1     
UNIFORM FEE IN LIEU OF AD VALOREM TAX

2     
AMENDMENTS

3     
2018 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Norman K. Thurston

6     
Senate Sponsor: ____________

7     

8     LONG TITLE
9     General Description:
10          This bill prohibits collection of the uniform fee in lieu of ad valorem tax on a vehicle
11     more than once per calendar year.
12     Highlighted Provisions:
13          This bill:
14          ▸     prohibits collection of the uniform fee in lieu of ad valorem tax on a vehicle more
15     than once per calendar year; and
16          ▸     provides instructions to limit the collection of the uniform fee in lieu of ad valorem
17     tax on a vehicle registered for six months.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          This bill provides a special effective date.
22     Utah Code Sections Affected:
23     AMENDS:
24          59-2-405.1, as last amended by Laws of Utah 2012, Chapter 397
25          59-2-407, as last amended by Laws of Utah 2005, Chapters 217 and 244
26     

27     Be it enacted by the Legislature of the state of Utah:

28          Section 1. Section 59-2-405.1 is amended to read:
29          59-2-405.1. Uniform fee on certain vehicles weighing 12,000 pounds or less --
30     Distribution of revenues -- Appeals.
31          (1) The property described in Subsection (2) is exempt from ad valorem property taxes
32     pursuant to Utah Constitution Article XIII, Section 2, Subsection (6).
33          (2) (a) Except as provided in Subsection (2)(b) and subject to Subsection (6), there is
34     levied as provided in this part a statewide uniform fee in lieu of the ad valorem tax on:
35          (i) motor vehicles as defined in Section 41-1a-102 that:
36          (A) are required to be registered with the state; and
37          (B) weigh 12,000 pounds or less; and
38          (ii) state-assessed commercial vehicles required to be registered with the state that
39     weigh 12,000 pounds or less.
40          (b) The following tangible personal property is exempt from the statewide uniform fee
41     imposed by this section:
42          (i) aircraft;
43          (ii) tangible personal property subject to a uniform fee imposed by:
44          (A) Section 59-2-405;
45          (B) Section 59-2-405.2; or
46          (C) Section 59-2-405.3; and
47          (iii) tangible personal property that is exempt from state or county ad valorem property
48     taxes under the laws of this state or of the federal government.
49          (3) (a) Except as provided in Subsections (3)(b) and (c), beginning on January 1, 1999,
50     the uniform fee for purposes of this section is as follows:
51      Age of VehicleUniform Fee
52           12 or more years          $10
53           9 or more years but less than 12 years          $50
54           6 or more years but less than 9 years          $80
55           3 or more years but less than 6 years          $110
56           Less than 3 years          $150
57          (b) For registrations under Section 41-1a-215.5, the uniform fee for purposes of this

58     section is as follows:
59      Age of VehicleUniform Fee
60           12 or more years           $7.75
61           9 or more years but less than 12 years          $38.50
62           6 or more years but less than 9 years          $61.50
63           3 or more years but less than 6 years          $84.75
64           Less than 3 years          $115.50
65          (c) Notwithstanding Subsections (3)(a) and (b), beginning on September 1, 2001, for a
66     motor vehicle issued a temporary sports event registration certificate in accordance with
67     Section 41-3-306, the uniform fee for purposes of this section is $5 for the event period
68     specified on the temporary sports event registration certificate regardless of the age of the
69     motor vehicle.
70          (4) Notwithstanding Section 59-2-407, property subject to the uniform fee that is
71     brought into the state and is required to be registered in Utah shall, as a condition of
72     registration, be subject to the uniform fee unless all property taxes or uniform fees imposed by
73     the state of origin have been paid for the current calendar year.
74          (5) (a) The revenues collected in each county from the uniform fee shall be distributed
75     by the county to each taxing entity in which the property described in Subsection (2) is located
76     in the same proportion in which revenue collected from ad valorem real property tax is
77     distributed.
78          (b) Each taxing entity shall distribute the revenues received under Subsection (5)(a) in
79     the same proportion in which revenue collected from ad valorem real property tax is
80     distributed.
81          (6) (a) Except for a vehicle registered under Section 41-1a-215.5, the uniform fee in
82     lieu of the ad valorem tax described and levied in this section may only be collected once per
83     calendar year per vehicle.
84          (b) For a vehicle registered under Section 41-1a-215.5, the uniform fee in lieu of ad
85     valorem tax described and levied in this section may be collected twice per calendar year per
86     vehicle, except that the total amount collected during a calendar year may not exceed an
87     amount equal to twice the amount described in Subsection (3)(b) corresponding to the vehicle

88     being registered.
89          Section 2. Section 59-2-407 is amended to read:
90          59-2-407. Administration of uniform fees.
91          (1) (a) Except as provided in Subsection 59-2-405(4) or 59-2-405.3(4), the uniform fee
92     authorized in Sections 59-2-404, 59-2-405, and 59-2-405.3 shall be assessed at the same time
93     and in the same manner as ad valorem personal property taxes under Chapter 2, Part 13,
94     Collection of Taxes, except that in listing personal property subject to the uniform fee with real
95     property as permitted by Section 59-2-1302, the assessor or, if this duty has been reassigned in
96     an ordinance under Section 17-16-5.5, the treasurer shall list only the amount of the uniform
97     fee due, and not the taxable value of the property subject to the uniform fee.
98          (b) Except as provided in [Subsection ] Subsections 59-2-405.1(4) and (6), the uniform
99     fee imposed by Section 59-2-405.1 shall be assessed at the time of:
100          (i) registration as defined in Section 41-1a-102; and
101          (ii) renewal of registration.
102          (c) Except as provided in Subsection 59-2-405.2(4), the uniform statewide fee imposed
103     by Section 59-2-405.2 shall be assessed at the time of:
104          (i) registration as defined in Section 41-1a-102; and
105          (ii) renewal of registration.
106          (2) The remedies for nonpayment of the uniform fees authorized by Sections 59-2-404,
107     59-2-405, 59-2-405.1, 59-2-405.2, and 59-2-405.3 shall be the same as those provided in
108     Chapter 2, Part 13, Collection of Taxes, for nonpayment of ad valorem personal property taxes.
109          Section 3. Effective date.
110          This bill takes effect on January 1, 2019.






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