S.B. 102

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Senate 2nd Reading Amendments 2-12-2010 rd/sch

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Senate 2nd Reading Amendments 2-9-2010 rd/sch This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Tue, Feb 9, 2010 at 11:24 AM by rday. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Fri, Feb 12, 2010 at 12:05 PM by rday. --> 1

RESTRICTING THE MOVEMENT OF A MOTOR
2 VEHICLE
3 2010 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Brent H. Goodfellow
6 House Sponsor: R. Curt Webb
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Traffic Code by amending provisions relating to vehicle
11 immobilization devices.
12 Highlighted Provisions:
13 This bill:
14 . provides that the maximum fee that a vehicle immobilizer may charge to remove a
15 vehicle immobilization device may not exceed S. :
15a . .S $75 S. [ per day for each day ] for the first 24-hour period .S a vehicle is
16 immobilized S. ; plus
16a . $25 for each additional 24-hour period a vehicle is immobilized;
16b . provides that the maximum fee that a vehicle immobilizer may charge to remove
16c a vehicle immobilization device may not exceed $150 per instance; and
16d . makes technical changes. .S
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 41-6a-1409, as enacted by Laws of Utah 2009, Chapter 317
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 41-6a-1409 is amended to read:
27 41-6a-1409. Vehicle immobilization devices -- Definitions -- Notice requirements

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- 2 - 28 -- Maximum removal fee.
29 (1) As used in this section:
30 (a) "Immobilize" means to affix and lock a vehicle immobilization device to the
31 exterior of a motor vehicle.
32 (b) "Vehicle immobilization device" means a device that may be affixed and locked to
33 the exterior of a motor vehicle for the purpose of prohibiting the movement or removal of the
34 vehicle from its location.
35 (c) "Vehicle immobilizer" means a person who or entity that uses or causes to be used
36 a vehicle immobilization device for the purpose of enforcing parking restrictions with prior
37 authorization from the owner or person in lawful possession or control of the real property.
38 (2) (a) A vehicle immobilizer may not immobilize a vehicle without the motor vehicle
39 owner's knowledge at either of the following locations without signage that meets the
40 requirements of Subsection (2)(b):
41 (i) a mobile home park as defined in Section 57-16-3 ; or
42 (ii) a multifamily dwelling of more than eight units.
43 (b) Signage under Subsection (2)(a) shall display:
44 (i) where parking is subject to being immobilized; and
45 (ii) one of the following:
46 (A) the name and phone number of the vehicle immobilizer that immobilizes a vehicle
47 for the locations listed under Subsection (2)(a)(i); or
48 (B) the name of the mobile home park or multifamily dwelling and the phone number
49 of the mobile home park or multifamily dwelling manager or management office that
50 authorized the vehicle immobilizer to immobilize the motor vehicle.
51 (c) Signage is not required under Subsection (2)(b) for parking in a location:
52 (i) that is prohibited by law; or
53 (ii) if it is reasonably apparent that the location is not open to parking.
54 (d) Nothing in Subsection (2)(b) restricts the ability of a mobile home park as defined
55 in Section 57-16-3 or a multifamily dwelling from instituting and enforcing regulations on
56 parking.
57 (3) (a) Upon immobilizing a vehicle, the vehicle immobilizer shall affix a notice to the
58 immobilized vehicle in a conspicuous place so as to be plainly visible to a person seeking to

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Senate 2nd Reading Amendments 2-9-2010 rd/sch 59

operate the vehicle.
60 (b) The notice under Subsection (3)(a) shall include:
61 (i) the name and phone number of the vehicle immobilizer;
62 (ii) a phone number that the owner of the vehicle may call to arrange for release of the
63 vehicle; and
64 (iii) applicable fees.
65 (4) S. (a) .S The maximum fee that a vehicle immobilizer may charge to remove a vehicle
66 immobilization device may not exceed S. :
66a (i) .S $75 S. [ per day for each day ] for the first 24-hour period .S
66b a vehicle is immobilized S. ; plus
66c (ii) $25 for each additional 24-hour period a vehicle is immobilized .
66d (b) Notwithstanding Subsection (4)(a), the maximum fee that a vehicle immobilizer may
66e charge to remove a vehicle immobilization device may not exceed $150 for each instance. .S
67 (5) A county or municipal legislative or governing body may not enact or enforce any
68 ordinance, regulation, rule, or fee pertaining to a vehicle immobilization device that conflicts
69 with this part.

Legislative Review Note
as of 1-25-10 1:02 PM

Office of Legislative Research and General Counsel