First Substitute H.B. 199
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7 LONG TITLE
8 General Description:
9 This bill modifies the provisions to address the treatment of park model recreational
10 vehicles.
11 Highlighted Provisions:
12 This bill:
13 . modifies the definition provision to address park model recreational vehicles;
14 . requires park model recreational vehicles to be registered and to obtain a decal;
15 . provides for fees;
16 . addresses titling requirements;
17 . exempts park model recreation vehicles from certain statutory requirements;
18 . exempts park model recreation vehicles from definition of motor vehicles for
19 purposes of dealership regulation;
20 . addresses the uniform statewide fee; and
21 . makes technical changes.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 This bill takes effect on January 1, 2015.
26 Utah Code Sections Affected:
27 AMENDS:
28 41-1a-102 , as last amended by Laws of Utah 2013, Chapter 266
29 41-1a-201 , as enacted by Laws of Utah 1992, Chapter 1 and last amended by Laws of
30 Utah 1992, Chapter 218
31 41-1a-204 , as renumbered and amended by Laws of Utah 1992, Chapter 1
32 41-1a-229 , as enacted by Laws of Utah 1992, Chapter 1 and last amended by Laws of
33 Utah 1992, Chapter 54
34 41-1a-301 , as last amended by Laws of Utah 2009, Chapter 183
35 41-1a-401 , as renumbered and amended by Laws of Utah 1992, Chapter 1
36 41-1a-1206 , as last amended by Laws of Utah 2012, Chapters 356, 356, 397 and last
37 amended by Coordination Clause, Laws of Utah 2012, Chapter 397
38 41-1a-1212 , as last amended by Laws of Utah 2009, Chapter 183
39 41-3-102 , as last amended by Laws of Utah 2010, Chapter 393
40 59-2-405.2 , as last amended by Laws of Utah 2012, Chapter 397
41 ENACTS:
42 41-1a-506.1 , Utah Code Annotated 1953
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44 Be it enacted by the Legislature of the state of Utah:
45 Section 1. Section 41-1a-102 is amended to read:
46 41-1a-102. Definitions.
47 As used in this chapter:
48 (1) "Actual miles" means the actual distance a vehicle has traveled while in operation.
49 (2) "Actual weight" means the actual unladen weight of a vehicle or combination of
50 vehicles as operated and certified to by a weighmaster.
51 (3) "All-terrain type I vehicle" has the same meaning provided in Section 41-22-2 .
52 (4) "All-terrain type II vehicle" has the same meaning provided in Section 41-22-2 .
53 (5) "Amateur radio operator" means any person licensed by the Federal
54 Communications Commission to engage in private and experimental two-way radio operation
55 on the amateur band radio frequencies.
56 (6) "Branded title" means a title certificate that is labeled:
57 (a) rebuilt and restored to operation;
58 (b) flooded and restored to operation; or
59 (c) not restored to operation.
60 (7) "Camper" means any structure designed, used, and maintained primarily to be
61 mounted on or affixed to a motor vehicle that contains a floor and is designed to provide a
62 mobile dwelling, sleeping place, commercial space, or facilities for human habitation or for
63 camping.
64 (8) "Certificate of title" means a document issued by a jurisdiction to establish a record
65 of ownership between an identified owner and the described vehicle, vessel, or outboard motor.
66 (9) "Certified scale weigh ticket" means a weigh ticket that has been issued by a
67 weighmaster.
68 (10) "Commercial vehicle" means a motor vehicle, trailer, or semitrailer used or
69 maintained for the transportation of persons or property that operates:
70 (a) as a carrier for hire, compensation, or profit; or
71 (b) as a carrier to transport the vehicle owner's goods or property in furtherance of the
72 owner's commercial enterprise.
73 (11) "Commission" means the State Tax Commission.
74 (12) "Dealer" means a person engaged or licensed to engage in the business of buying,
75 selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on
76 conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established
77 place of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors.
78 (13) "Division" means the Motor Vehicle Division of the commission, created in
79 Section 41-1a-106 .
80 (14) "Essential parts" means all integral and body parts of a vehicle of a type required
81 to be registered in this state, the removal, alteration, or substitution of which would tend to
82 conceal the identity of the vehicle or substantially alter its appearance, model, type, or mode of
83 operation.
84 (15) "Farm tractor" means every motor vehicle designed and used primarily as a farm
85 implement for drawing plows, mowing machines, and other implements of husbandry.
86 (16) (a) "Farm truck" means a truck used by the owner or operator of a farm solely for
87 his own use in the transportation of:
88 (i) farm products, including livestock and its products, poultry and its products,
89 floricultural and horticultural products;
90 (ii) farm supplies, including tile, fence, and every other thing or commodity used in
91 agricultural, floricultural, horticultural, livestock, and poultry production; and
92 (iii) livestock, poultry, and other animals and things used for breeding, feeding, or
93 other purposes connected with the operation of a farm.
94 (b) "Farm truck" does not include the operation of trucks by commercial processors of
95 agricultural products.
96 (17) "Fleet" means one or more commercial vehicles.
97 (18) "Foreign vehicle" means a vehicle of a type required to be registered, brought into
98 this state from another state, territory, or country other than in the ordinary course of business
99 by or through a manufacturer or dealer, and not registered in this state.
100 (19) "Gross laden weight" means the actual weight of a vehicle or combination of
101 vehicles, equipped for operation, to which shall be added the maximum load to be carried.
102 (20) "Highway" or "street" means the entire width between property lines of every way
103 or place of whatever nature when any part of it is open to the public, as a matter of right, for
104 purposes of vehicular traffic.
105 (21) (a) "Identification number" means the identifying number assigned by the
106 manufacturer or by the division for the purpose of identifying the vehicle, vessel, or outboard
107 motor.
108 (b) "Identification number" includes a vehicle identification number, state assigned
109 identification number, hull identification number, and motor serial number.
110 (22) "Implement of husbandry" means every vehicle designed or adapted and used
111 exclusively for an agricultural operation and only incidentally operated or moved upon the
112 highways.
113 (23) (a) "In-state miles" means the total number of miles operated in this state during
114 the preceding year by fleet power units.
115 (b) If fleets are composed entirely of trailers or semitrailers, "in-state miles" means the
116 total number of miles that those vehicles were towed on Utah highways during the preceding
117 year.
118 (24) "Interstate vehicle" means any commercial vehicle operated in more than one
119 state, province, territory, or possession of the United States or foreign country.
120 (25) "Jurisdiction" means a state, district, province, political subdivision, territory, or
121 possession of the United States or any foreign country.
122 (26) "Lienholder" means a person with a security interest in particular property.
123 (27) "Manufactured home" means a transportable factory built housing unit constructed
124 on or after June 15, 1976, according to the Federal Home Construction and Safety Standards
125 Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight body
126 feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more
127 square feet, and which is built on a permanent chassis and designed to be used as a dwelling
128 with or without a permanent foundation when connected to the required utilities, and includes
129 the plumbing, heating, air-conditioning, and electrical systems.
130 (28) "Manufacturer" means a person engaged in the business of constructing,
131 manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or
132 outboard motors for the purpose of sale or trade.
133 (29) "Mobile home" means a transportable factory built housing unit built prior to June
134 15, 1976, in accordance with a state mobile home code which existed prior to the Federal
135 Manufactured Housing and Safety Standards Act (HUD Code).
136 (30) "Motorboat" has the same meaning as provided in Section 73-18-2 .
137 (31) "Motorcycle" means a motor vehicle having a saddle for the use of the rider and
138 designed to travel on not more than three wheels in contact with the ground.
139 (32) (a) "Motor vehicle" means a self-propelled vehicle intended primarily for use and
140 operation on the highways.
141 (b) "Motor vehicle" does not include an off-highway vehicle.
142 (33) (a) "Nonresident" means a person who is not a resident of this state as defined by
143 Section 41-1a-202 , and who does not engage in intrastate business within this state and does
144 not operate in that business any motor vehicle, trailer, or semitrailer within this state.
145 (b) A person who engages in intrastate business within this state and operates in that
146 business any motor vehicle, trailer, or semitrailer in this state or who, even though engaging in
147 interstate commerce, maintains any vehicle in this state as the home station of that vehicle is
148 considered a resident of this state, insofar as that vehicle is concerned in administering this
149 chapter.
150 (34) "Odometer" means a device for measuring and recording the actual distance a
151 vehicle travels while in operation, but does not include any auxiliary odometer designed to be
152 periodically reset.
153 (35) "Off-highway implement of husbandry" has the same meaning as provided in
154 Section 41-22-2 .
155 (36) "Off-highway vehicle" has the same meaning as provided in Section 41-22-2 .
156 (37) "Operate" means to drive or be in actual physical control of a vehicle or to
157 navigate a vessel.
158 (38) "Outboard motor" means a detachable self-contained propulsion unit, excluding
159 fuel supply, used to propel a vessel.
160 (39) (a) "Owner" means a person, other than a lienholder, holding title to a vehicle,
161 vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is subject to a
162 security interest.
163 (b) If a vehicle is the subject of an agreement for the conditional sale or installment
164 sale or mortgage of the vehicle with the right of purchase upon performance of the conditions
165 stated in the agreement and with an immediate right of possession vested in the conditional
166 vendee or mortgagor, or if the vehicle is the subject of a security agreement, then the
167 conditional vendee, mortgagor, or debtor is considered the owner for the purposes of this
168 chapter.
169 (c) If a vehicle is the subject of an agreement to lease, the lessor is considered the
170 owner until the lessee exercises his option to purchase the vehicle.
171 (40) "Park model recreational vehicle" means a unit that:
172 (a) is designed and marketed as temporary living quarters for recreational, camping,
173 travel, or seasonal use;
174 (b) is not permanently affixed to real property for use as a permanent dwelling;
175 (c) requires a special highway movement permit for transit; and
176 (d) is built on a single chassis mounted on wheels with a gross trailer area not
177 exceeding 400 square feet in the setup mode.
178 [
179 combination of letters, numbers, or both as requested by the owner of the vehicle and assigned
180 to the vehicle by the division.
181 [
182 manufactured, remanufactured, or materially altered to provide an open cargo area.
183 (b) "Pickup truck" includes motor vehicles with the open cargo area covered with a
184 camper, camper shell, tarp, removable top, or similar structure.
185 [
186 support the load.
187 [
188 division that is within 16 months immediately preceding the commencement of the registration
189 or license year in which proportional registration is sought. The division in fixing the period
190 shall conform it to the terms, conditions, and requirements of any applicable agreement or
191 arrangement for the proportional registration of vehicles.
192 [
193 vessels are kept and stored and where a charge is made for the storage and keeping of vehicles
194 and vessels.
195 [
196 surrender of ownership documents described in Section 41-1a-503 .
197 [
198 registered in this state that is materially altered from its original construction by the removal,
199 addition, or substitution of essential parts, new or used.
200 [
201 13-14-102 .
202 [
203 operation of a vehicle or vessel on the highways or waters of this state for the time period for
204 which the registration is valid and that is evidence of compliance with the registration
205 requirements of the jurisdiction.
206 [
207 with the completion of all applicable registration criteria.
208 (b) For administration of a multistate agreement for proportional registration the
209 division may prescribe a different 12-month period.
210 [
211 outboard motors to a sound working condition by substituting any inoperative part of the
212 vehicle, vessel, or outboard motor, or by correcting the inoperative part.
213 [
214 (a) a street rod that meets the requirements under Subsection 41-21-1 (1)(a)(i)(B); or
215 (b) a custom vehicle that meets the requirements under Subsection
216 41-6a-1507 (1)(a)(i)(B).
217 [
218 other vehicles and constructed so it does not carry any load either independently or any part of
219 the weight of a vehicle or load that is drawn.
220 [
221 [
222 agreement to secure the payment or performance of an obligation and that is valid against third
223 parties.
224 [
225 carrying persons or property and for being drawn by a motor vehicle and constructed so that
226 some part of its weight and its load rests or is carried by another vehicle.
227 [
228 particular group of people or a license plate authorized and issued by the division in accordance
229 with Section 41-1a-418 .
230 [
231 transportation purposes and that is:
232 (i) 20 years or older from the current year; or
233 (ii) a make or model of motor vehicle recognized by the division director as having
234 unique interest or historic value.
235 (b) In making his determination under Subsection [
236 shall give special consideration to:
237 (i) a make of motor vehicle that is no longer manufactured;
238 (ii) a make or model of motor vehicle produced in limited or token quantities;
239 (iii) a make or model of motor vehicle produced as an experimental vehicle or one
240 designed exclusively for educational purposes or museum display; or
241 (iv) a motor vehicle of any age or make that has not been substantially altered or
242 modified from original specifications of the manufacturer and because of its significance is
243 being collected, preserved, restored, maintained, or operated by a collector or hobbyist as a
244 leisure pursuit.
245 [
246 (i) not designed or used primarily for the transportation of persons or property;
247 (ii) not designed to operate in traffic; and
248 (iii) only incidentally operated or moved over the highways.
249 (b) "Special mobile equipment" includes:
250 (i) farm tractors;
251 (ii) off-road motorized construction or maintenance equipment including backhoes,
252 bulldozers, compactors, graders, loaders, road rollers, tractors, and trenchers; and
253 (iii) ditch-digging apparatus.
254 (c) "Special mobile equipment" does not include a commercial vehicle as defined
255 under Section 72-9-102 .
256 [
257 registered in this state, not originally constructed under a distinctive name, make, model, or
258 type by a generally recognized manufacturer of vehicles, and not materially altered from its
259 original construction.
260 [
261 motor.
262 [
263 jurisdictions during the preceding year by power units.
264 (b) If fleets are composed entirely of trailers or semitrailers, "total fleet miles" means
265 the number of miles that those vehicles were towed on the highways of all jurisdictions during
266 the preceding year.
267 [
268 persons or property and for being drawn by a motor vehicle and constructed so that no part of
269 its weight rests upon the towing vehicle.
270 [
271 conveyed by sale, gift, or any other means except by the creation of a security interest.
272 [
273 sale, gift, or any other means except by creation of a security interest.
274 [
275 vehicle without motive power, designed as a temporary dwelling for travel, recreational, or
276 vacation use that does not require a special highway movement permit when drawn by a
277 self-propelled motor vehicle.
278 [
279 drawing other vehicles and not constructed to carry a load other than a part of the weight of the
280 vehicle and load that is drawn.
281 [
282 park model recreational vehicle, manufactured home, and mobile home.
283 [
284 [
285 [
286 [
287 permitted to weigh vehicles under this chapter.
288 Section 2. Section 41-1a-201 is amended to read:
289 41-1a-201. Function of registration -- Registration required.
290 Unless exempted, a person may not operate and an owner may not give another person
291 permission to operate a motor vehicle, combination of vehicles, trailer, semitrailer, vintage
292 vehicle, off-highway vehicle, [
293 it has been registered in accordance with this chapter, Title 41, Chapter 22, Off-Highway
294 Vehicles, or Title 73, Chapter 18, State Boating Act.
295 Section 3. Section 41-1a-204 is amended to read:
296 41-1a-204. Identification number inspection.
297 (1) An application for first registration in this state of any vehicle may not be accepted
298 by the division unless the identification number of that vehicle, other than new vehicles sold
299 by dealers licensed in this state, has been inspected by a qualified identification number
300 inspector under Part 8, Identification Numbers.
301 (2) A park model recreational vehicle is exempt from this section.
302 Section 4. Section 41-1a-229 is amended to read:
303 41-1a-229. Display of gross laden weight.
304 (1) Each vehicle registered by gross laden weight and exceeding 12,000 pounds of
305 gross laden weight shall have the gross laden weight for which it is registered painted,
306 stenciled, or shown by decal upon both the left and right sides of the vehicle, in a conspicuous
307 place, in letters of a reasonable size as determined by the commission.
308 (2) If vehicles are registered in combination, the gross laden weight for which the
309 combination of vehicles is registered shall be displayed upon the power unit.
310 (3) An owner or operator of a vehicle or combination of vehicles may not display a
311 gross laden weight other than that shown on the certificate of registration of the vehicle.
312 (4) A park model recreational vehicle is exempt from this section.
313 Section 5. Section 41-1a-301 is amended to read:
314 41-1a-301. Apportioned registration and licensing of interstate vehicles.
315 (1) (a) An owner or operator of a fleet of commercial vehicles based in this state and
316 operating in two or more jurisdictions may register commercial vehicles for operation under the
317 International Registration Plan or the Uniform Vehicle Registration Proration and Reciprocity
318 Agreement by filing an application with the division.
319 (b) The application shall include information that identifies the vehicle owner, the
320 vehicle, the miles traveled in each jurisdiction, and other information pertinent to the
321 registration of apportioned vehicles.
322 (c) Vehicles operated exclusively in this state may not be apportioned.
323 (2) (a) If no operations were conducted during the preceding year, the application shall
324 contain a statement of the proposed operations and an estimate of annual mileage for each
325 jurisdiction.
326 (b) The division may adjust the estimate if the division is not satisfied with its
327 correctness.
328 (c) At renewal, the registrant shall use the actual mileage from the preceding year in
329 computing fees due each jurisdiction.
330 (3) The registration fee for apportioned vehicles shall be determined as follows:
331 (a) divide the in-jurisdiction miles by the total miles generated during the preceding
332 year;
333 (b) total the fees for each vehicle based on the fees prescribed in Section 41-1a-1206 ;
334 and
335 (c) multiply the sum obtained under Subsection (3)(b) by the quotient obtained under
336 Subsection (3)(a).
337 (4) Trailers or semitrailers of apportioned fleets may be listed separately as "trailer
338 fleets" with the fees paid according to the total distance those trailers were towed in all
339 jurisdictions during the preceding year mileage reporting period.
340 (5) (a) (i) When the proper fees have been paid and the property tax or in lieu fee has
341 been cleared under Section 41-1a-206 or 41-1a-207 , a registration card, annual decal, and
342 where necessary, license plate, will be issued for each unit listed on the application.
343 (ii) An original registration must be carried in each vehicle at all times.
344 (b) Original registration cards for trailers or semitrailers may be carried in the power
345 unit.
346 (c) (i) In lieu of a permanent registration card or license plate, the division may issue
347 one temporary permit authorizing operation of new or unlicensed vehicles until the permanent
348 registration is completed.
349 (ii) Once a temporary permit is issued, the registration process may not be cancelled.
350 Registration must be completed and the fees and any property tax or in lieu fee due must be
351 paid for the vehicle for which the permit was issued.
352 (iii) Temporary permits may not be issued for renewals.
353 (d) (i) The division shall issue one distinctive license plate that displays the letters APP
354 for apportioned vehicles.
355 (ii) The plate shall be displayed on the front of an apportioned truck tractor or power
356 unit or on the rear of any apportioned vehicle.
357 (iii) Distinctive decals displaying the word "apportioned" and the month and year of
358 expiration shall be issued for each apportioned vehicle.
359 (e) A nonrefundable administrative fee, determined by the commission pursuant to
360 Section 63J-1-504 , shall be charged for each temporary permit, registration, or both.
361 (6) Vehicles that are apportionally registered are fully registered for intrastate and
362 interstate movements, providing the proper interstate and intrastate authority has been secured.
363 (7) (a) Vehicles added to an apportioned fleet after the beginning of the registration
364 year shall be registered by applying the quotient under Subsection (3)(a) for the original
365 application to the fees due for the remainder of the registration year.
366 (b) (i) The owner shall maintain and submit complete annual mileage for each vehicle
367 in each jurisdiction, showing all miles operated by the lessor and lessee.
368 (ii) The fiscal mileage reporting period begins July 1, and continues through June 30 of
369 the year immediately preceding the calendar year in which the registration year begins.
370 (c) (i) An owner-operator, who is a lessor, may be the registrant and the vehicle may be
371 registered in the name of the owner-operator.
372 (ii) The identification plates and registration card shall be the property of the lessor and
373 may reflect both the owner-operator's name and that of the carrier as lessee.
374 (iii) The allocation of fees shall be according to the operational records of the
375 owner-operator.
376 (d) (i) The lessee may be the registrant of a leased vehicle at the option of the lessor.
377 (ii) If a lessee is the registrant of a leased vehicle, both the lessor's and lessee's name
378 shall appear on the registration.
379 (iii) The allocation of fees shall be according to the records of the carrier.
380 (8) (a) Any registrant whose application for apportioned registration has been accepted
381 shall preserve the records on which the application is based for a period of three years after the
382 close of the registration year.
383 (b) The records shall be made available to the division upon request for audit as to
384 accuracy of computations, payments, and assessments for deficiencies, or allowances for
385 credits.
386 (c) An assessment for deficiency or claim for credit may not be made for any period for
387 which records are no longer required.
388 (d) Interest in the amount prescribed by Section 59-1-402 shall be assessed or paid
389 from the date due until paid on deficiencies found due after audit.
390 (e) Registrants with deficiencies are subject to the penalties under Section 59-1-401 .
391 (f) The division may enter into agreements with other International Registration Plan
392 jurisdictions for joint audits.
393 (9) (a) Except as provided in Subsection (9)(b), all state fees collected under this
394 section shall be deposited in the Transportation Fund.
395 (b) The following fees may be used by the commission as a dedicated credit to cover
396 the costs of electronic credentialing as provided in Section 41-1a-303 :
397 (i) $5 of each temporary registration permit fee paid under Subsection (12)(a)(i) for a
398 single unit; and
399 (ii) $10 of each temporary registration permit fee paid under Subsection (12)(a)(ii) for
400 multiple units.
401 (10) If registration is for less than a full year, fees for apportioned registration shall be
402 assessed according to Section 41-1a-1207 .
403 (a) (i) If the registrant is replacing a vehicle for one withdrawn from the fleet and the
404 new vehicle is of the same weight category as the replaced vehicle, the registrant must file a
405 supplemental application.
406 (ii) A registration card that transfers the license plate to the new vehicle shall be issued.
407 (iii) When a replacement vehicle is of greater weight than the replaced vehicle,
408 additional registration fees are due.
409 (b) If a vehicle is withdrawn from an apportioned fleet during the period for which it is
410 registered, the registrant shall notify the division and surrender the registration card and license
411 plate of the withdrawn vehicle.
412 (11) (a) An out-of-state carrier with an apportionally registered vehicle who has not
413 presented a certificate of property tax or in lieu fee as required by Section 41-1a-206 or
414 41-1a-207 , shall pay, at the time of registration, a proportional part of an equalized highway
415 use tax computed as follows:
416 (i) Multiply the number of vehicles or combination vehicles registered in each weight
417 class by the equivalent tax figure from the following tables:
418 |
Vehicle or Combination Registered Weight |
Age of Vehicle |
Equivalent Tax |
|
419 | 12,000 pounds or less | 12 or more years | $10 | |
420 | 12,000 pounds or less | 9 or more years but less than 12 years | $50 | |
421 | 12,000 pounds or less | 6 or more years but less than 9 years | $80 | |
422 | 12,000 pounds or less | 3 or more years but less than 6 years | $110 | |
423 | 12,000 pounds or less | Less than 3 years | $150 |
424 |
Vehicle or Combination Registered Weight |
Equivalent Tax |
||
425 | 12,001 - 18,000 pounds | $150 | ||
426 | 18,001 - 34,000 pounds | 200 | ||
427 | 34,001 - 48,000 pounds | 300 | ||
428 | 48,001 - 64,000 pounds | 450 | ||
429 | 64,001 pounds and over | 600 |
431 (11)(a)(i) by the fraction computed under Subsection (3) for the apportioned fleet for the
432 registration year.
433 (b) Fees shall be assessed as provided in Section 41-1a-1207 .
434 (12) (a) Commercial vehicles meeting the registration requirements of another
435 jurisdiction may, as an alternative to full or apportioned registration, secure a temporary
436 registration permit for a period not to exceed 96 hours or until they leave the state, whichever is
437 less, for a fee of:
438 (i) $25 for a single unit; and
439 (ii) $50 for multiple units.
440 (b) A state temporary permit or registration fee is not required from nonresident owners
441 or operators of vehicles or combination of vehicles having a gross laden weight of 26,000
442 pounds or less for each single unit or combination.
443 (13) A park model recreational vehicle may not be registered under this section.
444 Section 6. Section 41-1a-401 is amended to read:
445 41-1a-401. License plates -- Number of plates -- Reflectorization -- Indicia of
446 registration in lieu of or used with plates.
447 (1) (a) The division upon registering a vehicle shall issue to the owner:
448 (i) one license plate for a motorcycle, trailer, or semitrailer [
449 (ii) one decal for a park model recreational vehicle, in lieu of a license plate, which
450 shall be attached in plain site to the rear of the park model recreational vehicle; and
451 (iii) two identical license plates for every other vehicle.
452 (b) The license plate [
453 particular vehicle registered and may not be removed during the term for which the license
454 plate or decal is issued or used upon any other vehicle than the registered vehicle.
455 (2) The division may receive applications for registration renewal, renew registration,
456 and issue new license plates or decals at any time prior to the expiration of registration.
457 (3) (a) All license plates to be manufactured and issued by the division shall be treated
458 with a fully reflective material on the plate face that provides effective and dependable
459 reflective brightness during the service period of the license plate.
460 (b) The division shall prescribe all license plate material specifications and establish
461 and implement procedures for conforming to the specifications.
462 (c) The specifications for the materials used such as the aluminum plate substrate, the
463 reflective sheeting, and glue shall be drawn in a manner so that at least two manufacturers may
464 qualify as suppliers.
465 (d) The granting of contracts for the materials shall be by public bid.
466 (4) (a) The commission may issue, adopt, and require the use of indicia of registration
467 it considers advisable in lieu of or in conjunction with license plates as provided in this part.
468 (b) All provisions of this part relative to license plates apply to these indicia of
469 registration, so far as the provisions are applicable.
470 Section 7. Section 41-1a-506.1 is enacted to read:
471 41-1a-506.1. Exceptions to title requirements for park model recreational vehicles.
472 (1) A park model recreational vehicle in this state and identified by the manufacturer as
473 a 2015 year model or newer is subject to the titling provisions of this part.
474 (2) The division may provide title to a park model recreational vehicle identified by the
475 manufacturer as a 2014 year model or older if requested by the owner of the park model
476 recreational vehicle.
477 Section 8. Section 41-1a-1206 is amended to read:
478 41-1a-1206. Registration fees -- Fees by gross laden weight.
479 (1) Except as provided in Subsections (2) and (3), at the time application is made for
480 registration or renewal of registration of a vehicle or combination of vehicles under this
481 chapter, a registration fee shall be paid to the division as follows:
482 (a) $44.50 for each motorcycle;
483 (b) $43 for each motor vehicle of 12,000 pounds or less gross laden weight, excluding
484 motorcycles;
485 (c) unless the semitrailer or trailer is exempt from registration under Section 41-1a-202
486 or is registered under Section 41-1a-301 :
487 (i) $31 for each trailer or semitrailer over 750 pounds gross unladen weight; or
488 (ii) $28.50 for each commercial trailer or commercial semitrailer of 750 pounds or less
489 gross unladen weight;
490 (d) (i) $53 for each farm truck over 12,000 pounds, but not exceeding 14,000 pounds
491 gross laden weight; plus
492 (ii) $9 for each 2,000 pounds over 14,000 pounds gross laden weight;
493 (e) (i) $69.50 for each motor vehicle or combination of motor vehicles, excluding farm
494 trucks, over 12,000 pounds, but not exceeding 14,000 pounds gross laden weight; plus
495 (ii) $19 for each 2,000 pounds over 14,000 pounds gross laden weight; and
496 (f) (i) $69.50 for each park model recreational vehicle over 12,000 pounds, but not
497 exceeding 14,000 pounds gross laden weight; plus
498 (ii) $19 for each 2,000 pounds over 14,000 pounds gross laden weight;
499 [
500 (2) At the time application is made for registration or renewal of registration of a
501 vehicle under this chapter for a six-month registration period under Section 41-1a-215.5 , a
502 registration fee shall be paid to the division as follows:
503 (a) $33.50 for each motorcycle; and
504 (b) $32.50 for each motor vehicle of 12,000 pounds or less gross laden weight,
505 excluding motorcycles.
506 (3) (a) The initial registration fee for a vintage vehicle that is 40 years old or older is
507 $40.
508 (b) A vintage vehicle that is 40 years old or older is exempt from the renewal of
509 registration fees under Subsection (1).
510 (c) A vehicle with a Purple Heart special group license plate issued in accordance with
511 Section 41-1a-421 is exempt from the registration fees under Subsection (1).
512 (4) If a motor vehicle is operated in combination with a semitrailer or trailer, each
513 motor vehicle shall register for the total gross laden weight of all units of the combination if the
514 total gross laden weight of the combination exceeds 12,000 pounds.
515 (5) (a) Registration fee categories under this section are based on the gross laden
516 weight declared in the licensee's application for registration.
517 (b) Gross laden weight shall be computed in units of 2,000 pounds. A fractional part
518 of 2,000 pounds is a full unit.
519 (6) The owner of a commercial trailer or commercial semitrailer may, as an alternative
520 to registering under Subsection (1)(c), apply for and obtain a special registration and license
521 plate for a fee of $130.
522 (7) Except as provided in Section 41-6a-1642 , a truck may not be registered as a farm
523 truck unless:
524 (a) the truck meets the definition of a farm truck under Section 41-1a-102 ; and
525 (b) (i) the truck has a gross vehicle weight rating of more than 12,000 pounds; or
526 (ii) the truck has a gross vehicle weight rating of 12,000 pounds or less and the owner
527 submits to the division a certificate of emissions inspection or a waiver in compliance with
528 Section 41-6a-1642 .
529 (8) A violation of Subsection (7) is a class B misdemeanor that shall be punished by a
530 fine of not less than $200.
531 (9) Trucks used exclusively to pump cement, bore wells, or perform crane services
532 with a crane lift capacity of five or more tons, are exempt from 50% of the amount of the fees
533 required for those vehicles under this section.
534 Section 9. Section 41-1a-1212 is amended to read:
535 41-1a-1212. Fee for replacement of license plate decals.
536 A fee established in accordance with Section 63J-1-504 shall be paid to the division for
537 the replacement of a license plate decal required by Section 41-1a-402 or a decal required by
538 Section 41-1a-401 .
539 Section 10. Section 41-3-102 is amended to read:
540 41-3-102. Definitions.
541 As used in this chapter:
542 (1) "Administrator" means the motor vehicle enforcement administrator.
543 (2) "Agent" means a person other than a holder of any dealer's or salesperson's license
544 issued under this chapter, who for salary, commission, or compensation of any kind, negotiates
545 in any way for the sale, purchase, order, or exchange of three or more motor vehicles for any
546 other person in any 12-month period.
547 (3) "Auction" means a dealer engaged in the business of auctioning motor vehicles,
548 either owned or consigned, to the general public.
549 (4) "Board" means the advisory board created in Section 41-3-106 .
550 (5) "Body shop" means a business engaged in rebuilding, restoring, repairing, or
551 painting primarily the body of motor vehicles damaged by collision or natural disaster.
552 (6) "Commission" means the State Tax Commission.
553 (7) "Crusher" means a person who crushes or shreds motor vehicles subject to
554 registration under Title 41, Chapter 1a, Motor Vehicle Act, to reduce the useable materials and
555 metals to a more compact size for recycling.
556 (8) (a) "Dealer" means a person:
557 (i) whose business in whole or in part involves selling new, used, or new and used
558 motor vehicles or off-highway vehicles; and
559 (ii) who sells, displays for sale, or offers for sale or exchange three or more new or
560 used motor vehicles or off-highway vehicles in any 12-month period.
561 (b) "Dealer" includes a representative or consignee of any dealer.
562 (9) (a) "Dismantler" means a person engaged in the business of dismantling motor
563 vehicles subject to registration under Title 41, Chapter 1a, Motor Vehicle Act, for the resale of
564 parts or for salvage.
565 (b) "Dismantler" includes a person who dismantles three or more motor vehicles in any
566 12-month period.
567 (10) "Distributor" means a person who has a franchise from a manufacturer of motor
568 vehicles to distribute motor vehicles within this state and who in whole or in part sells or
569 distributes new motor vehicles to dealers or who maintains distributor representatives.
570 (11) "Distributor branch" means a branch office similarly maintained by a distributor
571 for the same purposes a factory branch is maintained.
572 (12) "Distributor representative" means a person and each officer and employee of the
573 person engaged as a representative of a distributor or distributor branch of motor vehicles to
574 make or promote the sale of the distributor or the distributor branch's motor vehicles, or for
575 supervising or contacting dealers or prospective dealers of the distributor or the distributor
576 branch.
577 (13) "Division" means the Motor Vehicle Enforcement Division created in Section
578 41-3-104 .
579 (14) "Factory branch" means a branch office maintained by a person who manufactures
580 or assembles motor vehicles for sale to distributors, motor vehicle dealers, or who directs or
581 supervises the factory branch's representatives.
582 (15) "Factory representative" means a person and each officer and employee of the
583 person engaged as a representative of a manufacturer of motor vehicles or by a factory branch
584 to make or promote the sale of the manufacturer's or factory branch's motor vehicles, or for
585 supervising or contacting the dealers or prospective dealers of the manufacturer or the factory
586 branch.
587 (16) "Franchise" means a contract or agreement between a dealer and a manufacturer of
588 new motor vehicles or its distributor or factory branch by which the dealer is authorized to sell
589 any specified make or makes of new motor vehicles.
590 (17) "Manufacturer" means a person engaged in the business of constructing or
591 assembling new motor vehicles, ownership of which is customarily transferred by a
592 manufacturer's statement or certificate of origin, or a person who constructs three or more new
593 motor vehicles in any 12-month period.
594 (18) "Motorcycle" has the same meaning as defined in Section 41-1a-102 .
595 (19) (a) "Motor vehicle" means a vehicle that is:
596 (i) self-propelled;
597 (ii) a trailer, travel trailer, or semitrailer; or
598 (iii) an off-highway vehicle or small trailer.
599 (b) "Motor vehicle" does not include:
600 (i) mobile homes as defined in Section 41-1a-102 ;
601 (ii) trailers of 750 pounds or less unladen weight; [
602 (iii) farm tractors and other machines and tools used in the production, harvesting, and
603 care of farm products[
604 (iv) park model recreational vehicles as defined in Section 41-1a-102 .
605 (20) "New motor vehicle" means a motor vehicle that has never been titled or
606 registered and has been driven less than 7,500 miles, unless the motor vehicle is an
607 off-highway vehicle, small trailer, trailer, travel trailer, or semitrailer, in which case the
608 mileage limit does not apply.
609 (21) "Off-highway vehicle" has the same meaning as provided in Section 41-22-2 .
610 (22) "Pawnbroker" means a person whose business is to lend money on security of
611 personal property deposited with him.
612 (23) "Principal place of business" means a site or location in this state:
613 (a) devoted exclusively to the business for which the dealer, manufacturer,
614 remanufacturer, transporter, dismantler, crusher, or body shop is licensed, and businesses
615 incidental to them;
616 (b) sufficiently bounded by fence, chain, posts, or otherwise marked to definitely
617 indicate the boundary and to admit a definite description with space adequate to permit the
618 display of three or more new, or new and used, or used motor vehicles and sufficient parking
619 for the public; and
620 (c) that includes a permanent enclosed building or structure large enough to
621 accommodate the office of the establishment and to provide a safe place to keep the books and
622 other records of the business, at which the principal portion of the business is conducted and
623 the books and records kept and maintained.
624 (24) "Remanufacturer" means a person who reconstructs used motor vehicles subject to
625 registration under Title 41, Chapter 1a, Motor Vehicle Act, to change the body style and
626 appearance of the motor vehicle or who constructs or assembles motor vehicles from used or
627 new and used motor vehicle parts, or who reconstructs, constructs, or assembles three or more
628 motor vehicles in any 12-month period.
629 (25) "Salesperson" means an individual who for a salary, commission, or compensation
630 of any kind, is employed either directly, indirectly, regularly, or occasionally by any new motor
631 vehicle dealer or used motor vehicle dealer to sell, purchase, or exchange or to negotiate for the
632 sale, purchase, or exchange of motor vehicles.
633 (26) "Semitrailer" has the same meaning as defined in Section 41-1a-102 .
634 (27) "Small trailer" means a trailer that has an unladen weight of more than 750
635 pounds, but less than 2,000 pounds.
636 (28) "Special equipment" includes a truck mounted crane, cherry picker, material lift,
637 post hole digger, and a utility or service body.
638 (29) "Special equipment dealer" means a new or new and used motor vehicle dealer
639 engaged in the business of buying new incomplete motor vehicles with a gross vehicle weight
640 of 12,000 or more pounds and installing special equipment on the incomplete motor vehicle.
641 (30) "Trailer" has the same meaning as defined in Section 41-1a-102 .
642 (31) "Transporter" means a person engaged in the business of transporting motor
643 vehicles as described in Section 41-3-202 .
644 (32) "Travel trailer" has the same meaning as provided in Section 41-1a-102 .
645 (33) "Used motor vehicle" means a vehicle that has been titled and registered to a
646 purchaser other than a dealer or has been driven 7,500 or more miles, unless the vehicle is a
647 trailer, or semitrailer, in which case the mileage limit does not apply.
648 (34) "Wholesale motor vehicle auction" means a dealer primarily engaged in the
649 business of auctioning consigned motor vehicles to dealers or dismantlers who are licensed by
650 this or any other jurisdiction.
651 Section 11. Section 59-2-405.2 is amended to read:
652 59-2-405.2. Definitions -- Uniform statewide fee on certain tangible personal
653 property -- Distribution of revenues -- Rulemaking authority -- Determining the length of
654 a vessel.
655 (1) As used in this section:
656 (a) (i) Except as provided in Subsection (1)(a)(ii), "all-terrain vehicle" means a motor
657 vehicle that:
658 (A) is an:
659 (I) all-terrain type I vehicle as defined in Section 41-22-2 ; or
660 (II) all-terrain type II vehicle as defined in Section 41-22-2 ;
661 (B) is required to be registered in accordance with Title 41, Chapter 22, Off-Highway
662 Vehicles; and
663 (C) has:
664 (I) an engine with more than 150 cubic centimeters displacement;
665 (II) a motor that produces more than five horsepower; or
666 (III) an electric motor; and
667 (ii) notwithstanding Subsection (1)(a)(i), "all-terrain vehicle" does not include a
668 snowmobile.
669 (b) "Camper" means a camper:
670 (i) as defined in Section 41-1a-102 ; and
671 (ii) that is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
672 Registration.
673 (c) (i) "Canoe" means a vessel that:
674 (A) is long and narrow;
675 (B) has curved sides; and
676 (C) is tapered:
677 (I) to two pointed ends; or
678 (II) to one pointed end and is blunt on the other end; and
679 (ii) "canoe" includes:
680 (A) a collapsible inflatable canoe;
681 (B) a kayak;
682 (C) a racing shell;
683 (D) a rowing scull; or
684 (E) notwithstanding the definition of vessel in Subsection (1)[
685 an outboard motor.
686 (d) "Dealer" is as defined in Section 41-1a-102 .
687 (e) "Jon boat" means a vessel that:
688 (i) has a square bow; and
689 (ii) has a flat bottom.
690 (f) "Motor vehicle" is as defined in Section 41-22-2 .
691 (g) "Other motorcycle" means a motor vehicle that:
692 (i) is:
693 (A) a motorcycle as defined in Section 41-1a-102 ; and
694 (B) designed primarily for use and operation over unimproved terrain;
695 (ii) is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
696 Registration; and
697 (iii) has:
698 (A) an engine with more than 150 cubic centimeters displacement; or
699 (B) a motor that produces more than five horsepower.
700 (h) (i) "Other trailer" means a portable vehicle without motive power that is primarily
701 used:
702 (A) to transport tangible personal property; and
703 (B) for a purpose other than a commercial purpose; and
704 (ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
705 purposes of Subsection (1)(h)(i)(B), the commission may by rule define what constitutes a
706 purpose other than a commercial purpose.
707 (i) "Outboard motor" is as defined in Section 41-1a-102 .
708 (j) "Park model recreational vehicle" is as defined in Section 41-1a-102 .
709 [
710 (i) as defined in Section 73-18-2 ; and
711 (ii) that is required to be registered in accordance with Title 73, Chapter 18, State
712 Boating Act.
713 [
714 (A) is:
715 (I) supported by one or more floats; and
716 (II) propelled by either inboard or outboard power; and
717 (B) is not:
718 (I) a houseboat; or
719 (II) a collapsible inflatable vessel; and
720 (ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
721 commission may by rule define the term "houseboat."
722 [
723 exemption, or reduction:
724 (i) of all or a portion of a qualifying payment;
725 (ii) granted by a county during the refund period; and
726 (iii) received by a qualifying person.
727 [
728 (A) of a uniform statewide fee in accordance with this section:
729 (I) by a qualifying person;
730 (II) to a county; and
731 (III) during the refund period; and
732 (B) on an item of qualifying tangible personal property; and
733 (ii) if a qualifying person received a qualifying adjustment, exemption, or reduction for
734 an item of qualifying tangible personal property, the qualifying payment for that qualifying
735 tangible personal property is equal to the difference between:
736 (A) the payment described in this Subsection (1)[
737 tangible personal property; and
738 (B) the amount of the qualifying adjustment, exemption, or reduction.
739 [
740 (i) during the refund period;
741 (ii) in accordance with this section; and
742 (iii) on an item of qualifying tangible personal property.
743 [
744 (i) qualifying vehicle; or
745 (ii) qualifying watercraft.
746 [
747 (i) an all-terrain vehicle with an engine displacement that is 100 or more cubic
748 centimeters but 150 or less cubic centimeters;
749 (ii) an other motorcycle with an engine displacement that is 100 or more cubic
750 centimeters but 150 or less cubic centimeters;
751 (iii) a small motor vehicle with an engine displacement that is 100 or more cubic
752 centimeters but 150 or less cubic centimeters;
753 (iv) a snowmobile with an engine displacement that is 100 or more cubic centimeters
754 but 150 or less cubic centimeters; or
755 (v) a street motorcycle with an engine displacement that is 100 or more cubic
756 centimeters but 150 or less cubic centimeters.
757 [
758 (i) canoe;
759 (ii) collapsible inflatable vessel;
760 (iii) jon boat;
761 (iv) pontoon;
762 (v) sailboat; or
763 (vi) utility boat.
764 [
765 (i) beginning on January 1, 2006; and
766 (ii) ending on December 29, 2006.
767 [
768 [
769 (A) is required to be registered in accordance with Title 41, Motor Vehicles; and
770 (B) has:
771 (I) an engine with 150 or less cubic centimeters displacement; or
772 (II) a motor that produces five or less horsepower; and
773 (ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
774 commission may by rule develop a process for an owner of a motor vehicle to certify whether
775 the motor vehicle has:
776 (A) an engine with 150 or less cubic centimeters displacement; or
777 (B) a motor that produces five or less horsepower.
778 [
779 (i) is a snowmobile as defined in Section 41-22-2 ;
780 (ii) is required to be registered in accordance with Title 41, Chapter 22, Off-Highway
781 Vehicles; and
782 (iii) has:
783 (A) an engine with more than 150 cubic centimeters displacement; or
784 (B) a motor that produces more than five horsepower.
785 [
786 (i) is:
787 (A) a motorcycle as defined in Section 41-1a-102 ; and
788 (B) designed primarily for use and operation on highways;
789 (ii) is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
790 Registration; and
791 (iii) has:
792 (A) an engine with more than 150 cubic centimeters displacement; or
793 (B) a motor that produces more than five horsepower.
794 [
795 qualifying tangible personal property.
796 [
797 (i) is constructed with collapsible side walls that:
798 (A) fold for towing by a motor vehicle; and
799 (B) unfold at a campsite;
800 (ii) is designed as a temporary dwelling for travel, recreational, or vacation use;
801 (iii) is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
802 Registration; and
803 (iv) does not require a special highway movement permit when drawn by a
804 self-propelled motor vehicle.
805 [
806 travel trailer:
807 (A) as defined in Section 41-1a-102 ; and
808 (B) that is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
809 Registration; and
810 (ii) notwithstanding Subsection (1)[
811 (A) a camper; or
812 (B) a tent trailer.
813 [
814 (A) has:
815 (I) two or three bench seating;
816 (II) an outboard motor; and
817 (III) a hull made of aluminum, fiberglass, or wood; and
818 (B) does not have:
819 (I) decking;
820 (II) a permanent canopy; or
821 (III) a floor other than the hull; and
822 (ii) notwithstanding Subsection (1)[
823 collapsible inflatable vessel.
824 [
825 (i) as defined in Section 73-18-2 , including an outboard motor of the vessel; and
826 (ii) that is required to be registered in accordance with Title 73, Chapter 18, State
827 Boating Act.
828 (2) (a) In accordance with Utah Constitution Article XIII, Section 2, Subsection (6),
829 beginning on January 1, 2006, the tangible personal property described in Subsection (2)(b) is:
830 (i) exempt from the tax imposed by Section 59-2-103 ; and
831 (ii) in lieu of the tax imposed by Section 59-2-103 , subject to uniform statewide fees as
832 provided in this section.
833 (b) The following tangible personal property applies to Subsection (2)(a) if that
834 tangible personal property is required to be registered with the state:
835 (i) an all-terrain vehicle;
836 (ii) a camper;
837 (iii) an other motorcycle;
838 (iv) an other trailer;
839 (v) a personal watercraft;
840 (vi) a small motor vehicle;
841 (vii) a snowmobile;
842 (viii) a street motorcycle;
843 (ix) a tent trailer;
844 (x) a travel trailer; [
845 (xi) a park model recreational vehicle; and
846 [
847 Subsection (6).
848 (3) Except as provided in Subsection (4) and for purposes of this section, the uniform
849 statewide fees are:
850 (a) for an all-terrain vehicle, an other motorcycle, or a snowmobile:
851 | Age of All-Terrain Vehicle, Other Motorcycle, or Snowmobile | Uniform Statewide Fee | |
852 | 12 or more years | $10 | |
853 | 9 or more years but less than 12 years | $20 | |
854 | 6 or more years but less than 9 years | $30 | |
855 | 3 or more years but less than 6 years | $35 | |
856 | Less than 3 years | $45 |
858 | Age of Camper or Tent Trailer | Uniform Statewide Fee | |
859 | 12 or more years | $10 | |
860 | 9 or more years but less than 12 years | $25 | |
861 | 6 or more years but less than 9 years | $35 | |
862 | 3 or more years but less than 6 years | $50 | |
863 | Less than 3 years | $70 |
865 | Age of Other Trailer | Uniform Statewide Fee | |
866 | 12 or more years | $10 | |
867 | 9 or more years but less than 12 years | $15 | |
868 | 6 or more years but less than 9 years | $20 | |
869 | 3 or more years but less than 6 years | $25 | |
870 | Less than 3 years | $30 |
872 | Age of Personal Watercraft | Uniform Statewide Fee | |
873 | 12 or more years | $10 | |
874 | 9 or more years but less than 12 years | $25 | |
875 | 6 or more years but less than 9 years | $35 | |
876 | 3 or more years but less than 6 years | $45 | |
877 | Less than 3 years | $55 |
879 | Age of Small Motor Vehicle | Uniform Statewide Fee | |
880 | 6 or more years | $10 | |
881 | 3 or more years but less than 6 years | $15 | |
882 | Less than 3 years | $25 |
884 | Age of Street Motorcycle | Uniform Statewide Fee | |
885 | 12 or more years | $10 | |
886 | 9 or more years but less than 12 years | $35 | |
887 | 6 or more years but less than 9 years | $50 | |
888 | 3 or more years but less than 6 years | $70 | |
889 | Less than 3 years | $95 |
891 | Age of Travel Trailer or Park Model Recreational Vehicle | Uniform Statewide Fee | |
892 | 12 or more years | $20 | |
893 | 9 or more years but less than 12 years | $65 | |
894 | 6 or more years but less than 9 years | $90 | |
895 | 3 or more years but less than 6 years | $135 | |
896 | Less than 3 years | $175 |
898 (i) less than 15 feet in length;
899 (ii) a canoe;
900 (iii) a jon boat; or
901 (iv) a utility boat;
902 (i) for a collapsible inflatable vessel, pontoon, or sailboat, regardless of age:
903 | Length of Vessel | Uniform Statewide Fee | |
904 | 15 feet or more in length but less than 19 feet in length | $15 | |
905 | 19 feet or more in length but less than 23 feet in length | $25 | |
906 | 23 feet or more in length but less than 27 feet in length | $40 | |
907 | 27 feet or more in length but less than 31 feet in length | $75 |
909 sailboat, or utility boat, that is 15 feet or more in length but less than 19 feet in length:
910 | Age of Vessel | Uniform Statewide Fee | |
911 | 12 or more years | $25 | |
912 | 9 or more years but less than 12 years | $65 | |
913 | 6 or more years but less than 9 years | $80 | |
914 | 3 or more years but less than 6 years | $110 | |
915 | Less than 3 years | $150 |
917 sailboat, or utility boat, that is 19 feet or more in length but less than 23 feet in length:
918 | Age of Vessel | Uniform Statewide Fee | |
919 | 12 or more years | $50 | |
920 | 9 or more years but less than 12 years | $120 | |
921 | 6 or more years but less than 9 years | $175 | |
922 | 3 or more years but less than 6 years | $220 | |
923 | Less than 3 years | $275 |
925 sailboat, or utility boat, that is 23 feet or more in length but less than 27 feet in length:
926 | Age of Vessel | Uniform Statewide Fee | |
927 | 12 or more years | $100 | |
928 | 9 or more years but less than 12 years | $180 | |
929 | 6 or more years but less than 9 years | $240 | |
930 | 3 or more years but less than 6 years | $310 | |
931 | Less than 3 years | $400 |
933 sailboat, or utility boat, that is 27 feet or more in length but less than 31 feet in length:
934 | Age of Vessel | Uniform Statewide Fee | |
935 | 12 or more years | $120 | |
936 | 9 or more years but less than 12 years | $250 | |
937 | 6 or more years but less than 9 years | $350 | |
938 | 3 or more years but less than 6 years | $500 | |
939 | Less than 3 years | $700 |
941 section is as follows:
942 (a) for a street motorcycle:
943 | Age of Street Motorcycle | Uniform Statewide Fee | |
944 | 12 or more years | $7.75 | |
945 | 9 or more years but less than 12 years | $27 | |
946 | 6 or more years but less than 9 years | $38.50 | |
947 | 3 or more years but less than 6 years | $54 | |
948 | Less than 3 years | $73 |
950 | Age of Small Motor Vehicle | Uniform Statewide Fee | |
951 | 6 or more years | $7.75 | |
952 | 3 or more years but less than 6 years | $11.50 | |
953 | Less than 3 years | $19.25 |
955 uniform statewide fees imposed by this section that is brought into the state shall, as a
956 condition of registration, be subject to the uniform statewide fees unless all property taxes or
957 uniform fees imposed by the state of origin have been paid for the current calendar year.
958 (6) (a) The revenues collected in each county from the uniform statewide fees imposed
959 by this section shall be distributed by the county to each taxing entity in which each item of
960 tangible personal property subject to the uniform statewide fees is located in the same
961 proportion in which revenues collected from the ad valorem property tax are distributed.
962 (b) Each taxing entity described in Subsection (6)(a) that receives revenues from the
963 uniform statewide fees imposed by this section shall distribute the revenues in the same
964 proportion in which revenues collected from the ad valorem property tax are distributed.
965 (7) (a) For purposes of the uniform statewide fee imposed by this section, the length of
966 a vessel shall be determined as provided in this Subsection (7).
967 (b) (i) Except as provided in Subsection (7)(b)(ii), the length of a vessel shall be
968 measured as follows:
969 (A) the length of a vessel shall be measured in a straight line; and
970 (B) the length of a vessel is equal to the distance between the bow of the vessel and the
971 stern of the vessel.
972 (ii) Notwithstanding Subsection (7)(b)(i), the length of a vessel may not include the
973 length of:
974 (A) a swim deck;
975 (B) a ladder;
976 (C) an outboard motor; or
977 (D) an appurtenance or attachment similar to Subsections (7)(b)(ii)(A) through (C) as
978 determined by the commission by rule.
979 (iii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
980 the commission may by rule define what constitutes an appurtenance or attachment similar to
981 Subsections (7)(b)(ii)(A) through (C).
982 (c) The length of a vessel:
983 (i) (A) for a new vessel, is the length:
984 (I) listed on the manufacturer's statement of origin if the length of the vessel measured
985 under Subsection (7)(b) is equal to the length of the vessel listed on the manufacturer's
986 statement of origin; or
987 (II) listed on a form submitted to the commission by a dealer in accordance with
988 Subsection (7)(d) if the length of the vessel measured under Subsection (7)(b) is not equal to
989 the length of the vessel listed on the manufacturer's statement of origin; or
990 (B) for a vessel other than a new vessel, is the length:
991 (I) corresponding to the model number if the length of the vessel measured under
992 Subsection (7)(b) is equal to the length of the vessel determined by reference to the model
993 number; or
994 (II) listed on a form submitted to the commission by an owner of the vessel in
995 accordance with Subsection (7)(d) if the length of the vessel measured under Subsection (7)(b)
996 is not equal to the length of the vessel determined by reference to the model number; and
997 (ii) (A) is determined at the time of the:
998 (I) first registration as defined in Section 41-1a-102 that occurs on or after January 1,
999 2006; or
1000 (II) first renewal of registration that occurs on or after January 1, 2006; and
1001 (B) may be determined after the time described in Subsection (7)(c)(ii)(A) only if the
1002 commission requests that a dealer or an owner submit a form to the commission in accordance
1003 with Subsection (7)(d).
1004 (d) (i) A form under Subsection (7)(c) shall:
1005 (A) be developed by the commission;
1006 (B) be provided by the commission to:
1007 (I) a dealer; or
1008 (II) an owner of a vessel;
1009 (C) provide for the reporting of the length of a vessel;
1010 (D) be submitted to the commission at the time the length of the vessel is determined in
1011 accordance with Subsection (7)(c)(ii);
1012 (E) be signed by:
1013 (I) if the form is submitted by a dealer, that dealer; or
1014 (II) if the form is submitted by an owner of the vessel, an owner of the vessel; and
1015 (F) include a certification that the information set forth in the form is true.
1016 (ii) A certification made under Subsection (7)(d)(i)(F) is considered as if made under
1017 oath and subject to the same penalties as provided by law for perjury.
1018 (iii) (A) A dealer or an owner that submits a form to the commission under Subsection
1019 (7)(c) is considered to have given the dealer's or owner's consent to an audit or review by:
1020 (I) the commission;
1021 (II) the county assessor; or
1022 (III) the commission and the county assessor.
1023 (B) The consent described in Subsection (7)(d)(iii)(A) is a condition to the acceptance
1024 of any form.
1025 (8) (a) A county that collected a qualifying payment from a qualifying person during
1026 the refund period shall issue a refund to the qualifying person as described in Subsection (8)(b)
1027 if:
1028 (i) the difference described in Subsection (8)(b) is $1 or more; and
1029 (ii) the qualifying person submitted a form in accordance with Subsections (8)(c) and
1030 (d).
1031 (b) The refund amount shall be calculated as follows:
1032 (i) for a qualifying vehicle, the refund amount is equal to the difference between:
1033 (A) the qualifying payment the qualifying person paid on the qualifying vehicle during
1034 the refund period; and
1035 (B) the amount of the statewide uniform fee:
1036 (I) for that qualifying vehicle; and
1037 (II) that the qualifying person would have been required to pay:
1038 (Aa) during the refund period; and
1039 (Bb) in accordance with this section had Laws of Utah 2006, Fifth Special Session,
1040 Chapter 3, Section 1, been in effect during the refund period; and
1041 (ii) for a qualifying watercraft, the refund amount is equal to the difference between:
1042 (A) the qualifying payment the qualifying person paid on the qualifying watercraft
1043 during the refund period; and
1044 (B) the amount of the statewide uniform fee:
1045 (I) for that qualifying watercraft;
1046 (II) that the qualifying person would have been required to pay:
1047 (Aa) during the refund period; and
1048 (Bb) in accordance with this section had Laws of Utah 2006, Fifth Special Session,
1049 Chapter 3, Section 1, been in effect during the refund period.
1050 (c) Before the county issues a refund to the qualifying person in accordance with
1051 Subsection (8)(a) the qualifying person shall submit a form to the county to verify the
1052 qualifying person is entitled to the refund.
1053 (d) (i) A form under Subsection (8)(c) or (9) shall:
1054 (A) be developed by the commission;
1055 (B) be provided by the commission to the counties;
1056 (C) be provided by the county to the qualifying person or tangible personal property
1057 owner;
1058 (D) provide for the reporting of the following:
1059 (I) for a qualifying vehicle:
1060 (Aa) the type of qualifying vehicle; and
1061 (Bb) the amount of cubic centimeters displacement;
1062 (II) for a qualifying watercraft:
1063 (Aa) the length of the qualifying watercraft;
1064 (Bb) the age of the qualifying watercraft; and
1065 (Cc) the type of qualifying watercraft;
1066 (E) be signed by the qualifying person or tangible personal property owner; and
1067 (F) include a certification that the information set forth in the form is true.
1068 (ii) A certification made under Subsection (8)(d)(i)(F) is considered as if made under
1069 oath and subject to the same penalties as provided by law for perjury.
1070 (iii) (A) A qualifying person or tangible personal property owner that submits a form to
1071 a county under Subsection (8)(c) or (9) is considered to have given the qualifying person's
1072 consent to an audit or review by:
1073 (I) the commission;
1074 (II) the county assessor; or
1075 (III) the commission and the county assessor.
1076 (B) The consent described in Subsection (8)(d)(iii)(A) is a condition to the acceptance
1077 of any form.
1078 (e) The county shall make changes to the commission's records with the information
1079 received by the county from the form submitted in accordance with Subsection (8)(c).
1080 (9) A county shall change its records regarding an item of qualifying tangible personal
1081 property if the tangible personal property owner submits a form to the county in accordance
1082 with Subsection (8)(d).
1083 (10) (a) For purposes of this Subsection (10), "owner of tangible personal property"
1084 means a person that was required to pay a uniform statewide fee:
1085 (i) during the refund period;
1086 (ii) in accordance with this section; and
1087 (iii) on an item of tangible personal property subject to the uniform statewide fees
1088 imposed by this section.
1089 (b) A county that collected revenues from uniform statewide fees imposed by this
1090 section during the refund period shall notify an owner of tangible personal property:
1091 (i) of the tangible personal property classification changes made to this section
1092 pursuant to Laws of Utah 2006, Fifth Special Session, Chapter 3, Section 1;
1093 (ii) that the owner of tangible personal property may obtain and file a form to modify
1094 the county's records regarding the owner's tangible personal property; and
1095 (iii) that the owner may be entitled to a refund pursuant to Subsection (8).
1096 Section 12. Effective date.
1097 This bill takes effect on January 1, 2015.
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