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H.B. 133 Enrolled
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7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to motor vehicle registrations.
10 Highlighted Provisions:
11 This bill:
12 . provides that a person may register a motorcycle or motor vehicle of 12,000 pounds
13 or less gross laden weight for a six-month period that begins on the first day of the
14 calendar month of registration and expires on the last day of the sixth month of
15 registration when the Motor Vehicle Division has implemented the GenTax System;
16 . provides that if the application for renewal of registration is for a six-month
17 registration period, a safety inspection certificate or an emissions inspection
18 certificate issued during the previous eight months may be used to satisfy the safety
19 inspection or emissions requirement;
20 . amends the amount of certain taxes and fees for a six-month registration and the
21 disposition of those fees; and
22 . makes conforming changes.
23 Money Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 This bill takes effect on July 1, 2013.
27 This bill coordinates with S.B. 225, Transportation Revisions, by modifying substantive
28 language and omitting substantive changes.
29 This bill coordinates with H.B. 298, Motor Vehicle Safety Inspection Amendments, by
30 modifying substantive language
31 Utah Code Sections Affected:
32 AMENDS:
33 41-1a-205, as last amended by Laws of Utah 2008, Chapters 36 and 210
34 41-1a-215, as last amended by Laws of Utah 2010, Chapter 295
35 41-1a-215.5, as enacted by Laws of Utah 2006, Chapter 164
36 41-1a-216, as last amended by Laws of Utah 1996, Chapter 81
37 41-1a-1201, as last amended by Laws of Utah 2011, Chapters 189 and 268
38 41-1a-1204, as last amended by Laws of Utah 2007, Chapter 274
39 41-1a-1206, as last amended by Laws of Utah 2011, Chapter 268
40 41-1a-1218, as last amended by Laws of Utah 2007, Chapter 274
41 41-1a-1221, as last amended by Laws of Utah 2011, Chapter 189
42 41-1a-1222, as last amended by Laws of Utah 2008, Chapter 286
43 41-1a-1223, as enacted by Laws of Utah 2010, Chapter 295
44 53-3-905, as last amended by Laws of Utah 2008, Chapter 304
45 59-2-405.1, as last amended by Laws of Utah 2008, Chapter 210
46 59-2-405.2, as last amended by Laws of Utah 2009, Chapter 169
47 63J-1-602.2, as last amended by Laws of Utah 2011, Chapters 189, 284, 303, and 400
48 72-2-118, as last amended by Laws of Utah 2011, Chapter 189
49 72-2-124, as last amended by Laws of Utah 2011, Chapter 189
50 Utah Code Sections Affected by Coordination Clause:
51 41-1a-1201, as last amended by Laws of Utah 2011, Chapters 189 and 268
52 41-1a-1206, as last amended by Laws of Utah 2011, Chapter 268
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54 Be it enacted by the Legislature of the state of Utah:
55 Section 1. Section 41-1a-205 is amended to read:
56 41-1a-205. Safety inspection certificate required for renewal or registration of
57 motor vehicle -- Exemptions.
58 (1) If required in the current year, a safety inspection certificate, as required by Section
59 53-8-205 , or proof of exemption from safety inspection shall be presented at the time of, and as
60 a condition of, registration or renewal of registration of a motor vehicle.
61 (2) (a) Except as provided in Subsections (2)(b), (c), and (d), the safety inspection
62 required under this section may be made no more than two months prior to the renewal of
63 registration.
64 (b) (i) If the title of a used motor vehicle is being transferred, a safety inspection
65 certificate issued for the motor vehicle during the previous two months may be used to satisfy
66 the requirement under Subsection (1).
67 (ii) If the transferor is a licensed and bonded used motor vehicle dealer, a safety
68 inspection certificate issued for the motor vehicle in a licensed and bonded motor vehicle
69 dealer's name during the previous six months may be used to satisfy the requirement under
70 Subsection (1).
71 (c) If the title of a leased vehicle is being transferred to the lessee of the vehicle, a
72 safety inspection certificate issued during the previous six months may be used to satisfy the
73 requirement under Subsection (1).
74 (d) If the motor vehicle is part of a fleet of 101 or more vehicles, the safety inspection
75 required under this section may be made no more than 11 months prior to the renewal of
76 registration.
77 (e) If the application for renewal of registration is for a six-month registration period
78 under Section 41-1a-215.5 , a safety inspection certificate issued during the previous eight
79 months may be used to satisfy the requirement under Subsection (1).
80 (3) (a) The following motor vehicles are exempt from this section:
81 (i) except as provided in Subsection (3)(b), a new motor vehicle when registered the
82 first time, if:
83 (A) a new car predelivery inspection has been made by a dealer;
84 (B) the dealer provides a written disclosure statement listing any known deficiency,
85 existing with the new motor vehicle at the time of delivery, that would cause the motor vehicle
86 to fail a safety inspection given in accordance with Section 53-8-205 ; and
87 (C) the buyer signs the disclosure statement to acknowledge that the buyer has read and
88 understands the listed deficiencies;
89 (ii) a motor vehicle required to be registered under this chapter that bears a dealer plate
90 or other special plate under Title 41, Chapter 3, Part 5, Special Dealer License Plates, except
91 that if the motor vehicle is propelled by its own power and is not being moved for repair or
92 dismantling, the motor vehicle shall comply with Section 41-6a-1601 regarding safe
93 mechanical condition; and
94 (iii) a vintage vehicle as defined in Section 41-21-1 .
95 (b) A street-legal all-terrain vehicle registered in accordance with Section 41-6a-1509
96 is subject to a safety inspection the first time that a person registers an off-highway vehicle as a
97 street-legal all-terrain vehicle.
98 (4) (a) A safety inspection certificate shall be displayed on:
99 (i) all registered commercial motor vehicles with a gross vehicle weight rating of
100 26,000 pounds or more;
101 (ii) a motor vehicle with three or more axles, pulling a trailer, or pulling a trailer with
102 multiple axles;
103 (iii) a combination unit; and
104 (iv) a bus or van for hire.
105 (b) A commercial vehicle under Subsection (4)(a) is exempt from the requirements of
106 Subsection (1).
107 (5) A motor vehicle may be sold and the title assigned to the new owner without a
108 valid safety inspection, but the motor vehicle may not be registered in the new owner's name
109 until the motor vehicle complies with this section.
110 Section 2. Section 41-1a-215 is amended to read:
111 41-1a-215. Staggered registration dates -- Exceptions.
112 (1) (a) Except as provided under Subsections (2) and (3), every vehicle registration,
113 every registration card, and every registration plate issued under this chapter for the first
114 registration of the vehicle in this state, continues in effect for a period of 12 months beginning
115 with the first day of the calendar month of registration and does not expire until the last day of
116 the same month in the following year.
117 (b) If the last day of the registration period falls on a day in which the appropriate state
118 or county offices are not open for business, the registration of the vehicle is extended to
119 midnight of the next business day.
120 (2) The provisions of Subsection (1) do not apply to the following:
121 (a) registration issued to government vehicles under Section 41-1a-221 ;
122 (b) registration issued to apportioned vehicles under Section 41-1a-301 ;
123 (c) multiyear registration issued under Section 41-1a-222 ;
124 (d) lifetime trailer registration issued under Section 41-1a-1206 ;
125 (e) partial year registration issued under Section 41-1a-1207 ;
126 (f) a six-month registration issued under Section 41-1a-215.5 ; or
127 (g) plates issued to a dealer, dismantler, manufacturer, remanufacturer, and transporter
128 under Title 41, Chapter 3, Part 5, Special Dealer License Plates.
129 (3) (a) Upon application of the owner or lessee of a fleet of commercial vehicles not
130 apportioned under Section 41-1a-301 and required to be registered in this state, the State Tax
131 Commission may permit the vehicles to be registered for a registration period commencing on
132 the first day of March, June, September, or December of any year and expiring on the last day
133 of March, June, September, or December in the following year.
134 (b) Upon application of the owner or lessee of a fleet of commercial vehicles
135 apportioned under Section 41-1a-301 and required to be registered in this state, the State Tax
136 Commission may permit the vehicles to be registered for a registration period commencing on
137 the first day of January, April, July, or October of any year and expiring on the last day of
138 March, June, September, or December in the following year.
139 (4) When the expiration of a registration plate is extended by affixing a registration
140 decal to it, the expiration of the decal governs the expiration date of the plate.
141 Section 3. Section 41-1a-215.5 is amended to read:
142 41-1a-215.5. Six-month registration.
143 [
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154 (1) (a) Subject to the requirements of this section, a person may register a motorcycle
155 or motor vehicle [
156 six-month period that begins on the first day of the calendar month of registration and expires
157 on the last day of the sixth month of registration.
158 (b) If the last day of the registration period falls on a day in which the appropriate state
159 or county offices are not open for business, the registration of the vehicle is extended to
160 midnight of the next business day.
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165 (3) The option to register a motorcycle or motor vehicle under this section shall be
166 available to a person when the division:
167 (a) has implemented the division's GenTax system; and
168 (b) at least 30 days before implementing the division's GenTax system as described in
169 Subsection (3)(a), has provided notice in a conspicuous place on the division's website stating:
170 (i) the date the commission will implement the GenTax system; and
171 (ii) that, at the time the commission implements the GenTax system, the option to
172 register a motorcycle or motor vehicle for a six-month registration period will be available.
173 Section 4. Section 41-1a-216 is amended to read:
174 41-1a-216. Renewal of registration.
175 (1) The division may receive applications for registration renewal and issue new
176 registration cards at any time prior to the expiration of the registration, subject to the
177 availability of renewal materials.
178 (2) (a) [
179 shall retain the same expiration month as recorded on the original registration even if the
180 registration has expired[
181 (b) [
182 shall be changed to reflect the renewed registration period.
183 (c) If the application for renewal of registration is for a six-month registration period
184 under Section 41-1a-215.5 , the new registration shall be for a six-month registration period that
185 begins with the first day of the calendar month following the last day of the expiration month
186 of the previous registration period as recorded on the original registration even if the
187 registration has expired.
188 (3) Subsection (2) does not apply if the owner can verify to the satisfaction of the
189 division that the vehicle registration was not renewed prior to its expiration due to the fact that
190 the vehicle was in storage, inoperable, or otherwise out of service.
191 (4) If the registration renewal application is an application generated by the division
192 through its automated system, the owner need not surrender the last registration card or
193 duplicate.
194 Section 5. Section 41-1a-1201 is amended to read:
195 41-1a-1201. Disposition of fees.
196 (1) All fees received and collected under this part shall be transmitted daily to the state
197 treasurer.
198 (2) Except as provided in Subsections (3), (6), and (7) and Sections 41-1a-422 ,
199 41-1a-1220 , 41-1a-1221 , and 41-1a-1223 all fees collected under this part shall be deposited in
200 the Transportation Fund.
201 (3) Funds generated under Subsections 41-1a-1211 (1)(b)(ii), (6)(b)(ii), and (7) and
202 Section 41-1a-1212 may be used by the commission to cover the costs incurred in issuing
203 license plates under Part 4, License Plates and Registration Indicia.
204 (4) In accordance with Section 63J-1-602.2 , all funds available to the commission for
205 the purchase and distribution of license plates and decals are nonlapsing.
206 (5) (a) Except as provided in [
207 41-1a-1205 , the expenses of the commission in enforcing and administering this part shall be
208 provided for by legislative appropriation from the revenues of the Transportation Fund.
209 (b) Three dollars of the registration fees imposed under Subsections 41-1a-1206 (2)(a)
210 and (b) for each vehicle registered for a six-month registration period under Section
211 41-1a-215.5 may be used by the commission to cover the costs incurred in enforcing and
212 administering this part.
213 (6) (a) Except as provided in [
214 portions of the registration fees imposed under Section 41-1a-1206 for each vehicle shall be
215 deposited in the Centennial Highway Fund Restricted Account created under Section 72-2-118 :
216 (i) $10 of the registration fees imposed under Subsections 41-1a-1206 (1)(a), (1)(b),
217 (1)(f), (2), and (5);
218 (ii) $1 of the registration fees imposed under Subsections 41-1a-1206 (1)(c)(i),
219 (1)(c)(ii), and (1)(d)(ii);
220 (iii) $2 of the registration fee imposed under Subsection 41-1a-1206 (1)(e)(ii);
221 (iv) $3 of the registration fee imposed under Subsection 41-1a-1206 (1)(d)(i); and
222 (v) $4.50 of the registration fee imposed under Subsection 41-1a-1206 (1)(e)(i).
223 (b) When the highway general obligation bonds have been paid off and the highway
224 projects completed that are intended to be paid from revenues deposited in the Centennial
225 Highway Fund Restricted Account as determined by the Executive Appropriations Committee
226 under Subsection 72-2-118 (6)(d), the portions of the registration fees deposited under
227 Subsection (6)(a) for each vehicle shall be deposited in the Transportation Investment Fund of
228 2005 created by Section 72-2-124 .
229 (c) (i) Seven dollars and seventy-five cents of the registration fees imposed under
230 Subsections 41-1a-1206 (2)(a) and (b) for each vehicle registered for a six-month registration
231 period under Section 41-1a-215.5 shall be deposited in the Centennial Highway Fund
232 Restricted Account created under Section 72-2-118 .
233 (ii) When the highway general obligation bonds have been paid off and the highway
234 projects completed that are intended to be paid from revenues deposited in the Centennial
235 Highway Fund Restricted Account as determined by the Executive Appropriations Committee
236 under Subsection 72-2-118 (6)(d), the portions of the registration fees deposited under
237 Subsection (6)(c)(i) for each vehicle shall be deposited in the Transportation Investment Fund
238 of 2005 created by Section 72-2-124 .
239 (7) [
240 registration fees imposed under Section 41-1a-1206 for each vehicle shall be deposited in the
241 Transportation Investment Fund of 2005 created by Section 72-2-124 :
242 [
243 (1)(b), (1)(c), (1)(d)(i), (1)(e)(i), (1)(f), (2)(a), and (5); and
244 [
245 41-1a-1206 (1)(e)(ii).
246 (b) The following portions of the registration fees collected for each vehicle registered
247 for a six-month registration period under Section 41-1a-215.5 shall be deposited in the
248 Transportation Investment Fund of 2005 created by Section 72-2-124 :
249 (i) $15.50 of each registration fee collected under Subsection 41-1a-1206 (2)(a); and
250 (ii) $15.25 of each registration fee collected under Subsection 41-1a-1206 (2)(b).
251 Section 6. Section 41-1a-1204 is amended to read:
252 41-1a-1204. Automobile driver education fee -- Amount -- When paid --
253 Exception.
254 (1) Each year there is levied and shall be paid to the commission the automobile driver
255 education fee.
256 (2) (a) Except as provided in [
257 upon each motor vehicle to be registered[
258 (b) The fee is $2.00 upon each motor vehicle to be registered under Section
259 41-1a-215.5 for a six-month registration period.
260 [
261 (b):
262 (i) a motorcycle registration; and
263 (ii) a registration of a vehicle with a Purple Heart special group license plate issued in
264 accordance with Section 41-1a-421 .
265 Section 7. Section 41-1a-1206 is amended to read:
266 41-1a-1206. Registration fees -- Fees by gross laden weight.
267 (1) Except as provided in [
268 is made for registration or renewal of registration of a vehicle or combination of vehicles under
269 this chapter, a registration fee shall be paid to the division as follows:
270 (a) $42.50 for each motorcycle;
271 (b) $41 for each motor vehicle of 12,000 pounds or less gross laden weight, excluding
272 motorcycles;
273 (c) unless the semitrailer or trailer is exempt from registration under Section 41-1a-202
274 or is registered under Section 41-1a-301 :
275 (i) $31 for each trailer or semitrailer over 750 pounds gross unladen weight; or
276 (ii) $28.50 for each commercial trailer or commercial semitrailer of 750 pounds or less
277 gross unladen weight;
278 (d) (i) $53 for each farm truck over 12,000 pounds, but not exceeding 14,000 pounds
279 gross laden weight; plus
280 (ii) $9 for each 2,000 pounds over 14,000 pounds gross laden weight;
281 (e) (i) $69.50 for each motor vehicle or combination of motor vehicles, excluding farm
282 trucks, over 12,000 pounds, but not exceeding 14,000 pounds gross laden weight; plus
283 (ii) $19 for each 2,000 pounds over 14,000 pounds gross laden weight; and
284 (f) $45 for each vintage vehicle that is less than 40 years old.
285 (2) At the time application is made for registration or renewal of registration of a
286 vehicle under this chapter for a six-month registration period under Section 41-1a-215.5 , a
287 registration fee shall be paid to the division as follows:
288 (a) $32.75 for each motorcycle; and
289 (b) $31.75 for each motor vehicle of 12,000 pounds or less gross laden weight,
290 excluding motorcycles.
291 [
292 is $40.
293 (b) A vintage vehicle that is 40 years old or older is exempt from the renewal of
294 registration fees under Subsection (1).
295 (c) A vehicle with a Purple Heart special group license plate issued in accordance with
296 Section 41-1a-421 is exempt from the registration fees under Subsection (1).
297 [
298 motor vehicle shall register for the total gross laden weight of all units of the combination if the
299 total gross laden weight of the combination exceeds 12,000 pounds.
300 [
301 weight declared in the licensee's application for registration.
302 (b) Gross laden weight shall be computed in units of 2,000 pounds. A fractional part
303 of 2,000 pounds is a full unit.
304 [
305 alternative to registering under Subsection (1)(c), apply for and obtain a special registration and
306 license plate for a fee of $130.
307 [
308 farm truck unless:
309 (a) the truck meets the definition of a farm truck under Section 41-1a-102 ; and
310 (b) (i) the truck has a gross vehicle weight rating of more than 12,000 pounds; or
311 (ii) the truck has a gross vehicle weight rating of 12,000 pounds or less and the owner
312 submits to the division a certificate of emissions inspection or a waiver in compliance with
313 Section 41-6a-1642 .
314 [
315 punished by a fine of not less than $200.
316 [
317 services with a crane lift capacity of five or more tons, are exempt from 50% of the amount of
318 the fees required for those vehicles under this section.
319 Section 8. Section 41-1a-1218 is amended to read:
320 41-1a-1218. Uninsured motorist identification fee for tracking motor vehicle
321 insurance -- Exemption -- Deposit.
322 (1) (a) Except as provided in [
323 application is made for registration or renewal of registration of a motor vehicle under this
324 chapter, the applicant shall pay an uninsured motorist identification fee of $1 on each motor
325 vehicle.
326 (b) Except as provided in Subsection (1)(c), at the time application is made for
327 registration or renewal of registration of a motor vehicle for a six-month registration period
328 under Section 41-1a-215.5 , the applicant shall pay an uninsured motorist identification fee of
329 75 cents on each motor vehicle.
330 [
331 (i) a commercial vehicle registered as part of a fleet under Section 41-1a-222 or
332 Section 41-1a-301 ;
333 (ii) a motor vehicle that is exempt from the registration fee under Section 41-1a-1209
334 or Subsection 41-1a-419 (3); and
335 (iii) a motor vehicle with a Purple Heart special group license plate issued in
336 accordance with Section 41-1a-421 .
337 (2) The revenue generated under this section shall be deposited in the Uninsured
338 Motorist Identification Restricted Account created in Section 41-12a-806 .
339 Section 9. Section 41-1a-1221 is amended to read:
340 41-1a-1221. Fees to cover the cost of electronic payments.
341 (1) As used in this section:
342 (a) "Electronic payment" means use of any form of payment processed through
343 electronic means, including credit cards, debit cards, and automatic clearinghouse transactions.
344 (b) "Electronic payment fee" means the fee assessed to defray:
345 (i) the charge, discount fee, or processing fee charged by credit card companies or
346 processing agents to process an electronic payment; or
347 (ii) costs associated with the purchase of equipment necessary for processing electronic
348 payments.
349 (2) (a) The Motor Vehicle Division may collect an electronic payment fee on all
350 registrations and renewals of registration under Subsections 41-1a-1206 (1)(a), (1)(b), (2)(a),
351 (2)(b), and [
352 (b) The fee described in Subsection (2)(a):
353 (i) shall be imposed regardless of the method of payment for a particular transaction;
354 and
355 (ii) need not be separately identified from the fees imposed for registration and
356 renewals of registration under Subsections 41-1a-1206 (1)(a), (1)(b), (2)(a), (2)(b), and [
357 (3) The division shall establish the fee according to the procedures and requirements of
358 Section 63J-1-504 .
359 (4) A fee imposed under this section:
360 (a) shall be deposited in the Electronic Payment Fee Restricted Account created by
361 Section 41-1a-121 ; and
362 (b) is not subject to Subsection 63J-2-202 (2).
363 Section 10. Section 41-1a-1222 is amended to read:
364 41-1a-1222. Local option highway construction and transportation corridor
365 preservation fee -- Exemptions -- Deposit -- Transfer -- County ordinance -- Notice.
366 (1) (a) (i) [
367 may impose a local option highway construction and transportation corridor preservation fee of
368 up to $10 on each motor vehicle registration within the county.
369 (ii) A county legislative body may impose a local option highway construction and
370 transportation corridor preservation fee of up to $7.75 on each motor vehicle registration for a
371 six-month registration period under Section 41-1a-215.5 within the county.
372 [
373 increments.
374 (b) If imposed under Subsection (1)(a), at the time application is made for registration
375 or renewal of registration of a motor vehicle under this chapter, the applicant shall pay the local
376 option highway construction and transportation corridor preservation fee established by the
377 county legislative body.
378 (c) The following are exempt from the fee required under Subsection (1)(a):
379 (i) a motor vehicle that is exempt from the registration fee under Section 41-1a-1209 or
380 Subsection 41-1a-419 (3);
381 (ii) a commercial vehicle with an apportioned registration under Section 41-1a-301 ;
382 and
383 (iii) a motor vehicle with a Purple Heart special group license plate issued in
384 accordance with Section 41-1a-421 .
385 (2) (a) Except as provided in Subsection (2)(b), the revenue generated under this
386 section shall be:
387 (i) deposited in the Local Transportation Corridor Preservation Fund created in Section
388 72-2-117.5 ;
389 (ii) credited to the county from which it is generated; and
390 (iii) used and distributed in accordance with Section 72-2-117.5 .
391 (b) The revenue generated by a fee imposed under this section in a county of the first
392 class shall be deposited or transferred as follows:
393 (i) 50% of the revenue shall be:
394 (A) deposited in the County of the First Class State Highway Projects Fund created in
395 Section 72-2-121 ; and
396 (B) used in accordance with Section 72-2-121 ;
397 (ii) 20% of the revenue shall be:
398 (A) transferred to the legislative body of a city of the first class:
399 (I) located in a county of the first class; and
400 (II) that has:
401 (Aa) an international airport within its boundaries; and
402 (Bb) a United States customs office on the premises of the international airport
403 described in Subsection (2)(b)(ii)(A)(II)(Aa); and
404 (B) used by the city described in Subsection (2)(b)(ii)(A) for highway construction,
405 reconstruction, or maintenance projects; and
406 (iii) 30% of the revenue shall be deposited, credited, and used as provided in
407 Subsection (2)(a).
408 (3) To impose or change the amount of a fee under this section, the county legislative
409 body shall pass an ordinance:
410 (a) approving the fee;
411 (b) setting the amount of the fee; and
412 (c) providing an effective date for the fee as provided in Subsection (4).
413 (4) (a) If a county legislative body enacts, changes, or repeals a fee under this section,
414 the enactment, change, or repeal shall take effect on July 1 if the commission receives notice
415 meeting the requirements of Subsection (4)(b) from the county prior to April 1.
416 (b) The notice described in Subsection (4)(a) shall:
417 (i) state that the county will enact, change, or repeal a fee under this part;
418 (ii) include a copy of the ordinance imposing the fee; and
419 (iii) if the county enacts or changes the fee under this section, state the amount of the
420 fee.
421 Section 11. Section 41-1a-1223 is amended to read:
422 41-1a-1223. Local emissions compliance fee -- Exemptions -- Transfer -- County
423 ordinance -- Notice.
424 (1) (a) (i) A county legislative body of a county that is required to utilize a motor
425 vehicle emissions inspection and maintenance program or in which an emissions inspection
426 and maintenance program is necessary to attain or maintain any national ambient air quality
427 standard in accordance with Section 41-6a-1642 may impose a local emissions compliance fee
428 of up to:
429 (A) $3 on each motor vehicle registration within the county[
430 registration under Section 41-1a-215 ; or
431 (B) $2.25 on each motor vehicle registration within the county for a six-month
432 registration period under Section 41-1a-215.5 .
433 (ii) A fee imposed under Subsection (1)(a)(i) shall be set in whole dollar increments.
434 (b) If imposed under Subsection (1)(a)(i), at the time application is made for
435 registration or renewal of registration of a motor vehicle under this chapter, the applicant shall
436 pay the local emissions compliance fee established by the county legislative body.
437 (c) The following are exempt from the fee required under Subsection (1)(a)(i):
438 (i) a motor vehicle that is exempt from the registration fee under Section 41-1a-1209 or
439 Subsection 41-1a-419 (3); and
440 (ii) a commercial vehicle with an apportioned registration under Section 41-1a-301 .
441 (2) The revenue generated from the fees collected under this section shall be
442 transferred to the county that imposed the fee.
443 (3) To impose or change the amount of a fee under this section, the county legislative
444 body shall pass an ordinance:
445 (a) approving the fee;
446 (b) setting the amount of the fee; and
447 (c) providing an effective date for the fee as provided in Subsection (4).
448 (4) (a) If a county legislative body enacts, changes, or repeals a fee under this section,
449 the enactment, change, or repeal shall take effect on July 1 if the commission receives notice
450 meeting the requirements of Subsection (4)(b) from the county prior to April 1.
451 (b) The notice described in Subsection (4)(a) shall:
452 (i) state that the county will enact, change, or repeal a fee under this section;
453 (ii) include a copy of the ordinance imposing the fee; and
454 (iii) if the county enacts or changes the fee under this section, state the amount of the
455 fee.
456 Section 12. Section 53-3-905 is amended to read:
457 53-3-905. Dedication of fees.
458 (1) [
459
460
461 as dedicated credits in the Transportation Fund to be used by the division for the program[
462 (a) $5 of the annual registration fee imposed for each registered motorcycle under
463 Subsection 41-1a-1206 (1)(a);
464 (b) $4 of the six-month registration fee imposed for each registered motorcycle under
465 Subsection 41-1a-1206 (2)(a); and
466 (c) $2.50 of the fee imposed under Section 53-3-105 for an original, renewal, or
467 extension of a motorcycle endorsement.
468 (2) Appropriations to the program are nonlapsing.
469 (3) Appropriations may not be used for assistance to, advocacy of, or lobbying for any
470 legislation unless the legislation would enhance or affect the financial status of the program or
471 the program's continuation.
472 Section 13. Section 59-2-405.1 is amended to read:
473 59-2-405.1. Uniform fee on certain vehicles weighing 12,000 pounds or less --
474 Distribution of revenues -- Appeals.
475 (1) The property described in Subsection (2) is exempt from ad valorem property taxes
476 pursuant to Utah Constitution Article XIII, Section 2, Subsection (6).
477 (2) (a) Except as provided in Subsection (2)(b), there is levied as provided in this part a
478 statewide uniform fee in lieu of the ad valorem tax on:
479 (i) motor vehicles as defined in Section 41-1a-102 that:
480 (A) are required to be registered with the state; and
481 (B) weigh 12,000 pounds or less; and
482 (ii) state-assessed commercial vehicles required to be registered with the state that
483 weigh 12,000 pounds or less.
484 (b) The following tangible personal property is exempt from the statewide uniform fee
485 imposed by this section:
486 (i) aircraft;
487 (ii) tangible personal property subject to a uniform fee imposed by:
488 (A) Section 59-2-405 ;
489 (B) Section 59-2-405.2 ; or
490 (C) Section 59-2-405.3 ; and
491 (iii) tangible personal property that is exempt from state or county ad valorem property
492 taxes under the laws of this state or of the federal government.
493 (3) (a) Except as provided in Subsections (3)(b) and (c), beginning on January 1, 1999,
494 the uniform fee for purposes of this section is as follows:
495 | Age of Vehicle | Uniform Fee |
496 | 12 or more years | $10 |
497 | 9 or more years but less than 12 years | $50 |
498 | 6 or more years but less than 9 years | $80 |
499 | 3 or more years but less than 6 years | $110 |
500 | Less than 3 years | $150 |
502 uniform fee for purposes of this section is as follows:
503 | Age of Vehicle | Uniform Fee |
504 | 12 or more years |
[ |
505 | 9 or more years but less than 12 years |
[ |
506 | 6 or more years but less than 9 years |
[ |
507 | 3 or more years but less than 6 years |
[ |
508 | Less than 3 years |
[ |
510 motor vehicle issued a temporary sports event registration certificate in accordance with
511 Section 41-3-306 , the uniform fee for purposes of this section is $5 for the event period
512 specified on the temporary sports event registration certificate regardless of the age of the
513 motor vehicle.
514 (4) Notwithstanding Section 59-2-407 , property subject to the uniform fee that is
515 brought into the state and is required to be registered in Utah shall, as a condition of
516 registration, be subject to the uniform fee unless all property taxes or uniform fees imposed by
517 the state of origin have been paid for the current calendar year.
518 (5) (a) The revenues collected in each county from the uniform fee shall be distributed
519 by the county to each taxing entity in which the property described in Subsection (2) is located
520 in the same proportion in which revenue collected from ad valorem real property tax is
521 distributed.
522 (b) Each taxing entity shall distribute the revenues received under Subsection (5)(a) in
523 the same proportion in which revenue collected from ad valorem real property tax is
524 distributed.
525 Section 14. Section 59-2-405.2 is amended to read:
526 59-2-405.2. Definitions -- Uniform statewide fee on certain tangible personal
527 property -- Distribution of revenues -- Rulemaking authority -- Determining the length of
528 a vessel.
529 (1) As used in this section:
530 (a) (i) Except as provided in Subsection (1)(a)(ii), "all-terrain vehicle" means a motor
531 vehicle that:
532 (A) is an:
533 (I) all-terrain type I vehicle as defined in Section 41-22-2 ; or
534 (II) all-terrain type II vehicle as defined in Section 41-22-2 ;
535 (B) is required to be registered in accordance with Title 41, Chapter 22, Off-Highway
536 Vehicles; and
537 (C) has:
538 (I) an engine with more than 150 cubic centimeters displacement;
539 (II) a motor that produces more than five horsepower; or
540 (III) an electric motor; and
541 (ii) notwithstanding Subsection (1)(a)(i), "all-terrain vehicle" does not include a
542 snowmobile.
543 (b) "Camper" means a camper:
544 (i) as defined in Section 41-1a-102 ; and
545 (ii) that is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
546 Registration.
547 (c) (i) "Canoe" means a vessel that:
548 (A) is long and narrow;
549 (B) has curved sides; and
550 (C) is tapered:
551 (I) to two pointed ends; or
552 (II) to one pointed end and is blunt on the other end; and
553 (ii) "canoe" includes:
554 (A) a collapsible inflatable canoe;
555 (B) a kayak;
556 (C) a racing shell;
557 (D) a rowing scull; or
558 (E) notwithstanding the definition of vessel in Subsection (1)(aa), a canoe with an
559 outboard motor.
560 (d) "Dealer" is as defined in Section 41-1a-102 .
561 (e) "Jon boat" means a vessel that:
562 (i) has a square bow; and
563 (ii) has a flat bottom.
564 (f) "Motor vehicle" is as defined in Section 41-22-2 .
565 (g) "Other motorcycle" means a motor vehicle that:
566 (i) is:
567 (A) a motorcycle as defined in Section 41-1a-102 ; and
568 (B) designed primarily for use and operation over unimproved terrain;
569 (ii) is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
570 Registration; and
571 (iii) has:
572 (A) an engine with more than 150 cubic centimeters displacement; or
573 (B) a motor that produces more than five horsepower.
574 (h) (i) "Other trailer" means a portable vehicle without motive power that is primarily
575 used:
576 (A) to transport tangible personal property; and
577 (B) for a purpose other than a commercial purpose; and
578 (ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
579 purposes of Subsection (1)(h)(i)(B), the commission may by rule define what constitutes a
580 purpose other than a commercial purpose.
581 (i) "Outboard motor" is as defined in Section 41-1a-102 .
582 (j) "Personal watercraft" means a personal watercraft:
583 (i) as defined in Section 73-18-2 ; and
584 (ii) that is required to be registered in accordance with Title 73, Chapter 18, State
585 Boating Act.
586 (k) (i) "Pontoon" means a vessel that:
587 (A) is:
588 (I) supported by one or more floats; and
589 (II) propelled by either inboard or outboard power; and
590 (B) is not:
591 (I) a houseboat; or
592 (II) a collapsible inflatable vessel; and
593 (ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
594 commission may by rule define the term "houseboat."
595 (l) "Qualifying adjustment, exemption, or reduction" means an adjustment, exemption,
596 or reduction:
597 (i) of all or a portion of a qualifying payment;
598 (ii) granted by a county during the refund period; and
599 (iii) received by a qualifying person.
600 (m) (i) "Qualifying payment" means the payment made:
601 (A) of a uniform statewide fee in accordance with this section:
602 (I) by a qualifying person;
603 (II) to a county; and
604 (III) during the refund period; and
605 (B) on an item of qualifying tangible personal property; and
606 (ii) if a qualifying person received a qualifying adjustment, exemption, or reduction for
607 an item of qualifying tangible personal property, the qualifying payment for that qualifying
608 tangible personal property is equal to the difference between:
609 (A) the payment described in this Subsection (1)(m) for that item of qualifying tangible
610 personal property; and
611 (B) the amount of the qualifying adjustment, exemption, or reduction.
612 (n) "Qualifying person" means a person that paid a uniform statewide fee:
613 (i) during the refund period;
614 (ii) in accordance with this section; and
615 (iii) on an item of qualifying tangible personal property.
616 (o) "Qualifying tangible personal property" means a:
617 (i) qualifying vehicle; or
618 (ii) qualifying watercraft.
619 (p) "Qualifying vehicle" means:
620 (i) an all-terrain vehicle with an engine displacement that is 100 or more cubic
621 centimeters but 150 or less cubic centimeters;
622 (ii) an other motorcycle with an engine displacement that is 100 or more cubic
623 centimeters but 150 or less cubic centimeters;
624 (iii) a small motor vehicle with an engine displacement that is 100 or more cubic
625 centimeters but 150 or less cubic centimeters;
626 (iv) a snowmobile with an engine displacement that is 100 or more cubic centimeters
627 but 150 or less cubic centimeters; or
628 (v) a street motorcycle with an engine displacement that is 100 or more cubic
629 centimeters but 150 or less cubic centimeters.
630 (q) "Qualifying watercraft" means a:
631 (i) canoe;
632 (ii) collapsible inflatable vessel;
633 (iii) jon boat;
634 (iv) pontoon;
635 (v) sailboat; or
636 (vi) utility boat.
637 (r) "Refund period" means the time period:
638 (i) beginning on January 1, 2006; and
639 (ii) ending on December 29, 2006.
640 (s) "Sailboat" means a sailboat as defined in Section 73-18-2 .
641 (t) (i) "Small motor vehicle" means a motor vehicle that:
642 (A) is required to be registered in accordance with Title 41, Motor Vehicles; and
643 (B) has:
644 (I) an engine with 150 or less cubic centimeters displacement; or
645 (II) a motor that produces five or less horsepower; and
646 (ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
647 commission may by rule develop a process for an owner of a motor vehicle to certify whether
648 the motor vehicle has:
649 (A) an engine with 150 or less cubic centimeters displacement; or
650 (B) a motor that produces five or less horsepower.
651 (u) "Snowmobile" means a motor vehicle that:
652 (i) is a snowmobile as defined in Section 41-22-2 ;
653 (ii) is required to be registered in accordance with Title 41, Chapter 22, Off-Highway
654 Vehicles; and
655 (iii) has:
656 (A) an engine with more than 150 cubic centimeters displacement; or
657 (B) a motor that produces more than five horsepower.
658 (v) "Street motorcycle" means a motor vehicle that:
659 (i) is:
660 (A) a motorcycle as defined in Section 41-1a-102 ; and
661 (B) designed primarily for use and operation on highways;
662 (ii) is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
663 Registration; and
664 (iii) has:
665 (A) an engine with more than 150 cubic centimeters displacement; or
666 (B) a motor that produces more than five horsepower.
667 (w) "Tangible personal property owner" means a person that owns an item of
668 qualifying tangible personal property.
669 (x) "Tent trailer" means a portable vehicle without motive power that:
670 (i) is constructed with collapsible side walls that:
671 (A) fold for towing by a motor vehicle; and
672 (B) unfold at a campsite;
673 (ii) is designed as a temporary dwelling for travel, recreational, or vacation use;
674 (iii) is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
675 Registration; and
676 (iv) does not require a special highway movement permit when drawn by a
677 self-propelled motor vehicle.
678 (y) (i) Except as provided in Subsection (1)(y)(ii), "travel trailer" means a travel trailer:
679 (A) as defined in Section 41-1a-102 ; and
680 (B) that is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
681 Registration; and
682 (ii) notwithstanding Subsection (1)(y)(i), "travel trailer" does not include:
683 (A) a camper; or
684 (B) a tent trailer.
685 (z) (i) "Utility boat" means a vessel that:
686 (A) has:
687 (I) two or three bench seating;
688 (II) an outboard motor; and
689 (III) a hull made of aluminum, fiberglass, or wood; and
690 (B) does not have:
691 (I) decking;
692 (II) a permanent canopy; or
693 (III) a floor other than the hull; and
694 (ii) notwithstanding Subsection (1)(z)(i), "utility boat" does not include a collapsible
695 inflatable vessel.
696 (aa) "Vessel" means a vessel:
697 (i) as defined in Section 73-18-2 , including an outboard motor of the vessel; and
698 (ii) that is required to be registered in accordance with Title 73, Chapter 18, State
699 Boating Act.
700 (2) (a) In accordance with Utah Constitution Article XIII, Section 2, Subsection (6),
701 beginning on January 1, 2006, the tangible personal property described in Subsection (2)(b) is:
702 (i) exempt from the tax imposed by Section 59-2-103 ; and
703 (ii) in lieu of the tax imposed by Section 59-2-103 , subject to uniform statewide fees as
704 provided in this section.
705 (b) The following tangible personal property applies to Subsection (2)(a) if that
706 tangible personal property is required to be registered with the state:
707 (i) an all-terrain vehicle;
708 (ii) a camper;
709 (iii) an other motorcycle;
710 (iv) an other trailer;
711 (v) a personal watercraft;
712 (vi) a small motor vehicle;
713 (vii) a snowmobile;
714 (viii) a street motorcycle;
715 (ix) a tent trailer;
716 (x) a travel trailer; and
717 (xi) a vessel if that vessel is less than 31 feet in length as determined under Subsection
718 (6).
719 (3) [
720 uniform statewide fees are:
721 (a) for an all-terrain vehicle, an other motorcycle, or a snowmobile:
722 | Age of All-Terrain Vehicle, Other Motorcycle, or Snowmobile | Uniform Statewide Fee | |
723 | 12 or more years | $10 | |
724 | 9 or more years but less than 12 years | $20 | |
725 | 6 or more years but less than 9 years | $30 | |
726 | 3 or more years but less than 6 years | $35 | |
727 | Less than 3 years | $45 |
729 | Age of Camper or Tent Trailer | Uniform Statewide Fee | |
730 | 12 or more years | $10 | |
731 | 9 or more years but less than 12 years | $25 | |
732 | 6 or more years but less than 9 years | $35 | |
733 | 3 or more years but less than 6 years | $50 | |
734 | Less than 3 years | $70 |
736 | Age of Other Trailer | Uniform Statewide Fee | |
737 | 12 or more years | $10 | |
738 | 9 or more years but less than 12 years | $15 | |
739 | 6 or more years but less than 9 years | $20 | |
740 | 3 or more years but less than 6 years | $25 | |
741 | Less than 3 years | $30 |
743 | Age of Personal Watercraft | Uniform Statewide Fee | |
744 | 12 or more years | $10 | |
745 | 9 or more years but less than 12 years | $25 | |
746 | 6 or more years but less than 9 years | $35 | |
747 | 3 or more years but less than 6 years | $45 | |
748 | Less than 3 years | $55 |
750 | Age of Small Motor Vehicle | Uniform Statewide Fee | |
751 | 6 or more years | $10 | |
752 | 3 or more years but less than 6 years | $15 | |
753 | Less than 3 years | $25 |
755 | Age of Street Motorcycle | Uniform Statewide Fee | |
756 | 12 or more years | $10 | |
757 | 9 or more years but less than 12 years | $35 | |
758 | 6 or more years but less than 9 years | $50 | |
759 | 3 or more years but less than 6 years | $70 | |
760 | Less than 3 years | $95 |
762 | Age of Travel Trailer | Uniform Statewide Fee | |
763 | 12 or more years | $20 | |
764 | 9 or more years but less than 12 years | $65 | |
765 | 6 or more years but less than 9 years | $90 | |
766 | 3 or more years but less than 6 years | $135 | |
767 | Less than 3 years | $175 |
769 (i) less than 15 feet in length;
770 (ii) a canoe;
771 (iii) a jon boat; or
772 (iv) a utility boat;
773 (i) for a collapsible inflatable vessel, pontoon, or sailboat, regardless of age:
774 | Length of Vessel | Uniform Statewide Fee | |
775 | 15 feet or more in length but less than 19 feet in length | $15 | |
776 | 19 feet or more in length but less than 23 feet in length | $25 | |
777 | 23 feet or more in length but less than 27 feet in length | $40 | |
778 | 27 feet or more in length but less than 31 feet in length | $75 |
780 sailboat, or utility boat, that is 15 feet or more in length but less than 19 feet in length:
781 | Age of Vessel | Uniform Statewide Fee | |
782 | 12 or more years | $25 | |
783 | 9 or more years but less than 12 years | $65 | |
784 | 6 or more years but less than 9 years | $80 | |
785 | 3 or more years but less than 6 years | $110 | |
786 | Less than 3 years | $150 |
788 sailboat, or utility boat, that is 19 feet or more in length but less than 23 feet in length:
789 | Age of Vessel | Uniform Statewide Fee | |
790 | 12 or more years | $50 | |
791 | 9 or more years but less than 12 years | $120 | |
792 | 6 or more years but less than 9 years | $175 | |
793 | 3 or more years but less than 6 years | $220 | |
794 | Less than 3 years | $275 |
796 sailboat, or utility boat, that is 23 feet or more in length but less than 27 feet in length:
797 | Age of Vessel | Uniform Statewide Fee | |
798 | 12 or more years | $100 | |
799 | 9 or more years but less than 12 years | $180 | |
800 | 6 or more years but less than 9 years | $240 | |
801 | 3 or more years but less than 6 years | $310 | |
802 | Less than 3 years | $400 |
804 sailboat, or utility boat, that is 27 feet or more in length but less than 31 feet in length:
805 | Age of Vessel | Uniform Statewide Fee | |
806 | 12 or more years | $120 | |
807 | 9 or more years but less than 12 years | $250 | |
808 | 6 or more years but less than 9 years | $350 | |
809 | 3 or more years but less than 6 years | $500 | |
810 | Less than 3 years | $700 |
812 section is as follows:
813 (a) for a street motorcycle:
814 | Age of Street Motorcycle | Uniform Statewide Fee | |
815 | 12 or more years | $7.75 | |
816 | 9 or more years but less than 12 years | $27 | |
817 | 6 or more years but less than 9 years | $38.50 | |
818 | 3 or more years but less than 6 years | $54 | |
819 | Less than 3 years | $73 |
821 | Age of Small Motor Vehicle | Uniform Statewide Fee | |
822 | 6 or more years | $7.75 | |
823 | 3 or more years but less than 6 years | $11.50 | |
824 | Less than 3 years | $19.25 |
826 uniform statewide fees imposed by this section that is brought into the state shall, as a
827 condition of registration, be subject to the uniform statewide fees unless all property taxes or
828 uniform fees imposed by the state of origin have been paid for the current calendar year.
829 [
830 imposed by this section shall be distributed by the county to each taxing entity in which each
831 item of tangible personal property subject to the uniform statewide fees is located in the same
832 proportion in which revenues collected from the ad valorem property tax are distributed.
833 (b) Each taxing entity described in Subsection [
834 the uniform statewide fees imposed by this section shall distribute the revenues in the same
835 proportion in which revenues collected from the ad valorem property tax are distributed.
836 [
837 length of a vessel shall be determined as provided in this Subsection [
838 (b) (i) Except as provided in Subsection [
839 measured as follows:
840 (A) the length of a vessel shall be measured in a straight line; and
841 (B) the length of a vessel is equal to the distance between the bow of the vessel and the
842 stern of the vessel.
843 (ii) Notwithstanding Subsection [
844 the length of:
845 (A) a swim deck;
846 (B) a ladder;
847 (C) an outboard motor; or
848 (D) an appurtenance or attachment similar to Subsections [
849 (C) as determined by the commission by rule.
850 (iii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
851 the commission may by rule define what constitutes an appurtenance or attachment similar to
852 Subsections [
853 (c) The length of a vessel:
854 (i) (A) for a new vessel, is the length:
855 (I) listed on the manufacturer's statement of origin if the length of the vessel measured
856 under Subsection [
857 statement of origin; or
858 (II) listed on a form submitted to the commission by a dealer in accordance with
859 Subsection [
860 equal to the length of the vessel listed on the manufacturer's statement of origin; or
861 (B) for a vessel other than a new vessel, is the length:
862 (I) corresponding to the model number if the length of the vessel measured under
863 Subsection [
864 number; or
865 (II) listed on a form submitted to the commission by an owner of the vessel in
866 accordance with Subsection [
867 [
868 number; and
869 (ii) (A) is determined at the time of the:
870 (I) first registration as defined in Section 41-1a-102 that occurs on or after January 1,
871 2006; or
872 (II) first renewal of registration that occurs on or after January 1, 2006; and
873 (B) may be determined after the time described in Subsection [
874 the commission requests that a dealer or an owner submit a form to the commission in
875 accordance with Subsection [
876 (d) (i) A form under Subsection [
877 (A) be developed by the commission;
878 (B) be provided by the commission to:
879 (I) a dealer; or
880 (II) an owner of a vessel;
881 (C) provide for the reporting of the length of a vessel;
882 (D) be submitted to the commission at the time the length of the vessel is determined in
883 accordance with Subsection [
884 (E) be signed by:
885 (I) if the form is submitted by a dealer, that dealer; or
886 (II) if the form is submitted by an owner of the vessel, an owner of the vessel; and
887 (F) include a certification that the information set forth in the form is true.
888 (ii) A certification made under Subsection [
889 under oath and subject to the same penalties as provided by law for perjury.
890 (iii) (A) A dealer or an owner that submits a form to the commission under Subsection
891 [
892 (I) the commission;
893 (II) the county assessor; or
894 (III) the commission and the county assessor.
895 (B) The consent described in Subsection [
896 acceptance of any form.
897 [
898 during the refund period shall issue a refund to the qualifying person as described in Subsection
899 [
900 (i) the difference described in Subsection [
901 (ii) the qualifying person submitted a form in accordance with Subsections [
902 and (d).
903 (b) The refund amount shall be calculated as follows:
904 (i) for a qualifying vehicle, the refund amount is equal to the difference between:
905 (A) the qualifying payment the qualifying person paid on the qualifying vehicle during
906 the refund period; and
907 (B) the amount of the statewide uniform fee:
908 (I) for that qualifying vehicle; and
909 (II) that the qualifying person would have been required to pay:
910 (Aa) during the refund period; and
911 (Bb) in accordance with this section had Laws of Utah 2006, Fifth Special Session,
912 Chapter 3, Section 1, been in effect during the refund period; and
913 (ii) for a qualifying watercraft, the refund amount is equal to the difference between:
914 (A) the qualifying payment the qualifying person paid on the qualifying watercraft
915 during the refund period; and
916 (B) the amount of the statewide uniform fee:
917 (I) for that qualifying watercraft;
918 (II) that the qualifying person would have been required to pay:
919 (Aa) during the refund period; and
920 (Bb) in accordance with this section had Laws of Utah 2006, Fifth Special Session,
921 Chapter 3, Section 1, been in effect during the refund period.
922 (c) Before the county issues a refund to the qualifying person in accordance with
923 Subsection [
924 qualifying person is entitled to the refund.
925 (d) (i) A form under Subsection [
926 (A) be developed by the commission;
927 (B) be provided by the commission to the counties;
928 (C) be provided by the county to the qualifying person or tangible personal property
929 owner;
930 (D) provide for the reporting of the following:
931 (I) for a qualifying vehicle:
932 (Aa) the type of qualifying vehicle; and
933 (Bb) the amount of cubic centimeters displacement;
934 (II) for a qualifying watercraft:
935 (Aa) the length of the qualifying watercraft;
936 (Bb) the age of the qualifying watercraft; and
937 (Cc) the type of qualifying watercraft;
938 (E) be signed by the qualifying person or tangible personal property owner; and
939 (F) include a certification that the information set forth in the form is true.
940 (ii) A certification made under Subsection [
941 under oath and subject to the same penalties as provided by law for perjury.
942 (iii) (A) A qualifying person or tangible personal property owner that submits a form to
943 a county under Subsection [
944 person's consent to an audit or review by:
945 (I) the commission;
946 (II) the county assessor; or
947 (III) the commission and the county assessor.
948 (B) The consent described in Subsection [
949 acceptance of any form.
950 (e) The county shall make changes to the commission's records with the information
951 received by the county from the form submitted in accordance with Subsection [
952 [
953 personal property if the tangible personal property owner submits a form to the county in
954 accordance with Subsection [
955 [
956 property" means a person that was required to pay a uniform statewide fee:
957 (i) during the refund period;
958 (ii) in accordance with this section; and
959 (iii) on an item of tangible personal property subject to the uniform statewide fees
960 imposed by this section.
961 (b) A county that collected revenues from uniform statewide fees imposed by this
962 section during the refund period shall notify an owner of tangible personal property:
963 (i) of the tangible personal property classification changes made to this section
964 pursuant to Laws of Utah 2006, Fifth Special Session, Chapter 3, Section 1;
965 (ii) that the owner of tangible personal property may obtain and file a form to modify
966 the county's records regarding the owner's tangible personal property; and
967 (iii) that the owner may be entitled to a refund pursuant to Subsection [
968 Section 15. Section 63J-1-602.2 is amended to read:
969 63J-1-602.2. List of nonlapsing funds and accounts -- Title 31 through Title 45.
970 (1) Appropriations from the Technology Development Restricted Account created in
971 Section 31A-3-104 .
972 (2) Appropriations from the Criminal Background Check Restricted Account created in
973 Section 31A-3-105 .
974 (3) Appropriations from the Captive Insurance Restricted Account created in Section
975 31A-3-304 , except to the extent that Section 31A-3-304 makes the money received under that
976 section free revenue.
977 (4) Appropriations from the Title Licensee Enforcement Restricted Account created in
978 Section 31A-23a-415 .
979 (5) Appropriations from the Health Insurance Actuarial Review Restricted Account
980 created in Section 31A-30-115 .
981 (6) Appropriations from the Insurance Fraud Investigation Restricted Account created
982 in Section 31A-31-108 .
983 (7) Funding for a new program or agency that is designated as nonlapsing under
984 Section 36-24-101 .
985 (8) Appropriations from the Oil and Gas Conservation Account created in Section
986 40-6-14.5 .
987 (9) Appropriations from the Electronic Payment Fee Restricted Account created by
988 Section 41-1a-121 to the Motor Vehicle Division.
989 (10) Funds available to the Tax Commission under Section 41-1a-1201 for the:
990 (a) purchase and distribution of license plates and decals[
991 (b) administration and enforcement of motor vehicle registration requirements.
992 Section 16. Section 72-2-118 is amended to read:
993 72-2-118. Centennial Highway Fund Restricted Account.
994 (1) There is created a restricted account entitled the Centennial Highway Fund
995 Restricted Account within the Transportation Investment Fund of 2005 created by Section
996 72-2-124 .
997 (2) The account consists of money generated from the following revenue sources:
998 (a) any voluntary contributions received for the construction, major reconstruction, or
999 major renovation of state or federal highways;
1000 (b) appropriations made to the fund by the Legislature;
1001 (c) registration fees designated under [
1002 (d) the sales and use tax amounts provided for in Section 59-12-103 .
1003 (3) (a) The account shall earn interest.
1004 (b) All interest earned on account money shall be deposited into the account.
1005 (4) The executive director may use account money, as prioritized by the Transportation
1006 Commission, only to pay the costs of construction, major reconstruction, or major renovation
1007 to state and federal highways.
1008 (5) When the highway general obligation bonds have been paid off and the highway
1009 projects completed that are intended to be paid from revenues deposited in the account as
1010 determined by the Executive Appropriations Committee under Subsection (6)(d), the Division
1011 of Finance shall transfer any existing balance in the account into the Transportation Investment
1012 Fund of 2005 created by Section 72-2-124 .
1013 (6) (a) The Division of Finance shall monitor the highway general obligation bonds
1014 that are being paid from revenues deposited in the account.
1015 (b) The department shall monitor the highway construction, major reconstruction, or
1016 major renovation projects that are being paid from revenues deposited in the account.
1017 (c) Upon request by the Executive Appropriations Committee of the Legislature:
1018 (i) the Division of Finance shall report to the committee the status of all highway
1019 general obligation bonds that are being paid from revenues deposited in the account; and
1020 (ii) the department shall report to the committee the status of all highway construction,
1021 major reconstruction, or major renovation projects that are being paid from revenues deposited
1022 in the account.
1023 (d) The Executive Appropriations Committee of the Legislature shall notify the State
1024 Tax Commission, the department, and the Division of Finance when:
1025 (i) all highway general obligation bonds that are intended to be paid from revenues
1026 deposited in the account have been paid off; and
1027 (ii) all highway projects that are intended to be paid from revenues deposited in the
1028 account have been completed.
1029 (7) (a) The Division of Finance shall, from funds that are deposited into the Centennial
1030 Highway Fund Restricted Account, transfer into the Transportation Investment Fund of 2005
1031 created by Section 72-2-124 the amount of funds certified by the Transportation Commission
1032 in accordance with Subsection (7)(b) that are not required to pay:
1033 (i) principal, interest, and issuance costs of bonds issued for projects in the Centennial
1034 Highway Program in the current fiscal year; or
1035 (ii) construction or reconstruction costs for projects in the Centennial Highway
1036 Program in the current fiscal year.
1037 (b) The Division of Finance shall transfer the amount under Subsection (7)(a) when the
1038 Division of Finance receives a written letter from the Transportation Commission certifying the
1039 amount of funds available under Subsection (7)(a).
1040 Section 17. Section 72-2-124 is amended to read:
1041 72-2-124. Transportation Investment Fund of 2005.
1042 (1) There is created a special revenue fund entitled the Transportation Investment Fund
1043 of 2005.
1044 (2) The fund consists of money generated from the following sources:
1045 (a) any voluntary contributions received for the maintenance, construction,
1046 reconstruction, or renovation of state and federal highways;
1047 (b) appropriations made to the fund by the Legislature;
1048 (c) the sales and use tax revenues deposited into the fund in accordance with Section
1049 59-12-103 ; and
1050 (d) registration fees designated under [
1051 [
1052
1053
1054
1055
1056 [
1057 [
1058 [
1059 (b) All interest earned on fund money shall be deposited into the fund.
1060 [
1061 use fund money only to pay:
1062 (i) the costs of maintenance, construction, reconstruction, or renovation to state and
1063 federal highways prioritized by the Transportation Commission through the prioritization
1064 process for new transportation capacity projects adopted under Section 72-1-304 ;
1065 (ii) the costs of maintenance, construction, reconstruction, or renovation to the highway
1066 projects described in Subsection 63B-18-401 (2); and
1067 (iii) principal, interest, and issuance costs of bonds authorized by Section 63B-18-401 .
1068 (b) The executive director may use fund money to exchange for an equal or greater
1069 amount of federal transportation funds to be used as provided in Subsection [
1070 [
1071 fiscal year, the department and the commission shall appear before the Executive
1072 Appropriations Committee of the Legislature and present the amount of bond proceeds that the
1073 department needs to provide funding for the projects identified in Subsection 63B-18-401 (2)
1074 for the next fiscal year.
1075 (b) The Executive Appropriations Committee of the Legislature shall review and
1076 comment on the amount of bond proceeds needed to fund the projects.
1077 [
1078 the amount of funds necessary to pay principal, interest, and issuance costs of bonds authorized
1079 by Section 63B-18-401 in the current fiscal year to the appropriate debt service or sinking fund.
1080 Section 18. Effective date.
1081 This bill takes effect on July 1, 2013.
1082 Section 19. Coordinating H.B. 133 with S.B. 225 -- Modifying substantive
1083 language and omitting substantive changes.
1084 If this H.B. 133 and S.B. 225, Transportation Revisions, both pass and become law, the
1085 Legislature intends that the Office of Legislative Research and General Counsel, in preparing
1086 the Utah Code database for publication as of July 1, 2013:
1087 (1) modify Subsection 41-1a-1201 (6) to read as follows:
1088 "(6) (a) The following portions of the registration fees imposed under Section
1089 41-1a-1206 for each vehicle shall be deposited in the Transportation Investment Fund of 2005
1090 created under Section 72-2-124 :
1091 (i) $30 of the registration fees imposed under Subsections 41-1a-1206 (1)(a), (1)(b),
1092 (1)(f), (2), and (5);
1093 (ii) $21 of the registration fees imposed under Subsections 41-1a-1206 (1)(c)(i) and
1094 (1)(c)(ii);
1095 (iii) $2.50 of the registration fee imposed under Subsection 41-1a-1206 (1)(e)(ii);
1096 (iv) $23 of the registration fee imposed under Subsection 41-1a-1206 (1)(d)(i);
1097 (v) $24.50 of the registration fee imposed under Subsection 41-1a-1206 (1)(e)(i); and
1098 (vi) $1 of the registration fee imposed under Subsection 41-1a-1206 (1)(d)(ii).
1099 (b) The following portions of the registration fees collected for each vehicle registered
1100 for a six-month registration period under Section 41-1a-215.5 shall be deposited in the
1101 Transportation Investment Fund of 2005 created by Section 72-2-124 :
1102 (i) $23.25 of each registration fee collected under Subsection 41-1a-1206 (2)(a); and
1103 (ii) $23 of each registration fee collected under Subsection 41-1a-1206 (2)(b)."; and
1104 (2) not make the changes in H.B. 133 to Subsection 41-1a-1201 (7).
1105 Section 20. Coordinating H.B. 133 with H.B. 298 -- Modifying substantive
1106 language.
1107 If this H.B. 133 and H.B. 298, Motor Vehicle Safety Inspection Amendments, both pass
1108 and become law, the Legislature intends that the Office of Legislative Research and General
1109 Counsel, in preparing the Utah Code database for publication as of July 1, 2013:
1110 (1) modify Subsection 41-1a-1201 (8) as enacted in H.B. 298 to read as follows:
1111 "(8) (a) Ninety-four cents of each registration fee imposed under Subsections
1112 41-1a-1206 (1)(a) and (b) for each vehicle shall be deposited in the Public Safety Restricted
1113 Account created in Section 53-3-106 .
1114 (b) Seventy-one cents of each registration fee imposed under Subsections
1115 41-1a-1206 (2)(a) and (b) for each vehicle registered for a six-month registration period under
1116 Section 41-1a-215.5 shall be deposited in the Public Safety Restricted Account created in
1117 Section 53-3-106." ; and
1118 (2) modify Subsection 41-1a-1206 (2) as enacted in H.B. 133 to read as follows:
1119 "(2) At the time application is made for registration or renewal of registration of a
1120 vehicle under this chapter for a six-month registration period under Section 41-1a-215.5 , a
1121 registration fee shall be paid to the division as follows:
1122 (a) $33.50 for each motorcycle; and
1123 (b) $32.50 for each motor vehicle of 12,000 pounds or less gross laden weight,
1124 excluding motorcycles."
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