Representative Johnny Anderson proposes the following substitute bill:


1     
MOTOR VEHICLE ACCIDENT COST RECOVERY

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Johnny Anderson

5     
Senate Sponsor: David P. Hinkins

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to the recovery of costs for repairs of damages
10     caused by motor vehicle accidents.
11     Highlighted Provisions:
12          This bill:
13          ▸     provides for government entities and certain contractors to contract with third
14     parties to recover costs for repairs of damages caused by motor vehicle accidents;
15          ▸     clarifies the fees that a third party may charge for services to recover costs for
16     repairs of damages caused by motor vehicle accidents; and
17          ▸     makes technical changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          41-6a-409, as enacted by Laws of Utah 2012, Chapter 364
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 41-6a-409 is amended to read:
28          41-6a-409. Prohibition of flat response fee for motor vehicle accident.
29          (1) As used in this section, "contractor" means a person who contracts with the
30     Department of Transportation, the Utah Highway Patrol Division, or a local government entity.
31          [(1)] (2) The Department of Transportation [or], the Utah Highway Patrol Division, a
32     local government entity, or a [person who contracts with the Department of Transportation or
33     the Utah Highway Patrol Division to provide emergency services] contractor:
34          (a) may not impose a flat fee, or collect a flat fee, from an individual involved in a
35     motor vehicle accident; and
36          (b) may only charge the individual for the actual cost of services provided in
37     responding to the motor vehicle accident, limited to:
38          (i) medical costs for[: (A)] transporting an individual from the scene of a motor vehicle
39     accident[; or (B) treatment of] or treating a person injured in a motor vehicle accident;
40          (ii) repair to damaged public property, if the individual is legally liable for the damage;
41          (iii) the cost of materials used in cleaning up the motor vehicle accident, if the
42     individual is legally liable for the motor vehicle accident; and
43          (iv) towing costs.
44          [(2)] (3) If the Department of Transportation [or], the Utah Highway Patrol Division, a
45     local government entity, or a [person who contracts with the Department of Transportation or
46     the Utah Highway Patrol Division to provide emergency services,] contractor imposes a charge
47     on more than one individual for the actual cost of responding to a motor vehicle accident, the
48     Department of Transportation [or], the Utah Highway Patrol Division, the local government
49     entity, or the [person contracting with the Department of Transportation or the Utah Highway
50     Patrol Division] contractor shall apportion the charges so that it does not receive more for
51     responding to the motor vehicle accident than the actual response cost.
52          (4) Nothing in this section prohibits the Department of Transportation, the Utah
53     Highway Patrol Division, a local government entity, or a contractor from contracting with a
54     third party to recover costs related to damage to public property.
55          (5) If the Department of Transportation, the Utah Highway Patrol Division, a local
56     government entity, or a contractor enters into a contract with a third party to recover costs
57     related to damage to public property, the Department of Transportation, the Utah Highway
58     Patrol Division, a local government entity, or a contractor may only pay the third party out of
59     any recovery negotiated with the person who caused the damage.
60          (6) (a) The Department of Transportation, the Utah Highway Patrol Division, a local
61     government entity, or a contractor may provide estimates for the costs of paying a third party to
62     recover costs related to damage to public property or to make the necessary repairs to public
63     property.
64          (b) The estimates described in Subsection (6)(a) are non-binding.