Utah 2023 Regular Session

Utah House Bill HB0435 Compare Versions

Only one version of the bill is available at this time.

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