S.B. 72
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7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to uninsured motorists.
10 Highlighted Provisions:
11 This bill:
12 . provides that the Motor Vehicle Division or a peace officer shall seize and take
13 possession of any vehicle, vessel, or outboard motor that is being operated on a
14 highway without owner's or operator's security in effect for the vehicle except in
15 certain circumstances;
16 . provides that money in the Uninsured Motorist Identification Restricted Account
17 shall be appropriated to the Department of Public Safety to reimburse a person for
18 the costs of towing and storing the person's vehicle in certain circumstances;
19 . requires the Department of Public Safety to hold a hearing to determine whether a
20 vehicle was wrongfully impounded;
21 . grants the Department of Public Safety rulemaking authority to make rules
22 establishing procedures for a person to apply for a reimbursement; and
23 . makes technical corrections.
24 Money Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 This bill takes effect on January 1, 2015.
28 Utah Code Sections Affected:
29 AMENDS:
30 41-1a-1101 , as last amended by Laws of Utah 2011, Chapter 246
31 41-1a-1103 , as last amended by Laws of Utah 2010, Chapter 295
32 41-12a-806 , as last amended by Laws of Utah 2008, Chapter 322
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34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 41-1a-1101 is amended to read:
36 41-1a-1101. Seizure -- Circumstances where permitted -- Impound lot standards.
37 (1) [
38 possession of any vehicle, vessel, or outboard motor:
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43 has not been honored by the applicant's bank and that is not paid within 30 days;
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52 involved in an accident described in Section 41-6a-401 , 41-6a-401.3 , or 41-6a-401.5 ; and
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54 fulfilled the requirements described in Section 41-6a-401 or 41-6a-401.7 .
55 (2) (a) Subject to the restriction in Subsection (2)(b), the division or any peace officer,
56 without a warrant, shall seize and take possession of any vehicle, vessel, or outboard motor that
57 is being operated on a highway without owner's or operator's security in effect for the vehicle
58 as required under Section 41-12a-301 unless the division or any peace officer makes a
59 reasonable determination that the seizure of the vehicle, vessel, or outboard motor would
60 present a public safety concern to the operator or any of the occupants in the vehicle, vessel, or
61 outboard motor.
62 (b) The division or any peace officer may not seize and take possession of a vehicle
63 under Subsection [
64 (i) if the operator of the vehicle is not carrying evidence of owner's or operator's
65 security as defined in Section 41-12a-303.2 in the vehicle unless the division or peace officer
66 verifies that owner's or operator's security is not in effect for the vehicle through the Uninsured
67 Motorist Identification Database created in accordance with Section 41-12a-803 [
68 (ii) if the operator of the vehicle is carrying evidence of owner's or operator's security
69 as defined in Section 41-12a-303.2 in the vehicle and the Uninsured Motorist Identification
70 Database created in accordance with Section 41-12a-803 indicates that the owner's or operator's
71 security is not in effect for the vehicle, unless the division or a peace officer makes a
72 reasonable attempt to independently verify that owner's or operator's security is not in effect for
73 the vehicle.
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75 seized to transport and store the vessel.
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77 outboard motor under this section shall comply with the provisions of Section 41-6a-1406 .
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79 Act, the commission shall make rules setting standards for public garages, impound lots, and
80 impound yards that may be used by peace officers and the division.
81 (b) The standards shall be equitable, reasonable, and unrestrictive as to the number of
82 public garages, impound lots, or impound yards per geographical area.
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84 or allow to be operated a vehicle stored in a public garage, impound lot, or impound yard
85 regulated under this part without prior written permission of the owner of the vehicle.
86 (b) Incidental and necessary operation of a vehicle to move the vehicle from one
87 parking space to another within the facility and that is necessary for the normal management of
88 the facility is not prohibited under Subsection [
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90 class C misdemeanor.
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92 shown on the vehicle's odometer at the time of seizure, if:
93 (a) the vehicle is equipped with an odometer; and
94 (b) the odometer reading is accessible to the division or the peace officer.
95 Section 2. Section 41-1a-1103 is amended to read:
96 41-1a-1103. Sale.
97 (1) If the owner or lienholder of a seized vehicle, vessel, or outboard motor does not
98 recover the vehicle, vessel, or outboard motor within 30 days from the date of seizure, or if the
99 division is unable to determine the owner or lienholder through reasonable efforts, the division
100 shall sell the vehicle, vessel, or outboard motor.
101 (2) The sale shall:
102 (a) be held in the form of a public auction at the place of storage; and
103 (b) at the discretion of the division, be conducted by:
104 (i) an authorized representative of the division; or
105 (ii) a public garage, impound lot, or impound yard that:
106 (A) is authorized by the division;
107 (B) meets the standards under Subsection 41-1a-1101 [
108 (C) complies with the requirements of Section 72-9-603 .
109 (3) At least five days prior to the date set for sale, the division shall publish a notice of
110 sale setting forth the date, time, and place of sale and a description of the vehicle, vessel, or
111 outboard motor to be sold:
112 (a) on the division's website; and
113 (b) as required in Section 45-1-101 .
114 (4) At the time of sale the division or other person authorized to conduct the sale shall
115 tender to the highest bidder a certificate of sale conveying all rights, title, and interest in the
116 vehicle, vessel, or outboard motor.
117 (5) The proceeds from the sale of a vehicle, vessel, or outboard motor under this
118 section shall be distributed as provided under Section 41-1a-1104 .
119 (6) If the owner or lienholder of a vehicle, vessel, or outboard motor seized under
120 Section 41-1a-1101 and subsequently released by the division fails to take possession of the
121 vehicle, vessel, or outboard motor and satisfy the amount due to the place of storage within 30
122 days from the date of release, the division shall renotify the owner or lienholder and sell the
123 vehicle, vessel, or outboard motor, in accordance with this section, 30 days from the date of the
124 notice.
125 Section 3. Section 41-12a-806 is amended to read:
126 41-12a-806. Restricted account -- Creation -- Funding -- Interest -- Purposes.
127 (1) There is created within the Transportation Fund a restricted account known as the
128 "Uninsured Motorist Identification Restricted Account."
129 (2) The account consists of money generated from the following revenue sources:
130 (a) money received by the state under Section 41-1a-1218 , the uninsured motorist
131 identification fee;
132 (b) money received by the state under Section 41-1a-1220 ; and
133 (c) appropriations made to the account by the Legislature.
134 (3) (a) The account shall earn interest.
135 (b) All interest earned on account money shall be deposited into the account.
136 (4) Money shall be appropriated from the account by the Legislature to:
137 (a) the department to fund the contract with the designated agent;
138 (b) the department to offset the costs to state and local law enforcement agencies of
139 using the information for the purposes authorized under this part; [
140 (c) the Tax Commission to offset the costs to the Motor Vehicle Division for revoking
141 and reinstating vehicle registrations under Subsection 41-1a-110 (2)(a)(ii)[
142 (d) the department to reimburse a person for the costs of towing and storing the
143 person's vehicle if:
144 (i) the person's vehicle was impounded in accordance with Subsection 41-1a-1101 (2);
145 (ii) the impounded vehicle had owner's or operator's security in effect for the vehicle at
146 the time of the impoundment;
147 (iii) the database indicated that owner's or operator's security was not in effect for the
148 impounded vehicle; and
149 (iv) the department determines that the person's vehicle was wrongfully impounded.
150 (5) (a) By following the procedures in Title 63G, Chapter 4, Administrative Procedures
151 Act, the department shall hold a hearing to determine whether a person's vehicle was
152 wrongfully impounded under Subsection 41-1a-1101 (2).
153 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
154 division shall make rules establishing procedures for a person to apply for a reimbursement
155 under Subsection (4)(d).
156 Section 4. Effective date.
157 This bill takes effect on January 1, 2015.
Legislative Review Note
as of 2-20-14 8:26 AM