41-1a-1223 - Local emissions compliance fee -- Exemptions -- Transfer -- County ordinance -- Notice.
41-1a-1223. Local emissions compliance fee -- Exemptions -- Transfer -- Countyordinance -- Notice.
(1) (a) (i) A county legislative body of a county that is required to utilize a motor vehicleemissions inspection and maintenance program or in which an emissions inspection andmaintenance program is necessary to attain or maintain any national ambient air quality standardin accordance with Section 41-6a-1642 may impose a local emissions compliance fee of up to $3on each motor vehicle registration within the county.
(ii) A fee imposed under Subsection (1)(a)(i) shall be set in whole dollar increments.
(b) If imposed under Subsection (1)(a), at the time application is made for registration orrenewal of registration of a motor vehicle under this chapter, the applicant shall pay the localemissions compliance fee established by the county legislative body.
(c) The following are exempt from the fee required under Subsection (1)(a):
(i) a motor vehicle that is exempt from the registration fee under Section 41-1a-1209 orSubsection 41-1a-419(3); and
(ii) a commercial vehicle with an apportioned registration under Section 41-1a-301.
(2) The revenue generated from the fees collected under this section shall be transferredto the county that imposed the fee.
(3) To impose or change the amount of a fee under this section, the county legislativebody shall pass an ordinance:
(a) approving the fee;
(b) setting the amount of the fee; and
(c) providing an effective date for the fee as provided in Subsection (4).
(4) (a) If a county legislative body enacts, changes, or repeals a fee under this section, theenactment, change, or repeal shall take effect on July 1 if the commission receives notice meetingthe requirements of Subsection (4)(b) from the county prior to April 1.
(b) The notice described in Subsection (4)(a) shall:
(i) state that the county will enact, change, or repeal a fee under this section;
(ii) include a copy of the ordinance imposing the fee; and
(iii) if the county enacts or changes the fee under this section, state the amount of the fee.
Enacted by Chapter 295, 2010 General Session