First Substitute S.B. 161

1

MOTOR VEHICLE COMPLIANCE WITH INSURANCE,
2 REGISTRATION, AND SALES TAX REQUIREMENTS
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Craig A. Peterson
6 AN ACT RELATING TO MOTOR VEHICLES; AMENDING CERTAIN USES OF THE
7 INFORMATION IN THE UNINSURED MOTORIST IDENTIFICATION DATABASE
8 PROGRAM; AMENDING CERTAIN PENALTIES; AUTHORIZING CERTAIN REPORTS;
9 PROVIDING FOR NOTICES OF CERTAIN POSSIBLE VIOLATIONS; PROVIDING FOR
10 AUDITING OF THE PROGRAM; AMENDING USES OF ACCOUNT MONIES; AND
11 PROVIDING AN EFFECTIVE DATE.
12 This act affects sections of Utah Code Annotated 1953 as follows:
13 AMENDS:
14 31A-22-315, as last amended by Chapter 2, Laws of Utah 1996
15 41-1a-1303, as last amended by Chapter 86, Laws of Utah 1995
16 41-12a-803, as enacted by Chapter 59, Laws of Utah 1994
17 41-12a-804, as last amended by Chapter 2, Laws of Utah 1996
18 41-12a-805, as enacted by Chapter 59, Laws of Utah 1994
19 41-12a-806, as enacted by Chapter 59, Laws of Utah 1994
20 Be it enacted by the Legislature of the state of Utah:
21 Section 1. Section 31A-22-315 is amended to read:
22 31A-22-315. Motor vehicle insurance reporting -- Penalty.
23 (1) (a) Each insurer that issues a policy that includes motor vehicle liability coverage,
24 uninsured motorist coverage, underinsured motorist coverage, or personal injury coverage under
25 this part shall before the seventh day of each calendar month provide to the Department of Public
26 Safety's designated agent selected in accordance with Title 41, Chapter 12a, Part VIII, Uninsured
27 Motorist Identification Database Program, a record of each motor vehicle insurance policy in effect

1 for vehicles registered or garaged in Utah as of the previous month that was issued by the insurer.
2 (b) This subsection does not preclude more frequent reporting.
3 (2) The record shall include:
4 (a) the name, date of birth, and driver license number of each insured owner or operator,
5 and the address of the named insured;
6 (b) the make, year, and vehicle identification number of each insured vehicle; and
7 (c) the policy number, effective date, and expiration date of each policy.
8 (3) Each insurer shall provide this information on magnetic tape or in another form the
9 Department of Public Safety's designated agent agrees to accept.
10 (4) (a) The commissioner may, following procedures set forth in Title 63, Chapter 46b,
11 Administrative Procedures Act, assess a fine against an insurer of up to $250 for each day the
12 insurer fails to comply with this section.
13 (b) If an insurer shows that the failure to comply with this section was inadvertent,
14 accidental, or the result of excusable neglect, the commissioner shall excuse the fine.
15 Section 2. Section 41-1a-1303 is amended to read:
16 41-1a-1303. Driving without registration or certificate of title -- Class C
17 misdemeanor.
18 (1) Except as provided in Subsection (3) or Section 41-1a-211, it is a class C misdemeanor
19 for a person to drive or move, or for an owner knowingly to permit to be driven or moved upon
20 any highway any vehicle of a type required to be registered in this state:
21 (a) that is not registered or for which a certificate of title has not been issued or applied
22 for; or
23 (b) for which the required fee has not been paid.
24 (2) (a) [Except] Until September 30, 1997, and except as provided in Subsection (2)(b),
25 a violation of Subsection 41-1a-202(3), related to registration of vehicles after establishing
26 residency, has a minimum fine of $200.
27 (b) A court may not dismiss an action brought for a violation of Subsection 41-1a-202(3)
28 merely because the defendant has obtained the appropriate registration subsequent to violating the
29 section. [The] Until September 30, 1997, the court may, however, reduce the fine to $50 if the
30 violator presents evidence of current registration at the time of his hearing.
31 (3) (a) Beginning October 1, 1997 a violation of Subsection 41-1a-202(3), related to

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1 registration of vehicles after establishing residency, is a class B misdemeanor and except as
2 provided in Subsection (3)(b), has a minimum fine of $1000.
3 (b) A court may not dismiss an action brought for a violation of Subsection 41-1a-202(3)
4 merely because the defendant has obtained the appropriate registration subsequent to violating the
5 section. Beginning October 1, 1997, the court may, however, reduce the fine to $200 if the
6 violator presents evidence at the time of his hearing that:
7 (i) the vehicle is currently registered properly; and
8 (ii) the violation has not existed for more than one year.
9 Section 3. Section 41-12a-803 is amended to read:
10 41-12a-803. Program creation -- Administration -- Selection of designated agent --
11 Duties -- Rulemaking.
12 (1) There is created the Uninsured Motorist Identification Database Program to establish
13 an Uninsured Motorist Identification Database to verify compliance with motor vehicle owner's
14 or operator's security requirements under Section 41-12a-301 and other provisions under this part.
15 (2) The program shall be administered by the department with the assistance of the
16 designated agent and the Motor Vehicle Division.
17 (3) (a) The department shall contract in accordance with Title 63, Chapter 56, Utah
18 Procurement Code, with a third party to track compliance with the owner's or operator's security
19 requirements under Section 41-12a-301 and other provisions under this part.
20 (b) The contract may not obligate the department to pay the third party more monies than
21 are available in the account.
22 (4) (a) The third party under contract under this section is the department's designated
23 agent, and shall develop and maintain a computer database from the information provided by:
24 (i) insurers under Section 31A-22-314;
25 (ii) the division under Subsection (6); and
26 (iii) the Motor Vehicle Division under Section 41-1a-120.
27 (b) (i) The database shall be developed and maintained in accordance with guidelines
28 established by the department so that state and local law enforcement agencies can efficiently
29 access the records of the database, including reports useful for the implementation of the
30 provisions of this part.
31 (ii) The reports shall be in a form and contain information approved by the department.

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1 (5) With information provided by the department and the Motor Vehicle Division, the
2 designated agent shall, at least monthly:
3 (a) update the database with the motor vehicle insurance information provided by the
4 insurers in accordance with Section 31A-22-314; and
5 (b) compare all current motor vehicle registrations against the database.
6 (6) The division shall provide the designated agent with the name, date of birth, address,
7 and driver license number of all persons on the driver license database.
8 (7) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
9 department shall make rules and develop procedures in cooperation with the Motor Vehicle
10 Division to use the database for the purpose of administering and enforcing this part.
11 Section 4. Section 41-12a-804 is amended to read:
12 41-12a-804. Notice -- Proof.
13 (1) If the comparison under Section 41-12a-803 shows that a motor vehicle is not insured
14 for three consecutive months, the Motor Vehicle Division may direct that the designated agent
15 provide notice to the owner of the motor vehicle that he has 45 days to provide:
16 (a) proof of owner's or operator's security in a form allowed under Subsection
17 41-12a-303.2(4); or
18 (b) proof of exemption from the owner's or operator's security requirements.
19 (2) If an owner of a motor vehicle fails to provide satisfactory proof of owner's or
20 operator's security to the designated agent, the Motor Vehicle Division may direct the designated
21 agent to provide additional notices.
22 (3) The department and the Motor Vehicle Division shall direct the designated agent to
23 exempt from this section a farm truck that:
24 (a) meets the definition of a farm truck under Section 41-1a-102; and
25 (b) is registered as a farm truck under Title 41, Chapter 1a, Motor Vehicle Act.
26 (4) This part does not affect other actions or penalties that may be taken or imposed for
27 violation of the owner's and operator's security requirements of this chapter.
28 (5) If a comparison under Section 41-12a-803 shows that a motor vehicle may not be in
29 compliance with motor vehicle registration or sales and use tax laws, the Motor Vehicle Division
30 may direct that the designated agent provide notice to the owner of a motor vehicle that
31 information exists which indicates the possible violation.

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1 Section 5. Section 41-12a-805 is amended to read:
2 41-12a-805. Disclosure of insurance information -- Penalty.
3 (1) Information in the database established under Section 41-12a-803 provided by a person
4 to the designated agent is considered to be the property of the person providing the information.
5 The information may not be disclosed from the database under Title 63, Chapter 2, Government
6 Records Access and Management Act, or otherwise, except as follows:
7 (a) for the purpose of investigating, litigating, or enforcing the owner's or operator's
8 security requirement under Section 41-12a-301, the designated agent shall verify insurance through
9 the state computer network for a state or local government agency;
10 (b) for the purpose of investigating, litigating, or enforcing the owner's or operator's
11 security requirement under Section 41-12a-301, the designated agent shall, upon request, issue to
12 any state or local government agency a certificate documenting the insurance status, according to
13 the database, of a specific individual or motor vehicle for the time period designated by the
14 government agency; [and]
15 (c) upon request, the department shall disclose whether or not a person is an insured
16 individual to:
17 (i) that individual;
18 (ii) the parent or legal guardian of that individual if the individual is an unemancipated
19 minor;
20 (iii) the legal guardian of that individual if the individual is legally incapacitated;
21 (iv) a person who has power of attorney from the insured individual;
22 (v) a person who submits a notarized release from the insured individual dated no more
23 than 90 days before the date the request is made; or
24 (vi) a person suffering loss or injury in a motor vehicle accident in which the insured
25 individual is involved, but only as part of an accident report as authorized in Section
26 41-12a-202[.];
27 (d) for the purpose of investigating, enforcing, or prosecuting laws by state or local law
28 enforcement agencies related to the:
29 (i) registration and renewal of registration of a motor vehicle under Title 41, Chapter 1a,
30 Motor Vehicle Act; and
31 (ii) purchase of a motor vehicle under Title 59, Chapter 12, Sales and Use Tax Act;

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1 (e) upon request of a peace officer acting in an official capacity under the provisions of
2 Subsection (1)(d), the department or the designated agent shall, upon request, disclose relevant
3 information for investigation, enforcement, or prosecution; and
4 (f) for the purpose of the state auditor or the legislative auditor general conducting audits
5 of the program.
6 (2) Any person who knowingly releases or discloses information from the database for a
7 purpose other than those authorized in this section or to a person who is not entitled to it is guilty
8 of a third degree felony.
9 (3) An insurer is not liable to any person for complying with Section 31A-22-314 by
10 providing information to the designated agent.
11 (4) Neither the state nor the department's designated agent are liable to any person for
12 gathering, managing, or using the information in the database as provided in Section 31A-22-314
13 and this part.
14 Section 6. Section 41-12a-806 is amended to read:
15 41-12a-806. Restricted Account -- Creation -- Funding -- Interest -- Purposes.
16 (1) There is created within the Transportation Fund a restricted account known as the
17 "Uninsured Motorist Identification Restricted Account."
18 (2) The account consists of monies generated from the following revenue sources:
19 (a) monies received by the state under Section 41-1a-1218, the uninsured motorist
20 identification fee; and
21 (b) appropriations made to the account by the Legislature.
22 (3) (a) The account shall earn interest.
23 (b) All interest earned on account monies shall be deposited into the account.
24 (4) Monies shall be appropriated from the account by the Legislature to the department
25 to:
26 (a) fund the contract with the designated agent; and
27 (b) offset the costs to state and local law enforcement agencies of [verifying insurance]
28 using the information for the purposes authorized under this part.
29 Section 7. Effective date.
30 If approved by two-thirds of all the members elected to each house, this act takes effect
31 upon approval by the governor, or the day following the constitutional time limit of Utah

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1 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
2 date of veto override.

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