Representative Joel Ferry proposes the following substitute bill:





Chief Sponsor: Joel Ferry

Senate Sponsor: Curtis S. Bramble


9     General Description:
10          This bill repeals sunset provisions related to funding for the Uninsured Motorist
11      Identification Database Program and amends an allocation from the Uninsured Motorist
12     Identification Restricted Account.
13     Highlighted Provisions:
14          This bill:
15          ▸     repeals sunset provisions related to funding for the Uninsured Motorist
16     Identification Database Program; and
17          ▸     increases the amount that may be appropriated from the Uninsured Motorist
18     Identification Restricted Account to the Peace Officer Standards and Training
19     Division from $500,000 to $1,000,000 annually.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:

26          41-12a-806, as last amended by Laws of Utah 2015, Chapter 109
27          63I-1-241, as last amended by Laws of Utah 2015, Chapter 109
28          63I-2-231, as last amended by Laws of Utah 2017, Chapter 292

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 41-12a-806 is amended to read:
32          41-12a-806. Restricted account -- Creation -- Funding -- Interest -- Purposes.
33          (1) There is created within the Transportation Fund a restricted account known as the
34     "Uninsured Motorist Identification Restricted Account."
35          (2) The account consists of money generated from the following revenue sources:
36          (a) money received by the state under Section 41-1a-1218, the uninsured motorist
37     identification fee;
38          (b) money received by the state under Section 41-1a-1220, the registration
39     reinstatement fee; and
40          (c) appropriations made to the account by the Legislature.
41          (3) (a) The account shall earn interest.
42          (b) All interest earned on account money shall be deposited into the account.
43          (4) The Legislature shall appropriate money from the account to:
44          (a) the department to fund the contract with the designated agent;
45          (b) the department to offset the costs to state and local law enforcement agencies of
46     using the information for the purposes authorized under this part;
47          (c) the Tax Commission to offset the costs to the Motor Vehicle Division for revoking
48     and reinstating vehicle registrations under Subsection 41-1a-110(2)(a)(ii); and
49          (d) the department to reimburse a person for the costs of towing and storing the
50     person's vehicle if:
51          (i) the person's vehicle was impounded in accordance with Subsection 41-1a-1101(2);
52          (ii) the impounded vehicle had owner's or operator's security in effect for the vehicle at
53     the time of the impoundment;
54          (iii) the database indicated that owner's or operator's security was not in effect for the
55     impounded vehicle; and
56          (iv) the department determines that the person's vehicle was wrongfully impounded.

57          (5) The Legislature may appropriate not more than [$500,000] $1,000,000 annually
58     from the account to the Peace Officer Standards and Training Division, created under Section
59     53-6-103, for use in law enforcement training, including training on the use of the Uninsured
60     Motorist Identification Database Program created under Title 41, Chapter 12a, Part 8,
61     Uninsured Motorist Identification Database Program.
62          (6) (a) By following the procedures in Title 63G, Chapter 4, Administrative Procedures
63     Act, the department shall hold a hearing to determine whether a person's vehicle was
64     wrongfully impounded under Subsection 41-1a-1101(2).
65          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
66     division shall make rules establishing procedures for a person to apply for a reimbursement
67     under Subsection (4)(d).
68          (c) A person is not eligible for a reimbursement under Subsection (4)(d) unless the
69     person applies for the reimbursement within six months from the date that the motor vehicle
70     was impounded.
71          Section 2. Section 63I-1-241 is amended to read:
72          63I-1-241. Repeal dates, Title 41.
73          [Subsection 41-12a-806(5) is repealed on July 1, 2020.]
74          Section 3. Section 63I-2-231 is amended to read:
75          63I-2-231. Repeal dates -- Title 31A.
76          [(1) Section 31A-22-315.5 is repealed July 1, 2019.]
77          [(2)] (1) Title 31A, Chapter 30, Part 2, Defined Contribution Arrangements is repealed
78     July 1, 2019.
79          [(3)] (2) Title 31A, Chapter 30, Part 3, Individual and Small Employer Risk
80     Adjustment Act is repealed July 1, 2019.
81          [(4) Title 31A, Chapter 42, Defined Contribution Risk Adjuster Act, is repealed
82     December 31, 2018.]