H.B. 49
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: S. Larson 6
6 12-20-22 2:31 PM 6
H.B. 49
1 MOTOR VEHICLE SAFETY INSPECTION ADVISORY
2 COUNCIL AMENDMENTS
3 2023 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Karen M. Peterson
6 Senate Sponsor: Wayne A. Harper
7
8LONG TITLE
9Committee Note:
10 The Transportation Interim Committee recommended this bill.
11 Legislative Vote:16 voting for0 voting against 2 absent
12General Description:
13 This bill repeals the Motor Vehicle Safety Inspection Advisory Council.
14Highlighted Provisions:
15 This bill:
16 <repeals the Motor Vehicle Safety Inspection Advisory Council; and
17 <makes technical and conforming changes.
18Money Appropriated in this Bill:
19 None
20Other Special Clauses:
21 None
22Utah Code Sections Affected:
23AMENDS:
24 53-1-104, as last amended by Laws of Utah 2013, Chapter 295
25 53-8-202, as last amended by Laws of Utah 2005, Chapter 2
26 53-8-204, as last amended by Laws of Utah 2012, Chapter 356
27REPEALS:
*HB0049* H.B. 49 12-20-22 2:31 PM
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28 53-8-201, as enacted by Laws of Utah 1993, Chapter 234
29 53-8-203, as last amended by Laws of Utah 2016, Chapter 302
30
31Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 53-1-104 is amended to read:
33 53-1-104. Boards, bureaus, councils, divisions, and offices.
34 (1) The following are the policymaking boards within the department:
35 (a) the Driver License Medical Advisory Board, created in Section 53-3-303;
36 (b) the Concealed Firearm Review Board, created in Section 53-5-703;
37 (c) the Utah Fire Prevention Board, created in Section 53-7-203;
38 (d) the Liquified Petroleum Gas Board, created in Section 53-7-304; and
39 (e) the Private Investigator Hearing and Licensure Board, created in Section 53-9-104.
40 (2) The [following are the councils] Peace Officer Standards and Training Council,
41created in Section 53-6-106, is within the department.[:]
42 [(a) the Peace Officer Standards and Training Council, created in Section 53-6-106;
43and]
44 [(b) the Motor Vehicle Safety Inspection Advisory Council, created in Section
4553-8-203.]
46 (3) The following are the divisions within the department:
47 (a) the Administrative Services Division, created in Section 53-1-203;
48 (b) the Management Information Services Division, created in Section 53-1-303;
49 (c) the Division of Emergency Management, created in Section 53-2a-103;
50 (d) the Driver License Division, created in Section 53-3-103;
51 (e) the Criminal Investigations and Technical Services Division, created in Section
5253-10-103;
53 (f) the Peace Officer Standards and Training Division, created in Section 53-6-103;
54 (g) the State Fire Marshal Division, created in Section 53-7-103; and
55 (h) the Utah Highway Patrol Division, created in Section 53-8-103.
56 (4) The Office of Executive Protection is created in Section 53-1-112.
57 (5) The following are the bureaus within the department:
58 (a) the Bureau of Criminal Identification, created in Section 53-10-201; 12-20-22 2:31 PM H.B. 49
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59 (b) the State Bureau of Investigation, created in Section 53-10-301;
60 (c) the Bureau of Forensic Services, created in Section 53-10-401; and
61 (d) the Bureau of Communications, created in Section 53-10-501.
62 Section 2. Section 53-8-202 is amended to read:
63 53-8-202. Definitions.
64 [(1)] The definitions in Section 41-6a-102 apply to this part.
65 [(2) As used in this part, "council" means the Motor Vehicle Safety Inspection
66Advisory Council created in Section 53-8-203.]
67 Section 3. Section 53-8-204 is amended to read:
68 53-8-204. Division duties -- Official inspection stations -- Permits -- Fees --
69Suspension or revocation -- Utah-based interstate commercial motor carriers.
70 (1) The division shall:
71 (a) conduct examinations of every safety inspection station permit applicant and safety
72inspector certificate applicant to determine whether the applicant is properly equipped and
73qualified to make safety inspections;
74 (b) issue safety inspection station permits and safety inspector certificates to qualified
75applicants;
76 (c) establish application, renewal, and reapplication fees in accordance with Section
7763J-1-504 for safety inspection station permits and safety inspector certificates;
78 (d) provide instructions and all necessary forms, including safety inspection
79certificates, to safety inspection stations for the inspection of motor vehicles and the issuance
80of the safety inspection certificates;
81 (e) investigate complaints regarding safety inspection stations and safety inspectors;
82 (f) compile and publish all applicable safety inspection laws, rules, instructions, and
83standards and distribute them to all safety inspection stations and provide updates to the
84compiled laws, rules, instructions, and standards as needed; and
85 (g) establish a fee in accordance with Section 63J-1-504 to cover the cost of compiling
86and publishing the safety inspection laws, rules, instructions, and standards and any updates[;
87and].
88 [(h) assist the council in conducting its meetings and hearings.]
89 (2) (a) Receipts from the fees established in accordance with Subsection (1)(g) are H.B. 49 12-20-22 2:31 PM
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90fixed collections to be used by the division for the expenses of the Utah Highway Patrol
91incurred under Subsection (1)(g).
92 (b) Funds received in excess of the expenses under Subsection (1)(g) shall be deposited
93in the Transportation Fund.
94 (3) The division may:
95 (a) before issuing a safety inspection permit, require an applicant, other than a fleet
96station or government station, to file a bond that will provide a guarantee that the applicant
97safety inspection station will make compensation for any damage to a motor vehicle during an
98inspection or adjustment due to negligence on the part of an applicant or the applicant's
99employees;
100 (b) establish procedures governing the issuance of safety inspection certificates to
101Utah-based interstate commercial motor carriers;
102 (c) suspend, revoke, or refuse renewal of any safety inspection station permit issued
103when the division finds that the safety inspection station is not:
104 (i) properly equipped; or
105 (ii) complying with rules made by the division; and
106 (d) suspend, revoke, or refuse renewal of any safety inspection station permit or safety
107inspector certificate issued when the station or inspector has violated any safety inspection law
108or rule.
109 (4) The division shall maintain a record of safety inspection station permits and safety
110inspector certificates issued, suspended, revoked, or refused renewal under Subsection (3)(c).
111 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
112division shall make rules:
113 (a) setting minimum standards covering the design, construction, condition, and
114operation of motor vehicle equipment for safely operating a motor vehicle on the highway;
115 (b) establishing motor vehicle safety inspection procedures to ensure a motor vehicle
116can be operated safely;
117 (c) establishing safety inspection station building, equipment, and personnel
118requirements necessary to qualify to perform safety inspections;
119 (d) establishing age, training, examination, and renewal requirements to qualify for a
120safety inspector certificate; 12-20-22 2:31 PM H.B. 49
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121 (e) establishing program guidelines for a school district that elects to implement a
122safety inspection apprenticeship program for high school students;
123 (f) establishing requirements:
124 (i) designed to protect consumers from unwanted or unneeded repairs or adjustments;
125 (ii) for maintaining safety inspection records;
126 (iii) for providing reports to the division; and
127 (iv) for maintaining and protecting safety inspection certificates;
128 (g) establishing procedures for a motor vehicle that fails a safety inspection;
129 (h) setting bonding amounts for safety inspection stations if bonds are required under
130Subsection (3)(a); and
131 (i) establishing procedures for a safety inspection station to follow if the station is
132going out of business.
133 (6) The rules of the division:
134 (a) shall conform as nearly as practical to federal motor vehicle safety standards
135including 49 C.F.R. Parts 393, 396, 396 Appendix G, and Federal Motor Vehicle Safety
136Standards 205; and
137 (b) may incorporate by reference, in whole or in part, the federal standards under
138Subsection (6)(a) and nationally recognized and readily available standards and codes on motor
139vehicle safety.
140 Section 4. Repealer.
141 This bill repeals:
142 Section 53-8-201, Short title.
143 Section 53-8-203, Council created -- Members -- Term -- Meetings -- Duties.