Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                            H.B. 30
Approved for Filing: J. Carlton 6                              nd
                                                                      2 Sub. (Gray)
          6 01-31-24 4:20 PM 6
                    Representative Paul A. Cutler proposes the following substitute bill:
                                ROAD RAGE AMENDMENTS
                                      2024 GENERAL SESSION
                                           STATE OF UTAH
                                  Chief Sponsor: Paul A. Cutler
                                  Senate Sponsor: Todd D. Weiler
 Cosponsor:                           Andrew Stoddard
 7
 LONG TITLE
 General Description:
        This bill addresses road rage events.
 Highlighted Provisions:
        This bill:
        < defines terms;
        < addresses the seizure and possession of a vehicle in which there is probable cause to
 believe the operator or passenger of the vehicle engaged in a road rage event;
        < allows for an administrative impound fee when a vehicle involved in a road rage
 event is seized and impounded;
        < creates the Road Rage Awareness and Prevention Restricted Account to pay for an
 education and media campaign on road rage awareness and prevention;                              2 ndSub. H.B. 30
        < includes a sunset date for the Road Rage Awareness and Prevention Restricted
 Account;
        < allows for the suspension or revocation of an individual's driver license when the
 individual is convicted of an offense that is enhanced for road rage;
        < creates an enhancement of an offense for road rage;
     *HB0030S02*
      2nd Sub. (Gray) H.B. 30                                                 01-31-24 4:20 PM
        < modifies the elements of aggravated assault to address the use of a motor vehicle;
        < requires the Administrative Office of the Courts to collect data regarding road rage
 enhancements; and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
        This bill appropriates in fiscal year 2025:
        < to Department of Public Safety - Programs & Operations - Highway Patrol -
 Administration as an ongoing appropriation:
           C   from the Road Rage Awareness and Prevention Restricted Account, $50,000
        < to Department of Public Safety - Road Rage Awareness and Prevention Account as
 an ongoing appropriation:
           C   from the General Fund, $50,000
 Other Special Clauses:
        This bill provides a special effective date.
 Utah Code Sections Affected:
 AMENDS:
        41-1a-102, as last amended by Laws of Utah 2023, Chapters 33, 532
        41-1a-1101, as last amended by Laws of Utah 2019, Chapter 373
        41-1a-1103, as last amended by Laws of Utah 2022, Chapter 92
        41-6a-1406, as last amended by Laws of Utah 2023, Chapter 335
        41-12a-806, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 20
        53-3-220, as last amended by Laws of Utah 2023, Chapter 415
        63I-1-253 (Eff 07/01/24) (Cont Sup 01/01/25), as last amended by Laws of Utah 2023,
 Chapters 30, 52, 133, 161, 310, 367, and 494
        63I-1-253 (Contingently Effective 01/01/25), as last amended by Laws of Utah 2023,
 Chapters 30, 52, 133, 161, 187, 310, 367, and 494
        76-5-103, as last amended by Laws of Utah 2022, Chapter 181
        78A-2-109.5, as last amended by Laws of Utah 2023, Chapter 441
 ENACTS:
        53-1-122, Utah Code Annotated 1953
        76-3-203.17, Utah Code Annotated 1953
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       01-31-24 4:20 PM                                                       2nd Sub. (Gray) H.B. 30
56
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 41-1a-102 is amended to read:
        41-1a-102. Definitions.
        As used in this chapter:
        (1) "Actual miles" means the actual distance a vehicle has traveled while in operation.
        (2) "Actual weight" means the actual unladen weight of a vehicle or combination of
 vehicles as operated and certified to by a weighmaster.
        (3) "All-terrain type I vehicle" means the same as that term is defined in Section
 41-22-2.
        (4) "All-terrain type II vehicle" means the same as that term is defined in Section
 41-22-2.
        (5) "All-terrain type III vehicle" means the same as that term is defined in Section
 41-22-2.
        (6) "Alternative fuel vehicle" means:
        (a) an electric motor vehicle;
        (b) a hybrid electric motor vehicle;
        (c) a plug-in hybrid electric motor vehicle; or
        (d) a motor vehicle powered exclusively by a fuel other than:
        (i) motor fuel;
        (ii) diesel fuel;
        (iii) natural gas; or
        (iv) propane.
        (7) "Amateur radio operator" means a person licensed by the Federal Communications
 Commission to engage in private and experimental two-way radio operation on the amateur
 band radio frequencies.
        (8) "Autocycle" means the same as that term is defined in Section 53-3-102.
        (9) "Automated driving system" means the same as that term is defined in Section
 41-26-102.1.
        (10) "Branded title" means a title certificate that is labeled:
        (a) rebuilt and restored to operation;
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          (b) flooded and restored to operation; or
          (c) not restored to operation.
          (11) "Camper" means a structure designed, used, and maintained primarily to be
 mounted on or affixed to a motor vehicle that contains a floor and is designed to provide a
 mobile dwelling, sleeping place, commercial space, or facilities for human habitation or for
 camping.
          (12) "Certificate of title" means a document issued by a jurisdiction to establish a
 record of ownership between an identified owner and the described vehicle, vessel, or outboard
 motor.
          (13) "Certified scale weigh ticket" means a weigh ticket that has been issued by a
 weighmaster.
          (14) "Commercial vehicle" means a motor vehicle, trailer, or semitrailer used or
 maintained for the transportation of persons or property that operates:
          (a) as a carrier for hire, compensation, or profit; or
          (b) as a carrier to transport the vehicle owner's goods or property in furtherance of the
 owner's commercial enterprise.
          (15) "Commission" means the State Tax Commission.
          (16) "Consumer price index" means the same as that term is defined in Section
 59-13-102.
          (17) "Dealer" means a person engaged or licensed to engage in the business of buying,
 selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on
 conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established
 place of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors.
          (18) "Diesel fuel" means the same as that term is defined in Section 59-13-102.
          (19) "Division" means the Motor Vehicle Division of the commission, created in
 Section 41-1a-106.
          (20) "Dynamic driving task" means the same as that term is defined in Section
 41-26-102.1.
          (21) "Electric motor vehicle" means a motor vehicle that is powered solely by an
 electric motor drawing current from a rechargeable energy storage system.
          (22) "Essential parts" means the integral and body parts of a vehicle of a type required
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        01-31-24 4:20 PM                                                      2nd Sub. (Gray) H.B. 30
 to be registered in this state, the removal, alteration, or substitution of which would tend to
 conceal the identity of the vehicle or substantially alter the vehicle's appearance, model, type,
 or mode of operation.
        (23) "Farm tractor" means a motor vehicle designed and used primarily as a farm
 implement for drawing plows, mowing machines, and other implements of husbandry.
        (24) (a) "Farm truck" means a truck used by the owner or operator of a farm solely for
 the owner's or operator's own use in the transportation of:
        (i) farm products, including livestock and its products, poultry and its products,
 floricultural and horticultural products;
        (ii) farm supplies, including tile, fence, and any other thing or commodity used in
 agricultural, floricultural, horticultural, livestock, and poultry production; and
        (iii) livestock, poultry, and other animals and things used for breeding, feeding, or
 other purposes connected with the operation of a farm.
        (b) "Farm truck" does not include the operation of trucks by commercial processors of
 agricultural products.
        (25) "Fleet" means one or more commercial vehicles.
        (26) "Foreign vehicle" means a vehicle of a type required to be registered, brought into
 this state from another state, territory, or country other than in the ordinary course of business
 by or through a manufacturer or dealer, and not registered in this state.
        (27) "Gross laden weight" means the actual weight of a vehicle or combination of
 vehicles, equipped for operation, to which shall be added the maximum load to be carried.
        (28) "Highway" or "street" means the entire width between property lines of every way
 or place of whatever nature when any part of it is open to the public, as a matter of right, for
 purposes of vehicular traffic.
        (29) "Hybrid electric motor vehicle" means a motor vehicle that draws propulsion
 energy from onboard sources of stored energy that are both:
        (a) an internal combustion engine or heat engine using consumable fuel; and
        (b) a rechargeable energy storage system where energy for the storage system comes
 solely from sources onboard the vehicle.
        (30) (a) "Identification number" means the identifying number assigned by the
 manufacturer or by the division for the purpose of identifying the vehicle, vessel, or outboard
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 motor.
          (b) "Identification number" includes a vehicle identification number, state assigned
 identification number, hull identification number, and motor serial number.
          (31) "Implement of husbandry" means a vehicle designed or adapted and used
 exclusively for an agricultural operation and only incidentally operated or moved upon the
 highways.
          (32) (a) "In-state miles" means the total number of miles operated in this state during
 the preceding year by fleet power units.
          (b) If a fleet is composed entirely of trailers or semitrailers, "in-state miles" means the
 total number of miles that those vehicles were towed on Utah highways during the preceding
 year.
          (33) "Interstate vehicle" means a commercial vehicle operated in more than one state,
 province, territory, or possession of the United States or foreign country.
          (34) "Jurisdiction" means a state, district, province, political subdivision, territory, or
 possession of the United States or any foreign country.
          (35) "Lienholder" means a person with a security interest in particular property.
          (36) "Manufactured home" means a transportable factory built housing unit constructed
 on or after June 15, 1976, according to the Federal Home Construction and Safety Standards
 Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight body
 feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more
 square feet, and which is built on a permanent chassis and designed to be used as a dwelling
 with or without a permanent foundation when connected to the required utilities, and includes
 the plumbing, heating, air-conditioning, and electrical systems.
          (37) "Manufacturer" means a person engaged in the business of constructing,
 manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or
 outboard motors for the purpose of sale or trade.
          (38) "Military vehicle" means a vehicle of any size or weight that was manufactured
 for use by armed forces and that is maintained in a condition that represents the vehicle's
 military design and markings regardless of current ownership or use.
          (39) "Mobile home" means a transportable factory built housing unit built prior to June
 15, 1976, in accordance with a state mobile home code which existed prior to the Federal
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 Manufactured Housing and Safety Standards Act (HUD Code).
        (40) "Motor fuel" means the same as that term is defined in Section 59-13-102.
        (41) (a) "Motor vehicle" means a self-propelled vehicle intended primarily for use and
 operation on the highways.
        (b) "Motor vehicle" does not include:
        (i) an off-highway vehicle; or
        (ii) a motor assisted scooter as defined in Section 41-6a-102.
        (42) "Motorboat" means the same as that term is defined in Section 73-18-2.
        (43) "Motorcycle" means:
        (a) a motor vehicle having a saddle for the use of the rider and designed to travel on not
 more than three wheels in contact with the ground; or
        (b) an autocycle.
        (44) "Natural gas" means a fuel of which the primary constituent is methane.
        (45) (a) "Nonresident" means a person who is not a resident of this state as defined by
 Section 41-1a-202, and who does not engage in intrastate business within this state and does
 not operate in that business any motor vehicle, trailer, or semitrailer within this state.
        (b) A person who engages in intrastate business within this state and operates in that
 business any motor vehicle, trailer, or semitrailer in this state or who, even though engaging in
 interstate commerce, maintains a vehicle in this state as the home station of that vehicle is
 considered a resident of this state, insofar as that vehicle is concerned in administering this
 chapter.
        (46) "Odometer" means a device for measuring and recording the actual distance a
 vehicle travels while in operation, but does not include any auxiliary odometer designed to be
 periodically reset.
        (47) "Off-highway implement of husbandry" means the same as that term is defined in
 Section 41-22-2.
        (48) "Off-highway vehicle" means the same as that term is defined in Section 41-22-2.
        (49) (a) "Operate" means:
        (i) to navigate a vessel; or
        (ii) collectively, the activities performed in order to perform the entire dynamic driving
 task for a given motor vehicle by:
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          (A) a human driver as defined in Section 41-26-102.1; or
          (B) an engaged automated driving system.
          (b) "Operate" includes testing of an automated driving system.
          (50) "Original issue license plate" means a license plate that is of a format and type
 issued by the state in the same year as the model year of a vehicle that is a model year 1973 or
 older.
          (51) "Outboard motor" means a detachable self-contained propulsion unit, excluding
 fuel supply, used to propel a vessel.
          (52) (a) "Owner" means a person, other than a lienholder, holding title to a vehicle,
 vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is subject to a
 security interest.
          (b) If a vehicle is the subject of an agreement for the conditional sale or installment
 sale or mortgage of the vehicle with the right of purchase upon performance of the conditions
 stated in the agreement and with an immediate right of possession vested in the conditional
 vendee or mortgagor, or if the vehicle is the subject of a security agreement, then the
 conditional vendee, mortgagor, or debtor is considered the owner for the purposes of this
 chapter.
          (c) If a vehicle is the subject of an agreement to lease, the lessor is considered the
 owner until the lessee exercises the lessee's option to purchase the vehicle.
          (53) "Park model recreational vehicle" means a unit that:
          (a) is designed and marketed as temporary living quarters for recreational, camping,
 travel, or seasonal use;
          (b) is not permanently affixed to real property for use as a permanent dwelling;
          (c) requires a special highway movement permit for transit; and
          (d) is built on a single chassis mounted on wheels with a gross trailer area not
 exceeding 400 square feet in the setup mode.
          (54) "Personalized license plate" means a license plate that has displayed on it a
 combination of letters, numbers, or both as requested by the owner of the vehicle and assigned
 to the