59-2-406 - Collection of uniform fees and other motor vehicle fees. - Utah Statutes

59-2-406. Collection of uniform fees and other motor vehicle fees.
(1) (a) For the purposes of efficiency in the collection of the uniform fee required by thissection, 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 byTitle 41, Motor Vehicles.
(b) The contract required by this section shall, at the county's option, provide for one ofthe 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, and59-2-405.3; 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, and59-2-405.3; 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 tothe 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, andoff-highway vehicles, with the exception of fleet and proportional registration;
(ii) title fees for vehicles, mobile homes, manufactured homes, boats, and off-highwayvehicles;
(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) byproviding written notice of the change to the commission at least 18 months before the changeshall 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 thecontract specifications;
(c) meet the performance standards and comply with applicable training requirementsspecified in the rules made under Subsection (8)(a); and
(d) be subject to a penalty of 1/2 the difference between the reimbursement fee specifiedunder Subsection (3) and the reimbursement fee for fiscal year 1997-98 if performance is belowthe performance standards specified in the rules made under Subsection (8)(a).
(3) (a) The commission shall recommend a reimbursement fee for collecting the fees asprovided in Subsection (2)(a), except that the commission may not collect a reimbursement feeon 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 first5,000 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 allurban consumers, prepared by the United States Bureau of Labor Statistics, during the precedingcalendar year.
(d) The reimbursement fees under this Subsection (3) shall be appropriated by theLegislature.
(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 besubject to similar contractual terms.
(5) The party performing the collection services by contract shall use appropriateautomated systems software and equipment compatible with the system used by the othercontracting party in order to ensure the integrity of the current motor vehicle data base andcounty 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 inSubsection (1)(c) in each county or regional center as negotiated by the counties with thecommission in accordance with the requirements of this section; and
(ii) provide information to the county in a format and media consistent with the county'srequirements; 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 trainingrequirements for all contracts required by this section.
(b) Beginning on July 1, 1998, each new contract entered into under this section shall besubject to the rules made under Subsection (8)(a).

Amended by Chapter 382, 2008 General Session