reglab/statecodes huggingface dataset:
2023 Utah Code › Title 40 - Mines and Mining › Chapter 11 - Geologic Carbon Storage › Section 2 - Preemption.

Effective 5/4/2022
40-11-2.
Preemption.
(1) Regulation of geologic carbon storage is of statewide concern and the state regulation of geologic carbon storage activity occupies the whole field of geologic carbon storage subject to:
(a) the granting of primacy over Class VI geologic sequestration wells; and
(b) relevant federal law.
(2) The legislative body of a political subdivision may enact, amend, or enforce a local ordinance, resolution, or rule consistent with the political subdivision's general land use authority that:
(a) regulates only surface activity that is incidental to geologic carbon storage activity;
(b) does not effectively or unduly limit, ban, or prohibit geologic carbon storage activity; and
(c) is not otherwise preempted by state or federal law.
Enacted by Chapter 62, 2022 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 11 - Geologic Carbon Storage › Section 3 - Board authority -- Rulemaking authority.

Effective 5/4/2022
40-11-3.
Board authority -- Rulemaking authority.
(1) The board and the division have jurisdiction over all persons and property necessary to enforce this chapter.
(2) To enforce this chapter, the board shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(3) Subject to the granting of primacy by the Environmental Protection Agency under the process required in 40 C.F.R. Section 145 and successful application for primacy approval under Section 1425 of the Safe Drinking Water Act, the board and the division have:
(a) exclusive jurisdiction in the state over Class VI injection wells located in the state on nonfederal lands; and
(b) cooperative jurisdiction in the state over Class VI injection wells located in the state on federal lands.
(4) The board shall establish fees in accordance with Section 63J-1-504, in an amount to pay the costs to the board and division of:
(a) the permitting process;
(b) the regulation of the construction, operation, and pre-closure activities of the storage facility; and
(c) the monitoring of closed storage facilities.
Enacted by Chapter 62, 2022 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 11 - Geologic Carbon Storage › Section 4 - Board and division permit authority.

Effective 5/4/2022
40-11-4.
Board and division permit authority.
To the extent required to authorize and issue permits and to regulate geologic carbon sequestration, the board and the division shall have authority:
(1) over all persons and property necessary to administer and enforce this chapter and this chapter's objectives;
(2) to regulate activities relating to a storage facility, including construction, operation, and closure;
(3) to enter, at a reasonable time and manner, a storage facility to:
(a) inspect equipment and surface storage facilities;
(b) observe, monitor, and investigate operations; or
(c) inspect records the board requires the operators maintain at the storage facility;
(4) to require that storage operators provide assurance, including bonds, that money is available to fulfill the storage operator's duties;
(5) to exercise continuing jurisdiction over storage operators and storage facilities, including the authority, after notice and hearing, to amend provisions in a permit and to revoke a permit; and
(6) to dissolve or change the boundaries of any unit that is within or near a storage reservoir's boundaries.
Enacted by Chapter 62, 2022 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 11 - Geologic Carbon Storage › Section 5 - Permits.

Effective 5/4/2022
40-11-5.
Permits.
(1) Subject to the granting of primacy as described in Section 40-11-3, the board may authorize the division to issue a permit.
(2) A person may only transfer a permit to another person with permission of the board.
(3) A person may not engage in geologic carbon storage in the state without a permit.
Enacted by Chapter 62, 2022 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 11 - Geologic Carbon Storage › Section 6 - Permit application requirements.

Effective 5/4/2022
40-11-6.
Permit application requirements.
(1) A person applying for a permit shall:
(a) comply with:
(i) the application requirements the board establishes through rule; and
(ii) the application requirements described in this section; and
(b) pay a fee, as established by the board, to cover the administrative costs of considering an application for a permit.
(2) The board shall give priority to storage operators who apply for a permit to store carbon dioxide produced in Utah.
(3) A permit application shall demonstrate:
(a) that the storage operator has complied with all requirements established by the board in rule and in this chapter;
(b) that the storage facility is suitable for carbon dioxide injection and storage;
(c) that the carbon dioxide the storage operator will store is of a quality that allows the carbon dioxide to be safely and efficiently stored in the reservoir;
(d) that the storage operator has made a good-faith effort to get the consent of all persons who own the storage reservoir's pore space;
(e) that owners who own no less than 70% of the reservoir's pore space have provided written consent to the use of the owners' pore space for a storage facility;
(f) whether the storage facility contains commercially valuable minerals;
(g) if the storage facility contains commercially valuable minerals:
(i) a plan for addressing the ownership interests of the mineral owners or mineral lessees; and
(ii) a demonstration that the storage facility will not negatively impact the commercially valuable minerals;
(h) that the storage reservoir meets the integrity requirements described in Section 40-11-13;
(i) that the operator has taken reasonable steps to ensure that:
(i) the storage facility will not endanger human health;
(ii) the storage facility will not endanger the environment;
(iii) the storage facility is in the public interest;
(iv) the storage facility will not adversely affect surface water or formation containing fresh water;
(v) carbon dioxide will not escape from the storage reservoir at a rate exceeding the lower of 1% or the standard recommended by the Environmental Protection Agency; and
(vi) that substances that compromise the objectives of this chapter or the integrity of a reservoir will not enter the reservoir;
(j) that the storage reservoir has defined horizontal and vertical boundaries;
(k) that the boundaries of the storage reservoir include buffer areas to ensure the safe operation of the storage facility;
(l) plans for monitoring the storage facility and procedures to assess the location and migration of carbon dioxide injected for storage;
(m) plans to ensure compliance with geologic carbon storage statutes and rules; and
(n) assurance that all nonconsenting pore space owners are or will be equitably compensated for the use of the pore space of the nonconsenting pore space owners in the storage facility.
Enacted by Chapter 62, 2022 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 11 - Geologic Carbon Storage › Section 7 - Permit hearing.

Effective 5/4/2022
40-11-7.
Permit hearing.
(1) The board shall hold a public hearing before authorizing the division to issue a permit.
(2) The board shall conduct the hearing in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(3) The board shall give notice no fewer than 30 days prior to the hearing by:
(a) one publication in a daily newspaper of general circulation in Salt Lake City, Utah;
(b) in all newspapers of general circulation published in the county or counties in which the land affected is situated; and
(c) by publication in accordance with Section 45-1-101.
(4) In addition to the notice required in Subsection (3), an applicant shall provide notice of the hearing and a copy of the permit application, no fewer than 30 days before the hearing to:
(a) each mineral lessee within one-half mile of the storage reservoir's boundaries;
(b) each mineral owner within one-half mile of the storage reservoir's boundaries;
(c) each pore space owner within one-half mile of the storage reservoir's boundaries;
(d) each surface owner of land within one-half mile of the storage reservoir's boundaries; and
(e) any additional person the board identifies.
(5) An applicant shall serve the notice described in Subsection (4) through personal service.
(6) The board may, in accordance with the requirements of Section 63G-6a-116, procure the services of an administrative law judge to conduct the hearing described in Subsection (1).
(7) If the board procures the services of an administrative law judge, the board may rely on the decision of the administrative law judge when deciding whether to issue a permit.
Enacted by Chapter 62, 2022 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 11 - Geologic Carbon Storage › Section 8 - Findings to issue a permit.

Effective 5/4/2022
40-11-8.
Findings to issue a permit.
Before issuing a permit, the board shall find that:
(1) the application meets all of the requirements described in Section 40-11-6; and
(2) the interested parties described in Subsection 40-11-7(4) all received proper notice.
Enacted by Chapter 62, 2022 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 11 - Geologic Carbon Storage › Section 9 - Permit provisions.

Effective 5/4/2022
40-11-9.
Permit provisions.
(1) A permit shall require that:
(a) an operator remain in compliance with all of the permit requirements described in Subsection 40-11-6(3); and
(b) an operator comply with any additional provisions the board imposes.
(2) The board may make a permit contingent upon:
(a) the payment of fair compensation to pore space owners who do not consent to the use of the owners' pore space for geologic carbon storage;
(b) the recording of the permit as described in Section 40-11-12; and
(c) additional provisions to protect the environment and the property interests of the parties described in Subsection 40-11-7(4).
Enacted by Chapter 62, 2022 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 11 - Geologic Carbon Storage › Section 11 - Geologic carbon storage amalgamation unit -- Procedure for establishment -- Operation.

Effective 5/4/2022
40-11-11.
Geologic carbon storage amalgamation unit -- Procedure for establishment -- Operation.
(1) The board may hold a hearing to consider the need for the amalgamation of a tract for geologic carbon storage.
(2) The board shall make an order providing for the amalgamation of a tract for geologic carbon storage, if the board finds that:
(a) amalgamation is reasonably necessary for the purposes of this chapter; and
(b) the value of amalgamation justifies proceeding against the nonconsenting owner's wishes.
(3) The amalgamation order shall include:
(a) a description of the lands and of the reservoir to become a storage facility;
(b) a statement of the nature of the operations contemplated;
(c) an allocation to the separately owned tracts in the amalgamation unit of the profits the storage facility receives, considering:
(i) agreements among interested parties; and
(ii) the relative value of the separately owned tracts within the amalgamation area;
(d) a provision for adjustment among the owners of the amalgamation area for investments made prior to the amalgamation order;
(e) a provision determining the allocation of costs among owners, and how the owners shall pay those costs;
(f) any necessary provision for:
(i) financing an owner; or
(ii) carrying an owner;
(g) a provision for the supervision and conduct of the storage facility operations, including a percentage vote for each owner;
(h) additional provisions that are necessary and appropriate for carrying on the operation of the amalgamation unit; and
(i) the designation of an operator of the amalgamation unit.
(4) An amalgamation order described in Subsection (3) shall only be effective after the plan for operating the storage facility is approved in writing by:
(a) owners whose obligations under the amalgamation order require them to pay not less than 70% of the costs for operating and constructing the facility; and
(b) owners whose combined interest under the amalgamation order is not less than 70% of the profits from the operation of the storage facility.
Enacted by Chapter 62, 2022 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 11 - Geologic Carbon Storage › Section 12 - Requirement to record.

Effective 5/4/2022
40-11-12.
Requirement to record.
An operator shall file a record of the permit and a description of the impacted land with the recorder's office in each county where the storage facility is located.
Enacted by Chapter 62, 2022 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 11 - Geologic Carbon Storage › Section 13 - Reservoir integrity.

Effective 5/4/2022
40-11-13.
Reservoir integrity.
(1) Carbon dioxide injected into and stored in a reservoir in compliance with the requirements of this section is not:
(a) pollution, as that term is defined in Section 4-18-103; or
(b) a nuisance, as that term is defined in Section 4-44-102.
(2) A reservoir is only appropriate for geologic carbon storage if the board determines and the operator demonstrates that:
(a) carbon dioxide cannot escape the reservoir at a rate exceeding the lower of 1% or the standard recommended by the Environmental Protection Agency;
(b) no additional substances will be introduced into the storage facility that could compromise the integrity of the storage reservoir; and
(c) the operator has a plan to maintain the integrity of the reservoir.
(3) When making a determination described in Subsection (2), the board may rely upon:
(a) a finding from the Utah Geological Survey, created in Section 79-3-201 that the reservoir is appropriate for the storage of carbon dioxide; and
(b) reports and findings from the Department of Environmental Quality, created in Section 19-1-104.
(4) The board shall take action to enforce the provisions of this section.
Enacted by Chapter 62, 2022 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 11 - Geologic Carbon Storage › Section 14 - Preservation of rights.

Effective 5/4/2022
40-11-14.
Preservation of rights.
Nothing in this chapter or in a permit may be interpreted to:
(1) prejudice the rights of property owners who own property that hosts a storage facility to the extent that those property rights are not committed to the storage facility;
(2) prevent a mineral owner or mineral lessee from drilling through or near a storage reservoir to explore or develop mineral resources to the extent that the exploration and development:
(a) preserves the integrity of the storage facility; and
(b) complies with requirements described in this chapter.
Enacted by Chapter 62, 2022 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 11 - Geologic Carbon Storage › Section 15 - Title to injected carbon dioxide.

Effective 5/4/2022
40-11-15.
Title to injected carbon dioxide.
(1) The storage operator has title to the carbon dioxide injected into and stored in a storage reservoir and holds title until the board issues a certificate of project completion.
(2) The storage operator is liable for any damage the stored carbon dioxide may cause, including damage caused by escaping stored carbon dioxide until the board issues a certificate of completion.
(3) An owner of pore space does not incur liability for geologic carbon storage activity by virtue of ownership of or of leasing out the pore space.
Enacted by Chapter 62, 2022 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 11 - Geologic Carbon Storage › Section 16 - Certificate of project completion.

Effective 5/4/2022
40-11-16.
Certificate of project completion.
(1) To request a certificate of project completion, a storage operator shall submit:
(a) a demonstration that the last carbon dioxide injection was no fewer than 10 years preceding the filing;
(b) a statement of compliance with all statutes and rules regulating the storage facility;
(c) a demonstration of the resolution of all pending claims regarding the storage facility;
(d) a demonstration of the present and future physical integrity of the storage reservoir;
(e) a demonstration that any carbon dioxide in the storage reservoir:
(i) is essentially stationary; or
(ii) if the carbon dioxide migrates or will migrate, is highly unlikely to cross the storage reservoir boundary;
(f) a demonstration that all wells, equipment, and facilities necessary for maintaining the continued integrity of the storage reservoir are currently in good condition and will maintain that good condition;
(g) a demonstration that the operator has:
(i) plugged wells;
(ii) removed equipment and facilities not necessary to maintaining the integrity of the reservoir; and
(iii) completed any other reclamation work the board requires.
(2) Immediately after the board issues a certificate of completion:
(a) title to the storage facility and the stored carbon dioxide transfers to the state;
(b) liability with respect to the storage facility and the stored carbon dioxide transfers to the state;
(c) the storage operator and any person who is not the state who has property rights in the storage facility is released from any obligation to comply with regulatory requirements associated with the storage facility;
(d) the board shall release any bonds the storage operator has posted; and
(e) the division shall oversee the monitoring and managing of the storage facility.
Enacted by Chapter 62, 2022 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 11 - Geologic Carbon Storage › Section 17 - Application of this chapter to enhanced recovery projects.

Effective 5/4/2022
40-11-17.
Application of this chapter to enhanced recovery projects.
(1) This chapter does not apply to the injection of carbon dioxide for an enhanced oil or gas recovery project.
(2)
(a) This chapter does apply to the conversion of an enhanced oil or gas recovery project to a storage facility.
(b) To accommodate the conversion described in Subsection (2)(a), the board may make additional rules to allow for circumstances unique to the conversion of an enhanced oil and gas recovery project to a storage facility and not otherwise anticipated under this chapter.
Enacted by Chapter 62, 2022 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 11 - Geologic Carbon Storage › Section 18 - Cooperative agreements and contracts.

Effective 5/4/2022
40-11-18.
Cooperative agreements and contracts.
(1) The board may enter into an agreement with another government, government entity, or state agency for the purpose of carrying out the objectives described in this chapter.
(2) The board may enter into a contract with a private person in order for the board to carry out the board's objectives.
(3) The board shall follow Title 63G, Chapter 6a, Utah Procurement Code, when entering into an agreement or contract described in Subsection (1) or (2).
Enacted by Chapter 62, 2022 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 11 - Geologic Carbon Storage › Section 19 - Participation of public interests.

Effective 5/4/2022
40-11-19.
Participation of public interests.
The governing body of a controlling state interest or interest of a political subdivision is authorized to consent to and participate in a geologic carbon storage project.
Enacted by Chapter 62, 2022 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 11 - Geologic Carbon Storage › Section 20 - Adoption of procedure.

Effective 5/4/2022
40-11-20.
Adoption of procedure.
(1) The board may adopt procedures and criteria to determine the amount of injected carbon dioxide:
(a) stored in a reservoir that has been or is being used for an enhanced oil or gas recovery project; or
(b) stored in a reservoir that is a part of a storage facility.
(2) The board may charge a fee to cover the costs of making a determination described in Subsection (1).
(3) The division shall deposit a fee collected in accordance with Subsection (2) into the Geologic Carbon Storage Facility Administrative Fund created in Section 40-11-21.
Enacted by Chapter 62, 2022 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 11 - Geologic Carbon Storage › Section 21 - Fees -- Geologic Carbon Storage Facility Administrative Fund.

Effective 5/4/2022
40-11-21.
Fees -- Geologic Carbon Storage Facility Administrative Fund.
(1) There is levied a fee per ton of carbon dioxide injected into a reservoir.
(2) The board shall establish the fee described in Subsection (1) in accordance with Section 63J-1-504, in an amount to pay the costs to the division of the regulation of storage facility:
(a) construction;
(b) operation; and
(c) pre-closure activities.
(3) Money the board collects in accordance with this section shall be deposited into the Geologic Carbon Storage Facility Administrative Fund created in Subsection (4).
(4) There is created an expendable special revenue fund known as the "Geologic Carbon Storage Facility Administrative Fund."
(5) The fund shall consist of the money specified in Subsections (1) through (3), Section 40-11-20, and interest earned on the fund.
(6) The division shall only use the money deposited into the Geologic Carbon Storage Facility Administrative Fund to:
(a) defray the division's regulatory expenses incurred during the regulation of storage facility:
(i) construction;
(ii) operation; and
(iii) pre-closure activities;
(b) make determinations in accordance with Section 40-11-20; and
(c) reimburse a regulatory agency with whom the board has entered into a cooperative agreement described in Section 40-11-18 for expenses the cooperating agency incurs in conducting the activities described in Subsections (6)(a) and (b).
Enacted by Chapter 62, 2022 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 11 - Geologic Carbon Storage › Section 22 - Fees -- Geologic Carbon Storage Facility Trust Fund.

Effective 5/4/2022
40-11-22.
Fees -- Geologic Carbon Storage Facility Trust Fund.
(1) There is levied a fee per ton of carbon dioxide injected into a storage facility.
(2) The board shall establish the fee described in Subsection (1) in accordance with Section 63J-1-504, in an amount to pay the costs to the division of the long-term monitoring and management of a closed storage facility.
(3) Money the division collects as a result of the fee described in Subsection (1) shall be deposited in the Geologic Carbon Storage Facility Trust Fund created in Subsection (4).
(4) There is created an expendable special revenue fund known as the "Geologic Carbon Storage Facility Trust Fund."
(5) The fund shall consist of the money specified in Subsections (1) through (3) and interest earned on the fund.
(6) The division shall only use the money deposited into the Geologic Carbon Storage Facility Trust Fund to:
(a) defray the expenses the division incurs in the long-term monitoring and management of a closed storage facility; or
(b) to reimburse a regulatory agency with whom the board has entered into a cooperative agreement described in Section 40-11-18 for expenses the cooperating agency incurs in the long-term monitoring and management of a closed storage facility.
Enacted by Chapter 62, 2022 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 1a - Motor Vehicle Act › Part 1 - Administration › Section 104 - Commission powers.

41-1a-104.
Commission powers.
The commission may:
(1) enter into agreements with other jurisdictions:
(a) relating to proportional registration to facilitate administration;
(b) for the exchange of information for audit and enforcement activities; and
(c) for cooperation with other jurisdictions;
(2) confer and advise with the proper officers, officials, and legislative bodies of other jurisdictions to promote agreements under which the registration of vehicles owned in this state is recognized by the other jurisdictions;
(3) make and enforce rules necessary to effectuate this chapter; and
(4) adopt an official seal for the use of the division.
Renumbered and Amended by Chapter 1, 1992 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 1a - Motor Vehicle Act › Part 1 - Administration › Section 105 - Commission to create forms.

41-1a-105.
Commission to create forms.
The commission shall prescribe and provide suitable forms of applications, certificates of title, registration cards, and all other forms necessary to carry out the provisions of this chapter.
Renumbered and Amended by Chapter 1, 1992 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 1a - Motor Vehicle Act › Part 1 - Administration › Section 106 - Division created.

41-1a-106.
Division created.
There is created within the commission the Motor Vehicle Division with the duties and powers provided in Sections 41-1a-107 through 41-1a-119.
Enacted by Chapter 1, 1992 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 1a - Motor Vehicle Act › Part 1 - Administration › Section 107 - Commission, division, and officers to enforce chapter -- Duties.

41-1a-107.
Commission, division, and officers to enforce chapter -- Duties.
The commission and the officers and inspectors of the division designated by the commission, peace officers, and others authorized by the division or by law shall:
(1) enforce the provisions of this chapter and of all other laws regulating the registration of motor vehicles, trailers, or semitrailers; and
(2) inspect any motor vehicle, trailer, or semitrailer of a type required to be registered in any public garage or repair shop or in any place where the motor vehicle, trailer, or semitrailer is held for sale or wrecking, for the purpose of locating and investigating the title and registration of stolen motor vehicles, trailers, and semitrailers.
Renumbered and Amended by Chapter 1, 1992 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 1a - Motor Vehicle Act › Part 1 - Administration › Section 108 - Division inspection of applications for registration, certificate of title, or license plate.

41-1a-108.
Division inspection of applications for registration, certificate of title, or license plate.
(1) The division shall examine and determine the genuineness, regularity, and legality of each application for:
(a) registration of a vehicle;
(b) a certificate of title for a vehicle, vessel, or outboard motor;
(c) license plates; and
(d) any other request lawfully made to the division.
(2) The division may investigate or require additional information on any application or request necessary to implement this chapter.
(3) When the division is satisfied as to the genuineness, regularity, and legality of an application and that the applicant is entitled to register the vehicle and to the issuance of a certificate of title, the division shall register the vehicle, issue a certificate of title and issue license plates.
Renumbered and Amended by Chapter 1, 1992 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 1a - Motor Vehicle Act › Part 1 - Administration › Section 109 - Grounds for division refusing registration or certificate of title.

41-1a-109.
Grounds for division refusing registration or certificate of title.
(1) The division shall refuse registration or issuance of a certificate of title or any transfer of registration upon any of the following grounds:
(a) the application contains any false or fraudulent statement;
(b) the applicant has failed to furnish required information or reasonable additional information requested by the division;
(c) the applicant is not entitled to the issuance of a certificate of title or registration of the vehicle under this chapter;
(d) the division has reasonable grounds to believe that the vehicle is a stolen vehicle or that the granting of registration or the issuance of a certificate of title would constitute a fraud against the rightful owner or other person having a valid lien upon the vehicle;
(e) the registration of the vehicle is suspended or revoked for any reason provided in the motor vehicle laws of this state; or
(f) the required fees have not been paid.
(2) The division shall also refuse registration or any transfer of registration if the vehicle is mechanically unfit or unsafe to be operated or moved upon the highways.
(3) The division shall refuse registration or any transfer of registration of a vehicle upon notification by the Department of Transportation that the vehicle or owner is not in compliance with Title 72, Chapter 9, Motor Carrier Safety Act.
(4) The division may not register a vehicle if the registration of the vehicle is revoked under Subsection 41-1a-110(2) until the applicant provides proof:
(a) of owner's or operator's security in a form allowed under Subsection 41-12a-303.2(2);
(b) of exemption from the owner's or operator's security requirements; or
(c) that the applicant was not an owner of the vehicle at the time of the alleged violation or on the day following the time limit provided after the second notice under Subsection 41-12a-804(2).
Amended by Chapter 138, 2013 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 1a - Motor Vehicle Act › Part 1 - Administration › Section 111 - Cancellation, suspension, or revocation of registration -- Return of registration items.

41-1a-111.
Cancellation, suspension, or revocation of registration -- Return of registration items.
If the division cancels, suspends, or revokes a registration, certificate of title, license plate, or permit under this chapter, the owner or person in possession of it shall immediately return the canceled, suspended, or revoked item to the division.
Renumbered and Amended by Chapter 1, 1992 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 1a - Motor Vehicle Act › Part 1 - Administration › Section 112 - Authority to administer oaths.

41-1a-112.
Authority to administer oaths.
Officers and employees of the division designated by the commission for the purpose of administering the motor vehicle laws may administer oaths and acknowledge signatures and shall do so without fee.
Renumbered and Amended by Chapter 1, 1992 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 1a - Motor Vehicle Act › Part 1 - Administration › Section 113 - Power to summon witnesses and take testimony -- Service of summons -- Witness fees -- Failure to appear.

41-1a-113.
Power to summon witnesses and take testimony -- Service of summons -- Witness fees -- Failure to appear.
(1) The commission and officers of the division designated by the commission may summon witnesses to give testimony under oath or to give written deposition upon any matter under the jurisdiction of the division.
(2) The summons may require the production of relevant books, papers, or records.
(3) Every summons shall be served at least five days before the return date, either by personal service made by any person over 18 years of age or by registered mail, but return acknowledgment is required to prove the latter service.
(4) The fees for the attendance and travel of witnesses are the same as for witnesses before the district court.
(5) Failure to obey a summons served is a class C misdemeanor.
Renumbered and Amended by Chapter 1, 1992 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 1a - Motor Vehicle Act › Part 1 - Administration › Section 114 - Method of giving notice.

41-1a-114.
Method of giving notice.
(1) If the division is required to give any notice under this chapter or other law regulating the operation of vehicles, vessels, and outboard motors, unless a different method of giving the notice is expressly prescribed, the notice shall be given either by:
(a) personal delivery to the person to be notified; or
(b) deposit in the United States mail of the notice in an envelope with postage prepaid, addressed to the person at the address shown by the records of the division.
(2) Notice by mail is complete upon the expiration of four days after deposit of the notice.
(3) Proof of the giving of notice in either manner specified in Subsection (1) may be made by the certificate of any officer or employee of the division or affidavit of any person over 18 years of age, naming the person to whom the notice was given and specifying the time, place, and manner of giving the notice.
Renumbered and Amended by Chapter 1, 1992 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 1a - Motor Vehicle Act › Part 1 - Administration › Section 115 - Division records -- Copies.

41-1a-115.
Division records -- Copies.
(1) The division shall file each application received.
(2) The division shall keep a record of each registration on a calendar year basis as follows:
(a) under a distinctive registration number assigned to the vehicle, vessel, or outboard motor;
(b) alphabetically, under the name of the owner of the vehicle, vessel, or outboard motor;
(c) under the identification number of the vehicle, vessel, or outboard motor; and
(d) in any manner the division finds desirable for compiling statistical information or of comparative value for use in determining registration fees in future years.
(3)
(a) The division shall maintain a current record of each certificate of title it issues.
(b)
(i) The division shall file and retain every surrendered certificate of title and every application for title to permit the tracing of title of the vehicles designated in them.
(ii) The retention period for division records shall be set by the Division of Archives and Records Service in accordance with Title 63G, Chapter 2, Government Records Access and Management Act.
(4)
(a) The commission and officers of the division the commission designates may prepare under the seal of the division and deliver upon request a certified copy of any record of the division, including microfilmed records, charging a fee, determined by the commission pursuant to Section 63J-1-504, for each document authenticated.
(b) The application shall include the requested information to identify the applicant.
(c) Each certified copy is admissible in any proceeding in any court in the same manner as the original.
(5) The division shall comply with Title 63G, Chapter 2, Government Records Access and Management Act.
Amended by Chapter 183, 2009 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 1a - Motor Vehicle Act › Part 1 - Administration › Section 117 - Adjudicative proceedings.

41-1a-117.
Adjudicative proceedings.
The commission and the division shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in all adjudicative proceedings conducted under this chapter.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 1a - Motor Vehicle Act › Part 1 - Administration › Section 118 - Seizure of documents and plates -- Grounds -- Receipt.

41-1a-118.
Seizure of documents and plates -- Grounds -- Receipt.
(1) The division and peace officers may take possession of any certificate of title, registration card, registration decal, permit, license plate, or any other article issued by the division:
(a) upon expiration, suspension, revocation, alteration, or cancellation of it;
(b) that is fictitious;
(c) that has been unlawfully or erroneously issued; or
(d) that is unlawfully or erroneously displayed.
(2) A receipt shall be issued for any confiscated item.
Renumbered and Amended by Chapter 1, 1992 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 1a - Motor Vehicle Act › Part 1 - Administration › Section 119 - Emergency procedures for collection of fees.

41-1a-119.
Emergency procedures for collection of fees.
(1) If the commission finds that the owner or operator of a vehicle who is liable for the payment of any registration fee required by this chapter plans to depart quickly from the state, to remove the owner or operator's property from the state, to conceal the owner or operator's person or property, or do any other act tending to prejudice or render wholly or partially ineffectual proceedings to collect the registration fees, the commission shall follow the emergency procedures set forth in Title 63G, Chapter 4, Administrative Procedures Act, and declare that the registration fees are immediately due and payable.
(2) When the commission issues its emergency order, the registration fees are immediately due and payable after notice is given to the owner or operator of the vehicle.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 1a - Motor Vehicle Act › Part 1 - Administration › Section 120 - Participation in Uninsured Motorist Identification Database Program.

41-1a-120.
Participation in Uninsured Motorist Identification Database Program.
(1)
(a) Except as provided in Subsection (1)(b), the division shall provide the Department of Public Safety's designated agent, as defined in Section 41-12a-802, with a record of all current motor vehicle registrations before the seventh and twenty-first day of each calendar month.
(b) The division is not required to provide the Department of Public Safety's designated agent as defined in Section 41-12a-802 a record of current motor vehicle registrations for vehicles that are registered under Section 41-1a-221, 41-1a-222, or 41-1a-301.
(2) The division shall perform the duties specified in:
(a)Title 41, Chapter 12a, Part 8, Uninsured Motorist Identification Database Program; and
(b) Sections 41-1a-109 and 41-1a-110.
(3) The division shall cooperate with the Department of Public Safety in making rules and developing procedures to use the Uninsured Motorist Identification Database.
Amended by Chapter 130, 2006 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 1a - Motor Vehicle Act › Part 1 - Administration › Section 121 - Electronic Payment Fee Restricted Account.

Effective 7/1/2018
41-1a-121.
Electronic Payment Fee Restricted Account.
(1) As used in this section, "account" means the Electronic Payment Fee Restricted Account created by this section.
(2) There is created within the General Fund a restricted account known as the Electronic Payment Fee Restricted Account.
(3)
(a) The account shall be funded from the fees imposed and collected under Sections 41-1a-1221, 41-3-604, 41-22-36, and 73-18-25.
(b) The fees described in Subsection (3)(a) shall be paid to the division, which shall deposit them in the account.
(4) The Legislature shall appropriate the funds in the account to the commission to cover the costs of electronic payments.
(5) In accordance with Section 63J-1-602.1, appropriations made to the division from the account are nonlapsing.
Amended by Chapter 469, 2018 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 1a - Motor Vehicle Act › Part 1 - Administration › Section 122 - License Plate Restricted Account.

Effective 1/1/2024
41-1a-122.
License Plate Restricted Account.
(1) As used in this section, "account" means the License Plate Restricted Account created by this section.
(2) There is created within the General Fund a restricted account known as the License Plate Restricted Account.
(3)
(a) The account shall be funded from the fees described in Subsection 41-1a-1201(3).
(b) The fees described in Subsection (3)(a) shall be paid to the division, which shall deposit them in the account.
(4) The Legislature shall appropriate the funds in the account to the commission to cover the costs of issuing license plates and decals.
(5) In accordance with Section 63J-1-602.1, appropriations made to the division from the account are nonlapsing.
Enacted by Chapter 33, 2023 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 1a - Motor Vehicle Act › Part 1 - Administration › Section 123 - License Plate Restricted Account.

Effective 7/1/2023
41-1a-123.
License Plate Restricted Account.
(1) As used in this section, "account" means the License Plate Restricted Account created in Subsection (2).
(2) There is created within the General Fund a restricted account known as the "License Plate Restricted Account."
(3) The account consists of money deposited into the account in accordance with Subsection 41-1a-1201(3).
(4) The Legislature shall appropriate funds in the account to the commission for the costs of issuing license plates and decals.
(5) In accordance with Section 63J-1-602.1, appropriations made to the division from the account are nonlapsing.
Enacted by Chapter 212, 2023 General Session
Technically renumbered to avoid duplication of newly enacted Chapter also in HB 26, Chapter 33.
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 1a - Motor Vehicle Act › Part 2 - Registration › Section 201 - Function of registration -- Registration required -- Penalty.

Effective 5/3/2023
41-1a-201.
Function of registration -- Registration required -- Penalty.
(1) Unless exempted, a person or automated driving system may not operate and an owner may not engage an automated driving system, give another person permission to engage an automated driving system, or give another person permission to operate a motor vehicle, combination of vehicles, trailer, semitrailer, vintage vehicle, restored-modified vehicle, off-highway vehicle, vessel, or park model recreational vehicle in this state unless it has been registered in accordance with this chapter, Title 41, Chapter 22, Off-highway Vehicles, or Title 73, Chapter 18, State Boating Act.
(2) Subject to Subsection 53-8-209(3), a violation of this section is an infraction.
(3)
(a) In the event that materials are temporarily unavailable for registration items required under Section 41-1a-402, the commission may delay initial vehicle registration or renewal of vehicle registrations.
(b) In a circumstance described in Subsection (3)(a), a person does not violate Subsection (1) for failure to register a vehicle during a delay period described in Subsection (3)(a).
Amended by Chapter 532, 2023 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 1a - Motor Vehicle Act › Part 2 - Registration › Section 203 - Prerequisites for registration, transfer of ownership, or registration renewal.

Effective 3/11/2021
41-1a-203.
Prerequisites for registration, transfer of ownership, or registration renewal.
(1)
(a)
(i) Except as provided in Subsection (1)(b), the division shall mail a notification to the owner of a vehicle at least 30 days before the date the vehicle's registration is due to expire.
(ii) The division shall ensure that mailing of notifications described in Section (1)(a)(i) begins as soon as practicable.
(b)
(i) The division shall provide a process for a vehicle owner to choose to receive electronic notification of the pending expiration of a vehicle's registration.
(ii) If a vehicle owner chooses electronic notification, the division shall notify by email the owner of a vehicle at least 30 days before the date the vehicle's registration is due to expire.
(2) Except as otherwise provided, before registration of a vehicle, an owner shall:
(a) obtain an identification number inspection under Section 41-1a-204;
(b) obtain a certificate of emissions inspection, if required in the current year, as provided under Section 41-6a-1642;
(c) pay property taxes, the in lieu fee, or receive a property tax clearance under Section 41-1a-206 or 41-1a-207;
(d) pay the automobile driver education tax required by Section 41-1a-208;
(e) pay the applicable registration fee under Part 12, Fee and Tax Requirements;
(f) pay the uninsured motorist identification fee under Section 41-1a-1218, if applicable;
(g) pay the motor carrier fee under Section 41-1a-1219, if applicable;
(h) pay any applicable local emissions compliance fee under Section 41-1a-1223; and
(i) pay the taxes applicable under Title 59, Chapter 12, Sales and Use Tax Act.
(3) In addition to the requirements in Subsection (1), an owner of a vehicle that has not been previously registered or that is currently registered under a previous owner's name shall apply for a valid certificate of title in the owner's name before registration.
(4) The division may not issue a new registration, transfer of ownership, or registration renewal under Section 73-18-7 for a vessel or outboard motor that is subject to this chapter unless a certificate of title has been or is in the process of being issued in the same owner's name.
(5) The division may not issue a new registration, transfer of ownership, or registration renewal under Section 41-22-3 for an off-highway vehicle that is subject to this chapter unless a certificate of title has been or is in the process of being issued in the same owner's name.
(6) The division may not issue a registration renewal for a motor vehicle if the division has received a hold request for the motor vehicle for which a registration renewal has been requested as described in:
(a) Section 72-1-213.1; or
(b) Section 72-6-118.
Amended by Chapter 59, 2021 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 1a - Motor Vehicle Act › Part 2 - Registration › Section 204 - Identification number inspection.

Effective 1/1/2015
41-1a-204.
Identification number inspection.
(1) An application for first registration in this state of any vehicle may not be accepted by the division unless the identification number of that vehicle, other than new vehicles sold by dealers licensed in this state, has been inspected by a qualified identification number inspector under Part 8, Identification Numbers.
(2) A park model recreational vehicle is exempt from this section.
Amended by Chapter 237, 2014 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 1a - Motor Vehicle Act › Part 2 - Registration › Section 205 - Safety inspection certificate required for commercial motor vehicles and initial registration of street-legal ATVs and salvage vehicles.

Effective 1/1/2018
41-1a-205.
Safety inspection certificate required for commercial motor vehicles and initial registration of street-legal ATVs and salvage vehicles.
(1) A street-legal all-terrain vehicle registered in accordance with Section 41-6a-1509 is subject to a safety inspection the first time that a person registers an off-highway vehicle as a street-legal all-terrain vehicle.
(2) A salvage vehicle as defined in Section 41-1a-1001 is subject to a safety inspection when the owner makes the initial application to register the vehicle as a salvage vehicle.
(3) A safety inspection certificate shall be displayed on:
(a) all registered commercial vehicles as defined in Section 72-9-102;
(b) a motor vehicle with three or more axles, pulling a trailer, or pulling a trailer with multiple axles;
(c) a combination unit;
(d) a bus or van for hire;
(e) a taxicab; and
(f) a motor vehicle operated by a ground transportation service provider as defined in Section 72-10-601.
(4) Subject to Subsection 53-8-209(3), a violation of this section is an infraction.
Amended by Chapter 149, 2017 General Session
Amended by Chapter 406, 2017 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 1a - Motor Vehicle Act › Part 2 - Registration › Section 206 - Payment of property taxes or in lieu fees before registration.

41-1a-206.
Payment of property taxes or in lieu fees before registration.
(1) Except as provided in Subsection (2), the division before issuing any registration shall require from every applicant for the registration a certificate from the county assessor in which the vehicle has situs for taxation that:
(a) the property tax or in lieu fee on the vehicle for the current registration period has been paid;
(b) in the assessor's opinion the tax or in lieu fee is a lien on real property sufficient to secure the payment of the tax; or
(c) the vehicle is exempt by law from payment of property tax or the in lieu fee for the current registration period.
(2) The requirements of Subsection (1) do not apply to the registration of ambulances, peace officer patrol vehicles, fire engines, passenger cars and trucks owned and used by the United States government or by the state of Utah or by any of its political subdivisions, and motor vehicles assessed by the commission under Section 59-2-201.
Amended by Chapter 164, 2006 General Session