41-1a-1221.  Fees to cover the cost of electronic payments.

(1)  As used in this section:

Terms Used In Utah Code 41-1a-1221

  • Division: means the Motor Vehicle Division of the commission, created in Section 41-1a-106. See Utah Code 41-1a-102
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Registration: means a document issued by a jurisdiction that allows operation of a vehicle or vessel on the highways or waters of this state for the time period for which the registration is valid and that is evidence of compliance with the registration requirements of the jurisdiction. See Utah Code 41-1a-102
  • Vehicle: includes a motor vehicle, trailer, semitrailer, off-highway vehicle, camper, park model recreational vehicle, manufactured home, and mobile home. See Utah Code 41-1a-102
(a)  “Electronic payment” means use of any form of payment processed through electronic means, including credit cards, debit cards, and automatic clearinghouse transactions.

(b)  “Electronic payment fee” means the fee assessed to defray:

(i)  the charge, discount fee, or processing fee charged by credit card companies or processing agents to process an electronic payment; or

(ii)  costs associated with the purchase of equipment necessary for processing electronic payments.

(2) 

(a)  The Motor Vehicle Division may collect an electronic payment fee on all registrations and renewals of registration under Subsections 41-1a-1206(1)(a), (1)(b), (2)(a), (2)(b), and (4).

(b)  The fee described in Subsection (2)(a):

(i)  shall be imposed regardless of the method of payment for a particular transaction; and

(ii)  need not be separately identified from the fees imposed for registration and renewals of registration under Subsections 41-1a-1206(1)(a), (1)(b), (2)(a), (2)(b), and (4).

(3)  The division shall establish the fee according to the procedures and requirements of Section 63J-1-504.

(4)  A fee imposed under this section:

(a)  shall be deposited in the Electronic Payment Fee Restricted Account created by Section 41-1a-121; and

(b)  is not subject to Subsection 63J-1-105(3) or (4).

Amended by Chapter 424, 2018 General Session
Amended by Chapter 469, 2018 General Session