Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 51 First Substitute (2015GS)

Sponsor

Sen. Harper, W.

Final action

Governor Signed 3/23/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• creates the Motor Vehicle Enforcement Division Temporary Permit Restricted Account;
• specifies the revenue sources for the Motor Vehicle Enforcement Division Temporary Permit Restricted Account;
• specifies the uses of funds in the Motor Vehicle Enforcement Division Temporary Permit Restricted Account;
• requires that certain temporary permit fees be deposited into the Motor Vehicle Enforcement Division Temporary Permit Restricted Account rather than being used as dedicated credits for the costs of the Motor Vehicle Enforcement Division;
• provides that appropriations from the Motor Vehicle Enforcement Division Temporary Permit Restricted Account to the Tax Commission are nonlapsing; and
• makes technical corrections.

Every vote on this bill

Bill text

MOTOR VEHICLE ENFORCEMENT DIVISION ACCOUNT
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor: 
Johnny Anderson
LONG TITLE
General Description:
This bill enacts and amends provisions relating to the Motor Vehicle Enforcement
Division Temporary Permit Restricted Account.
Highlighted Provisions:
This bill:
▸ creates the Motor Vehicle Enforcement Division Temporary Permit Restricted
Account;
▸ specifies the revenue sources for the Motor Vehicle Enforcement Division
Temporary Permit Restricted Account;
▸ specifies the uses of funds in the Motor Vehicle Enforcement Division Temporary
Permit Restricted Account;
▸ requires that certain temporary permit fees be deposited into the Motor Vehicle
Enforcement Division Temporary Permit Restricted Account rather than being used
as dedicated credits for the costs of the Motor Vehicle Enforcement Division;
▸ provides that appropriations from the Motor Vehicle Enforcement Division
Temporary Permit Restricted Account to the Tax Commission are nonlapsing; and
▸ makes technical corrections.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2016:
▸ to the Utah State Tax Commission - Tax Administration as a one-time
appropriation:
• from the General Fund Restricted - Motor Vehicle Enforcement Division
Temporary Permit Restricted Account, $3,764,500.
• from Dedicated Credits Revenue, ($3,764,500).
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
41-3-601
, as last amended by Laws of Utah 2010, Chapter 391
63J-1-602.2
, as last amended by Laws of Utah 2013, Chapter 338
ENACTS:
41-3-110
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-3-110
 is enacted to read:
 41-3-110.
Motor Vehicle Enforcement Division Temporary Permit Restricted
Account.
(1) As used in this section, "account" means the Motor Vehicle Enforcement Division
Temporary Permit Restricted Account created by this section.
(2) There is created within the General Fund a restricted account known as the Motor
Vehicle Enforcement Division Temporary Permit Restricted Account.
(3) (a) The account shall be funded from the fees deposited into the account in
accordance with Section 
41-3-601
.
(b) The fees described in Subsection (3)(a) shall be paid to the division, which shall
deposit them into the account.
(4) The Legislature may appropriate the funds in the account to the commission to
cover the costs of the division.
(5) In accordance with Section 
63J-1-602.2
, appropriations made to the commission
from the account are nonlapsing.
Section 2. Section 
41-3-601
 is amended to read:
41-3-601.
Fees.
(1) [
To pay for administering and enforcing this chapter, the
] 
The
 administrator shall
collect fees determined by the commission under Section 
63J-1-504
 for each of the following:
(a) new motor vehicle dealer's license;
(b) used motor vehicle dealer's license;
(c) new motorcycle, off-highway vehicle, and small trailer dealer;
(d) used motorcycle, off-highway vehicle, and small trailer dealer;
(e) motor vehicle salesperson's license;
(f) motor vehicle salesperson's transfer or reissue fee;
(g) motor vehicle manufacturer's license;
(h) motor vehicle transporter's license;
(i) motor vehicle dismantler's license;
(j) motor vehicle crusher's license;
(k) motor vehicle remanufacturer's license;
(l) body shop's license;
(m) distributor or factory branch and distributor branch's license;
(n) representative's license;
(o) dealer plates;
(p) dismantler plates;
(q) manufacturer plates;
(r) transporter plates;
(s) damaged plate replacement;
(t) in-transit permits;
(u) loaded demonstration permits;
(v) additional place of business;
(w) special equipment dealer's license;
(x) temporary permits; and
(y) temporary sports event registration certificates.
(2) (a) To pay for training certified vehicle inspectors and enforcement under Sections
41-1a-1001
 through 
41-1a-1008
, the State Tax Commission shall establish and the
administrator shall collect inspection fees determined by the commission under Section
63J-1-504
.
(b) The division shall use fees collected under Subsection (2)(a) as dedicated credits to
be used toward the costs of the division.
(3) (a) At the time of application, the administrator shall collect a fee of $200 for each
salvage vehicle buyer license.
(b) The administrator may retain a portion of the fee under Subsection (3)(a) to offset
the administrator's actual costs of administering and enforcing salvage vehicle buyer licenses.
[
(4) The division shall use fees collected under Subsections (1)(x) and (y) as dedicated
credits to be used toward the costs of the division.
]
(4) A fee imposed under Subsection (1)(x) or (y):
(a) shall be deposited into the Motor Vehicle Enforcement Division Temporary Permit
Restricted Account created by Section 
41-3-110
; and
(b) is not subject to Subsection 
63J-2-202
(2).
Section 3. Section 
63J-1-602.2
 is amended to read:
63J-1-602.2.
List of nonlapsing funds and accounts -- Title 31 through Title 45.
(1) Appropriations from the Technology Development Restricted Account created in
Section 
31A-3-104
.
(2) Appropriations from the Criminal Background Check Restricted Account created in
Section 
31A-3-105
.
(3) Appropriations from the Captive Insurance Restricted Account created in Section
31A-3-304
, except to the extent that Section 
31A-3-304
 makes the money received under that
section free revenue.
(4) Appropriations from the Title Licensee Enforcement Restricted Account created in
Section 
31A-23a-415
.
(5) Appropriations from the Health Insurance Actuarial Review Restricted Account
created in Section 
31A-30-115
.
(6) Appropriations from the Insurance Fraud Investigation Restricted Account created
in Section 
31A-31-108
.
(7) Appropriations from the Underage Drinking Prevention Media and Education
Campaign Restricted Account created in Section 
32B-2-306
.
(8) The Youth Development Organization Restricted Account created in Section
35A-8-1903
.
(9) The Youth Character Organization Restricted Account created in Section
35A-8-2003
.
(10) Funding for a new program or agency that is designated as nonlapsing under
Section 
36-24-101
.
(11) Appropriations from the Oil and Gas Conservation Account created in Section
40-6-14.5
.
(12) Appropriations from the Electronic Payment Fee Restricted Account created by
Section 
41-1a-121
 to the Motor Vehicle Division.
(13) Funds available to the Tax Commission under Section 
41-1a-1201
 for the:
(a) purchase and distribution of license plates and decals; and
(b) administration and enforcement of motor vehicle registration requirements.
(14) Appropriations from the Motor Vehicle Enforcement Division Temporary Permit
Restricted Account created by Section 
41-3-110
 to the Tax Commission.
Section 4. 
Appropriation.
Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
following sums of money are appropriated from resources not otherwise appropriated, or
reduced from amounts previously appropriated, out of the funds or accounts indicated for the
fiscal year beginning July 1, 2015 and ending June 30, 2016. These are additions to amounts
previously appropriated for fiscal year 2016.
To Utah State Tax Commission - Tax Administration
From General Fund Restricted - Motor Vehicle Enforcement Division
Temporary Permit Restricted Account
$3,764,500
From Dedicated Credits Revenue ($3,764,500)
Section 5. 
Effective date.
This bill takes effect on July 1, 2015.