Utah 2023 Regular Session

Utah House Bill HB0435 Compare Versions

Only one version of the bill is available at this time.
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11 H.B. 435
22 LEGISLATIVE GENERAL COUNSEL
33 6 Approved for Filing: K.P. Gasser 6
44 6 02-09-23 12:47 PM 6
55 H.B. 435
66 1 TOWING REQUIREMENTS
77 2 2023 GENERAL SESSION
88 3 STATE OF UTAH
99 4 Chief Sponsor: Matthew H. Gwynn
1010 5 Senate Sponsor: ____________
1111 6
1212 7LONG TITLE
1313 8General Description:
1414 9 This bill amends provisions related to towing to exempt tows at the request of the
1515 10owner of the vehicle from certain requirements.
1616 11Highlighted Provisions:
1717 12 This bill:
1818 13 <creates a distinction between a tow for impound purposes from other tows initiated
1919 14by law enforcement for the convenience of the owner of the vehicle;
2020 15 <exempts a tow initiated at the request of the owner of the vehicle from certain
2121 16reporting and other requirements; and
2222 17 <makes technical changes.
2323 18Money Appropriated in this Bill:
2424 19 None
2525 20Other Special Clauses:
2626 21 None
2727 22Utah Code Sections Affected:
2828 23AMENDS:
2929 24 41-6a-1406, as last amended by Laws of Utah 2022, Chapter 92
3030 25
3131 26Be it enacted by the Legislature of the state of Utah:
3232 27 Section 1. Section 41-6a-1406 is amended to read:
3333 *HB0435* H.B. 435 02-09-23 12:47 PM
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3535 28 41-6a-1406. Removal and impoundment of vehicles -- Reporting and notification
3636 29requirements -- Administrative impound fee -- Refunds -- Possessory lien -- Rulemaking.
3737 30 (1) (a) If a vehicle, vessel, or outboard motor is required to be removed or impounded
3838 31as provided under Section 41-1a-1101, 41-6a-527, 41-6a-1405, 41-6a-1408, or 73-18-20.1 by
3939 32an order of a peace officer or by an order of a person acting on behalf of a law enforcement
4040 33agency or highway authority, the removal or impoundment of the vehicle, vessel, or outboard
4141 34motor shall be at the expense of the owner.
4242 35 (b) (i) If a vehicle, vessel, or outboard motor is not required to be removed or
4343 36impounded as described in Subsection (1)(a), the owner may consent to the removal of the
4444 37vehicle, vessel, or outboard motor to a place of the owner's choosing at the expense of the
4545 38owner.
4646 39 (ii) This Subsection (1)(b) may apply regardless of whether law enforcement or a
4747 40government entity assisted the owner in the initial contact of the tow truck operator or tow
4848 41truck motor carrier.
4949 42 (iii) If a vehicle, vessel, or outboard motor is removed as described in this Subsection
5050 43(1)(b), the removal of the vehicle, vessel, or outboard motor:
5151 44 (A) is subject to the provisions of Section 72-9-603; and
5252 45 (B) except as provided in this Subsection (1)(b) or Section 72-9-603, is not subject to
5353 46the provisions of this section.
5454 47 (2) The vehicle, vessel, or outboard motor under Subsection (1) shall be removed or
5555 48impounded to a state impound yard.
5656 49 (3) The peace officer may move a vehicle, vessel, or outboard motor or cause it to be
5757 50removed by a tow truck motor carrier that meets standards established:
5858 51 (a) under Title 72, Chapter 9, Motor Carrier Safety Act; and
5959 52 (b) by the department under Subsection (10).
6060 53 (4) (a) A report described in this Subsection (4) is required for a vehicle, vessel, or
6161 54outboard motor that is[: (i)] removed or impounded as described in Subsection [(1); or] (1)(a).
6262 55 [(ii) removed or impounded by any law enforcement or government entity.]
6363 56 (b) Before noon on the next business day after the date of the removal of the vehicle,
6464 57vessel, or outboard motor, [a] the report of the removal shall be sent to the Motor Vehicle
6565 58Division by: 02-09-23 12:47 PM H.B. 435
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6767 59 (i) the peace officer or agency by whom the peace officer is employed; and
6868 60 (ii) the tow truck operator or the tow truck motor carrier by whom the tow truck
6969 61operator is employed.
7070 62 (c) The report shall be in a form specified by the Motor Vehicle Division and shall
7171 63include:
7272 64 (i) the operator's name, if known;
7373 65 (ii) a description of the vehicle, vessel, or outboard motor;
7474 66 (iii) the vehicle identification number or vessel or outboard motor identification
7575 67number;
7676 68 (iv) the license number, temporary permit number, or other identification number
7777 69issued by a state agency;
7878 70 (v) the date, time, and place of impoundment;
7979 71 (vi) the reason for removal or impoundment;
8080 72 (vii) the name of the tow truck motor carrier who removed the vehicle, vessel, or
8181 73outboard motor; and
8282 74 (viii) the place where the vehicle, vessel, or outboard motor is stored.
8383 75 (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
8484 76State Tax Commission shall make rules to establish proper format and information required on
8585 77the form described in this [subsection] Subsection (4).
8686 78 (e) Until the tow truck operator or tow truck motor carrier reports the removal as
8787 79required under this Subsection (4), a tow truck motor carrier or impound yard may not:
8888 80 (i) collect any fee associated with the removal; and
8989 81 (ii) begin charging storage fees.
9090 82 (5) (a) Except as provided in Subsection (5)(e) and upon receipt of the report, the
9191 83Motor Vehicle Division shall give notice, in the manner described in Section 41-1a-114, to the
9292 84following parties with an interest in the vehicle, vessel, or outboard motor, as applicable:
9393 85 (i) the registered owner;
9494 86 (ii) any lien holder; or
9595 87 (iii) a dealer, as defined in Section 41-1a-102, if the vehicle, vessel, or outboard motor
9696 88is currently operating under a temporary permit issued by the dealer, as described in Section
9797 8941-3-302. H.B. 435 02-09-23 12:47 PM
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9999 90 (b) The notice shall:
100100 91 (i) state the date, time, and place of removal, the name, if applicable, of the person
101101 92operating the vehicle, vessel, or outboard motor at the time of removal, the reason for removal,
102102 93and the place where the vehicle, vessel, or outboard motor is stored;
103103 94 (ii) state that the registered owner is responsible for payment of towing, impound, and
104104 95storage fees charged against the vehicle, vessel, or outboard motor;
105105 96 (iii) state the conditions that must be satisfied before the vehicle, vessel, or outboard
106106 97motor is released; and
107107 98 (iv) inform the parties described in Subsection (5)(a) of the division's intent to sell the
108108 99vehicle, vessel, or outboard motor, if, within 30 days after the day of the removal or
109109 100impoundment under this section, one of the parties fails to make a claim for release of the
110110 101vehicle, vessel, or outboard motor.
111111 102 (c) Except as provided in Subsection (5)(e) and if the vehicle, vessel, or outboard
112112 103motor is not registered in this state, the Motor Vehicle Division shall make a reasonable effort
113113 104to notify the parties described in Subsection (5)(a) of the removal and the place where the
114114 105vehicle, vessel, or outboard motor is stored.
115115 106 (d) The Motor Vehicle Division shall forward a copy of the notice to the place where
116116 107the vehicle, vessel, or outboard motor is stored.
117117 108 (e) The Motor Vehicle Division is not required to give notice under this Subsection (5)
118118 109if a report was received by a tow truck operator or tow truck motor carrier reporting a tow truck
119119 110service in accordance with Subsection 72-9-603(1)(a)(i).
120120 111 (6) (a) The vehicle, vessel, or outboard motor shall be released after a party described
121121 112in Subsection (5)(a):
122122 113 (i) makes a claim for release of the vehicle, vessel, or outboard motor at any office of
123123 114the State Tax Commission;
124124 115 (ii) presents identification sufficient to prove ownership of the impounded vehicle,
125125 116vessel, or outboard motor;
126126 117 (iii) completes the registration, if needed, and pays the appropriate fees;
127127 118 (iv) if the impoundment was made under Section 41-6a-527, pays an administrative
128128 119impound fee of $400; and
129129 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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131131 121motor is stored.
132132 122 (b) (i) Twenty-nine dollars of the administrative impound fee assessed under
133133 123Subsection (6)(a)(iv) shall be dedicated credits to the Motor Vehicle Division;
134134 124 (ii) $147 of the administrative impound fee assessed under Subsection (6)(a)(iv) shall
135135 125be deposited into the Department of Public Safety Restricted Account created in Section
136136 12653-3-106;
137137 127 (iii) $20 of the administrative impound fee assessed under Subsection (6)(a)(iv) shall
138138 128be deposited in the Spinal Cord and Brain Injury Rehabilitation Fund; and
139139 129 (iv) the remainder of the administrative impound fee assessed under Subsection
140140 130(6)(a)(iv) shall be deposited into the General Fund.
141141 131 (c) The administrative impound fee assessed under Subsection (6)(a)(iv) shall be
142142 132waived or refunded by the State Tax Commission if the registered owner, lien holder, or
143143 133owner's agent presents written evidence to the State Tax Commission that:
144144 134 (i) the Driver License Division determined that the arrested person's driver license
145145 135should not be suspended or revoked under Section 53-3-223 or 41-6a-521 as shown by a letter
146146 136or other report from the Driver License Division presented within 180 days after the day on
147147 137which the Driver License Division mailed the final notification; or
148148 138 (ii) the vehicle was stolen at the time of the impoundment as shown by a copy of the
149149 139stolen vehicle report presented within 180 days after the day of the impoundment.
150150 140 (d) A tow truck operator, a tow truck motor carrier, and an impound yard shall accept
151151 141payment by cash and debit or credit card for a removal or impoundment under Subsection
152152 142(1)(a) or any service rendered, performed, or supplied in connection with a removal or
153153 143impoundment under Subsection (1)(a).
154154 144 (e) The owner of an impounded vehicle may not be charged a fee for the storage of the
155155 145impounded vehicle, vessel, or outboard motor if:
156156 146 (i) the vehicle, vessel, or outboard motor is being held as evidence; and
157157 147 (ii) the vehicle, vessel, or outboard motor is not being released to a party described in
158158 148Subsection [5(a)] (5)(a), even if the party satisfies the requirements to release the vehicle,
159159 149vessel, or outboard motor under this Subsection (6).
160160 150 (7) (a) For an impounded vehicle, vessel, or outboard motor not claimed by a party
161161 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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163163 152Vehicle Division shall issue a certificate of sale for the impounded vehicle, vessel, or outboard
164164 153motor as described in Section 41-1a-1103.
165165 154 (b) The date of impoundment is considered the date of seizure for computing the time
166166 155period provided under Section 41-1a-1103.
167167 156 (8) A party described in Subsection (5)(a) that pays all fees and charges incurred in the
168168 157impoundment of the owner's vehicle, vessel, or outboard motor has a cause of action for all the
169169 158fees and charges, together with damages, court costs, and attorney fees, against the operator of
170170 159the vehicle, vessel, or outboard motor whose actions caused the removal or impoundment.
171171 160 (9) Towing, impound fees, and storage fees are a possessory lien on the vehicle, vessel,
172172 161or outboard motor.
173173 162 (10) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
174174 163the department shall make rules setting the performance standards for towing companies to be
175175 164used by the department.
176176 165 (11) (a) The Motor Vehicle Division may specify that a report required under
177177 166Subsection (4) be submitted in electronic form utilizing a database for submission, storage, and
178178 167retrieval of the information.
179179 168 (b) (i) Unless otherwise provided by statute, the Motor Vehicle Division or the
180180 169administrator of the database may adopt a schedule of fees assessed for utilizing the database.
181181 170 (ii) The fees under this Subsection (11)(b) shall:
182182 171 (A) be reasonable and fair; and
183183 172 (B) reflect the cost of administering the database.