UT
Utah House Bill HB0049

Utah 2023 Regular Session

Utah House Bill HB0049 Compare Versions

OldNewDifferences
1-Enrolled Copy H.B. 49
1+H.B. 49
2+LEGISLATIVE GENERAL COUNSEL
3+6 Approved for Filing: S. Larson 6
4+6 12-20-22 2:31 PM 6
5+H.B. 49
26 1 MOTOR VEHICLE SAFETY INSPECTION ADVISORY
37 2 COUNCIL AMENDMENTS
48 3 2023 GENERAL SESSION
59 4 STATE OF UTAH
610 5 Chief Sponsor: Karen M. Peterson
711 6 Senate Sponsor: Wayne A. Harper
812 7
913 8LONG TITLE
10-9General Description:
11-10 This bill repeals the Motor Vehicle Safety Inspection Advisory Council.
12-11Highlighted Provisions:
13-12 This bill:
14-13 <repeals the Motor Vehicle Safety Inspection Advisory Council; and
15-14 <makes technical and conforming changes.
16-15Money Appropriated in this Bill:
17-16 None
18-17Other Special Clauses:
19-18 None
20-19Utah Code Sections Affected:
21-20AMENDS:
22-21 53-1-104, as last amended by Laws of Utah 2013, Chapter 295
23-22 53-8-202, as last amended by Laws of Utah 2005, Chapter 2
24-23 53-8-204, as last amended by Laws of Utah 2012, Chapter 356
25-24REPEALS:
26-25 53-8-201, as enacted by Laws of Utah 1993, Chapter 234
27-26 53-8-203, as last amended by Laws of Utah 2016, Chapter 302
28-27
29-28Be it enacted by the Legislature of the state of Utah:
30-29 Section 1. Section 53-1-104 is amended to read: H.B. 49 Enrolled Copy
14+9Committee Note:
15+10 The Transportation Interim Committee recommended this bill.
16+11 Legislative Vote:16 voting for0 voting against 2 absent
17+12General Description:
18+13 This bill repeals the Motor Vehicle Safety Inspection Advisory Council.
19+14Highlighted Provisions:
20+15 This bill:
21+16 <repeals the Motor Vehicle Safety Inspection Advisory Council; and
22+17 <makes technical and conforming changes.
23+18Money Appropriated in this Bill:
24+19 None
25+20Other Special Clauses:
26+21 None
27+22Utah Code Sections Affected:
28+23AMENDS:
29+24 53-1-104, as last amended by Laws of Utah 2013, Chapter 295
30+25 53-8-202, as last amended by Laws of Utah 2005, Chapter 2
31+26 53-8-204, as last amended by Laws of Utah 2012, Chapter 356
32+27REPEALS:
33+*HB0049* H.B. 49 12-20-22 2:31 PM
3134 - 2 -
32-30 53-1-104. Boards, bureaus, councils, divisions, and offices.
33-31 (1) The following are the policymaking boards within the department:
34-32 (a) the Driver License Medical Advisory Board, created in Section 53-3-303;
35-33 (b) the Concealed Firearm Review Board, created in Section 53-5-703;
36-34 (c) the Utah Fire Prevention Board, created in Section 53-7-203;
37-35 (d) the Liquified Petroleum Gas Board, created in Section 53-7-304; and
38-36 (e) the Private Investigator Hearing and Licensure Board, created in Section 53-9-104.
39-37 (2) The [following are the councils] Peace Officer Standards and Training Council,
40-38created in Section 53-6-106, is within the department.[:]
41-39 [(a) the Peace Officer Standards and Training Council, created in Section 53-6-106;
42-40and]
43-41 [(b) the Motor Vehicle Safety Inspection Advisory Council, created in Section
44-4253-8-203.]
45-43 (3) The following are the divisions within the department:
46-44 (a) the Administrative Services Division, created in Section 53-1-203;
47-45 (b) the Management Information Services Division, created in Section 53-1-303;
48-46 (c) the Division of Emergency Management, created in Section 53-2a-103;
49-47 (d) the Driver License Division, created in Section 53-3-103;
50-48 (e) the Criminal Investigations and Technical Services Division, created in Section
51-4953-10-103;
52-50 (f) the Peace Officer Standards and Training Division, created in Section 53-6-103;
53-51 (g) the State Fire Marshal Division, created in Section 53-7-103; and
54-52 (h) the Utah Highway Patrol Division, created in Section 53-8-103.
55-53 (4) The Office of Executive Protection is created in Section 53-1-112.
56-54 (5) The following are the bureaus within the department:
57-55 (a) the Bureau of Criminal Identification, created in Section 53-10-201;
58-56 (b) the State Bureau of Investigation, created in Section 53-10-301;
59-57 (c) the Bureau of Forensic Services, created in Section 53-10-401; and Enrolled Copy H.B. 49
35+28 53-8-201, as enacted by Laws of Utah 1993, Chapter 234
36+29 53-8-203, as last amended by Laws of Utah 2016, Chapter 302
37+30
38+31Be it enacted by the Legislature of the state of Utah:
39+32 Section 1. Section 53-1-104 is amended to read:
40+33 53-1-104. Boards, bureaus, councils, divisions, and offices.
41+34 (1) The following are the policymaking boards within the department:
42+35 (a) the Driver License Medical Advisory Board, created in Section 53-3-303;
43+36 (b) the Concealed Firearm Review Board, created in Section 53-5-703;
44+37 (c) the Utah Fire Prevention Board, created in Section 53-7-203;
45+38 (d) the Liquified Petroleum Gas Board, created in Section 53-7-304; and
46+39 (e) the Private Investigator Hearing and Licensure Board, created in Section 53-9-104.
47+40 (2) The [following are the councils] Peace Officer Standards and Training Council,
48+41created in Section 53-6-106, is within the department.[:]
49+42 [(a) the Peace Officer Standards and Training Council, created in Section 53-6-106;
50+43and]
51+44 [(b) the Motor Vehicle Safety Inspection Advisory Council, created in Section
52+4553-8-203.]
53+46 (3) The following are the divisions within the department:
54+47 (a) the Administrative Services Division, created in Section 53-1-203;
55+48 (b) the Management Information Services Division, created in Section 53-1-303;
56+49 (c) the Division of Emergency Management, created in Section 53-2a-103;
57+50 (d) the Driver License Division, created in Section 53-3-103;
58+51 (e) the Criminal Investigations and Technical Services Division, created in Section
59+5253-10-103;
60+53 (f) the Peace Officer Standards and Training Division, created in Section 53-6-103;
61+54 (g) the State Fire Marshal Division, created in Section 53-7-103; and
62+55 (h) the Utah Highway Patrol Division, created in Section 53-8-103.
63+56 (4) The Office of Executive Protection is created in Section 53-1-112.
64+57 (5) The following are the bureaus within the department:
65+58 (a) the Bureau of Criminal Identification, created in Section 53-10-201; 12-20-22 2:31 PM H.B. 49
6066 - 3 -
61-58 (d) the Bureau of Communications, created in Section 53-10-501.
62-59 Section 2. Section 53-8-202 is amended to read:
63-60 53-8-202. Definitions.
64-61 [(1)] The definitions in Section 41-6a-102 apply to this part.
65-62 [(2) As used in this part, "council" means the Motor Vehicle Safety Inspection
66-63Advisory Council created in Section 53-8-203.]
67-64 Section 3. Section 53-8-204 is amended to read:
68-65 53-8-204. Division duties -- Official inspection stations -- Permits -- Fees --
69-66Suspension or revocation -- Utah-based interstate commercial motor carriers.
70-67 (1) The division shall:
71-68 (a) conduct examinations of every safety inspection station permit applicant and safety
72-69inspector certificate applicant to determine whether the applicant is properly equipped and
73-70qualified to make safety inspections;
74-71 (b) issue safety inspection station permits and safety inspector certificates to qualified
75-72applicants;
76-73 (c) establish application, renewal, and reapplication fees in accordance with Section
77-7463J-1-504 for safety inspection station permits and safety inspector certificates;
78-75 (d) provide instructions and all necessary forms, including safety inspection
79-76certificates, to safety inspection stations for the inspection of motor vehicles and the issuance
80-77of the safety inspection certificates;
81-78 (e) investigate complaints regarding safety inspection stations and safety inspectors;
82-79 (f) compile and publish all applicable safety inspection laws, rules, instructions, and
83-80standards and distribute them to all safety inspection stations and provide updates to the
84-81compiled laws, rules, instructions, and standards as needed; and
85-82 (g) establish a fee in accordance with Section 63J-1-504 to cover the cost of compiling
86-83and publishing the safety inspection laws, rules, instructions, and standards and any updates[;
87-84and].
88-85 [(h) assist the council in conducting its meetings and hearings.] H.B. 49 Enrolled Copy
67+59 (b) the State Bureau of Investigation, created in Section 53-10-301;
68+60 (c) the Bureau of Forensic Services, created in Section 53-10-401; and
69+61 (d) the Bureau of Communications, created in Section 53-10-501.
70+62 Section 2. Section 53-8-202 is amended to read:
71+63 53-8-202. Definitions.
72+64 [(1)] The definitions in Section 41-6a-102 apply to this part.
73+65 [(2) As used in this part, "council" means the Motor Vehicle Safety Inspection
74+66Advisory Council created in Section 53-8-203.]
75+67 Section 3. Section 53-8-204 is amended to read:
76+68 53-8-204. Division duties -- Official inspection stations -- Permits -- Fees --
77+69Suspension or revocation -- Utah-based interstate commercial motor carriers.
78+70 (1) The division shall:
79+71 (a) conduct examinations of every safety inspection station permit applicant and safety
80+72inspector certificate applicant to determine whether the applicant is properly equipped and
81+73qualified to make safety inspections;
82+74 (b) issue safety inspection station permits and safety inspector certificates to qualified
83+75applicants;
84+76 (c) establish application, renewal, and reapplication fees in accordance with Section
85+7763J-1-504 for safety inspection station permits and safety inspector certificates;
86+78 (d) provide instructions and all necessary forms, including safety inspection
87+79certificates, to safety inspection stations for the inspection of motor vehicles and the issuance
88+80of the safety inspection certificates;
89+81 (e) investigate complaints regarding safety inspection stations and safety inspectors;
90+82 (f) compile and publish all applicable safety inspection laws, rules, instructions, and
91+83standards and distribute them to all safety inspection stations and provide updates to the
92+84compiled laws, rules, instructions, and standards as needed; and
93+85 (g) establish a fee in accordance with Section 63J-1-504 to cover the cost of compiling
94+86and publishing the safety inspection laws, rules, instructions, and standards and any updates[;
95+87and].
96+88 [(h) assist the council in conducting its meetings and hearings.]
97+89 (2) (a) Receipts from the fees established in accordance with Subsection (1)(g) are H.B. 49 12-20-22 2:31 PM
8998 - 4 -
90-86 (2) (a) Receipts from the fees established in accordance with Subsection (1)(g) are
91-87fixed collections to be used by the division for the expenses of the Utah Highway Patrol
92-88incurred under Subsection (1)(g).
93-89 (b) Funds received in excess of the expenses under Subsection (1)(g) shall be deposited
94-90in the Transportation Fund.
95-91 (3) The division may:
96-92 (a) before issuing a safety inspection permit, require an applicant, other than a fleet
97-93station or government station, to file a bond that will provide a guarantee that the applicant
98-94safety inspection station will make compensation for any damage to a motor vehicle during an
99-95inspection or adjustment due to negligence on the part of an applicant or the applicant's
100-96employees;
101-97 (b) establish procedures governing the issuance of safety inspection certificates to
102-98Utah-based interstate commercial motor carriers;
103-99 (c) suspend, revoke, or refuse renewal of any safety inspection station permit issued
104-100when the division finds that the safety inspection station is not:
105-101 (i) properly equipped; or
106-102 (ii) complying with rules made by the division; and
107-103 (d) suspend, revoke, or refuse renewal of any safety inspection station permit or safety
108-104inspector certificate issued when the station or inspector has violated any safety inspection law
109-105or rule.
110-106 (4) The division shall maintain a record of safety inspection station permits and safety
111-107inspector certificates issued, suspended, revoked, or refused renewal under Subsection (3)(c).
112-108 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
113-109division shall make rules:
114-110 (a) setting minimum standards covering the design, construction, condition, and
115-111operation of motor vehicle equipment for safely operating a motor vehicle on the highway;
116-112 (b) establishing motor vehicle safety inspection procedures to ensure a motor vehicle
117-113can be operated safely; Enrolled Copy H.B. 49
99+90fixed collections to be used by the division for the expenses of the Utah Highway Patrol
100+91incurred under Subsection (1)(g).
101+92 (b) Funds received in excess of the expenses under Subsection (1)(g) shall be deposited
102+93in the Transportation Fund.
103+94 (3) The division may:
104+95 (a) before issuing a safety inspection permit, require an applicant, other than a fleet
105+96station or government station, to file a bond that will provide a guarantee that the applicant
106+97safety inspection station will make compensation for any damage to a motor vehicle during an
107+98inspection or adjustment due to negligence on the part of an applicant or the applicant's
108+99employees;
109+100 (b) establish procedures governing the issuance of safety inspection certificates to
110+101Utah-based interstate commercial motor carriers;
111+102 (c) suspend, revoke, or refuse renewal of any safety inspection station permit issued
112+103when the division finds that the safety inspection station is not:
113+104 (i) properly equipped; or
114+105 (ii) complying with rules made by the division; and
115+106 (d) suspend, revoke, or refuse renewal of any safety inspection station permit or safety
116+107inspector certificate issued when the station or inspector has violated any safety inspection law
117+108or rule.
118+109 (4) The division shall maintain a record of safety inspection station permits and safety
119+110inspector certificates issued, suspended, revoked, or refused renewal under Subsection (3)(c).
120+111 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
121+112division shall make rules:
122+113 (a) setting minimum standards covering the design, construction, condition, and
123+114operation of motor vehicle equipment for safely operating a motor vehicle on the highway;
124+115 (b) establishing motor vehicle safety inspection procedures to ensure a motor vehicle
125+116can be operated safely;
126+117 (c) establishing safety inspection station building, equipment, and personnel
127+118requirements necessary to qualify to perform safety inspections;
128+119 (d) establishing age, training, examination, and renewal requirements to qualify for a
129+120safety inspector certificate; 12-20-22 2:31 PM H.B. 49
118130 - 5 -
119-114 (c) establishing safety inspection station building, equipment, and personnel
120-115requirements necessary to qualify to perform safety inspections;
121-116 (d) establishing age, training, examination, and renewal requirements to qualify for a
122-117safety inspector certificate;
123-118 (e) establishing program guidelines for a school district that elects to implement a
124-119safety inspection apprenticeship program for high school students;
125-120 (f) establishing requirements:
126-121 (i) designed to protect consumers from unwanted or unneeded repairs or adjustments;
127-122 (ii) for maintaining safety inspection records;
128-123 (iii) for providing reports to the division; and
129-124 (iv) for maintaining and protecting safety inspection certificates;
130-125 (g) establishing procedures for a motor vehicle that fails a safety inspection;
131-126 (h) setting bonding amounts for safety inspection stations if bonds are required under
132-127Subsection (3)(a); and
133-128 (i) establishing procedures for a safety inspection station to follow if the station is
134-129going out of business.
135-130 (6) The rules of the division:
136-131 (a) shall conform as nearly as practical to federal motor vehicle safety standards
137-132including 49 C.F.R. Parts 393, 396, 396 Appendix G, and Federal Motor Vehicle Safety
138-133Standards 205; and
139-134 (b) may incorporate by reference, in whole or in part, the federal standards under
140-135Subsection (6)(a) and nationally recognized and readily available standards and codes on motor
141-136vehicle safety.
142-137 Section 4. Repealer.
143-138 This bill repeals:
144-139 Section 53-8-201, Short title.
145-140 Section 53-8-203, Council created -- Members -- Term -- Meetings -- Duties.
131+121 (e) establishing program guidelines for a school district that elects to implement a
132+122safety inspection apprenticeship program for high school students;
133+123 (f) establishing requirements:
134+124 (i) designed to protect consumers from unwanted or unneeded repairs or adjustments;
135+125 (ii) for maintaining safety inspection records;
136+126 (iii) for providing reports to the division; and
137+127 (iv) for maintaining and protecting safety inspection certificates;
138+128 (g) establishing procedures for a motor vehicle that fails a safety inspection;
139+129 (h) setting bonding amounts for safety inspection stations if bonds are required under
140+130Subsection (3)(a); and
141+131 (i) establishing procedures for a safety inspection station to follow if the station is
142+132going out of business.
143+133 (6) The rules of the division:
144+134 (a) shall conform as nearly as practical to federal motor vehicle safety standards
145+135including 49 C.F.R. Parts 393, 396, 396 Appendix G, and Federal Motor Vehicle Safety
146+136Standards 205; and
147+137 (b) may incorporate by reference, in whole or in part, the federal standards under
148+138Subsection (6)(a) and nationally recognized and readily available standards and codes on motor
149+139vehicle safety.
150+140 Section 4. Repealer.
151+141 This bill repeals:
152+142 Section 53-8-201, Short title.
153+143 Section 53-8-203, Council created -- Members -- Term -- Meetings -- Duties.