H.B. 68 Enrolled

MOTOR VEHICLE ENFORCEMENT DIVISION
AMENDMENTS
2005 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Paul Ray
Senate Sponsor: Dan R. Eastman

LONG TITLE
General Description:
This bill modifies the Motor Vehicle Business Regulation Act by increasing certain
temporary permit and certificate fees and requiring the fee increase to be used for
certain purposes.
Highlighted Provisions:
This bill:
. increases the fee for a temporary permit or a temporary sports event registration
certificate by 75 cents;
. requires that the fee increase be used for increased enforcement of the Motor
Vehicle Business Regulation Act;
. authorizes the administrator of the Motor Vehicle Enforcement Division to contract
with a public prosecutor for increased prosecution; and
. makes technical changes.
Monies Appropriated in this Bill:
None
Other Special Clauses:
This bill takes effect on July 1, 2005.
Utah Code Sections Affected:
AMENDS:
41-3-105, as last amended by Chapter 86, Laws of Utah 2000
41-3-603, as enacted by Chapter 12, Laws of Utah 2001, First Special Session

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 41-3-105 is amended to read:
41-3-105. Administrator's powers and duties -- Administrator and investigators to
be law enforcement officers.
(1) The administrator may make rules to carry out the purposes of this chapter and
Sections 41-1a-1001 through 41-1a-1007 according to the procedures and requirements of Title
63, Chapter 46a, Utah Administrative Rulemaking Act.
(2) (a) The administrator may employ clerks, deputies, and assistants necessary to
discharge the duties under this chapter and may designate the duties of those clerks, deputies, and
assistants.
(b) The administrator, assistant administrator, and all investigators shall be law
enforcement officers certified by peace officer standards and training as required by Section
53-13-103 .
(3) (a) The administrator may investigate any suspected or alleged violation of:
(i) this chapter;
(ii) Title 41, Chapter 1a, Motor Vehicle Act;
(iii) any law concerning motor vehicle fraud; or
(iv) any rule made by the administrator.
(b) The administrator may bring an action in the name of the state against any person to
enjoin a violation found under Subsection (3)(a).
(4) (a) The administrator may prescribe forms to be used for applications for licenses.
(b) The administrator may require information from the applicant concerning the
applicant's fitness to be licensed.
(c) Each application for a license shall contain:
(i) if the applicant is an individual, the name and residence address of the applicant and
the trade name, if any, under which he intends to conduct business;
(ii) if the applicant is a partnership, the name and residence address of each partner,

whether limited or general, and the name under which the partnership business will be
conducted;
(iii) if the applicant is a corporation, the name of the corporation, and the name and
residence address of each of its principal officers and directors;
(iv) a complete description of the principal place of business, including:
(A) the municipality, with the street and number, if any;
(B) if located outside of any municipality, a general description so that the location can
be determined; and
(C) any other places of business operated and maintained by the applicant in conjunction
with the principal place of business; and
(v) if the application is for a new motor vehicle dealer's license, the name of each motor
vehicle the applicant has been enfranchised to sell or exchange, the name and address of the
manufacturer or distributor who has enfranchised the applicant, and the names and addresses of
the individuals who will act as salespersons under authority of the license.
(5) The administrator may adopt a seal with the words "Motor Vehicle Enforcement
Administrator, State of Utah," to authenticate the acts of his office.
(6) (a) The administrator may require that the licensee erect or post signs or devices on
his principal place of business and any other sites, equipment, or locations operated and
maintained by the licensee in conjunction with his business.
(b) The signs or devices shall state the licensee's name, principal place of business, type
and number of licenses, and any other information that the administrator considers necessary to
identify the licensee.
(c) The administrator may make rules in accordance with Title 63, Chapter 46a, Utah
Administrative Rulemaking Act, determining allowable size and shape of signs or devices, their
lettering and other details, and their location.
(7) (a) The administrator shall provide for quarterly meetings of the advisory board and
may call special meetings.
(b) Notices of all meetings shall be sent to each member not fewer than five days prior to

the meeting.
(8) The administrator, the officers and inspectors of the division designated by the
commission, and peace officers shall:
(a) make arrests upon view and without warrant for any violation committed in their
presence of any of the provisions of this chapter, or Title 41, Chapter 1a, Motor Vehicle Act;
(b) when on duty, upon reasonable belief that a motor vehicle, trailer, or semitrailer is
being operated in violation of any provision of Title 41, Chapter 1a, Motor Vehicle Act, require
the driver of the vehicle to stop, exhibit his driver's license and the registration card issued for the
vehicle and submit to an inspection of the vehicle, the license plates, and registration card;
(c) serve all warrants relating to the enforcement of the laws regulating the operation of
motor vehicles, trailers, and semitrailers;
(d) investigate traffic accidents and secure testimony of witnesses or persons involved;
and
(e) investigate reported thefts of motor vehicles, trailers, and semitrailers.
(9) The administrator may contract with a public prosecutor to provide additional
prosecution of this chapter.
Section 2. Section 41-3-603 is amended to read:
41-3-603. Fees for temporary permits and temporary sports event registration
certificates -- Dedicated credits -- Use of fees.
(1) A [dealer shall pay to the division a] fee of [$6] $6.75 shall be paid to the division for
each of the following [the division issues to the dealer]:
(a) a temporary permit under Section 41-3-302 ; or
(b) a temporary sports event registration certificate under Section 41-3-306 .
(2) The division may use fees collected under Subsection (1) as dedicated credits to be
used toward the costs of the division.
(3) The division shall use 75 cents of the fees collected under Subsection (1) as dedicated
credits for increased enforcement of this chapter.
Section 3. Effective date.

This bill takes effect on July 1, 2005.