This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Tue, Mar 10, 2015 at 6:40 PM by lpoole.



Chief Sponsor: Marc K. Roberts

Senate Sponsor: Deidre M. Henderson


8     General Description:
9          This bill modifies Title 41, Motor Vehicles Code, regarding the uses of the Uninsured
10     Motorist Identification Restricted Account.
11     Highlighted Provisions:
12          This bill:
13          ▸     provides that the Legislature may appropriate up to $500,000 from the Uninsured
14     Motorist Identification Restricted Account each year to the Peace Officer Standards
15     and Training Division for law enforcement training through July 1, 2020; and
16          ▸     provides a repeal date.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          41-12a-806, as last amended by Laws of Utah 2014, Chapter 382
24          63I-1-241, as last amended by Laws of Utah 2010, Chapter 319

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 41-12a-806 is amended to read:

28          41-12a-806. Restricted account -- Creation -- Funding -- Interest -- Purposes.
29          (1) There is created within the Transportation Fund a restricted account known as the
30     "Uninsured Motorist Identification Restricted Account."
31          (2) The account consists of money generated from the following revenue sources:
32          (a) money received by the state under Section 41-1a-1218, the uninsured motorist
33     identification fee;
34          (b) money received by the state under Section 41-1a-1220, the registration
35     reinstatement fee; and
36          (c) appropriations made to the account by the Legislature.
37          (3) (a) The account shall earn interest.
38          (b) All interest earned on account money shall be deposited into the account.
39          (4) [Money shall be appropriated from the account by the] The Legislature shall
40     appropriate money from the account to:
41          (a) the department to fund the contract with the designated agent;
42          (b) the department to offset the costs to state and local law enforcement agencies of
43     using the information for the purposes authorized under this part;
44          (c) the Tax Commission to offset the costs to the Motor Vehicle Division for revoking
45     and reinstating vehicle registrations under Subsection 41-1a-110(2)(a)(ii); and
46          (d) the department to reimburse a person for the costs of towing and storing the
47     person's vehicle if:
48          (i) the person's vehicle was impounded in accordance with Subsection 41-1a-1101(2);
49          (ii) the impounded vehicle had owner's or operator's security in effect for the vehicle at
50     the time of the impoundment;
51          (iii) the database indicated that owner's or operator's security was not in effect for the
52     impounded vehicle; and
53          (iv) the department determines that the person's vehicle was wrongfully impounded.
54          (5) The Legislature may appropriate not more than $500,000 annually from the account
55     to the Peace Officer Standards and Training Division, created under Section 53-6-103, for use
56     in law enforcement training Ŝ→ , including training on the use of the Uninsured Motorist
56a     Identification Database Program created under Title 41, Chapter 12a, Part 8, Uninsured
56b     Motorist Identification Database Program ←Ŝ .
57          [(5)] (6) (a) By following the procedures in Title 63G, Chapter 4, Administrative
58     Procedures Act, the department shall hold a hearing to determine whether a person's vehicle

59     was wrongfully impounded under Subsection 41-1a-1101(2).
60          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
61     division shall make rules establishing procedures for a person to apply for a reimbursement
62     under Subsection (4)(d).
63          (c) A person is not eligible for a reimbursement under Subsection (4)(d) unless the
64     person applies for the reimbursement within six months from the date that the motor vehicle
65     was impounded.
66          Section 2. Section 63I-1-241 is amended to read:
67          63I-1-241. Repeal dates, Title 41.
68          Subsection 41-12a-806(5) is repealed on July 1, 2020.

Legislative Review Note
     as of 12-5-14 9:25 AM

Office of Legislative Research and General Counsel