This bill appropriates in fiscal year 2023: 36 < to the Office of the Attorney General -- Internal Service Fund -- Attorney General: 37 C from the Dedicated Credits Revenue Temporary Permit Account, $192,000. 38 Other Special Clauses: 39 This bill provides a special effective date. 40 Utah Code Sections Affected: 41 AMENDS: 42 17B-2a-807.2, as enacted by Laws of Utah 2019, Chapter 479 43 41-1a-201, as last amended by Laws of Utah 2019, Chapter 459 44 41-1a-226, as last amended by Laws of Utah 2017, Chapter 406 45 41-1a-401, as last amended by Laws of Utah 2018, Chapters 260, 260, and 454 46 41-1a-404, as last amended by Laws of Utah 2015, Chapters 81 and 412 47 41-1a-422, as last amended by Laws of Utah 2021, Chapters 219, 280, and 378 48 41-1a-1201, as last amended by Laws of Utah 2018, Chapter 424 49 41-1a-1206, as last amended by Laws of Utah 2020, Chapter 377 50 41-3-105, as last amended by Laws of Utah 2020, Chapters 354 and 396 51 41-6a-1642, as last amended by Laws of Utah 2021, Chapter 322 52 41-21-1, as last amended by Laws of Utah 2016, Chapter 40 53 53-3-105, as last amended by Laws of Utah 2021, Chapter 284 54 53-3-219, as last amended by Laws of Utah 2021, Chapter 262 55 59-12-2220, as last amended by Laws of Utah 2019, Chapter 479 -2- Enrolled Copy S.B. 51 56 63B-31-103, as enacted by Laws of Utah 2021, Chapter 420 57 63I-1-272, as last amended by Laws of Utah 2021, Chapter 420 58 63I-2-272, as last amended by Laws of Utah 2021, Chapter 358 59 72-1-213.1, as last amended by Laws of Utah 2021, Chapter 222 60 72-1-213.2, as enacted by Laws of Utah 2021, Chapters 222 and 222 61 72-2-121, as last amended by Laws of Utah 2021, Chapters 239, 239, 420, and 420 62 72-2-124, as last amended by Laws of Utah 2021, Chapters 239, 387, and 411 63 72-5-309, as last amended by Laws of Utah 2021, Chapter 162 64 72-5-403, as last amended by Laws of Utah 2012, Chapter 121 65 ENACTS: 66 53-1-106.2, Utah Code Annotated 1953 67 REPEALS: 68 72-1-213, as last amended by Laws of Utah 2019, Chapter 479 69 70 Be it enacted by the Legislature of the state of Utah: 71 Section 1. Section 17B-2a-807.2 is amended to read: 72 17B-2a-807.2. Existing large public transit district board of trustees -- 73 Appointment -- Quorum -- Compensation -- Terms. 74 (1) (a) (i) For a large public transit district created before January 1, 2019, and except 75 as provided in Subsection (7), the board of trustees shall consist of three members appointed as 76 described in Subsection (1)(b). 77 (ii) For purposes of a large public transit district created before January 1, 2019, the 78 nominating regions are as follows: 79 (A) a central region that is Salt Lake County; 80 (B) a southern region that is comprised of Utah County and the portion of Tooele 81 County that is part of the large public transit district; and 82 (C) a northern region that is comprised of Davis County, Weber County, and the -3- S.B. 51 Enrolled Copy 83 portion of Box Elder County that is part of the large public transit district. 84 (iii) (A) If a large public transit district created before January 1, 2019, annexes an 85 additional county into the large public transit district pursuant to Section 17B-1-402, following 86 the issuance of the certificate of annexation by the lieutenant governor, the political 87 subdivisions making up the large public transit district shall submit to the Legislature for 88 approval a proposal for the creation of three regions for nominating members to the board of 89 trustees of the large public transit district. 90 (B) If a large public transit district created before January 1, 2019, has a change to the 91 boundaries of the large public transit district, the Legislature, after receiving and considering 92 the proposal described in Subsection (1)(a)(iii)(A), shall designate the three regions for 93 nominating members to the board of trustees of the large public transit district. 94 (b) (i) Except as provided in Subsection (5), the governor, with advice and consent of 95 the Senate, shall appoint the members of the board of trustees, making: 96 (A) one appointment from individuals nominated from the central region as described 97 in Subsection (2); 98 (B) one appointment from individuals nominated from the southern region described in 99 Subsection (3); and 100 (C) one appointment from individuals nominated from the northern region described in 101 Subsection (4). 102 (2) For the appointment from the central region, the governor shall appoint one 103 individual selected from five individuals nominated as follows: 104 (a) two individuals nominated by the council of governments of Salt Lake County; and 105 (b) three individuals nominated by the mayor of Salt Lake County, with approval of the 106 Salt Lake County council. 107 (3) For the appointment from the southern region, the governor shall appoint one 108 individual selected from five individuals nominated as follows: 109 (a) two individuals nominated by the council of governments of Utah County; -4- Enrolled Copy S.B. 51 110 (b) two individuals nominated by the county commission of Utah County; and 111 (c) one individual nominated by the county commission of Tooele County. 112 (4) For the appointment from the northern region, the governor shall appoint one 113 individual selected from five individuals nominated as follows: 114 (a) one individual nominated by the council of governments of Davis County; 115 (b) one individual nominated by the council of governments of Weber County; 116 (c) one individual nominated by the county commission of Davis County; 117 (d) one individual nominated by the county commission of Weber County; and 118 (e) one individual nominated by the county commission of Box Elder County. 119 (5) (a) The nominating counties described in Subsections (2) through (4) shall ensure 120 that nominations are submitted to the governor no later than June 1 of each respective 121 nominating year. 122 [(5)] (b) If the governor fails to appoint one of the individuals nominated as described 123 in Subsection (2), (3), or (4), as applicable, within 60 days of the nominations, the following 124 appointment procedures apply: 125 [(a)] (i) for an appointment for the central region, the Salt Lake County council shall 126 appoint an individual, with confirmation by the Senate; 127 [(b)] (ii) for an appointment for the southern region, the Utah County commission shall 128 appoint an individual, in consultation with the Tooele County commission, with confirmation 129 by the Senate; and 130 [(c)] (iii) for an appointment for the northern region, the Davis County commission and 131 the Weber County commission, collectively, and in consultation with the Box Elder County 132 commission, shall appoint an individual, with confirmation by the Senate. 133 (6) (a) Each nominee shall be a qualified executive with technical and administrative 134 experience and training appropriate for the position. 135 (b) The board of trustees of a large public transit district shall be full-time employees 136 of the public transit district. -5- S.B. 51 Enrolled Copy 137 (c) The compensation package for the board of trustees shall be determined by the local 138 advisory council as described in Section 17B-2a-808.2. 139 (d) (i) Subject to Subsection (6)(d)(iii), for a board of trustees of a large public transit 140 district, "quorum" means at least two members of the board of trustees. 141 (ii) Action by a majority of a quorum constitutes an action of the board of trustees. 142 (iii) A meeting of a quorum of a board of trustees of a large public transit district is 143 subject to Section 52-4-103 regarding convening of a three-member board of trustees and what 144 constitutes a public meeting. 145 (7) (a) Subject to Subsection (8), each member of the board of trustees of a large public 146 transit district shall serve for a term of four years. 147 (b) A member of the board of trustees may serve an unlimited number of terms. 148 (c) Notwithstanding Subsection (2), (3), or (4), as applicable, at the expiration of a 149 term of a member of the board of trustees, if the respective nominating entities and individuals 150 for the respective region described in Subsection (2), (3), or (4), unanimously agree to retain 151 the existing member of the board of trustees, the respective nominating individuals or bodies 152 described in Subsection (2), (3), or (4) are not required to make nominations to the governor, 153 and the governor may reappoint the existing member to the board of trustees. 154 (8) Each member of the board of trustees of a large public transit district shall serve at 155 the pleasure of the governor. 156 (9) Subject to Subsections (7) and (8), a board of trustees of a large public transit 157 district that is in place as of February 1, 2019, may remain in place. 158 (10) The governor shall designate one member of the board of trustees as chair of the 159 board of trustees. 160 (11) (a) If a vacancy occurs, the nomination and appointment procedures to replace the 161 individual shall occur in the same manner described in Subsection (2), (3), or (4), and, if 162 applicable, Subsection (5), for the respective member of the board of trustees creating the 163 vacancy. -6- Enrolled Copy S.B. 51 164 (b) If a vacancy occurs on the board of trustees of a large public transit district, the 165 respective nominating region shall nominate individuals to the governor as described in this 166 section within 60 days after the vacancy occurs. 167 (c) If the respective nominating region does not nominate to fill the vacancy within 60 168 days, the governor shall appoint an individual to fill the vacancy. 169 (d) A replacement board member shall serve for the remainder of the unexpired term, 170 but may serve an unlimited number of terms as provided in Subsection (7)(b). 171 Section 2. Section 41-1a-201 is amended to read: 172 41-1a-201. Function of registration -- Registration required -- Penalty. 173 (1) Unless exempted, a person or automated driving system may not operate and an 174 owner may not engage an automated driving system, give another person permission to engage 175 an automated driving system, or give another person permission to operate a motor vehicle, 176 combination of vehicles, trailer, semitrailer, vintage vehicle, off-highway vehicle, vessel, or 177 park model recreational vehicle in this state unless it has been registered in accordance with 178 this chapter, Title 41, Chapter 22, Off-Highway Vehicles, or Title 73, Chapter 18, State 179 Boating Act. 180 (2) Subject to Subsection 53-8-209(3), a violation of this section is an infraction. 181 (3) (a) In the event that materials are temporarily unavailable for registration items 182 required under Section 41-1a-402, the commission may delay initial vehicle registration or 183 renewal of vehicle registrations. 184 (b) In a circumstance described in Subsection (3)(a), a person does not violate 185 Subsection (1) for failure to register a vehicle during a delay period described in Subsection 186 (3)(a). 187 Section 3. Section 41-1a-226 is amended to read: 188 41-1a-226. Vintage vehicle -- Signed statement -- Registration. 189 (1) The owner of a vintage vehicle who applies for registration under this part shall 190 provide a signed statement that the vintage vehicle: -7- S.B. 51 Enrolled Copy 191 (a) is owned and operated for the purposes described in Section 41-21-1; and 192 (b) is safe to operate on the highways of this state as described in Section 41-21-4. 193 (2) [The] For a vintage vehicle with a model year of 1980 or older, the signed 194 statement described in Subsection (1) is in lieu of an emissions inspection, from which a 195 vintage vehicle is exempt under Subsection 41-6a-1642(4). 196 (3) Before registration of a vintage vehicle that has a model year of 1981 or newer, an 197 owner shall: 198 (a) obtain a certificate of emissions inspection as provided in Section 41-6a-1642; or 199 (b) provide proof of vehicle insurance coverage for the vintage vehicle that is a type 200 specific to a vehicle collector. 201 Section 4. Section 41-1a-401 is amended to read: 202 41-1a-401. License plates -- Number of plates -- Reflectorization -- Indicia of 203 registration in lieu of or used with plates. 204 (1) (a) Except as provided in Subsection (1)(c), the division upon registering a vehicle 205 shall issue to the owner: 206 (i) one license plate for a motorcycle, trailer, or semitrailer; 207 (ii) one decal for a park model recreational vehicle, in lieu of a license plate, which 208 shall be attached in plain sight to the rear of the park model recreational vehicle; 209 (iii) one decal for a camper, in lieu of a license plate, which shall be attached in plain 210 sight to the rear of the camper; and 211 (iv) two identical license plates for every other vehicle. 212 (b) The license plate or decal issued under Subsection (1)(a) is for the particular 213 vehicle registered and may not be removed during the term for which the license plate or decal 214 is issued or used upon any other vehicle than the registered vehicle. 215 (c) (i) Notwithstanding Subsections (1)(a) and (b) and except as provided in Subsection 216 (1)(c)(ii), the division, upon registering a motor vehicle that has been sold, traded, or the 217 ownership of which has been otherwise released, shall transfer the license plate issued to the -8- Enrolled Copy S.B. 51 218 person applying to register the vehicle if: 219 (A) the previous registered owner has included the license plate as part of the sale, 220 trade, or ownership release; and 221 (B) the person applying to register the vehicle applies to transfer the license plate to the 222 new registered owner of the vehicle.