Download Zipped Introduced WP 8.0 HB0026.ZIP 9,710 Bytes
[Status][Bill Documents][Fiscal Note][Bills Directory]
H.B. 26
1
2
3
4
5 AN ACT RELATING TO MOTOR VEHICLES; PERMITTING VEHICLES OPERATED
6 WITHOUT EVIDENCE OF OWNER'S OR OPERATOR'S SECURITY OR WITH FALSE
7 LICENSE PLATES OR REGISTRATION TO BE SEIZED; ESTABLISHING CONDITIONS OF
8 RELEASE; PROVIDING FOR REIMBURSEMENT OF CERTAIN COSTS; AND PROVIDING
9 AN EFFECTIVE DATE.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 41-1a-1101, as last amended by Chapters 270 and 281, Laws of Utah 1998
13 41-1a-1102, as renumbered and amended by Chapter 1, Laws of Utah 1992
14 41-12a-806, as last amended by Chapter 269, Laws of Utah 1997
15 Be it enacted by the Legislature of the state of Utah:
16 Section 1. Section 41-1a-1101 is amended to read:
17 41-1a-1101. Seizure -- Circumstances where permitted -- Impound lot standards.
18 (1) The division or any peace officer, without a warrant, may seize and take possession of
19 any vehicle, vessel, or outboard motor:
20 (a) that the division or the peace officer has reason to believe has been stolen;
21 (b) on which any identification number has been defaced, altered, or obliterated;
22 (c) that displays a license plate or registration document that was not issued for that
23 vehicle, vessel, or outboard motor;
24 [
25 [
26 not been honored by the applicant's bank and that is not paid within 30 days;
27 [
28 [
29 (i) with registration that has been expired for more than three months;
30 (ii) having never been properly registered by the current owner; [
31 (iii) with registration that is suspended or revoked[
32 (iv) without evidence of owner's or operator's security as required under Section
33 41-12a-303.2 if owner's or operator's security is required under Subsection 41-12a-301 (2)(a) or
34 (2)(b)(ii).
35 (2) If necessary for the transportation of a seized vessel, the vessel's trailer may be seized
36 to transport and store the vessel.
37 (3) Any peace officer seizing or taking possession of a vehicle, vessel, or outboard motor
38 under this section shall immediately notify the division of the action.
39 (4) A vehicle or vessel seized under this section shall be moved by a peace officer or by
40 a tow truck that meets the standards established:
41 (a) by the Department of Public Safety under Subsection 41-6-102 (4)(b); and
42 (b) under Title 72, Chapter 9, Motor Carrier Safety Act.
43 (5) (a) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
44 commission shall make rules setting standards for public garages, impound lots, and impound
45 yards that may be used by peace officers and the division.
46 (b) The standards shall be equitable, reasonable, and unrestrictive as to the number of
47 public garages, impound lots, or impound yards per geographical area.
48 (6) (a) Except as provided under Subsection (6)(b), a person may not operate or allow to
49 be operated a vehicle stored in a public garage, impound lot, or impound yard regulated under this
50 part without prior written permission of the owner of the vehicle.
51 (b) Incidental and necessary operation of a vehicle to move the vehicle from one parking
52 space to another within the facility and that is necessary for the normal management of the facility
53 is not prohibited under this Subsection (6)(a).
54 (7) A person who violates the provisions of Subsection (6) is guilty of a class C
55 misdemeanor.
56 (8) The division or the peace officer who seizes a vehicle shall record the mileage shown
57 on the vehicle's odometer at the time of seizure, if:
58 (a) the vehicle is equipped with an odometer; and
59 (b) the odometer reading is accessible to the division or to the peace officer.
60 Section 2. Section 41-1a-1102 is amended to read:
61 41-1a-1102. Storage -- Establishing conditions of release.
62 (1) The division may store a seized vehicle, vessel, or outboard motor in a public or private
63 garage, state impound lot, or other approved storage facility until:
64 (a) the vehicle's, vessel's, or outboard motor's registration has been properly completed and
65 the appropriate fees have been paid [
66 (b) the ownership of the vehicle, vessel, or outboard motor is established to the satisfaction
67 of the division[
68 (c) if the vehicle is seized under Subsection 41-1a-1101 (1)(g)(iv):
69 (i) evidence of owner's or operator's security in a form described under Section
70 41-12a-303.2 is presented to the division; and
71 (ii) a $5 administrative impound fee is paid to the division.
72 (2) If the identification number has been defaced, altered, or obliterated, the vehicle,
73 vessel, or outboard motor may not be released until the identification number has been replaced
74 or until a new number assigned by the division has been provided and has been affixed to the
75 vehicle, vessel, or outboard motor.
76 (3) The Driver License Division of the Department of Public Safety shall provide a
77 reimbursement of all vehicle towing and storage fees and of the administrative impound fees
78 required under Subsection (1)(c) from the Uninsured Motorist Identification Restricted Account
79 to a person whose vehicle was seized under Subsection 41-1a-1101(1)(g)(iv) if:
80 (a) the person had owner's or operator's security in effect for the vehicle the person was
81 operating at the time of seizure;
82 (b) information from the Uninsured Motorist Identification Database Program created
83 under Title 41, Chapter 12a, Part 8, incorrectly identified the vehicle as being uninsured at the time
84 of seizure; and
85 (c) the person applies to the Driver License Division of the Department of Public Safety
86 and provides evidence of the costs eligible for reimbursement under this Subsection (3).
87 Section 3. Section 41-12a-806 is amended to read:
88 41-12a-806. Restricted Account -- Creation -- Funding -- Interest -- Purposes.
89 (1) There is created within the Transportation Fund a restricted account known as the
90 "Uninsured Motorist Identification Restricted Account."
91 (2) The account consists of monies generated from the following revenue sources:
92 (a) monies received by the state under Section 41-1a-1218 , the uninsured motorist
93 identification fee; and
94 (b) appropriations made to the account by the Legislature.
95 (3) (a) The account shall earn interest.
96 (b) All interest earned on account monies shall be deposited into the account.
97 (4) Monies shall be appropriated from the account by the Legislature to the department to:
98 (a) fund the contract with the designated agent; [
99 (b) offset the costs to state and local law enforcement agencies of using the information
100 for the purposes authorized under this part[
101 (c) reimburse a person's fees as required under Subsection 41-1a-1102 (3).
102 Section 4. Effective date.
103 This act takes effect on July 1, 2000.
Legislative Review Note
as of 12-8-99 1:18 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.