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S.B. 5
This document includes Senate 2nd Reading Floor Amendments incorporated into the bill
on Mon, Jan 17, 2005 at 4:52 PM by rday. -->
This document includes House Floor Amendments incorporated into the bill on Tue, Jan
25, 2005 at 11:47 AM by ddonat. -->
1
TRAFFIC CODE RECODIFICATION AND
2
REVISIONS
3
2005 GENERAL SESSION
4
STATE OF UTAH
5
Sponsor: Sheldon L. Killpack
6
7
LONG TITLE
8
General Description:
9
This bill recodifies the Traffic Code.
10
Highlighted Provisions:
11
This bill:
12
. updates statutory language to conform to current legislative styles;
13
. renumbers sections and organizes parts; and
14
. makes technical changes.
15
Monies Appropriated in this Bill:
16
None
17
Other Special Clauses:
18
This bill provides an immediate effective date.
19
Utah Code Sections Affected:
20
AMENDS:
21
7-24-102, as enacted by Chapter 236, Laws of Utah 2003
22
13-20-2, as last amended by Chapter 12, Laws of Utah 2004
23
13-35-102, as last amended by Chapter 123, Laws of Utah 2004
24
17-43-201, as last amended by Chapters 80 and 228, Laws of Utah 2004
25
19-2-105, as renumbered and amended by Chapter 112, Laws of Utah 1991
26
19-2-105.3, as last amended by Chapter 28, Laws of Utah 1995
27
23-13-17, as enacted by Chapter 307, Laws of Utah 1993
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28
26-1-30, as last amended by Chapter 284, Laws of Utah 2004
29
32A-1-115, as last amended by Chapter 307, Laws of Utah 2003
30
39-6-93, as enacted by Chapter 210, Laws of Utah 1988
31
41-1a-202, as last amended by Chapter 158, Laws of Utah 2003
32
41-1a-203, as last amended by Chapter 238, Laws of Utah 1998
33
41-1a-205, as last amended by Chapter 100, Laws of Utah 2002
34
41-1a-217, as last amended by Chapter 95, Laws of Utah 2004
35
41-1a-407, as last amended by Chapter 58, Laws of Utah 2003
36
41-1a-1101, as last amended by Chapter 202, Laws of Utah 2001
37
41-1a-1206, as last amended by Chapter 244, Laws of Utah 2000
38
41-3-303, as last amended by Chapter 234, Laws of Utah 1993
39
41-12a-202, as last amended by Chapter 335, Laws of Utah 2000
40
41-12a-301, as last amended by Chapter 165, Laws of Utah 2002
41
41-12a-501, as last amended by Chapter 282, Laws of Utah 1998
42
41-12a-502, as last amended by Chapter 20, Laws of Utah 1995
43
41-22-2, as last amended by Chapter 148, Laws of Utah 2002
44
41-22-10.2, as last amended by Chapter 138, Laws of Utah 1987
45
41-22-10.6, as enacted by Chapter 162, Laws of Utah 1987
46
41-22-16, as last amended by Chapter 282, Laws of Utah 1998
47
41-22-32, as last amended by Chapter 349, Laws of Utah 2004
48
53-1-106, as last amended by Chapter 131, Laws of Utah 2003
49
53-1-108, as last amended by Chapter 219, Laws of Utah 2002
50
53-1-109, as last amended by Chapters 282 and 285, Laws of Utah 1998
51
53-3-104, as last amended by Chapter 85, Laws of Utah 2001
52
53-3-105, as last amended by Chapter 85, Laws of Utah 2001
53
53-3-106, as last amended by Chapter 202, Laws of Utah 2001
54
53-3-202, as last amended by Chapter 51, Laws of Utah 1997
55
53-3-214, as renumbered and amended by Chapter 234, Laws of Utah 1993
56
53-3-218, as last amended by Chapters 131 and 156, Laws of Utah 2003
57
53-3-220, as last amended by Chapters 161 and 205, Laws of Utah 2004
58
53-3-222, as last amended by Chapter 155, Laws of Utah 1995
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59
53-3-223, as last amended by Chapter 161, Laws of Utah 2004
60
53-3-223.5, as enacted by Chapter 298, Laws of Utah 2000
61
53-3-226, as last amended by Chapter 216, Laws of Utah 1999
62
53-3-227, as last amended by Chapter 205, Laws of Utah 2004
63
53-3-231, as last amended by Chapter 161, Laws of Utah 2004
64
53-3-232, as last amended by Chapter 161, Laws of Utah 2004
65
53-3-414, as last amended by Chapter 39, Laws of Utah 2001
66
53-3-418, as last amended by Chapter 161, Laws of Utah 2004
67
53-8-105, as last amended by Chapter 245, Laws of Utah 1995
68
53-8-202, as last amended by Chapter 242, Laws of Utah 1996
69
53-8-213, as last amended by Chapter 131, Laws of Utah 2003
70
53A-3-402, as last amended by Chapter 315, Laws of Utah 2003
71
53B-3-106, as enacted by Chapter 167, Laws of Utah 1987
72
58-20a-305, as last amended by Chapter 82, Laws of Utah 1997
73
58-67-305, as last amended by Chapter 85, Laws of Utah 2000
74
58-68-305, as last amended by Chapter 85, Laws of Utah 2000
75
58-71-305, as enacted by Chapter 282, Laws of Utah 1996
76
62A-15-105, as last amended by Chapter 228, Laws of Utah 2004
77
62A-15-502, as renumbered and amended by Chapter 8, Laws of Utah 2002, Fifth
78
Special Session
79
63-2-304, as last amended by Chapters 223, 299 and 358, Laws of Utah 2004
80
63-30d-301, as enacted by Chapter 267, Laws of Utah 2004
81
63-55-241, as last amended by Chapter 90, Laws of Utah 2004
82
63-63a-1, as last amended by Chapter 156, Laws of Utah 2003
83
72-6-109, as last amended by Chapter 259, Laws of Utah 2003
84
72-6-114, as renumbered and amended by Chapter 270, Laws of Utah 1998
85
72-7-107, as enacted by Chapter 88, Laws of Utah 1998
86
72-7-401, as last amended by Chapter 154, Laws of Utah 2002
87
72-7-403, as renumbered and amended by Chapter 270, Laws of Utah 1998
88
72-7-407, as renumbered and amended by Chapter 270, Laws of Utah 1998
89
72-9-501, as last amended by Chapter 185, Laws of Utah 2002
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90
72-9-601, as last amended by Chapter 202, Laws of Utah 2001
91
72-9-602, as last amended by Chapter 202, Laws of Utah 2001
92
72-9-603, as last amended by Chapter 222, Laws of Utah 2003
93
72-10-501, as last amended by Chapter 106, Laws of Utah 2002
94
72-10-502, as last amended by Chapter 205, Laws of Utah 2004
95
72-12-110, as renumbered and amended by Chapter 270, Laws of Utah 1998
96
73-18-13, as last amended by Chapter 335, Laws of Utah 2000
97
73-18-15.5, as enacted by Chapter 200, Laws of Utah 2002
98
73-18-20, as last amended by Chapter 282, Laws of Utah 1998
99
73-18-20.1, as last amended by Chapter 202, Laws of Utah 2001
100
73-18a-15, as last amended by Chapter 99, Laws of Utah 1987
101
76-2-101, as last amended by Chapters 90 and 98, Laws of Utah 1983
102
76-5-207, as last amended by Chapter 228, Laws of Utah 2004
103
76-10-504, as last amended by Chapter 303, Laws of Utah 2000
104
76-10-528, as last amended by Chapter 205, Laws of Utah 2004
105
76-10-1506, as last amended by Chapter 268, Laws of Utah 2004
106
77-2-4.2, as enacted by Chapter 203, Laws of Utah 2004
107
77-2a-3.1, as enacted by Chapter 228, Laws of Utah 2004
108
77-7-18, as last amended by Chapter 270, Laws of Utah 1998
109
77-18-12, as last amended by Chapter 228, Laws of Utah 2004
110
78-3a-104, as last amended by Chapter 201, Laws of Utah 2004
111
78-18-1, as last amended by Chapter 164, Laws of Utah 2004
112
78-57-102, as last amended by Chapter 218, Laws of Utah 2004
113
ENACTS:
114
41-6a-501, Utah Code Annotated 1953
115
41-6a-503, Utah Code Annotated 1953
116
41-6a-504, Utah Code Annotated 1953
117
41-6a-505, Utah Code Annotated 1953
118
41-6a-506, Utah Code Annotated 1953
119
41-6a-507, Utah Code Annotated 1953
120
41-6a-508, Utah Code Annotated 1953
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121
41-6a-509, Utah Code Annotated 1953
122
41-6a-512, Utah Code Annotated 1953
123
41-6a-521, Utah Code Annotated 1953
124
41-6a-522, Utah Code Annotated 1953
125
41-6a-523, Utah Code Annotated 1953
126
41-6a-524, Utah Code Annotated 1953
127
41-6a-1116, Utah Code Annotated 1953
128
RENUMBERS AND AMENDS:
129
41-6a-101, (Renumbered from 41-6-175, Utah Code Annotated 1953)
130
41-6a-102, (Renumbered from 41-6-1, as last amended by Chapters 34 and 165, Laws
131
of Utah 2002)
132
41-6a-201, (Renumbered from 41-6-11, as last amended by Chapter 138, Laws of Utah
133
1987)
134
41-6a-202, (Renumbered from 41-6-12, as last amended by Chapter 60, Laws of Utah
135
1993)
136
41-6a-203, (Renumbered from 41-6-164.5, as enacted by Chapter 242, Laws of Utah
137
1979)
138
41-6a-204, (Renumbered from 41-6-165, Utah Code Annotated 1953)
139
41-6a-205, (Renumbered from 41-6-165.5, as enacted by Chapter 242, Laws of Utah
140
1979)
141
41-6a-206, (Renumbered from 41-6-175.5, as enacted by Chapter 207, Laws of Utah
142
1975)
143
41-6a-207, (Renumbered from 41-6-16, as last amended by Chapter 138, Laws of Utah
144
1987)
145
41-6a-208, (Renumbered from 41-6-17, as last amended by Chapter 85, Laws of Utah
146
2001)
147
41-6a-209, (Renumbered from 41-6-13, as last amended by Chapter 317, Laws of Utah
148
1998)
149
41-6a-210, (Renumbered from 41-6-13.5, as last amended by Chapter 134, Laws of
150
Utah 2003)
151
41-6a-211, (Renumbered from 41-6-13.7, as last amended by Chapter 185, Laws of
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152
Utah 2002)
153
41-6a-212, (Renumbered from 41-6-14, as last amended by Chapter 168, Laws of Utah
154
2004)
155
41-6a-213, (Renumbered from 41-6-15, as last amended by Chapter 138, Laws of Utah
156
1987)
157
41-6a-214, (Renumbered from 41-6-17.5, as last amended by Chapter 350, Laws of
158
Utah 1999)
159
41-6a-215, (Renumbered from 41-6-18, as last amended by Chapter 33, Laws of Utah
160
1988)
161
41-6a-216, (Renumbered from 41-6-19, as last amended by Chapter 138, Laws of Utah
162
1987)
163
41-6a-217, (Renumbered from 41-6-19.5, as last amended by Chapter 98, Laws of Utah
164
1999)
165
41-6a-301, (Renumbered from 41-6-20, as last amended by Chapter 174, Laws of Utah
166
2004)
167
41-6a-302, (Renumbered from 41-6-21, as last amended by Chapter 138, Laws of Utah
168
1987)
169
41-6a-303, (Renumbered from 41-6-20.1, as last amended by Chapters 66 and 120,
170
Laws of Utah 1994)
171
41-6a-304, (Renumbered from 41-6-23, as last amended by Chapter 138, Laws of Utah
172
1987)
173
41-6a-305, (Renumbered from 41-6-24, as last amended by Chapter 174, Laws of Utah
174
2004)
175
41-6a-306, (Renumbered from 41-6-25, as last amended by Chapter 174, Laws of Utah
176
2004)
177
41-6a-307, (Renumbered from 41-6-26, as last amended by Chapter 138, Laws of Utah
178
1987)
179
41-6a-308, (Renumbered from 41-6-26.5, as last amended by Chapter 138, Laws of
180
Utah 1987)
181
41-6a-309, (Renumbered from 41-6-27, as last amended by Chapter 138, Laws of Utah
182
1987)
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183
41-6a-310, (Renumbered from 41-6-1.5, as last amended by Chapter 138, Laws of Utah
184
1987)
185
41-6a-311, (Renumbered from 41-6-28, as last amended by Chapter 57, Laws of Utah
186
2004)
187
41-6a-401, (Renumbered from 41-6-31, as last amended by Chapter 85, Laws of Utah
188
2001)
189
41-6a-402, (Renumbered from 41-6-35, as last amended by Chapter 85, Laws of Utah
190
2001)
191
41-6a-403, (Renumbered from 41-6-35.5, as last amended by Chapter 85, Laws of Utah
192
2001)
193
41-6a-404, (Renumbered from 41-6-40, as last amended by Chapters 19 and 244, Laws
194
of Utah 2003)
195
41-6a-405, (Renumbered from 41-6-39, as last amended by Chapter 85, Laws of Utah
196
2001)
197
41-6a-406, (Renumbered from 41-6-41, as last amended by Chapter 138, Laws of Utah
198
1987)
199
41-6a-407, (Renumbered from 41-6-38, as last amended by Chapter 138, Laws of Utah
200
1987)
201
41-6a-408, (Renumbered from 41-6-38.5, as last amended by Chapter 138, Laws of
202
Utah 1987)
203
41-6a-502, (Renumbered from 41-6-44, as last amended by Chapters 161, 205 and 228,
204
Laws of Utah 2004)
205
41-6a-510, (Renumbered from 41-6-43, as last amended by Chapter 138, Laws of Utah
206
1987)
207
41-6a-511, (Renumbered from 41-6-43.7, as last amended by Chapter 3, Laws of Utah
208
2002, Fifth Special Session)
209
41-6a-513, (Renumbered from 41-6-43.8, as last amended by Chapter 228, Laws of
210
Utah 2004)
211
41-6a-514, (Renumbered from 41-6-44.1, as enacted by Chapter 161, Laws of Utah
212
1987)
213
41-6a-515, (Renumbered from 41-6-44.3, as last amended by Chapter 205, Laws of
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214
Utah 2004)
215
41-6a-516, (Renumbered from 41-6-44.5, as last amended by Chapter 106, Laws of
216
Utah 2002)
217
41-6a-517, (Renumbered from 41-6-44.6, as last amended by Chapter 8, Laws of Utah
218
2002)
219
41-6a-518, (Renumbered from 41-6-44.7, as last amended by Chapters 50 and 289,
220
Laws of Utah 2001)
221
41-6a-519, (Renumbered from 41-6-44.8, as last amended by Chapters 47 and 71, Laws
222
of Utah 1996)
223
41-6a-520, (Renumbered from 41-6-44.10, as last amended by Chapters 161 and 205,
224
Laws of Utah 2004)
225
41-6a-525, (Renumbered from 41-6-44.12, as last amended by Chapter 205, Laws of
226
Utah 2004)
227
41-6a-526, (Renumbered from 41-6-44.20, as last amended by Chapter 268, Laws of
228
Utah 2004)
229
41-6a-527, (Renumbered from 41-6-44.30, as last amended by Chapter 200, Laws of
230
Utah 2002)
231
41-6a-528, (Renumbered from 41-6-45, as last amended by Chapter 25, Laws of Utah
232
2000)
233
41-6a-601, (Renumbered from 41-6-46, as last amended by Chapter 49, Laws of Utah
234
1996)
235
41-6a-602, (Renumbered from 41-6-47, as last amended by Chapter 49, Laws of Utah
236
1996)
237
41-6a-603, (Renumbered from 41-6-48, as last amended by Chapter 270, Laws of Utah
238
1998)
239
41-6a-604, (Renumbered from 41-6-48.5, as last amended by Chapter 94, Laws of Utah
240
1998)
241
41-6a-605, (Renumbered from 41-6-49, as last amended by Chapter 138, Laws of Utah
242
1987)
243
41-6a-606, (Renumbered from 41-6-51, as last amended by Chapter 138, Laws of Utah
244
1987)
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245
41-6a-607, (Renumbered from 41-6-52, as last amended by Chapter 138, Laws of Utah
246
1987)
247
41-6a-608, (Renumbered from 41-6-52.5, as last amended by Chapter 343, Laws of
248
Utah 1996)
249
41-6a-609, (Renumbered from 41-6-52.7, as enacted by Chapter 223, Laws of Utah
250
1998)
251
41-6a-701, (Renumbered from 41-6-53, as last amended by Chapter 138, Laws of Utah
252
1987)
253
41-6a-702, (Renumbered from 41-6-53.5, as last amended by Chapter 74, Laws of Utah
254
2002)
255
41-6a-703, (Renumbered from 41-6-54, as last amended by Chapter 138, Laws of Utah
256
1987)
257
41-6a-704, (Renumbered from 41-6-55, as last amended by Chapter 74, Laws of Utah
258
2002)
259
41-6a-705, (Renumbered from 41-6-56, as last amended by Chapter 138, Laws of Utah
260
1987)
261
41-6a-706, (Renumbered from 41-6-57, as last amended by Chapter 138, Laws of Utah
262
1987)
263
41-6a-707, (Renumbered from 41-6-58, as last amended by Chapter 138, Laws of Utah
264
1987)
265
41-6a-708, (Renumbered from 41-6-59, as last amended by Chapter 138, Laws of Utah
266
1987)
267
41-6a-709, (Renumbered from 41-6-60, as last amended by Chapter 138, Laws of Utah
268
1987)
269
41-6a-710, (Renumbered from 41-6-61, as last amended by Chapter 174, Laws of Utah
270
2004)
271
41-6a-711, (Renumbered from 41-6-62, as last amended by Chapter 16, Laws of Utah
272
2000)
273
41-6a-712, (Renumbered from 41-6-63.10, as last amended by Chapters 135 and 138,
274
Laws of Utah 1987)
275
41-6a-713, (Renumbered from 41-6-63.30, as last amended by Chapter 174, Laws of
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276
Utah 2004)
277
41-6a-714, (Renumbered from 41-6-64, as last amended by Chapter 138, Laws of Utah
278
1987)
279
41-6a-715, (Renumbered from 41-6-65, as last amended by Chapter 138, Laws of Utah
280
1987)
281
41-6a-801, (Renumbered from 41-6-66, as last amended by Chapter 174, Laws of Utah
282
2004)
283
41-6a-802, (Renumbered from 41-6-67, as last amended by Chapter 174, Laws of Utah
284
2004)
285
41-6a-803, (Renumbered from 41-6-68, as last amended by Chapter 138, Laws of Utah
286
1987)
287
41-6a-804, (Renumbered from 41-6-69, as last amended by Chapter 138, Laws of Utah
288
1987)
289
41-6a-901, (Renumbered from 41-6-72, as last amended by Chapter 31, Laws of Utah
290
1990)
291
41-6a-902, (Renumbered from 41-6-72.10, as last amended by Chapter 138, Laws of
292
Utah 1987)
293
41-6a-903, (Renumbered from 41-6-73, as last amended by Chapter 138, Laws of Utah
294
1987)
295
41-6a-904, (Renumbered from 41-6-76, as last amended by Chapter 45, Laws of Utah
296
2002)
297
41-6a-905, (Renumbered from 41-6-76.10, as last amended by Chapter 138, Laws of
298
Utah 1987)
299
41-6a-906, (Renumbered from 41-6-99, as enacted by Chapter 242, Laws of Utah 1979)
300
41-6a-1001, (Renumbered from 41-6-77, as last amended by Chapter 138, Laws of
301
Utah 1987)
302
41-6a-1002, (Renumbered from 41-6-78, as last amended by Chapter 91, Laws of Utah
303
1992)
304
41-6a-1003, (Renumbered from 41-6-79, as last amended by Chapter 138, Laws of
305
Utah 1987)
306
41-6a-1004, (Renumbered from 41-6-79.10, as last amended by Chapter 138, Laws of
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307
Utah 1987)
308
41-6a-1005, (Renumbered from 41-6-79.20, as last amended by Chapter 138, Laws of
309
Utah 1987)
310
41-6a-1006, (Renumbered from 41-6-80, as last amended by Chapter 138, Laws of
311
Utah 1987)
312
41-6a-1007, (Renumbered from 41-6-80.1, as last amended by Chapter 138, Laws of
313
Utah 1987)
314
41-6a-1008, (Renumbered from 41-6-80.5, as last amended by Chapter 138, Laws of
315
Utah 1987)
316
41-6a-1009, (Renumbered from 41-6-82, as last amended by Chapter 138, Laws of
317
Utah 1987)
318
41-6a-1010, (Renumbered from 41-6-82.10, as last amended by Chapter 138, Laws of
319
Utah 1987)
320
41-6a-1011, (Renumbered from 41-6-82.50, as enacted by Chapter 98, Laws of Utah
321
1987)
322
41-6a-1101, (Renumbered from 41-6-83, as last amended by Chapter 138, Laws of
323
Utah 1987)
324
41-6a-1102, (Renumbered from 41-6-84, as last amended by Chapter 59, Laws of Utah
325
1997)
326
41-6a-1103, (Renumbered from 41-6-85, as last amended by Chapter 138, Laws of
327
Utah 1987)
328
41-6a-1104, (Renumbered from 41-6-86, as last amended by Chapter 138, Laws of
329
Utah 1987)
330
41-6a-1105, (Renumbered from 41-6-87, as last amended by Chapter 44, Laws of Utah
331
2001)
332
41-6a-1106, (Renumbered from 41-6-87.3, as last amended by Chapter 44, Laws of
333
Utah 2001)
334
41-6a-1107, (Renumbered from 41-6-87.4, as last amended by Chapter 138, Laws of
335
Utah 1987)
336
41-6a-1108, (Renumbered from 41-6-87.5, as last amended by Chapter 138, Laws of
337
Utah 1987)
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338
41-6a-1109, (Renumbered from 41-6-87.7, as last amended by Chapter 44, Laws of
339
Utah 2001)
340
41-6a-1110, (Renumbered from 41-6-87.8, as last amended by Chapter 138, Laws of
341
Utah 1987)
342
41-6a-1111, (Renumbered from 41-6-87.9, as last amended by Chapter 138, Laws of
343
Utah 1987)
344
41-6a-1112, (Renumbered from 41-6-88, as last amended by Chapter 138, Laws of
345
Utah 1987)
346
41-6a-1113, (Renumbered from 41-6-89, as last amended by Chapter 138, Laws of
347
Utah 1987)
348
41-6a-1114, (Renumbered from 41-6-90, as last amended by Chapter 44, Laws of Utah
349
2001)
350
41-6a-1115, (Renumbered from 41-6-90.5, as last amended by Chapter 165, Laws of
351
Utah 2002)
352
41-6a-1201, (Renumbered from 41-6-93, Utah Code Annotated 1953)
353
41-6a-1202, (Renumbered from 41-6-94, Utah Code Annotated 1953)
354
41-6a-1203, (Renumbered from 41-6-95, as last amended by Chapter 37, Laws of Utah
355
1997)
356
41-6a-1204, (Renumbered from 41-6-95.5, as enacted by Chapter 33, Laws of Utah
357
1978)
358
41-6a-1205, (Renumbered from 41-6-97, as last amended by Chapter 39, Laws of Utah
359
2001)
360
41-6a-1206, (Renumbered from 41-6-98, as last amended by Chapter 39, Laws of Utah
361
2001)
362
41-6a-1301, (Renumbered from 41-6-140.10, as enacted by Chapter 242, Laws of Utah
363
1979)
364
41-6a-1302, (Renumbered from 41-6-100.10, as last amended by Chapter 29, Laws of
365
Utah 2000)
366
41-6a-1303, (Renumbered from 41-6-100.15, as last amended by Chapter 85, Laws of
367
Utah 2001)
368
41-6a-1304, (Renumbered from 41-6-115, as enacted by Chapter 242, Laws of Utah
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369
1979)
370
41-6a-1305, (Renumbered from 41-6-116, as last amended by Chapter 242, Laws of
371
Utah 1979)
372
41-6a-1306, (Renumbered from 41-6-116.1, as enacted by Chapter 334, Laws of Utah
373
1996)
374
41-6a-1307, (Renumbered from 41-6-103.5, as last amended by Chapter 41, Laws of
375
Utah 2003)
376
41-6a-1401, (Renumbered from 41-6-103, as last amended by Chapters 235 and 282,
377
Laws of Utah 1998)
378
41-6a-1402, (Renumbered from 41-6-104, as last amended by Chapter 33, Laws of
379
Utah 1978)
380
41-6a-1403, (Renumbered from 41-6-105, as last amended by Chapter 112, Laws of
381
Utah 1969)
382
41-6a-1404, (Renumbered from 41-6-101, as last amended by Chapter 33, Laws of
383
Utah 1978)
384
41-6a-1405, (Renumbered from 41-6-102, as last amended by Chapter 202, Laws of
385
Utah 2001)
386
41-6a-1406, (Renumbered from 41-6-102.5, as last amended by Chapter 91, Laws of
387
Utah 2003)
388
41-6a-1407, (Renumbered from 41-6-102.7, as enacted by Chapter 202, Laws of Utah
389
2001)
390
41-6a-1408, (Renumbered from 41-6-116.10, as last amended by Chapters 85 and 202,
391
Laws of Utah 2001)
392
41-6a-1501, (Renumbered from 41-6-107, as last amended by Chapter 113, Laws of
393
Utah 1969)
394
41-6a-1502, (Renumbered from 41-6-107.2, as last amended by Chapter 162, Laws of
395
Utah 1987)
396
41-6a-1503, (Renumbered from 41-6-107.4, as enacted by Chapter 113, Laws of Utah
397
1969)
398
41-6a-1504, (Renumbered from 41-6-107.6, as enacted by Chapter 113, Laws of Utah
399
1969)
Text Box
- 14 -
400
41-6a-1505, (Renumbered from 41-6-107.8, as last amended by Chapter 165, Laws of
401
Utah 2002)
402
41-6a-1506, (Renumbered from 41-6-154.50, as enacted by Chapter 242, Laws of Utah
403
1979)
404
41-6a-1507, (Renumbered from 41-6-155.5, as enacted by Chapter 73, Laws of Utah
405
2000)
406
41-6a-1508, (Renumbered from 41-6-117.6, as enacted by Chapter 34, Laws of Utah
407
2002)
408
41-6a-1601, (Renumbered from 41-6-117, as last amended by Chapter 162, Laws of
409
Utah 1987)
410
41-6a-1602, (Renumbered from 41-6-117.5, as last amended by Chapter 282, Laws of
411
Utah 1998)
412
41-6a-1603, (Renumbered from 41-6-118, as last amended by Chapter 242, Laws of
413
Utah 1979)
414
41-6a-1604, (Renumbered from 41-6-119, as last amended by Chapter 242, Laws of
415
Utah 1979)
416
41-6a-1605, (Renumbered from 41-6-127, as enacted by Chapter 242, Laws of Utah
417
1979)
418
41-6a-1606, (Renumbered from 41-6-128, as enacted by Chapter 242, Laws of Utah
419
1979)
420
41-6a-1607, (Renumbered from 41-6-129, as enacted by Chapter 242, Laws of Utah
421
1979)
422
41-6a-1608, (Renumbered from 41-6-130, as enacted by Chapter 242, Laws of Utah
423
1979)
424
41-6a-1609, (Renumbered from 41-6-130.5, as enacted by Chapter 242, Laws of Utah
425
1979)
426
41-6a-1610, (Renumbered from 41-6-131, as enacted by Chapter 242, Laws of Utah
427
1979)
428
41-6a-1611, (Renumbered from 41-6-133, as enacted by Chapter 242, Laws of Utah
429
1979)
430
41-6a-1612, (Renumbered from 41-6-133.5, as enacted by Chapter 242, Laws of Utah
Text Box
- 15 -
431
1979)
432
41-6a-1613, (Renumbered from 41-6-135, as last amended by Chapter 50, Laws of
433
Utah 1991)
434
41-6a-1614, (Renumbered from 41-6-135.5, as enacted by Chapter 242, Laws of Utah
435
1979)
436
41-6a-1615, (Renumbered from 41-6-138, as enacted by Chapter 242, Laws of Utah
437
1979)
438
41-6a-1616, (Renumbered from 41-6-140, as last amended by Chapter 44, Laws of
439
Utah 2001)
440
41-6a-1617, (Renumbered from 41-6-140.20, as enacted by Chapter 242, Laws of Utah
441
1979)
442
41-6a-1618, (Renumbered from 41-6-141, as enacted by Chapter 242, Laws of Utah
443
1979)
444
41-6a-1619, (Renumbered from 41-6-141.5, as enacted by Chapter 242, Laws of Utah
445
1979)
446
41-6a-1620, (Renumbered from 41-6-143, as enacted by Chapter 242, Laws of Utah
447
1979)
448
41-6a-1621, (Renumbered from 41-6-143.5, as enacted by Chapter 242, Laws of Utah
449
1979)
450
41-6a-1622, (Renumbered from 41-6-144, as enacted by Chapter 242, Laws of Utah
451
1979)
452
41-6a-1623, (Renumbered from 41-6-145, as enacted by Chapter 242, Laws of Utah
453
1979)
454
41-6a-1624, (Renumbered from 41-6-145.5, as last amended by Chapter 362, Laws of
455
Utah 2004)
456
41-6a-1625, (Renumbered from 41-6-146, as enacted by Chapter 242, Laws of Utah
457
1979)
458
41-6a-1626, (Renumbered from 41-6-147, as last amended by Chapter 94, Laws of
459
Utah 1992)
460
41-6a-1627, (Renumbered from 41-6-148, as enacted by Chapter 242, Laws of Utah
461
1979)
Text Box
- 16 -
462
41-6a-1628, (Renumbered from 41-6-148.10, as enacted by Chapter 86, Laws of Utah
463
1961)
464
41-6a-1629, (Renumbered from 41-6-148.29, as last amended by Chapter 47, Laws of
465
Utah 2001)
466
41-6a-1630, (Renumbered from 41-6-148.31, as last amended by Chapter 47, Laws of
467
Utah 2001)
468
41-6a-1631, (Renumbered from 41-6-148.32, as last amended by Chapter 47, Laws of
469
Utah 2001)
470
41-6a-1632, (Renumbered from 41-6-148.33, as last amended by Chapter 47, Laws of
471
Utah 2001)
472
41-6a-1633, (Renumbered from 41-6-150.10, as last amended by Chapter 47, Laws of
473
Utah 2001)
474
41-6a-1634, (Renumbered from 41-6-148.40, as enacted by Chapter 86, Laws of Utah
475
1961)
476
41-6a-1635, (Renumbered from 41-6-149, as last amended by Chapter 25, Laws of
477
Utah 2002)
478
41-6a-1636, (Renumbered from 41-6-150, as last amended by Chapter 270, Laws of
479
Utah 1981)
480
41-6a-1637, (Renumbered from 41-6-152, as enacted by Chapter 242, Laws of Utah
481
1979)
482
41-6a-1638, (Renumbered from 41-6-153, as last amended by Chapter 282, Laws of
483
Utah 1998)
484
41-6a-1639, (Renumbered from 41-6-154, as enacted by Chapter 242, Laws of Utah
485
1979)
486
41-6a-1640, (Renumbered from 41-6-154.10, as enacted by Chapter 71, Laws of Utah
487
1955)
488
41-6a-1641, (Renumbered from 41-6-154.20, as last amended by Chapter 140, Laws of
489
Utah 1995)
490
41-6a-1642, (Renumbered from 41-6-163.6, as last amended by Chapter 143, Laws of
491
Utah 2002)
492
41-6a-1643, (Renumbered from 41-6-163.7, as last amended by Chapter 37, Laws of
Text Box
- 17 -
493
Utah 1995)
494
41-6a-1644, (Renumbered from 41-6-163.8, as last amended by Chapter 20, Laws of
495
Utah 1995)
496
41-6a-1701, (Renumbered from 41-6-106, as last amended by Chapter 207, Laws of
497
Utah 1975)
498
41-6a-1702, (Renumbered from 41-6-106.10, as last amended by Chapter 44, Laws of
499
Utah 2001)
500
41-6a-1703, (Renumbered from 41-6-108, Utah Code Annotated 1953)
501
41-6a-1704, (Renumbered from 41-6-108.10, as enacted by Chapter 207, Laws of Utah
502
1975)
503
41-6a-1705, (Renumbered from 41-6-109, as last amended by Chapter 33, Laws of
504
Utah 1978)
505
41-6a-1706, (Renumbered from 41-6-109.5, as last amended by Chapter 53, Laws of
506
Utah 1996)
507
41-6a-1707, (Renumbered from 41-6-109.10, as enacted by Chapter 207, Laws of Utah
508
1975)
509
41-6a-1708, (Renumbered from 41-6-110, as last amended by Chapter 207, Laws of
510
Utah 1975)
511
41-6a-1709, (Renumbered from 41-6-111, as last amended by Chapter 207, Laws of
512
Utah 1975)
513
41-6a-1710, (Renumbered from 41-6-112, as last amended by Chapter 207, Laws of
514
Utah 1975)
515
41-6a-1711, (Renumbered from 41-6-113, as last amended by Chapter 33, Laws of
516
Utah 1978)
517
41-6a-1712, (Renumbered from 41-6-114, as last amended by Chapters 270 and 282,
518
Laws of Utah 1998)
519
41-6a-1713, (Renumbered from 41-6-114.1, as last amended by Chapters 33 and 241,
520
Laws of Utah 1991)
521
41-6a-1714, (Renumbered from 41-6-114.2, as last amended by Chapter 242, Laws of
522
Utah 1979)
523
41-6a-1801, (Renumbered from 41-6-181, as last amended by Chapter 5, Laws of Utah
Text Box
- 18 -
524
1991)
525
41-6a-1802, (Renumbered from 41-6-181.5, as enacted by Chapter 153, Laws of Utah
526
2000)
527
41-6a-1803, (Renumbered from 41-6-182, as repealed and reenacted by Chapter 153,
528
Laws of Utah 2000)
529
41-6a-1804, (Renumbered from 41-6-183, as last amended by Chapter 153, Laws of
530
Utah 2000)
531
41-6a-1805, (Renumbered from 41-6-185, as last amended by Chapter 109, Laws of
532
Utah 2002)
533
41-6a-1806, (Renumbered from 41-6-186, as last amended by Chapter 153, Laws of
534
Utah 2000)
535
77-7-24, (Renumbered from 41-6-167, as last amended by Chapter 282, Laws of Utah
536
1998)
537
77-7-25, (Renumbered from 41-6-173, as last amended by Chapter 161, Laws of Utah
538
2004)
539
77-7-26, (Renumbered from 41-6-172, as last amended by Chapter 282, Laws of Utah
540
1998)
541
REPEALS:
542
41-6-22, as last amended by Chapter 174, Laws of Utah 2004
543
41-6-29, as last amended by Chapter 44, Laws of Utah 1999
544
41-6-30, as last amended by Chapter 44, Laws of Utah 1999
545
41-6-32, as last amended by Chapter 44, Laws of Utah 1999
546
41-6-37, as last amended by Chapter 85, Laws of Utah 2001
547
41-6-42, as last amended by Chapter 85, Laws of Utah 2001
548
41-6-43.5, as last amended by Chapter 200, Laws of Utah 2002
549
41-6-50, as last amended by Chapter 138, Laws of Utah 1987
550
41-6-70, as last amended by Chapter 138, Laws of Utah 1987
551
41-6-71, as last amended by Chapter 44, Laws of Utah 2001
552
41-6-75, as last amended by Chapter 138, Laws of Utah 1987
553
41-6-75.5, as last amended by Chapter 16, Laws of Utah 2000
554
41-6-120, as enacted by Chapter 242, Laws of Utah 1979
Text Box
- 19 -
555
41-6-121.10, as last amended by Chapter 63, Laws of Utah 1986
556
41-6-122, as enacted by Chapter 242, Laws of Utah 1979
557
41-6-132, as enacted by Chapter 242, Laws of Utah 1979
558
41-6-139, as last amended by Chapter 242, Laws of Utah 1979
559
41-6-142, as enacted by Chapter 242, Laws of Utah 1979
560
41-6-155, as last amended by Chapters 30 and 111, Laws of Utah 1992
561
41-6-166, as last amended by Chapter 30, Laws of Utah 1992
562
41-6-168, as last amended by Chapters 183 and 187, Laws of Utah 1983
563
41-6-169, as last amended by Chapter 282, Laws of Utah 1998
564
41-6-170, Utah Code Annotated 1953
565
41-6-171, Utah Code Annotated 1953
566
567
Be it enacted by the Legislature of the state of Utah:
568
Section 1.
Section
7-24-102
is amended to read:
569
7-24-102. Definitions.
570
As used in this chapter:
571
(1) "Rollover" means the extension or renewal of the term of a title loan.
572
(2) (a) "Title lender" means a person that extends a title loan.
573
(b) "Title lender" includes a person that:
574
(i) arranges a title loan on behalf of a title lender;
575
(ii) acts as an agent for a title lender; or
576
(iii) assists a title lender in the extension of a title loan.
577
(3) (a) "Title loan" means a loan secured by the title to a:
578
(i) motor vehicle, as defined in Section [
41-6-1
]
41-6a-102
;
579
(ii) mobile home, as defined in Section
[
41-6-1
]
41-6a-102
; or
580
(iii) motorboat, as defined in Section
73-18-2
.
581
(b) "Title loan" includes a title loan extended at the same premise on which any of the
582
following are sold:
583
(i) a motor vehicle, as defined in Section [
41-6-1
]
41-6a-102
;
584
(ii) a mobile home, as defined in Section [
41-6-1
]
41-6a-102
; or
585
(iii) a motorboat, as defined in Section
73-18-2
.
Text Box
- 20 -
586
(c) "Title loan" does not include:
587
(i) a purchase money loan;
588
(ii) a loan made in connection with the sale of a:
589
(A) motor vehicle, as defined in Section [
41-6-1
]
41-6a-102
;
590
(B) mobile home, as defined in Section [
41-6-1
]
41-6a-102
; or
591
(C) motorboat, as defined in Section
73-18-2
; or
592
(iii) a loan extended by an institution listed in Section
7-24-305
.
593
Section 2.
Section
13-20-2
is amended to read:
594
13-20-2. Definitions.
595
As used in this chapter:
596
(1) "Consumer" means an individual who has entered into an agreement or contract for
597
the transfer, lease, or purchase of a new motor vehicle other than for purposes of resale, or
598
sublease, during the duration of the period defined under Section
13-20-5
.
599
(2) "Manufacturer" means manufacturer, importer, distributor, or anyone who is named
600
as the warrantor on an express written warranty on a motor vehicle.
601
(3) "Motor home" means a self-propelled vehicular unit, primarily designed as a
602
temporary dwelling for travel, recreational, and vacation use.
603
(4) (a) "Motor vehicle" includes:
604
(i) a motor home, as defined in this section, but only the self-propelled vehicle and
605
chassis sold in this state;
606
(ii) a motor vehicle, as defined in Section
41-1a-102
, sold in this state; and
607
(iii) a motorcycle, as defined in Section
41-1a-102
, sold in this state if the motorcycle
608
is designed primarily for use and operation on paved highways.
609
(b) "Motor vehicle" does not include:
610
(i) those portions of a motor home designated, used, or maintained primarily as a
611
mobile dwelling, office, or commercial space;
612
(ii) farm tractor, road tractor, or truck tractor as defined in Section
41-1a-102
;
613
(iii) mobile home as defined in Section
41-1a-102
;
614
(iv) any motor vehicle with a gross laden weight of over 12,000 pounds, except a
615
motor home as defined under Subsection (3);
616
(v) a motorcycle, as defined in Section
41-1a-102
, if the motorcycle is designed
Text Box
- 21 -
617
primarily for use or operation over unimproved terrain;
618
(vi) an electric assisted bicycle as defined in Section [
41-1a-102
]
41-6a-102
;
619
(vii) a moped as defined in Section [
41-6-1
]
41-6a-102
;
620
(viii) a motor assisted scooter as defined in Section [
41-6-1
]
41-6a-102
; or
621
(ix) a motor-driven cycle as defined in Section [
41-6-1
]
41-6a-102
.
622
Section 3.
Section
13-35-102
is amended to read:
623
13-35-102. Definitions.
624
As used in this chapter:
625
(1) "Board" means the Utah Powersport Vehicle Franchise Advisory Board created in
626
Section
13-35-103
.
627
(2) "Dealership" means a site or location in this state:
628
(a) at which a franchisee conducts the business of a new powersport vehicle dealer; and
629
(b) that is identified as a new powersport vehicle dealer's principal place of business
630
for registration purposes under Section
13-35-105
.
631
(3) "Department" means the Department of Commerce.
632
(4) "Executive director" means the executive director of the Department of Commerce.
633
(5) "Franchise" or "franchise agreement" means a written agreement, for a definite or
634
indefinite period, in which:
635
(a) a person grants to another person a license to use a trade name, trademark, service
636
mark, or related characteristic; and
637
(b) a community of interest exists in the marketing of new powersport vehicles, new
638
powersport vehicle parts, and services related to the sale or lease of new powersport vehicles at
639
wholesale or retail.
640
(6) "Franchisee" means a person with whom a franchisor has agreed or permitted, in
641
writing or in practice, to purchase, sell, or offer for sale new powersport vehicles manufactured,
642
produced, represented, or distributed by the franchisor.
643
(7) (a) "Franchisor" means a person who has, in writing or in practice, agreed with or
644
permits a franchisee to purchase, sell, or offer for sale new powersport vehicles manufactured,
645
produced, represented, or distributed by the franchisor, and includes:
646
(i) the manufacturer or distributor of the new powersport vehicles;
647
(ii) an intermediate distributor;
Text Box
- 22 -
648
(iii) an agent, officer, or field or area representative of the franchisor; and
649
(iv) a person who is affiliated with a manufacturer or a representative or who directly
650
or indirectly through an intermediary is controlled by, or is under common control with the
651
manufacturer.
652
(b) For purposes of Subsection (7)(a)(iv), a person is controlled by a manufacturer if
653
the manufacturer has the authority directly or indirectly by law or by an agreement of the
654
parties, to direct or influence the management and policies of the person.
655
(8) "Lead" means the referral by a franchisor to a franchisee of an actual or potential
656
customer for the purchase or lease of a new powersport vehicle, or for service work related to
657
the franchisor's vehicles.
658
(9) "Line-make" means the powersport vehicles that are offered for sale, lease, or
659
distribution under a common name, trademark, service mark, or brand name of the franchisor,
660
or manufacturer of the powersport vehicle.
661
(10) (a) "Powersport vehicle" means:
662
(i) an all-terrain type I or type II vehicle "ATV" defined in Section
41-22-2
;
663
(ii) a snowmobile as defined in Section
41-22-2
;
664
(iii) a motorcycle as defined in Section
41-1a-102
;
665
(iv) a personal watercraft as defined in Section
73-18-2
;
666
(v) except as provided in Subsection (10)(b), a motor-driven cycle as defined in
667
Section [
41-6-1
]
41-6a-102
; or
668
(vi) a moped as defined in Section [
41-6-1
]
41-6a-102
.
669
(b) "Powersport vehicle" does not include:
670
(i) an electric assisted bicycle defined in Section [
41-6-1
]
41-6a-102
;
671
(ii) a motor assisted scooter as defined in Section [
41-6-1
]
41-6a-102
; or
672
(iii) a personal motorized mobility device as defined in Section [
41-6-1
]
41-6a-102
.
673
(11) "New powersport vehicle dealer" means a person who is engaged in the business
674
of buying, selling, offering for sale, or exchanging new powersport vehicles either outright or
675
on conditional sale, bailment, lease, chattel mortgage, or otherwise who has established a place
676
of business for the sale, lease, trade, or display of powersport vehicles.
677
(12) "Notice" or "notify" includes both traditional written communications and all
678
reliable forms of electronic communication unless expressly prohibited by statute or rule.
Text Box
- 23 -
679
(13) "Relevant market area" means:
680
(a) the county in which a powersport dealership is to be established or relocated; and
681
(b) the area within a 15-mile radius from the site of the new or relocated dealership.
682
(14) "Sale, transfer, or assignment" means any disposition of a franchise or an interest
683
in a franchise, with or without consideration, including a bequest, inheritance, gift, exchange,
684
lease, or license.
685
(15) "Serve" or "served," unless expressly indicated otherwise by statute or rule,
686
includes any reliable form of communication.
687
(16) "Written," "write," "in writing," or other variations of those terms shall include all
688
reliable forms of electronic communication.
689
Section 4.
Section
17-43-201
is amended to read:
690
17-43-201. Local substance abuse authorities -- Responsibilities.
691
(1) (a) (i) In each county operating under a county executive-council form of
692
government under Section
17-52-504
, the county legislative body is the local substance abuse
693
authority, provided however that any contract for plan services shall be administered by the
694
county executive.
695
(ii) In each county operating under a council-manager form of government under
696
Section
17-52-505
, the county manager is the local substance abuse authority.
697
(iii) In each county other than a county described in Subsection (1)(a)(i) or (ii), the
698
county legislative body is the local substance abuse authority.
699
(b) Within legislative appropriations and county matching funds required by this
700
section, and under the policy direction of the board and the administrative direction of the
701
division, each local substance abuse authority shall:
702
(i) develop substance abuse prevention and treatment services plans; and
703
(ii) provide substance abuse services to residents of the county.
704
(2) (a) By executing an interlocal agreement under Title 11, Chapter 13, Interlocal
705
Cooperation Act, two or more counties may join to provide substance abuse prevention and
706
treatment services.
707
(b) The legislative bodies of counties joining to provide services may establish
708
acceptable ways of apportioning the cost of substance abuse services.
709
(c) Each agreement for joint substance abuse services shall:
Text Box
- 24 -
710
(i) (A) designate the treasurer of one of the participating counties or another person as
711
the treasurer for the combined substance abuse authorities and as the custodian of moneys
712
available for the joint services; and
713
(B) provide that the designated treasurer, or other disbursing officer authorized by the
714
treasurer, may make payments from the moneys for the joint services upon audit of the
715
appropriate auditing officer or officers representing the participating counties;
716
(ii) provide for the appointment of an independent auditor or a county auditor of one of
717
the participating counties as the designated auditing officer for the combined substance abuse
718
authorities;
719
(iii) (A) provide for the appointment of the county or district attorney of one of the
720
participating counties as the designated legal officer for the combined substance abuse
721
authorities; and
722
(B) authorize the designated legal officer to request and receive the assistance of the
723
county or district attorneys of the other participating counties in defending or prosecuting
724
actions within their counties relating to the combined substance abuse authorities; and
725
(iv) provide for the adoption of management, clinical, financial, procurement,
726
personnel, and administrative policies as already established by one of the participating
727
counties or as approved by the legislative body of each participating county or interlocal board.
728
(d) An agreement for joint substance abuse services may provide for joint operation of
729
services and facilities or for operation of services and facilities under contract by one
730
participating local substance abuse authority for other participating local substance abuse
731
authorities.
732
(3) (a) Each local substance abuse authority is accountable to the department, the
733
Department of Health, and the state with regard to the use of state and federal funds received
734
from those departments for substance abuse services, regardless of whether the services are
735
provided by a private contract provider.
736
(b) Each local substance abuse authority shall comply, and require compliance by its
737
contract provider, with all directives issued by the department and the Department of Health
738
regarding the use and expenditure of state and federal funds received from those departments
739
for the purpose of providing substance abuse programs and services. The department and
740
Department of Health shall ensure that those directives are not duplicative or conflicting, and
Text Box
- 25 -
741
shall consult and coordinate with local substance abuse authorities with regard to programs and
742
services.
743
(4) Each local substance abuse authority shall:
744
(a) review and evaluate substance abuse prevention and treatment needs and services,
745
including substance abuse needs and services for individuals incarcerated in a county jail or
746
other county correctional facility;
747
(b) annually prepare and submit to the division a plan approved by the county
748
legislative body for funding and service delivery that includes:
749
(i) provisions for services, either directly by the substance abuse authority or by
750
contract, for adults, youth, and children, including those incarcerated in a county jail or other
751
county correctional facility; and
752
(ii) primary prevention, targeted prevention, early intervention, and treatment services;
753
(c) establish and maintain, either directly or by contract, programs licensed under Title
754
62A, Chapter 2, Licensure of Programs and Facilities;
755
(d) appoint directly or by contract a full or part time director for substance abuse
756
programs, and prescribe the director's duties;
757
(e) provide input and comment on new and revised policies established by the board;
758
(f) establish and require contract providers to establish administrative, clinical,
759
procurement, personnel, financial, and management policies regarding substance abuse services
760
and facilities, in accordance with the policies of the board, and state and federal law;
761
(g) establish mechanisms allowing for direct citizen input;
762
(h) annually contract with the division to provide substance abuse programs and
763
services in accordance with the provisions of Title 62A, Chapter 15, Substance Abuse and
764
Mental Health Act;
765
(i) comply with all applicable state and federal statutes, policies, audit requirements,
766
contract requirements, and any directives resulting from those audits and contract requirements;
767
(j) promote or establish programs for the prevention of substance abuse within the
768
community setting through community-based prevention programs;
769
(k) provide funding equal to at least 20% of the state funds that it receives to fund
770
services described in the plan;
771
(l) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
Text Box
- 26 -
772
Cooperation Act, Title 17A, Chapter 1, Part 4, Uniform Fiscal Procedures for Special Districts
773
Act, and Title 51, Chapter [2, Audits of] 2a, Accounting Reports from Political Subdivisions,
774
Interlocal Organizations and Other Local Entities Act;
775
(m) for persons convicted of driving under the influence in violation of [Subsection
776
41-6-44
(2) or Section
41-6-44.6
] Section
41-6a-502
or
41-6a-517
, conduct the following as
777
defined in Section [
41-6-44
]
41-6a-501
:
778
(i) a screening;
779
(ii) an assessment;
780
(iii) an educational series; and
781
(iv) substance abuse treatment; and
782
(n) utilize proceeds of the accounts described in Subsection
62A-15-503
(1) to
783
supplement the cost of providing the services described in Subsection (4)(m).
784
(5) Before disbursing any public funds, each local substance abuse authority shall
785
require that each entity that receives any public funds from the local substance abuse authority
786
agrees in writing that:
787
(a) the entity's financial records and other records relevant to the entity's performance
788
of the services provided to the local substance abuse authority shall be subject to examination
789
by:
790
(i) the division;
791
(ii) the local substance abuse authority director;
792
(iii) (A) the county treasurer and county or district attorney; or
793
(B) if two or more counties jointly provide substance abuse services under an
794
agreement under Subsection (2), the designated treasurer and the designated legal officer;
795
(iv) the county legislative body; and
796
(v) in a county with a county executive that is separate from the county legislative
797
body, the county executive;
798
(b) the county auditor may examine and audit the entity's financial and other records
799
relevant to the entity's performance of the services provided to the local substance abuse
800
authority; and
801
(c) the entity will comply with the provisions of Subsection (3)(b).
802
(6) A local substance abuse authority may receive property, grants, gifts, supplies,
Text Box
- 27 -
803
materials, contributions, and any benefit derived therefrom, for substance abuse services. If
804
those gifts are conditioned upon their use for a specified service or program, they shall be so
805
used.
806
(7) (a) As used in this section, "public funds" means the same as that term is defined in
807
Section
17-43-203
.
808
(b) Public funds received for the provision of services pursuant to the local substance
809
abuse plan may not be used for any other purpose except those authorized in the contract
810
between the local substance abuse authority and the provider for the provision of plan services.
811
Section 5.
Section
19-2-105
is amended to read:
812
19-2-105. Duties of board.
813
The board, in conjunction with the governing body of each county identified in Section
814
[
41-6-163.7
]
41-6a-1643
and other interested parties, shall perform an evaluation of the
815
inspection and maintenance program developed under Section [
41-6-163.7
]
41-6a-1643
816
including issues relating to:
817
(1) the implementation of a standardized inspection and maintenance program;
818
(2) out-of-state registration of vehicles used in Utah;
819
(3) out-of-county registration of vehicles used within the areas required to have an
820
inspection and maintenance program;
821
(4) use of the farm truck exemption;
822
(5) mechanic training programs;
823
(6) emissions standards; and
824
(7) emissions waivers.
825
Section 6.
Section
19-2-105.3
is amended to read:
826
19-2-105.3. Clean fuel requirements for fleets.
827
(1) As used in this section:
828
(a) "1990 Clean Air Act" means the federal Clean Air Act as amended in 1990.
829
(b) "Clean fuel" means:
830
(i) propane, compressed natural gas, or electricity;
831
(ii) other fuel the Air Quality Board created in Title 19, Chapter 2, Air Conservation
832
Act, determines annually on or before July 1 is at least as effective as fuels under Subsection
833
(1)(b)(i) in reducing air pollution; and
Text Box
- 28 -
834
(iii) other fuel that meets the clean fuel vehicle standards in the 1990 Clean Air Act.
835
(c) "Fleet" means ten or more vehicles:
836
(i) owned or operated by a single entity as defined by board rule; and
837
(ii) capable of being fueled or that are fueled at a central location.
838
(d) "Fleet" does not include motor vehicles that are:
839
(i) held for lease or rental to the general public;
840
(ii) held for sale or used as demonstration vehicles by motor vehicle dealers;
841
(iii) used by motor vehicle manufacturers for product evaluations or tests;
842
(iv) authorized emergency vehicles as defined in Section [
41-6-1
]
41-6a-102
;
843
(v) registered under Title 41, Chapter 1a, Part 2, Registration, as farm vehicles;
844
(vi) special mobile equipment as defined in Section
41-1a-102
;
845
(vii) heavy duty trucks with a gross vehicle weight rating of more than 26,000 pounds;
846
(viii) regularly used by employees to drive to and from work, parked at the employees'
847
personal residences when they are not at their employment, and not practicably fueled at a
848
central location;
849
(ix) owned, operated, or leased by public transit districts; or
850
(x) exempted by board rule.
851
(2) (a) After evaluation of reasonably available pollution control strategies, and as part
852
of the state implementation plan demonstrating attainment of the national ambient air quality
853
standards, the board may by rule, subject to Subsection (2)(c), require fleets in specified
854
geographical areas to use clean fuels if the board determines fleet use of clean fuels is:
855
(i) necessary to demonstrate attainment of the national ambient air quality standards in
856
any area where they are required; and
857
(ii) reasonably cost effective when compared to other similarly beneficial control
858
strategies for demonstrating attainment of the national ambient air quality standards.
859
(b) State implementation plans developed prior to July 1, 1995, may require fleets to
860
use clean fuels no earlier than July 1, 1995, unless the board determines fleet use of clean fuels
861
is necessary prior to July 1, 1995, to demonstrate attainment of the national ambient air quality
862
standards in any area by an attainment date established by federal law.
863
(c) The board may not require more than 50% of those trucks in a fleet that are heavy
864
duty trucks having a gross vehicle weight rating of more than 8,500 pounds and not more than
Text Box
- 29 -
865
26,000 pounds to convert to clean fuels under Subsection (2)(b).
866
(3) (a) After evaluation of reasonably available pollution control strategies, and as part
867
of a state implementation plan demonstrating only maintenance of the national ambient air
868
quality standards, the board may by rule, subject to Subsection (3)(b), require fleets in specified
869
geographical areas to use clean fuels if the board determines fleet use of clean fuels is:
870
(i) necessary to demonstrate maintenance of the national ambient air quality standards
871
in any area where they are required; and
872
(ii) reasonably cost effective as compared with other similarly beneficial control
873
strategies for demonstrating maintenance of the national ambient air quality standards.
874
(b) Under Subsection (3)(a) the board may require no more than:
875
(i) 30% of a fleet to use clean fuels before January 1, 1998;
876
(ii) 50% of a fleet to use clean fuels before January 1, 1999; and
877
(iii) 70% of a fleet to use clean fuels before January 1, 2000.
878
(c) The board may not require more than 50% of those trucks in a fleet that are heavy
879
duty trucks having a gross vehicle weight rating of more than 8,500 pounds and not more than
880
26,000 pounds to convert to clean fuels under Subsection (3)(b).
881
(4) Rules the board makes under this section may include:
882
(a) dates by which fleets are required to convert to clean fuels under the provisions of
883
this section;
884
(b) definitions of fleet owners or operators;
885
(c) definitions of vehicles exempted from this section by rule;
886
(d) certification requirements for persons who install clean fuel conversion equipment,
887
including testing and certification standards regarding installers; and
888
(e) certification fees for installers, established under Section
63-38-3.2
.
889
(5) Implementation of this section and rules made under this section are subject to the
890
reasonable availability of clean fuel in the local market as determined by the board.
891
Section 7.
Section
23-13-17
is amended to read:
892
23-13-17. Spotlighting of coyote, red fox, striped skunk, and raccoon -- County
893
ordinances - Permits.
894
(1) Spotlighting may be used to hunt coyote, red fox, striped skunk, or raccoon where
895
allowed by a county ordinance enacted pursuant to this section.
Text Box
- 30 -
896
(2) The ordinance shall provide that:
897
(a) any artificial light used to spotlight coyote, red fox, striped skunk, or raccoon must
898
be carried by the hunter;
899
(b) a motor vehicle headlight or light attached to or powered by a motor vehicle may
900
not be used to spotlight the animal; and
901
(c) while hunting with the use of an artificial light, the hunter may not occupy or
902
operate any motor vehicle.
903
(3) For purposes of the county ordinance, "motor vehicle" shall have the meaning as
904
defined in Section [
41-6-1
]
41-6a-102
.
905
(4) The ordinance may specify:
906
(a) the time of day and seasons when spotlighting is permitted;
907
(b) areas closed or open to spotlighting within the unincorporated area of the county;
908
(c) safety zones within which spotlighting is prohibited;
909
(d) the weapons permitted; and
910
(e) penalties for violation of the ordinance.
911
(5) (a) A county may restrict the number of hunters engaging in spotlighting by
912
requiring a permit to spotlight and issuing a limited number of permits.
913
(b) (i) A fee may be charged for a spotlighting permit.
914
(ii) Any permit fee shall be established by the county ordinance.
915
(iii) Revenues generated by the permit fee shall be remitted to the Division of Wildlife
916
Resources for deposit into the Wildlife Resources Account, except the Wildlife Board may
917
allow any county that enacts an ordinance pursuant to this section to retain a reasonable amount
918
to pay for the costs of administering and enforcing the ordinance, provided this use of the
919
permit revenues does not affect federal funds received by the state under 16 U.S.C. Sec. 669 et
920
seq., Wildlife Restoration Act and 16 U.S.C. Sec. 777 et seq., Sport Fish Restoration Act.
921
(6) A county may require hunters to notify the county sheriff of the time and place they
922
will be engaged in spotlighting.
923
(7) The requirement that a county ordinance must be enacted before a person may use
924
spotlighting to hunt coyote, red fox, striped skunk, or raccoon does not apply to:
925
(a) a person or his agent who is lawfully acting to protect his crops or domestic animals
926
from predation by those animals; or
Text Box
- 31 -
927
(b) an animal damage control agent acting in his official capacity under a memorandum
928
of agreement with the division.
929
Section 8.
Section
26-1-30
is amended to read:
930
26-1-30. Powers and duties of department.
931
(1) The department shall:
932
(a) enter into cooperative agreements with the Department of Environmental Quality to
933
delineate specific responsibilities to assure that assessment and management of risk to human
934
health from the environment are properly administered; and
935
(b) consult with the Department of Environmental Quality and enter into cooperative
936
agreements, as needed, to ensure efficient use of resources and effective response to potential
937
health and safety threats from the environment, and to prevent gaps in protection from potential
938
risks from the environment to specific individuals or population groups.
939
(2) In addition to all other powers and duties of the department, it shall have and
940
exercise the following powers and duties:
941
(a) promote and protect the health and wellness of the people within the state;
942
(b) establish, maintain, and enforce rules necessary or desirable to carry out the
943
provisions and purposes of this title to promote and protect the public health or to prevent
944
disease and illness;
945
(c) investigate and control the causes of epidemic, infectious, communicable, and other
946
diseases affecting the public health;
947
(d) provide for the detection, reporting, prevention, and control of communicable,
948
infectious, acute, chronic, or any other disease or health hazard that the department considers to
949
be dangerous, important, or likely to affect the public health;
950
(e) collect and report information on causes of injury, sickness, death, and disability
951
and the risk factors that contribute to the causes of injury, sickness, death, and disability within
952
the state;
953
(f) collect, prepare, publish, and disseminate information to inform the public
954
concerning the health and wellness of the population, specific hazards, and risks that may affect
955
the health and wellness of the population and specific activities which may promote and protect
956
the health and wellness of the population;
957
(g) establish and operate programs necessary or desirable for the promotion or
Text Box
- 32 -
958
protection of the public health and the control of disease or which may be necessary to
959
ameliorate the major causes of injury, sickness, death, and disability in the state, except that the
960
programs shall not be established if adequate programs exist in the private sector;
961
(h) establish, maintain, and enforce isolation and quarantine, and for this purpose only,
962
exercise physical control over property and individuals as the department finds necessary for
963
the protection of the public health;
964
(i) close theaters, schools, and other public places and forbid gatherings of people
965
when necessary to protect the public health;
966
(j) abate nuisances when necessary to eliminate sources of filth and infectious and
967
communicable diseases affecting the public health;
968
(k) make necessary sanitary and health investigations and inspections in cooperation
969
with local health departments as to any matters affecting the public health;
970
(l) establish laboratory services necessary to support public health programs and
971
medical services in the state;
972
(m) establish and enforce standards for laboratory services which are provided by any
973
laboratory in the state when the purpose of the services is to protect the public health;
974
(n) cooperate with the Labor Commission to conduct studies of occupational health
975
hazards and occupational diseases arising in and out of employment in industry, and make
976
recommendations for elimination or reduction of the hazards;
977
(o) cooperate with the local health departments, the Department of Corrections, the
978
Administrative Office of the Courts, the Division of Juvenile Justice Services, and the Crime
979
Victims Reparations Board to conduct testing for HIV infection of convicted sexual offenders
980
and any victims of a sexual offense;
981
(p) investigate the cause of maternal and infant mortality;
982
(q) establish, maintain, and enforce a procedure requiring the blood of adult pedestrians
983
and drivers of motor vehicles killed in highway accidents be examined for the presence and
984
concentration of alcohol;
985
(r) provide the commissioner of public safety with monthly statistics reflecting the
986
results of the examinations provided for in Subsection (2)(q) and provide safeguards so that
987
information derived from the examinations is not used for a purpose other than the compilation
988
of statistics authorized in this Subsection (2)(r);
Text Box
- 33 -
989
(s) establish qualifications for individuals permitted to draw blood pursuant to Section
990
[
41-6-44.10
]
41-6a-523
, and to issue permits to individuals it finds qualified, which permits
991
may be terminated or revoked by the department;
992
(t) establish a uniform public health program throughout the state which includes
993
continuous service, employment of qualified employees, and a basic program of disease
994
control, vital and health statistics, sanitation, public health nursing, and other preventive health
995
programs necessary or desirable for the protection of public health;
996
(u) adopt rules and enforce minimum sanitary standards for the operation and
997
maintenance of:
998
(i) orphanages;
999
(ii) boarding homes;
1000
(iii) summer camps for children;
1001
(iv) lodging houses;
1002
(v) hotels;
1003
(vi) restaurants and all other places where food is handled for commercial purposes,
1004
sold, or served to the public;
1005
(vii) tourist and trailer camps;
1006
(viii) service stations;
1007
(ix) public conveyances and stations;
1008
(x) public and private schools;
1009
(xi) factories;
1010
(xii) private sanatoria;
1011
(xiii) barber shops;
1012
(xiv) beauty shops;
1013
(xv) physicians' offices;
1014
(xvi) dentists' offices;
1015
(xvii) workshops;
1016
(xviii) industrial, labor, or construction camps;
1017
(xix) recreational resorts and camps;
1018
(xx) swimming pools, public baths, and bathing beaches;
1019
(xxi) state, county, or municipal institutions, including hospitals and other buildings,
Text Box
- 34 -
1020
centers, and places used for public gatherings; and
1021
(xxii) of any other facilities in public buildings and on public grounds;
1022
(v) conduct health planning for the state;
1023
(w) monitor the costs of health care in the state and foster price competition in the
1024
health care delivery system;
1025
(x) adopt rules for the licensure of health facilities within the state pursuant to Title 26,
1026
Chapter 21, Health Care Facility Licensing and Inspection Act;
1027
(y) license the provision of child care;
1028
(z) accept contributions to and administer the funds contained in the Organ Donation
1029
Contribution Fund created in Section
26-18b-101
; and
1030
(aa) serve as the collecting agent, on behalf of the state, for the nursing care facility
1031
assessment fee imposed under Title 26, Chapter 35a, Nursing Care Facility Assessment Act,
1032
and adopt rules for the enforcement and administration of the nursing facility assessment
1033
consistent with the provisions of Title 26, Chapter 35a.
1034
Section 9.
Section
32A-1-115
is amended to read:
1035
32A-1-115. Alcoholic Beverage Enforcement and Treatment Restricted Account
1036
-- Distribution to municipalities and counties.
1037
(1) As used in this section:
1038
(a) "Account" means the Alcoholic Beverage Enforcement and Treatment Restricted
1039
Account created in this section.
1040
(b) "Alcohol-related offense" means:
1041
(i) a violation of:
1042
(A) Section [
41-6-44
]
41-6a-502
; or
1043
(B) an ordinance that complies with the requirements of:
1044
(I) Subsection [
41-6-43
]
41-6a-510
(1); or
1045
(II) Section
76-5-207
; or
1046
(ii) an offense involving the:
1047
(A) illegal sale of alcohol;
1048
(B) illegal distribution of alcohol;
1049
(C) illegal transportation of alcohol;
1050
(D) illegal possession of alcohol; or
Text Box
- 35 -
1051
(E) illegal consumption of alcohol.
1052
(c) "Annual conviction time period" means the time period that:
1053
(i) begins on July 1 and ends on June 30; and
1054
(ii) immediately precedes the fiscal year for which an appropriation under this section
1055
is made.
1056
(d) "Coordinating council" means the Utah Substance Abuse and Anti-Violence
1057
Coordinating Council created in Section
63-25a-201
.
1058
(e) "Municipality" means:
1059
(i) a city; or
1060
(ii) a town.
1061
(2) (a) There is created in the General Fund a restricted account called the "Alcoholic
1062
Beverage Enforcement and Treatment Restricted Account."
1063
(b) The account shall be funded from:
1064
(i) amounts deposited by the state treasurer in accordance with Section
59-15-109
;
1065
(ii) any appropriations made to the account by the Legislature; and
1066
(iii) interest described in Subsection (2)(c).
1067
(c) Interest earned on the account shall be deposited into the account.
1068
(d) (i) The revenues in the account shall be used exclusively for programs or projects
1069
related to prevention, treatment, detection, prosecution, and control of violations of this title
1070
and other offenses in which alcohol is a contributing factor except as provided in Subsection
1071
(2)(d)(ii).
1072
(ii) The portion distributed under this section to counties may also be used for the
1073
confinement or treatment of persons arrested for or convicted of offenses in which alcohol is a
1074
contributing factor.
1075
(iii) Any municipality or county entitled to receive funds shall use the funds
1076
exclusively as required by this Subsection (2)(d).
1077
(iv) The appropriations provided for under Subsection (3) are:
1078
(A) intended to supplement the budget of the appropriate agencies of each municipality
1079
and county within the state to enable the municipalities and counties to more effectively fund
1080
the programs and projects described in this Subsection (2)(d); and
1081
(B) not intended to replace funds that would otherwise be allocated for the programs
Text Box
- 36 -
1082
and projects in this Subsection (2)(d).
1083
(3) (a) The revenues deposited into the account shall be distributed to municipalities
1084
and counties:
1085
(i) to the extent appropriated by the Legislature except that the Legislature shall
1086
appropriate each fiscal year an amount equal to at least the amount deposited in the account in
1087
accordance with Section
59-15-109
; and
1088
(ii) as provided in this Subsection (3).
1089
(b) The amount appropriated from the account shall be distributed as follows:
1090
(i) 25% to municipalities and counties based upon the percentage of the state
1091
population residing in each municipality and county;
1092
(ii) 30% to municipalities and counties based upon each municipality's and county's
1093
percentage of the statewide convictions for all alcohol-related offenses;
1094
(iii) 20% to municipalities and counties based upon the percentage of all state stores,
1095
package agencies, liquor licensees, and beer licensees in the state that are located in each
1096
municipality and county; and
1097
(iv) 25% to the counties for confinement and treatment purposes authorized by this
1098
section based upon the percentage of the state population located in each county.
1099
(c) (i) Except as provided in Subsection (3)(c)(iii), a municipality that does not have a
1100
law enforcement agency may not receive monies under this section.
1101
(ii) The State Tax Commission:
1102
(A) may not distribute the monies the municipality would receive but for the
1103
municipality not having a law enforcement agency to that municipality; and
1104
(B) shall distribute the monies that the municipality would have received but for it not
1105
having a law enforcement agency to the county in which the municipality is located for use by
1106
the county in accordance with this section.
1107
(iii) Notwithstanding Subsections (3)(c)(i) and (ii), if the coordinating council finds
1108
that a municipality described in Subsection (3)(c)(i) demonstrates that the municipality can use
1109
the monies that the municipality is otherwise eligible to receive in accordance with this section,
1110
the coordinating council may direct the State Tax Commission to distribute the money to the
1111
municipality.
1112
(4) To determine the distributions required by Subsection (3)(b)(ii), the State Tax
Text Box
- 37 -
1113
Commission shall annually:
1114
(a) for an annual conviction time period:
1115
(i) multiply by two the total number of convictions in the state obtained during the
1116
annual conviction time period for violation of:
1117
(A) Section [
41-6-44
]
41-6a-502
; or
1118
(B) an ordinance that complies with the requirements of Subsection [
41-6-43
]
1119
41-6a-510
(1) or Section
76-5-207
; and
1120
(ii) add to the number calculated under Subsection (4)(a)(i) the number of convictions
1121
obtained during the annual conviction time period for all alcohol-related offenses other than the
1122
alcohol-related offenses described in Subsection (4)(a)(i);
1123
(b) divide an amount equal to 30% of the appropriation for that fiscal year by the sum
1124
obtained in Subsection (4)(a); and
1125
(c) multiply the amount calculated under Subsection (4)(b), by the number of
1126
convictions obtained in each municipality and county during the annual conviction time period
1127
for alcohol-related offenses.
1128
(5) For purposes of this section:
1129
(a) the number of state stores, package agencies, and licensees located within the limits
1130
of each municipality and county:
1131
(i) is the number determined by the department to be so located;
1132
(ii) includes all:
1133
(A) private clubs;
1134
(B) restaurants;
1135
(C) airport lounges;
1136
(D) package agencies; and
1137
(E) state stores; and
1138
(iii) does not include on-premise beer retailer licensees;
1139
(b) the number of state stores, package agencies, and licensees in a county consists only
1140
of that number located within unincorporated areas of the county;
1141
(c) population figures shall be determined according to the most current population
1142
estimates prepared by the Utah Population Estimates Committee;
1143
(d) a county's population figure for the 25% distribution to municipalities and counties
Text Box
- 38 -
1144
under Subsection (3)(b)(i) shall be determined only with reference to the population in the
1145
unincorporated areas of the county;
1146
(e) a county's population figure under Subsection (3)(b)(iv) for the 25% distribution to
1147
counties only shall be determined with reference to the total population in the county, including
1148
that of municipalities;
1149
(f) a conviction occurs in the municipality or county that actually prosecutes the
1150
offense to judgment; and
1151
(g) in the case of a conviction based upon a guilty plea, the conviction is considered to
1152
occur in the municipality or county that, except for the guilty plea, would have prosecuted the
1153
offense.
1154
(6) By not later than September 1 each year:
1155
(a) the state court administrator shall certify to the State Tax Commission the number
1156
of convictions obtained for alcohol-related offenses in each municipality or county in the state
1157
during the annual conviction time period; and
1158
(b) the coordinating council shall notify the State Tax Commission of any municipality
1159
that does not have a law enforcement agency.
1160
(7) By not later than December 1 of each year, the coordinating council shall notify the
1161
State Tax Commission for the fiscal year of appropriation of:
1162
(a) any municipality that may receive a distribution under Subsection (3)(c)(iii);
1163
(b) any county that may receive a distribution allocated to a municipality described in
1164
Subsection (3)(c)(ii);
1165
(c) any municipality or county that may not receive a distribution because the
1166
coordinating council has suspended the payment under Subsection (10)(a)(i); and
1167
(d) any municipality or county that receives a distribution because the suspension of
1168
payment has been cancelled under Subsection (10)(a)(ii).
1169
(8) (a) By not later than January 1 of the fiscal year of appropriation, the State Tax
1170
Commission shall annually distribute to each municipality and county the portion of the
1171
appropriation that the municipality or county is eligible to receive under this section, except for
1172
any municipality or county that the coordinating council notifies the State Tax Commission in
1173
accordance with Subsection (7) may not receive a distribution in that fiscal year.
1174
(b) (i) The State Tax Commission shall prepare forms for use by municipalities and
Text Box
- 39 -
1175
counties in applying for distributions under this section.
1176
(ii) The forms described in this Subsection (8) may require the submission of
1177
information the State Tax Commission considers necessary to enable the State Tax
1178
Commission to comply with this section.
1179
(9) A municipality or county that receives any monies under this section during a fiscal
1180
year shall by no later than October 1 following the fiscal year:
1181
(a) report to the coordinating council:
1182
(i) the programs or projects of the municipality or county that receive monies under
1183
this section;
1184
(ii) if the monies for programs or projects were exclusively used as required by
1185
Subsection (2)(d);
1186
(iii) indicators of whether the programs or projects that receive monies under this
1187
section are effective; and
1188
(iv) if any monies received under this section were not expended by the municipality or
1189
county; and
1190
(b) provide the coordinating council a statement signed by the chief executive officer
1191
of the county or municipality attesting that the monies received under this section were used in
1192
addition to any monies appropriated or otherwise available for the county's or municipality's
1193
law enforcement and were not used to supplant those monies.
1194
(10) (a) The coordinating council may, by a majority vote:
1195
(i) suspend future payments under Subsection (8) to a municipality or county that:
1196
(A) does not file a report that meets the requirements of Subsection (9); or
1197
(B) the coordinating council finds does not use the monies as required by Subsection
1198
(2)(d) on the basis of the report filed by the municipality or county under Subsection (9); and
1199
(ii) cancel a suspension under Subsection (10)(a)(i).
1200
(b) The State Tax Commission shall:
1201
(i) retain monies that a municipality or county does not receive under Subsection
1202
(10)(a); and
1203
(ii) notify the coordinating council of the balance of retained monies under this
1204
Subsection (10)(b) after the annual distribution under Subsection (8).
1205
(11) (a) Subject to the requirements of this Subsection (11), the coordinating council
Text Box
- 40 -
1206
shall award the balance of retained monies under Subsection (10)(b):
1207
(i) as prioritized by majority vote of the coordinating council; and
1208
(ii) as grants to:
1209
(A) a county;
1210
(B) a municipality; or
1211
(C) the Department of Public Safety.
1212
(b) By not later than May 30 of the fiscal year of the appropriation, the coordinating
1213
council shall notify the State Tax Commission of any grants awarded under this Subsection
1214
(11).
1215
(c) The State Tax Commission shall make payments of grants:
1216
(i) upon receiving notice as provided under Subsection (11)(b); and
1217
(ii) by not later than June 30 of the fiscal year of the appropriation.
1218
(d) An entity that receives a grant under this Subsection (11) shall use the grant monies
1219
exclusively for programs or projects described in Subsection (2)(d).
1220
Section 10.
Section
39-6-93
is amended to read:
1221
39-6-93. Intoxicated or reckless driving.
1222
A person subject to this chapter who operates any vehicle in violation of Section
1223
[
41-6-44
]
41-6a-502
, or in violation of Section [
41-6-45
]
41-6a-528
, shall be punished as a
1224
military court directs.
1225
Section 11.
Section
41-1a-202
is amended to read:
1226
41-1a-202. Definitions -- Vehicles exempt from registration -- Registration of
1227
vehicles after establishing residency.
1228
(1) In this section:
1229
(a) "Domicile" means the place:
1230
(i) where an individual has a fixed permanent home and principal establishment;
1231
(ii) to which the individual if absent, intends to return; and
1232
(iii) in which the individual and his family voluntarily reside, not for a special or
1233
temporary purpose, but with the intention of making a permanent home.
1234
(b) (i) "Resident" means any of the following:
1235
(A) an individual who:
1236
(I) has established a domicile in this state;
Text Box
- 41 -
1237
(II) regardless of domicile, remains in this state for an aggregate period of six months
1238
or more during any calendar year;
1239
(III) engages in a trade, profession, or occupation in this state or who accepts
1240
employment in other than seasonal work in this state and who does not commute into the state;
1241
(IV) declares himself to be a resident of this state for the purpose of obtaining a driver
1242
license or motor vehicle registration; or
1243
(V) declares himself a resident of Utah to obtain privileges not ordinarily extended to
1244
nonresidents, including going to school, or placing children in school without paying
1245
nonresident tuition or fees;
1246
(B) any individual, partnership, limited liability company, firm, corporation,
1247
association, or other entity that:
1248
(I) maintains a main office, branch office, or warehouse facility in this state and that
1249
bases and operates a motor vehicle in this state; or
1250
(II) operates a motor vehicle in intrastate transportation for other than seasonal work.
1251
(ii) "Resident" does not include any of the following:
1252
(A) a member of the military temporarily stationed in Utah;
1253
(B) an out-of-state student, as classified by the institution of higher education, enrolled
1254
with the equivalent of seven or more quarter hours, regardless of whether the student engages
1255
in a trade, profession, or occupation in this state or accepts employment in this state; and
1256
(C) an individual domiciled in another state or a foreign country that:
1257
(I) is engaged in public, charitable, educational, or religious services for a government
1258
agency or an organization that qualifies for tax-exempt status under Internal Revenue Code
1259
Section 501(c)(3);
1260
(II) is not compensated for services rendered other than expense reimbursements; and
1261
(III) is temporarily in Utah for a period not to exceed 24 months.
1262
(2) Registration under this chapter is not required for any:
1263
(a) vehicle registered in another state and owned by a nonresident of the state or
1264
operating under a temporary registration permit issued by the division or a dealer authorized by
1265
this chapter, driven or moved upon a highway in conformance with the provisions of this
1266
chapter relating to manufacturers, transporters, dealers, lien holders, or interstate vehicles;
1267
(b) vehicle driven or moved upon a highway only for the purpose of crossing the
Text Box
- 42 -
1268
highway from one property to another;
1269
(c) implement of husbandry, whether of a type otherwise subject to registration or not,
1270
that is only incidentally operated or moved upon a highway;
1271
(d) special mobile equipment;
1272
(e) vehicle owned or leased by the federal government;
1273
(f) motor vehicle not designed, used, or maintained for the transportation of passengers
1274
for hire or for the transportation of property if the motor vehicle is registered in another state
1275
and is owned and operated by a nonresident of this state;
1276
(g) vehicle or combination of vehicles designed, used, or maintained for the
1277
transportation of persons for hire or for the transportation of property if the vehicle or
1278
combination of vehicles is registered in another state and is owned and operated by a
1279
nonresident of this state and if the vehicle or combination of vehicles has a gross laden weight
1280
of 26,000 pounds or less;
1281
(h) trailer of 750 pounds or less unladen weight and not designed, used, and maintained
1282
for hire for the transportation of property or person;
1283
(i) manufactured home or mobile home;
1284
(j) off-highway vehicle currently registered under Section
41-22-3
if the off-highway
1285
vehicle is:
1286
(i) being towed;
1287
(ii) operated on a street or highway designated as open to off-highway vehicle use; or
1288
(iii) operated in the manner prescribed in Section
41-22-10.3
;
1289
(k) off-highway implement of husbandry operated in the manner prescribed in
1290
Subsections
41-22-5.5
(3) through (5);
1291
(l) modular and prebuilt homes conforming to the uniform building code and presently
1292
regulated by the United States Department of Housing and Urban Development that are not
1293
constructed on a permanent chassis;
1294
(m) electric assisted bicycle defined under Section [
41-6-1
]
41-6a-102
;
1295
(n) motor assisted scooter defined under Section [
41-6-1
]
41-6a-102
; or
1296
(o) personal motorized mobility device defined under Section [
41-6-1
]
41-6a-102
.
1297
(3) Unless otherwise exempted under Subsection (2), registration under this chapter is
1298
required for any motor vehicle, combination of vehicles, trailer, semitrailer, or vintage vehicle
Text Box
- 43 -
1299
within 60 days of the owner establishing residency in this state.
1300
(4) A motor vehicle that is registered under Section
41-3-306
is exempt from the
1301
registration requirements of this part for the time period that the registration under Section
1302
41-3-306
is valid.
1303
Section 12.
Section
41-1a-203
is amended to read:
1304
41-1a-203. Prerequisites for registration.
1305
(1) Except as otherwise provided, prior to registration a vehicle must have:
1306
(a) an identification number inspection under Section
41-1a-204
;
1307
(b) passed the safety inspection, if required in the current year, as provided under
1308
Sections
41-1a-205
and
53-8-205
;
1309
(c) passed the emissions inspection, if required in the current year, as provided under
1310
Section [
41-6-163.6
]
41-6a-1642
;
1311
(d) paid property taxes, the in lieu fee, or received a property tax clearance under
1312
Section
41-1a-206
or
41-1a-207
;
1313
(e) paid the automobile driver education tax required by Section
41-1a-208
;
1314
(f) paid the applicable registration fee under Part 12, Fee and Tax Requirements;
1315
(g) paid the uninsured motorist identification fee under Section
41-1a-1218
, if
1316
applicable; and
1317
(h) paid the motor carrier fee under Section
41-1a-1219
, if applicable.
1318
(2) In addition to the requirements in Subsection (1), an owner whose vehicle has not
1319
been previously registered or that is currently registered under a previous owner's name must
1320
also apply for a valid certificate of title in the owner's name prior to registration.
1321
(3) A new registration, transfer of ownership, or registration renewal under Section
1322
73-18-7
may not be issued for a vessel or outboard motor that is subject to the title provisions
1323
of this chapter unless a certificate of title has been or is in the process of being issued in the
1324
same owner's name.
1325
(4) A new registration, transfer of ownership, or registration renewal under Section
1326
41-22-3
may not be issued for an off-highway vehicle that is subject to the titling provisions of
1327
this chapter unless a certificate of title has been or is in the process of being issued in the same
1328
owner's name.
1329
Section 13.
Section
41-1a-205
is amended to read:
Text Box
- 44 -
1330
41-1a-205. Safety inspection certificate required for renewal or registration of
1331
motor vehicle -- Exemptions.
1332
(1) If required in the current year, a safety inspection certificate, as required by Section
1333
53-8-205
, or proof of exemption from safety inspection shall be presented at the time of, and as
1334
a condition of, registration or renewal of registration of a motor vehicle.
1335
(2) (a) Except as provided in Subsections (2)(b), (c), and (d), the safety inspection
1336
required under this section may be made no more than two months prior to the renewal of
1337
registration.
1338
(b) (i) If the title of a used motor vehicle is being transferred, a safety inspection
1339
certificate issued for the motor vehicle during the previous two months may be used to satisfy
1340
the requirement under Subsection (1).
1341
(ii) If the transferor is a licensed and bonded used motor vehicle dealer, a safety
1342
inspection certificate issued for the motor vehicle in a licensed and bonded motor vehicle
1343
dealer's name during the previous six months may be used to satisfy the requirement under
1344
Subsection (1).
1345
(c) If the title of a leased vehicle is being transferred to the lessee of the vehicle, a
1346
safety inspection certificate issued during the previous six months may be used to satisfy the
1347
requirement under Subsection (1).
1348
(d) If the motor vehicle is part of a fleet of 101 or more vehicles, the safety inspection
1349
required under this section may be made no more than 11 months prior to the renewal of
1350
registration.
1351
(3) The following motor vehicles are exempt from this section:
1352
(a) a new motor vehicle when registered the first time, if:
1353
(i) a new car predelivery inspection has been made by a dealer;
1354
(ii) the dealer provides a written disclosure statement listing any known deficiency,
1355
existing with the new motor vehicle at the time of delivery, that would cause the motor vehicle
1356
to fail a safety inspection given in accordance with Section
53-8-205
; and
1357
(iii) the buyer signs the disclosure statement to acknowledge that the buyer has read
1358
and understands the listed deficiencies; and
1359
(b) a motor vehicle required to be registered under this chapter that bears a dealer plate
1360
or other special plate under Title 41, Chapter 3, Part 5, Special Dealer License Plates, except
Text Box
- 45 -
1361
that if the motor vehicle is propelled by its own power and is not being moved for repair or
1362
dismantling, the motor vehicle shall comply with Section [
41-6-155
]
41-6a-1601
regarding safe
1363
mechanical condition.
1364
(4) (a) A safety inspection certificate shall be displayed on:
1365
(i) all registered commercial motor vehicles with a gross vehicle weight rating of
1366
26,000 pounds or more;
1367
(ii) a motor vehicle with three or more axles, pulling a trailer, or pulling a trailer with
1368
multiple axles;
1369
(iii) a combination unit; and
1370
(iv) a bus or van for hire.
1371
(b) A commercial vehicle under Subsection (4)(a) is exempt from the requirements of
1372
Subsection (1).
1373
(5) A motor vehicle may be sold and the title assigned to the new owner without a
1374
valid safety inspection, but the motor vehicle may not be registered in the new owner's name
1375
until the motor vehicle complies with this section.
1376
Section 14.
Section
41-1a-217
is amended to read:
1377
41-1a-217. Application for renewal of registration.
1378
(1) Renewal of a vehicle registration shall be made by the owner upon application and
1379
by payment of the fees or taxes required under Subsection
41-1a-203
(1).
1380
(2) The application for registration renewal and applicable fees or taxes shall be
1381
accompanied by a:
1382
(a) safety inspection certificate as required under Section
41-1a-205
; and
1383
(b) certificate of emissions inspection as required under Section [
41-6-163.6
]
1384
41-6a-1642
.
1385
(3) The new registration card issued shall show:
1386
(a) the identical information with respect to the owner and the vehicle description
1387
required by Section
41-1a-213
; and
1388
(b) the new expiration date.
1389
Section 15.
Section
41-1a-407
is amended to read:
1390
41-1a-407. Plates issued to political subdivisions or state -- Use of "EX" letters --
1391
Confidential information.
Text Box
- 46 -
1392
(1) Except as provided in Subsection (2), each municipality, board of education, school
1393
district, state institution of learning, county, other governmental division, subdivision, or
1394
district, and the state shall:
1395
(a) place a license plate displaying the letters, "EX" on every vehicle owned and
1396
operated by it or leased for its exclusive use; and
1397
(b) display an identification mark designating the vehicle as the property of the entity
1398
in a conspicuous place on both sides of the vehicle.
1399
(2) The entity need not display the "EX" license plate or the identification mark
1400
required by Subsection (1) if:
1401
(a) the vehicle is in the direct service of the governor, lieutenant governor, attorney
1402
general, state auditor, or state treasurer of Utah;
1403
(b) the vehicle is used in official investigative work where secrecy is essential;
1404
(c) the vehicle is used in an organized Utah Highway Patrol operation that is:
1405
(i) conducted within a county of the first or second class as defined under Section
1406
17-50-501
, unless no more than one unmarked vehicle is used for the operation;
1407
(ii) approved by the Commissioner of Public Safety;
1408
(iii) of a duration of 14 consecutive days or less; and
1409
(iv) targeted toward aggressive driving and accidents involving:
1410
(A) violations of Title 41, Chapter [6, Article] 6a, Part 5, Driving [While Intoxicated]
1411
Under the Influence and Reckless Driving;
1412
(B) speeding violations for exceeding the posted speed limit by 21 or more miles per
1413
hour;
1414
(C) speeding violations in a reduced speed school zone under Section [
41-6-48.5
]
1415
41-6a-604
;
1416
(D) violations of Section [
41-6-78
]
41-6a-1002
related to pedestrian crosswalks; or
1417
(E) violations of Section [
41-6-53.5
]
41-6a-702
related to lane restrictions;
1418
(d) the vehicle is provided to an official of the entity as part of a compensation package
1419
allowing unlimited personal use of that vehicle; or
1420
(e) the personal security of the occupants of the vehicle would be jeopardized if the
1421
"EX" license plate were in place.
1422
(3) Plates issued to Utah Highway Patrol vehicles may bear the capital letters "UHP," a
Text Box
- 47 -
1423
beehive logo, and the call number of the trooper to whom the vehicle is issued.
1424
(4) (a) The commission shall issue "EX" and "UHP" plates.
1425
(b) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
1426
commission shall make rules establishing the procedure for application for and distribution of
1427
the plates.
1428
(5) For a vehicle that qualifies for "EX" or "UHP" license plates, the entity is not
1429
required to display an annual registration decal.
1430
(6) (a) Information shall be confidential for vehicles that are not required to display the
1431
"EX" license plate or the identification mark under Subsections (2)(a), (b), (d), and (e).
1432
(b) (i) If a law enforcement officer's identity must be kept secret, his agency head may
1433
request in writing that the division remove the license plate information of the officer's
1434
personal vehicles from all public access files and place it in a confidential file until the
1435
assignment is completed.
1436
(ii) The agency head shall notify the division when the assignment is completed.
1437
(7) A peace officer engaged in an organized operation under Subsection (2)(c) shall be
1438
in a uniform clearly identifying the law enforcement agency the peace officer is representing
1439
during the operation.
1440
Section 16.
Section
41-1a-1101
is amended to read:
1441
41-1a-1101. Seizure -- Circumstances where permitted -- Impound lot standards.
1442
(1) The division or any peace officer, without a warrant, may seize and take possession
1443
of any vehicle, vessel, or outboard motor:
1444
(a) that the division or the peace officer has reason to believe has been stolen;
1445
(b) on which any identification number has been defaced, altered, or obliterated;
1446
(c) that has been abandoned on the public highways;
1447
(d) for which the applicant has written a check for registration or title fees that has not
1448
been honored by the applicant's bank and that is not paid within 30 days;
1449
(e) that is placed on the water with improper registration; or
1450
(f) that is being operated on a highway:
1451
(i) with registration that has been expired for more than three months;
1452
(ii) having never been properly registered by the current owner; or
1453
(iii) with registration that is suspended or revoked.
Text Box
- 48 -
1454
(2) If necessary for the transportation of a seized vessel, the vessel's trailer may be
1455
seized to transport and store the vessel.
1456
(3) Any peace officer seizing or taking possession of a vehicle, vessel, or outboard
1457
motor under this section shall comply with the provisions of Section [
41-6-102.5
]
41-6a-1406
.
1458
(4) (a) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
1459
the commission shall make rules setting standards for public garages, impound lots, and
1460
impound yards that may be used by peace officers and the division.
1461
(b) The standards shall be equitable, reasonable, and unrestrictive as to the number of
1462
public garages, impound lots, or impound yards per geographical area.
1463
(5) (a) Except as provided under Subsection (5)(b), a person may not operate or allow
1464
to be operated a vehicle stored in a public garage, impound lot, or impound yard regulated
1465
under this part without prior written permission of the owner of the vehicle.
1466
(b) Incidental and necessary operation of a vehicle to move the vehicle from one
1467
parking space to another within the facility and that is necessary for the normal management of
1468
the facility is not prohibited under this Subsection (5)(a).
1469
(6) A person who violates the provisions of Subsection (5) is guilty of a class C
1470
misdemeanor.
1471
(7) The division or the peace officer who seizes a vehicle shall record the mileage
1472
shown on the vehicle's odometer at the time of seizure, if:
1473
(a) the vehicle is equipped with an odometer; and
1474
(b) the odometer reading is accessible to the division or the peace officer.
1475
Section 17.
Section
41-1a-1206
is amended to read:
1476
41-1a-1206. Registration fees -- Fees by gross laden weight.
1477
(1) Except as provided in Subsection (2), at the time application is made for
1478
registration or renewal of registration of a vehicle or combination of vehicles under this
1479
chapter, a registration fee shall be paid to the division as follows:
1480
(a) $22.50 for each motorcycle;
1481
(b) $21 for each motor vehicle of 12,000 pounds or less gross laden weight, excluding
1482
motorcycles;
1483
(c) unless the semitrailer or trailer is exempt from registration under Section
41-1a-202
1484
or is registered under Section
41-1a-301
:
Text Box
- 49 -
1485
(i) $11 for each trailer or semitrailer over 750 pounds gross unladen weight; or
1486
(ii) $8.50 for each commercial trailer or commercial semitrailer of 750 pounds or less
1487
gross unladen weight;
1488
(d) (i) $33 for each farm truck over 12,000 pounds, but not exceeding 14,000 pounds
1489
gross laden weight; plus
1490
(ii) $9 for each 2,000 pounds over 14,000 pounds gross laden weight; and
1491
(e) (i) $49.50 for each motor vehicle or combination of motor vehicles, excluding farm
1492
trucks, over 12,000 pounds, but not exceeding 14,000 pounds gross laden weight; plus
1493
(ii) $18.50 for each 2,000 pounds over 14,000 pounds gross laden weight.
1494
(2) The initial registration fee for a vintage vehicle is $20.
1495
(3) If a motor vehicle is operated in combination with a semitrailer or trailer, each
1496
motor vehicle shall register for the total gross laden weight of all units of the combination if the
1497
total gross laden weight of the combination exceeds 12,000 pounds.
1498
(4) (a) Registration fee categories under this section are based on the gross laden
1499
weight declared in the licensee's application for registration.
1500
(b) Gross laden weight shall be computed in units of 2,000 pounds. A fractional part
1501
of 2,000 pounds is a full unit.
1502
(5) The owner of a commercial trailer or commercial semitrailer may, as an alternative
1503
to registering under Subsection (1)(c), apply for and obtain a special registration and license
1504
plate for a fee of $110.
1505
(6) Except as provided in Section [
41-6-163.6
]
41-6a-1642
, a truck may not be
1506
registered as a farm truck unless:
1507
(a) the truck meets the definition of a farm truck under Section
41-1a-102
; and
1508
(b) (i) the truck has a gross vehicle weight rating of more than 12,000 pounds; or
1509
(ii) the truck has a gross vehicle weight rating of 12,000 pounds or less and the owner
1510
submits to the division a certificate of emissions inspection or a waiver in compliance with
1511
Section [
41-6-163.6
]
41-6a-1642
.
1512
(7) A violation of Subsection (6) is a class B misdemeanor that shall be punished by a
1513
fine of not less than $200.
1514
(8) Trucks used exclusively to pump cement, bore wells, or perform crane services
1515
with a crane lift capacity of five or more tons, are exempt from 50% of the amount of the fees
Text Box
- 50 -
1516
required for those vehicles under this section.
1517
Section 18.
Section
41-3-303
is amended to read:
1518
41-3-303. Temporary permits -- Inspections required before issuance.
1519
(1) A dealer licensed in accordance with this chapter may not issue a temporary permit
1520
under Section
41-3-302
unless:
1521
(a) (i) the motor vehicle for which the temporary permit is issued has received and
1522
passed the safety inspection required by Section
53-8-205
within the previous six months;
1523
(ii) the safety inspection certificate was issued in the name of a licensed and bonded
1524
dealer; and
1525
(iii) a copy of the safety inspection certificate is given to the customer; and
1526
(b) the motor vehicle passed the emission inspection test required by Section
1527
[
41-6-163.6
]
41-6a-1642
.
1528
(2) Notwithstanding Subsection (1)(a), a dealer may issue a temporary permit without a
1529
safety inspection certificate if the motor vehicle complies with the safety inspection as
1530
provided in Section
41-1a-205
.
1531
(3) Notwithstanding Subsection (1)(b), a dealer may issue a temporary permit without
1532
proof of an emission inspection if:
1533
(a) the motor vehicle is exempt from emission inspection as provided in Section
1534
[
41-6-163.6
]
41-6a-1642
;
1535
(b) the purchaser is a resident of a county that does not require emission inspections; or
1536
(c) the motor vehicle is otherwise exempt from emission inspections.
1537
(4) Notwithstanding Subsection (1), a dealer may sell a motor vehicle as is without
1538
having it safety or emission inspected provided that no temporary permit is issued.
1539
Section 19.
Section
41-6a-101
, which is renumbered from Section 41-6-175 is
1540
renumbered and amended to read:
1541
CHAPTER 6a. TRAFFIC CODE
1542
Part 1. General Provisions
1543
[41-6-175]. 41-6a-101. Title.
1544
This [act may be cited as the Uniform Act Regulating Traffic on Highways.] chapter is
1545
known as the "Traffic Code."
1546
Section 20.
Section
41-6a-102
, which is renumbered from Section 41-6-1 is
Text Box
- 51 -
1547
renumbered and amended to read:
1548
[41-6-1]. 41-6a-102. Definitions.
1549
As used in this chapter:
1550
(1) "Alley" means a street or highway intended to provide access to the rear or side of
1551
lots or buildings in urban districts and not intended for through vehicular traffic.
1552
(2) "All-terrain type I vehicle" [