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S.B. 214
This document includes Senate Committee Amendments incorporated into the bill on Mon, Feb 14, 2011 at 4:48 PM by rday. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Wed, Feb 23, 2011 at 4:12 PM by rday. --> 1
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7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to motor vehicle rental companies.
10 Highlighted Provisions:
11 This bill:
12 . provides definitions;
13 . provides that a motor vehicle rental company may include separately stated
14 surcharges, fees, or charges in a rental agreement, including motor vehicle license
15 cost recovery fees, airport access fees, airport concession fees, and all applicable
16 taxes;
17 . provides that if a motor vehicle rental company includes a motor vehicle license
18 cost recovery fee as a separately stated charge in a rental transaction, the amount of
19 the fee shall represent the motor vehicle rental company's good-faith estimate of the
20 motor vehicle rental company's daily charge as calculated by the motor vehicle
21 rental company to recover certain costs;
22 . provides that if the total amount of the motor vehicle license cost recovery fees
23 collected by a motor vehicle rental company under this section in any calendar year
24 exceeds certain costs for that calendar year, the motor vehicle rental company shall
25 retain the excess amount and adjust the estimated average per vehicle fee for the
26 following calendar year by the corresponding amount; and
27 . makes technical changes.
Senate 2nd Reading Amendments 2-23-2011 rd/sch
Senate Committee Amendments 2-14-2011 rd/sch
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Money Appropriated in this Bill:28
29 None
30 Other Special Clauses:
31 None
32 Utah Code Sections Affected:
33 ENACTS:
34 13-48-101, Utah Code Annotated 1953
35 13-48-102, Utah Code Annotated 1953
36 13-48-103, Utah Code Annotated 1953
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38 Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 13-48-101 is enacted to read:
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41 13-48-101. Title.
42 This part is known as the "Motor Vehicle Rental Company Disclosure Act."
43 Section 2. Section 13-48-102 is enacted to read:
44 13-48-102. Definitions.
45 As used in this section:
46 (1) "Motor vehicle license cost recovery fee" means a fee or charge that may be
47 separately stated and charged on the short-term motor vehicle lease or rental contract in a
48 motor vehicle lease or rental transaction originating in this state to recover the costs incurred by
49 a motor vehicle rental company to license, title, register, obtain license plates for, and inspect
50 rental motor vehicles.
51 (2) "Motor vehicle rental company" means any person or organization in the business
52 of renting motor vehicles to the public.
53 Section 3. Section 13-48-103 is enacted to read:
54 13-48-103. Motor vehicle rental company.
55 (1) A motor vehicle rental company may include separately stated surcharges, fees, or
56 charges in a rental agreement, including S. [
57 (a) motor vehicle license cost recovery fees;
58 (b) airport access fees;
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60 (d) all applicable taxes.
61 (2) If a motor vehicle rental company includes a motor vehicle license cost recovery
62 fee as a separately stated charge in a rental transaction, the amount of the fee shall represent the
63 motor vehicle rental company's good-faith estimate of the motor vehicle rental company's daily
64 charge as calculated by the motor vehicle rental company to recover its actual total annual
65 motor vehicle titling, registration, obtaining license plates, and motor vehicle inspection and
66 emission costs.
67 (3) If the total amount of the motor vehicle license cost recovery fees collected by a
68 motor vehicle rental company under this section in any calendar year exceeds the motor vehicle
69 rental company's actual costs to license, title, register, and obtain license plates for the motor
70 vehicles and have the motor vehicles pass inspections and emissions for that calender year, the
71 motor vehicle rental company shall retain the excess amount and adjust the estimated average
72 per motor vehicle license cost recovery fee for the following calendar year by the
73 corresponding amount.
Legislative Review Note
as of 2-9-11 10:16 AM