1 | 1 | | H.B. 435 |
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2 | 2 | | LEGISLATIVE GENERAL COUNSEL |
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3 | 3 | | 6 Approved for Filing: K.P. Gasser 6 |
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4 | 4 | | 6 02-09-23 12:47 PM 6 |
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5 | 5 | | H.B. 435 |
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6 | 6 | | 1 TOWING REQUIREMENTS |
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7 | 7 | | 2 2023 GENERAL SESSION |
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8 | 8 | | 3 STATE OF UTAH |
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9 | 9 | | 4 Chief Sponsor: Matthew H. Gwynn |
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10 | 10 | | 5 Senate Sponsor: ____________ |
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11 | 11 | | 6 |
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12 | 12 | | 7LONG TITLE |
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13 | 13 | | 8General Description: |
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14 | 14 | | 9 This bill amends provisions related to towing to exempt tows at the request of the |
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15 | 15 | | 10owner of the vehicle from certain requirements. |
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16 | 16 | | 11Highlighted Provisions: |
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17 | 17 | | 12 This bill: |
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18 | 18 | | 13 <creates a distinction between a tow for impound purposes from other tows initiated |
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19 | 19 | | 14by law enforcement for the convenience of the owner of the vehicle; |
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20 | 20 | | 15 <exempts a tow initiated at the request of the owner of the vehicle from certain |
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21 | 21 | | 16reporting and other requirements; and |
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22 | 22 | | 17 <makes technical changes. |
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23 | 23 | | 18Money Appropriated in this Bill: |
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24 | 24 | | 19 None |
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25 | 25 | | 20Other Special Clauses: |
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26 | 26 | | 21 None |
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27 | 27 | | 22Utah Code Sections Affected: |
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28 | 28 | | 23AMENDS: |
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29 | 29 | | 24 41-6a-1406, as last amended by Laws of Utah 2022, Chapter 92 |
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30 | 30 | | 25 |
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31 | 31 | | 26Be it enacted by the Legislature of the state of Utah: |
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32 | 32 | | 27 Section 1. Section 41-6a-1406 is amended to read: |
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33 | 33 | | *HB0435* H.B. 435 02-09-23 12:47 PM |
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34 | 34 | | - 2 - |
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35 | 35 | | 28 41-6a-1406. Removal and impoundment of vehicles -- Reporting and notification |
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36 | 36 | | 29requirements -- Administrative impound fee -- Refunds -- Possessory lien -- Rulemaking. |
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37 | 37 | | 30 (1) (a) If a vehicle, vessel, or outboard motor is required to be removed or impounded |
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38 | 38 | | 31as provided under Section 41-1a-1101, 41-6a-527, 41-6a-1405, 41-6a-1408, or 73-18-20.1 by |
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39 | 39 | | 32an order of a peace officer or by an order of a person acting on behalf of a law enforcement |
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40 | 40 | | 33agency or highway authority, the removal or impoundment of the vehicle, vessel, or outboard |
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41 | 41 | | 34motor shall be at the expense of the owner. |
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42 | 42 | | 35 (b) (i) If a vehicle, vessel, or outboard motor is not required to be removed or |
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43 | 43 | | 36impounded as described in Subsection (1)(a), the owner may consent to the removal of the |
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44 | 44 | | 37vehicle, vessel, or outboard motor to a place of the owner's choosing at the expense of the |
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45 | 45 | | 38owner. |
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46 | 46 | | 39 (ii) This Subsection (1)(b) may apply regardless of whether law enforcement or a |
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47 | 47 | | 40government entity assisted the owner in the initial contact of the tow truck operator or tow |
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48 | 48 | | 41truck motor carrier. |
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49 | 49 | | 42 (iii) If a vehicle, vessel, or outboard motor is removed as described in this Subsection |
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50 | 50 | | 43(1)(b), the removal of the vehicle, vessel, or outboard motor: |
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51 | 51 | | 44 (A) is subject to the provisions of Section 72-9-603; and |
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52 | 52 | | 45 (B) except as provided in this Subsection (1)(b) or Section 72-9-603, is not subject to |
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53 | 53 | | 46the provisions of this section. |
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54 | 54 | | 47 (2) The vehicle, vessel, or outboard motor under Subsection (1) shall be removed or |
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55 | 55 | | 48impounded to a state impound yard. |
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56 | 56 | | 49 (3) The peace officer may move a vehicle, vessel, or outboard motor or cause it to be |
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57 | 57 | | 50removed by a tow truck motor carrier that meets standards established: |
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58 | 58 | | 51 (a) under Title 72, Chapter 9, Motor Carrier Safety Act; and |
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59 | 59 | | 52 (b) by the department under Subsection (10). |
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60 | 60 | | 53 (4) (a) A report described in this Subsection (4) is required for a vehicle, vessel, or |
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61 | 61 | | 54outboard motor that is[: (i)] removed or impounded as described in Subsection [(1); or] (1)(a). |
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62 | 62 | | 55 [(ii) removed or impounded by any law enforcement or government entity.] |
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63 | 63 | | 56 (b) Before noon on the next business day after the date of the removal of the vehicle, |
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64 | 64 | | 57vessel, or outboard motor, [a] the report of the removal shall be sent to the Motor Vehicle |
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65 | 65 | | 58Division by: 02-09-23 12:47 PM H.B. 435 |
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66 | 66 | | - 3 - |
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67 | 67 | | 59 (i) the peace officer or agency by whom the peace officer is employed; and |
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68 | 68 | | 60 (ii) the tow truck operator or the tow truck motor carrier by whom the tow truck |
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69 | 69 | | 61operator is employed. |
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70 | 70 | | 62 (c) The report shall be in a form specified by the Motor Vehicle Division and shall |
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71 | 71 | | 63include: |
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72 | 72 | | 64 (i) the operator's name, if known; |
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73 | 73 | | 65 (ii) a description of the vehicle, vessel, or outboard motor; |
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74 | 74 | | 66 (iii) the vehicle identification number or vessel or outboard motor identification |
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75 | 75 | | 67number; |
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76 | 76 | | 68 (iv) the license number, temporary permit number, or other identification number |
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77 | 77 | | 69issued by a state agency; |
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78 | 78 | | 70 (v) the date, time, and place of impoundment; |
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79 | 79 | | 71 (vi) the reason for removal or impoundment; |
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80 | 80 | | 72 (vii) the name of the tow truck motor carrier who removed the vehicle, vessel, or |
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81 | 81 | | 73outboard motor; and |
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82 | 82 | | 74 (viii) the place where the vehicle, vessel, or outboard motor is stored. |
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83 | 83 | | 75 (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the |
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84 | 84 | | 76State Tax Commission shall make rules to establish proper format and information required on |
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85 | 85 | | 77the form described in this [subsection] Subsection (4). |
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86 | 86 | | 78 (e) Until the tow truck operator or tow truck motor carrier reports the removal as |
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87 | 87 | | 79required under this Subsection (4), a tow truck motor carrier or impound yard may not: |
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88 | 88 | | 80 (i) collect any fee associated with the removal; and |
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89 | 89 | | 81 (ii) begin charging storage fees. |
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90 | 90 | | 82 (5) (a) Except as provided in Subsection (5)(e) and upon receipt of the report, the |
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91 | 91 | | 83Motor Vehicle Division shall give notice, in the manner described in Section 41-1a-114, to the |
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92 | 92 | | 84following parties with an interest in the vehicle, vessel, or outboard motor, as applicable: |
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93 | 93 | | 85 (i) the registered owner; |
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94 | 94 | | 86 (ii) any lien holder; or |
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95 | 95 | | 87 (iii) a dealer, as defined in Section 41-1a-102, if the vehicle, vessel, or outboard motor |
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96 | 96 | | 88is currently operating under a temporary permit issued by the dealer, as described in Section |
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97 | 97 | | 8941-3-302. H.B. 435 02-09-23 12:47 PM |
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98 | 98 | | - 4 - |
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99 | 99 | | 90 (b) The notice shall: |
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100 | 100 | | 91 (i) state the date, time, and place of removal, the name, if applicable, of the person |
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101 | 101 | | 92operating the vehicle, vessel, or outboard motor at the time of removal, the reason for removal, |
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102 | 102 | | 93and the place where the vehicle, vessel, or outboard motor is stored; |
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103 | 103 | | 94 (ii) state that the registered owner is responsible for payment of towing, impound, and |
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104 | 104 | | 95storage fees charged against the vehicle, vessel, or outboard motor; |
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105 | 105 | | 96 (iii) state the conditions that must be satisfied before the vehicle, vessel, or outboard |
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106 | 106 | | 97motor is released; and |
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107 | 107 | | 98 (iv) inform the parties described in Subsection (5)(a) of the division's intent to sell the |
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108 | 108 | | 99vehicle, vessel, or outboard motor, if, within 30 days after the day of the removal or |
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109 | 109 | | 100impoundment under this section, one of the parties fails to make a claim for release of the |
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110 | 110 | | 101vehicle, vessel, or outboard motor. |
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111 | 111 | | 102 (c) Except as provided in Subsection (5)(e) and if the vehicle, vessel, or outboard |
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112 | 112 | | 103motor is not registered in this state, the Motor Vehicle Division shall make a reasonable effort |
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113 | 113 | | 104to notify the parties described in Subsection (5)(a) of the removal and the place where the |
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114 | 114 | | 105vehicle, vessel, or outboard motor is stored. |
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115 | 115 | | 106 (d) The Motor Vehicle Division shall forward a copy of the notice to the place where |
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116 | 116 | | 107the vehicle, vessel, or outboard motor is stored. |
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117 | 117 | | 108 (e) The Motor Vehicle Division is not required to give notice under this Subsection (5) |
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118 | 118 | | 109if a report was received by a tow truck operator or tow truck motor carrier reporting a tow truck |
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119 | 119 | | 110service in accordance with Subsection 72-9-603(1)(a)(i). |
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120 | 120 | | 111 (6) (a) The vehicle, vessel, or outboard motor shall be released after a party described |
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121 | 121 | | 112in Subsection (5)(a): |
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122 | 122 | | 113 (i) makes a claim for release of the vehicle, vessel, or outboard motor at any office of |
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123 | 123 | | 114the State Tax Commission; |
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124 | 124 | | 115 (ii) presents identification sufficient to prove ownership of the impounded vehicle, |
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125 | 125 | | 116vessel, or outboard motor; |
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126 | 126 | | 117 (iii) completes the registration, if needed, and pays the appropriate fees; |
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127 | 127 | | 118 (iv) if the impoundment was made under Section 41-6a-527, pays an administrative |
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128 | 128 | | 119impound fee of $400; and |
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129 | 129 | | 120 (v) pays all towing and storage fees to the place where the vehicle, vessel, or outboard 02-09-23 12:47 PM H.B. 435 |
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130 | 130 | | - 5 - |
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131 | 131 | | 121motor is stored. |
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132 | 132 | | 122 (b) (i) Twenty-nine dollars of the administrative impound fee assessed under |
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133 | 133 | | 123Subsection (6)(a)(iv) shall be dedicated credits to the Motor Vehicle Division; |
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134 | 134 | | 124 (ii) $147 of the administrative impound fee assessed under Subsection (6)(a)(iv) shall |
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135 | 135 | | 125be deposited into the Department of Public Safety Restricted Account created in Section |
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136 | 136 | | 12653-3-106; |
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137 | 137 | | 127 (iii) $20 of the administrative impound fee assessed under Subsection (6)(a)(iv) shall |
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138 | 138 | | 128be deposited in the Spinal Cord and Brain Injury Rehabilitation Fund; and |
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139 | 139 | | 129 (iv) the remainder of the administrative impound fee assessed under Subsection |
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140 | 140 | | 130(6)(a)(iv) shall be deposited into the General Fund. |
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141 | 141 | | 131 (c) The administrative impound fee assessed under Subsection (6)(a)(iv) shall be |
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142 | 142 | | 132waived or refunded by the State Tax Commission if the registered owner, lien holder, or |
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143 | 143 | | 133owner's agent presents written evidence to the State Tax Commission that: |
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144 | 144 | | 134 (i) the Driver License Division determined that the arrested person's driver license |
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145 | 145 | | 135should not be suspended or revoked under Section 53-3-223 or 41-6a-521 as shown by a letter |
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146 | 146 | | 136or other report from the Driver License Division presented within 180 days after the day on |
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147 | 147 | | 137which the Driver License Division mailed the final notification; or |
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148 | 148 | | 138 (ii) the vehicle was stolen at the time of the impoundment as shown by a copy of the |
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149 | 149 | | 139stolen vehicle report presented within 180 days after the day of the impoundment. |
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150 | 150 | | 140 (d) A tow truck operator, a tow truck motor carrier, and an impound yard shall accept |
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151 | 151 | | 141payment by cash and debit or credit card for a removal or impoundment under Subsection |
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152 | 152 | | 142(1)(a) or any service rendered, performed, or supplied in connection with a removal or |
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153 | 153 | | 143impoundment under Subsection (1)(a). |
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154 | 154 | | 144 (e) The owner of an impounded vehicle may not be charged a fee for the storage of the |
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155 | 155 | | 145impounded vehicle, vessel, or outboard motor if: |
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156 | 156 | | 146 (i) the vehicle, vessel, or outboard motor is being held as evidence; and |
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157 | 157 | | 147 (ii) the vehicle, vessel, or outboard motor is not being released to a party described in |
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158 | 158 | | 148Subsection [5(a)] (5)(a), even if the party satisfies the requirements to release the vehicle, |
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159 | 159 | | 149vessel, or outboard motor under this Subsection (6). |
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160 | 160 | | 150 (7) (a) For an impounded vehicle, vessel, or outboard motor not claimed by a party |
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161 | 161 | | 151described in Subsection (5)(a) within the time prescribed by Section 41-1a-1103, the Motor H.B. 435 02-09-23 12:47 PM |
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162 | 162 | | - 6 - |
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163 | 163 | | 152Vehicle Division shall issue a certificate of sale for the impounded vehicle, vessel, or outboard |
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164 | 164 | | 153motor as described in Section 41-1a-1103. |
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165 | 165 | | 154 (b) The date of impoundment is considered the date of seizure for computing the time |
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166 | 166 | | 155period provided under Section 41-1a-1103. |
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167 | 167 | | 156 (8) A party described in Subsection (5)(a) that pays all fees and charges incurred in the |
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168 | 168 | | 157impoundment of the owner's vehicle, vessel, or outboard motor has a cause of action for all the |
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169 | 169 | | 158fees and charges, together with damages, court costs, and attorney fees, against the operator of |
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170 | 170 | | 159the vehicle, vessel, or outboard motor whose actions caused the removal or impoundment. |
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171 | 171 | | 160 (9) Towing, impound fees, and storage fees are a possessory lien on the vehicle, vessel, |
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172 | 172 | | 161or outboard motor. |
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173 | 173 | | 162 (10) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, |
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174 | 174 | | 163the department shall make rules setting the performance standards for towing companies to be |
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175 | 175 | | 164used by the department. |
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176 | 176 | | 165 (11) (a) The Motor Vehicle Division may specify that a report required under |
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177 | 177 | | 166Subsection (4) be submitted in electronic form utilizing a database for submission, storage, and |
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178 | 178 | | 167retrieval of the information. |
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179 | 179 | | 168 (b) (i) Unless otherwise provided by statute, the Motor Vehicle Division or the |
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180 | 180 | | 169administrator of the database may adopt a schedule of fees assessed for utilizing the database. |
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181 | 181 | | 170 (ii) The fees under this Subsection (11)(b) shall: |
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182 | 182 | | 171 (A) be reasonable and fair; and |
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183 | 183 | | 172 (B) reflect the cost of administering the database. |
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