Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                        S.B. 237
Approved for Filing: K. Orton 6                          3rd Sub. (Ivory)
          6 02-29-24 3:53 PM 6
                 Representative Matthew H. Gwynn proposes the following substitute bill:
                                 TOWING MODIFICATIONS
                                      2024 GENERAL SESSION
                                           STATE OF UTAH
                              Chief Sponsor: Michael K. McKell
                              House Sponsor: Matthew H. Gwynn
 6
 LONG TITLE
 General Description:
        This bill makes changes regarding what information can be shared when a vehicle is
 towed and makes changes related to the Uninsured Motorist Identification Restricted
 Account.
 Highlighted Provisions:
        This bill:
        < allows information to be shared with a designated agent;
        < amends provisions related to the Uninsured Motorist Identification Restricted
 Account; and
        < allows a designated agent to share information with a towed vehicle's insurance
 company in certain circumstances.
 Money Appropriated in this Bill:
        None                                                                                 3rd Sub. S.B. 237
 Other Special Clauses:
        This bill provides a special effective date.
        This bill provides a coordination clause.
 Utah Code Sections Affected:
 AMENDS:
     *SB0237S03*
       3rd Sub. (Ivory) S.B. 237                                                   02-29-24 3:53 PM
        41-6a-102, as last amended by Laws of Utah 2023, Chapters 219, 532
        41-6a-1406, as last amended by Laws of Utah 2023, Chapter 335
        41-12a-805, as last amended by Laws of Utah 2012, Chapter 243
        41-12a-806, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 20
 Utah Code Sections Affected By Coordination Clause:
        41-6a-1406, as last amended by Laws of Utah 2023, Chapter 335
32
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 41-6a-102 is amended to read:
        41-6a-102. Definitions.
        As used in this chapter:
        (1) "Alley" means a street or highway intended to provide access to the rear or side of
 lots or buildings in urban districts and not intended for through vehicular traffic.
        (2) "All-terrain type I vehicle" means the same as that term is defined in Section
 41-22-2.
        (3) "Authorized emergency vehicle" includes:
        (a) fire department vehicles;
        (b) police vehicles;
        (c) ambulances; and
        (d) other publicly or privately owned vehicles as designated by the commissioner of the
 Department of Public Safety.
        (4) "Autocycle" means the same as that term is defined in Section 53-3-102.
        (5) (a) "Bicycle" means a wheeled vehicle:
        (i) propelled by human power by feet or hands acting upon pedals or cranks;
        (ii) with a seat or saddle designed for the use of the operator;
        (iii) designed to be operated on the ground; and
        (iv) whose wheels are not less than 14 inches in diameter.
        (b) "Bicycle" includes an electric assisted bicycle.
        (c) "Bicycle" does not include scooters and similar devices.
        (6) (a) "Bus" means a motor vehicle:
        (i) designed for carrying more than 15 passengers and used for the transportation of
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       02-29-24 3:53 PM                                                    3rd Sub. (Ivory) S.B. 237
 persons; or
         (ii) designed and used for the transportation of persons for compensation.
         (b) "Bus" does not include a taxicab.
         (7) (a) "Circular intersection" means an intersection that has an island, generally
 circular in design, located in the center of the intersection where traffic passes to the right of
 the island.
         (b) "Circular intersection" includes:
         (i) roundabouts;
         (ii) rotaries; and
         (iii) traffic circles.
         (8) "Class 1 electric assisted bicycle" means an electric assisted bicycle described in
 Subsection (18)(d)(i).
         (9) "Class 2 electric assisted bicycle" means an electric assisted bicycle described in
 Subsection (18)(d)(ii).
         (10) "Class 3 electric assisted bicycle" means an electric assisted bicycle described in
 Subsection (18)(d)(iii).
         (11) "Commissioner" means the commissioner of the Department of Public Safety.
         (12) "Controlled-access highway" means a highway, street, or roadway:
         (a) designed primarily for through traffic; and
         (b) to or from which owners or occupants of abutting lands and other persons have no
 legal right of access, except at points as determined by the highway authority having
 jurisdiction over the highway, street, or roadway.
         (13) "Crosswalk" means:
         (a) that part of a roadway at an intersection included within the connections of the
 lateral lines of the sidewalks on opposite sides of the highway measured from:
         (i) (A) the curbs; or
         (B) in the absence of curbs, from the edges of the traversable roadway; and
         (ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway
 included within the extension of the lateral lines of the existing sidewalk at right angles to the
 centerline; or
         (b) any portion of a roadway at an intersection or elsewhere distinctly indicated for
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       3rd Sub. (Ivory) S.B. 237                                                   02-29-24 3:53 PM
 pedestrian crossing by lines or other markings on the surface.
         (14) "Department" means the Department of Public Safety.
         (15) "Direct supervision" means oversight at a distance within which:
         (a) visual contact is maintained; and
         (b) advice and assistance can be given and received.
         (16) "Divided highway" means a highway divided into two or more roadways by:
         (a) an unpaved intervening space;
         (b) a physical barrier; or
         (c) a clearly indicated dividing section constructed to impede vehicular traffic.
         (17) "Echelon formation" means the operation of two or more snowplows arranged
 side-by-side or diagonally across multiple lanes of traffic of a multi-lane highway to clear snow
 from two or more lanes at once.
         (18) "Electric assisted bicycle" means a bicycle with an electric motor that:
         (a) has a power output of not more than 750 watts;
         (b) has fully operable pedals on permanently affixed cranks;
         (c) is fully operable as a bicycle without the use of the electric motor; and
         (d) is one of the following:
         (i) an electric assisted bicycle equipped with a motor or electronics that:
         (A) provides assistance only when the rider is pedaling; and
         (B) ceases to provide assistance when the bicycle reaches the speed of 20 miles per
 hour;
         (ii) an electric assisted bicycle equipped with a motor or electronics that:
         (A) may be used exclusively to propel the bicycle; and
         (B) is not capable of providing assistance when the bicycle reaches the speed of 20
 miles per hour; or
         (iii) an electric assisted bicycle equipped with a motor or electronics that:
         (A) provides assistance only when the rider is pedaling;
         (B) ceases to provide assistance when the bicycle reaches the speed of 28 miles per
 hour; and
         (C) is equipped with a speedometer.
         (19) (a) "Electric personal assistive mobility device" means a self-balancing device
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        02-29-24 3:53 PM                                                  3rd Sub. (Ivory) S.B. 237
 with:
         (i) two nontandem wheels in contact with the ground;
         (ii) a system capable of steering and stopping the unit under typical operating
 conditions;
         (iii) an electric propulsion system with average power of one horsepower or 750 watts;
         (iv) a maximum speed capacity on a paved, level surface of 12.5 miles per hour; and
         (v) a deck design for a person to stand while operating the device.
         (b) "Electric personal assistive mobility device" does not include a wheelchair.
         (20) "Explosives" means a chemical compound or mechanical mixture commonly used
 or intended for the purpose of producing an explosion and that contains any oxidizing and
 combustive units or other ingredients in proportions, quantities, or packing so that an ignition
 by fire, friction, concussion, percussion, or detonator of any part of the compound or mixture
 may cause a sudden generation of highly heated gases, and the resultant gaseous pressures are
 capable of producing destructive effects on contiguous objects or of causing death or serious
 bodily injury.
         (21) "Farm tractor" means a motor vehicle designed and used primarily as a farm
 implement, for drawing plows, mowing machines, and other implements of husbandry.
         (22) "Flammable liquid" means a liquid that has a flashpoint of 100 degrees F. or less,
 as determined by a Tagliabue or equivalent closed-cup test device.
         (23) "Freeway" means a controlled-access highway that is part of the interstate system
 as defined in Section 72-1-102.
         (24) (a) "Golf cart" means a device that:
         (i) is designed for transportation by players on a golf course;
         (ii) has not less than three wheels in contact with the ground;
         (iii) has an unladen weight of less than 1,800 pounds;
         (iv) is designed to operate at low speeds; and
         (v) is designed to carry not more than six persons including the driver.
         (b) "Golf cart" does not include:
         (i) a low-speed vehicle or an off-highway vehicle;
         (ii) a motorized wheelchair;
         (iii) an electric personal assistive mobility device;
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        3rd Sub. (Ivory) S.B. 237                                                    02-29-24 3:53 PM
           (iv) an electric assisted bicycle;
           (v) a motor assisted scooter;
           (vi) a personal delivery device, as defined in Section 41-6a-1119; or
           (vii) a mobile carrier, as defined in Section 41-6a-1120.
           (25) "Gore area" means the area delineated by two solid white lines that is between a
 continuing lane of a through roadway and a lane used to enter or exit the continuing lane
 including similar areas between merging or splitting highways.
           (26) "Gross weight" means the weight of a vehicle without a load plus the weight of
 any load on the vehicle.
           (27) "Hi-rail vehicle" means a roadway maintenance vehicle that is:
           (a) manufactured to meet Federal Motor Vehicle Safety Standards; and
           (b) equipped with retractable flanged wheels that allow the vehicle to travel on a
 highway or railroad tracks.
           (28) "Highway" means the entire width between property lines of every way or place of
 any nature when any part of it is open to the use of the public as a matter of right for vehicular
 travel.
           (29) "Highway authority" means the same as that term is defined in Section 72-1-102.
           (30) (a) "Intersection" means the area embraced within the prolongation or connection
 of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two or
 more highways that join one another.
           (b) Where a highway includes two roadways 30 feet or more apart:
           (i) every crossing of each roadway of the divided highway by an intersecting highway
 is a separate intersection; and
           (ii) if the intersecting highway also includes two roadways 30 feet or more apart, then
 every crossing of two roadways of the highways is a separate intersection.
           (c) "Intersection" does not include the junction of an alley with a street or highway.
           (31) "Island" means an area between traffic lanes or at an intersection for control of
 vehicle movements or for pedestrian refuge designated by:
           (a) pavement markings, which may include an area designated by two solid yellow
 lines surrounding the perimeter of the area;
           (b) channelizing devices;
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        02-29-24 3:53 PM                                                     3rd Sub. (Ivory) S.B. 237
         (c) curbs;
         (d) pavement edges; or
         (e) other devices.
         (32) "Lane filtering" means, when operating a motorcycle other than an autocycle, the
 act of overtaking and passing another vehicle that is stopped in the same direction of travel in
 the same lane.
         (33) "Law enforcement agency" means the same as that term is as defined in Section
 53-1-102.
         (34) "Limited access highway" means a highway:
         (a) that is designated specifically for through traffic; and
         (b) over, from, or to which neither owners nor occupants of abutting lands nor other
 persons have any right or easement, or have only a limited right or easement of access, light,
 air, or view.
         (35) "Local highway authority" means the legislative, executive, or governing body of
 a county, municipal, or other local board or body having authority to enact laws relating to
 traffic under the constitution and laws of the state.
         (36) (a) "Low-speed vehicle" means a four wheeled electric motor vehicle that:
         (i) is designed to be operated at speeds of not more than 25 miles per hour; and
         (ii) has a capacity of not more than six passengers, including a conventional driver or
 fallback-ready user if on board the vehicle, as those terms are defined in Section 41-26-102.1.
         (b) "Low-speed vehicle" does not include a golfcart or an off-highway vehicle.
         (37) "Metal tire" means a tire, the surface of which in contact with the highway is
 wholly or partly of metal or other hard nonresilient material.
         (38) (a) "Mini-motorcycle" means a motorcycle or motor-driven cycle that has a seat or
 saddle that is less than 24 inches from the ground as measured on a level surface with properly
 inflated tires.
         (b) "Mini-motorcycle" does not include a moped or a motor assisted scooter.
         (c) "Mini-motorcycle" does not include a motorcycle that is:
         (i) designed for off-highway use; and
         (ii) registered as an off-highway vehicle under Section 41-22-3.
         (39) "Mobile home" means:
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        3rd Sub. (Ivory) S.B. 237                                                 02-29-24 3:53 PM
        (a) a trailer or semitrailer that is:
        (i) designed, constructed, and equipped as a dwelling place, living abode, or sleeping
 place either permanently or temporarily; and
        (ii) equipped for use as a conveyance on streets and highways; or
        (b) a trailer or a semitrailer whose chassis and exterior shell is designed and
 constructed for use as a mobile home, as defined in Subsection (39)(a), but that is instead used
 permanently or temporarily for:
        (i) the advertising, sale, display, or promotion of merchandise or services; or
        (ii) any other commercial purpose except the transportation of property for hire or the
 transportation of property for distribution by a private carrier.
        (40) "Mobility disability" means the inability of a person to use one or more of the
 person's extremities or difficulty with motor skills, that may include limitations with walking,
 grasping, or lifting an object, caused by a neuro-muscular, orthopedic, or other condition.
        (41) (a) "Moped" means a motor-driven cycle having:
        (i) pedals to permit propulsion by human power; and
        (ii) a motor that:
        (A) produces not more than two brake horsepower; and
        (B) is not capable of propelling the cycle at a speed in excess of 30 miles per hour on
 level ground.
        (b) If an internal combustion engine is used, the displacement may not exceed 50 cubic
 centimeters and the moped shall have a power drive system that functions directly or
 automatically without clutching or shifting by the operator after the drive system is engaged.
        (c) "Moped" does not include:
        (i) an electric assisted bicycle; or
        (ii) a motor assisted scooter.
        (42) (a) "Motor assisted scooter" means a self-propelled device with:
        (i) at least two wheels in contact with the ground;
        (ii) a braking system capable of stopping the unit under typical operating conditions;
        (iii) an electric motor not exceeding 2,000 watts;
        (iv) either:
        (A) handlebars and a deck design for a person to stand while operating the device; or
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       02-29-24 3:53 PM                                                      3rd Sub. (Ivory) S.B. 237
           (B) handlebars and a seat designed for a person to sit, straddle, or stand while operating
 the de