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H.B. 228

             1     

MOTOR VEHICLE INSURANCE ON CERTAIN

             2     
VEHICLES

             3     
1999 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Glenn L. Way

             6      AN ACT RELATING TO MOTOR VEHICLES; AMENDING CERTAIN MOTOR VEHICLE
             7      INSURANCE PROVISIONS; PROVIDING CERTAIN DEFINITIONS; AND MAKING
             8      TECHNICAL CHANGES.
             9      This act affects sections of Utah Code Annotated 1953 as follows:
             10      AMENDS:
             11          41-6-17.5, as enacted by Chapter 33, Laws of Utah 1988
             12          41-12a-301, as last amended by Chapter 245, Laws of Utah 1998
             13      Be it enacted by the Legislature of the state of Utah:
             14          Section 1. Section 41-6-17.5 is amended to read:
             15           41-6-17.5. Quasi-public roads and parking areas -- Local ordinances.
             16          (1) As used in this section, "quasi-public road or parking area" means a privately-owned
             17      and maintained road or parking area that is generally held open for use of the public for purposes
             18      of vehicular travel or parking.
             19          [(1)] (2) (a) Any municipality or county may by ordinance provide that [privately-owned
             20      and maintained roads or parking areas] a quasi-public road or parking area within the city or
             21      county[, as described in the ordinance, are] is subject to this chapter[, provided:].
             22          [(i) the roads or parking areas are generally held open for use of the public for purposes
             23      of vehicular travel or parking to serve commercial establishments;]
             24          [(ii) the privately-owned and maintained road is so connected with a highway that the
             25      public would not reasonably be able to determine that it is a privately-owned and maintained road;
             26      or]
             27          [(iii) a majority of the owners of the privately owned and maintained road have signed a


             28      petition and submitted it to the municipality or county, requesting that the road be included in an
             29      ordinance enacted under this section.]
             30          (b) An ordinance may not be enacted under this [subsection] section without:
             31          (i) a public hearing; and [without]
             32          (ii) the agreement of [the owner] a majority of the owners of the [privately-owned and
             33      maintained highway or parking area] quasi-public road or parking area involved.
             34          [(2)] (3) The department is not required under this section to patrol or enforce any
             35      provisions of this chapter on any [privately-owned and maintained] quasi-public road or parking
             36      area, but is required to enforce those provisions of this chapter applicable to private property other
             37      than under this section.
             38          Section 2. Section 41-12a-301 is amended to read:
             39           41-12a-301. Definition -- Requirement of owner's or operator's security --
             40      Exceptions.
             41          (1) As used in this section[,]:
             42          (a) "highway" has the same meaning as provided in Section 41-1a-102 ; and
             43          (b) "quasi-public road or parking area" has the same meaning as provided in Section
             44      41-6-17.5 .
             45          (2) Except as provided in Subsection (5):
             46          (a) every resident owner of a motor vehicle shall maintain owner's or operator's security
             47      in effect at any time that the motor vehicle is operated on a highway or on a quasi-public road or
             48      parking area within the state; and
             49          (b) every nonresident owner of a motor vehicle that has been physically present in this
             50      state for:
             51          (i) 90 or fewer days during the preceding 365 days shall maintain the type and amount of
             52      owner's or operator's security required in his place of residence, in effect continuously throughout
             53      the period the motor vehicle remains within Utah; or
             54          (ii) more than 90 days during the preceding 365 days shall thereafter maintain owner's or
             55      operator's security in effect continuously throughout the period the motor vehicle remains within
             56      Utah.
             57          (3) (a) Except as provided in Subsection (5), the state and all of its political subdivisions
             58      and their respective departments, institutions, or agencies shall maintain owner's or operator's


             59      security in effect continuously for their motor vehicles.
             60          (b) Any other state is considered a nonresident owner of its motor vehicles and is subject
             61      to Subsection (2)(b).
             62          (4) The United States, any political subdivision of it, or any of its agencies may maintain
             63      owner's or operator's security in effect for their motor vehicles.
             64          (5) Owner's or operator's security is not required for any of the following:
             65          (a) off-highway vehicles registered under Section 41-22-3 when operated either:
             66          (i) on a highway designated as open for off-highway vehicle use; or
             67          (ii) in the manner prescribed by Section 41-22-10.3 ;
             68          (b) off-highway implements of husbandry operated in the manner prescribed by
             69      Subsections 41-22-5.5 (3) through (5);
             70          (c) electric assisted bicycles as defined under Section 41-6-1 ; or
             71          (d) motor assisted scooters as defined under Section 41-6-1 .




Legislative Review Note
    as of 1-8-99 11:59 AM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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