Section 1. Section 41-6a-1406 is amended to read:41-6a-1406Effective 05/06/26Partially Repealed 07/01/29. Removal and impoundment of vehicles -- Reporting and notification requirements -- Administrative impound fee -- Refunds -- Possessory lien -- Rulemaking.(1)If a vehicle, vessel, or outboard motor is impounded as provided under Section 41-1a-1101, 41-6a-210, 41-6a-527, 41-6a-1405, 41-6a-1408, or 73-18-20.1 by an order of a peace officer or by an order of a person acting on behalf of a law enforcement agency or highway authority, the impoundment of the vehicle, vessel, or outboard motor shall be at the expense of the owner.(2)The vehicle, vessel, or outboard motor under Subsection (1) shall be impounded to a state impound yard.(3)The peace officer may move a vehicle, vessel, or outboard motor or cause it to be removed by a tow truck motor carrier that meets standards established:(a)under Title 72, Chapter 9, Motor Carrier Safety Act; and(b)by the department under Subsection (11).(4)(a)A report described in this Subsection (4) is required for a vehicle, vessel, or outboard motor that is impounded as described in Subsection (1).(b)Before noon on the next business day after the date of the removal of the vehicle, vessel, or outboard motor, a report of the impoundment shall be sent to the Motor Vehicle Division, in an electronic format approved by the Motor Vehicle Division, by:(i)the peace officer or agency by whom the peace officer is employed; and(ii)the tow truck operator or the tow truck motor carrier by whom the tow truck operator is employed.(c)The report shall be in a form specified by the Motor Vehicle Division and shall include:(i)the operator's name, if known;(ii)a description of the vehicle, vessel, or outboard motor;(iii)the vehicle identification number or vessel or outboard motor identification number;(iv)the case number designated by the peace officer, law enforcement agency number, or government entity;(v)the license number, temporary permit number, or other identification number issued by a state agency;(vi)the date, time, and place of impoundment;(vii)the reason for removal or impoundment;(viii)the name of the tow truck motor carrier who removed the vehicle, vessel, or outboard motor; and(ix)the place where the vehicle, vessel, or outboard motor is stored.(d)(i)In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the State Tax Commission shall make rules to establish proper format and information required on the form described in this Subsection (4).(ii)The State Tax Commission shall ensure that the form described in this Subsection (4) is provided in an electronic format.(e)Until the tow truck operator or tow truck motor carrier reports the removal as required under this Subsection (4), a tow truck motor carrier or impound yard may not:(i)collect any fee associated with the removal; and(ii)begin charging storage fees.(5)(a)A report described in this Subsection (5) is required for any vehicle, vessel, or outboard motor that is removed, except for:(i)a vehicle, vessel, or outboard motor that is impounded for a reason described in Subsection (1); or(ii)a vehicle, vessel, or outboard motor for which a removal is performed in accordance with Section 72-9-603.(b)For a removal described in Subsection (5)(a), the relevant law enforcement officer shall provide documentation to the tow truck operator or tow truck motor carrier that includes:(i)the name and badge number of the peace officer;(ii)the name and originating agency identifier of the law enforcement agency; and(iii)the case number designated by the law enforcement officer or law enforcement agency.(c)For a removal described in Subsection (5)(a), before noon on the next business day following the date of the removal of the vehicle, vessel, or outboard motor, the tow truck operator or tow truck motor carrier shall send to the Motor Vehicle Division in an electronic format approved by the Motor Vehicle Division:(i)the report described in Subsection (4); or(ii)the report described in Subsection (5)(d).(d)For a removal described in Subsection (5)(a), if the tow truck operator or tow truck motor carrier does not provide the report described in Subsection (4), the tow truck operator or tow truck motor carrier shall provide a report to the Motor Vehicle Division that includes:(i)the name and badge number of the relevant peace officer;(ii)the name and originating agency identifier of the law enforcement agency;(iii)the law enforcement agency case number;(iv)subject to Subsection (5)(e), the vehicle identification number and the license number, temporary permit number, or other identification number issued by a state agency;(v)the date and time of the removal of the vehicle, vessel, or outboard motor; and(vi)the reason for the removal of the vehicle, vessel, or outboard motor.(e)If either the vehicle identification number or the license number, temporary permit number, or other identification number issued by a state agency is not available, the report shall include:(i)as much information as is available from both the vehicle identification number and the license plate number of the vehicle, vessel, or outboard motor; and(ii)a description of the vehicle, vessel, or outboard motor, including the color, make, model, and model year of the vehicle, vessel, or outboard motor.(f)Until the tow truck operator or tow truck motor carrier reports the removal as required under this Subsection (5), a tow truck motor carrier may not:(i)collect any fee associated with the removal; or(ii)begin charging storage fees.(g)A vehicle, vessel, or outboard motor removed under this Subsection (5) shall be removed to:(i)a state impound yard; or(ii)a location that has been requested by the registered owner at the time of removal, if payment is made to the tow truck motor carrier or tow truck operator at the time of removal.(h)In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the State Tax Commission may make rules to establish proper format and information required on the form described in Subsection (5)(d), including submission in an electronic format.(6)(a)Except as provided in Subsection (6)(d) and upon receipt of a report described in Subsection (4) or (5), the Motor Vehicle Division shall give notice, in the manner described in Section 41-1a-114, to the following parties with an interest in the vehicle, vessel, or outboard motor, as applicable:(i)the registered owner;(ii)any a lien holder; or(iii)a dealer, as defined in Section 41-1a-102, if the vehicle, vessel, or outboard motor is currently operating under a temporary permit issued by the dealer, as described in Section 41-3-302.(b)The notice shall:(i)state the date, time, and place of removal, the name, if applicable, of the person individual operating the vehicle, vessel, or outboard motor at the time of removal, the reason for removal, and the place where the vehicle, vessel, or outboard motor is stored;(ii)state that the registered owner is responsible for payment of towing, impound, and storage fees charged against the vehicle, vessel, or outboard motor;(iii)state the conditions that mustshall be satisfied before the vehicle, vessel, or outboard motor is released; and(iv)inform the parties described in Subsection (6)(a) of the division's intent to sell the vehicle, vessel, or outboard motor, if, within 30 days after the day of the removal or impoundment under this section, one of the parties fails to make a claim for release of the vehicle, vessel, or outboard motor.(c)Except as provided in Subsection (6)(d) and if the vehicle, vessel, or outboard motor is not registered in this state, the Motor Vehicle Division shall make a reasonable effort to notify the parties described in Subsection (6)(a) of the removal and the place where the vehicle, vessel, or outboard motor is stored.(d)The Motor Vehicle Division is not required to give notice under this Subsection (6) if a report was received by a tow truck operator or tow truck motor carrier reporting a tow truck service in accordance with Subsection 72-9-603(1)(a)(i).(e)(i)The Motor Vehicle Division shall disclose the information in the report described in Subsection (4) and Subsection 72-9-603(1)(a)(i) to a designated agent as defined in Section 41-12a-802 regarding a tow that was initiated:(A)by law enforcement; or(B)without the vehicle owner's consent.(ii)The Motor Vehicle Division may rely on the information provided by the tow truck operator or tow truck motor carrier to determine if a tow meets the criteria described in Subsections (6)(e)(i)(A) and (B).(iii)The designated agent may disclose information received regarding concerning a tow described in Subsections (6)(e)(i)(A) and (B) to the vehicle owner and to the vehicle owner's verified insurance company.(iv)The designated agent may not disclose information to a vehicle owner's insurance company if the tow does not meet the criteria described in Subsections (6)(e)(i)(A) and (B).(7)(a)The vehicle, vessel, or outboard motor impounded or removed to a state impound yard as described in this section shall be released after a party described in Subsection (6)(a) or (7)(f):(i)makes a claim for release of the vehicle, vessel, or outboard motor at any office of the State Tax Commission;(ii)presents identification sufficient to prove ownership of the impounded or removed vehicle, vessel, or outboard motor;(iii)completes the registration, if needed, and pays the appropriate fees;(iv)if the impoundment was made under Section 41-6a-527 or Subsection 41-1a-1101(3), pays:(A)an administrative impound fee of $425; and(B)in addition to the administrative fee described in Subsection (7)(a)(iv)(A), an administrative testing fee of $30; and(v)pays all towing and storage fees to the place where the vehicle, vessel, or outboard motor is stored.(b)(i)Twenty-nine dollars of the administrative impound fee assessed under Subsection (7)(a)(iv)(A) shall be dedicated credits to the Motor Vehicle Division.(ii)One-hundred and forty-seven dollars of the administrative impound fee assessed under Subsection (7)(a)(iv)(A) shall be deposited into the Department of Public Safety Restricted Account created in Section 53-3-106.(iii)Twenty dollars of the administrative impound fee assessed under Subsection (7)(a)(iv)(A) shall be deposited into the Brain and Spinal Cord Injury Fund created in Section 26B-1-318.(iv)After the distributions described in Subsections (7)(b)(i) through (iii), the remainder of the administrative impound fee assessed under Subsection (7)(a)(iv)(A) shall be deposited into the General Fund.(v)The administrative testing fee described in Subsection (7)(a)(iv)(B) shall be deposited into the State Laboratory Drug Testing Account created in Section 26B-1-304.(c)The administrative impound fee and the administrative testing fee assessed under Subsection (7)(a)(iv) shall be waived or refunded by the State Tax Commission if the registered owner, lien holder, or owner's agent presents written evidence to the State Tax Commission that:(i)the Driver License Division determined that the arrested person's individual's driver license should not be suspended or revoked under Section 53-3-223 or 41-6a-521 as shown by a letter or other report from the Driver License Division presented within 180 days after the day on which the Driver License Division mailed the final notification; or(ii)the vehicle was stolen at the time of the impoundment as shown by a copy of the stolen vehicle report presented within 180 days after the day of the impoundment.(d)A tow truck operator, a tow truck motor carrier, and an impound yard shall accept payment by cash and debit or credit card for a removal or impoundment under Subsection (1) or any service rendered, performed, or supplied in connection with a removal or impoundment under Subsection (1).(e)The owner of an impounded vehicle may not be charged a fee for the storage of the impounded vehicle, vessel, or outboard motor if:(i)the vehicle, vessel, or outboard motor is being held as evidence; and(ii)the vehicle, vessel, or outboard motor is not being released to a party described in Subsection (6)(a), even if the party satisfies the requirements to release the vehicle, vessel, or outboard motor under this Subsection (7).(f)In addition to the parties described in Subsection (6)(a), the vehicle, vessel, or outboard motor impounded or removed to a state impound yard as described in this section shall be released to an individual that is not described in Subsection (6)(a) if the individual:(i)(A)satisfies the requirements of Subsections (7)(a)(i) and (7)(a)(iii) through (v);(B)presents the individual's driver license or other government-issued identification; and(C)demonstrates that the individual has authority granted by a person described in Subsection (6)(a) to obtain and operate the vehicle; or(ii)is a tow truck operator or tow truck motor carrier that:(A)demonstrates that the tow truck operator or tow truck motor carrier has authority granted by a person described in Subsection (6)(a) to obtain and operate the vehicle, vessel, or outboard motor;(B)provides a towing certificate issued by the Department of Transportation pursuant toin accordance with Section 72-9-602;(C)pays all towing and storage fees; and(D)obtains or presents an impound release for the vehicle, vessel, or outboard motor pursuant toin accordance with Subsection (7)(a).(8)(a)For an impounded or a removed vehicle, vessel, or outboard motor not claimed by a party described in Subsection (6)(a) or (7)(f) within the time prescribed by Section 41-1a-1103, the Motor Vehicle Division shall issue a certificate of sale for the impounded or removed vehicle, vessel, or outboard motor as described in Section 41-1a-1103.(b)The date of impoundment or removal is considered the date of seizure for computing the time period provided under Section 41-1a-1103.(9)A party described in Subsection (6)(a) that pays all fees and charges incurred in the impoundment or removal of the owner's vehicle, vessel, or outboard motor has a cause of action for all the fees and charges, together with damages, court costs, and attorney fees, against the operator of the vehicle, vessel, or outboard motor whose actions caused the removal or impoundment.(10)(a)As used in this Subsection (10), "life essential item" means the same as that term is defined in Subsection 72-9-603(13).(b)Towing, impound fees, and storage fees are a possessory lien on the vehicle, vessel, or outboard motor.(c)Towing fees are a possessory lien on the vehicle, vessel, or outboard motor and any nonlife essential items contained in the vehicle, vessel, or outboard motor.(d)(i)Except for a vehicle, vessel, or outboard motor, or an item being held as evidence, a tow truck operator, a tow truck motor carrier, or an impound yard shall allow a person described in Subsection (6)(a) or an individual described in Subsection (7)(f)(i) to take possession of any life essential item within the vehicle, vessel, or outboard motor during normal business hours regardless of whether the towing, impound fees, or storage fees have been paid.(ii)A tow truck operator, a tow truck motor carrier, or an impound yard may not allow an individual to retrieve the items described in Subsection (10)(d)(i) if the retrieval would cause an unreasonable delay to vehicle impounding or storage or create a safety risk.(e)Except for a vehicle, vessel, or outboard motor being held as evidence, upon payment of the towing fee, a tow truck operator, a tow truck motor carrier, or an impound yard shall allow a person described in Subsection (6)(a) or an individual described in Subsection (7)(f)(i) to enter the vehicle, vessel, or outboard motor during normal business hours and remove personal property not attached to the vehicle, vessel, or outboard motor.(11)In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules setting the performance standards for towing companies to be used by the department.(12)(a)The Motor Vehicle Division may specify that a report required under Subsection (4) be submitted in electronic form utilizing using a database for submission, storage, and retrieval of the information.(b)(i)Unless otherwise provided by statute, the Motor Vehicle Division or the administrator of the database may adopt a schedule of fees assessed for utilizing using the database.(ii)The fees under this Subsection (12)(b) shall:(A)be reasonable and fair; and(B)reflect the cost of administering the database.

Section 2. Section 72-9-603 is amended to read:72-9-603Effective 05/06/26. Towing notice requirements -- Cost responsibilities -- Abandoned vehicle title restrictions -- Rules for maximum rates and certification.(1)Except for a tow truck service that was ordered by a peace officer, a person acting on behalf of a law enforcement agency, or a highway authority, after performing a tow truck service that is being done without the vehicle, vessel, or outboard motor owner's knowledge, the tow truck operator or the tow truck motor carrier shall:(a)immediately upon arriving at the place of storage or impound of the vehicle, vessel, or outboard motor:(i)provide relevant information to the impound vehicle service system database administered by the Motor Vehicle Division, including:(A)the date and time of the removal of the vehicle, vessel, or outboard motor;(B)a description of the vehicle, vessel, or outboard motor; and(C)the vehicle identification number or vessel or outboard motor identification number; and(ii)contact the law enforcement agency having jurisdiction over the area where the vehicle, vessel, or outboard motor was picked up and notify the agency of the:(A)location of the vehicle, vessel, or outboard motor;(B)date, time, and location from which the vehicle, vessel, or outboard motor was removed;(C)reasons for the removal of the vehicle, vessel, or outboard motor;(D)person who requested the removal of the vehicle, vessel, or outboard motor; and(E)description, including the identification number, license number, or other identification number issued by a state agency, of the vehicle, vessel, or outboard motor;(b)except for a vehicle, vessel, or outboard motor that has been retrieved by the owner or operator, within two business days of performing the tow truck service under Subsection (1)(a), send a certified letter to the last-known address of each party described in Subsection 41-6a-1406(6)(a) with an interest in the vehicle, vessel, or outboard motor obtained from the Motor Vehicle Division or, if the person individual has actual knowledge of the party's address, to the current party's address, notifying the party of the:(i)location of the vehicle, vessel, or outboard motor;(ii)date, time, and location from which the vehicle, vessel, or outboard motor was removed;(iii)reasons for the removal of the vehicle, vessel, or outboard motor;(iv)person who requested the removal of the vehicle, vessel, or outboard motor;(v)a description, including itsan identification number and license number or other identification number issued by a state agency; and(vi)costs and procedures to retrieve the vehicle, vessel, or outboard motor; and(c)upon initial contact with the owner or operator whose vehicle, vessel, or outboard motor was removed, provide the owner or operator with a copy of the Utah Consumer Bill of Rights Regarding Towing established by the department in Subsection (16)(e).(2)Until the tow truck operator or tow truck motor carrier reports the information required under Subsection (1)(a), a tow truck operator, tow truck motor carrier, or impound yard may not:(a)collect any fee associated with the removal; or(b)begin charging storage fees.(3)(a)Except as provided in Subsection (3)(b) or (9), a tow truck operator or tow truck motor carrier may not perform a tow truck service at the request or direction of a private property owner or the property owner's agent unless:(i)the owner or a lien holder of the vehicle, vessel, or outboard motor consents to the tow truck service; or(ii)the property owner erects signage that meets the requirements of:(A)Subsection (4)(b)(ii); and(B)Subsection (7) or (8).(b)Subsections (7) through (9) do not apply to the removal of a vehicle, vessel, or outboard motor:(i)from a location where parking is prohibited by law, including:(A)a designated fire lane;(B)within 15 feet of a fire hydrant, unless the vehicle is parked in a marked parking stall or space; or(C)a marked parking stall or space legally designated for disabled personsindividuals;(ii)from a location where it is reasonably apparent that the location is not open to parking;(iii)from a location where all public access points are controlled by:(A)a permanent gate, door, or similar feature allowing the vehicle to access the facility; or(B)a parking attendant;(iv)from a location that materially interferes with access to private property;(v)from the property of a detached single-family dwelling or duplex; or(vi)pursuant toin accordance with a legal repossession.(4)(a)A private property owner may, subject to the requirements of a local ordinance, enforce parking restrictions by:(i)authorizing a tow truck motor carrier to patrol and monitor the property and enforce parking restrictions on behalf of the property owner in accordance with Subsection (7);(ii)enforcing parking restrictions as needed by requesting a tow from a tow truck motor carrier on a case-by-case basis in accordance with Subsection (8); or(iii)requesting a tow from a tow truck motor carrier after providing 24-hour written notice in accordance with Subsection (9).(b)(i)Any agreement between a private property owner and tow truck motor carrier authorizing the tow truck motor carrier to patrol and monitor the property under Subsection (4)(a)(i) shall include specific terms and conditions for the tow truck motor carrier to remove a vehicle, vessel, or outboard motor from the property.(ii)In addition to the signage described in Subsection (7) or (8), a private property owner who allows public parking shall erect appropriate signage on the property indicating clear instructions for parking at the property.(iii)Where a single parking area includes abutting parcels of property owned by two or more private property owners who enforce different parking restrictions under Subsection (7) or (8), each property owner shall, in addition to the requirements under Subsection (7) or (8), erect signage as required by this section:(A)at each entrance to the property owner's parcel from another property owner's parcel; and(B)if there is no clearly defined entrance between one property owner's parcel and another property owner's parcel, at intervals of 40 feet or less along the line dividing the property owner's parcel from the other property owner's parcel.(iv)Where there is no clearly defined entrance to a parking area from a highway, the property owner shall erect signage as required by this section at intervals of 40 feet or less along any portion of a property line where a vehicle, vessel, or outboard motor may enter the parking area.(5)Nothing in Subsection (3) or (4) restricts the ability of a private property owner from, subject to the provisions of this section, instituting and enforcing regulations for parking at the property.(6)In addition to any other powers provided by law, a political subdivision or state agency may:(a)enforce parking restrictions in accordance with Subsections (7) through (9) on property that is:(i)owned by the political subdivision or state agency;(ii)located outside of the public right-of-way; and(iii)open to public parking; and(b)request or direct a tow truck service in order to abate a public nuisance on private property over which the political subdivision or state agency has jurisdiction.(7)For private property where parking is enforced under Subsection (4)(a)(i), the property owner shall ensure that each an entrance to the property has signs located on the property and clearly visible to the driver of a vehicle entering the property that substantially comply with the following, as determined by the department:(a)a top sign that is 24 inches tall by 18 inches wide and has:(i)a blue, reflective background with a 1/2 inch white border;(ii)two-inch, white letters at the top of the sign with the capitalized words "Lot is Patrolled";(iii)a white towing logo that is six inches tall and 16 inches wide that depicts an entire tow truck, a tow hook, and an entire vehicle being towed; and(iv)two-inch, white letters at the bottom of the sign with the capitalized words "Towing Enforced"; and(b)a bottom sign that is 24 inches tall by 18 inches wide with a 1/2 inch white, reflective border, and has:(i)a top half that is red background with white, reflective letters indicating:(A)who is authorized to park or restricted from parking at the property; and(B)any type of vehicle prohibited from parking at the property; and(ii)a bottom half that has a white, reflective background with red letters indicating:(A)the name and telephone number of the tow truck motor carrier that the property owner has authorized to patrol the property; and(B)the Internetinternet web address "tow.utah.gov".(8)(a)For private property where parking is enforced under Subsection (4)(a)(ii), a tow truck motor carrier may not:(i)a tow truck motor carrier may not:(A)(i)patrol and monitor the property;(B)(ii)perform a tow truck service without the written or verbal request of the property owner or the property owner's agent; or(C)(iii)act as the property owner's agent to request a tow truck service.(b)For private property where parking is enforced under Subsection (4)(a)(ii), the property owner shall ensure that eachan entrance to the property has a clearly visible sign located on the property that substantially follows the following format, as determined by the department:(i) the sign is 24 inches tall by 18 inches wide with a 1/2 inch white, reflective border, and has:(A)at the top of the sign, a blue background with a white, reflective towing logo that is at least four inches tall and 16 inches wide that depicts an entire tow truck, a tow hook, and an entire vehicle being towed;(B)immediately below the towing logo described in Subsection (8)(b)(i)(A), a blue background with white, reflective letters at least two inches tall with the capitalized words "Towing Enforced"; and(C)in the middle of the sign, a red background with white, reflective letters at least one inch tall indicating who is authorized to park or restricted from parking at the property, and any type of vehicle prohibited from parking at the property; and(ii)at the bottom of the sign, a white, reflective background with red letters at least one inch tall indicating:(A)either the name and telephone number of the property owner or the property owner's agent who is authorized to request a tow truck service, or the name and telephone number of the tow truck motor carrier that provides tow truck services for the property; and(B)the Internetinternet web address "tow.utah.gov".(c)If a dispute arises regarding whether a sign required under this section substantially complies with the requirements of this section, the department shall determine whether the sign substantially complies.(9)(a)For private property without signage substantially meeting the requirements of Subsection (7) or (8), as determined by the department, the property owner may request a tow truck motor carrier to remove a vehicle, vessel, or outboard motor from the private property 24 hours after the property owner or the property owner's agent affixes a written notice to the vehicle, vessel, or outboard motor in accordance with this Subsection (9).(b)The written notice described in Subsection (9)(a) shall:(i)indicate the exact time when the written notice is affixed to the vehicle, vessel, or outboard motor;(ii)warn the owner of the vehicle, vessel, or outboard motor that the vehicle, vessel, or outboard motor will be towed from the property if it is not removed within 24 hours after the time indicated in Subsection (9)(b)(i);(iii)be at least four inches tall and four inches wide; and(iv)be affixed to the vehicle, vessel, or outboard motor at a conspicuous location on the driver's side window of the vehicle, vessel, or outboard motor.(c)A property owner may authorize a tow truck motor carrier to act as the property owner's agent for purposes of affixing the written notice described in Subsection (9)(a) to a vehicle, vessel, or outboard motor.(10)The department shall publish on the department Internet department's website the signage requirements and written notice requirements and illustrated or photographed examples of the signage and written notice requirements described in Subsections (7) through (9).(11)It is an affirmative defense to any claim, based on the lack of notice, that arises from the towing of a vehicle, vessel, or outboard motor from private property that the property had signage meeting the requirements of:(a)Subsection (4)(b)(ii); and(b)Subsection (7) or (8).(12)An individual described in Subsection 41-6a-1406(7)(f)(i) or a party described in Subsection 41-6a-1406(6)(a) with an interest in a vehicle, vessel, or outboard motor lawfully removed is only responsible for paying:(a)the tow truck service and storage fees set in accordance with Subsection (16); and(b)the administrative impound fee set in Section 41-6a-1406, if applicable.(13)(a)As used in this Subsection (13), "life essential item" means:(i)prescription medication;(ii)medical equipment;(iii)shoes;(iv)coats;(v)food and water;(vi)child safety seats;(vii)a cell phone;(viii)tools necessary for an individual's employment;(vii)(ix)government-issued photo identification; and(viii)(x)human remains.(b)The fees under Subsection (12) are a possessory lien on the vehicle, vessel, or outboard motor.(c)Towing fees are a possessory lien on the vehicle, vessel, or outboard motor and any nonlife essential items contained in the vehicle, vessel, or outboard motor.(d)Except for a vehicle, vessel, or outboard motor, or an item being held as evidence, a tow truck operator, a tow truck motor carrier, or an impound yard shall allow a party described in Subsection 41-6a-1406(6)(a) with an interest in the vehicle, vessel, or outboard motor or an individual described in Subsection 41-6a-1406(7)(f)(i) to take possession of any life essential item within the vehicle, vessel, or outboard motor during normal business hours regardless of whether the towing, impound fees, or storage fees have been paid.(e)Except for a vehicle, vessel, or outboard motor being held as evidence, upon payment of the towing fee, a tow truck operator, a tow truck motor carrier, or an impound yard shall allow a party described in Subsection 41-6a-1406(6)(a) with an interest in the vehicle, vessel, or outboard motor or an individual described in Subsection 41-6a-1406(7)(f)(i) to enter the vehicle, vessel, or outboard motor during normal business hours and remove personal property not attached to the vehicle, vessel, or outboard motor.(f)The tow truck operator or tow truck motor carrier shall securely store the vehicle, vessel, or outboard motor and items described in Subsection (13)(a) in an approved state impound yard until a party described in Subsection 41-6a-1406(6)(a) with an interest in the vehicle, vessel, or outboard motor:(i)pays the fees described in Subsection (12); and(ii)removes the vehicle, vessel, or outboard motor from the state impound yard.(14)(a)A vehicle, vessel, or outboard motor shall be considered abandoned if a party described in Subsection 41-6a-1406(6)(a) with an interest in the vehicle, vessel, or outboard motor or an individual described in Subsection 41-6a-1406(7)(f)(i) does not, within 30 days after notice has been sent under Subsection (1)(b):(i)pay the fees described in Subsection (12); and(ii)remove the vehicle, vessel, or outboard motor from the secure storage facility.(b)A person may not request a transfer of title to an abandoned vehicle, vessel, or outboard motor until at least 30 days after notice has been sent under Subsection (1)(b).(15)(a)A tow truck motor carrier or impound yard shall clearly and conspicuously post and disclose all its current fees, rates, and acceptable forms of payment for tow truck service and storage of a vehicle in accordance with rules established under Subsection (16).(b)A tow truck operator, a tow truck motor carrier, and an impound yard shall accept payment by cash and debit or credit card for a tow truck service under Subsection (1) or any service rendered, performed, or supplied in connection with a tow truck service under Subsection (1).(16)In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall:(a)subject to the restriction in Subsection (17), set maximum rates that:(i)a tow truck motor carrier may charge for the tow truck service of a vehicle, vessel, or outboard motor that are transported in response to:(A)a peace officer dispatch call;(B)a motor vehicle division call; and(C)any other call or request where the owner of the vehicle, vessel, or outboard motor has not consented to the removal;(ii)an impound yard may charge for the storage of a vehicle, vessel, or outboard motor stored as a result of one of the conditions listed under Subsection (16)(a)(i); and(iii)an impound yard may charge for the after-hours release of a vehicle, vessel, or outboard motor stored as a result of one of the conditions described in Subsection (16)(a)(i);(b)establish authorized towing certification requirements, not in conflict with federal law, related to incident safety, clean-up, and hazardous material handling;(c)specify the form and content of the posting and disclosure of fees and rates charged and acceptable forms of payment by a tow truck motor carrier or impound yard;(d)set a maximum rate for an administrative fee that a tow truck motor carrier may charge for reporting the information required under Subsection (1)(a)(i) and providing notice of the removal to each party described in Subsection 41-6a-1406(6)(a) with an interest in the vehicle, vessel, or outboard motor as required in Subsection (1)(b);(e)establish a Utah Consumer Bill of Rights Regarding Towing form that contains specific information regarding:(i)a vehicle owner's or operator's rights and responsibilities if the owner's vehicle is towed;(ii)identifies the maximum rates that a tow truck motor carrier may charge for the tow truck service of a vehicle, vessel, or outboard motor that is transported in response to a call or request where the owner of the vehicle, vessel, or outboard motor has not consented to the removal; and(iii)identifies the maximum rates that an impound yard may charge for the storage of vehicle, vessel, or outboard motor that is transported in response to a call or request where the owner of the vehicle, vessel, or outboard motor has not consented to the removal; and(f)set a maximum rate for an after-hours fee allowed under Subsection (19)(b).(17)An impound yard may not charge a fee for the storage of an impounded vehicle, vessel, or outboard motor if:(a)the vehicle, vessel, or outboard motor is being held as evidence; and(b)the vehicle, vessel, or outboard motor is not being released to a party described in Subsection 41-6a-1406(6)(a) or an individual described in Subsection 41-6a-1406(7)(f)(i), even if the party satisfies the requirements to release the vehicle, vessel, or outboard motor under Section 41-6a-1406.(18)(a)(i)A tow truck motor carrier may charge a rate up to the maximum rate set by the department in rules made under Subsection (16).(ii)In addition to the maximum rates established under Subsection (16) and when receiving payment by credit card or debit card, a tow truck operator, a tow truck motor carrier, or an impound yard may charge a card processing fee of 3% of the transaction total.(b)A tow truck motor carrier may not be required to maintain insurance coverage at a higher level than required in rules made pursuant toin accordance with Subsection (16).(19)When a tow truck motor carrier or impound lot is in possession of a vehicle, vessel, or outboard motor as a result of a tow service that was performed without the consent of the owner, and that was not ordered by a peace officer or a person acting on behalf of a law enforcement agency, the tow truck motor carrier or impound yard shall make personnel available:(a)by phone 24 hours a day, seven days a week; and(b)to release the impounded vehicle, vessel, or outboard motor to the owner within one hour of when the owner calls the tow truck motor carrier or impound yard.(20)A tow truck motor carrier or a tow truck operator may not:(a)share contact or other personal information of an owner of a vehicle, vessel, or outboard motor or a party described in Subsection 41-6a-1406(6)(a) for which the tow truck motor carrier or tow truck operator has performed a tow service; and(b)receive payment for referring a person for whom the tow truck motor carrier or tow truck operator has performed a tow service to another service, including:(i)a lawyer referral service;(ii)a medical provider;(iii)a funding agency;(iv)a marketer for any service described in Subsections (20)(b)(i) through (iii);(v)a marketer for any other service; or(vi)a third party vendor.

Section 3. Effective Date.This bill takes effect on May 6, 2026.