Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 194 First Substitute (2016GS)

Sponsor

Sen. Bramble, C.

Final action

Governor Signed 3/28/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• provides that a person operating a vehicle owned by a rental company may have in the person's possession, or display, as proof of vehicle registration or insurance, the vehicle's rental agreement; and
• provides requirements to maintain owner's or operator's security for a school bus under certain conditions.

Every vote on this bill

Bill text

VEHICLE REGISTRATION AND INSURANCE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Curtis S. Bramble
House Sponsor: 
Don L. Ipson
LONG TITLE
General Description:
This bill amends provisions related to vehicle registration and insurance.
Highlighted Provisions:
This bill:
▸ provides that a person operating a vehicle owned by a rental company may have in
the person's possession, or display, as proof of vehicle registration or insurance, the
vehicle's rental agreement; and
▸ provides requirements to maintain owner's or operator's security for a school bus
under certain conditions.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-1a-214
, as last amended by Laws of Utah 2015, Chapter 412
41-12a-301
, as last amended by Laws of Utah 2008, Chapter 36
41-12a-303.2
, as last amended by Laws of Utah 2015, Chapter 412
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-1a-214
 is amended to read:
41-1a-214.
Registration card to be signed, carried, and exhibited.
(1) A registration card shall be signed by the owner in ink in the space provided.
(2) A registration card shall be carried at all times in the vehicle to which it was issued.
(3) The person driving or in control of a vehicle shall display the registration card upon
demand of a peace officer or any officer or employee of the division.
(4) For a vehicle owned by a rental company, as defined in Section 
31A-22-311
, a
person driving or in control of the vehicle may display the vehicle's rental agreement, as
defined in Section 
31A-22-311
, in place of a registration card for compliance with Subsection
(3).
[
(4)
] 
(5)
 A violation of this section is an infraction.
Section 2. Section 
41-12a-301
 is amended to read:
41-12a-301.
Definition -- Requirement of owner's or operator's security --
Exceptions.
(1) As used in this section:
(a) "highway" has the same meaning as provided in Section 
41-1a-102
; and
(b) "quasi-public road or parking area" has the same meaning as provided in Section
41-6a-214
.
(2) Except as provided in Subsection (5):
(a) every resident owner of a motor vehicle shall maintain owner's or operator's
security in effect at any time that the motor vehicle is operated on a highway or on a
quasi-public road or parking area within the state; and
(b) every nonresident owner of a motor vehicle that has been physically present in this
state for:
(i) 90 or fewer days during the preceding 365 days shall maintain the type and amount
of owner's or operator's security required in his place of residence, in effect continuously
throughout the period the motor vehicle remains within Utah; or
(ii) more than 90 days during the preceding 365 days shall thereafter maintain owner's
or operator's security in effect continuously throughout the period the motor vehicle remains
within Utah.
(3) (a) Except as provided in Subsection (5), the state and all of its political
subdivisions and their respective departments, institutions, or agencies shall maintain owner's
or operator's security in effect continuously for their motor vehicles.
(b) Any other state is considered a nonresident owner of its motor vehicles and is
subject to Subsection (2)(b).
(4) The United States, any political subdivision of it, or any of its agencies may
maintain owner's or operator's security in effect for their motor vehicles.
(5) Owner's or operator's security is not required for any of the following:
(a) off-highway vehicles registered under Section 
41-22-3
 when operated either:
(i) on a highway designated as open for off-highway vehicle use; or
(ii) in the manner prescribed by Subsections 
41-22-10.3
(1) through (3);
(b) off-highway implements of husbandry operated in the manner prescribed by
Subsections 
41-22-5.5
(3) through (5);
(c) electric assisted bicycles as defined under Section 
41-6a-102
;
(d) motor assisted scooters as defined under Section 
41-6a-102
; [
or
]
(e) electric personal assistive mobility devices as defined under Section 
41-6a-102
[
.
]
;
or
(f) a school district, for a school bus that the school district authorizes a state entity or
political subdivision of the state to use.
(6) If a school district authorizes a state entity or political subdivision of the state to
use a school bus:
(a) the state entity or political subdivision shall maintain owner's or operator's security
during the term of the school bus use in an amount that is greater than or equal to any
governmental immunity liability limit;
(b) the state entity or the political subdivision shall indemnify and defend the school
district for any claim that arises from the school bus use including a claim directed at the
school district, unless the claim arises from the sole negligence of the school district; and
(c) if the school district maintains owner's or operator's security for the school bus
during the term of school bus use, the owner's and operator's security maintained by the state
entity or political subdivision of the state is primary to the owner's and operator's security
maintained by the school district.
Section 3. Section 
41-12a-303.2
 is amended to read:
41-12a-303.2.
Evidence of owner's or operator's security to be carried when
operating motor vehicle -- Defense -- Penalties.
(1) As used in this section:
(a) "Division" means the Motor Vehicle Division of the State Tax Commission.
(b) "Registration materials" means the evidences of motor vehicle registration,
including all registration cards, license plates, temporary permits, and nonresident temporary
permits.
(2) (a) (i) A person operating a motor vehicle shall:
(A) have in the person's immediate possession evidence of owner's or operator's
security for the motor vehicle the person is operating; and
(B) display it upon demand of a peace officer.
(ii) A person is exempt from the requirements of Subsection (2)(a)(i) if the person is
operating:
(A) a government-owned or leased motor vehicle; or
(B) an employer-owned or leased motor vehicle and is driving it with the employer's
permission.
(iii) A person operating a vehicle that is owned by a rental company, as defined in
Section 
31A-22-311
, may comply with Subsection (2)(a)(i) by having in the person's
immediate possession, or displaying, the rental vehicle's rental agreement, as defined in Section
31A-22-311
.
(b) Evidence of owner's or operator's security includes any one of the following:
(i) a copy of the operator's valid:
(A) insurance policy;
(B) insurance policy declaration page;
(C) binder notice;
(D) renewal notice; or
(E) card issued by an insurance company as evidence of insurance;
(ii) a certificate of insurance issued under Section 
41-12a-402
;
(iii) a certified copy of a surety bond issued under Section 
41-12a-405
;
(iv) a certificate of the state treasurer issued under Section 
41-12a-406
;
(v) a certificate of self-funded coverage issued under Section 
41-12a-407
; or
(vi) information that the vehicle or driver is insured from the Uninsured Motorist
Identification Database Program created under Title 41, Chapter 12a, Part 8, Uninsured
Motorist Identification Database Program.
(c) A card issued by an insurance company as evidence of owner's or operator's
security under Subsection (2)(b)(i)(E) on or after July 1, 2014, may not display the owner's or
operator's address on the card.
(d) (i) A person may provide to a peace officer evidence of owner's or operator's
security described in this Subsection (2) in:
(A) a hard copy format; or
(B) an electronic format using a mobile electronic device.
(ii) If a person provides evidence of owner's or operator's security in an electronic
format using a mobile electronic device under this Subsection (2)(d), the peace officer viewing
the owner's or operator's security on the mobile electronic device may not view any other
content on the mobile electronic device.
(iii) Notwithstanding any other provision under this section, a peace officer is not
subject to civil liability or criminal penalties under this section if the peace officer inadvertently
views content other than the evidence of owner's or operator's security on the mobile electronic
device.
(e) (i) Evidence of owner's or operator's security from the Uninsured Motorist
Identification Database Program described under Subsection (2)(b)(vi) supercedes any
evidence of owner's or operator's security described under Subsection (2)(b)(i)(D) or (E).
(ii) A peace officer may not cite or arrest a person for a violation of Subsection (2)(a) if
the Uninsured Motorist Identification Database Program created under Title 41, Chapter 12a,
Part 8, Uninsured Motorist Identification Database Program, information indicates that the
vehicle or driver is insured.
(3) It is an affirmative defense to a charge under this section that the person had
owner's or operator's security in effect for the vehicle the person was operating at the time of
the person's citation or arrest.
(4) (a) Evidence of owner's or operator's security as defined under Subsection (2)(b) or
a written statement from an insurance producer or company verifying that the person had the
required motor vehicle insurance coverage on the date specified is considered proof of owner's
or operator's security for purposes of Subsection (3) and Section 
41-12a-804
.
(b) The court considering a citation issued under this section shall allow the evidence
or a written statement under Subsection (4)(a) and a copy of the citation to be faxed or mailed
to the clerk of the court to satisfy Subsection (3).
(c) The notice under Section 
41-12a-804
 shall specify that the written statement under
Subsection (4)(a) and a copy of the notice shall be faxed or mailed to the designated agent to
satisfy the proof of owner's or operator's security required under Section 
41-12a-804
.
(5) A violation of this section is a class C misdemeanor, and the fine shall be not less
than:
(a) $400 for a first offense; and
(b) $1,000 for a second and subsequent offense within three years of a previous
conviction or bail forfeiture.
(6) Upon receiving notification from a court of a conviction for a violation of this
section, the department:
(a) shall suspend the person's driver license; and
(b) may not renew the person's driver license or issue a driver license to the person
until the person gives the department proof of owner's or operator's security.
(i) This proof of owner's or operator's security shall be given by any of the ways
required under Section 
41-12a-401
.
(ii) This proof of owner's or operator's security shall be maintained with the department
for a three-year period.
(iii) An insurer that provides a certificate of insurance as provided under Section
41-12a-402
 or 
41-12a-403
 may not terminate the insurance policy unless notice of termination
is filed with the department no later than 10 days after termination as required under Section
41-12a-404
.
(iv) If a person who has canceled the certificate of insurance applies for a license
within three years from the date proof of owner's or operator's security was originally required,
the department shall refuse the application unless the person reestablishes proof of owner's or
operator's security and maintains the proof for the remainder of the three-year period.