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S.B. 117





Sponsor: David H. Steele

10    This act affects sections of Utah Code Annotated 1953 as follows:
11    AMENDS:
12         17-41-101, as last amended by Chapter 271, Laws of Utah 1995
13         41-1a-102, as last amended by Chapter 38, Laws of Utah 1995
14         41-1a-202, as last amended by Chapter 9, Laws of Utah 1995, First Special Session
15         41-1a-203, as last amended by Chapter 170, Laws of Utah 1996
16         41-1a-215, as renumbered and amended by Chapter 1 and last amended by Chapter 218, Laws
17    of Utah 1992
18         41-1a-222, as last amended by Chapter 9, Laws of Utah 1995, First Special Session
19         41-1a-228, as enacted by Chapter 1, Laws of Utah 1992
20         41-1a-301, as last amended by Chapter 9, Laws of Utah 1995, First Special Session
21         59-2-102, as last amended by Chapter 170, Laws of Utah 1996
22         59-2-201, as last amended by Chapter 138, Laws of Utah 1995
23         59-2-203, as enacted by Chapter 4, Laws of Utah 1987
24         59-2-302, as enacted by Chapter 4, Laws of Utah 1987
25         59-2-327, as last amended by Chapter 3, Laws of Utah 1988
26         59-2-402, as last amended by Chapters 20 and 339, Laws of Utah 1995
27         59-2-403, as enacted by Chapter 4, Laws of Utah 1987

1         59-2-405, as last amended by Chapters 247 and 339, Laws of Utah 1995
2         59-2-801, as last amended by Chapter 3, Laws of Utah 1988
3         59-2-1307, as repealed and reenacted by Chapter 3, Laws of Utah 1988
4         59-2-1308, as last amended by Chapter 22, Laws of Utah 1989
5         59-2-1309, as repealed and reenacted by Chapter 3, Laws of Utah 1988
6    Be it enacted by the Legislature of the state of Utah:
7        Section 1. Section 17-41-101 is amended to read:
8         17-41-101. Definitions.
9        As used in this chapter:
10        (1) "Agriculture protection area" means a geographic area created under the authority of
11    this chapter that is granted the specific legal protections contained in this chapter.
12        (2) "Advisory board" means the Agriculture Protection Area Advisory Board created by
13    this chapter.
14        (3) (a) "Agriculture production" means production for commercial purposes of crops,
15    livestock, and livestock products.
16        (b) "Agriculture production" includes the processing or retail marketing of any crops,
17    livestock, and livestock products when more than 50% of the processed or merchandised products
18    are produced by the farm operator.
19        (4) "Crops, livestock, and livestock products" includes:
20        (a) land devoted to the raising of useful plants and animals with a reasonable expectation
21    of profit, including:
22        (i) forages and sod crops;
23        (ii) grains and feed crops;
24        (iii) livestock as defined in [Subsection] Section 59-2-102[(18)(d)];
25        (iv) trees and fruits; or
26        (v) vegetables, nursery, floral, and ornamental stock; or
27        (b) land devoted to and meeting the requirements and qualifications for payments or other
28    compensation under a crop-land retirement program with an agency of the state or federal
29    government.
30        (5) "Political subdivision" means a county, school district, or special district.
31        (6) "Proposal sponsors" means the owners of land in agricultural production who are

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1    sponsoring the proposal for creating an agricultural protection area.
2        (7) "State agency" means each department, commission, board, council, agency,
3    institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
4    unit, bureau, panel, or other administrative unit of the state.
5        Section 2. Section 41-1a-102 is amended to read:
6         41-1a-102. Definitions.
7        As used in this chapter:
8        (1) "Actual miles" means the actual distance a vehicle has traveled while in operation.
9        (2) "Actual weight" means the actual unladen weight of a vehicle or combination of
10    vehicles as operated and certified to by a weighmaster.
11        (3) "Affidavit of Mobile Home Affixture" means the affidavit of affixture described in
12    Title 59, Chapter 2, Part 6, Mobile Homes.
13        (4) "All-terrain type I vehicle" has the same meaning provided in Section 41-22-2.
14        (5) "All-terrain type II vehicle" has the same meaning provided in Section 41-22-2.
15        (6) "Amateur radio operator" means any person licensed by the Federal Communications
16    Commission to engage in private and experimental two-way radio operation on the amateur band
17    radio frequencies.
18        (7) "Branded title" means a title certificate that is labeled:
19        (a) rebuilt and restored to operation;
20        (b) flooded and restored to operation; or
21        (c) not restored to operation.
22        (8) "Camper" means any structure designed, used, and maintained primarily to be mounted
23    on or affixed to a motor vehicle that contains a floor and is designed to provide a mobile dwelling,
24    sleeping place, commercial space, or facilities for human habitation or for camping.
25        (9) "Certificate of title" means a document issued by a jurisdiction to establish a record
26    of ownership between an identified owner and the described vehicle, vessel, or outboard motor.
27        (10) "Certified scale weigh ticket" means a weigh ticket that has been issued by a
28    weighmaster.
29        (11) "Commercial vehicle" means a motor vehicle, trailer, or semitrailer used or
30    maintained for the transportation of persons or property that operates:
31        (a) as a carrier for hire, compensation, or profit; or [designed, used, or maintained

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1    primarily for the transportation of property]
2        (b) as a carrier to transport the vehicle owner's goods or property in furtherance of the
3    owner's commercial enterprise.
4        (12) "Commission" means the State Tax Commission.
5        (13) "Dealer" means a person engaged or licensed to engage in the business of buying,
6    selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on
7    conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established place
8    of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors.
9        (14) "Division" means the Motor Vehicle Division of the commission, created in Section
10    41-1a-106.
11        (15) "Essential parts" means all integral and body parts of a vehicle of a type required to
12    be registered in this state, the removal, alteration, or substitution of which would tend to conceal
13    the identity of the vehicle or substantially alter its appearance, model, type, or mode of operation.
14        (16) "Farm tractor" means every motor vehicle designed and used primarily as a farm
15    implement for drawing plows, mowing machines, and other implements of husbandry.
16        (17) (a) "Farm truck" means a truck used by the owner or operator of a farm solely for his
17    own use in the transportation of:
18        (i) farm products, including livestock and its products, poultry and its products,
19    floricultural and horticultural products;
20        (ii) farm supplies, including tile, fence, and every other thing or commodity used in
21    agricultural, floricultural, horticultural, livestock, and poultry production; and
22        (iii) livestock, poultry, and other animals and things used for breeding, feeding, or other
23    purposes connected with the operation of a farm.
24        (b) "Farm truck" does not include the operation of trucks by commercial processors of
25    agricultural products.
26        (18) [(a)] "Fleet" means one or more commercial vehicles [that supply motive power and
27    contain a compartment for the driver].
28        [(b) "Fleet" also means not less than ten commercial vehicles that are trailers or
29    semitrailers.]
30        (19) "Foreign vehicle" means a vehicle of a type required to be registered, brought into this
31    state from another state, territory, or country other than in the ordinary course of business by or

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1    through a manufacturer or dealer, and not registered in this state.
2        (20) "Gross laden weight" means the actual weight of a vehicle or combination of vehicles,
3    equipped for operation, to which shall be added the maximum load to be carried.
4        (21) "Highway" or "street" means the entire width between property lines of every way
5    or place of whatever nature when any part of it is open to the public, as a matter of right, for
6    purposes of vehicular traffic.
7        (22) (a) "Identification number" means the identifying number assigned by the
8    manufacturer or by the division for the purpose of identifying the vehicle, vessel, or outboard
9    motor.
10        (b) "Identification number" includes a vehicle identification number, state assigned
11    identification number, hull identification number, and motor serial number.
12        (23) "Implement of husbandry" means every vehicle designed or adapted and used
13    exclusively for an agricultural operation and only incidentally operated or moved upon the
14    highways.
15        (24) (a) "In-state miles" means the total number of miles operated in this state during the
16    preceding year by fleet power units.
17        (b) If fleets are composed entirely of trailers or semitrailers, "in-state miles" means the
18    total number of miles that those vehicles were towed on Utah highways during the preceding year.
19        (25) "Interstate [commercial vehicles] vehicle" means [vehicles used or maintained for the
20    transportation of persons for hire, compensation, or profit or designed, used, or maintained
21    primarily for the transportation of property and] any commercial vehicle operated in more than one
22    [jurisdiction] state, province, territory, or possession of the United States or foreign country.
23        (26) "Jurisdiction" means a state, district, province, political subdivision, territory, or
24    possession of the United States or any foreign country.
25        (27) "Lienholder" means a person with a security interest in particular property.
26        (28) "Manufactured home" means a structure that is built on a permanent chassis,
27    transportable in one or more sections, and is designed to be used as a dwelling with or without a
28    permanent foundation when connected to required utilities.
29        (29) "Manufacturer" means a person engaged in the business of constructing,
30    manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or outboard
31    motors for the purpose of sale or trade.

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1        (30) "Mobile home" means a structure transportable in one or more sections with the
2    plumbing, heating, and electrical systems contained intact within the structure.
3        (31) "Motorboat" has the same meaning as provided in Section 73-18-2.
4        (32) "Motorcycle" means a motor vehicle having a saddle for the use of the rider and
5    designed to travel on not more than three wheels in contact with the ground.
6        (33) (a) "Motor vehicle" means a self-propelled vehicle intended primarily for use and
7    operation on the highways.
8        (b) "Motor vehicle" does not include an off-highway vehicle.
9        (34) (a) "Nonresident" means a person who is not a resident of this state as defined by
10    Section 41-1a-202, and who does not engage in intrastate business within this state and does not
11    operate in that business any motor vehicle, trailer, or semitrailer within this state.
12        (b) A person who engages in intrastate business within this state and operates in that
13    business any motor vehicle, trailer, or semitrailer in this state or who, even though engaging in
14    interstate commerce, maintains any vehicle in this state as the home station of that vehicle is
15    considered a resident of this state, insofar as that vehicle is concerned in administering this chapter.
16        (35) "Odometer" means a device for measuring and recording the actual distance a vehicle
17    travels while in operation, but does not include any auxiliary odometer designed to be periodically
18    reset.
19        (36) "Off-highway implement of husbandry" has the same meaning as provided in Section
20    41-22-2.
21        (37) "Off-highway vehicle" has the same meaning as provided in Section 41-22-2.
22        (38) "Operate" means to drive or be in actual physical control of a vehicle or to navigate
23    a vessel.
24        (39) "Outboard motor" means a detachable self-contained propulsion unit, excluding fuel
25    supply, used to propel a vessel.
26        (40) (a) "Owner" means a person, other than a lienholder, holding title to a vehicle, vessel,
27    or outboard motor whether or not the vehicle, vessel, or outboard motor is subject to a security
28    interest.
29        (b) If a vehicle is the subject of an agreement for the conditional sale or installment sale
30    or mortgage of the vehicle with the right of purchase upon performance of the conditions stated
31    in the agreement and with an immediate right of possession vested in the conditional vendee or

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1    mortgagor, or if the vehicle is the subject of a security agreement, then the conditional vendee,
2    mortgagor, or debtor is considered the owner for the purposes of this chapter.
3        (c) If a vehicle is the subject of an agreement to lease, the lessor is considered the owner
4    until the lessee exercises his option to purchase the vehicle.
5        (41) "Personalized license plate" means a license plate that has displayed on it a
6    combination of letters, numbers, or both as requested by the owner of the vehicle and assigned to
7    the vehicle by the division.
8        (42) (a) "Pickup truck" means a two-axle motor vehicle with motive power manufactured,
9    remanufactured, or materially altered to provide an open cargo area.
10        (b) "Pickup truck" includes motor vehicles with the open cargo area covered with a
11    camper, camper shell, tarp, removable top, or similar structure.
12        (43) "Pneumatic tire" means every tire in which compressed air is designed to support the
13    load.
14        (44) "Preceding year" means a period of 12 consecutive months fixed by the division that
15    is within 16 months immediately preceding the commencement of the registration or license year
16    in which proportional registration is sought. The division in fixing the period shall conform it to
17    the terms, conditions, and requirements of any applicable agreement or arrangement for the
18    proportional registration of vehicles.
19        (45) "Public garage" means every building or other place where vehicles or vessels are
20    kept and stored and where a charge is made for the storage and keeping of vehicles and vessels.
21        (46) "Reconstructed vehicle" means every vehicle of a type required to be registered in this
22    state that is materially altered from its original construction by the removal, addition, or
23    substitution of essential parts, new or used.
24        (47) "Registration" means a document issued by a jurisdiction that allows operation of a
25    vehicle or vessel on the highways or waters of this state for the time period for which the
26    registration is valid and that is evidence of compliance with the registration requirements of the
27    jurisdiction.
28        (48) (a) "Registration year" means a 12 consecutive month period commencing with the
29    completion of all applicable registration criteria.
30        (b) For administration of a multistate agreement for proportional registration the division
31    may prescribe a different 12-month period.

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1        (49) "Repair or replacement" means the restoration of vehicles, vessels, or outboard
2    motors to a sound working condition by substituting any inoperative part of the vehicle, vessel,
3    or outboard motor, or by correcting the inoperative part.
4        (50) "Road tractor" means every motor vehicle designed and used for drawing other
5    vehicles and constructed so it does not carry any load either independently or any part of the
6    weight of a vehicle or load that is drawn.
7        (51) "Sailboat" has the same meaning as provided in Section 73-18-2.
8        (52) "Security interest" means an interest that is reserved or created by a security
9    agreement to secure the payment or performance of an obligation and that is valid against third
10    parties.
11        (53) "Semitrailer" means every vehicle without motive power designed for carrying
12    persons or property and for being drawn by a motor vehicle and constructed so that some part of
13    its weight and its load rests or is carried by another vehicle.
14        (54) "Special group license plate" means a type of license plate designed for a particular
15    group of people or a license plate authorized and issued by the division in accordance with Section
16    41-1a-408.
17        (55) (a) "Special interest vehicle" means a vehicle used for general transportation purposes
18    and that is:
19        (i) 20 years or older from the current year; or
20        (ii) a make or model of motor vehicle recognized by the division director as having unique
21    interest or historic value.
22        (b) In making his determination under Subsection (a), the division director shall give
23    special consideration to:
24        (i) a make of motor vehicle that is no longer manufactured;
25        (ii) a make or model of motor vehicle produced in limited or token quantities;
26        (iii) a make or model of motor vehicle produced as an experimental vehicle or one
27    designed exclusively for educational purposes or museum display; or
28        (iv) a motor vehicle of any age or make that has not been substantially altered or modified
29    from original specifications of the manufacturer and because of its significance is being collected,
30    preserved, restored, maintained, or operated by a collector or hobbyist as a leisure pursuit.
31        (56) "Special mobile equipment" means every vehicle not designed or used primarily for

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1    the transportation of persons or property and incidentally operated or moved over the highways,
2    including farm tractors, road construction or maintenance machinery, ditch-digging apparatus,
3    well-boring apparatus, and concrete mixers.
4        (57) "Specially constructed vehicle" means every vehicle of a type required to be
5    registered in this state, not originally constructed under a distinctive name, make, model, or type
6    by a generally recognized manufacturer of vehicles, and not materially altered from its original
7    construction.
8        (58) "Title" means the right to or ownership of a vehicle, vessel, or outboard motor.
9        (59) (a) "Total fleet miles" means the total number of miles operated in all jurisdictions
10    during the preceding year by power units.
11        (b) If fleets are composed entirely of trailers or semitrailers, "total fleet miles" means the
12    number of miles that those vehicles were towed on the highways of all jurisdictions during the
13    preceding year.
14        (60) "Trailer" means a vehicle without motive power designed for carrying persons or
15    property and for being drawn by a motor vehicle and constructed so that no part of its weight rests
16    upon the towing vehicle.
17        (61) "Transferee" means a person to whom the ownership of property is conveyed by sale,
18    gift, or any other means except by the creation of a security interest.
19        (62) "Transferor" means a person who transfers his ownership in property by sale, gift, or
20    any other means except by creation of a security interest.
21        (63) "Travel trailer" means a trailer designed as a temporary dwelling for travel,
22    recreational, and vacation use that does not require special highway movement permits when
23    drawn by a motor vehicle.
24        (64) "Truck tractor" means a motor vehicle designed and used primarily for drawing other
25    vehicles and not constructed to carry a load other than a part of the weight of the vehicle and load
26    that is drawn.
27        (65) "Vehicle" includes a motor vehicle, trailer, semitrailer, off-highway vehicle,
28    manufactured home, and mobile home.
29        (66) "Vessel" has the same meaning as provided in Section 73-18-2.
30        (67) "Vintage vehicle" has the same meaning as provided in Section 41-21-1.
31        (68) "Waters of this state" has the same meaning as provided in Section 73-18-2.

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1        (69) "Weighmaster" means a person, association of persons, or corporation permitted to
2    weigh vehicles under this chapter.
3        Section 3. Section 41-1a-202 is amended to read:
4         41-1a-202. Definitions -- Vehicles exempt from registration -- Registration of vehicles
5     after establishing residency.
6        (1) In this section:
7        (a) "Domicile" means the place:
8        (i) where an individual has a fixed permanent home and principal establishment;
9        (ii) to which the individual if absent, intends to return; and
10        (iii) in which the individual and his family voluntarily reside, not for a special or
11    temporary purpose, but with the intention of making a permanent home.
12        (b) (i) "Resident" means any of the following:
13        (A) an individual who:
14        (I) has established a domicile in this state;
15        (II) regardless of domicile, remains in this state for an aggregate period of six months or
16    more during any calendar year;
17        (III) engages in a trade, profession, or occupation in this state or who accepts employment
18    in other than seasonal work in this state and who does not commute into the state;
19        (IV) declares himself to be a resident of this state for the purpose of obtaining a driver
20    license or motor vehicle registration; or
21        (V) declares himself a resident of Utah to obtain privileges not ordinarily extended to
22    nonresidents, including going to school, or placing children in school without paying nonresident
23    tuition or fees;
24        (B) any individual, partnership, limited liability company, firm, corporation, association,
25    or other entity that:
26        (I) maintains a main office, branch office, or warehouse facility in this state and that bases
27    and operates a motor vehicle in this state; or
28        (II) operates a motor vehicle in intrastate transportation for other than seasonal work.
29        (ii) "Resident" does not include any of the following:
30        (A) a member of the military temporarily stationed in Utah;
31        (B) an out-of-state student, as classified by the institution of higher education, enrolled

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1    with the equivalent of seven or more quarter hours, regardless of whether the student engages in
2    a trade, profession, or occupation in this state or accepts employment in this state.
3        (2) Registration under this chapter is not required for any:
4        (a) vehicle registered in another state and owned by a nonresident of the state or operating
5    under a temporary registration permit issued by the division or a dealer authorized by this chapter,
6    driven or moved upon a highway in conformance with the provisions of this chapter relating to
7    manufacturers, transporters, dealers, lien holders, or interstate [commercial] vehicles;
8        (b) vehicle driven or moved upon a highway only for the purpose of crossing the highway
9    from one property to another;
10        (c) implement of husbandry, whether of a type otherwise subject to registration or not, that
11    is only incidentally operated or moved upon a highway;
12        (d) special mobile equipment;
13        (e) vehicle owned or leased by the federal government;
14        (f) motor vehicle not designed, used, or maintained for the transportation of passengers
15    for hire or for the transportation of property if the motor vehicle is registered in another state and
16    is owned and operated by a nonresident of this state;
17        (g) vehicle or combination of vehicles designed, used, or maintained for the transportation
18    of persons for hire or for the transportation of property if the vehicle or combination of vehicles
19    is registered in another state and is owned and operated by a nonresident of this state and if the
20    vehicle or combination of vehicles has a gross laden weight of 26,000 pounds or less;
21        (h) trailer of 750 pounds or less unladen weight and not designed, used, and maintained
22    for hire for the transportation of property or person;
23        (i) manufactured home or mobile home;
24        (j) off-highway vehicle currently registered under Section 41-22-3 if the off-highway
25    vehicle is:
26        (i) being towed;
27        (ii) operated on a street or highway designated as open to off-highway vehicle use; or
28        (iii) operated in the manner prescribed in Section 41-22-10.3;
29        (k) off-highway implement of husbandry operated in the manner prescribed in Subsections
30    41-22-5.5(3) through (5); or
31        (l) modular and prebuilt homes conforming to the uniform building code and presently

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1    regulated by the United States Department of Housing and Urban Development that are not
2    constructed on a permanent chassis.
3        (3) Unless otherwise exempted under Subsection (2), registration under this chapter is
4    required for any motor vehicle, combination of vehicles, trailer, semitrailer, or vintage vehicle
5    within 60 days of the owner establishing residency in this state.
6        Section 4. Section 41-1a-203 is amended to read:
7         41-1a-203. Prerequisites for registration.
8        (1) Except as otherwise provided, prior to registration a vehicle must have:
9        (a) an identification number inspection under Section 41-1a-204;
10        (b) passed the safety inspection as provided under Sections 41-1a-205 and 53-8-205;
11        (c) passed the emissions inspection as provided under Section 41-6-163.6;
12        (d) paid property taxes, the in lieu fee, or received a property tax clearance under Section
13    41-1a-206 or 41-1a-207;
14        (e) paid the automobile driver education tax required by Section 41-1a-208;
15        (f) paid the applicable registration fee under Part 12, Fee and Tax Requirements; [and]
16        (g) paid the uninsured motorist identification fee under Section 41-1a-1218, if applicable;
17    and
18        (h) paid the motor carrier fee under Section 41-1a-1219, if applicable.
19        (2) In addition to the requirements in Subsection (1), an owner whose vehicle has not been
20    previously registered or that is currently registered under a previous owner's name must also apply
21    for a valid certificate of title in the owner's name prior to registration.
22        (3) A new registration, transfer of ownership, or registration renewal under Section
23    73-18-7 may not be issued for a vessel or outboard motor that is subject to the title provisions of
24    this chapter unless a certificate of title has been or is in the process of being issued in the same
25    owner's name.
26        (4) A new registration, transfer of ownership, or registration renewal under Section
27    41-22-3 may not be issued for an off-highway vehicle that is subject to the titling provisions of this
28    chapter unless a certificate of title has been or is in the process of being issued in the same owner's
29    name.
30        Section 5. Section 41-1a-215 is amended to read:
31         41-1a-215. Staggered registration dates - Exceptions.

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1        (1) (a) Except under Subsections (2) and (3), every vehicle registration, every registration
2    card, and every registration plate issued under this chapter for the first registration of the vehicle
3    in this state, continues in effect for a period of 12 months beginning with the first day of the
4    calendar month of registration and does not expire until the last day of the same month in the
5    following year.
6        (b) If the last day of the registration period falls on a day in which the appropriate state or
7    county offices are not open for business, the registration of the vehicle is extended to midnight of
8    the next business day.
9        (2) The provisions of Subsection (1) do not apply to the following:
10        (a) registration issued to government vehicles under Section 41-1a-221;
11        (b) registration issued to apportioned vehicles under Section 41-1a-301;
12        (c) multiyear registration issued under Section 41-1a-222;
13        (d) lifetime trailer registration issued under Section 41-1a-1206;
14        (e) partial year registration issued under Section 41-1a-1207;
15        (f) vintage vehicle registration issued under Section [41-21-2] 41-1a-226; or
16        (g) plates issued to a dealer, dismantler, manufacturer, remanufacturer, and transporter
17    under Title 41, Chapter 3, Part 5, Special Dealer License Plates.
18        (3) [(a)] Upon application of the owner or lessee of a fleet of commercial vehicles not
19    apportioned under Section 41-1a-301 and required to be registered in this state, the State Tax
20    Commission may permit the vehicles to be registered for a registration period commencing on
21    [January 1] the first day of March, June, September, or December of any year and expiring on the
22    last day of [January] March, June, September, or December in the following year.
23        [(b) "Fleet," for purposes of this subsection, means more than ten vehicles registered to
24    the same owner or lessee.]
25        (4) When the expiration of a registration plate is extended by affixing a validation decal
26    to it, the expiration of the decal governs the expiration date of the plate.
27        Section 6. Section 41-1a-222 is amended to read:
28         41-1a-222. Application for multiyear registration -- Payment of taxes -- Penalties.
29        [(1) As used in this section:]
30        [(a) "Commercial vehicle" means a motor vehicle, trailer, or semitrailer used or maintained
31    for the transportation of persons or property for hire, compensation, or profit or designed, used,

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1    or maintained primarily for the transportation of property and not subject to registration under
2    Section 41-1a-301.]
3        [(b) "Fleet" means two or more commercial vehicles registered under this chapter.]
4        [(2)] (1) The owner of any intrastate fleet of commercial [vehicle or fleet] vehicles which
5    is based in the state may apply to the commission for registration in accordance with this section
6    [under the following conditions:].
7        (a) [(i)] The application shall be made on a form prescribed by the commission.
8        [(ii)] (b) Upon payment of required fees and meeting other requirements prescribed by the
9    commission, the division shall issue, to each vehicle for which application has been made, a
10    multiyear license plate and registration card.
11        [(b)] (i) The license plate decal and the registration card shall bear an expiration date fixed
12    by the division and are valid until ownership of the vehicle to which they are issued is transferred
13    by the applicant or until the expiration date, whichever comes first.
14        (ii) An annual renewal application must be made by the owner if registration identification
15    has been issued on an annual installment fee basis and the required fees must be paid on an annual
16    basis.
17        (iii) License plates and registration cards issued pursuant to this section are valid for an
18    eight-year period, commencing with the year of initial application in this state.
19        (c) When application for registration or renewal is made on an installment payment basis,
20    the applicant shall submit acceptable evidence of a surety bond in a form, and with a surety,
21    approved by the commission and in an amount equal to the total annual fees required for all
22    vehicles registered to the applicant in accordance with this section.
23        [(3)] (2) Each vehicle registered as part of a fleet of commercial vehicles must be titled in
24    the name of the fleet.
25        [(4)] (3) Each owner who registers [vehicles or] fleets pursuant to this section shall pay
26    the taxes or in lieu fees otherwise due pursuant to Section 41-1a-206 or 41-1a-207 or Subsection
27    41-1a-301(11).
28        [(5)] (4) An owner who fails to comply with the provisions of this section is subject to the
29    penalties in Section 41-1a-1301 and, if the commission so determines, will result in the loss of the
30    privileges granted in this section.
31        Section 7. Section 41-1a-228 is amended to read:

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1         41-1a-228. Special lifetime trailer registration -- Property tax or in lieu fees.
2        (1) The owner of a [commercial] trailer or [commercial] semitrailer used as a commercial
3    vehicle may obtain an alternative special registration and license plate valid for the life of the
4    trailer while the trailer is possessed by the registrant.
5        (2) The owner must file, on or before January 31 of each year after the year of issuance
6    of the special registration and license plate, a certificate from the [county assessor of the county
7    in which the vehicle has situs for taxation] assessing authority to the effect that any property tax
8    or in lieu fee due for the current year has been paid.
9        (3) If property tax or the in lieu fee is not paid, registration is suspended or revoked.
10        Section 8. Section 41-1a-301 is amended to read:
11         41-1a-301. Apportioned registration and licensing of interstate vehicles.
12        (1) (a) An owner or operator of a fleet of commercial vehicles based in this state and
13    operating in two or more jurisdictions may register commercial vehicles for operation under the
14    International Registration Plan or the Uniform Vehicle Registration Proration and Reciprocity
15    Agreement by filing an application with the division.
16        (b) The application shall include information that identifies the vehicle owner, the vehicle,
17    the miles traveled in each jurisdiction, and other information pertinent to the registration of
18    apportioned vehicles.
19        (c) Vehicles operated exclusively in this state may not be apportioned.
20        (2) (a) If no operations were conducted during the preceding year, the application shall
21    contain a statement of the proposed operations and an estimate of annual mileage for each
22    jurisdiction.
23        (b) The division may adjust the estimate if the division is not satisfied with its correctness.
24        (c) At renewal, the registrant shall use the actual mileage from the preceding year in
25    computing fees due each jurisdiction.
26        (3) The registration fee for apportioned vehicles shall be determined as follows:
27        (a) divide the in-jurisdiction miles by the total miles generated during the preceding year;
28        (b) total the fees for each vehicle based on the fees prescribed in Section 41-1a-1206; and
29        (c) multiply the sum obtained under Subsection (3)(b) by the quotient obtained under
30    Subsection (3)(a).
31        (4) Trailers or semitrailers of apportioned fleets may be listed separately as "trailer fleets"

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1    with the fees paid according to the total distance those trailers were towed in all jurisdictions
2    during the preceding year mileage reporting period.
3        (5) (a) (i) When the proper fees have been paid and the property tax or in lieu fee has been
4    cleared under Section 41-1a-206 or 41-1a-207, a registration card, annual decal, and where
5    necessary, license plate, will be issued for each unit listed on the application.
6        (ii) An original registration must be carried in each vehicle at all times.
7        (b) Original registration cards for trailers or semitrailers may be carried in the power unit.
8        (c) (i) In lieu of a permanent registration card or license plate, the division may issue one
9    temporary permit authorizing operation of new or unlicensed vehicles until the permanent
10    registration is completed.
11        (ii) Once a temporary permit is issued, the registration process may not be cancelled.
12    Registration must be completed and the fees and any property tax or in lieu fee due must be paid
13    for the vehicle for which the permit was issued.
14        (iii) Temporary permits may not be issued for renewals.
15        (d) (i) The division shall issue one distinctive license plate that displays the letters APP
16    for apportioned vehicles.
17        (ii) The plate must be displayed on the front of the power unit or on the rear of the trailer,
18    as appropriate.
19        (iii) Distinctive decals displaying the word "apportioned" and the month and year of
20    expiration shall be issued for each apportioned vehicle.
21        (e) A nonrefundable administrative fee, determined by the Tax Commission pursuant to
22    Section 63-38-3.2, shall be charged for each temporary permit, registration, or both.
23        (6) Vehicles that are apportionally registered are fully registered for intrastate and
24    interstate movements, providing the proper interstate and intrastate authority has been secured.
25        (7) (a) Vehicles added to an apportioned fleet after the beginning of the registration year
26    shall be registered by applying the quotient under Subsection (3)(a) for the original application to
27    the fees due for the remainder of the registration year.
28        (b) (i) The owner shall maintain and submit complete annual mileage for each vehicle in
29    each jurisdiction, showing all miles operated by the lessor and lessee.
30        (ii) The fiscal mileage reporting period begins July 1, and continues through June 30 of
31    the year immediately preceding the calendar year in which the registration year begins.

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1        (c) (i) An owner-operator, who is a lessor, may be the registrant and the vehicle may be
2    registered in the name of the owner-operator.
3        (ii) The identification plates and registration card shall be the property of the lessor and
4    may reflect both the owner-operator's name and that of the carrier as lessee.
5        (iii) The allocation of fees shall be according to the operational records of the
6    owner-operator.
7        (d) (i) The lessee may be the registrant of a leased vehicle at the option of the lessor.
8        (ii) If a lessee is the registrant of a leased vehicle, both the lessor's and lessee's name shall
9    appear on the registration.
10        (iii) The allocation of fees shall be according to the records of the carrier.
11         (8) (a) Any registrant whose application for apportioned registration has been accepted
12    shall preserve the records on which the application is based for a period of three years after the
13    close of the registration year.
14        (b) The records shall be made available to the division upon request for audit as to
15    accuracy of computations, payments, and assessments for deficiencies, or allowances for credits.
16        (c) An assessment for deficiency or claim for credit may not be made for any period for
17    which records are no longer required.
18        (d) Interest in the amount prescribed by Section 59-1-402 shall be assessed or paid from
19    the date due until paid on deficiencies found due after audit.
20        (e) Registrants with deficiencies are subject to the penalties under Section 59-1-401.
21        (f) The division may enter into agreements with other International Registration Plan
22    jurisdictions for joint audits.
23        (9) All state fees collected shall be deposited in the Transportation Fund.
24        (10) If registration is for less than a full year, fees for apportioned registration shall be
25    assessed according to Section 41-1a-1207.
26        (a) (i) If the registrant is replacing a vehicle for one withdrawn from the fleet and the new
27    vehicle is of the same weight category as the replaced vehicle, the registrant must file a
28    supplemental application.
29        (ii) A registration card that transfers the license plate to the new vehicle shall be issued.
30        (iii) When a replacement vehicle is of greater weight than the replaced vehicle, additional
31    registration fees are due.

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1        (b) If a vehicle is withdrawn from an apportioned fleet during the period for which it is
2    registered, the registrant shall notify the division and surrender the registration card and license
3    plate of the withdrawn vehicle.
4        (11) (a) An out-of-state carrier with an apportionally registered vehicle who has not
5    presented a certificate of property tax or in lieu fee as required by Section 41-1a-206 or 41-1a-207,
6    shall pay, at the time of registration, a proportional part of an equalized highway use tax computed
7    as follows:
8        (i) Multiply the number of vehicles or combination vehicles registered in each weight class
9    by the equivalent tax figure from the following table:
10                Vehicle or Combination    Equivalent
11                    Registered Weight     Tax
12                6,000 - 18,000 pounds    $100
13                18,001 - 34,000 pounds     200
14                34,001 - 48,000 pounds     300
15                48,001 - 64,000 pounds     450
16                64,001 pounds and over      600
17        (ii) Multiply the equivalent tax value for the total fleet determined under Subsection (i)
18    by the fraction computed under Subsection (3) for the apportioned fleet for the registration year.
19        (b) Fees shall be assessed as provided in Section 41-1a-1207.
20        (12) (a) Commercial vehicles meeting the registration requirements of another jurisdiction
21    may, as an alternative to full or apportioned registration, secure a temporary registration permit
22    for a period not to exceed 96 hours or until they leave the state, whichever is less, for a fee of $20
23    for a single unit and $40 for multiple units.
24        (b) A state temporary permit or registration fee is not required from nonresident owners
25    or operators of vehicles or combination of vehicles having a gross laden weight of 26,000 pounds
26    or less for each single unit or combination.
27        Section 9. Section 59-2-102 is amended to read:
28         59-2-102. Definitions.
29        As used in this chapter and title:
30        (1) "Aerial applicator" means aircraft or rotorcraft used exclusively for the purpose of
31    engaging in dispensing activities directly affecting agriculture or horticulture with an airworthiness

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1    certificate from the Federal Aviation Administration certifying the aircraft or rotorcraft's use for
2    agricultural and pest control purposes.
3        (2) "Air charter service" means an air carrier operation which requires the customer to hire
4    an entire aircraft rather than book passage in whatever capacity is available on a scheduled trip.
5        (3) "Air contract service" means an air carrier operation available only to customers who
6    engage the services of the carrier through a contractual agreement and excess capacity on any trip
7    and is not available to the public at large.
8        (4) "Airline" means any air carrier operating interstate routes on a scheduled basis which
9    offers to fly passengers or cargo on the basis of available capacity on regularly scheduled routes.
10        (5) "Assessment roll" means a permanent record of the assessment of property as assessed
11    by the county assessor and the commission and may be maintained manually or as a computerized
12    file as a consolidated record or as multiple records by type, classification, or categories.
13        (6) "Certified revenue levy" means a property tax levy that provides the same amount of
14    ad valorem property tax revenue as was collected for the prior year, plus new growth, but exclusive
15    of revenue from collections from redemptions, interest, and penalties.
16        (7) "County-assessed commercial vehicle" means:
17        (a) any commercial vehicle, trailer, or semitrailer which is not apportioned under Section
18    41-1a-301 and is not operated interstate to transport the vehicle owner's goods or property in
19    furtherance of the owner's commercial enterprise;
20        (b) any passenger vehicle owned by a business and used by its employees for
21    transportation as a company car or vanpool vehicle; and
22        (c) vehicles which are:
23        (i) especially constructed for towing or wrecking, and which are not otherwise used to
24    transport goods, merchandise, or people for compensation;
25        (ii) used or licensed as taxicabs or limousines;
26        (iii) used as rental passenger cars, travel trailers, or motor homes;
27        (iv) used or licensed in this state for use as ambulances or hearses;
28        (v) especially designed and used for garbage and rubbish collection; or
29        (vi) used exclusively to transport students or their instructors to or from any private,
30    public, or religious school or school activities.
31        [(7)] (8) (a) "Escaped property" means any property, whether personal, land, or any

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1    improvements to the property, subject to taxation and is:
2        (i) inadvertently omitted from the tax rolls, assigned to the incorrect parcel, or assessed
3    to the wrong taxpayer by the assessing authority;
4        (ii) undervalued or omitted from the tax rolls because of the failure of the taxpayer to
5    comply with the reporting requirements of this chapter; or
6        (iii) undervalued because of errors made by the assessing authority based upon incomplete
7    or erroneous information furnished by the taxpayer.
8        (b) Property which is undervalued because of the use of a different valuation methodology
9    or because of a different application of the same valuation methodology is not "escaped property."
10        [(8)] (9) "Fair market value" means the amount at which property would change hands
11    between a willing buyer and a willing seller, neither being under any compulsion to buy or sell and
12    both having reasonable knowledge of the relevant facts, and includes the adjustment for intangible
13    values under Sections 59-2-304 and 59-2-201 for real property assessed by the county assessor or
14    the commission. For purposes of taxation, "fair market value" shall be determined using the
15    current zoning laws applicable to the property in question, except in cases where there is a
16    reasonable probability of a change in the zoning laws affecting that property in the tax year in
17    question and the change would have an appreciable influence upon the value.
18        [(9)] (10) "Farm machinery and equipment," for purposes of the exemption provided under
19    Section 59-2-1101, means tractors, milking equipment and storage and cooling facilities, feed
20    handling equipment, irrigation equipment, harvesters, choppers, grain drills and planters, tillage
21    tools, scales, combines, spreaders, sprayers, haying equipment, and any other machinery or
22    equipment used primarily for agricultural purposes; but does not include vehicles required to be
23    registered with the Motor Vehicle Division or vehicles or other equipment used for business
24    purposes other than farming.
25        [(10)] (11) "Geothermal fluid" means water in any form at temperatures greater than 120
26    degrees centigrade naturally present in a geothermal system.
27        [(11)] (12) "Geothermal resource" means:
28        (a) the natural heat of the earth at temperatures greater than 120 degrees centigrade; and
29        (b) the energy, in whatever form, including pressure, present in, resulting from, created
30    by, or which may be extracted from that natural heat, directly or through a material medium.
31        [(12)] (13) "Improvements" includes all buildings, structures, fixtures, fences, and

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1    improvements erected upon or affixed to the land, whether the title has been acquired to the land
2    or not. "Improvements" also includes a mobile home as defined in Section 59-2-601, located on
3    land owned by the person who owns the mobile home. For purposes of this subsection "land
4    owned" includes a vendee in possession of the land under a land contract.
5        [(13)] (14) "Intangible value" includes various fees, services, closing costs, and brokerage
6    commissions related to a real property sales transaction.
7        [(14)] (15) "Metalliferous minerals" includes gold, silver, copper, lead, zinc, and uranium.
8        [(15)] (16) "Mine" means a natural deposit of either metalliferous or nonmetalliferous
9    valuable mineral.
10        [(16)] (17) "Mining" means the process of producing, extracting, leaching, evaporating,
11    or otherwise removing a mineral from a mine.
12        [(17)] (18) "Nonmetalliferous minerals" includes, but is not limited to, oil, gas, coal, salts,
13    sand, rock, gravel, and all carboniferous materials.
14        [(18)] (19) "Personal property" includes:
15        (a) every class of property as defined in Subsection [(19)] (20) which is the subject of
16    ownership and not included within the meaning of the terms "real estate" and "improvements";
17        (b) gas and water mains and pipes laid in roads, streets, or alleys;
18        (c) bridges and ferries; and
19        (d) livestock which, for the purposes of the exemption provided under Section 59-2-1112,
20    means all domestic animals, honeybees, poultry, fur-bearing animals, and fish.
21        [(19)] (20) "Property" means property which is subject to assessment and taxation
22    according to its value, but does not include moneys, credits, bonds, stocks, representative property,
23    franchises, goodwill, copyrights, patents, or other intangibles.
24        [(20)] (21) "Public utility," for purposes of this chapter, means the operating property of
25    a railroad, gas corporation, oil or gas transportation or pipeline company, coal slurry pipeline
26    company, electrical corporation, telephone corporation, sewerage corporation, or heat corporation
27    where the company performs the service for, or delivers the commodity to, the public generally
28    or companies serving the public generally, or in the case of a gas corporation or an electrical
29    corporation, where the gas or electricity is sold or furnished to any member or consumers within
30    the state for domestic, commercial, or industrial use. Public utility also means the operating
31    property of any entity or person defined under Section 54-2-1 except water corporations.

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1        [(21)] (22) "Real estate or property" includes:
2        (a) the possession of, claim to, ownership of, or right to the possession of land;
3        (b) all mines, minerals, and quarries in and under the land, all timber belonging to
4    individuals or corporations growing or being on the lands of this state or the United States, and all
5    rights and privileges appertaining to these; and
6        (c) improvements.
7        [(22)] (23) "Residential property," for the purposes of the reductions and adjustments
8    under this chapter, means any property used for residential purposes as a primary residence. It
9    does not include property used for transient residential use or condominiums used in rental pools.
10        (24) (a) "State-assessed commercial vehicle" means:
11        (i) any commercial vehicle, trailer, or semitrailer which operates interstate or intrastate to
12    transport passengers, freight, merchandise, or other property for hire; or
13        (ii) any commercial vehicle, trailer, or semitrailer which operates interstate and transports
14    the vehicle owner's goods or property in furtherance of the owner's commercial enterprise.
15        (b) "State-assessed commercial vehicle" does not include vehicles used for hire which are
16    specified in Subsection (7)(c) as county-assessed commercial vehicles.
17        [(23)] (25) "Taxable value" means fair market value less any applicable reduction allowed
18    for residential property under Section 59-2-103.
19        [(24)] (26) "Taxing entity" means any county, city, town, school district, special taxing
20    district, or any other political subdivision of the state with the authority to levy a tax on property.
21        [(25)] (27) "Tax roll" means a permanent record of the taxes charged on property, as
22    extended on the assessment roll and may be maintained on the same record or records as the
23    assessment roll or may be maintained on a separate record properly indexed to the assessment roll.
24    It includes tax books, tax lists, and other similar materials.
25        Section 10. Section 59-2-201 is amended to read:
26         59-2-201. Assessment by commission -- Determination of value of mining property
27     -- Notification of assessment -- Local assessment of property assessed by the unitary method.
28        (1) By May 1 of each year the following property, unless otherwise exempt under the Utah
29    Constitution or under Part 11 of this chapter, shall be assessed by the commission at 100% of fair
30    market value, as valued on January 1, in accordance with this chapter:
31        (a) except as provided in Subsection (2), all property which operates as a unit across

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1    county lines, if the values must be apportioned among more than one county or state;
2        (b) all property of public utilities;
3        (c) all operating property of an airline, air charter service, and air contract service;
4        (d) all geothermal fluids and geothermal resources;
5        (e) all mines and mining claims except in cases, as determined by the commission, where
6    the mining claims are used for other than mining purposes, in which case the value of mining
7    claims used for other than mining purposes shall be assessed by the assessor of the county in which
8    the mining claims are located; and
9        (f) all machinery used in mining, all property or surface improvements upon or
10    appurtenant to mines or mining claims. For the purposes of assessment and taxation, all
11    processing plants, mills, reduction works, and smelters which are primarily used by the owner of
12    a mine or mining claim for processing, reducing, or smelting minerals taken from a mine or mining
13    claim shall be considered appurtenant to that mine or mining claim, regardless of actual location.
14        (2) The commission shall assess and collect property tax on state-assessed commercial
15    vehicles at the time of original registration or annual renewal.
16        (a) The commission shall assess and collect property tax annually on state-assessed
17    commercial vehicles which are registered pursuant to Section 41-1a-222 or 41-1a-228.
18        (b) State-assessed commercial vehicles brought into the state which are required to be
19    registered in Utah shall, as a condition of registration, be subject to ad valorem tax unless all
20    property taxes or fees imposed by the state of origin have been paid for the current calendar year.
21        (c) Real property, improvements, equipment, fixtures, or other personal property in this
22    state owned by the company shall be assessed separately by the local county assessor.
23        (d) The commission shall adjust the value of state-assessed commercial vehicles as
24    necessary to comply with Title 49, Section 11503a of the United States Code, and the commission
25    shall direct the county assessor to apply the same adjustment to any personal property, real
26    property, or improvements owned by the company and used directly and exclusively in their
27    commercial vehicle activities.
28        [(2)] (3) The method for determining the fair market value of productive mining property
29    is the capitalized net revenue method or any other valuation method the commission believes, or
30    the taxpayer demonstrates to the commission's satisfaction, to be reasonably determinative of the
31    fair market value of the mining property. The rate of capitalization applicable to mines shall be

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1    determined by the commission, consistent with a fair rate of return expected by an investor in light
2    of that industry's current market, financial, and economic conditions. In no event may the fair
3    market value of the mining property be less than the fair market value of the land, improvements,
4    and tangible personal property upon or appurtenant to the mining property.
5        [(3) From January 1, 1991, to December 31, 1993, when determining the fair market value
6    of the properties listed in Subsection (1), the commission should recognize and take into account
7    that the effects of intangible values on real property may lessen the amount that may be received
8    in a particular sales transaction, and may deduct up to 5% of the value of the real property to adjust
9    for intangible values. The Legislature finds that intangible values are not normally present in a
10    personal property sales transaction and do not lessen the amount received in a sales transaction
11    involving personal property.]
12        (4) Immediately following the assessment, the owner or operator of the assessed property
13    shall be notified of the assessment. The assessor of the county in which the property is located
14    shall also be immediately notified of the assessment.
15        (5) Property assessed by the unitary method, which is not necessary to the conduct and
16    does not contribute to the income of the business as determined by the commission, shall be
17    assessed separately by the local county assessor.
18        Section 11. Section 59-2-203 is amended to read:
19         59-2-203. Record of assessment of railroads and other companies -- Review by
20     county assessor.
21        (1) Each year the commission shall prepare a record of assessment of railroads and [other]
22    rail car companies. The record shall include [each assessment, except assessments of mines, made
23    by the commission, and the apportionment of assessment to each county. The record shall
24    include]:
25        (a) the name of the person to whom the property was assessed;
26        (b) the number of miles in the state;
27        (c) the number of miles in each county;
28        (d) the total assessment of that property; and
29        (e) the amount of the apportionment of the total assessment to each county.
30        (2) At least quarterly, the commission shall prepare a record of assessment of
31    state-assessed commercial vehicles.

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1        [(2)] (3) The record of the assessment and the information upon which the assessments and
2    apportionments are made are available for review upon request by a county assessor.
3        Section 12. Section 59-2-302 is amended to read:
4         59-2-302. Basis of property taxation for political subdivision.
5        The assessments made by:
6        (1) the county assessor, as equalized by the county board of equalization and the
7    commission; and
8        (2) the commission, as apportioned to each county, city, town, school, road, or other
9    district in their respective counties, are the only basis of property taxation for political subdivisions
10    of the state.
11        Section 13. Section 59-2-327 is amended to read:
12         59-2-327. Taxes charged to county treasurer.
13        The county auditor shall deliver the assessment roll, with the taxes extended, all orders of
14    the county board of equalization and commission posted and all relief granted, prior to the time
15    prescribed in Section 59-2-1317 for mailing the original tax notice, to the county treasurer,
16    together with a report of the accumulated total which shall be considered a preliminary taxes
17    charged amount. On delivering the corrected assessment roll to the county treasurer, under Section
18    59-2-326, the county auditor shall charge the treasurer with the full amount of taxes levied, except
19    the taxes of rail car companies and [automobiles, motor stages, motor transports, and trailers
20    employed in common-carrier business] state-assessed commercial vehicles, in an account
21    established for the purpose. The county auditor shall either report the final taxes charged or report
22    the adjustments in taxable value and tax amounts from the preliminary taxes charged amount to
23    the county treasurer for use in settling with all taxing entities under Section 59-2-1365.
24        Section 14. Section 59-2-402 is amended to read:
25         59-2-402. Proportional assessment of transitory personal property brought from
26     outside state -- Exemptions -- Reporting requirements -- Penalty for failure to file report --
27     Claims for rebates and adjustments.
28        (1) If any taxable transitory personal property, other than property exempted under
29    Subsection (2), is brought into the state at any time after the assessment date, a proportional
30    assessment shall be made in accordance with rules adopted by the commission based upon the
31    length of time that the property is in the state, but in no event may the minimum assessment be less

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1    than 25% of the full year's assessment.
2        (2) The following property is exempt from proportional assessment under Subsection (1)
3    for the year in which the license fee or tax is paid:
4        (a) property acquired during the calendar year;
5        (b) registered motor vehicles with a gross laden weight of 27,000 pounds or less;
6        (c) vehicles that are registered and licensed in another state; [and]
7        (d) property subject to the provisions of Subsection 59-2-405(4); and
8        (e) state-assessed commercial vehicles.
9        (3) If any taxable transitory personal property is brought into the state at any time during
10    the year, the owner of the property, or the owner's agent, shall immediately secure a personal
11    property report form from the assessor, complete it in all pertinent respects, sign it, and file it with
12    the assessor of the county in which the property is located.
13        (4) If the owner of the taxable transitory personal property, or the owner's agent, fails to
14    secure, complete, and file a personal property report form with the county assessor, the assessor
15    shall estimate the value of the property in accordance with Section 59-2-307. Any failure on the
16    part of the owner or agent to report as required by this subsection subjects the property owner to
17    a penalty of 50% of the amount of tax finally determined to be due.
18        (5) An owner of taxable transitory personal property, except motor vehicles with a gross
19    laden weight of 27,000 pounds or less, who has paid taxes on the personal property and who
20    removes the property from the state prior to December, is entitled to a rebate of a proportionate
21    share of the taxes paid as determined by the commission. If a claim for rebate or adjustments is
22    filed with the county auditor by December 10, the auditor shall immediately submit the claim with
23    a recommendation to the county executive for its approval or denial. If the claim is not approved
24    prior to the end of the calendar year, or within 30 days after its submission, or if the claim is
25    submitted after December 10, it shall be considered denied, and the owners of the property may
26    file an action in the district court for a refund or an adjustment.
27        Section 15. Section 59-2-403 is amended to read:
28         59-2-403. Assessment of interstate state-assessed commercial vehicles --
29     Apportionment.
30        When assessing [contract, private, and exempt carriers] state-assessed commercial vehicles
31    covering interstate routes, the [county assessor] commission shall apportion the assessment for the

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1    rolling stock used in interstate commerce at the same percentage ratio that has been filed with the
2    [Prorate Department of the] Motor Vehicle Division of the commission for determining the
3    proration of registration fees.
4        Section 16. Section 59-2-405 is amended to read:
5         59-2-405. Uniform fee on tangible personal property required to be registered with
6     the state.
7        (1) The property described in Subsection (2), except (2)(b) and (c), is exempt from ad
8    valorem property taxes pursuant to Utah Constitution Article XIII, Section 14.
9        (2) There is levied [in lieu of the ad valorem tax] an annual statewide uniform fee in lieu
10    of the ad valorem tax based on the value of motor vehicles, watercraft, recreational vehicles, and
11    all other tangible personal property required to be registered with the state before it is used on a
12    public highway, on a public waterway, on public land, or in the air. The following personal
13    property is exempt from the statewide uniform fee imposed by this section:
14        (a) aircraft;
15        (b) vintage vehicles as defined in Section 41-21-1;
16        (c) [interstate motor carriers entitled to protection under Title 49, Section 11503a of the
17    United States Code] state-assessed commercial vehicles; and
18        (d) personal property that is exempt from state or county ad valorem property taxes under
19    the laws of this state or of the federal government.
20        (3) The uniform fee is 1.7% of the fair market value of the personal property, as
21    established by the commission.
22        (4) Notwithstanding Section 59-2-407, property subject to the uniform fee that is brought
23    into the state and is required to be registered in Utah shall, as a condition of registration, be subject
24    to the uniform fee unless all property taxes or uniform fees imposed by the state of origin have
25    been paid for the current calendar year.
26        (5) (a) The revenues collected in each county from the uniform fee shall be distributed by
27    the county to each taxing entity in which the property described in Subsection (2) is located in the
28    same proportion in which revenue collected from ad valorem real property tax is distributed.
29        (b) Each taxing entity shall distribute the revenues received under Subsection (5)(a) in the
30    same proportion in which revenue collected from ad valorem real property tax is distributed.
31        (6) Appeals of the valuation of the tangible personal property described in Subsection (2)

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1    shall be filed pursuant to Section 59-2-1005.
2        Section 17. Section 59-2-801 is amended to read:
3         59-2-801. Apportionment of property assessed by commission.
4        (1) After all objections are heard and disposed of and before May 25 of each year, the
5    commission shall apportion the total assessment of all property assessed by it to the several tax
6    areas as follows:
7        [(1)] (a) all property of public utilities, except the rolling stock, and all property of
8    pipeline, power, canal, and irrigation companies, to each tax area through which the public utility,
9    pipeline, power, canal, or irrigation company operates, in proportion to its value in each tax area;
10        [(2)] (b) the rolling stock of all railroads and street railroads, except the rolling stock
11    included in Subsection [(3)] (2), to the tax areas through which railroads operate, in the proportion
12    which the length of the main tracks, sidetracks, passing tracks, switches, and tramways of those
13    railroads in each tax area bears to the total length of the main tracks, passing tracks and sidetracks,
14    switches, and tramways in the state, with rolling stock of standard and narrow gauge railroads
15    apportioned to their standard and narrow gauge lines, respectively;
16        [(3) the combined rolling stock of all automobiles, motor stages, motor transports, and
17    trailers employed in a common-carrier business by a public utility over principal routes, to the tax
18    areas into or through which the principal routes extend in the proportion which the length of the
19    principal routes within each tax area bears to the total length of the principal routes of the public
20    utilities within the state as determined by the commission;]
21        [(4)] (c) the property of car companies, to the several tax areas in which railroads are
22    operated, in the proportion which the length of main tracks, passing tracks, sidetracks, switches,
23    and tramways of all railroads in each tax area bears to the total length of the main tracks, passing
24    tracks, sidetracks, switches, and tramways of all railroads in the state; and
25        [(5)] (d) the assessment of all mines and mining claims and properties respectively to the
26    tax area in which the mines or mining claims and properties assessed are located.
27        (2) State-assessed commercial vehicles shall be taxed at a statewide average rate which
28    is calculated from the overall county average tax rates from the preceding year, exclusive of the
29    property subject to the statewide uniform fee, weighted by lane miles of principal routes in each
30    county. The commission shall adopt rules to define "principal routes."
31        (3) The combined revenue from all state-assessed commercial vehicles shall be

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1    apportioned to the counties based on:
2        (a) 40% by the percentage of lane miles of principal routes within each county as
3    determined by the commission; and
4        (b) 60% by the percentage of total state-assessed vehicles having business situs in each
5    county.
6        (4) At least quarterly, the commission shall apportion the total taxes paid on state-assessed
7    commercial vehicles to the counties.
8        (5) Each county shall apportion its share of the revenues to the taxing entities within its
9    boundaries in the same proportion as other real and personal and other state-assessed property
10    values.
11        Section 18. Section 59-2-1307 is amended to read:
12         59-2-1307. Entries of tax payments made on rail cars or state-assessed commercial
13     vehicles.
14        (1) The commission [shall], upon apportionment of the property of rail car companies and
15    [of the owners of automobiles, motor stages, motor transports, and trailers employed in
16    common-carrier business] state-assessed commercial vehicles, shall proceed to collect the taxes
17    from the owners of the property, and shall furnish each owner, by mail postage prepaid, a notice
18    of the amount of the tax assessed against it, when and where payable, when delinquent, and the
19    penalty provided by law.
20        (a) The commission shall remit taxes collected from owners of state-assessed commercial
21    vehicles to each county treasurer at least quarterly.
22        (b) On or before the first Monday in January following in each year, the commission shall
23    remit to the state treasurer [the] all other taxes collected and due the state, and to each county the
24    taxes collected and due to it and to the various taxing entities included in the county. The state
25    treasurer and the treasurers of the several taxing entities shall make proper entries in their records
26    of the receipt of the taxes.
27        (2) All railroads doing business in this state shall furnish the commission with any
28    information required by the commission, within the knowledge of the railroad companies, which
29    will aid the commission in the collection of taxes from rail car companies.
30        Section 19. Section 59-2-1308 is amended to read:
31         59-2-1308. Property assessed by commission -- Collection procedures -- Exceptions.

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1        (1) Property assessed by the commission, except the rolling stock of rail car companies
2    and [automobiles, motor stages, motor transports, and trailers employed in a common-carrier
3    business] state-assessed commercial vehicles, shall be collected, billed, and payment enforced in
4    the manner provided for the collection, billing, and enforcement of other general property taxes
5    under this chapter.
6        (2) If the county treasurer finds that a person liable for the payment of ad valorem tax
7    which is assessed by the commission under Section 59-2-201, except upon the assessment of the
8    rolling stock of rail car companies and [of automobiles, motor stages, motor transports, and trailers
9    employed in a common-carrier business] state-assessed commercial vehicles, gives any indication
10    of either departing from this state, or removing the person's property from this state, or doing any
11    other act which may prejudice or hinder the collection process for any assessment period, the
12    county treasurer may declare any ad valorem tax liability immediately due and payable. If the tax
13    is not paid as provided in this chapter, the collection shall be made by the county treasurer in the
14    same manner as is provided for the collection of delinquent taxes under Sections 59-2-1302 and
15    59-2-1303 for personal property and Section 59-2-1331 for all other property, including personal
16    property listed with real property under Section 59-2-1302. The provisions under Sections
17    59-2-1302 and 59-2-1303 apply to assessment by the commission or the county assessor, except
18    the rolling stock of rail car companies and [automobiles, motor stages, motor transports, and
19    trailers employed in a common-carrier business] state-assessed commercial vehicles.
20        Section 20. Section 59-2-1309 is amended to read:
21         59-2-1309. Publication by commission -- Seizure and sale -- Redemption --
22     Distribution of proceeds.
23        (1) (a) On or before December 15 of each year, the commission shall publish in a
24    newspaper having general circulation in the state a list of the delinquent rail car companies and [of
25    the owners of automobiles, motor transports, stages, and trailers employed in a common-carrier
26    business over principal routes, the value of which is required to be apportioned to the several
27    counties according to the length of the principal routes] state-assessed commercial vehicles. The
28    list shall contain the names of the owners, when known, and a general description of the property
29    assessed as to which the taxes are delinquent, and the amount of the delinquent taxes. The
30    commission shall publish with the list a notice that unless the delinquent taxes, together with the
31    penalty, are paid before December 21, the property of the delinquent or so much of it as may be

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1    necessary to pay the amount of the taxes, penalty, and interest at the rate prescribed in Section
2    59-1-402 from December 31 to the date of sale, shall be seized and sold for taxes, interest, and
3    costs, the sale to be made at any time and place at the discretion of the commission. The
4    provisions of law governing the seizure and sale by county treasurers of personal property for
5    delinquent taxes shall apply to sales made by the commission under this section, except that notice
6    of the time and place of the sale shall be given by publication in a newspaper of general circulation
7    in the state.
8        (2) Property seized by the commission pursuant to this section may be redeemed, at any
9    time prior to the sale, by payment of the full amount of taxes due from the delinquent together with
10    all penalties, interest, and the costs then accrued.
11        (3) All sums collected by the commission upon the sale or redemption of property pursuant
12    to this section shall be immediately distributed as follows:
13        (a) all interest, penalties, and costs to the appropriate county treasurer; and
14        (b) any excess over the taxes, penalties, interest, and cost shall be deposited with the state
15    treasurer subject to the order of the owner of the property sold, or the owner's heirs or assigns.
16        Section 21. Retrospective operation.
17        This act has retrospective operation to January 1, 1997.

Legislative Review Note
    as of 1-7-97 11:41 AM

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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