(1) 

Terms Used In Utah Code 59-2-406

  • Contract: A legal written agreement that becomes binding when signed.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • State-assessed commercial vehicle: means :
(i) any commercial vehicle, trailer, or semitrailer that operates interstate or intrastate to transport passengers, freight, merchandise, or other property for hire; or
(ii) any commercial vehicle, trailer, or semitrailer that operates interstate and transports the vehicle owner's goods or property in furtherance of the owner's commercial enterprise. See Utah Code 59-2-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
    • (a)  For the purposes of efficiency in the collection of the uniform fee required by this section, the commission shall enter into a contract for the collection of the uniform fees required under Sections 59-2-405, 59-2-405.1, 59-2-405.2, and 59-2-405.3, and certain fees required by Title 41, Motor Vehicles.

    (b)  The contract required by this section shall, at the county’s option, provide for one of the following collection agreements:

    (i)  the collection by the commission of:

    (A)  the uniform fees required under Sections 59-2-405, 59-2-405.1, 59-2-405.2, and 59-2-405.3; and

    (B)  all fees listed in Subsection (1)(c); or

    (ii)  the collection by the county of:

    (A)  the uniform fees required under Sections 59-2-405, 59-2-405.1, 59-2-405.2, and 59-2-405.3; and

    (B)  all fees listed in Subsection (1)(c).

    (c)  For purposes of Subsections (1)(b)(i)(B) and (1)(b)(ii)(B), the fees that are subject to the contractual agreement required by this section are the following fees imposed by Title 41, Motor Vehicles:

    (i)  registration fees for vehicles, mobile homes, manufactured homes, boats, and off-highway vehicles, with the exception of fleet and proportional registration;

    (ii)  title fees for vehicles, mobile homes, manufactured homes, boats, and off-highway vehicles;

    (iii)  plate fees for vehicles;

    (iv)  permit fees; and

    (v)  impound fees.

    (d)  A county may change the election it makes pursuant to Subsection (1)(b) by providing written notice of the change to the commission at least 18 months before the change shall take effect.

    (2)  The contract shall provide that the party contracting to perform services shall:

    (a)  be responsible for the collection of:

    (i)  the uniform fees under Sections 59-2-405, 59-2-405.1, 59-2-405.2, and 59-2-405.3; and

    (ii)  any fees described in Subsection (1)(c) as agreed to in the contract;

    (b)  utilize the documents and forms, guidelines, practices, and procedures that meet the contract specifications;

    (c)  meet the performance standards and comply with applicable training requirements specified in the rules made under Subsection (8)(a); and

    (d)  be subject to a penalty of 1/2 the difference between the reimbursement fee specified under Subsection (3) and the reimbursement fee for fiscal year 1997-98 if performance is below the performance standards specified in the rules made under Subsection (8)(a).

    (3) 

    (a)  The commission shall recommend a reimbursement fee for collecting the fees as provided in Subsection (2)(a), except that the commission may not collect a reimbursement fee on a state-assessed commercial vehicle described in Subsection 59-2-405.1(2)(a)(ii).

    (b)  The reimbursement fee shall be based on two dollars per standard unit for the first 5,000 standard units in each county and one dollar per standard unit for all other standard units and shall be annually adjusted by the commission beginning July 1, 1999.

    (c)  The adjustment shall be equal to any increase in the Consumer Price Index for all urban consumers, prepared by the United States Bureau of Labor Statistics, during the preceding calendar year.

    (d)  The reimbursement fees under this Subsection (3) shall be appropriated by the Legislature.

    (4)  All counties that elect to collect the uniform fees described in Subsection (1)(b)(ii)(A) and any other fees described in Subsection (1)(c) as provided by contract shall be subject to similar contractual terms.

    (5)  The party performing the collection services by contract shall use appropriate automated systems software and equipment compatible with the system used by the other contracting party in order to ensure the integrity of the current motor vehicle data base and county tax systems, or successor data bases and systems.

    (6)  If the county elects not to collect the uniform fees described in Subsection (1)(b)(ii)(A) and the fees described in Subsection (1)(c):

    (a)  the commission shall:

    (i)  collect the uniform fees described in Subsection (1)(b)(ii)(A) and the fees described in Subsection (1)(c) in each county or regional center as negotiated by the counties with the commission in accordance with the requirements of this section; and

    (ii)  provide information to the county in a format and media consistent with the county’s requirements; and

    (b)  the county shall pay the commission a reimbursement fee as provided in Subsection (3).

    (7)  This section shall not limit the authority given to the county in Section 59-2-1302.

    (8) 

    (a)  In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission shall make rules specifying the performance standards and applicable training requirements for all contracts required by this section.

    (b)  Beginning on July 1, 1998, each new contract entered into under this section shall be subject to the rules made under Subsection (8)(a).

    Amended by Chapter 382, 2008 General Session

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