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7 LONG TITLE
8 Committee Note:
9 The Transportation Interim Committee recommended this bill.
10 General Description:
11 This bill modifies provisions relating to DUI impound fee refunds.
12 Highlighted Provisions:
13 This bill:
14 ▸ modifies the time frame for submission of documents for DUI impound fee refunds.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 41-6a-1406, as last amended by Laws of Utah 2016, Chapters 100 and 148
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23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 41-6a-1406 is amended to read:
25 41-6a-1406. Removal and impoundment of vehicles -- Reporting and notification
26 requirements -- Administrative impound fee -- Refunds -- Possessory lien -- Rulemaking.
27 (1) If a vehicle, vessel, or outboard motor is removed or impounded as provided under
28 Section 41-1a-1101, 41-6a-527, 41-6a-1405, 41-6a-1408, or 73-18-20.1 by an order of a peace
29 officer or by an order of a person acting on behalf of a law enforcement agency or highway
30 authority, the removal or impoundment of the vehicle, vessel, or outboard motor shall be at the
31 expense of the owner.
32 (2) The vehicle, vessel, or outboard motor under Subsection (1) shall be removed or
33 impounded to:
34 (a) a state impound yard; or
35 (b) if none, a garage, docking area, or other place of safety.
36 (3) The peace officer may move a vehicle, vessel, or outboard motor or cause it to be
37 removed by a tow truck motor carrier that meets standards established:
38 (a) under Title 72, Chapter 9, Motor Carrier Safety Act; and
39 (b) by the department under Subsection (10).
40 (4) (a) Immediately after the removal of the vehicle, vessel, or outboard motor, a report
41 of the removal shall be sent to the Motor Vehicle Division by:
42 (i) the peace officer or agency by whom the peace officer is employed; and
43 (ii) the tow truck operator or the tow truck motor carrier by whom the tow truck
44 operator is employed.
45 (b) The report shall be in a form specified by the Motor Vehicle Division and shall
46 include:
47 (i) the operator's name, if known;
48 (ii) a description of the vehicle, vessel, or outboard motor;
49 (iii) the vehicle identification number or vessel or outboard motor identification
50 number;
51 (iv) the license number, temporary permit number, or other identification number
52 issued by a state agency;
53 (v) the date, time, and place of impoundment;
54 (vi) the reason for removal or impoundment;
55 (vii) the name of the tow truck motor carrier who removed the vehicle, vessel, or
56 outboard motor; and
57 (viii) the place where the vehicle, vessel, or outboard motor is stored.
58 (c) Until the tow truck operator or tow truck motor carrier reports the removal as
59 required under this Subsection (4), a tow truck motor carrier or impound yard may not:
60 (i) collect any fee associated with the removal; and
61 (ii) begin charging storage fees.
62 (5) (a) Except as provided in Subsection (5)(e) and upon receipt of the report, the
63 Motor Vehicle Division shall give notice, in the manner described in Section 41-1a-114, to the
64 following parties with an interest in the vehicle, vessel, or outboard motor, as applicable:
65 (i) the registered owner;
66 (ii) any lien holder; or
67 (iii) a dealer, as defined in Section 41-1a-102, if the vehicle, vessel, or outboard motor
68 is currently operating under a temporary permit issued by the dealer, as described in Section
69 41-3-302.
70 (b) The notice shall:
71 (i) state the date, time, and place of removal, the name, if applicable, of the person
72 operating the vehicle, vessel, or outboard motor at the time of removal, the reason for removal,
73 and the place where the vehicle, vessel, or outboard motor is stored;
74 (ii) state that the registered owner is responsible for payment of towing, impound, and
75 storage fees charged against the vehicle, vessel, or outboard motor;
76 (iii) state the conditions that must be satisfied before the vehicle, vessel, or outboard
77 motor is released; and
78 (iv) inform the parties described in Subsection (5)(a) of the division's intent to sell the
79 vehicle, vessel, or outboard motor, if, within 30 days after the day of the removal or
80 impoundment under this section, one of the parties fails to make a claim for release of the
81 vehicle, vessel, or outboard motor.
82 (c) Except as provided in Subsection (5)(e) and if the vehicle, vessel, or outboard
83 motor is not registered in this state, the Motor Vehicle Division shall make a reasonable effort
84 to notify the parties described in Subsection (5)(a) of the removal and the place where the
85 vehicle, vessel, or outboard motor is stored.
86 (d) The Motor Vehicle Division shall forward a copy of the notice to the place where
87 the vehicle, vessel, or outboard motor is stored.
88 (e) The Motor Vehicle Division is not required to give notice under this Subsection (5)
89 if a report was received by a tow truck operator or tow truck motor carrier reporting a tow truck
90 service in accordance with Subsection 72-9-603(1)(a)(i).
91 (6) (a) The vehicle, vessel, or outboard motor shall be released after a party described
92 in Subsection (5)(a):
93 (i) makes a claim for release of the vehicle, vessel, or outboard motor at any office of
94 the State Tax Commission;
95 (ii) presents identification sufficient to prove ownership of the impounded vehicle,
96 vessel, or outboard motor;
97 (iii) completes the registration, if needed, and pays the appropriate fees;
98 (iv) if the impoundment was made under Section 41-6a-527, pays an administrative
99 impound fee of $400; and
100 (v) pays all towing and storage fees to the place where the vehicle, vessel, or outboard
101 motor is stored.
102 (b) (i) Twenty-nine dollars of the administrative impound fee assessed under
103 Subsection (6)(a)(iv) shall be dedicated credits to the Motor Vehicle Division;
104 (ii) $147 of the administrative impound fee assessed under Subsection (6)(a)(iv) shall
105 be deposited in the Department of Public Safety Restricted Account created in Section
106 53-3-106;
107 (iii) $20 of the administrative impound fee assessed under Subsection (6)(a)(iv) shall
108 be deposited in the Traumatic Spinal Cord and Brain Injury Rehabilitation Fund; and
109 (iv) the remainder of the administrative impound fee assessed under Subsection
110 (6)(a)(iv) shall be deposited in the General Fund.
111 (c) The administrative impound fee assessed under Subsection (6)(a)(iv) shall be
112 waived or refunded by the State Tax Commission if the registered owner, lien holder, or
113 owner's agent presents written evidence to the State Tax Commission that:
114 (i) the Driver License Division determined that the arrested person's driver license
115 should not be suspended or revoked under Section 53-3-223 or 41-6a-521 as shown by a letter
116 or other report from the Driver License Division presented within [
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118 notification; or
119 (ii) the vehicle was stolen at the time of the impoundment as shown by a copy of the
120 stolen vehicle report presented within [
121 (d) A tow truck operator, a tow truck motor carrier, and an impound yard shall accept
122 payment by cash and debit or credit card for a removal or impoundment under Subsection (1)
123 or any service rendered, performed, or supplied in connection with a removal or impoundment
124 under Subsection (1).
125 (e) The owner of an impounded vehicle may not be charged a fee for the storage of the
126 impounded vehicle, vessel, or outboard motor if:
127 (i) the vehicle, vessel, or outboard motor is being held as evidence; and
128 (ii) the vehicle, vessel, or outboard motor is not being released to a party described in
129 Subsection 5(a), even if the party satisfies the requirements to release the vehicle, vessel, or
130 outboard motor under this Subsection (6).
131 (7) (a) An impounded vehicle, vessel, or outboard motor not claimed by a party
132 described in Subsection (5)(a) within the time prescribed by Section 41-1a-1103 shall be sold
133 in accordance with that section and the proceeds, if any, shall be disposed of as provided under
134 Section 41-1a-1104.
135 (b) The date of impoundment is considered the date of seizure for computing the time
136 period provided under Section 41-1a-1103.
137 (8) A party described in Subsection (5)(a) that pays all fees and charges incurred in the
138 impoundment of the owner's vehicle, vessel, or outboard motor has a cause of action for all the
139 fees and charges, together with damages, court costs, and attorney fees, against the operator of
140 the vehicle, vessel, or outboard motor whose actions caused the removal or impoundment.
141 (9) Towing, impound fees, and storage fees are a possessory lien on the vehicle, vessel,
142 or outboard motor.
143 (10) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
144 the department shall make rules setting the performance standards for towing companies to be
145 used by the department.
146 (11) (a) The Motor Vehicle Division may specify that a report required under
147 Subsection (4) be submitted in electronic form utilizing a database for submission, storage, and
148 retrieval of the information.
149 (b) (i) Unless otherwise provided by statute, the Motor Vehicle Division or the
150 administrator of the database may adopt a schedule of fees assessed for utilizing the database.
151 (ii) The fees under this Subsection (11)(b) shall:
152 (A) be reasonable and fair; and
153 (B) reflect the cost of administering the database.
Legislative Review Note
Office of Legislative Research and General Counsel