41-12a-806.  Restricted account — Creation — Funding — Interest — Purposes.

(1)  There is created within the Transportation Fund a restricted account known as the “Uninsured Motorist Identification Restricted Account.”

Terms Used In Utah Code 41-12a-806

  • Account: means the Uninsured Motorist Identification Restricted Account created in Section 41-12a-806. See Utah Code 41-12a-802
  • Contract: A legal written agreement that becomes binding when signed.
  • Database: means the Uninsured Motorist Identification Database created in Section 41-12a-803. See Utah Code 41-12a-802
  • Department: means the Department of Public Safety. See Utah Code 41-12a-103
  • Designated agent: means the third party the department contracts with under Section 41-12a-803. See Utah Code 41-12a-802
  • Division: means the Driver License Division created in Section 53-3-103. See Utah Code 41-12a-802
  • Motor vehicle: means every self-propelled vehicle that is designed for use upon a highway, including trailers and semitrailers designed for use with other motorized vehicles. See Utah Code 41-12a-103
  • Operator: means every person who is in actual physical control of a motor vehicle. See Utah Code 41-12a-103
  • Owner: means :
(a) a person who holds legal title to a motor vehicle;
(b) a lessee in possession;
(c) a conditional vendee or lessee if a motor vehicle is the subject of a conditional sale or lease with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession in the conditional vendee or lessee; or
(d) a mortgagor if a motor vehicle is the subject of a mortgage with the mortgagor entitled to possession. See Utah Code 41-12a-103
  • Person: means :Utah Code 68-3-12.5
  • Program: means the Uninsured Motorist Identification Database Program created in Section 41-12a-803. See Utah Code 41-12a-802
  • Registration: means the issuance of the certificates and registration plates issued under the laws of Utah pertaining to the registration of motor vehicles. See Utah Code 41-12a-103
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • (2)  The account consists of money generated from the following revenue sources:

    (a)  money received by the state under Section 41-1a-1218, the uninsured motorist identification fee;

    (b)  money received by the state under Section 41-1a-1220, the registration reinstatement fee; and

    (c)  appropriations made to the account by the Legislature.

    (3) 

    (a)  The account shall earn interest.

    (b)  All interest earned on account money shall be deposited into the account.

    (4)  The Legislature shall appropriate money from the account to:

    (a)  the department to fund the contract with the designated agent;

    (b)  the department to offset the costs to state and local law enforcement agencies of using the information for the purposes authorized under this part;

    (c)  the Tax Commission to offset the costs to the Motor Vehicle Division for revoking and reinstating vehicle registrations under Subsection 41-1a-110(2)(a)(ii); and

    (d)  the department to reimburse a person for the costs of towing and storing the person’s vehicle if:

    (i)  the person’s vehicle was impounded in accordance with Subsection 41-1a-1101(2);

    (ii)  the impounded vehicle had owner‘s or operator‘s security in effect for the vehicle at the time of the impoundment;

    (iii)  the database indicated that owner’s or operator’s security was not in effect for the impounded vehicle; and

    (iv)  the department determines that the person’s vehicle was wrongfully impounded.

    (5)  The Legislature may appropriate not more than $1,500,000 annually from the account to the Peace Officer Standards and Training Division, created under Section 53-6-103, for use in law enforcement training, including training on the use of the Uninsured Motorist Identification Database Program created under 8.

    (6) 

    (a)  By following the procedures in Title 63G, Chapter 4, Administrative Procedures Act, the department shall hold a hearing to determine whether a person’s vehicle was wrongfully impounded under Subsection 41-1a-1101(2).

    (b)  In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules establishing procedures for a person to apply for a reimbursement under Subsection (4)(d).

    (c)  A person is not eligible for a reimbursement under Subsection (4)(d) unless the person applies for the reimbursement within six months from the date that the motor vehicle was impounded.

    Amended by Chapter 20, 2020 Special Session 5