Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 80 (2016GS)

Sponsor

Rep. Cox, F.

Final action

House/ filed 2/18/2016 (10:52:57 AM)

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• provides that the Motor Vehicle Division or a peace officer may seize and take possession of any vehicle that is being operated on a highway without owner's or operator's security in effect for the vehicle except in certain circumstances;
• repeals the requirement that the Motor Vehicle Division or a peace officer shall seize and take possession of any vehicle that is being operated on a highway without owner's or operator's security in effect for the vehicle except in certain circumstances; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

VEHICLE IMPOUND AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Fred C. Cox
Senate Sponsor:
 Mark B. Madsen
LONG TITLE
General Description:
This bill modifies the Motor Vehicles Code by amending provisions relating to vehicle
impoundment.
Highlighted Provisions:
This bill:
▸ provides that the Motor Vehicle Division or a peace officer may seize and take
possession of any vehicle that is being operated on a highway without owner's or
operator's security in effect for the vehicle except in certain circumstances;
▸ repeals the requirement that the Motor Vehicle Division or a peace officer shall
seize and take possession of any vehicle that is being operated on a highway without
owner's or operator's security in effect for the vehicle except in certain
circumstances; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-1a-1101
, as last amended by Laws of Utah 2014, Chapter 382
41-1a-1103
, as last amended by Laws of Utah 2014, Chapter 382
41-12a-806
, as last amended by Laws of Utah 2015, Chapter 109
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-1a-1101
 is amended to read:
41-1a-1101.
Seizure -- Circumstances where permitted -- Impound lot standards.
(1) 
(a)
 The division or any peace officer, without a warrant, may seize and take
possession of any vehicle, vessel, or outboard motor:
[
(a)
] 
(i)
 that the division or the peace officer has reason to believe has been stolen;
[
(b)
] 
(ii)
 on which any identification number has been defaced, altered, or obliterated;
[
(c)
] 
(iii)
 that has been abandoned in accordance with Section 
41-6a-1408
;
[
(d)
] 
(iv)
 for which the applicant has written a check for registration or title fees that
has not been honored by the applicant's bank and that is not paid within 30 days;
[
(e)
] 
(v)
 that is placed on the water with improper registration;
[
(f)
] 
(vi)
 that is being operated on a highway:
[
(i)
] 
(A)
 with registration that has been expired for more than three months;
[
(ii)
] 
(B)
 having never been properly registered by the current owner; [
or
]
[
(iii)
] 
(C)
 with registration that is suspended or revoked; or
(D) subject to the restriction in Subsection (1)(b), without owner's or operator's security
in effect for the vehicle as required under Section 
41-12a-301
; or
[
(g) (i)
] 
(vii) (A)
 that the division or the peace officer has reason to believe has been
involved in an accident described in Section 
41-6a-401
, 
41-6a-401.3
, or 
41-6a-401.5
; and
[
(ii)
] 
(B)
 whose operator did not remain at the scene of the accident until the operator
fulfilled the requirements described in Section 
41-6a-401
 or 
41-6a-401.7
.
[
(2) (a) Subject to the restriction in Subsection (2)(b), the division or any peace officer,
without a warrant, shall seize and take possession of any vehicle that is being operated on a
highway without owner's or operator's security in effect for the vehicle as required under
Section 
41-12a-301
 unless the division or any peace officer makes a reasonable determination
that:
]
[
(i) the seizure of the vehicle would present a public safety concern to the operator or
any of the occupants in the vehicle; or
]
[
(ii) the impoundment of the vehicle would prevent the division or the peace officer
from addressing other public safety considerations.
]
(b) The division or any peace officer may not seize and take possession of a vehicle
under Subsection [
(2)(a): (i)
] 
(1)(a)(vi)(D)
 if the operator of the vehicle is not carrying
evidence of owner's or operator's security as defined in Section 
41-12a-303.2
 in the vehicle
unless the division or peace officer verifies that owner's or operator's security is not in effect for
the vehicle through the Uninsured Motorist Identification Database created in accordance with
Section 
41-12a-803
[
; or
]
.
[
(ii) if the operator of the vehicle is carrying evidence of owner's or operator's security
as defined in Section 
41-12a-303.2
 in the vehicle and the Uninsured Motorist Identification
Database created in accordance with Section 
41-12a-803
 indicates that the owner's or operator's
security is not in effect for the vehicle, unless the division or a peace officer makes a
reasonable attempt to independently verify that owner's or operator's security is not in effect for
the vehicle.
]
[
(3)
] 
(2)
 If necessary for the transportation of a seized vessel, the vessel's trailer may be
seized to transport and store the vessel.
[
(4)
] 
(3)
 Any peace officer seizing or taking possession of a vehicle, vessel, or
outboard motor under this section shall comply with the provisions of Section 
41-6a-1406
.
[
(5)
] 
(4)
 (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the commission shall make rules setting standards for public garages, impound lots, and
impound yards that may be used by peace officers and the division.
(b) The standards shall be equitable, reasonable, and unrestrictive as to the number of
public garages, impound lots, or impound yards per geographical area.
[
(6)
] 
(5)
 (a) Except as provided under Subsection [
(6)
] 
(5)
(b), a person may not operate
or allow to be operated a vehicle stored in a public garage, impound lot, or impound yard
regulated under this part without prior written permission of the owner of the vehicle.
(b) Incidental and necessary operation of a vehicle to move the vehicle from one
parking space to another within the facility and that is necessary for the normal management of
the facility is not prohibited under Subsection [
(6)
] 
(5)
(a).
[
(7)
] 
(6)
 A person who violates the provisions of Subsection [
(6)
] 
(5)
 is guilty of a
class C misdemeanor.
[
(8)
] 
(7)
 The division or the peace officer who seizes a vehicle shall record the mileage
shown on the vehicle's odometer at the time of seizure, if:
(a) the vehicle is equipped with an odometer; and
(b) the odometer reading is accessible to the division or the peace officer.
Section 2. Section 
41-1a-1103
 is amended to read:
41-1a-1103.
Sale.
(1) If the owner or lienholder of a seized vehicle, vessel, or outboard motor does not
recover the vehicle, vessel, or outboard motor within 30 days from the date of seizure, or if the
division is unable to determine the owner or lienholder through reasonable efforts, the division
shall sell the vehicle, vessel, or outboard motor.
(2) The sale shall:
(a) be held in the form of a public auction at the place of storage; and
(b) at the discretion of the division, be conducted by:
(i) an authorized representative of the division; or
(ii) a public garage, impound lot, or impound yard that:
(A) is authorized by the division;
(B) meets the standards under Subsection 
41-1a-1101
[
(5)
]
(4)
; and
(C) complies with the requirements of Section 
72-9-603
.
(3) At least five days prior to the date set for sale, the division shall publish a notice of
sale setting forth the date, time, and place of sale and a description of the vehicle, vessel, or
outboard motor to be sold:
(a) on the division's website; and
(b) as required in Section 
45-1-101
.
(4) At the time of sale the division or other person authorized to conduct the sale shall
tender to the highest bidder a certificate of sale conveying all rights, title, and interest in the
vehicle, vessel, or outboard motor.
(5) The proceeds from the sale of a vehicle, vessel, or outboard motor under this
section shall be distributed as provided under Section 
41-1a-1104
.
(6) If the owner or lienholder of a vehicle, vessel, or outboard motor seized under
Section 
41-1a-1101
 and subsequently released by the division fails to take possession of the
vehicle, vessel, or outboard motor and satisfy the amount due to the place of storage within 30
days from the date of release, the division shall renotify the owner or lienholder and sell the
vehicle, vessel, or outboard motor, in accordance with this section, 30 days from the date of the
notice.
Section 3. Section 
41-12a-806
 is amended to read:
41-12a-806.
Restricted account -- Creation -- Funding -- Interest -- Purposes.
(1) There is created within the Transportation Fund a restricted account known as the
"Uninsured Motorist Identification Restricted Account."
(2) The account consists of money generated from the following revenue sources:
(a) money received by the state under Section 
41-1a-1218
, the uninsured motorist
identification fee;
(b) money received by the state under Section 
41-1a-1220
, the registration
reinstatement fee; and
(c) appropriations made to the account by the Legislature.
(3) (a) The account shall earn interest.
(b) All interest earned on account money shall be deposited into the account.
(4) The Legislature shall appropriate money from the account to:
(a) the department to fund the contract with the designated agent;
(b) the department to offset the costs to state and local law enforcement agencies of
using the information for the purposes authorized under this part;
(c) the Tax Commission to offset the costs to the Motor Vehicle Division for revoking
and reinstating vehicle registrations under Subsection 
41-1a-110
(2)(a)(ii); and
(d) the department to reimburse a person for the costs of towing and storing the
person's vehicle if:
(i) the person's vehicle was impounded in accordance with Subsection 
41-1a-1101
[
(2)
]
(1)(a)(vi)(D)
;
(ii) the impounded vehicle had owner's or operator's security in effect for the vehicle at
the time of the impoundment;
(iii) the database indicated that owner's or operator's security was not in effect for the
impounded vehicle; and
(iv) the department determines that the person's vehicle was wrongfully impounded.
(5) The Legislature may appropriate not more than $500,000 annually from the account
to the Peace Officer Standards and Training Division, created under Section 
53-6-103
, for use
in law enforcement training, including training on the use of the Uninsured Motorist
Identification Database Program created under Title 41, Chapter 12a, Part 8, Uninsured
Motorist Identification Database Program.
(6) (a) By following the procedures in Title 63G, Chapter 4, Administrative Procedures
Act, the department shall hold a hearing to determine whether a person's vehicle was
wrongfully impounded under Subsection 
41-1a-1101
[
(2)
]
(1)(a)(vi)(D)
.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division shall make rules establishing procedures for a person to apply for a reimbursement
under Subsection (4)(d).
(c) A person is not eligible for a reimbursement under Subsection (4)(d) unless the
person applies for the reimbursement within six months from the date that the motor vehicle
was impounded.
Legislative Review Note
Office of Legislative Research and General Counsel