1     
OFF-HIGHWAY VEHICLE AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Michael E. Noel

5     
Senate Sponsor: Evan J. Vickers

6     

7     LONG TITLE
8     General Description:
9           This bill modifies provisions related to off-highway vehicles.
10     Highlighted Provisions:
11          This bill:
12          ▸      modifies the registration fee and uniform statewide fee for all-terrain vehicles,
13     certain motorcycles, snowmobiles, and street-legal all-terrain vehicles; and
14          ▸     makes technical and conforming changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          This bill provides a special effective date.
19     Utah Code Sections Affected:
20     AMENDS:
21          41-6a-1509, as last amended by Laws of Utah 2017, Chapters 393 and 406
22          41-22-8, as last amended by Laws of Utah 2017, Chapter 261
23          59-2-405.2, as last amended by Laws of Utah 2014, Chapter 237
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 41-6a-1509 is amended to read:
27          41-6a-1509. Street-legal all-terrain vehicle -- Operation on highways --
28     Registration and licensing requirements -- Equipment requirements.

29          (1) (a) An all-terrain type I vehicle, utility type vehicle, or full-sized all-terrain vehicle
30     that meets the requirements of this section may be operated as a street-legal ATV on a street or
31     highway unless:
32          (i) the highway is an interstate freeway as defined in Section 41-6a-102; or
33          (ii) (A) the highway is in a county of the first class;
34          (B) the highway is near a grade separated portion of the highway;
35          (C) the highway has a posted speed limit of 50 miles per hour or greater; and
36          (D) the highway authority with jurisdiction over the highway has designated a portion
37     of a highway as closed to street-legal ATVs.
38          (b) The restriction to street-legal ATVs described in Subsection (1)(a)(ii) is effective
39     when appropriate signs giving notice are erected on the highway or portion of the highway.
40          (c) Nothing in this section authorizes the operation of a street-legal ATV in an area that
41     is not open to motor vehicle use.
42          (2) A street-legal ATV shall comply with Section 59-2-405.2, Subsection
43     41-1a-205(1), Subsection 53-8-205(1)(b), and the same requirements as:
44          (a) a motorcycle for:
45          (i) traffic rules under Title 41, Chapter 6a, Traffic Code;
46          (ii) [registration,] titling, odometer statement, vehicle identification, license plates, and
47     registration [fees], excluding registration fees, under Title 41, Chapter 1a, Motor Vehicle Act;
48     and
49          [(iii) fees in lieu of property taxes or in lieu of fees under Section 59-2-405.2; and]
50          [(iv)] (iii) the county motor vehicle emissions inspection and maintenance programs
51     under Section 41-6a-1642;
52          (b) a motor vehicle for:
53          (i) driver licensing under Title 53, Chapter 3, Uniform Driver License Act; and
54          (ii) motor vehicle insurance under Title 41, Chapter 12a, Financial Responsibility of
55     Motor Vehicle Owners and Operators Act; and

56          (c) an all-terrain type I or type II vehicle for off-highway vehicle provisions under Title
57     41, Chapter 22, Off-Highway Vehicles, and Title 41, Chapter 3, Motor Vehicle Business
58     Regulation Act, unless otherwise specified in this section.
59          (3) (a) The owner of an all-terrain type I vehicle or a utility type vehicle being operated
60     as a street-legal ATV shall ensure that the vehicle is equipped with:
61          (i) one or more headlamps that meet the requirements of Section 41-6a-1603;
62          (ii) one or more tail lamps;
63          (iii) a tail lamp or other lamp constructed and placed to illuminate the registration plate
64     with a white light;
65          (iv) one or more red reflectors on the rear;
66          (v) one or more stop lamps on the rear;
67          (vi) amber or red electric turn signals, one on each side of the front and rear;
68          (vii) a braking system, other than a parking brake, that meets the requirements of
69     Section 41-6a-1623;
70          (viii) a horn or other warning device that meets the requirements of Section
71     41-6a-1625;
72          (ix) a muffler and emission control system that meets the requirements of Section
73     41-6a-1626;
74          (x) rearview mirrors on the right and left side of the driver in accordance with Section
75     41-6a-1627;
76          (xi) a windshield, unless the operator wears eye protection while operating the vehicle;
77          (xii) a speedometer, illuminated for nighttime operation;
78          (xiii) for vehicles designed by the manufacturer for carrying one or more passengers, a
79     seat designed for passengers, including a footrest and handhold for each passenger;
80          (xiv) for vehicles with side-by-side seating, seatbelts for each vehicle occupant; and
81          (xv) tires that:
82          (A) are not larger than the tires that the all-terrain vehicle manufacturer made available

83     for the all-terrain vehicle model; and
84          (B) have at least 2/32 inches or greater tire tread.
85          (b) The owner of a full-sized all-terrain vehicle being operated as a street-legal
86     all-terrain vehicle shall ensure that the vehicle is equipped with:
87          (i) two headlamps that meet the requirements of Section 41-6a-1603;
88          (ii) two tail lamps;
89          (iii) a tail lamp or other lamp constructed and placed to illuminate the registration plate
90     with a white light;
91          (iv) one or more red reflectors on the rear;
92          (v) two stop lamps on the rear;
93          (vi) amber or red electric turn signals, one on each side of the front and rear;
94          (vii) a braking system, other than a parking brake, that meets the requirements of
95     Section 41-6a-1623;
96          (viii) a horn or other warning device that meets the requirements of Section
97     41-6a-1625;
98          (ix) a muffler and emission control system that meets the requirements of Section
99     41-6a-1626;
100          (x) rearview mirrors on the right and left side of the driver in accordance with Section
101     41-6a-1627;
102          (xi) a windshield, unless the operator wears eye protection while operating the vehicle;
103          (xii) a speedometer, illuminated for nighttime operation;
104          (xiii) for vehicles designed by the manufacturer for carrying one or more passengers, a
105     seat designed for passengers, including a footrest and handhold for each passenger;
106          (xiv) for vehicles with side-by-side seating, seatbelts for each vehicle occupant; and
107          (xv) tires that:
108          (A) do not exceed 44 inches in height; and
109          (B) have at least 2/32 inches or greater tire tread.

110          (c) The owner of a street-legal all-terrain vehicle is not required to equip the vehicle
111     with wheel covers, mudguards, flaps, or splash aprons.
112          (4) (a) Subject to the requirements of Subsection (4)(b), an operator of a street-legal
113     all-terrain vehicle, when operating a street-legal all-terrain vehicle on a highway, may not
114     exceed the lesser of:
115          (i) the posted speed limit; or
116          (ii) 50 miles per hour.
117          (b) An operator of a street-legal all-terrain vehicle, when operating a street-legal
118     all-terrain vehicle on a highway with a posted speed limit higher than 50 miles per hour, shall:
119          (i) operate the street-legal all-terrain vehicle on the extreme right hand side of the
120     roadway; and
121          (ii) equip the street-legal all-terrain vehicle with a reflector or reflective tape to the front
122     and back of both sides of the vehicle.
123          (5) (a) A nonresident operator of an off-highway vehicle that is authorized to be
124     operated on the highways of another state has the same rights and privileges as a street-legal
125     ATV that is granted operating privileges on the highways of this state, subject to the
126     restrictions under this section and rules made by the Board of Parks and Recreation, if the other
127     state offers reciprocal operating privileges to Utah residents.
128          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
129     Board of Parks and Recreation shall establish eligibility requirements for reciprocal operating
130     privileges for nonresident users granted under Subsection (5)(a).
131          (6) Nothing in this chapter restricts the owner of an off-highway vehicle from operating
132     the off-highway vehicle in accordance with Section 41-22-10.5.
133          (7) A violation of this section is an infraction.
134          Section 2. Section 41-22-8 is amended to read:
135          41-22-8. Registration fees.
136          (1) The board shall establish the fees which shall be paid in accordance with this

137     chapter, subject to the following:
138          (a) (i) Except as provided in Subsection (1)(a)(ii) or (iii), the fee for each off-highway
139     vehicle registration may not exceed [$18] $35.
140          (ii) The fee for each snowmobile registration may not exceed $26.
141          (iii) The fee for each street-legal all-terrain vehicle may not exceed $72.
142          (b) The fee for each duplicate registration card may not exceed $3.
143          (c) The fee for each duplicate registration sticker may not exceed $5.
144          (2) A fee may not be charged for an off-highway vehicle that is owned and operated by
145     the United States Government, this state, or its political subdivisions.
146          (3) (a) In addition to the fees under this section, Section 41-22-33, and Section
147     41-22-34, the Motor Vehicle Division shall require a person to pay [50 cents] one dollar to
148     register an off-highway vehicle under Section 41-22-3.
149          (b) The Motor Vehicle Division shall deposit the fees the Motor Vehicle Division
150     collects under Subsection (3)(a) into the Spinal Cord and Brain Injury Rehabilitation Fund
151     described in Section 26-54-102.
152          Section 3. Section 59-2-405.2 is amended to read:
153          59-2-405.2. Definitions -- Uniform statewide fee on certain tangible personal
154     property -- Distribution of revenues -- Rulemaking authority -- Determining the length of
155     a vessel.
156          (1) As used in this section:
157          (a) (i) Except as provided in Subsection (1)(a)(ii), "all-terrain vehicle" means a motor
158     vehicle that:
159          (A) is an:
160          (I) all-terrain type I vehicle as defined in Section 41-22-2; or
161          (II) all-terrain type II vehicle as defined in Section 41-22-2;
162          (B) is required to be registered in accordance with Title 41, Chapter 22, Off-Highway
163     Vehicles; and

164          (C) has:
165          (I) an engine with more than 150 cubic centimeters displacement;
166          (II) a motor that produces more than five horsepower; or
167          (III) an electric motor; and
168          (ii) notwithstanding Subsection (1)(a)(i), "all-terrain vehicle" does not include a
169     snowmobile.
170          (b) "Camper" means a camper:
171          (i) as defined in Section 41-1a-102; and
172          (ii) that is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
173     Registration.
174          (c) (i) "Canoe" means a vessel that:
175          (A) is long and narrow;
176          (B) has curved sides; and
177          (C) is tapered:
178          (I) to two pointed ends; or
179          (II) to one pointed end and is blunt on the other end; and
180          (ii) "canoe" includes:
181          (A) a collapsible inflatable canoe;
182          (B) a kayak;
183          (C) a racing shell;
184          (D) a rowing scull; or
185          (E) notwithstanding the definition of vessel in Subsection (1)(bb), a canoe with an
186     outboard motor.
187          (d) "Dealer" is as defined in Section 41-1a-102.
188          (e) "Jon boat" means a vessel that:
189          (i) has a square bow; and
190          (ii) has a flat bottom.

191          (f) "Motor vehicle" is as defined in Section 41-22-2.
192          (g) "Other motorcycle" means a motor vehicle that:
193          (i) is:
194          (A) a motorcycle as defined in Section 41-1a-102; and
195          (B) designed primarily for use and operation over unimproved terrain;
196          (ii) is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
197     Registration; and
198          (iii) has:
199          (A) an engine with more than 150 cubic centimeters displacement; or
200          (B) a motor that produces more than five horsepower.
201          (h) (i) "Other trailer" means a portable vehicle without motive power that is primarily
202     used:
203          (A) to transport tangible personal property; and
204          (B) for a purpose other than a commercial purpose; and
205          (ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
206     purposes of Subsection (1)(h)(i)(B), the commission may by rule define what constitutes a
207     purpose other than a commercial purpose.
208          (i) "Outboard motor" is as defined in Section 41-1a-102.
209          (j) "Park model recreational vehicle" is as defined in Section 41-1a-102.
210          (k) "Personal watercraft" means a personal watercraft:
211          (i) as defined in Section 73-18-2; and
212          (ii) that is required to be registered in accordance with Title 73, Chapter 18, State
213     Boating Act.
214          (l) (i) "Pontoon" means a vessel that:
215          (A) is:
216          (I) supported by one or more floats; and
217          (II) propelled by either inboard or outboard power; and

218          (B) is not:
219          (I) a houseboat; or
220          (II) a collapsible inflatable vessel; and
221          (ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
222     commission may by rule define the term "houseboat."
223          (m) "Qualifying adjustment, exemption, or reduction" means an adjustment,
224     exemption, or reduction:
225          (i) of all or a portion of a qualifying payment;
226          (ii) granted by a county during the refund period; and
227          (iii) received by a qualifying person.
228          (n) (i) "Qualifying payment" means the payment made:
229          (A) of a uniform statewide fee in accordance with this section:
230          (I) by a qualifying person;
231          (II) to a county; and
232          (III) during the refund period; and
233          (B) on an item of qualifying tangible personal property; and
234          (ii) if a qualifying person received a qualifying adjustment, exemption, or reduction for
235     an item of qualifying tangible personal property, the qualifying payment for that qualifying
236     tangible personal property is equal to the difference between:
237          (A) the payment described in this Subsection (1)(n) for that item of qualifying tangible
238     personal property; and
239          (B) the amount of the qualifying adjustment, exemption, or reduction.
240          (o) "Qualifying person" means a person that paid a uniform statewide fee:
241          (i) during the refund period;
242          (ii) in accordance with this section; and
243          (iii) on an item of qualifying tangible personal property.
244          (p) "Qualifying tangible personal property" means a:

245          (i) qualifying vehicle; or
246          (ii) qualifying watercraft.
247          (q) "Qualifying vehicle" means:
248          (i) an all-terrain vehicle with an engine displacement that is 100 or more cubic
249     centimeters but 150 or less cubic centimeters;
250          (ii) an other motorcycle with an engine displacement that is 100 or more cubic
251     centimeters but 150 or less cubic centimeters;
252          (iii) a small motor vehicle with an engine displacement that is 100 or more cubic
253     centimeters but 150 or less cubic centimeters;
254          (iv) a snowmobile with an engine displacement that is 100 or more cubic centimeters
255     but 150 or less cubic centimeters; or
256          (v) a street motorcycle with an engine displacement that is 100 or more cubic
257     centimeters but 150 or less cubic centimeters.
258          (r) "Qualifying watercraft" means a:
259          (i) canoe;
260          (ii) collapsible inflatable vessel;
261          (iii) jon boat;
262          (iv) pontoon;
263          (v) sailboat; or
264          (vi) utility boat.
265          (s) "Refund period" means the time period:
266          (i) beginning on January 1, 2006; and
267          (ii) ending on December 29, 2006.
268          (t) "Sailboat" means a sailboat as defined in Section 73-18-2.
269          (u) (i) "Small motor vehicle" means a motor vehicle that:
270          (A) is required to be registered in accordance with Title 41, Motor Vehicles; and
271          (B) has:

272          (I) an engine with 150 or less cubic centimeters displacement; or
273          (II) a motor that produces five or less horsepower; and
274          (ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
275     commission may by rule develop a process for an owner of a motor vehicle to certify whether
276     the motor vehicle has:
277          (A) an engine with 150 or less cubic centimeters displacement; or
278          (B) a motor that produces five or less horsepower.
279          (v) "Snowmobile" means a motor vehicle that:
280          (i) is a snowmobile as defined in Section 41-22-2;
281          (ii) is required to be registered in accordance with Title 41, Chapter 22, Off-Highway
282     Vehicles; and
283          (iii) has:
284          (A) an engine with more than 150 cubic centimeters displacement; or
285          (B) a motor that produces more than five horsepower.
286          (w) "Street-legal all-terrain vehicle" means the same as that term is defined in Section
287     41-6a-102.
288          [(w)] (x) "Street motorcycle" means a motor vehicle that:
289          (i) is:
290          (A) a motorcycle as defined in Section 41-1a-102; and
291          (B) designed primarily for use and operation on highways;
292          (ii) is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
293     Registration; and
294          (iii) has:
295          (A) an engine with more than 150 cubic centimeters displacement; or
296          (B) a motor that produces more than five horsepower.
297          [(x)] (y) "Tangible personal property owner" means a person that owns an item of
298     qualifying tangible personal property.

299          [(y)] (z) "Tent trailer" means a portable vehicle without motive power that:
300          (i) is constructed with collapsible side walls that:
301          (A) fold for towing by a motor vehicle; and
302          (B) unfold at a campsite;
303          (ii) is designed as a temporary dwelling for travel, recreational, or vacation use;
304          (iii) is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
305     Registration; and
306          (iv) does not require a special highway movement permit when drawn by a
307     self-propelled motor vehicle.
308          [(z)] (aa) (i) Except as provided in Subsection (1)[(z)](aa)(ii), "travel trailer" means a
309     travel trailer:
310          (A) as defined in Section 41-1a-102; and
311          (B) that is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
312     Registration; and
313          (ii) notwithstanding Subsection (1)[(z)](aa)(i), "travel trailer" does not include:
314          (A) a camper; or
315          (B) a tent trailer.
316          [(aa)] (bb) (i) "Utility boat" means a vessel that:
317          (A) has:
318          (I) two or three bench seating;
319          (II) an outboard motor; and
320          (III) a hull made of aluminum, fiberglass, or wood; and
321          (B) does not have:
322          (I) decking;
323          (II) a permanent canopy; or
324          (III) a floor other than the hull; and
325          (ii) notwithstanding Subsection (1)[(aa)](bb)(i), "utility boat" does not include a

326     collapsible inflatable vessel.
327          [(bb)] (cc) "Vessel" means a vessel:
328          (i) as defined in Section 73-18-2, including an outboard motor of the vessel; and
329          (ii) that is required to be registered in accordance with Title 73, Chapter 18, State
330     Boating Act.
331          (2) (a) In accordance with Utah Constitution Article XIII, Section 2, Subsection (6),
332     beginning on January 1, 2006, the tangible personal property described in Subsection (2)(b) is:
333          (i) exempt from the tax imposed by Section 59-2-103; and
334          (ii) in lieu of the tax imposed by Section 59-2-103, subject to uniform statewide fees as
335     provided in this section.
336          (b) The following tangible personal property applies to Subsection (2)(a) if that
337     tangible personal property is required to be registered with the state:
338          (i) an all-terrain vehicle;
339          (ii) a camper;
340          (iii) an other motorcycle;
341          (iv) an other trailer;
342          (v) a personal watercraft;
343          (vi) a small motor vehicle;
344          (vii) a snowmobile;
345          (viii) a street motorcycle;
346          (ix) a tent trailer;
347          (x) a travel trailer;
348          (xi) a park model recreational vehicle; and
349          (xii) a vessel if that vessel is less than 31 feet in length as determined under Subsection
350     (6).
351          (3) Except as provided in Subsection (4) and for purposes of this section, the uniform
352     statewide fees are:

353          (a) for [an all-terrain vehicle, an other motorcycle, or] a snowmobile:
354      Age of [All-Terrain Vehicle, Other Motorcycle, or] SnowmobileUniform Statewide Fee
355      12 or more years$10
356      9 or more years but less than 12 years$20
357      6 or more years but less than 9 years$30
358      3 or more years but less than 6 years$35
359      Less than 3 years$45
360          (b) for an all-terrain vehicle that is not a street-legal all-terrain vehicle or another
361     motorcycle:
362      Age of All-Terrain Vehicle or Other Motorcycle Uniform
Statewide Fee
Uniform Statewide Fee
363      12 or more years$4
364      9 or more years but less than 12 years$8
365      6 or more years but less than 9 years$12
366      3 or more years but less than 6 years$14
367      Less than 3 years$18
368          (c) for a street-legal all-terrain vehicle:
369      Age of Street-Legal All-Terrain Vehicle Uniform Statewide Fee
370      12 or more years$4
371      9 or more years but less than 12 years$14
372      6 or more years but less than 9 years$20
373      3 or more years but less than 6 years$28
374      Less than 3 years$38
375          [(b)] (d) for a camper or a tent trailer:

376                     Age of Camper or Tent TrailerUniform Statewide Fee
377      12 or more years$10
378      9 or more years but less than 12 years$25
379      6 or more years but less than 9 years$35
380      3 or more years but less than 6 years$50
381      Less than 3 years$70
382          [(c)] (e) for an other trailer:
383                     Age of Other TrailerUniform Statewide Fee
384      12 or more years$10
385      9 or more years but less than 12 years$15
386      6 or more years but less than 9 years$20
387      3 or more years but less than 6 years$25
388      Less than 3 years$30
389          [(d)] (f) for a personal watercraft:
390                     Age of Personal WatercraftUniform Statewide Fee
391      12 or more years$10
392      9 or more years but less than 12 years$25
393      6 or more years but less than 9 years$35
394      3 or more years but less than 6 years$45
395      Less than 3 years$55
396          [(e)] (g) for a small motor vehicle:
397                     Age of Small Motor VehicleUniform Statewide Fee
398      6 or more years$10
399      3 or more years but less than 6 years$15
400      Less than 3 years$25
401          [(f)] (h) for a street motorcycle:
402                     Age of Street MotorcycleUniform Statewide Fee
403      12 or more years$10
404      9 or more years but less than 12 years$35
405      6 or more years but less than 9 years$50
406      3 or more years but less than 6 years$70
407      Less than 3 years$95
408          [(g)] (i) for a travel trailer or park model recreational vehicle:
409           Age of Travel Trailer or Park Model Recreational VehicleUniform Statewide Fee
410      12 or more years$20
411      9 or more years but less than 12 years$65
412      6 or more years but less than 9 years$90
413      3 or more years but less than 6 years$135
414      Less than 3 years$175
415          [(h)] (j) $10 regardless of the age of the vessel if the vessel is:
416          (i) less than 15 feet in length;
417          (ii) a canoe;
418          (iii) a jon boat; or
419          (iv) a utility boat;
420          [(i)] (k) for a collapsible inflatable vessel, pontoon, or sailboat, regardless of age:
421                Length of VesselUniform Statewide Fee
422      15 feet or more in length but less than 19 feet in length$15
423      19 feet or more in length but less than 23 feet in length$25
424      23 feet or more in length but less than 27 feet in length$40
425      27 feet or more in length but less than 31 feet in length$75
426          [(j)] (l) for a vessel, other than a canoe, collapsible inflatable vessel, jon boat, pontoon,
427     sailboat, or utility boat, that is 15 feet or more in length but less than 19 feet in length:
428                     Age of VesselUniform Statewide Fee
429      12 or more years$25
430      9 or more years but less than 12 years$65
431      6 or more years but less than 9 years$80
432      3 or more years but less than 6 years$110
433      Less than 3 years$150
434          [(k)] (m) for a vessel, other than a canoe, collapsible inflatable vessel, jon boat,
435     pontoon, sailboat, or utility boat, that is 19 feet or more in length but less than 23 feet in length:
436                     Age of VesselUniform Statewide Fee
437      12 or more years$50
438      9 or more years but less than 12 years$120
439      6 or more years but less than 9 years$175
440      3 or more years but less than 6 years$220
441      Less than 3 years$275
442          [(l)] (n) for a vessel, other than a canoe, collapsible inflatable vessel, jon boat, pontoon,
443     sailboat, or utility boat, that is 23 feet or more in length but less than 27 feet in length:
444                     Age of VesselUniform Statewide Fee
445      12 or more years$100
446      9 or more years but less than 12 years$180
447      6 or more years but less than 9 years$240
448      3 or more years but less than 6 years$310
449      Less than 3 years$400
450          [(m)] (o) for a vessel, other than a canoe, collapsible inflatable vessel, jon boat,
451     pontoon, sailboat, or utility boat, that is 27 feet or more in length but less than 31 feet in length:
452                     Age of VesselUniform Statewide Fee
453      12 or more years$120
454      9 or more years but less than 12 years$250
455      6 or more years but less than 9 years$350
456      3 or more years but less than 6 years$500
457      Less than 3 years$700
458          (4) For registrations under Section 41-1a-215.5, the uniform fee for purposes of this
459     section is as follows:
460          (a) for a street motorcycle:
461                     Age of Street MotorcycleUniform Statewide Fee
462      12 or more years$7.75
463      9 or more years but less than 12 years$27
464      6 or more years but less than 9 years     $38.50
465      3 or more years but less than 6 years$54
466      Less than 3 years$73
467          (b) for a small motor vehicle:
468                Age of Small Motor VehicleUniform Statewide Fee
469      6 or more years$7.75
470      3 or more years but less than 6 years$11.50
471      Less than 3 years$19.25
472          (5) Notwithstanding Section 59-2-407, tangible personal property subject to the
473     uniform statewide fees imposed by this section that is brought into the state shall, as a

474     condition of registration, be subject to the uniform statewide fees unless all property taxes or
475     uniform fees imposed by the state of origin have been paid for the current calendar year.
476          (6) (a) The revenues collected in each county from the uniform statewide fees imposed
477     by this section shall be distributed by the county to each taxing entity in which each item of
478     tangible personal property subject to the uniform statewide fees is located in the same
479     proportion in which revenues collected from the ad valorem property tax are distributed.
480          (b) Each taxing entity described in Subsection (6)(a) that receives revenues from the
481     uniform statewide fees imposed by this section shall distribute the revenues in the same
482     proportion in which revenues collected from the ad valorem property tax are distributed.
483          (7) (a) For purposes of the uniform statewide fee imposed by this section, the length of
484     a vessel shall be determined as provided in this Subsection (7).
485          (b) (i) Except as provided in Subsection (7)(b)(ii), the length of a vessel shall be
486     measured as follows:
487          (A) the length of a vessel shall be measured in a straight line; and
488          (B) the length of a vessel is equal to the distance between the bow of the vessel and the
489     stern of the vessel.
490          (ii) Notwithstanding Subsection (7)(b)(i), the length of a vessel may not include the
491     length of:
492          (A) a swim deck;
493          (B) a ladder;
494          (C) an outboard motor; or
495          (D) an appurtenance or attachment similar to Subsections (7)(b)(ii)(A) through (C) as
496     determined by the commission by rule.
497          (iii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
498     the commission may by rule define what constitutes an appurtenance or attachment similar to
499     Subsections (7)(b)(ii)(A) through (C).
500          (c) The length of a vessel:

501          (i) (A) for a new vessel, is the length:
502          (I) listed on the manufacturer's statement of origin if the length of the vessel measured
503     under Subsection (7)(b) is equal to the length of the vessel listed on the manufacturer's
504     statement of origin; or
505          (II) listed on a form submitted to the commission by a dealer in accordance with
506     Subsection (7)(d) if the length of the vessel measured under Subsection (7)(b) is not equal to
507     the length of the vessel listed on the manufacturer's statement of origin; or
508          (B) for a vessel other than a new vessel, is the length:
509          (I) corresponding to the model number if the length of the vessel measured under
510     Subsection (7)(b) is equal to the length of the vessel determined by reference to the model
511     number; or
512          (II) listed on a form submitted to the commission by an owner of the vessel in
513     accordance with Subsection (7)(d) if the length of the vessel measured under Subsection (7)(b)
514     is not equal to the length of the vessel determined by reference to the model number; and
515          (ii) (A) is determined at the time of the:
516          (I) first registration as defined in Section 41-1a-102 that occurs on or after January 1,
517     2006; or
518          (II) first renewal of registration that occurs on or after January 1, 2006; and
519          (B) may be determined after the time described in Subsection (7)(c)(ii)(A) only if the
520     commission requests that a dealer or an owner submit a form to the commission in accordance
521     with Subsection (7)(d).
522          (d) (i) A form under Subsection (7)(c) shall:
523          (A) be developed by the commission;
524          (B) be provided by the commission to:
525          (I) a dealer; or
526          (II) an owner of a vessel;
527          (C) provide for the reporting of the length of a vessel;

528          (D) be submitted to the commission at the time the length of the vessel is determined in
529     accordance with Subsection (7)(c)(ii);
530          (E) be signed by:
531          (I) if the form is submitted by a dealer, that dealer; or
532          (II) if the form is submitted by an owner of the vessel, an owner of the vessel; and
533          (F) include a certification that the information set forth in the form is true.
534          (ii) A certification made under Subsection (7)(d)(i)(F) is considered as if made under
535     oath and subject to the same penalties as provided by law for perjury.
536          (iii) (A) A dealer or an owner that submits a form to the commission under Subsection
537     (7)(c) is considered to have given the dealer's or owner's consent to an audit or review by:
538          (I) the commission;
539          (II) the county assessor; or
540          (III) the commission and the county assessor.
541          (B) The consent described in Subsection (7)(d)(iii)(A) is a condition to the acceptance
542     of any form.
543          (8) (a) A county that collected a qualifying payment from a qualifying person during
544     the refund period shall issue a refund to the qualifying person as described in Subsection (8)(b)
545     if:
546          (i) the difference described in Subsection (8)(b) is $1 or more; and
547          (ii) the qualifying person submitted a form in accordance with Subsections (8)(c) and
548     (d).
549          (b) The refund amount shall be calculated as follows:
550          (i) for a qualifying vehicle, the refund amount is equal to the difference between:
551          (A) the qualifying payment the qualifying person paid on the qualifying vehicle during
552     the refund period; and
553          (B) the amount of the statewide uniform fee:
554          (I) for that qualifying vehicle; and

555          (II) that the qualifying person would have been required to pay:
556          (Aa) during the refund period; and
557          (Bb) in accordance with this section had Laws of Utah 2006, Fifth Special Session,
558     Chapter 3, Section 1, been in effect during the refund period; and
559          (ii) for a qualifying watercraft, the refund amount is equal to the difference between:
560          (A) the qualifying payment the qualifying person paid on the qualifying watercraft
561     during the refund period; and
562          (B) the amount of the statewide uniform fee:
563          (I) for that qualifying watercraft;
564          (II) that the qualifying person would have been required to pay:
565          (Aa) during the refund period; and
566          (Bb) in accordance with this section had Laws of Utah 2006, Fifth Special Session,
567     Chapter 3, Section 1, been in effect during the refund period.
568          (c) Before the county issues a refund to the qualifying person in accordance with
569     Subsection (8)(a) the qualifying person shall submit a form to the county to verify the
570     qualifying person is entitled to the refund.
571          (d) (i) A form under Subsection (8)(c) or (9) shall:
572          (A) be developed by the commission;
573          (B) be provided by the commission to the counties;
574          (C) be provided by the county to the qualifying person or tangible personal property
575     owner;
576          (D) provide for the reporting of the following:
577          (I) for a qualifying vehicle:
578          (Aa) the type of qualifying vehicle; and
579          (Bb) the amount of cubic centimeters displacement;
580          (II) for a qualifying watercraft:
581          (Aa) the length of the qualifying watercraft;

582          (Bb) the age of the qualifying watercraft; and
583          (Cc) the type of qualifying watercraft;
584          (E) be signed by the qualifying person or tangible personal property owner; and
585          (F) include a certification that the information set forth in the form is true.
586          (ii) A certification made under Subsection (8)(d)(i)(F) is considered as if made under
587     oath and subject to the same penalties as provided by law for perjury.
588          (iii) (A) A qualifying person or tangible personal property owner that submits a form to
589     a county under Subsection (8)(c) or (9) is considered to have given the qualifying person's
590     consent to an audit or review by:
591          (I) the commission;
592          (II) the county assessor; or
593          (III) the commission and the county assessor.
594          (B) The consent described in Subsection (8)(d)(iii)(A) is a condition to the acceptance
595     of any form.
596          (e) The county shall make changes to the commission's records with the information
597     received by the county from the form submitted in accordance with Subsection (8)(c).
598          (9) A county shall change its records regarding an item of qualifying tangible personal
599     property if the tangible personal property owner submits a form to the county in accordance
600     with Subsection (8)(d).
601          (10) (a) For purposes of this Subsection (10), "owner of tangible personal property"
602     means a person that was required to pay a uniform statewide fee:
603          (i) during the refund period;
604          (ii) in accordance with this section; and
605          (iii) on an item of tangible personal property subject to the uniform statewide fees
606     imposed by this section.
607          (b) A county that collected revenues from uniform statewide fees imposed by this
608     section during the refund period shall notify an owner of tangible personal property:

609          (i) of the tangible personal property classification changes made to this section
610     pursuant to Laws of Utah 2006, Fifth Special Session, Chapter 3, Section 1;
611          (ii) that the owner of tangible personal property may obtain and file a form to modify
612     the county's records regarding the owner's tangible personal property; and
613          (iii) that the owner may be entitled to a refund pursuant to Subsection (8).
614          Section 4. Effective date.
615          This bill takes effect on January 1, 2019.