H.B. 386

1

COUNTY COLLECTION OF UNIFORM AND
2 MOTOR VEHICLE FEES
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Melvin R. Brown
6 AN ACT RELATING TO REVENUE AND TAXATION; ESTABLISHING A PROCEDURE
7 TO CHARGE UNIFORM FEE AND MOTOR VEHICLE FEE COLLECTION
8 AGREEMENTS.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 59-2-406, as last amended by Chapters 28 and 99, Laws of Utah 1995
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 59-2-406 is amended to read:
14 59-2-406. Collection of uniform fee and other motor vehicle fees.
15 (1) (a) For the purposes of efficiency in the collection of the uniform fee required by this
16 section, the commission shall enter into a contract for the collection of both the uniform fee
17 required by Section 59-2-405 and certain fees required by Title 41.
18 (b) The contract required by this section shall, at the county's option, provide for one of
19 the following collection agreements:
20 (i) the collection by the commission of the uniform fee required by Section 59-2-405, and
21 all Title 41 fees listed in Subsection (c); or
22 (ii) the collection by the county of the uniform fee required by Section 59-2-405 and all
23 Title 41 fees listed in Subsection (c).
24 (c) The Title 41 fees that are subject to the contractual agreement required by this section
25 are:
26 (i) registration fees for vehicles, mobile homes, manufactured homes, boats, and
27 off-highway vehicles, with the exception of fleet and proportional registration;

1 (ii) title fees for vehicles, mobile homes, manufactured homes, boats, and off-highway
2 vehicles;
3 (iii) plate fees for vehicles;
4 (iv) permit fees; and
5 (v) impound fees.
6 (d) A county may change the election it makes pursuant to Subsection (1)(b) by providing
7 written notice of the change to the commission between January 1 and June 30 of a year after an
8 election for the county assessor is held. The change shall take effect on the following January 1.
9 (2) The contract shall provide that the party contracting to perform services shall:
10 (a) be responsible for the collection of the uniform fee and the applicable Title 41 fees as
11 agreed to in the contract;
12 (b) utilize the documents and forms, guidelines, practices, and procedures that meet the
13 contract specifications;
14 (c) meet the performance standards and comply with applicable training requirements
15 specified in the contract; and
16 (d) be subject to a penalty if performance is below the performance standards specified in
17 the contract.
18 (3) The commission shall recommend a reimbursement fee in accordance with Section
19 63-38-3.2, sufficient to cover the costs of collecting the fees. The reimbursement fees shall be
20 appropriated by the Legislature.
21 (4) All counties that elect to collect the uniform fee and any other Title 41 fees as provided
22 by contract shall be subject to similar contractual terms.
23 (5) The party performing the collection services by contract shall use appropriate
24 automated systems software and equipment compatible with the system used by the other
25 contracting party in order to ensure the integrity of the current motor vehicle data base and county
26 tax systems, or successor data bases and systems.
27 (6) If the county elects not to collect the uniform fee and the Title 41 fees, the commission
28 shall:
29 (a) collect the uniform fee and Title 41 fees in each county or regional center as negotiated
30 by the counties with the commission in accordance with the requirements of this section; and
31 (b) provide information to the county in a format and media consistent with the county's

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1 requirements.
2 (7) This section shall not limit the authority given to the county in Section 59-2-1302.




Legislative Review Note
as of 2-3-97 1:47 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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