Rep. Norm Thurston — Voting Record

Utah House District 62 · complete roll-call record from le.utah.gov
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Bill

Towing Modifications
Number
H.B. 261 (2025GS)
Sponsor
Rep. Maloy, A. Cory
Final action
Governor Signed 3/26/2025
Outcome
Became law — signed by Gov. Spencer J. Cox

Summary

This bill amends provisions related to the towing and impoundment of vehicles.

What it does

  • This bill:
  • amends provisions related to impounded or towed vehicles to allow a state impound yard or tow yard to release a vehicle to certain individuals beside the owner if certain requirements are met;
  • requires a private property owner who contracts with a tower to patrol a parking lot to publish information about the agreement with the tower for the public to view;
  • allows signage for towing and parking restrictions to remain valid if the signage substantially conforms with the statutory standards;
  • requires a tow truck motor carrier or impound yard to allow an individual to remove personal items from a vehicle if the individual has paid the towing fee;
  • requires a tow truck motor carrier to provide to the Department of Transportation information about each towing dispatch rotation that includes the tow truck motor carrier;
  • allows the Department of Transportation to require the removal from a towing dispatch rotation a tow truck motor carrier that has violated relevant towing laws and regulations;
  • prohibits a local government from imposing a maximum rate that deviates from the towing rates established by the Department of Transportation in administrative rule; and
  • makes technical changes.

Every vote on this bill

2/18/2025House Comm - Substitute Recommendation
House Transportation Committee
9-0-3YEA
2/18/2025House Comm - Amendment Recommendation
House Transportation Committee
10-0-2YEA
2/18/2025House Comm - Favorable Recommendation
House Transportation Committee
10-0-2YEA
2/25/2025House/ floor amendment
House 3rd Reading Calendar for House bills
0-0-75not eligible / no record
2/25/2025House/ passed 3rd reading
Senate Secretary
66-0-9YEA
2/28/2025Senate Comm - Amendment Recommendation
Senate Transportation, Public Utilities, Energy, and Technology Committee
6-0-2not eligible / no record
2/28/2025Senate Comm - Favorable Recommendation
Senate Transportation, Public Utilities, Energy, and Technology Committee
7-0-1not eligible / no record
3/7/2025House/ circled
House Concurrence Calendar
0-0-75not eligible / no record
3/7/2025House/ uncircled
House Concurrence Calendar
0-0-75not eligible / no record
3/7/2025House/ concurs with Senate amendment
Senate President
66-0-9YEA
3/7/2025Senate/ circled
Senate 2nd Reading Calendar
0-0-29not eligible / no record
3/7/2025Senate/ uncircled
Senate 2nd Reading Calendar
0-0-29not eligible / no record
3/7/2025Senate/ passed 2nd & 3rd readings/ suspension
Clerk of the House
27-0-2not eligible / no record

Bill text

enrolled version · official source
12
41-6a-1406
72-9-601
72-9-602
72-9-603
72-9-604
41-6a-1406
72-9-601
72-9-602
72-9-603
72-9-604
0
Towing Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: A. Cory Maloy
Senate Sponsor: Wayne A. Harper
LONG TITLE
General Description:
This bill amends provisions related to the towing and impoundment of vehicles.
Highlighted Provisions:
This bill:
amends provisions related to impounded or towed vehicles to allow a state impound yard 
or tow yard to release a vehicle to certain individuals beside the owner if certain 
requirements are met;
requires a private property owner who contracts with a tower to patrol a parking lot to 
publish information about the agreement with the tower for the public to view;
allows signage for towing and parking restrictions to remain valid if the signage 
substantially conforms with the statutory standards;
requires a tow truck motor carrier or impound yard to allow an individual to remove 
personal items from a vehicle if the individual has paid the towing fee;
requires a tow truck motor carrier to provide to the Department of Transportation 
information about each towing dispatch rotation that includes the tow truck motor 
carrier;
allows the Department of Transportation to require the removal from a towing dispatch 
rotation a tow truck motor carrier that has violated relevant towing laws and regulations;
prohibits a local government from imposing a maximum rate that deviates from the 
towing rates established by the Department of Transportation in administrative rule; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
41-6a-1406
, as last amended by Laws of Utah 2024, Chapters 134, 319 and 380
72-9-601
, as last amended by Laws of Utah 2017, Chapter 298
72-9-602
, as last amended by Laws of Utah 2017, Chapter 298
72-9-603
, as last amended by Laws of Utah 2024, Chapter 134
72-9-604
, as last amended by Laws of Utah 2024, Chapter 134
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
41-6a-1406
 is amended to read:
41-6a-1406
. Removal and impoundment of vehicles -- Reporting and notification 
requirements -- Administrative impound fee -- Refunds -- Possessory lien -- Rulemaking.
(1)
If a vehicle, vessel, or outboard motor is impounded as provided under Section 
41-1a-1101
, 
41-6a-210
, 
41-6a-527
, 
41-6a-1405
, 
41-6a-1408
, or 
73-18-20.1
 by an order 
of a peace officer or by an order of a person acting on behalf of a law enforcement 
agency or highway authority, the impoundment of the vehicle, vessel, or outboard motor 
shall be at the expense of the owner.
(2)
The vehicle, vessel, or outboard motor under Subsection (1) shall be impounded to a 
state impound yard.
(3)
The peace officer may move a vehicle, vessel, or outboard motor or cause it to be 
removed by a tow truck motor carrier that meets standards established:
(a)
under Title 72, Chapter 9, Motor Carrier Safety Act; and
(b)
by the department under Subsection (11).
(4)
(a)
A report described in this Subsection (4) is required for a vehicle, vessel, or 
outboard motor that is impounded as described in Subsection (1).
(b)
Before noon on the next business day after the date of the removal of the vehicle, 
vessel, or outboard motor, a report of the impoundment shall be sent to the Motor 
Vehicle Division, in an electronic format approved by the Motor Vehicle Division, 
by:
(i)
the peace officer or agency by whom the peace officer is employed; and
(ii)
the tow truck operator or the tow truck motor carrier by whom the tow truck 
operator is employed.
(c)
The report shall be in a form specified by the Motor Vehicle Division and shall 
include:
(i)
the operator's name, if known;
(ii)
a description of the vehicle, vessel, or outboard motor;
(iii)
the vehicle identification number or vessel or outboard motor identification 
number;
(iv)
the case number designated by the peace officer, law enforcement agency 
number, or government entity;
(v)
the license number, temporary permit number, or other identification number 
issued by a state agency;
(vi)
the date, time, and place of impoundment;
(vii)
the reason for removal or impoundment;
(viii)
the name of the tow truck motor carrier who removed the vehicle, vessel, or 
outboard motor; and
(ix)
the place where the vehicle, vessel, or outboard motor is stored.
(d)
(i)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, 
the State Tax Commission shall make rules to establish proper format and 
information required on the form described in this Subsection (4).
(ii)
The State Tax Commission shall ensure that the form described in this Subsection 
(4) is provided in an electronic format.
(e)
Until the tow truck operator or tow truck motor carrier reports the removal as 
required under this Subsection (4), a tow truck motor carrier or impound yard may 
not:
(i)
collect any fee associated with the removal; and
(ii)
begin charging storage fees.
(5)
(a)
A report described in this Subsection (5) is required for any vehicle, vessel, or 
outboard motor that is removed, except for:
(i)
a vehicle, vessel, or outboard motor that is impounded for a reason described in 
Subsection (1); or
(ii)
a vehicle, vessel, or outboard motor for which a removal is performed in 
accordance with Section 
72-9-603
.
(b)
For a removal described in Subsection (5)(a), the relevant law enforcement officer 
shall provide documentation to the tow truck operator or tow truck motor carrier that 
includes:
(i)
the name and badge number of the peace officer;
(ii)
the name and originating agency identifier of the law enforcement agency; and
(iii)
the case number designated by the law enforcement officer or law enforcement 
agency.
(c)
For a removal described in Subsection (5)(a), before noon on the next business day 
following the date of the removal of the vehicle, vessel, or outboard motor, the tow 
truck operator or tow truck motor carrier shall send to the Motor Vehicle Division in 
an electronic format approved by the Motor Vehicle Division:
(i)
the report described in Subsection (4); or
(ii)
the report described in Subsection (5)(d).
(d)
For a removal described in Subsection (5)(a), if the tow truck operator or tow truck 
motor carrier does not provide the report described in Subsection (4), the tow truck 
operator or tow truck motor carrier shall provide a report to the Motor Vehicle 
Division that includes:
(i)
the name and badge number of the relevant peace officer;
(ii)
the name and originating agency identifier of the law enforcement agency;
(iii)
the law enforcement agency case number;
(iv)
subject to Subsection (5)(e), the vehicle identification number and the license 
number, temporary permit number, or other identification number issued by a 
state agency;
(v)
the date and time of the removal of the vehicle, vessel, or outboard motor; and
(vi)
the reason for the removal of the vehicle, vessel, or outboard motor.
(e)
If either the vehicle identification number or the license number, temporary permit 
number, or other identification number issued by a state agency is not available, the 
report shall include:
(i)
as much information as is available from both the vehicle identification number 
and the license plate number of the vehicle, vessel, or outboard motor; and
(ii)
a description of the vehicle, vessel, or outboard motor, including the color, make, 
model, and model year of the vehicle, vessel, or outboard motor.
(f)
Until the tow truck operator or tow truck motor carrier reports the removal as 
required under this Subsection (5), a tow truck motor carrier may not:
(i)
collect any fee associated with the removal; or
(ii)
begin charging storage fees.
(g)
A vehicle, vessel, or outboard motor removed under this Subsection (5) shall be 
removed to:
(i)
a state impound yard; or
(ii)
a location that has been requested by the registered owner at the time of removal, 
if payment is made to the tow truck motor carrier or tow truck operator at the time 
of removal.
(h)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 
State Tax Commission may make rules to establish proper format and information 
required on the form described in 
Subsection (5)(e)
Subsection (5)(d)
, including 
submission in an electronic format.
(6)
(a)
Except as provided in Subsection (6)(d) and upon receipt of a report described in 
Subsection (4) or (5), the Motor Vehicle Division shall give notice, in the manner 
described in Section 
41-1a-114
, to the following parties with an interest in the 
vehicle, vessel, or outboard motor, as applicable:
(i)
the registered owner;
(ii)
any lien holder; or
(iii)
a dealer, as defined in Section 
41-1a-102
, if the vehicle, vessel, or outboard 
motor is currently operating under a temporary permit issued by the dealer, as 
described in Section 
41-3-302
.
(b)
The notice shall:
(i)
state the date, time, and place of removal, the name, if applicable, of the person 
operating the vehicle, vessel, or outboard motor at the time of removal, the reason 
for removal, and the place where the vehicle, vessel, or outboard motor is stored;
(ii)
state that the registered owner is responsible for payment of towing, impound, 
and storage fees charged against the vehicle, vessel, or outboard motor;
(iii)
state the conditions that must be satisfied before the vehicle, vessel, or outboard 
motor is released; and
(iv)
inform the parties described in Subsection (6)(a) of the division's intent to sell the 
vehicle, vessel, or outboard motor, if, within 30 days after the day of the removal 
or impoundment under this section, one of the parties fails to make a claim for 
release of the vehicle, vessel, or outboard motor.
(c)
Except as provided in Subsection (6)(d) and if the vehicle, vessel, or outboard motor 
is not registered in this state, the Motor Vehicle Division shall make a reasonable 
effort to notify the parties described in Subsection (6)(a) of the removal and the place 
where the vehicle, vessel, or outboard motor is stored.
(d)
The Motor Vehicle Division is not required to give notice under this Subsection (6) 
if a report was received by a tow truck operator or tow truck motor carrier reporting a 
tow truck service in accordance with Subsection 
72-9-603
(1)(a)(i).
(e)
(i)
The Motor Vehicle Division shall disclose the information in the report 
described in Subsection (4) and Subsection 
72-9-603
(1)(a)(i) to a designated agent 
as defined in Section 
41-12a-802
 regarding a tow that was initiated:
(A)
by law enforcement; or
(B)
without the vehicle owner's consent.
(ii)
The Motor Vehicle Division may rely on the information provided by the tow 
truck operator or tow truck motor carrier to determine if a tow meets the criteria 
described in Subsections (6)(e)(i)(A) and (B).
(iii)
The designated agent may disclose information received regarding a tow 
described in Subsections (6)(e)(i)(A) and (B) to the vehicle owner and to the 
vehicle owner's verified insurance company.
(iv)
The designated agent may not disclose information to a vehicle owner's 
insurance company if the tow does not meet the criteria described in Subsections 
(6)(e)(i)(A) and (B).
(7)
(a)
The vehicle, vessel, or outboard motor impounded or removed to a state impound 
yard as described in this section shall be released after a party described in 
Subsection (6)(a)
 or (7)(f)
:
(i)
makes a claim for release of the vehicle, vessel, or outboard motor at any office of 
the State Tax Commission;
(ii)
presents identification sufficient to prove ownership of the impounded or 
removed vehicle, vessel, or outboard motor;
(iii)
completes the registration, if needed, and pays the appropriate fees;
(iv)
if the impoundment was made under Section 
41-6a-527
 or Subsection 
41-1a-1101
(3), pays:
(A)
an administrative impound fee of $425; and
(B)
in addition to the administrative fee described in Subsection 
(6)(a)(iv)(A)
(7)(a)(iv)(A)
, an administrative testing fee of $30; and
(v)
pays all towing and storage fees to the place where the vehicle, vessel, or 
outboard motor is stored.
(b)
(i)
$29
Twenty-nine dollars
 of the administrative impound fee assessed under 
Subsection (7)(a)(iv)(A) shall be dedicated credits to the Motor Vehicle Division.
(ii)
One-hundred and forty-seven dollars of the administrative impound fee assessed 
under Subsection (7)(a)(iv)(A) shall be deposited into the Department of Public 
Safety Restricted Account created in Section 
53-3-106
.
(iii)
Twenty dollars of the administrative impound fee assessed under Subsection 
(7)(a)(iv)(A) shall be deposited into the Brain and Spinal Cord Injury Fund 
created in Section 
26B-1-318
.
(iv)
After the distributions described in Subsections 
(7)(b)(i)
 through (iii), the 
remainder of the administrative impound fee assessed under Subsection 
(7)(a)(iv)(A) shall be deposited into the General Fund.
(v)
The administrative testing fee described in Subsection 
(6)(a)(iv)(B)
(7)(a)(iv)(B)
shall be deposited into the State Laboratory Drug Testing Account created in 
Section 
26B-1-304
.
(c)
The administrative impound fee and the administrative testing fee assessed under 
Subsection (7)(a)(iv) shall be waived or refunded by the State Tax Commission if the 
registered owner, lien holder, or owner's agent presents written evidence to the State 
Tax Commission that:
(i)
the Driver License Division determined that the arrested person's driver license 
should not be suspended or revoked under Section 
53-3-223
 or 
41-6a-521
 as 
shown by a letter or other report from the Driver License Division presented 
within 180 days after the day on which the Driver License Division mailed the 
final notification; or
(ii)
the vehicle was stolen at the time of the impoundment as shown by a copy of the 
stolen vehicle report presented within 180 days after the day of the impoundment.
(d)
A tow truck operator, a tow truck motor carrier, and an impound yard shall accept 
payment by cash and debit or credit card for a removal or impoundment under 
Subsection (1) or any service rendered, performed, or supplied in connection with a 
removal or impoundment under Subsection (1).
(e)
The owner of an impounded vehicle may not be charged a fee for the storage of the 
impounded vehicle, vessel, or outboard motor if:
(i)
the vehicle, vessel, or outboard motor is being held as evidence; and
(ii)
the vehicle, vessel, or outboard motor is not being released to a party described in 
Subsection (6)(a), even if the party satisfies the requirements to release the 
vehicle, vessel, or outboard motor under this Subsection (7).
(f)
In addition to the parties described in Subsection 
(6)(a)
, the vehicle, vessel, or 
outboard motor impounded or removed to a state impound yard as described in this 
section shall be released to an individual that is not described in Subsection 
(6)(a)
 if 
the individual:
(i)
(A)
satisfies the requirements of Subsections 
(7)(a)(i)
 and (7)(a)(iii) through (v);
(B)
presents the individual's driver license or other government-issued 
identification; and
(C)
demonstrates that the individual has authority granted by a person described in 
Subsection 
(6)(a)
 to obtain and operate the vehicle; or
(ii)
is a tow truck operator or tow truck motor carrier that:
(A)
demonstrates that the tow truck operator or tow truck motor carrier has 
authority granted by a person described in Subsection (6)(a) to obtain and 
operate the vehicle, vessel, or outboard motor;
(B)
provides a towing certificate issued by the Department of Transportation 
pursuant to Section 
72-9-602
;
(C)
pays all towing and storage fees; and
(D)
obtains or presents an impound release for the vehicle, vessel, or outboard 
motor pursuant to Subsection 
(7)(a)
.
(8)
(a)
For an impounded or a removed vehicle, vessel, or outboard motor not claimed by 
a party described in Subsection (6)(a) 
or (7)(f) 
within the time prescribed by Section 
41-1a-1103
, the Motor Vehicle Division shall issue a certificate of sale for the 
impounded or removed vehicle, vessel, or outboard motor as described in Section 
41-1a-1103
.
(b)
The date of impoundment or removal is considered the date of seizure for computing 
the time period provided under Section 
41-1a-1103
.
(9)
A party described in Subsection (6)(a) that pays all fees and charges incurred in the 
impoundment or removal of the owner's vehicle, vessel, or outboard motor has a cause 
of action for all the fees and charges, together with damages, court costs, and attorney 
fees, against the operator of the vehicle, vessel, or outboard motor whose actions caused 
the removal or impoundment.
(10)
(a)
As used in this Subsection (10), "life essential item" means the same as that term 
is defined in Subsection 
72-9-603(13)
.
(b)
Towing, impound fees, and storage fees are a possessory lien on the vehicle, vessel, 
or outboard motor.
(c)
Towing fees are a possessory lien on the vehicle, vessel, or outboard motor and any 
nonlife essential items contained in the vehicle, vessel, or outboard motor.
(d)
Except for a vehicle, vessel, or outboard motor being held as evidence, a tow truck 
operator, a tow truck motor carrier, or an impound yard shall allow a person 
described in Subsection 
(6)(a)
 or an individual described in Subsection (7)(f)(i) to 
take possession of any life essential item within the vehicle, vessel, or outboard 
motor during normal business hours regardless of whether the towing, impound fees, 
or storage fees have been paid.
(e)
Except for a vehicle, vessel, or outboard motor being held as evidence, upon 
payment of the towing fee, a tow truck operator, a tow truck motor carrier, or an 
impound yard shall allow a person described in Subsection (6)(a) or an individual 
described in Subsection 
(7)(f)(i)
 to enter the vehicle, vessel, or outboard motor during 
normal business hours and remove personal property not attached to the vehicle, 
vessel, or outboard motor.
(11)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 
department shall make rules setting the performance standards for towing companies to 
be used by the department.
(12)
(a)
The Motor Vehicle Division may specify that a report required under Subsection 
(4) be submitted in electronic form utilizing a database for submission, storage, and 
retrieval of the information.
(b)
(i)
Unless otherwise provided by statute, the Motor Vehicle Division or the 
administrator of the database may adopt a schedule of fees assessed for utilizing 
the database.
(ii)
The fees under this Subsection (12)(b) shall:
(A)
be reasonable and fair; and
(B)
reflect the cost of administering the database.
Section 2, Section 
72-9-601
 is amended to read:
72-9-601
. Tow truck motor carrier requirements -- Authorized towing 
certificates.
(1)
In addition to the requirements of this chapter, a tow truck motor carrier shall:
(a)
ensure that all the tow truck motor carrier's tow truck operators are properly:
(i)
trained to operate tow truck equipment;
(ii)
licensed, as required under 
Title 53, Chapter 3, Uniform Driver License Act
; and
(iii)
complying with the requirements under Sections 
41-6a-1406
 and 
72-9-603
;
(b)
ensure that all the tow truck motor carrier's tow truck operators:
(i)
have cleared the criminal background check required in Subsections 
72-9-602(2)
and 
(3)
; and
(ii)
obtain and maintain a valid medical examiner's certificate under 49 C.F.R. Sec. 
391.45;
and
(c)
obtain and display a current authorized towing certificate for the tow truck motor 
carrier, and each tow truck and tow truck operator, as required under Section 
72-9-602
.
; and
(d)
provide to the department, at least once per calendar quarter, information indicating 
each towing entity dispatch and rotation service of which the tow truck motor carrier 
is part.
(2)
A tow truck motor carrier may only perform a towing service described in Section 
41-6a-1406
, 
41-6a-1407
, or 
72-9-603
, with a tow truck and tow truck operator that has a 
current authorized towing certificate under this part.
Section 3, Section 
72-9-602
 is amended to read:
72-9-602
. Towing inspections, investigations, and certification -- Equipment 
requirements -- Consumer information.
(1)
(a)
The department shall inspect, investigate, and certify tow truck motor carriers, 
tow trucks, and tow truck operators to ensure compliance with this chapter and 
compliance with Sections 
41-6a-1406
 and 
41-6a-1407
.
(b)
The inspection, investigation, and certification shall be conducted prior to any tow 
truck operation and at least every two years thereafter.
(c)
(i)
The department shall issue an authorized towing certificate for each tow truck 
motor carrier, tow truck, and tow truck operator that complies with this part and 
rules made by the department in accordance with Subsection 
(6)
.
(ii)
The authorized towing certificate described in this section shall expire two years 
from the month of issuance.
(d)
The department may charge a biennial fee established under Section 
63J-1-504
 to 
cover the cost of the inspection, investigation, and certification required under this 
part.
(2)
(a)
To qualify for an authorized towing certificate described in Subsection 
(1)
, a tow 
truck operator shall:
(i)
submit to a fingerprint-based criminal background check, as described in 
Subsection 
(3)
; and
(ii)
obtain and maintain a valid medical examiner's certificate under 49 C.F.R. Sec. 
391.45.
(b)
For each tow truck operator employed, a tow truck motor carrier shall:
(i)
maintain records of the updated background checks and a valid medical 
examiner's certificate, as required under this section; and
(ii)
biennially, make the records described in Subsection 
(2)(b)(i)
 available to the 
department.
(3)
(a)
Before a tow truck motor carrier may hire an individual as a tow truck operator 
and receive an authorized towing certificate from the department as required in 
Subsection 
(2)
, the tow truck motor carrier shall require the individual to submit to 
the Department of Public Safety:
(i)
a fingerprint card in a form acceptable to the Department of Public Safety; and
(ii)
consent to a state and regional fingerprint background check by the Bureau of 
Criminal Identification.
(b)
The Bureau of Criminal Identification shall:
(i)
check the fingerprints submitted under this section against the applicable state and 
regional criminal records databases;
(ii)
report the results of the background check to the requesting tow truck motor 
carrier;
(iii)
maintain a separate file of fingerprints submitted under this part for search by 
future submissions to the local and regional criminal records databases, including 
latent prints; and
(iv)
establish a privacy risk mitigation strategy to ensure that the entity only receives 
notifications for the individuals with whom the entity maintains an authorizing 
relationship.
(c)
(i)
Except for an individual hired as a tow truck operator before July 1, 2017, the 
department shall deny an individual's authorized towing certification, and the 
individual may not operate a tow truck in this state, if the individual has been 
convicted of any felony offense within the previous two years. 
(ii)
The department may deny or revoke the authorized towing certification of a tow 
truck motor carrier that employs an individual who fails to comply with the 
background check required in this section.
(4)
The department shall make available to the public electronically accessible consumer 
protection information, including a list of all tow truck motor carriers that are currently 
certified by the department.
(5)
The department may deny a tow truck motor carrier's certification if the department has 
evidence that a tow truck motor carrier's tow truck operator fails to provide copies of the 
Utah Consumer Bill of Rights Regarding Towing to vehicle owners, as required under 
Section 
72-9-603
.
(6)
(a)
If the department determines that a tow truck motor carrier has violated a 
provision of this part or an administrative rule made pursuant to this part, the 
department may:
(i)
deny or revoke a tow truck motor carrier's certification under this part;
(ii)
impose a civil penalty up to $2,000 for each violation; and
(iii)
require the removal of the tow truck motor carrier from a towing dispatch 
rotation as described in Section 
72-9-604
.
(b)
If the department requires the removal of a tow truck motor carrier from a towing 
dispatch rotation, contract, or request for proposal as described in Section 
72-9-604
, 
the department shall:
(i)
notify the Department of Public Safety and any relevant towing entity, as that term 
is defined in Section 
72-9-604
, of the removal; and
(ii)
notify the tow truck motor carrier of the removal.
(c)
A notice described in Subsection 
(6)(b)
 shall:
(i)
identify the tow truck motor carrier; and
(ii)
specify how long the tow truck motor carrier is required to be removed from the 
towing dispatch rotation.
(6)
(7)
In accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the 
department shall make rules governing the inspection, investigation, and certification 
procedures described in this section.
Section 4, Section 
72-9-603
 is amended to read:
72-9-603
. Towing notice requirements -- Cost responsibilities -- Abandoned 
vehicle title restrictions -- Rules for maximum rates and certification.
(1)
Except for a tow truck service that was ordered by a peace officer, a person acting on 
behalf of a law enforcement agency, or a highway authority, after performing a tow 
truck service that is being done without the vehicle, vessel, or outboard motor owner's 
knowledge, the tow truck operator or the tow truck motor carrier shall:
(a)
immediately upon arriving at the place of storage or impound of the vehicle, vessel, 
or outboard motor:
(i)
provide relevant information to the impound vehicle service system database 
administered by the Motor Vehicle Division, including:
(A)
the date and time of the removal of the vehicle, vessel, or outboard motor;
(B)
a description of the vehicle, vessel, or outboard motor; and
(C)
the vehicle identification number or vessel or outboard motor identification 
number; and
(ii)
contact the law enforcement agency having jurisdiction over the area where the 
vehicle, vessel, or outboard motor was picked up and notify the agency of the:
(A)
location of the vehicle, vessel, or outboard motor;
(B)
date, time, and location from which the vehicle, vessel, or outboard motor was 
removed;
(C)
reasons for the removal of the vehicle, vessel, or outboard motor;
(D)
person who requested the removal of the vehicle, vessel, or outboard motor; 
and
(E)
description, including the identification number, license number, or other 
identification number issued by a state agency, of the vehicle, vessel, or 
outboard motor;
(b)
except for a vehicle, vessel, or outboard motor that has been retrieved by the owner 
or operator, 
within two business days of performing the tow truck service under 
Subsection (1)(a), send a certified letter to the last-known address of each party 
described in Subsection 
41-6a-1406
(6)(a) with an interest in the vehicle, vessel, or 
outboard motor obtained from the Motor Vehicle Division or, if the person has actual 
knowledge of the party's address, to the current address, notifying the party of the:
(i)
location of the vehicle, vessel, or outboard motor;
(ii)
date, time, and location from which the vehicle, vessel, or outboard motor was 
removed;
(iii)
reasons for the removal of the vehicle, vessel, or outboard motor;
(iv)
person who requested the removal of the vehicle, vessel, or outboard motor;
(v)
a description, including its identification number and license number or other 
identification number issued by a state agency; and
(vi)
costs and procedures to retrieve the vehicle, vessel, or outboard motor; and
(c)
upon initial contact with the owner 
or operator 
whose vehicle, vessel, or outboard 
motor was removed, provide the owner
 or operator
 with a copy of the Utah 
Consumer Bill of Rights Regarding Towing established by the department in 
Subsection (16)(e).
(2)
Until the tow truck operator or tow truck motor carrier reports the information required 
under Subsection (1)(a), a tow truck operator, tow truck motor carrier, or impound yard 
may not:
(a)
collect any fee associated with the removal; or
(b)
begin charging storage fees.
(3)
(a)
Except as provided in Subsection (3)(b) or (9), a tow truck operator or tow truck 
motor carrier may not perform a tow truck service at the request or direction of a 
private property owner or the property owner's agent unless:
(i)
the owner or a lien holder of the vehicle, vessel, or outboard motor consents to the 
tow truck service; or
(ii)
the property owner erects signage that meets the requirements of:
(A)
Subsection (4)(b)(ii); and
(B)
Subsection (7) or (8).
(b)
Subsections (7) through (9) do not apply to the removal of a vehicle, vessel, or 
outboard motor:
(i)
from a location where parking is prohibited by law, including:
(A)
a designated fire lane;
(B)
within 15 feet of a fire hydrant, unless the vehicle is parked in a marked 
parking stall or space; or
(C)
a marked parking stall or space legally designated for disabled persons;
(ii)
from a location where it is reasonably apparent that the location is not open to 
parking;
(iii)
from a location where all public access points are controlled by:
(A)
a permanent gate, door, or similar feature allowing the vehicle to access the 
facility; or
(B)
a parking attendant;
(iv)
from a location that materially interferes with access to private property;
(v)
from the property of a detached single-family dwelling or duplex; or
(vi)
pursuant to a legal repossession.
(4)
(a)
A private property owner may, subject to the requirements of a local ordinance, 
enforce parking restrictions by:
(i)
authorizing a tow truck motor carrier to patrol and monitor the property and 
enforce parking restrictions on behalf of the property owner in accordance with 
Subsection (7);
(ii)
enforcing parking restrictions as needed by requesting a tow from a tow truck 
motor carrier on a case-by-case basis in accordance with Subsection (8); or
(iii)
requesting a tow from a tow truck motor carrier after providing 24-hour written 
notice in accordance with Subsection (9).
(b)
(i)
Any agreement between a private property owner and tow truck motor carrier 
authorizing the tow truck motor carrier to patrol and monitor the property under 
Subsection (4)(a)(i) shall include specific terms and conditions for the tow truck 
motor carrier to remove a vehicle, vessel, or outboard motor from the property.
(ii)
In addition to the signage described in Subsection (7) or (8), a private property 
owner who allows public parking shall erect appropriate signage on the property 
indicating clear instructions for parking at the property.
(iii)
Where a single parking area includes abutting parcels of property owned by two 
or more private property owners who enforce different parking restrictions under 
Subsection (7) or (8), each property owner shall, in addition to the requirements 
under Subsection (7) or (8), erect signage as required by this section:
(A)
at each entrance to the property owner's parcel from another property owner's 
parcel; and
(B)
if there is no clearly defined entrance between one property owner's parcel and 
another property owner's parcel, at intervals of 40 feet or less along the line 
dividing the property owner's parcel from the other property owner's parcel.
(iv)
Where there is no clearly defined entrance to a parking area from a highway, the 
property owner shall erect signage as required by this section at intervals of 40 
feet or less along any portion of a property line where a vehicle, vessel, or 
outboard motor may enter the parking area.
(5)
Nothing in Subsection (3) or (4) restricts the ability of a private property owner from, 
subject to the provisions of this section, instituting and enforcing regulations for parking 
at the property.
(6)
In addition to any other powers provided by law, a political subdivision or state agency 
may:
(a)
enforce parking restrictions in accordance with Subsections (7) through (9) on 
property that is:
(i)
owned by the political subdivision or state agency;
(ii)
located outside of the public right-of-way; and
(iii)
open to public parking; and
(b)
request or direct a tow truck service in order to abate a public nuisance on private 
property over which the political subdivision or state agency has jurisdiction.
(7)
For private property where parking is enforced under Subsection (4)(a)(i), the property 
owner shall ensure that each entrance to the property has 
the following 
signs located 
on the property and clearly visible to the driver of a vehicle entering the property
 that 
substantially comply with the following, as determined by the department
:
(a)
a top sign that is 24 inches tall by 18 inches wide and has:
(i)
a blue, reflective background with a 1/2 inch white border;
(ii)
two-inch, white letters at the top of the sign with the capitalized words "Lot is 
Patrolled";
(iii)
a white towing logo that is six inches tall and 16 inches wide that depicts an 
entire tow truck, a tow hook, and an entire vehicle being towed; and
(iv)
two-inch, white letters at the bottom of the sign with the capitalized words 
"Towing Enforced"; and
(b)
a bottom sign that is 24 inches tall by 18 inches wide with a 1/2 inch white, reflective 
border, and has:
(i)
a top half that is red background with white, reflective letters indicating:
(A)
who is authorized to park or restricted from parking at the property; and
(B)
any type of vehicle prohibited from parking at the property; and
(ii)
a bottom half that has a white, reflective background with red letters indicating:
(A)
the name and telephone number of the tow truck motor carrier that the 
property owner has authorized to patrol the property; and
(B)
the Internet web address "tow.utah.gov".
(8)
(a)
For private property where parking is enforced under Subsection (4)(a)(ii):
(a)
(i)
a tow truck motor carrier may not:
(i)
(A)
patrol and monitor the property;
(ii)
(B)
perform a tow truck service without the written or verbal request of the 
property owner or the property owner's agent; or
(iii)
(C)
act as the property owner's agent to request a tow truck service
; and
.
(b)
For private property where parking is enforced under Subsection 
(4)(a)(ii)
, 
the 
property owner shall ensure that each entrance to the property has a clearly visible 
sign located on the property that
 substantially follows the following format, as 
determined by the department:
(i)
the sign 
is 24 inches tall by 18 inches wide with a 1/2 inch white, reflective 
border, and has:
(i)
(A)
at the top of the sign, a blue background with a white, reflective towing 
logo that is at least four inches tall and 16 inches wide that depicts an entire 
tow truck, a tow hook, and an entire vehicle being towed;
(ii)
(B)
immediately below the towing logo described in Subsection 
(8)(b)(i)
(8)(b)(i)(A)
, a blue background with white, reflective letters at least two inches 
tall with the capitalized words "Towing Enforced";
(iii)
(C)
in the middle of the sign, a red background with white, reflective letters 
at least one inch tall indicating
:
(A)
who is authorized to park or restricted from parking at the property
;
,
 and
(B)
any type of vehicle prohibited from parking at the property; and
(iv)
(ii)
at the bottom of the sign, a white, reflective background with red letters at 
least one inch tall indicating:
(A)
either
:
(I)
the name and telephone number of the property owner or the property 
owner's agent who is authorized to request a tow truck service
;
,
 or
(II)
the name and telephone number of the tow truck motor carrier that 
provides tow truck services for the property; and
(B)
the Internet web address "tow.utah.gov".
(c)
If a dispute arises regarding whether a sign required under this section substantially 
complies with the requirements of this section, the department shall determine 
whether the sign substantially complies.
(9)
(a)
For private property without signage 
substantially 
meeting the requirements of 
Subsection (7) or (8), 
as determined by the department, 
the property owner may 
request a tow truck motor carrier to remove a vehicle, vessel, or outboard motor from 
the private property 24 hours after the property owner or the property owner's agent 
affixes a written notice to the vehicle, vessel, or outboard motor in accordance with 
this Subsection (9).
(b)
The written notice described in Subsection (9)(a) shall:
(i)
indicate the exact time when the written notice is affixed to the vehicle, vessel, or 
outboard motor;
(ii)
warn the owner of the vehicle, vessel, or outboard motor that the vehicle, vessel, 
or outboard motor will be towed from the property if it is not removed within 24 
hours after the time indicated in Subsection (9)(b)(i);
(iii)
be at least four inches tall and four inches wide; and
(iv)
be affixed to the vehicle, vessel, or outboard motor at a conspicuous location on 
the driver's side window of the vehicle, vessel, or outboard motor.
(c)
A property owner may authorize a tow truck motor carrier to act as the property 
owner's agent for purposes of affixing the written notice described in Subsection 
(9)(a) to a vehicle, vessel, or outboard motor.
(10)
The department shall publish on the department Internet website the signage 
requirements and written notice requirements and illustrated or photographed examples 
of the signage and written notice requirements described in Subsections (7) through (9).
(11)
It is an affirmative defense to any claim, based on the lack of notice, that arises from 
the towing of a vehicle, vessel, or outboard motor from private property that the property 
had signage meeting the requirements of:
(a)
Subsection (4)(b)(ii); and
(b)
Subsection (7) or (8).
(12)
The
An individual described in Subsection 
41-6a-1406(7)(f)(i)
 or a
 party described in 
Subsection 
41-6a-1406
(6)(a) with an interest in a vehicle, vessel, or outboard motor 
lawfully removed is only responsible for paying:
(a)
the tow truck service and storage fees set in accordance with Subsection (16); and
(b)
the administrative impound fee set in Section 
41-6a-1406
, if applicable.
(13)
(a)
As used in this Subsection 
(13)
, "life essential item" means:
(i)
prescription medication;
(ii)
medical equipment;
(iii)
shoes;
(iv)
coats;
(v)
food and water;
(vi)
child safety seats;
(vii)
government-issued photo identification; and
(viii)
human remains.
(a)
(b)
The fees under Subsection (12) are a possessory lien on the vehicle, vessel, or 
outboard motor
 and any nonlife essential items contained in the vehicle, vessel, or 
outboard motor that are owned by the owner of the vehicle, vessel, or outboard motor 
until paid
.
(c)
Towing fees are a possessory lien on the vehicle, vessel, or outboard motor and any 
nonlife essential items contained in the vehicle, vessel, or outboard motor.
(d)
Except for a vehicle, vessel, or outboard motor being held as evidence, a tow truck 
operator, a tow truck motor carrier, or an impound yard shall allow a party described 
in Subsection 
41-6a-1406(6)(a)
 with an interest in the vehicle, vessel, or outboard 
motor or an individual described in Subsection 
41-6a-1406(7)(f)(i)
 to take possession 
of any life essential item within the vehicle, vessel, or outboard motor during normal 
business hours regardless of whether the towing, impound fees, or storage fees have 
been paid.
(e)
Except for a vehicle, vessel, or outboard motor being held as evidence, upon 
payment of the towing fee, a tow truck operator, a tow truck motor carrier, or an 
impound yard shall allow a party described in Subsection 
41-6a-1406(6)(a)
 with an 
interest in the vehicle, vessel, or outboard motor or an individual described in 
Subsection 
41-6a-1406(7)(f)(i)
 to enter the vehicle, vessel, or outboard motor during 
normal business hours and remove personal property not attached to the vehicle, 
vessel, or outboard motor.
(b)
(f)
The tow truck operator or tow truck motor carrier shall securely store the 
vehicle, vessel, or outboard motor and items described in Subsection (13)(a) in an 
approved state impound yard until a party described in Subsection 
41-6a-1406
(6)(a) 
with an interest in the vehicle, vessel, or outboard motor:
(i)
pays the fees described in Subsection (12); and
(ii)
removes the vehicle, vessel, or outboard motor from the state impound yard.
(14)
(a)
A vehicle, vessel, or outboard motor shall be considered abandoned if a party 
described in Subsection 
41-6a-1406
(6)(a) with an interest in the vehicle, vessel, or 
outboard motor 
or an individual described in Subsection 
41-6a-1406(7)(f)(i)
does not, 
within 30 days after notice has been sent under Subsection (1)(b):
(i)
pay the fees described in Subsection (12); and
(ii)
remove the vehicle, vessel, or outboard motor from the secure storage facility.
(b)
A person may not request a transfer of title to an abandoned vehicle, vessel, or 
outboard motor until at least 30 days after notice has been sent under Subsection 
(1)(b).
(15)
(a)
A tow truck motor carrier or impound yard shall clearly and conspicuously post 
and disclose all its current fees, rates, and acceptable forms of payment for tow truck 
service and storage of a vehicle in accordance with rules established under 
Subsection (16).
(b)
A tow truck operator, a tow truck motor carrier, and an impound yard shall accept 
payment by cash and debit or credit card for a tow truck service under Subsection (1) 
or any service rendered, performed, or supplied in connection with a tow truck 
service under Subsection (1).
(16)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 
department shall:
(a)
subject to the restriction in Subsection (17), set maximum rates that:
(i)
a tow truck motor carrier may charge for the tow truck service of a vehicle, vessel, 
or outboard motor that are transported in response to:
(A)
a peace officer dispatch call;
(B)
a motor vehicle division call; and
(C)
any other call or request where the owner of the vehicle, vessel, or outboard 
motor has not consented to the removal;
(ii)
an impound yard may charge for the storage of a vehicle, vessel, or outboard 
motor stored as a result of one of the conditions listed under Subsection (16)(a)(i); 
and
(iii)
an impound yard may charge for the after-hours release of a vehicle, vessel, or 
outboard motor stored as a result of one of the conditions described in Subsection 
(16)(a)(i);
(b)
establish authorized towing certification requirements, not in conflict with federal 
law, related to incident safety, clean-up, and hazardous material handling;
(c)
specify the form and content of the posting and disclosure of fees and rates charged 
and acceptable forms of payment by a tow truck motor carrier or impound yard;
(d)
set a maximum rate for an administrative fee that a tow truck motor carrier may 
charge for reporting the information required under Subsection (1)(a)(i) and 
providing notice of the removal to each party described in Subsection 
41-6a-1406
(6)(a) with an interest in the vehicle, vessel, or outboard motor as required in 
Subsection (1)(b);
(e)
establish a Utah Consumer Bill of Rights Regarding Towing form that contains 
specific information regarding:
(i)
a vehicle owner's
 or operator's
 rights and responsibilities if the owner's vehicle is 
towed;
(ii)
identifies the maximum rates that a tow truck motor carrier may charge for the 
tow truck service of a vehicle, vessel, or outboard motor that is transported in 
response to a call or request where the owner of the vehicle, vessel, or outboard 
motor has not consented to the removal; and
(iii)
identifies the maximum rates that an impound yard may charge for the storage of 
vehicle, vessel, or outboard motor that is transported in response to a call or 
request where the owner of the vehicle, vessel, or outboard motor has not 
consented to the removal; and
(f)
set a maximum rate for an after-hours fee allowed under Subsection (19)(b).
(17)
An impound yard may not charge a fee for the storage of an impounded vehicle, 
vessel, or outboard motor if:
(a)
the vehicle, vessel, or outboard motor is being held as evidence; and
(b)
the vehicle, vessel, or outboard motor is not being released to a party described in 
Subsection 
41-6a-1406
(6)(a)
 or an individual described in Subsection 
41-6a-1406(7)(f)
(i)
, even if the party satisfies the requirements to release the vehicle, 
vessel, or outboard motor under Section 
41-6a-1406
.
(18)
(a)
(i)
A tow truck motor carrier may charge a rate up to the maximum rate set by 
the department in rules made under Subsection (16).
(ii)
In addition to the maximum rates established under Subsection (16) and when 
receiving payment by credit card
 or debit card
, a tow truck operator, a tow truck 
motor carrier, or an
 impound yard may charge a 
credit 
card processing fee of 
3% of the transaction total.
(b)
A tow truck motor carrier may not be required to maintain insurance coverage at a 
higher level than required in rules made pursuant to Subsection (16).
(19)
When a tow truck motor carrier or impound lot is in possession of a vehicle, vessel, or 
outboard motor as a result of a tow service that was performed without the consent of 
the owner, and that was not ordered by a peace officer or a person acting on behalf of a 
law enforcement agency, the tow truck motor carrier or impound yard shall make 
personnel available:
(a)
by phone 24 hours a day, seven days a week; and
(b)
to release the impounded vehicle, vessel, or outboard motor to the owner within one 
hour of when the owner calls the tow truck motor carrier or impound yard.
(20)
A tow truck motor carrier or a tow truck operator may not:
(a)
share contact or other personal information of an owner of a vehicle, vessel, or 
outboard motor 
or a party described in Subsection 
41-6a-1406(6)(a)
for which the 
tow truck motor carrier or tow truck operator has performed a tow service; and
(b)
receive payment for referring a person for whom the tow truck motor carrier or tow 
truck operator has performed a tow service to another service, including:
(i)
a lawyer referral service;
(ii)
a medical provider;
(iii)
a funding agency;
(iv)
a marketer for any service described in Subsections (20)(b)(i) through (iii);
(v)
a marketer for any other service; or
(vi)
a third party vendor.
Section 5, Section 
72-9-604
 is amended to read:
72-9-604
. Preemption of local authorities -- Tow trucks.
(1)
As used in this section:
(a)
"Abandoned" means a vehicle, vessel, or outboard motor for which a party described 
in Subsection 
41-6a-1406
(6)(a) with an interest in the vehicle, vessel, or outboard 
motor does not, within 30 days after notice that the vehicle, vessel, or outboard motor 
was towed by a towing entity:
(i)
pay the relevant fees; and
(ii)
remove the vehicle, vessel, or outboard motor from the secure storage facility.
(b)
"Towing entity" means:
(i)
a political subdivision of this state;
(ii)
a state agency;
(iii)
an interlocal agency created under Title 11, Chapter 13, Interlocal Cooperation 
Act; or
(iv)
a special service district created under Title 17D, Chapter 1, Special Service 
District Act.
(2)
(a)
Notwithstanding any other provision of law, a political subdivision of this state 
may neither enact nor enforce any ordinance, regulation, or rule pertaining to a tow 
truck motor carrier, tow truck operator, or tow truck that
:
(i)
conflicts with:
(i)
(A)
any provision of this part;
(ii)
(B)
Section 
41-6a-1401
;
(iii)
(C)
Section 
41-6a-1407
; or
(iv)
(D)
rules made by the department under this part
.
; or
(ii)
imposes a maximum rate that deviates from the maximum rates set in rules made 
by the department pursuant to Subsection 
72-9-603(16)
.
(b)
A county or municipal legislative governing body may not charge a fee for the 
storage of an impounded vehicle, vessel, or outboard motor if the county or 
municipality:
(i)
is holding the vehicle, vessel, or outboard motor as evidence; and
(ii)
will not release the vehicle, vessel, or outboard motor to the registered owner, lien 
holder, or the owner's agent even if the registered owner, lien holder, or the 
owner's agent satisfies the requirements to release the vehicle, vessel, or outboard 
motor under Section 
41-6a-1406
.
(3)
A tow truck motor carrier that has a county or municipal business license for a place of 
business located within that county or municipality may not be required to obtain 
another business license in order to perform a tow truck service in another county or 
municipality if there is not a business location in the other county or municipality.
(4)
A county or municipal legislative or governing body may not require a tow truck motor 
carrier, tow truck, or tow truck operator that has been issued a current, authorized 
towing certificate by the department, as described in Section 
72-9-602
, to obtain an 
additional towing certificate.
(5)
A county or municipal legislative body may require an annual tow truck safety 
inspection in addition to the inspections required under Sections 
53-8-205
 and 
72-9-602
if:
(a)
no fee is charged for the inspection; and
(b)
the inspection complies with federal motor carrier safety regulations.
(6)
(a)
A tow truck shall be subject to only one annual safety inspection under Subsection 
(5)(b).
(b)
A county or municipality that requires the additional annual safety inspection shall 
accept the same inspection performed by another county or municipality.
(7)
(a)
(i)
If a towing entity uses a towing dispatch vendor described in Section 
53-1-106.2
, the towing entity may charge a fee to cover costs associated with the 
use of a dispatch vendor as described in Section 
53-1-106.2
.
(ii)
Except as provided in Subsection (8), a fee described in Subsection (7)(a)(i) may 
not exceed the actual costs of the dispatch vendor contracted to provide the 
dispatch service.
(b)
(i)
Except as provided in Subsection (7)(b)(ii), if a towing entity does not use a 
towing dispatch vendor described in Section 
53-1-106.2
, the towing entity may 
not charge a fee to cover costs associated with providing towing dispatch and 
rotation service.
(ii)
A special service district created under Title 17D, Chapter 1, Special Service 
District Act, that charges a dispatch fee on or before January 1, 2023, may 
continue to charge a fee related to dispatch costs.
(iii)
Except as provided in Subsection (8), a fee described in Subsection (7)(b)(ii) 
may not exceed an amount reasonably reflective to the actual costs of providing 
the towing dispatch and rotation service.
(c)
A towing entity may not charge a fee described in Subsection (7)(a)(i) or (7)(b)(ii) 
unless the relevant governing body of the towing entity has approved the fee amount.
(d)
In addition to fees set by the department in rules made in accordance with Subsection 
72-9-603
(16), a tow truck operator or a tow truck motor carrier may pass through a 
fee described in this Subsection (7) to owners, lien holders, or insurance providers of 
towed vehicles, vessels, or outboard motors.
(8)
(a)
In addition to the fees described in Subsection (7), a tow truck operator or tow 
truck motor carrier may charge an additional fee to absorb unrecovered costs of 
abandoned vehicles related to the fees described in Subsections (7)(a)(i) and (7)(b)(ii).
(b)
Beginning May 3, 2023, and ending on June 30, 2025, a tow truck operator or tow 
truck motor carrier may charge a fee described in Subsection (8)(a) in an amount not 
to exceed an amount greater than 25% of the relevant fee described in Subsection 
(7)(a)(i) or (7)(b)(ii).
(c)
(i)
Beginning January 1, 2025, and annually thereafter, the towing entity shall, 
based on data provided by the State Tax Commission, determine the percentage of 
vehicles, vessels, or outboard motors that were abandoned during the previous 
year by:
(A)
determining the total number of vehicles, vessels, or outboard motors that 
were towed as part of a towing entity's towing rotation during the previous 
calendar year that were also abandoned; and
(B)
dividing the number described in Subsection (8)(c)(i)(A) by the total number 
of vehicles, vessels, or outboard motors that were towed as part of the towing 
entity's towing rotation during the previous calendar year.
(ii)
No later than March 31, 2025, and each year thereafter, the towing entity shall 
publish:
(A)
the relevant fee amount described in Subsection (7)(a)(i) or (7)(b)(ii); and
(B)
the percentage described in Subsection (8)(c)(i).
(iii)
Beginning on July 1, 2025, and each year thereafter, a tow truck operator or a 
tow truck motor carrier may charge a fee authorized in Subsection (8)(a) in an 
amount equal to the percentage described in Subsection (8)(c)(i) multiplied by the 
relevant fee amount described in Subsection (7)(a)(i) or (7)(b)(ii).
(d)
A tow truck operator or tow truck motor carrier shall list on a separate line on the 
towing invoice any fee described in this Subsection (8).
(9)
A towing entity may not require a tow truck operator who has received an authorized 
towing certificate from the department to submit additional criminal background check 
information for inclusion of the tow truck motor carrier on a rotation.
(10)
If a tow truck motor carrier is dispatched as part of a towing rotation, the tow truck 
operator that responds may not respond to the location in a tow truck that is owned by a 
tow truck motor carrier that is different than the tow truck motor carrier that was 
dispatched.
(11)
If a towing entity receives a notice from the department as described in Subsection 
72-9-602(6)
, the towing entity shall remove the tow truck motor carrier from the towing 
entity's towing rotation, contract, or request for proposal as provided in the notice from 
the department.
Section 6. 
Effective Date.
This bill takes effect on 
January 1, 2026
.
3-12-25 12:34 PM