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H.B. 177

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COLLECTION OF UNIFORM MOTOR VEHICLE

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FEES AMENDMENT

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1998 GENERAL SESSION

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STATE OF UTAH

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Sponsor: Don E. Bush

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


1    off-highway vehicles, with the exception of fleet and proportional registration;
2        (ii) title fees for vehicles, mobile homes, manufactured homes, boats, and off-highway
3    vehicles;
4        (iii) plate fees for vehicles;
5        (iv) permit fees; and
6        (v) impound fees.
7        (d) A county may change the election it makes pursuant to Subsection (1)(b) by providing
8    written notice of the change to the commission at least 18 months before the change shall take
9    effect.
10        (2) The contract shall provide that the party contracting to perform services shall:
11        (a) be responsible for the collection of the uniform fee and the applicable Title 41 fees as
12    agreed to in the contract;
13        (b) utilize the documents and forms, guidelines, practices, and procedures that meet the
14    contract specifications;
15        (c) meet the performance standards and comply with applicable training requirements
16    specified in the contract; and
17        (d) be subject to a penalty if performance is below the performance standards specified in
18    the contract.
19        (3) (a) The commission shall recommend a reimbursement fee in accordance with Section
20    63-38-3.2, sufficient to cover the costs of collecting the fees.
21        (b) The reimbursement fee shall be based on one dollar per standard unit and shall be
22    annually adjusted by the commission beginning July 1, 1999.
23        (c) The adjustment shall be equal to any increase in the Consumer Price Index for all urban
24    consumers, prepared by the United States Bureau of Labor Statistics, during the preceding calendar
25    year.
26        (d) The reimbursement fees shall be appropriated by the Legislature.
27        (4) All counties that elect to collect the uniform fee and any other Title 41 fees as provided
28    by contract shall be subject to similar contractual terms.
29        (5) The party performing the collection services by contract shall use appropriate
30    automated systems software and equipment compatible with the system used by the other
31    contracting party in order to ensure the integrity of the current motor vehicle data base and county

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1    tax systems, or successor data bases and systems.
2        (6) If the county elects not to collect the uniform fee and the Title 41 fees, the commission
3    shall:
4        (a) collect the uniform fee and Title 41 fees in each county or regional center as negotiated
5    by the counties with the commission in accordance with the requirements of this section; and
6        (b) provide information to the county in a format and media consistent with the county's
7    requirements.
8        (7) This section shall not limit the authority given to the county in Section 59-2-1302.
9        Section 2. Effective date.
10        This act takes effect on July 1, 1998.




Legislative Review Note
    as of 11-3-97 12:46 PM


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

Office of Legislative Research and General Counsel


Committee Note

The Transportation Interim Committee recommended this bill.

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