§ 13-48-103. Motor vehicle rental company -- Fee disclosure and collection requirements.

(1) A motor vehicle rental company may include separately stated surcharges, fees, or charges in a rental agreement, including:

(a) motor vehicle license cost recovery fees;

(b) airport access fees;

(c) airport concession fees; and

(d) all applicable taxes.

(2) If a motor vehicle rental company includes a motor vehicle license cost recovery fee as a separately stated charge in a rental transaction, the amount of the fee shall represent the motor vehicle rental company's good-faith estimate of the motor vehicle rental company's daily charge as calculated by the motor vehicle rental company to recover its actual total annual motor vehicle titling, registration, obtaining license plates, and motor vehicle inspection and emission costs.

(3) If the total amount of the motor vehicle license cost recovery fees collected by a motor vehicle rental company under this section in any calendar year exceeds the motor vehicle rental company's actual costs to license, title, register, and obtain license plates for the motor vehicles and have the motor vehicles pass inspections and emissions for that calendar year, the motor vehicle rental company shall retain the excess amount and adjust the estimated average per motor vehicle license cost recovery fee for the following calendar year by the corresponding amount.

Enacted by Chapter 357, 2011 General Session