Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 97 (2018GS)

Sponsor

Sen. Thatcher, D.

Final action

Governor Signed 3/16/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies the penalties for operating a motor vehicle without proof of security; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

DRIVING WITHOUT INSURANCE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Daniel W. Thatcher
House Sponsor: 
Lee B. Perry
LONG TITLE
General Description:
This bill amends provisions related to security while operating a motor vehicle.
Highlighted Provisions:
This bill:
▸ modifies the penalties for operating a motor vehicle without proof of security; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-12a-303.2
, as last amended by Laws of Utah 2017, Chapter 416
Be it enacted by the Legislature of the state of Utah:
Section 1. 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 or in an administrative action 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) The following are considered proof of owner's or operator's security for
purposes of Subsection (3) and Section 
41-12a-804
:
(i) evidence defined in Subsection (2)(b);
(ii) a written statement from an insurance producer or company verifying that the
person had the required motor vehicle insurance coverage on the date specified; or
(iii) a written statement from an insurance producer or company, or provision in an
insurance policy, indicating that the policy provides coverage for a newly purchased car and the
coverage extended to the date specified.
(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 an infraction, 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.
]
(5) (a) A person who is convicted of violating Subsection (2)(a)(i):
(i) is guilty of an infraction for a first offense and subject to a fine of not less than
$400; and
(ii) is guilty of a class C misdemeanor for each offense subsequent to the first offense
that is committed within three years after the day on which the person commits the first offense
and subject to a fine of not less than $1,000.
(b) A court may waive up to $300 of a fine charged under Subsection (5)(a) if the
person demonstrates that the owner's or operator's security required under Section 
41-12a-301
was obtained after the violation but before sentencing.
(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.