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H.B. 26
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IMPOUNDING AMENDMENTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Brent H. Goodfellow
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AN ACT RELATING TO MOTOR VEHICLES; PERMITTING VEHICLES OPERATED
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WITHOUT EVIDENCE OF OWNER'S OR OPERATOR'S SECURITY OR WITH FALSE
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LICENSE PLATES OR REGISTRATION TO BE SEIZED; ESTABLISHING CONDITIONS OF
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RELEASE; PROVIDING FOR REIMBURSEMENT OF CERTAIN COSTS; AND PROVIDING
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AN EFFECTIVE DATE.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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41-1a-1101, as last amended by Chapters 270 and 281, Laws of Utah 1998
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41-1a-1102, as renumbered and amended by Chapter 1, Laws of Utah 1992
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41-12a-806, as last amended by Chapter 269, Laws of Utah 1997
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
41-1a-1101
is amended to read:
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41-1a-1101. Seizure -- Circumstances where permitted -- Impound lot standards.
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(1) The division or any peace officer, without a warrant, may seize and take possession of
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any vehicle, vessel, or outboard motor:
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(a) that the division or the peace officer has reason to believe has been stolen;
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(b) on which any identification number has been defaced, altered, or obliterated;
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(c) that displays a license plate or registration document that was not issued for that
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vehicle, vessel, or outboard motor;
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[(c)] (d) that has been abandoned on [the] a public [highways] highway;
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[(d)] (e) for which the applicant has written a check for registration or title fees that has
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not been honored by the applicant's bank and that is not paid within 30 days;
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[(e)] (f) that is placed on the water with improper registration; or
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[(f)] (g) that is being operated on a highway:
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(i) with registration that has been expired for more than three months;
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(ii) having never been properly registered by the current owner; [or]
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(iii) with registration that is suspended or revoked[.]; or
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(iv) without evidence of owner's or operator's security as required under Section
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41-12a-303.2
if owner's or operator's security is required under Subsection
41-12a-301
(2)(a) or
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(2)(b)(ii).
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(2) If necessary for the transportation of a seized vessel, the vessel's trailer may be seized
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to transport and store the vessel.
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(3) Any peace officer seizing or taking possession of a vehicle, vessel, or outboard motor
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under this section shall immediately notify the division of the action.
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(4) A vehicle or vessel seized under this section shall be moved by a peace officer or by
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a tow truck that meets the standards established:
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(a) by the Department of Public Safety under Subsection
41-6-102
(4)(b); and
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(b) under Title 72, Chapter 9, Motor Carrier Safety Act.
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(5) (a) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
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commission shall make rules setting standards for public garages, impound lots, and impound
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yards that may be used by peace officers and the division.
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(b) The standards shall be equitable, reasonable, and unrestrictive as to the number of
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public garages, impound lots, or impound yards per geographical area.
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(6) (a) Except as provided under Subsection (6)(b), a person may not operate or allow to
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be operated a vehicle stored in a public garage, impound lot, or impound yard regulated under this
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part without prior written permission of the owner of the vehicle.
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(b) Incidental and necessary operation of a vehicle to move the vehicle from one parking
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space to another within the facility and that is necessary for the normal management of the facility
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is not prohibited under this Subsection (6)(a).
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(7) A person who violates the provisions of Subsection (6) is guilty of a class C
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misdemeanor.
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(8) The division or the peace officer who seizes a vehicle shall record the mileage shown
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on the vehicle's odometer at the time of seizure, if:
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(a) the vehicle is equipped with an odometer; and
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(b) the odometer reading is accessible to the division or to the peace officer.
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Section 2.
Section
41-1a-1102
is amended to read:
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41-1a-1102. Storage -- Establishing conditions of release.
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(1) The division may store a seized vehicle, vessel, or outboard motor in a public or private
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garage, state impound lot, or other approved storage facility until:
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(a) the vehicle's, vessel's, or outboard motor's registration has been properly completed and
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the appropriate fees have been paid [or until];
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(b) the ownership of the vehicle, vessel, or outboard motor is established to the satisfaction
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of the division[.]; or
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(c) if the vehicle is seized under Subsection
41-1a-1101
(1)(g)(iv):
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(i) evidence of owner's or operator's security in a form described under Section
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41-12a-303.2
is presented to the division; and
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(ii) a $5 administrative impound fee is paid to the division.
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(2) If the identification number has been defaced, altered, or obliterated, the vehicle,
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vessel, or outboard motor may not be released until the identification number has been replaced
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or until a new number assigned by the division has been provided and has been affixed to the
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vehicle, vessel, or outboard motor.
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(3) The Driver License Division of the Department of Public Safety shall provide a
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reimbursement of all vehicle towing and storage fees and of the administrative impound fees
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required under Subsection (1)(c) from the Uninsured Motorist Identification Restricted Account
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to a person whose vehicle was seized under Subsection 41-1a-1101(1)(g)(iv) if:
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(a) the person had owner's or operator's security in effect for the vehicle the person was
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operating at the time of seizure;
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(b) information from the Uninsured Motorist Identification Database Program created
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under Title 41, Chapter 12a, Part 8, incorrectly identified the vehicle as being uninsured at the time
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of seizure; and
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(c) the person applies to the Driver License Division of the Department of Public Safety
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and provides evidence of the costs eligible for reimbursement under this Subsection (3).
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Section 3.
Section
41-12a-806
is amended to read:
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41-12a-806. Restricted Account -- Creation -- Funding -- Interest -- Purposes.
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(1) There is created within the Transportation Fund a restricted account known as the
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"Uninsured Motorist Identification Restricted Account."
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(2) The account consists of monies generated from the following revenue sources:
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(a) monies received by the state under Section
41-1a-1218
, the uninsured motorist
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identification fee; and
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(b) appropriations made to the account by the Legislature.
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(3) (a) The account shall earn interest.
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(b) All interest earned on account monies shall be deposited into the account.
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(4) Monies shall be appropriated from the account by the Legislature to the department to:
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(a) fund the contract with the designated agent; [and]
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(b) offset the costs to state and local law enforcement agencies of using the information
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for the purposes authorized under this part[.]; and
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(c) reimburse a person's fees as required under Subsection
41-1a-1102
(3).
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Section 4. Effective date.
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This act takes effect on July 1, 2000.
Legislative Review Note
as of 12-8-99 1:18 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.