First Substitute H.B. 261

Representative Derek E. Brown proposes the following substitute bill:

1 AMENDMENTS TO TRANSPORTATION PROVISIONS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Derek E. Brown
5 Senate Sponsor: Wayne L. Niederhauser
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Transportation Code by amending provisions relating to aircraft
10 registrations.
11 Highlighted Provisions:
12 This bill:
13 . requires the Tax Commission to annually provide the Utah Division of Aeronautics
14 a list of all aircraft registered in this state;
15 . requires an interim committee designated by the Legislative Management
16 Committee to:
17 . hear reports from the Department of Transportation and the Tax Commission on
18 aircraft based within the state and aircraft registrations within the state; and
19 . study the progress and results of updating the information contained in the
20 statewide database of all aircraft based within the state and the compliance rates
21 for aircraft registrations for aircraft that are based within the state.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None

26 Utah Code Sections Affected:
27 AMENDS:
28 72-10-110, as last amended by Laws of Utah 2009, Chapters 226 and 358
29 Uncodified Material Affected:
30 ENACTS UNCODIFIED MATERIAL
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 72-10-110 is amended to read:
34 72-10-110. Aircraft registration information requirements -- Registration fee --
35 Administration -- Partial year registration.
36 (1) All applications for aircraft registration shall contain:
37 (a) a description of the aircraft, including:
38 (i) the manufacturer or builder;
39 (ii) the aircraft registration number, type, year of manufacture, or if an experimental
40 aircraft, the year the aircraft was completed and certified for air worthiness by an inspector of
41 the Federal Aviation Administration; and
42 (iii) gross weight;
43 (b) the name and address of the owner of the aircraft; and
44 (c) where the aircraft is located, or the address where the aircraft is usually used or
45 based.
46 (2) (a) Except as provided in Subsection (3), at the time application is made for
47 registration or renewal of registration of an aircraft under this chapter, an annual registration
48 fee of 0.4% of the average wholesale value of the aircraft shall be paid.
49 (b) For purposes of calculating the value of the aircraft under Subsection (2)(a) or
50 (3)(d), the Tax Commission shall use the average wholesale value as stated in the Aircraft
51 Bluebook Price Digest.
52 (3) (a) Notwithstanding Subsection (2), the following aircraft shall pay an annual
53 registration fee of $100:
54 (i) an aircraft not listed in the Aircraft Bluebook Price Digest; or
55 (ii) an experimental aircraft.
56 (b) Notwithstanding Subsection (2), an aircraft 50 years or older shall pay the lesser of:

57 (i) $100; or
58 (ii) the uniform fee provided for under Subsection (2)(a).
59 (c) Notwithstanding Subsection (2), an aircraft that does not have a valid airworthiness
60 certificate for a period of six months or more:
61 (i) may not apply for a certificate of registration required under Section 72-10-109 ; and
62 (ii) is exempt from paying a registration fee until the aircraft has a valid airworthiness
63 certificate.
64 (d) Notwithstanding Subsection (2), an aircraft shall pay an annual registration fee of
65 .25% of the average wholesale value of the aircraft if:
66 (i) used by an air charter service for air charter; and
67 (ii) owned by a person other than the air charter service.
68 (4) (a) The Tax Commission shall provide a registration card to an owner of an aircraft
69 if:
70 (i) the owner complies with the registration requirements of this section; and
71 (ii) the owner of the aircraft states that the aircraft has a valid airworthiness certificate.
72 (b) An owner of an aircraft shall carry the registration card in the registered aircraft.
73 (5) The registration fees assessed under this chapter shall be collected by the Tax
74 Commission to be distributed as provided in Subsection (6).
75 (6) After deducting the costs of administering all aircraft registrations under this
76 chapter, the Tax Commission shall deposit all remaining aircraft registration fees in the
77 Aeronautics Restricted Account created by Section 72-2-126 .
78 (7) Aircraft which are registered under this chapter for less than a full calendar year
79 shall be charged a registration fee which is reduced in proportion to the fraction of the calendar
80 year during which the aircraft is registered in this state.
81 (8) (a) The Utah Division of Aeronautics shall maintain a statewide database of all
82 aircraft based within the state.
83 (b) On or before October 1 of each year, the Utah Division of Aeronautics shall
84 provide the Tax Commission with the data the Tax Commission requires from the database
85 described in Subsection (8)(a).
86 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
87 commission may by rule define the contents of the database described in Subsection (8)(a).

88 (d) The Tax Commission shall annually provide the Utah Division of Aeronautics a list
89 of all aircraft registered in this state.
90 (9) The Tax Commission may suspend or revoke a registration if it determines that the
91 required fee has not been paid and the fee is not paid upon reasonable notice and demand.
92 Section 2. Study.
93 (1) During the 2011 interim, the Legislative Management Committee shall designate an
94 appropriate interim committee of the Legislature to study the progress and results of updating
95 the information contained in the statewide database of all aircraft based within the state and the
96 compliance rates for aircraft registrations for aircraft that are based within the state.
97 (2) The Department of Transportation shall report to the designated interim committee
98 on the progress of updating the information contained in the statewide database of all aircraft
99 based within the state maintained by the Division of Aeronautics.
100 (3) The Tax Commission shall report to the designated interim committee on aircraft
101 registration compliance rates for aircraft that are based within the state.
102 (4) The designated interim committee shall:
103 (a) hear the reports required under Subsections (2) and (3); and
104 (b) consider appropriate legislative remedies for increased enforcement of aircraft
105 registration compliance, including providing compensation to airport operators for the costs of
106 disclosing information regarding aircraft that are based within the state to the Division of
107 Aeronautics.