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8 LONG TITLE
9 General Description:
10 This bill repeals the Motor Vehicle Safety Inspection Advisory Council.
11 Highlighted Provisions:
12 This bill:
13 ▸ repeals the Motor Vehicle Safety Inspection Advisory Council; and
14 ▸ makes technical and conforming changes.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 53-1-104, as last amended by Laws of Utah 2013, Chapter 295
22 53-8-202, as last amended by Laws of Utah 2005, Chapter 2
23 53-8-204, as last amended by Laws of Utah 2012, Chapter 356
24 REPEALS:
25 53-8-201, as enacted by Laws of Utah 1993, Chapter 234
26 53-8-203, as last amended by Laws of Utah 2016, Chapter 302
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28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 53-1-104 is amended to read:
30 53-1-104. Boards, bureaus, councils, divisions, and offices.
31 (1) The following are the policymaking boards within the department:
32 (a) the Driver License Medical Advisory Board, created in Section 53-3-303;
33 (b) the Concealed Firearm Review Board, created in Section 53-5-703;
34 (c) the Utah Fire Prevention Board, created in Section 53-7-203;
35 (d) the Liquified Petroleum Gas Board, created in Section 53-7-304; and
36 (e) the Private Investigator Hearing and Licensure Board, created in Section 53-9-104.
37 (2) The [
38 created in Section 53-6-106, is within the department.[
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43 (3) The following are the divisions within the department:
44 (a) the Administrative Services Division, created in Section 53-1-203;
45 (b) the Management Information Services Division, created in Section 53-1-303;
46 (c) the Division of Emergency Management, created in Section 53-2a-103;
47 (d) the Driver License Division, created in Section 53-3-103;
48 (e) the Criminal Investigations and Technical Services Division, created in Section
49 53-10-103;
50 (f) the Peace Officer Standards and Training Division, created in Section 53-6-103;
51 (g) the State Fire Marshal Division, created in Section 53-7-103; and
52 (h) the Utah Highway Patrol Division, created in Section 53-8-103.
53 (4) The Office of Executive Protection is created in Section 53-1-112.
54 (5) The following are the bureaus within the department:
55 (a) the Bureau of Criminal Identification, created in Section 53-10-201;
56 (b) the State Bureau of Investigation, created in Section 53-10-301;
57 (c) the Bureau of Forensic Services, created in Section 53-10-401; and
58 (d) the Bureau of Communications, created in Section 53-10-501.
59 Section 2. Section 53-8-202 is amended to read:
60 53-8-202. Definitions.
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64 Section 3. Section 53-8-204 is amended to read:
65 53-8-204. Division duties -- Official inspection stations -- Permits -- Fees --
66 Suspension or revocation -- Utah-based interstate commercial motor carriers.
67 (1) The division shall:
68 (a) conduct examinations of every safety inspection station permit applicant and safety
69 inspector certificate applicant to determine whether the applicant is properly equipped and
70 qualified to make safety inspections;
71 (b) issue safety inspection station permits and safety inspector certificates to qualified
72 applicants;
73 (c) establish application, renewal, and reapplication fees in accordance with Section
74 63J-1-504 for safety inspection station permits and safety inspector certificates;
75 (d) provide instructions and all necessary forms, including safety inspection
76 certificates, to safety inspection stations for the inspection of motor vehicles and the issuance
77 of the safety inspection certificates;
78 (e) investigate complaints regarding safety inspection stations and safety inspectors;
79 (f) compile and publish all applicable safety inspection laws, rules, instructions, and
80 standards and distribute them to all safety inspection stations and provide updates to the
81 compiled laws, rules, instructions, and standards as needed; and
82 (g) establish a fee in accordance with Section 63J-1-504 to cover the cost of compiling
83 and publishing the safety inspection laws, rules, instructions, and standards and any updates[
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86 (2) (a) Receipts from the fees established in accordance with Subsection (1)(g) are
87 fixed collections to be used by the division for the expenses of the Utah Highway Patrol
88 incurred under Subsection (1)(g).
89 (b) Funds received in excess of the expenses under Subsection (1)(g) shall be deposited
90 in the Transportation Fund.
91 (3) The division may:
92 (a) before issuing a safety inspection permit, require an applicant, other than a fleet
93 station or government station, to file a bond that will provide a guarantee that the applicant
94 safety inspection station will make compensation for any damage to a motor vehicle during an
95 inspection or adjustment due to negligence on the part of an applicant or the applicant's
96 employees;
97 (b) establish procedures governing the issuance of safety inspection certificates to
98 Utah-based interstate commercial motor carriers;
99 (c) suspend, revoke, or refuse renewal of any safety inspection station permit issued
100 when the division finds that the safety inspection station is not:
101 (i) properly equipped; or
102 (ii) complying with rules made by the division; and
103 (d) suspend, revoke, or refuse renewal of any safety inspection station permit or safety
104 inspector certificate issued when the station or inspector has violated any safety inspection law
105 or rule.
106 (4) The division shall maintain a record of safety inspection station permits and safety
107 inspector certificates issued, suspended, revoked, or refused renewal under Subsection (3)(c).
108 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
109 division shall make rules:
110 (a) setting minimum standards covering the design, construction, condition, and
111 operation of motor vehicle equipment for safely operating a motor vehicle on the highway;
112 (b) establishing motor vehicle safety inspection procedures to ensure a motor vehicle
113 can be operated safely;
114 (c) establishing safety inspection station building, equipment, and personnel
115 requirements necessary to qualify to perform safety inspections;
116 (d) establishing age, training, examination, and renewal requirements to qualify for a
117 safety inspector certificate;
118 (e) establishing program guidelines for a school district that elects to implement a
119 safety inspection apprenticeship program for high school students;
120 (f) establishing requirements:
121 (i) designed to protect consumers from unwanted or unneeded repairs or adjustments;
122 (ii) for maintaining safety inspection records;
123 (iii) for providing reports to the division; and
124 (iv) for maintaining and protecting safety inspection certificates;
125 (g) establishing procedures for a motor vehicle that fails a safety inspection;
126 (h) setting bonding amounts for safety inspection stations if bonds are required under
127 Subsection (3)(a); and
128 (i) establishing procedures for a safety inspection station to follow if the station is
129 going out of business.
130 (6) The rules of the division:
131 (a) shall conform as nearly as practical to federal motor vehicle safety standards
132 including 49 C.F.R. Parts 393, 396, 396 Appendix G, and Federal Motor Vehicle Safety
133 Standards 205; and
134 (b) may incorporate by reference, in whole or in part, the federal standards under
135 Subsection (6)(a) and nationally recognized and readily available standards and codes on motor
136 vehicle safety.
137 Section 4. Repealer.
138 This bill repeals:
139 Section 53-8-201, Short title.
140 Section 53-8-203, Council created -- Members -- Term -- Meetings -- Duties.