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H.B. 221
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7 LONG TITLE
8 General Description:
9 This bill prohibits a self-service car wash that uses a time-based charging system from
10 charging more than $20 per financial transaction card authorization.
11 Highlighted Provisions:
12 This bill:
13 . defines terms; and
14 . provides that a self-service car wash that charges a person to clean a passenger
15 vehicle using a time-based charging system may not charge more than $20 per
16 financial transaction card authorization.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 ENACTS:
23 13-50-101, Utah Code Annotated 1953
24 13-50-102, Utah Code Annotated 1953
25 13-50-201, Utah Code Annotated 1953
26 13-50-202, Utah Code Annotated 1953
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28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 13-50-101 is enacted to read:
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32 13-50-101. Title.
33 (1) This chapter is known as the "Car Wash Act."
34 (2) This part is known as "General Provisions."
35 Section 2. Section 13-50-102 is enacted to read:
36 13-50-102. Definitions.
37 As used in this chapter:
38 (1) "Authorization" means that a person authorizes a charge to be made on a financial
39 transaction card by swiping the card, entering the card's number, or taking other action to make
40 payment.
41 (2) "Car wash" means a business that charges a person to clean a vehicle, unless more
42 than 50% of the profits of the business come from cleaning commercial vehicles.
43 (3) "Commercial vehicle" means a vehicle or combination of vehicles designed or used
44 to transport passengers or property, if the vehicle:
45 (a) has a gross vehicle weight rating of 26,001 or more pounds or a lesser rating as
46 determined by federal regulation; or
47 (b) is designed to transport 16 or more passengers, including the driver.
48 (4) "Financial transaction card" is as defined in Section 13-38-101 .
49 (5) "Self-service car wash" means a car wash where a person, other than an employee
50 or agent of the car wash, performs the majority of the work to clean the vehicle.
51 (6) (a) "Time-based charging system" means a payment system that:
52 (i) requires a person to pay with a financial transaction card before using equipment or
53 supplies;
54 (ii) keeps track of the amount of time that a person uses the equipment or supplies;
55 (iii) calculates the charge for using the equipment or supplies based on the amount of
56 time that the person uses the equipment or supplies; and
57 (iv) continues to assess charges until:
58 (A) a person takes action to stop charges from accruing;
59 (B) a programmed time limit is reached; or
60 (C) a programmed charge amount is reached.
61 (b) "Time-based charging system" does not include a payment system where a person
62 purchases a fixed amount of time to use equipment or supplies, if the person knows the amount
63 of time, and the amount that will be charged, before the person pays with a financial transaction
64 card.
65 (7) (a) "Vehicle" means a self-propelled device designed or used to transport a person
66 or property.
67 (b) "Vehicle" does not include:
68 (i) a device used exclusively on stationary rails or tracks; or
69 (ii) an aircraft.
70 Section 3. Section 13-50-201 is enacted to read:
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72 13-50-201. Title.
73 This part is known as "Self-service Car Wash."
74 Section 4. Section 13-50-202 is enacted to read:
75 13-50-202. Limitation on time-based charging system.
76 A self-service car wash that charges a person to clean a vehicle, using a time-based
77 charging system, may not charge more than $20 per authorization.
Legislative Review Note
as of 1-17-13 11:49 AM