First Substitute H.B. 133

Representative Jeremy A. Peterson proposes the following substitute bill:

1 VEHICLE REGISTRATION AMENDMENTS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jeremy A. Peterson
5 Senate Sponsor: Stuart C. Reid
6
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 Utah Code Sections Affected:
28 AMENDS:
29 41-1a-205, as last amended by Laws of Utah 2008, Chapters 36 and 210
30 41-1a-215, as last amended by Laws of Utah 2010, Chapter 295
31 41-1a-215.5, as enacted by Laws of Utah 2006, Chapter 164
32 41-1a-216, as last amended by Laws of Utah 1996, Chapter 81
33 41-1a-1201, as last amended by Laws of Utah 2011, Chapters 189 and 268
34 41-1a-1204, as last amended by Laws of Utah 2007, Chapter 274
35 41-1a-1206, as last amended by Laws of Utah 2011, Chapter 268
36 41-1a-1218, as last amended by Laws of Utah 2007, Chapter 274
37 41-1a-1221, as last amended by Laws of Utah 2011, Chapter 189
38 41-1a-1222, as last amended by Laws of Utah 2008, Chapter 286
39 41-1a-1223, as enacted by Laws of Utah 2010, Chapter 295
40 53-3-905, as last amended by Laws of Utah 2008, Chapter 304
41 59-2-405.1, as last amended by Laws of Utah 2008, Chapter 210
42 59-2-405.2, as last amended by Laws of Utah 2009, Chapter 169
43 63J-1-602.2, as last amended by Laws of Utah 2011, Chapters 189, 284, 303, and 400
44 72-2-118, as last amended by Laws of Utah 2011, Chapter 189
45 72-2-124, as last amended by Laws of Utah 2011, Chapter 189
46
47 Be it enacted by the Legislature of the state of Utah:
48 Section 1. Section 41-1a-205 is amended to read:
49 41-1a-205. Safety inspection certificate required for renewal or registration of
50 motor vehicle -- Exemptions.
51 (1) If required in the current year, a safety inspection certificate, as required by Section
52 53-8-205 , or proof of exemption from safety inspection shall be presented at the time of, and as
53 a condition of, registration or renewal of registration of a motor vehicle.
54 (2) (a) Except as provided in Subsections (2)(b), (c), and (d), the safety inspection
55 required under this section may be made no more than two months prior to the renewal of
56 registration.

57 (b) (i) If the title of a used motor vehicle is being transferred, a safety inspection
58 certificate issued for the motor vehicle during the previous two months may be used to satisfy
59 the requirement under Subsection (1).
60 (ii) If the transferor is a licensed and bonded used motor vehicle dealer, a safety
61 inspection certificate issued for the motor vehicle in a licensed and bonded motor vehicle
62 dealer's name during the previous six months may be used to satisfy the requirement under
63 Subsection (1).
64 (c) If the title of a leased vehicle is being transferred to the lessee of the vehicle, a
65 safety inspection certificate issued during the previous six months may be used to satisfy the
66 requirement under Subsection (1).
67 (d) If the motor vehicle is part of a fleet of 101 or more vehicles, the safety inspection
68 required under this section may be made no more than 11 months prior to the renewal of
69 registration.
70 (e) If the application for renewal of registration is for a six-month registration period
71 under Section 41-1a-215.5 , a safety inspection certificate issued during the previous eight
72 months may be used to satisfy the requirement under Subsection (1).
73 (3) (a) The following motor vehicles are exempt from this section:
74 (i) except as provided in Subsection (3)(b), a new motor vehicle when registered the
75 first time, if:
76 (A) a new car predelivery inspection has been made by a dealer;
77 (B) the dealer provides a written disclosure statement listing any known deficiency,
78 existing with the new motor vehicle at the time of delivery, that would cause the motor vehicle
79 to fail a safety inspection given in accordance with Section 53-8-205 ; and
80 (C) the buyer signs the disclosure statement to acknowledge that the buyer has read and
81 understands the listed deficiencies;
82 (ii) a motor vehicle required to be registered under this chapter that bears a dealer plate
83 or other special plate under Title 41, Chapter 3, Part 5, Special Dealer License Plates, except
84 that if the motor vehicle is propelled by its own power and is not being moved for repair or
85 dismantling, the motor vehicle shall comply with Section 41-6a-1601 regarding safe
86 mechanical condition; and
87 (iii) a vintage vehicle as defined in Section 41-21-1 .

88 (b) A street-legal all-terrain vehicle registered in accordance with Section 41-6a-1509
89 is subject to a safety inspection the first time that a person registers an off-highway vehicle as a
90 street-legal all-terrain vehicle.
91 (4) (a) A safety inspection certificate shall be displayed on:
92 (i) all registered commercial motor vehicles with a gross vehicle weight rating of
93 26,000 pounds or more;
94 (ii) a motor vehicle with three or more axles, pulling a trailer, or pulling a trailer with
95 multiple axles;
96 (iii) a combination unit; and
97 (iv) a bus or van for hire.
98 (b) A commercial vehicle under Subsection (4)(a) is exempt from the requirements of
99 Subsection (1).
100 (5) A motor vehicle may be sold and the title assigned to the new owner without a
101 valid safety inspection, but the motor vehicle may not be registered in the new owner's name
102 until the motor vehicle complies with this section.
103 Section 2. Section 41-1a-215 is amended to read:
104 41-1a-215. Staggered registration dates -- Exceptions.
105 (1) (a) Except as provided under Subsections (2) and (3), every vehicle registration,
106 every registration card, and every registration plate issued under this chapter for the first
107 registration of the vehicle in this state, continues in effect for a period of 12 months beginning
108 with the first day of the calendar month of registration and does not expire until the last day of
109 the same month in the following year.
110 (b) If the last day of the registration period falls on a day in which the appropriate state
111 or county offices are not open for business, the registration of the vehicle is extended to
112 midnight of the next business day.
113 (2) The provisions of Subsection (1) do not apply to the following:
114 (a) registration issued to government vehicles under Section 41-1a-221 ;
115 (b) registration issued to apportioned vehicles under Section 41-1a-301 ;
116 (c) multiyear registration issued under Section 41-1a-222 ;
117 (d) lifetime trailer registration issued under Section 41-1a-1206 ;
118 (e) partial year registration issued under Section 41-1a-1207 ;

119 (f) a six-month registration issued under Section 41-1a-215.5 ; or
120 (g) plates issued to a dealer, dismantler, manufacturer, remanufacturer, and transporter
121 under Title 41, Chapter 3, Part 5, Special Dealer License Plates.
122 (3) (a) Upon application of the owner or lessee of a fleet of commercial vehicles not
123 apportioned under Section 41-1a-301 and required to be registered in this state, the State Tax
124 Commission may permit the vehicles to be registered for a registration period commencing on
125 the first day of March, June, September, or December of any year and expiring on the last day
126 of March, June, September, or December in the following year.
127 (b) Upon application of the owner or lessee of a fleet of commercial vehicles
128 apportioned under Section 41-1a-301 and required to be registered in this state, the State Tax
129 Commission may permit the vehicles to be registered for a registration period commencing on
130 the first day of January, April, July, or October of any year and expiring on the last day of
131 March, June, September, or December in the following year.
132 (4) When the expiration of a registration plate is extended by affixing a registration
133 decal to it, the expiration of the decal governs the expiration date of the plate.
134 Section 3. Section 41-1a-215.5 is amended to read:
135 41-1a-215.5. Six-month registration.
136 [(1) As used in this section:]
137 [(a) "rental agreement" has the same meaning as defined in Section 31A-22-311 ;]
138 [(b) "rental company" has the same meaning as defined in Section 31A-22-311 ; and]
139 [(c) "rental fleet" means more than 25 motor vehicles that are:]
140 [(i) subject to a uniform fee under Section 59-2-405.1 ;]
141 [(ii) owned by a rental company;]
142 [(iii) offered for rental without hired drivers through a rental agreement; and]
143 [(iv) designated by the registered owner of the motor vehicle as a rental fleet vehicle at
144 the time of registration.]
145 [(2) (a) Beginning on January 1, 2007, a rental company owning or leasing a rental
146 fleet]
147 (1) (a) Subject to the requirements of this section, a person may register a motorcycle
148 or motor vehicle [in the rental fleet] of 12,000 pounds or less gross laden weight for a
149 six-month period that begins on the first day of the calendar month of registration and expires

150 on the last day of the sixth month of registration.
151 (b) If the last day of the registration period falls on a day in which the appropriate state
152 or county offices are not open for business, the registration of the vehicle is extended to
153 midnight of the next business day.
154 [(3) A motor vehicle registered under this section that remains in the rental fleet at the
155 end of the original registration period shall be registered for 12 months as outlined under
156 Section 41-1a-216 .]
157 [(4)] (2) A registration under [Subsection (2)] this section is subject to this chapter.
158 (3) The option to register a motorcycle or motor vehicle under this section shall be
159 available to a person when the division:
160 (a) has implemented the division's GenTax system; and
161 (b) at least 30 days before implementing the division's GenTax system as described in
162 Subsection (3)(a), has provided notice in a conspicuous place on the division's website stating:
163 (i) the date the commission will implement the GenTax system; and
164 (ii) that, at the time the commission implements the GenTax system, the option to
165 register a motorcycle or motor vehicle for a six-month registration period will be available.
166 Section 4. Section 41-1a-216 is amended to read:
167 41-1a-216. Renewal of registration.
168 (1) The division may receive applications for registration renewal and issue new
169 registration cards at any time prior to the expiration of the registration, subject to the
170 availability of renewal materials.
171 (2) (a) [The] Except as provided in Subsections (2)(c) and (3), the new registration
172 shall retain the same expiration month as recorded on the original registration even if the
173 registration has expired[, except as provided in Subsection (3)].
174 (b) [The] Except as provided in Subsection (2)(c), the year of registration expiration
175 shall be changed to reflect the renewed registration period.
176 (c) If the application for renewal of registration is for a six-month registration period
177 under Section 41-1a-215.5 , the new registration shall be for a six-month registration period that
178 begins with the first day of the calendar month following the last day of the expiration month
179 of the previous registration period as recorded on the original registration even if the
180 registration has expired.

181 (3) Subsection (2) does not apply if the owner can verify to the satisfaction of the
182 division that the vehicle registration was not renewed prior to its expiration due to the fact that
183 the vehicle was in storage, inoperable, or otherwise out of service.
184 (4) If the registration renewal application is an application generated by the division
185 through its automated system, the owner need not surrender the last registration card or
186 duplicate.
187 Section 5. Section 41-1a-1201 is amended to read:
188 41-1a-1201. Disposition of fees.
189 (1) All fees received and collected under this part shall be transmitted daily to the state
190 treasurer.
191 (2) Except as provided in Subsections (3), (6), and (7) and Sections 41-1a-422 ,
192 41-1a-1220 , 41-1a-1221 , and 41-1a-1223 all fees collected under this part shall be deposited in
193 the Transportation Fund.
194 (3) Funds generated under Subsections 41-1a-1211 (1)(b)(ii), (6)(b)(ii), and (7) and
195 Section 41-1a-1212 may be used by the commission to cover the costs incurred in issuing
196 license plates under Part 4, License Plates and Registration Indicia.
197 (4) In accordance with Section 63J-1-602.2 , all funds available to the commission for
198 the purchase and distribution of license plates and decals are nonlapsing.
199 (5) (a) Except as provided in [Subsection] Subsections (3) and (5)(b) and Section
200 41-1a-1205 , the expenses of the commission in enforcing and administering this part shall be
201 provided for by legislative appropriation from the revenues of the Transportation Fund.
202 (b) Three dollars of the registration fees imposed under Subsections 41-1a-1206 (2)(a)
203 and (b) for each vehicle registered for a six-month registration period under Section
204 41-1a-215.5 may be used by the commission to cover the costs incurred in enforcing and
205 administering this part.
206 (6) (a) Except as provided in [Subsection] Subsections (6)(b) and (c), the following
207 portions of the registration fees imposed under Section 41-1a-1206 for each vehicle shall be
208 deposited in the Centennial Highway Fund Restricted Account created under Section 72-2-118 :
209 (i) $10 of the registration fees imposed under Subsections 41-1a-1206 (1)(a), (1)(b),
210 (1)(f), (2), and (5);
211 (ii) $1 of the registration fees imposed under Subsections 41-1a-1206 (1)(c)(i),

212 (1)(c)(ii), and (1)(d)(ii);
213 (iii) $2 of the registration fee imposed under Subsection 41-1a-1206 (1)(e)(ii);
214 (iv) $3 of the registration fee imposed under Subsection 41-1a-1206 (1)(d)(i); and
215 (v) $4.50 of the registration fee imposed under Subsection 41-1a-1206 (1)(e)(i).
216 (b) When the highway general obligation bonds have been paid off and the highway
217 projects completed that are intended to be paid from revenues deposited in the Centennial
218 Highway Fund Restricted Account as determined by the Executive Appropriations Committee
219 under Subsection 72-2-118 (6)(d), the portions of the registration fees deposited under
220 Subsection (6)(a) for each vehicle shall be deposited in the Transportation Investment Fund of
221 2005 created by Section 72-2-124 .
222 (c) (i) Seven dollars and seventy-five cents of the registration fees imposed under
223 Subsections 41-1a-1206 (2)(a) and (b) for each vehicle registered for a six-month registration
224 period under Section 41-1a-215.5 shall be deposited in the Centennial Highway Fund
225 Restricted Account created under Section 72-2-118 .
226 (ii) When the highway general obligation bonds have been paid off and the highway
227 projects completed that are intended to be paid from revenues deposited in the Centennial
228 Highway Fund Restricted Account as determined by the Executive Appropriations Committee
229 under Subsection 72-2-118 (6)(d), the portions of the registration fees deposited under
230 Subsection (6)(c)(i) for each vehicle shall be deposited in the Transportation Investment Fund
231 of 2005 created by Section 72-2-124 .
232 (7) [The] (a) Except as provided in Subsection (7)(b), the following portions of the
233 registration fees imposed under Section 41-1a-1206 for each vehicle shall be deposited in the
234 Transportation Investment Fund of 2005 created by Section 72-2-124 :
235 [(a)] (i) $20 of each registration fee collected under Subsections 41-1a-1206 (1)(a),
236 (1)(b), (1)(c), (1)(d)(i), (1)(e)(i), (1)(f), (2)(a), and (5); and
237 [(b)] (ii) 50 cents of each registration fee collected under Subsection
238 41-1a-1206 (1)(e)(ii).
239 (b) The following portions of the registration fees collected for each vehicle registered
240 for a six-month registration period under Section 41-1a-215.5 shall be deposited in the
241 Transportation Investment Fund of 2005 created by Section 72-2-124 :
242 (i) $15.50 of each registration fee collected under Subsection 41-1a-1206 (2)(a); and

243 (ii) $15.25 of each registration fee collected under Subsection 41-1a-1206 (2)(b).
244 Section 6. Section 41-1a-1204 is amended to read:
245 41-1a-1204. Automobile driver education fee -- Amount -- When paid --
246 Exception.
247 (1) Each year there is levied and shall be paid to the commission the automobile driver
248 education fee.
249 (2) (a) Except as provided in [Subsection] Subsections (2)(b) and (c), the fee is $2.50
250 upon each motor vehicle to be registered[.] for a one-year registration period.
251 (b) The fee is $2.00 upon each motor vehicle to be registered under Section
252 41-1a-215.5 for a six-month registration period.
253 [(b)] (c) The following registrations are exempt from the fee in Subsection (2)(a) or
254 (b):
255 (i) a motorcycle registration; and
256 (ii) a registration of a vehicle with a Purple Heart special group license plate issued in
257 accordance with Section 41-1a-421 .
258 Section 7. Section 41-1a-1206 is amended to read:
259 41-1a-1206. Registration fees -- Fees by gross laden weight.
260 (1) Except as provided in [Subsection] Subsections (2) and (3), at the time application
261 is made for registration or renewal of registration of a vehicle or combination of vehicles under
262 this chapter, a registration fee shall be paid to the division as follows:
263 (a) $42.50 for each motorcycle;
264 (b) $41 for each motor vehicle of 12,000 pounds or less gross laden weight, excluding
265 motorcycles;
266 (c) unless the semitrailer or trailer is exempt from registration under Section 41-1a-202
267 or is registered under Section 41-1a-301 :
268 (i) $31 for each trailer or semitrailer over 750 pounds gross unladen weight; or
269 (ii) $28.50 for each commercial trailer or commercial semitrailer of 750 pounds or less
270 gross unladen weight;
271 (d) (i) $53 for each farm truck over 12,000 pounds, but not exceeding 14,000 pounds
272 gross laden weight; plus
273 (ii) $9 for each 2,000 pounds over 14,000 pounds gross laden weight;

274 (e) (i) $69.50 for each motor vehicle or combination of motor vehicles, excluding farm
275 trucks, over 12,000 pounds, but not exceeding 14,000 pounds gross laden weight; plus
276 (ii) $19 for each 2,000 pounds over 14,000 pounds gross laden weight; and
277 (f) $45 for each vintage vehicle that is less than 40 years old.
278 (2) At the time application is made for registration or renewal of registration of a
279 vehicle under this chapter for a six-month registration period under Section 41-1a-215.5 , a
280 registration fee shall be paid to the division as follows:
281 (a) $32.75 for each motorcycle; and
282 (b) $31.75 for each motor vehicle of 12,000 pounds or less gross laden weight,
283 excluding motorcycles.
284 [(2)] (3) (a) The initial registration fee for a vintage vehicle that is 40 years old or older
285 is $40.
286 (b) A vintage vehicle that is 40 years old or older is exempt from the renewal of
287 registration fees under Subsection (1).
288 (c) A vehicle with a Purple Heart special group license plate issued in accordance with
289 Section 41-1a-421 is exempt from the registration fees under Subsection (1).
290 [(3)] (4) If a motor vehicle is operated in combination with a semitrailer or trailer, each
291 motor vehicle shall register for the total gross laden weight of all units of the combination if the
292 total gross laden weight of the combination exceeds 12,000 pounds.
293 [(4)] (5) (a) Registration fee categories under this section are based on the gross laden
294 weight declared in the licensee's application for registration.
295 (b) Gross laden weight shall be computed in units of 2,000 pounds. A fractional part
296 of 2,000 pounds is a full unit.
297 [(5)] (6) The owner of a commercial trailer or commercial semitrailer may, as an
298 alternative to registering under Subsection (1)(c), apply for and obtain a special registration and
299 license plate for a fee of $130.
300 [(6)] (7) Except as provided in Section 41-6a-1642 , a truck may not be registered as a
301 farm truck unless:
302 (a) the truck meets the definition of a farm truck under Section 41-1a-102 ; and
303 (b) (i) the truck has a gross vehicle weight rating of more than 12,000 pounds; or
304 (ii) the truck has a gross vehicle weight rating of 12,000 pounds or less and the owner

305 submits to the division a certificate of emissions inspection or a waiver in compliance with
306 Section 41-6a-1642 .
307 [(7)] (8) A violation of Subsection [(6)] (7) is a class B misdemeanor that shall be
308 punished by a fine of not less than $200.
309 [(8)] (9) Trucks used exclusively to pump cement, bore wells, or perform crane
310 services with a crane lift capacity of five or more tons, are exempt from 50% of the amount of
311 the fees required for those vehicles under this section.
312 Section 8. Section 41-1a-1218 is amended to read:
313 41-1a-1218. Uninsured motorist identification fee for tracking motor vehicle
314 insurance -- Exemption -- Deposit.
315 (1) (a) Except as provided in [Subsection] Subsections (1)(b) and (c), at the time
316 application is made for registration or renewal of registration of a motor vehicle under this
317 chapter, the applicant shall pay an uninsured motorist identification fee of $1 on each motor
318 vehicle.
319 (b) Except as provided in Subsection (1)(c), at the time application is made for
320 registration or renewal of registration of a motor vehicle for a six-month registration period
321 under Section 41-1a-215.5 , the applicant shall pay an uninsured motorist identification fee of
322 75 cents on each motor vehicle.
323 [(b)] (c) The following are exempt from the fee required under Subsection (1)(a) or (b):
324 (i) a commercial vehicle registered as part of a fleet under Section 41-1a-222 or
325 Section 41-1a-301 ;
326 (ii) a motor vehicle that is exempt from the registration fee under Section 41-1a-1209
327 or Subsection 41-1a-419 (3); and
328 (iii) a motor vehicle with a Purple Heart special group license plate issued in
329 accordance with Section 41-1a-421 .
330 (2) The revenue generated under this section shall be deposited in the Uninsured
331 Motorist Identification Restricted Account created in Section 41-12a-806 .
332 Section 9. Section 41-1a-1221 is amended to read:
333 41-1a-1221. Fees to cover the cost of electronic payments.
334 (1) As used in this section:
335 (a) "Electronic payment" means use of any form of payment processed through

336 electronic means, including credit cards, debit cards, and automatic clearinghouse transactions.
337 (b) "Electronic payment fee" means the fee assessed to defray:
338 (i) the charge, discount fee, or processing fee charged by credit card companies or
339 processing agents to process an electronic payment; or
340 (ii) costs associated with the purchase of equipment necessary for processing electronic
341 payments.
342 (2) (a) The Motor Vehicle Division may collect an electronic payment fee on all
343 registrations and renewals of registration under Subsections 41-1a-1206 (1)(a), (1)(b), (2)(a),
344 (2)(b), and [(2)] (3).
345 (b) The fee described in Subsection (2)(a):
346 (i) shall be imposed regardless of the method of payment for a particular transaction;
347 and
348 (ii) need not be separately identified from the fees imposed for registration and
349 renewals of registration under Subsections 41-1a-1206 (1)(a), (1)(b), (2)(a), (2)(b), and [(2)] (3).
350 (3) The division shall establish the fee according to the procedures and requirements of
351 Section 63J-1-504 .
352 (4) A fee imposed under this section:
353 (a) shall be deposited in the Electronic Payment Fee Restricted Account created by
354 Section 41-1a-121 ; and
355 (b) is not subject to Subsection 63J-2-202 (2).
356 Section 10. Section 41-1a-1222 is amended to read:
357 41-1a-1222. Local option highway construction and transportation corridor
358 preservation fee -- Exemptions -- Deposit -- Transfer -- County ordinance -- Notice.
359 (1) (a) (i) [A] Except as provided in Subsection (1)(a)(ii), a county legislative body
360 may impose a local option highway construction and transportation corridor preservation fee of
361 up to $10 on each motor vehicle registration within the county.
362 (ii) A county legislative body may impose a local option highway construction and
363 transportation corridor preservation fee of up to $7.75 on each motor vehicle registration for a
364 six-month registration period under Section 41-1a-215.5 within the county.
365 [(ii)] (iii) A fee imposed under Subsection (1)(a)(i) or (ii) shall be set in whole dollar
366 increments.

367 (b) If imposed under Subsection (1)(a), at the time application is made for registration
368 or renewal of registration of a motor vehicle under this chapter, the applicant shall pay the local
369 option highway construction and transportation corridor preservation fee established by the
370 county legislative body.
371 (c) The following are exempt from the fee required under Subsection (1)(a):
372 (i) a motor vehicle that is exempt from the registration fee under Section 41-1a-1209 or
373 Subsection 41-1a-419 (3);
374 (ii) a commercial vehicle with an apportioned registration under Section 41-1a-301 ;
375 and
376 (iii) a motor vehicle with a Purple Heart special group license plate issued in
377 accordance with Section 41-1a-421 .
378 (2) (a) Except as provided in Subsection (2)(b), the revenue generated under this
379 section shall be:
380 (i) deposited in the Local Transportation Corridor Preservation Fund created in Section
381 72-2-117.5 ;
382 (ii) credited to the county from which it is generated; and
383 (iii) used and distributed in accordance with Section 72-2-117.5 .
384 (b) The revenue generated by a fee imposed under this section in a county of the first
385 class shall be deposited or transferred as follows:
386 (i) 50% of the revenue shall be:
387 (A) deposited in the County of the First Class State Highway Projects Fund created in
388 Section 72-2-121 ; and
389 (B) used in accordance with Section 72-2-121 ;
390 (ii) 20% of the revenue shall be:
391 (A) transferred to the legislative body of a city of the first class:
392 (I) located in a county of the first class; and
393 (II) that has:
394 (Aa) an international airport within its boundaries; and
395 (Bb) a United States customs office on the premises of the international airport
396 described in Subsection (2)(b)(ii)(A)(II)(Aa); and
397 (B) used by the city described in Subsection (2)(b)(ii)(A) for highway construction,

398 reconstruction, or maintenance projects; and
399 (iii) 30% of the revenue shall be deposited, credited, and used as provided in
400 Subsection (2)(a).
401 (3) To impose or change the amount of a fee under this section, the county legislative
402 body shall pass an ordinance:
403 (a) approving the fee;
404 (b) setting the amount of the fee; and
405 (c) providing an effective date for the fee as provided in Subsection (4).
406 (4) (a) If a county legislative body enacts, changes, or repeals a fee under this section,
407 the enactment, change, or repeal shall take effect on July 1 if the commission receives notice
408 meeting the requirements of Subsection (4)(b) from the county prior to April 1.
409 (b) The notice described in Subsection (4)(a) shall:
410 (i) state that the county will enact, change, or repeal a fee under this part;
411 (ii) include a copy of the ordinance imposing the fee; and
412 (iii) if the county enacts or changes the fee under this section, state the amount of the
413 fee.
414 Section 11. Section 41-1a-1223 is amended to read:
415 41-1a-1223. Local emissions compliance fee -- Exemptions -- Transfer -- County
416 ordinance -- Notice.
417 (1) (a) (i) A county legislative body of a county that is required to utilize a motor
418 vehicle emissions inspection and maintenance program or in which an emissions inspection
419 and maintenance program is necessary to attain or maintain any national ambient air quality
420 standard in accordance with Section 41-6a-1642 may impose a local emissions compliance fee
421 of up to:
422 (A) $3 on each motor vehicle registration within the county[.] for a motor vehicle
423 registration under Section 41-1a-215 ; or
424 (B) $2.25 on each motor vehicle registration within the county for a six-month
425 registration period under Section 41-1a-215.5 .
426 (ii) A fee imposed under Subsection (1)(a)(i) shall be set in whole dollar increments.
427 (b) If imposed under Subsection (1)(a)(i), at the time application is made for
428 registration or renewal of registration of a motor vehicle under this chapter, the applicant shall

429 pay the local emissions compliance fee established by the county legislative body.
430 (c) The following are exempt from the fee required under Subsection (1)(a)(i):
431 (i) a motor vehicle that is exempt from the registration fee under Section 41-1a-1209 or
432 Subsection 41-1a-419 (3); and
433 (ii) a commercial vehicle with an apportioned registration under Section 41-1a-301 .
434 (2) The revenue generated from the fees collected under this section shall be
435 transferred to the county that imposed the fee.
436 (3) To impose or change the amount of a fee under this section, the county legislative
437 body shall pass an ordinance:
438 (a) approving the fee;
439 (b) setting the amount of the fee; and
440 (c) providing an effective date for the fee as provided in Subsection (4).
441 (4) (a) If a county legislative body enacts, changes, or repeals a fee under this section,
442 the enactment, change, or repeal shall take effect on July 1 if the commission receives notice
443 meeting the requirements of Subsection (4)(b) from the county prior to April 1.
444 (b) The notice described in Subsection (4)(a) shall:
445 (i) state that the county will enact, change, or repeal a fee under this section;
446 (ii) include a copy of the ordinance imposing the fee; and
447 (iii) if the county enacts or changes the fee under this section, state the amount of the
448 fee.
449 Section 12. Section 53-3-905 is amended to read:
450 53-3-905. Dedication of fees.
451 (1) [Five dollars of the annual registration fee imposed under Section 41-1a-1206 for
452 each registered motorcycle and $2.50 of the fee imposed under Section 53-3-105 for an
453 original, renewal, or extension of a motorcycle endorsement] The following shall be deposited
454 as dedicated credits in the Transportation Fund to be used by the division for the program[.]:
455 (a) $5 of the annual registration fee imposed for each registered motorcycle under
456 Subsection 41-1a-1206 (1)(a);
457 (b) $4 of the six-month registration fee imposed for each registered motorcycle under
458 Subsection 41-1a-1206 (2)(a); and
459 (c) $2.50 of the fee imposed under Section 53-3-105 for an original, renewal, or

460 extension of a motorcycle endorsement.
461 (2) Appropriations to the program are nonlapsing.
462 (3) Appropriations may not be used for assistance to, advocacy of, or lobbying for any
463 legislation unless the legislation would enhance or affect the financial status of the program or
464 the program's continuation.
465 Section 13. Section 59-2-405.1 is amended to read:
466 59-2-405.1. Uniform fee on certain vehicles weighing 12,000 pounds or less --
467 Distribution of revenues -- Appeals.
468 (1) The property described in Subsection (2) is exempt from ad valorem property taxes
469 pursuant to Utah Constitution Article XIII, Section 2, Subsection (6).
470 (2) (a) Except as provided in Subsection (2)(b), there is levied as provided in this part a
471 statewide uniform fee in lieu of the ad valorem tax on:
472 (i) motor vehicles as defined in Section 41-1a-102 that:
473 (A) are required to be registered with the state; and
474 (B) weigh 12,000 pounds or less; and
475 (ii) state-assessed commercial vehicles required to be registered with the state that
476 weigh 12,000 pounds or less.
477 (b) The following tangible personal property is exempt from the statewide uniform fee
478 imposed by this section:
479 (i) aircraft;
480 (ii) tangible personal property subject to a uniform fee imposed by:
481 (A) Section 59-2-405 ;
482 (B) Section 59-2-405.2 ; or
483 (C) Section 59-2-405.3 ; and
484 (iii) tangible personal property that is exempt from state or county ad valorem property
485 taxes under the laws of this state or of the federal government.
486 (3) (a) Except as provided in Subsections (3)(b) and (c), beginning on January 1, 1999,
487 the uniform fee for purposes of this section is as follows:

488	Age of Vehicle	Uniform Fee
489	12 or more years	$10
490	9 or more years but less than 12 years	$50
491	6 or more years but less than 9 years	$80
492	3 or more years but less than 6 years	$110
493	Less than 3 years	$150

494 (b) For registrations under Section 41-1a-215.5 , [beginning on January 1, 2007,] the
495 uniform fee for purposes of this section is as follows:

496	Age of Vehicle	Uniform Fee
497	12 or more years	[$5] $7.75
498	9 or more years but less than 12 years	[$25] $38.50
499	6 or more years but less than 9 years	[$40] $61.50
500	3 or more years but less than 6 years	[$55] $84.75
501	Less than 3 years	[$75] $115.50

502 (c) Notwithstanding Subsections (3)(a) and (b), beginning on September 1, 2001, for a
503 motor vehicle issued a temporary sports event registration certificate in accordance with
504 Section 41-3-306 , the uniform fee for purposes of this section is $5 for the event period
505 specified on the temporary sports event registration certificate regardless of the age of the
506 motor vehicle.
507 (4) Notwithstanding Section 59-2-407 , property subject to the uniform fee that is
508 brought into the state and is required to be registered in Utah shall, as a condition of
509 registration, be subject to the uniform fee unless all property taxes or uniform fees imposed by
510 the state of origin have been paid for the current calendar year.
511 (5) (a) The revenues collected in each county from the uniform fee shall be distributed
512 by the county to each taxing entity in which the property described in Subsection (2) is located
513 in the same proportion in which revenue collected from ad valorem real property tax is
514 distributed.
515 (b) Each taxing entity shall distribute the revenues received under Subsection (5)(a) in
516 the same proportion in which revenue collected from ad valorem real property tax is
517 distributed.
518 Section 14. Section 59-2-405.2 is amended to read:
519 59-2-405.2. Definitions -- Uniform statewide fee on certain tangible personal
520 property -- Distribution of revenues -- Rulemaking authority -- Determining the length of

521 a vessel.
522 (1) As used in this section:
523 (a) (i) Except as provided in Subsection (1)(a)(ii), "all-terrain vehicle" means a motor
524 vehicle that:
525 (A) is an:
526 (I) all-terrain type I vehicle as defined in Section 41-22-2 ; or
527 (II) all-terrain type II vehicle as defined in Section 41-22-2 ;
528 (B) is required to be registered in accordance with Title 41, Chapter 22, Off-Highway
529 Vehicles; and
530 (C) has:
531 (I) an engine with more than 150 cubic centimeters displacement;
532 (II) a motor that produces more than five horsepower; or
533 (III) an electric motor; and
534 (ii) notwithstanding Subsection (1)(a)(i), "all-terrain vehicle" does not include a
535 snowmobile.
536 (b) "Camper" means a camper:
537 (i) as defined in Section 41-1a-102 ; and
538 (ii) that is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
539 Registration.
540 (c) (i) "Canoe" means a vessel that:
541 (A) is long and narrow;
542 (B) has curved sides; and
543 (C) is tapered:
544 (I) to two pointed ends; or
545 (II) to one pointed end and is blunt on the other end; and
546 (ii) "canoe" includes:
547 (A) a collapsible inflatable canoe;
548 (B) a kayak;
549 (C) a racing shell;
550 (D) a rowing scull; or
551 (E) notwithstanding the definition of vessel in Subsection (1)(aa), a canoe with an

552 outboard motor.
553 (d) "Dealer" is as defined in Section 41-1a-102 .
554 (e) "Jon boat" means a vessel that:
555 (i) has a square bow; and
556 (ii) has a flat bottom.
557 (f) "Motor vehicle" is as defined in Section 41-22-2 .
558 (g) "Other motorcycle" means a motor vehicle that:
559 (i) is:
560 (A) a motorcycle as defined in Section 41-1a-102 ; and
561 (B) designed primarily for use and operation over unimproved terrain;
562 (ii) is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
563 Registration; and
564 (iii) has:
565 (A) an engine with more than 150 cubic centimeters displacement; or
566 (B) a motor that produces more than five horsepower.
567 (h) (i) "Other trailer" means a portable vehicle without motive power that is primarily
568 used:
569 (A) to transport tangible personal property; and
570 (B) for a purpose other than a commercial purpose; and
571 (ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
572 purposes of Subsection (1)(h)(i)(B), the commission may by rule define what constitutes a
573 purpose other than a commercial purpose.
574 (i) "Outboard motor" is as defined in Section 41-1a-102 .
575 (j) "Personal watercraft" means a personal watercraft:
576 (i) as defined in Section 73-18-2 ; and
577 (ii) that is required to be registered in accordance with Title 73, Chapter 18, State
578 Boating Act.
579 (k) (i) "Pontoon" means a vessel that:
580 (A) is:
581 (I) supported by one or more floats; and
582 (II) propelled by either inboard or outboard power; and

583 (B) is not:
584 (I) a houseboat; or
585 (II) a collapsible inflatable vessel; and
586 (ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
587 commission may by rule define the term "houseboat."
588 (l) "Qualifying adjustment, exemption, or reduction" means an adjustment, exemption,
589 or reduction:
590 (i) of all or a portion of a qualifying payment;
591 (ii) granted by a county during the refund period; and
592 (iii) received by a qualifying person.
593 (m) (i) "Qualifying payment" means the payment made:
594 (A) of a uniform statewide fee in accordance with this section:
595 (I) by a qualifying person;
596 (II) to a county; and
597 (III) during the refund period; and
598 (B) on an item of qualifying tangible personal property; and
599 (ii) if a qualifying person received a qualifying adjustment, exemption, or reduction for
600 an item of qualifying tangible personal property, the qualifying payment for that qualifying
601 tangible personal property is equal to the difference between:
602 (A) the payment described in this Subsection (1)(m) for that item of qualifying tangible
603 personal property; and
604 (B) the amount of the qualifying adjustment, exemption, or reduction.
605 (n) "Qualifying person" means a person that paid a uniform statewide fee:
606 (i) during the refund period;
607 (ii) in accordance with this section; and
608 (iii) on an item of qualifying tangible personal property.
609 (o) "Qualifying tangible personal property" means a:
610 (i) qualifying vehicle; or
611 (ii) qualifying watercraft.
612 (p) "Qualifying vehicle" means:
613 (i) an all-terrain vehicle with an engine displacement that is 100 or more cubic

614 centimeters but 150 or less cubic centimeters;
615 (ii) an other motorcycle with an engine displacement that is 100 or more cubic
616 centimeters but 150 or less cubic centimeters;
617 (iii) a small motor vehicle with an engine displacement that is 100 or more cubic
618 centimeters but 150 or less cubic centimeters;
619 (iv) a snowmobile with an engine displacement that is 100 or more cubic centimeters
620 but 150 or less cubic centimeters; or
621 (v) a street motorcycle with an engine displacement that is 100 or more cubic
622 centimeters but 150 or less cubic centimeters.
623 (q) "Qualifying watercraft" means a:
624 (i) canoe;
625 (ii) collapsible inflatable vessel;
626 (iii) jon boat;
627 (iv) pontoon;
628 (v) sailboat; or
629 (vi) utility boat.
630 (r) "Refund period" means the time period:
631 (i) beginning on January 1, 2006; and
632 (ii) ending on December 29, 2006.
633 (s) "Sailboat" means a sailboat as defined in Section 73-18-2 .
634 (t) (i) "Small motor vehicle" means a motor vehicle that:
635 (A) is required to be registered in accordance with Title 41, Motor Vehicles; and
636 (B) has:
637 (I) an engine with 150 or less cubic centimeters displacement; or
638 (II) a motor that produces five or less horsepower; and
639 (ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
640 commission may by rule develop a process for an owner of a motor vehicle to certify whether
641 the motor vehicle has:
642 (A) an engine with 150 or less cubic centimeters displacement; or
643 (B) a motor that produces five or less horsepower.
644 (u) "Snowmobile" means a motor vehicle that:

645 (i) is a snowmobile as defined in Section 41-22-2 ;
646 (ii) is required to be registered in accordance with Title 41, Chapter 22, Off-Highway
647 Vehicles; and
648 (iii) has:
649 (A) an engine with more than 150 cubic centimeters displacement; or
650 (B) a motor that produces more than five horsepower.
651 (v) "Street motorcycle" means a motor vehicle that:
652 (i) is:
653 (A) a motorcycle as defined in Section 41-1a-102 ; and
654 (B) designed primarily for use and operation on highways;
655 (ii) is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
656 Registration; and
657 (iii) has:
658 (A) an engine with more than 150 cubic centimeters displacement; or
659 (B) a motor that produces more than five horsepower.
660 (w) "Tangible personal property owner" means a person that owns an item of
661 qualifying tangible personal property.
662 (x) "Tent trailer" means a portable vehicle without motive power that:
663 (i) is constructed with collapsible side walls that:
664 (A) fold for towing by a motor vehicle; and
665 (B) unfold at a campsite;
666 (ii) is designed as a temporary dwelling for travel, recreational, or vacation use;
667 (iii) is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
668 Registration; and
669 (iv) does not require a special highway movement permit when drawn by a
670 self-propelled motor vehicle.
671 (y) (i) Except as provided in Subsection (1)(y)(ii), "travel trailer" means a travel trailer:
672 (A) as defined in Section 41-1a-102 ; and
673 (B) that is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
674 Registration; and
675 (ii) notwithstanding Subsection (1)(y)(i), "travel trailer" does not include:

676 (A) a camper; or
677 (B) a tent trailer.
678 (z) (i) "Utility boat" means a vessel that:
679 (A) has:
680 (I) two or three bench seating;
681 (II) an outboard motor; and
682 (III) a hull made of aluminum, fiberglass, or wood; and
683 (B) does not have:
684 (I) decking;
685 (II) a permanent canopy; or
686 (III) a floor other than the hull; and
687 (ii) notwithstanding Subsection (1)(z)(i), "utility boat" does not include a collapsible
688 inflatable vessel.
689 (aa) "Vessel" means a vessel:
690 (i) as defined in Section 73-18-2 , including an outboard motor of the vessel; and
691 (ii) that is required to be registered in accordance with Title 73, Chapter 18, State
692 Boating Act.
693 (2) (a) In accordance with Utah Constitution Article XIII, Section 2, Subsection (6),
694 beginning on January 1, 2006, the tangible personal property described in Subsection (2)(b) is:
695 (i) exempt from the tax imposed by Section 59-2-103 ; and
696 (ii) in lieu of the tax imposed by Section 59-2-103 , subject to uniform statewide fees as
697 provided in this section.
698 (b) The following tangible personal property applies to Subsection (2)(a) if that
699 tangible personal property is required to be registered with the state:
700 (i) an all-terrain vehicle;
701 (ii) a camper;
702 (iii) an other motorcycle;
703 (iv) an other trailer;
704 (v) a personal watercraft;
705 (vi) a small motor vehicle;
706 (vii) a snowmobile;

707 (viii) a street motorcycle;
708 (ix) a tent trailer;
709 (x) a travel trailer; and
710 (xi) a vessel if that vessel is less than 31 feet in length as determined under Subsection
711 (6).
712 (3) [For] Except as provided in Subsection (4) and for purposes of this section, the
713 uniform statewide fees are:
714 (a) for an all-terrain vehicle, an other motorcycle, or a snowmobile:

715	Age of All-Terrain Vehicle, Other Motorcycle, or Snowmobile		Uniform Statewide Fee
716		12 or more years	$10
717		9 or more years but less than 12 years	$20
718		6 or more years but less than 9 years	$30
719		3 or more years but less than 6 years	$35
720		Less than 3 years	$45

721 (b) for a camper or a tent trailer:

722	Age of Camper or Tent Trailer		Uniform Statewide Fee
723		12 or more years	$10
724		9 or more years but less than 12 years	$25
725		6 or more years but less than 9 years	$35
726		3 or more years but less than 6 years	$50
727		Less than 3 years	$70

728 (c) for an other trailer:

729	Age of Other Trailer		Uniform Statewide Fee
730		12 or more years	$10
731		9 or more years but less than 12 years	$15
732		6 or more years but less than 9 years	$20
733		3 or more years but less than 6 years	$25
734		Less than 3 years	$30

735 (d) for a personal watercraft:

736	Age of Personal Watercraft		Uniform Statewide Fee
737		12 or more years	$10
738		9 or more years but less than 12 years	$25
739		6 or more years but less than 9 years	$35
740		3 or more years but less than 6 years	$45
741		Less than 3 years	$55

742 (e) for a small motor vehicle:

743	Age of Small Motor Vehicle		Uniform Statewide Fee
744		6 or more years	$10
745		3 or more years but less than 6 years	$15
746		Less than 3 years	$25

747 (f) for a street motorcycle:

748	Age of Street Motorcycle		Uniform Statewide Fee
749		12 or more years	$10
750		9 or more years but less than 12 years	$35
751		6 or more years but less than 9 years	$50
752		3 or more years but less than 6 years	$70
753		Less than 3 years	$95

754 (g) for a travel trailer:

755	Age of Travel Trailer		Uniform Statewide Fee
756		12 or more years	$20
757		9 or more years but less than 12 years	$65
758		6 or more years but less than 9 years	$90
759		3 or more years but less than 6 years	$135
760		Less than 3 years	$175

761 (h) $10 regardless of the age of the vessel if the vessel is:
762 (i) less than 15 feet in length;
763 (ii) a canoe;

764 (iii) a jon boat; or
765 (iv) a utility boat;
766 (i) for a collapsible inflatable vessel, pontoon, or sailboat, regardless of age:

767		Length of Vessel	Uniform Statewide Fee
768		15 feet or more in length but less than 19 feet in length	$15
769		19 feet or more in length but less than 23 feet in length	$25
770		23 feet or more in length but less than 27 feet in length	$40
771		27 feet or more in length but less than 31 feet in length	$75

772 (j) for a vessel, other than a canoe, collapsible inflatable vessel, jon boat, pontoon,
773 sailboat, or utility boat, that is 15 feet or more in length but less than 19 feet in length:

774	Age of Vessel		Uniform Statewide Fee
775		12 or more years	$25
776		9 or more years but less than 12 years	$65
777		6 or more years but less than 9 years	$80
778		3 or more years but less than 6 years	$110
779		Less than 3 years	$150

780 (k) for a vessel, other than a canoe, collapsible inflatable vessel, jon boat, pontoon,
781 sailboat, or utility boat, that is 19 feet or more in length but less than 23 feet in length:

782	Age of Vessel		Uniform Statewide Fee
783		12 or more years	$50
784		9 or more years but less than 12 years	$120
785		6 or more years but less than 9 years	$175
786		3 or more years but less than 6 years	$220
787		Less than 3 years	$275

788 (l) for a vessel, other than a canoe, collapsible inflatable vessel, jon boat, pontoon,
789 sailboat, or utility boat, that is 23 feet or more in length but less than 27 feet in length:

790	Age of Vessel		Uniform Statewide Fee
791		12 or more years	$100
792		9 or more years but less than 12 years	$180
793		6 or more years but less than 9 years	$240
794		3 or more years but less than 6 years	$310
795		Less than 3 years	$400

796 (m) for a vessel, other than a canoe, collapsible inflatable vessel, jon boat, pontoon,
797 sailboat, or utility boat, that is 27 feet or more in length but less than 31 feet in length:

798	Age of Vessel		Uniform Statewide Fee
799		12 or more years	$120
800		9 or more years but less than 12 years	$250
801		6 or more years but less than 9 years	$350
802		3 or more years but less than 6 years	$500
803		Less than 3 years	$700

804 (4) For registrations under Section 41-1a-215.5 , the uniform fee for purposes of this
805 section is as follows:
806 (a) for a street motorcycle:

807	Age of Street Motorcycle		Uniform Statewide Fee
808		12 or more years	$7.75
809		9 or more years but less than 12 years	$27
810		6 or more years but less than 9 years	$38.50
811		3 or more years but less than 6 years	$54
812		Less than 3 years	$73

813 (b) for a small motor vehicle:

814	Age of Small Motor Vehicle		Uniform Statewide Fee
815		6 or more years	$7.75
816		3 or more years but less than 6 years	$11.50
817		Less than 3 years	$19.25

818 [(4)] (5) Notwithstanding Section 59-2-407 , tangible personal property subject to the
819 uniform statewide fees imposed by this section that is brought into the state shall, as a

820 condition of registration, be subject to the uniform statewide fees unless all property taxes or
821 uniform fees imposed by the state of origin have been paid for the current calendar year.
822 [(5)] (6) (a) The revenues collected in each county from the uniform statewide fees
823 imposed by this section shall be distributed by the county to each taxing entity in which each
824 item of tangible personal property subject to the uniform statewide fees is located in the same
825 proportion in which revenues collected from the ad valorem property tax are distributed.
826 (b) Each taxing entity described in Subsection [(5)] (6)(a) that receives revenues from
827 the uniform statewide fees imposed by this section shall distribute the revenues in the same
828 proportion in which revenues collected from the ad valorem property tax are distributed.
829 [(6)] (7) (a) For purposes of the uniform statewide fee imposed by this section, the
830 length of a vessel shall be determined as provided in this Subsection [(6)] (7).
831 (b) (i) Except as provided in Subsection [(6)] (7)(b)(ii), the length of a vessel shall be
832 measured as follows:
833 (A) the length of a vessel shall be measured in a straight line; and
834 (B) the length of a vessel is equal to the distance between the bow of the vessel and the
835 stern of the vessel.
836 (ii) Notwithstanding Subsection [(6)] (7)(b)(i), the length of a vessel may not include
837 the length of:
838 (A) a swim deck;
839 (B) a ladder;
840 (C) an outboard motor; or
841 (D) an appurtenance or attachment similar to Subsections [(6)] (7)(b)(ii)(A) through
842 (C) as determined by the commission by rule.
843 (iii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
844 the commission may by rule define what constitutes an appurtenance or attachment similar to
845 Subsections [(6)] (7)(b)(ii)(A) through (C).
846 (c) The length of a vessel:
847 (i) (A) for a new vessel, is the length:
848 (I) listed on the manufacturer's statement of origin if the length of the vessel measured
849 under Subsection [(6)] (7)(b) is equal to the length of the vessel listed on the manufacturer's
850 statement of origin; or

851 (II) listed on a form submitted to the commission by a dealer in accordance with
852 Subsection [(6)] (7)(d) if the length of the vessel measured under Subsection [(6)] (7)(b) is not
853 equal to the length of the vessel listed on the manufacturer's statement of origin; or
854 (B) for a vessel other than a new vessel, is the length:
855 (I) corresponding to the model number if the length of the vessel measured under
856 Subsection [(6)] (7)(b) is equal to the length of the vessel determined by reference to the model
857 number; or
858 (II) listed on a form submitted to the commission by an owner of the vessel in
859 accordance with Subsection [(6)] (7)(d) if the length of the vessel measured under Subsection
860 [(6)] (7)(b) is not equal to the length of the vessel determined by reference to the model
861 number; and
862 (ii) (A) is determined at the time of the:
863 (I) first registration as defined in Section 41-1a-102 that occurs on or after January 1,
864 2006; or
865 (II) first renewal of registration that occurs on or after January 1, 2006; and
866 (B) may be determined after the time described in Subsection [(6)] (7)(c)(ii)(A) only if
867 the commission requests that a dealer or an owner submit a form to the commission in
868 accordance with Subsection [(6)] (7)(d).
869 (d) (i) A form under Subsection [(6)] (7)(c) shall:
870 (A) be developed by the commission;
871 (B) be provided by the commission to:
872 (I) a dealer; or
873 (II) an owner of a vessel;
874 (C) provide for the reporting of the length of a vessel;
875 (D) be submitted to the commission at the time the length of the vessel is determined in
876 accordance with Subsection [(6)] (7)(c)(ii);
877 (E) be signed by:
878 (I) if the form is submitted by a dealer, that dealer; or
879 (II) if the form is submitted by an owner of the vessel, an owner of the vessel; and
880 (F) include a certification that the information set forth in the form is true.
881 (ii) A certification made under Subsection [(6)] (7)(d)(i)(F) is considered as if made

882 under oath and subject to the same penalties as provided by law for perjury.
883 (iii) (A) A dealer or an owner that submits a form to the commission under Subsection
884 [(6)] (7)(c) is considered to have given the dealer's or owner's consent to an audit or review by:
885 (I) the commission;
886 (II) the county assessor; or
887 (III) the commission and the county assessor.
888 (B) The consent described in Subsection [(6)] (7)(d)(iii)(A) is a condition to the
889 acceptance of any form.
890 [(7)] (8) (a) A county that collected a qualifying payment from a qualifying person
891 during the refund period shall issue a refund to the qualifying person as described in Subsection
892 [(7)] (8)(b) if:
893 (i) the difference described in Subsection [(7)] (8)(b) is $1 or more; and
894 (ii) the qualifying person submitted a form in accordance with Subsections [(7)] (8)(c)
895 and (d).
896 (b) The refund amount shall be calculated as follows:
897 (i) for a qualifying vehicle, the refund amount is equal to the difference between:
898 (A) the qualifying payment the qualifying person paid on the qualifying vehicle during
899 the refund period; and
900 (B) the amount of the statewide uniform fee:
901 (I) for that qualifying vehicle; and
902 (II) that the qualifying person would have been required to pay:
903 (Aa) during the refund period; and
904 (Bb) in accordance with this section had Laws of Utah 2006, Fifth Special Session,
905 Chapter 3, Section 1, been in effect during the refund period; and
906 (ii) for a qualifying watercraft, the refund amount is equal to the difference between:
907 (A) the qualifying payment the qualifying person paid on the qualifying watercraft
908 during the refund period; and
909 (B) the amount of the statewide uniform fee:
910 (I) for that qualifying watercraft;
911 (II) that the qualifying person would have been required to pay:
912 (Aa) during the refund period; and

913 (Bb) in accordance with this section had Laws of Utah 2006, Fifth Special Session,
914 Chapter 3, Section 1, been in effect during the refund period.
915 (c) Before the county issues a refund to the qualifying person in accordance with
916 Subsection [(7)] (8)(a) the qualifying person shall submit a form to the county to verify the
917 qualifying person is entitled to the refund.
918 (d) (i) A form under Subsection [(7)] (8)(c) or [(8)] (9) shall:
919 (A) be developed by the commission;
920 (B) be provided by the commission to the counties;
921 (C) be provided by the county to the qualifying person or tangible personal property
922 owner;
923 (D) provide for the reporting of the following:
924 (I) for a qualifying vehicle:
925 (Aa) the type of qualifying vehicle; and
926 (Bb) the amount of cubic centimeters displacement;
927 (II) for a qualifying watercraft:
928 (Aa) the length of the qualifying watercraft;
929 (Bb) the age of the qualifying watercraft; and
930 (Cc) the type of qualifying watercraft;
931 (E) be signed by the qualifying person or tangible personal property owner; and
932 (F) include a certification that the information set forth in the form is true.
933 (ii) A certification made under Subsection [(7)] (8)(d)(i)(F) is considered as if made
934 under oath and subject to the same penalties as provided by law for perjury.
935 (iii) (A) A qualifying person or tangible personal property owner that submits a form to
936 a county under Subsection [(7)] (8)(c) or [(8)] (9) is considered to have given the qualifying
937 person's consent to an audit or review by:
938 (I) the commission;
939 (II) the county assessor; or
940 (III) the commission and the county assessor.
941 (B) The consent described in Subsection [(7)] (8)(d)(iii)(A) is a condition to the
942 acceptance of any form.
943 (e) The county shall make changes to the commission's records with the information

944 received by the county from the form submitted in accordance with Subsection [(7)] (8)(c).
945 [(8)] (9) A county shall change its records regarding an item of qualifying tangible
946 personal property if the tangible personal property owner submits a form to the county in
947 accordance with Subsection [(7)] (8)(d).
948 [(9)] (10) (a) For purposes of this Subsection [(9)] (10), "owner of tangible personal
949 property" means a person that was required to pay a uniform statewide fee:
950 (i) during the refund period;
951 (ii) in accordance with this section; and
952 (iii) on an item of tangible personal property subject to the uniform statewide fees
953 imposed by this section.
954 (b) A county that collected revenues from uniform statewide fees imposed by this
955 section during the refund period shall notify an owner of tangible personal property:
956 (i) of the tangible personal property classification changes made to this section
957 pursuant to Laws of Utah 2006, Fifth Special Session, Chapter 3, Section 1;
958 (ii) that the owner of tangible personal property may obtain and file a form to modify
959 the county's records regarding the owner's tangible personal property; and
960 (iii) that the owner may be entitled to a refund pursuant to Subsection [(7)] (8).
961 Section 15. Section 63J-1-602.2 is amended to read:
962 63J-1-602.2. List of nonlapsing funds and accounts -- Title 31 through Title 45.
963 (1) Appropriations from the Technology Development Restricted Account created in
964 Section 31A-3-104 .
965 (2) Appropriations from the Criminal Background Check Restricted Account created in
966 Section 31A-3-105 .
967 (3) Appropriations from the Captive Insurance Restricted Account created in Section
968 31A-3-304 , except to the extent that Section 31A-3-304 makes the money received under that
969 section free revenue.
970 (4) Appropriations from the Title Licensee Enforcement Restricted Account created in
971 Section 31A-23a-415 .
972 (5) Appropriations from the Health Insurance Actuarial Review Restricted Account
973 created in Section 31A-30-115 .
974 (6) Appropriations from the Insurance Fraud Investigation Restricted Account created

975 in Section 31A-31-108 .
976 (7) Funding for a new program or agency that is designated as nonlapsing under
977 Section 36-24-101 .
978 (8) Appropriations from the Oil and Gas Conservation Account created in Section
979 40-6-14.5 .
980 (9) Appropriations from the Electronic Payment Fee Restricted Account created by
981 Section 41-1a-121 to the Motor Vehicle Division.
982 (10) Funds available to the Tax Commission under Section 41-1a-1201 for the:
983 (a) purchase and distribution of license plates and decals[.]; and
984 (b) administration and enforcement of motor vehicle registration requirements.
985 Section 16. Section 72-2-118 is amended to read:
986 72-2-118. Centennial Highway Fund Restricted Account.
987 (1) There is created a restricted account entitled the Centennial Highway Fund
988 Restricted Account within the Transportation Investment Fund of 2005 created by Section
989 72-2-124 .
990 (2) The account consists of money generated from the following revenue sources:
991 (a) any voluntary contributions received for the construction, major reconstruction, or
992 major renovation of state or federal highways;
993 (b) appropriations made to the fund by the Legislature;
994 (c) registration fees designated under [Subsection] Section 41-1a-1201 [(6)(a)]; and
995 (d) the sales and use tax amounts provided for in Section 59-12-103 .
996 (3) (a) The account shall earn interest.
997 (b) All interest earned on account money shall be deposited into the account.
998 (4) The executive director may use account money, as prioritized by the Transportation
999 Commission, only to pay the costs of construction, major reconstruction, or major renovation
1000 to state and federal highways.
1001 (5) When the highway general obligation bonds have been paid off and the highway
1002 projects completed that are intended to be paid from revenues deposited in the account as
1003 determined by the Executive Appropriations Committee under Subsection (6)(d), the Division
1004 of Finance shall transfer any existing balance in the account into the Transportation Investment
1005 Fund of 2005 created by Section 72-2-124 .

1006 (6) (a) The Division of Finance shall monitor the highway general obligation bonds
1007 that are being paid from revenues deposited in the account.
1008 (b) The department shall monitor the highway construction, major reconstruction, or
1009 major renovation projects that are being paid from revenues deposited in the account.
1010 (c) Upon request by the Executive Appropriations Committee of the Legislature:
1011 (i) the Division of Finance shall report to the committee the status of all highway
1012 general obligation bonds that are being paid from revenues deposited in the account; and
1013 (ii) the department shall report to the committee the status of all highway construction,
1014 major reconstruction, or major renovation projects that are being paid from revenues deposited
1015 in the account.
1016 (d) The Executive Appropriations Committee of the Legislature shall notify the State
1017 Tax Commission, the department, and the Division of Finance when:
1018 (i) all highway general obligation bonds that are intended to be paid from revenues
1019 deposited in the account have been paid off; and
1020 (ii) all highway projects that are intended to be paid from revenues deposited in the
1021 account have been completed.
1022 (7) (a) The Division of Finance shall, from funds that are deposited into the Centennial
1023 Highway Fund Restricted Account, transfer into the Transportation Investment Fund of 2005
1024 created by Section 72-2-124 the amount of funds certified by the Transportation Commission
1025 in accordance with Subsection (7)(b) that are not required to pay:
1026 (i) principal, interest, and issuance costs of bonds issued for projects in the Centennial
1027 Highway Program in the current fiscal year; or
1028 (ii) construction or reconstruction costs for projects in the Centennial Highway
1029 Program in the current fiscal year.
1030 (b) The Division of Finance shall transfer the amount under Subsection (7)(a) when the
1031 Division of Finance receives a written letter from the Transportation Commission certifying the
1032 amount of funds available under Subsection (7)(a).
1033 Section 17. Section 72-2-124 is amended to read:
1034 72-2-124. Transportation Investment Fund of 2005.
1035 (1) There is created a special revenue fund entitled the Transportation Investment Fund
1036 of 2005.

1037 (2) The fund consists of money generated from the following sources:
1038 (a) any voluntary contributions received for the maintenance, construction,
1039 reconstruction, or renovation of state and federal highways;
1040 (b) appropriations made to the fund by the Legislature;
1041 (c) the sales and use tax revenues deposited into the fund in accordance with Section
1042 59-12-103 ; and
1043 (d) registration fees designated under [Subsection] Section 41-1a-1201 [(7)].
1044 [(3) When the highway general obligation bonds have been paid off and the highway
1045 projects completed that are intended to be paid from revenues deposited in the Centennial
1046 Highway Fund Restricted Account as determined by the Executive Appropriations Committee
1047 under Subsection 72-2-118 (6)(d), the fund shall also consist of money generated from the
1048 following sources:]
1049 [(a) registration fees designated under Subsection 41-1a-1201 (6)(a); and]
1050 [(b) the sales and use tax amounts provided for in Section 59-12-103 .]
1051 [(4)] (3) (a) The fund shall earn interest.
1052 (b) All interest earned on fund money shall be deposited into the fund.
1053 [(5)] (4) (a) Except as provided in Subsection [(5)] (4)(b), the executive director may
1054 use fund money only to pay:
1055 (i) the costs of maintenance, construction, reconstruction, or renovation to state and
1056 federal highways prioritized by the Transportation Commission through the prioritization
1057 process for new transportation capacity projects adopted under Section 72-1-304 ;
1058 (ii) the costs of maintenance, construction, reconstruction, or renovation to the highway
1059 projects described in Subsection 63B-18-401 (2); and
1060 (iii) principal, interest, and issuance costs of bonds authorized by Section 63B-18-401 .
1061 (b) The executive director may use fund money to exchange for an equal or greater
1062 amount of federal transportation funds to be used as provided in Subsection [(5)] (4)(a).
1063 (6) (a) Before bonds authorized by Section 63B-18-401 may be issued in any fiscal
1064 year, the department and the commission shall appear before the Executive Appropriations
1065 Committee of the Legislature and present the amount of bond proceeds that the department
1066 needs to provide funding for the projects identified in Subsection 63B-18-401 (2) for the next
1067 fiscal year.

1068 (b) The Executive Appropriations Committee of the Legislature shall review and
1069 comment on the amount of bond proceeds needed to fund the projects.
1070 (7) The Division of Finance shall, from money deposited into the fund, transfer the
1071 amount of funds necessary to pay principal, interest, and issuance costs of bonds authorized by
1072 Section 63B-18-401 in the current fiscal year to the appropriate debt service or sinking fund.
1073 Section 18. Effective date.
1074 This bill takes effect on July 1, 2013.