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