1     
DUI ENFORCEMENT FUNDING AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Steve Eliason

5     
Senate Sponsor: Curtis S. Bramble

6     Cosponsor:
Lee B. Perry

7     

8     LONG TITLE
9     General Description:
10          This bill increases the administrative fee for impounding a vehicle.
11     Highlighted Provisions:
12          This bill:
13          ▸     increases the administrative fee for impounding a vehicle due to an arrest, citation,
14     or referral for administrative action for driving under the influence or reckless
15     driving; and
16          ▸     allocates the funds from the increased impound fee to the Department of Public
17     Safety Restricted Account.
18     Money Appropriated in this Bill:
19          This bill appropriates in fiscal year 2017:
20          ▸     to the Department of Public Safety - Highway Safety as a one-time appropriation:
21               •     from the Department of Public Safety Restricted Account, $423,200.
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          41-6a-1406, as last amended by Laws of Utah 2014, Chapter 249
27     

28     Be it enacted by the Legislature of the state of Utah:

29          Section 1. Section 41-6a-1406 is amended to read:
30          41-6a-1406. Removal and impoundment of vehicles -- Reporting and notification
31     requirements -- Administrative impound fee -- Refunds -- Possessory lien -- Rulemaking.
32          (1) If a vehicle, vessel, or outboard motor is removed or impounded as provided under
33     Section 41-1a-1101, 41-6a-527, 41-6a-1405, 41-6a-1408, or 73-18-20.1 by an order of a peace
34     officer or by an order of a person acting on behalf of a law enforcement agency or highway
35     authority, the removal or impoundment of the vehicle, vessel, or outboard motor shall be at the
36     expense of the owner.
37          (2) The vehicle, vessel, or outboard motor under Subsection (1) shall be removed or
38     impounded to:
39          (a) a state impound yard; or
40          (b) if none, a garage, docking area, or other place of safety.
41          (3) The peace officer may move a vehicle, vessel, or outboard motor or cause it to be
42     removed by a tow truck motor carrier that meets standards established:
43          (a) under Title 72, Chapter 9, Motor Carrier Safety Act; and
44          (b) by the department under Subsection (10).
45          (4) (a) Immediately after the removal of the vehicle, vessel, or outboard motor, a report
46     of the removal shall be sent to the Motor Vehicle Division by:
47          (i) the peace officer or agency by whom the peace officer is employed; and
48          (ii) the tow truck operator or the tow truck motor carrier by whom the tow truck
49     operator is employed.
50          (b) The report shall be in a form specified by the Motor Vehicle Division and shall
51     include:
52          (i) the operator's name, if known;
53          (ii) a description of the vehicle, vessel, or outboard motor;
54          (iii) the vehicle identification number or vessel or outboard motor identification
55     number;
56          (iv) the license number or other identification number issued by a state agency;

57          (v) the date, time, and place of impoundment;
58          (vi) the reason for removal or impoundment;
59          (vii) the name of the tow truck motor carrier who removed the vehicle, vessel, or
60     outboard motor; and
61          (viii) the place where the vehicle, vessel, or outboard motor is stored.
62          (c) Until the tow truck operator or tow truck motor carrier reports the removal as
63     required under this Subsection (4), a tow truck motor carrier or impound yard may not:
64          (i) collect any fee associated with the removal; and
65          (ii) begin charging storage fees.
66          (5) (a) Except as provided in Subsection (5)(e) and upon receipt of the report, the
67     Motor Vehicle Division shall give notice to the registered owner of the vehicle, vessel, or
68     outboard motor and any lien holder in the manner prescribed by Section 41-1a-114.
69          (b) The notice shall:
70          (i) state the date, time, and place of removal, the name, if applicable, of the person
71     operating the vehicle, vessel, or outboard motor at the time of removal, the reason for removal,
72     and the place where the vehicle, vessel, or outboard motor is stored;
73          (ii) state that the registered owner is responsible for payment of towing, impound, and
74     storage fees charged against the vehicle, vessel, or outboard motor;
75          (iii) inform the registered owner of the vehicle, vessel, or outboard motor of the
76     conditions that must be satisfied before the vehicle, vessel, or outboard motor is released; and
77          (iv) inform the registered owner and lienholder of the division's intent to sell the
78     vehicle, vessel, or outboard motor, if within 30 days from the date of the removal or
79     impoundment under this section, the owner, lien holder, or the owner's agent fails to make a
80     claim for release of the vehicle, vessel, or outboard motor.
81          (c) Except as provided in Subsection (5)(e) and if the vehicle, vessel, or outboard
82     motor is not registered in this state, the Motor Vehicle Division shall make a reasonable effort
83     to notify the registered owner and any lien holder of the removal and the place where the
84     vehicle, vessel, or outboard motor is stored.

85          (d) The Motor Vehicle Division shall forward a copy of the notice to the place where
86     the vehicle, vessel, or outboard motor is stored.
87          (e) The Motor Vehicle Division is not required to give notice under this Subsection (5)
88     if a report was received by a tow truck operator or tow truck motor carrier reporting a tow truck
89     service in accordance with Subsection 72-9-603(1)(a)(i).
90          (6) (a) The vehicle, vessel, or outboard motor shall be released after the registered
91     owner, lien holder, or the owner's agent:
92          (i) makes a claim for release of the vehicle, vessel, or outboard motor at any office of
93     the State Tax Commission;
94          (ii) presents identification sufficient to prove ownership of the impounded vehicle,
95     vessel, or outboard motor;
96          (iii) completes the registration, if needed, and pays the appropriate fees;
97          (iv) if the impoundment was made under Section 41-6a-527, pays an administrative
98     impound fee of [$350] $400; and
99          (v) pays all towing and storage fees to the place where the vehicle, vessel, or outboard
100     motor is stored.
101          (b) (i) Twenty-nine dollars of the administrative impound fee assessed under
102     Subsection (6)(a)(iv) shall be dedicated credits to the Motor Vehicle Division;
103          (ii) [$97] $147 of the administrative impound fee assessed under Subsection (6)(a)(iv)
104     shall be deposited in the Department of Public Safety Restricted Account created in Section
105     53-3-106;
106          (iii) $20 of the administrative impound fee assessed under Subsection (6)(a)(iv) shall
107     be deposited in the Traumatic Spinal Cord and Brain Injury Rehabilitation Fund; and
108          (iv) the remainder of the administrative impound fee assessed under Subsection
109     (6)(a)(iv) shall be deposited in the General Fund.
110          (c) The administrative impound fee assessed under Subsection (6)(a)(iv) shall be
111     waived or refunded by the State Tax Commission if the registered owner, lien holder, or
112     owner's agent presents written evidence to the State Tax Commission that:

113          (i) the Driver License Division determined that the arrested person's driver license
114     should not be suspended or revoked under Section 53-3-223 or 41-6a-521 as shown by a letter
115     or other report from the Driver License Division presented within 30 days of the final
116     notification from the Driver License Division; or
117          (ii) the vehicle was stolen at the time of the impoundment as shown by a copy of the
118     stolen vehicle report presented within 30 days of the impoundment.
119          (d) A tow truck operator, a tow truck motor carrier, and an impound yard shall accept
120     payment by cash and debit or credit card for a removal or impoundment under Subsection (1)
121     or any service rendered, performed, or supplied in connection with a removal or impoundment
122     under Subsection (1).
123          (e) The owner of an impounded vehicle may not be charged a fee for the storage of the
124     impounded vehicle, vessel, or outboard motor if:
125          (i) the vehicle, vessel, or outboard motor is being held as evidence; and
126          (ii) the vehicle, vessel, or outboard motor is not being released to the registered owner,
127     lien holder, or the owner's agent even if the registered owner, lien holder, or the owner's agent
128     satisfies the requirements to release the vehicle, vessel, or outboard motor under this
129     Subsection (6).
130          (7) (a) An impounded vehicle, vessel, or outboard motor not claimed by the registered
131     owner or the owner's agent within the time prescribed by Section 41-1a-1103 shall be sold in
132     accordance with that section and the proceeds, if any, shall be disposed of as provided under
133     Section 41-1a-1104.
134          (b) The date of impoundment is considered the date of seizure for computing the time
135     period provided under Section 41-1a-1103.
136          (8) The registered owner who pays all fees and charges incurred in the impoundment of
137     the owner's vehicle, vessel, or outboard motor, has a cause of action for all the fees and
138     charges, together with damages, court costs, and attorney fees, against the operator of the
139     vehicle, vessel, or outboard motor whose actions caused the removal or impoundment.
140          (9) Towing, impound fees, and storage fees are a possessory lien on the vehicle, vessel,

141     or outboard motor.
142          (10) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
143     the department shall make rules setting the performance standards for towing companies to be
144     used by the department.
145          (11) (a) The Motor Vehicle Division may specify that a report required under
146     Subsection (4) be submitted in electronic form utilizing a database for submission, storage, and
147     retrieval of the information.
148          (b) (i) Unless otherwise provided by statute, the Motor Vehicle Division or the
149     administrator of the database may adopt a schedule of fees assessed for utilizing the database.
150          (ii) The fees under this Subsection (11)(b) shall:
151          (A) be reasonable and fair; and
152          (B) reflect the cost of administering the database.
153          Section 2. Appropriation.
154          Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
155     the fiscal year beginning July 1, 2016, and ending June 30, 2017, the following sums of money
156     are appropriated from resources not otherwise appropriated, or reduced from amounts
157     previously appropriated, out of the funds or amounts indicated. These sums of money are in
158     addition to amounts previously appropriated for fiscal year 2017.
159          To Department of Public Safety - Highway Safety
160               From Department of Public Safety Restricted Account
$423,200

161                    Schedule of Programs:
162                    Highway Safety                         $423,200
163          The Legislature intends that the appropriation under this section be used to carry out the
164     requirements described in Section 53-1-117.