Boating Insurance Amendments

49
31A-22-301
31A-22-315
31A-22-1501
31A-22-1502
31A-22-1503
31A-22-1504
41-1a-102
41-1a-110
41-1a-1218
41-1a-1220
41-12a-103
41-12a-303.2
41-12a-803
41-12a-804
41-12a-805
73-18-13.5
73-18c-101
73-18c-102
73-18c-103
73-18c-201
73-18c-301
73-18c-302
73-18c-303
73-18c-304
73-18c-305
73-18c-306
73-18c-307
73-18c-308
0
Boating Insurance Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Colin W. Jack
Senate Sponsor:
LONG TITLE
General Description:
This bill removes the requirement for boat insurance.
Highlighted Provisions:
This bill:
repeals the statutory requirement for boat insurance; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
31A-22-301
Effective
upon governor's approval
, as last amended by Laws of Utah
2024, Chapter 236
31A-22-315
Effective
upon governor's approval
, as last amended by Laws of Utah
2024, Chapter 236
41-1a-102
Effective
upon governor's approval
, as last amended by Laws of Utah 2025,
Chapter 285
41-1a-110
Effective
upon governor's approval
, as last amended by Laws of Utah 2025,
Chapter 285
41-1a-1218
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 279
41-1a-1220
Effective
upon governor's approval
, as last amended by Laws of Utah
2024, Chapter 236
41-12a-103
Effective
upon governor's approval
, as last amended by Laws of Utah
2024, Chapter 236
41-12a-303.2
Effective
upon governor's approval
, as last amended by Laws of Utah
2024, Chapter 236
41-12a-803
Effective
upon governor's approval
, as last amended by Laws of Utah
2024, Chapter 236
41-12a-804
Effective
upon governor's approval
, as last amended by Laws of Utah
2025, Chapter 285
41-12a-805
Effective
upon governor's approval
, as last amended by Laws of Utah
2024, Chapter 236
REPEALS:
31A-22-1501
Effective
upon governor's approval
, as last amended by Laws of Utah
2006, Chapter 211
31A-22-1502
Effective
upon governor's approval
, as last amended by Laws of Utah
2006, Chapter 211
31A-22-1503
Effective
upon governor's approval
, as last amended by Laws of Utah
2006, Chapter 211
31A-22-1504
Effective
upon governor's approval
, as last amended by Laws of Utah
2006, Chapter 211
73-18-13.5
Effective
upon governor's approval
, as last amended by Laws of Utah 2024,
Chapter 236
73-18c-101
Effective
upon governor's approval
, as last amended by Laws of Utah
2006, Chapter 211
73-18c-102
Effective
upon governor's approval
, as last amended by Laws of Utah
2022, Chapter 68
73-18c-103
Effective
upon governor's approval
, as enacted by Laws of Utah 1997,
Chapter 348
73-18c-201
Effective
upon governor's approval
, as last amended by Laws of Utah
2022, Chapters 68, 274
73-18c-301
Effective
upon governor's approval
, as last amended by Laws of Utah
2006, Chapter 211
73-18c-302
Effective
upon governor's approval
, as last amended by Laws of Utah
2015, Chapter 412
73-18c-303
Effective
upon governor's approval
, as last amended by Laws of Utah
2006, Chapter 211
73-18c-304
Effective
upon governor's approval
, as last amended by Laws of Utah
2024, Chapter 236
73-18c-305
Effective
upon governor's approval
, as enacted by Laws of Utah 1997,
Chapter 348
73-18c-306
Effective
upon governor's approval
, as last amended by Laws of Utah
2008, Chapter 382
73-18c-307
Effective
upon governor's approval
, as last amended by Laws of Utah
2006, Chapter 211
73-18c-308
Effective
upon governor's approval
, as enacted by Laws of Utah 1997,
Chapter 348
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
31A-22-301
is amended to read:
31A-22-301
Effective
upon governor's approval
. Definitions.
As used in this part:
(1)
(a)
"Motor vehicle" means the same as that term is defined in Section
41-6a-102
.
(b)
For purposes of this chapter, "motor vehicle" includes a street-legal all-terrain
vehicle.
(2)
"Motor vehicle business" means a motor vehicle sales agency, repair shop, service
station, storage garage, or public parking place.
(3)
"Motor vehicle liability policy" means a policy which satisfies the requirements of
Sections
31A-22-303
and
31A-22-304
.
(4)
"Motorboat" means the same as that term is defined in Section
73-18c-102
73-18-2
.
(5)
"Occupying" means being in or on a motor vehicle as a passenger or operator, or being
engaged in the immediate acts of entering, boarding, or alighting from a motor vehicle.
(6)
"Operator" means the same as that term is defined in Subsection
41-12a-103(7)
.
(7)
"Owner" means the same as that term is defined in Subsection
41-12a-103(8)
.
(8)
"Pedestrian" means any natural person not occupying a motor vehicle.
(9)
"Street-legal all-terrain vehicle" means the same as that term is defined in Section
41-6a-102
.
Section 2. Section
31A-22-315
is amended to read:
31A-22-315
Effective
upon governor's approval
. Motor vehicle insurance
reporting -- Penalty.
(1)
(a)
As used in this section, "commercial motor vehicle insurance coverage" means an
insurance policy that:
(i)
includes motor vehicle liability coverage, uninsured motorist coverage,
underinsured motorist coverage, or personal injury coverage; and
(ii)
is defined by the department.
(b)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department shall make rules defining commercial motor vehicle insurance coverage.
(2)
(a)
Except as provided in Subsections
(2)(b)
and
(c)
, each insurer that issues a policy
that includes motor vehicle liability coverage, uninsured motorist coverage,
underinsured motorist coverage, or personal injury coverage under this part shall
before the seventh and twenty-first day of each calendar month provide to the
Department of Public Safety's designated agent selected in accordance with Title 41,
Chapter 12a, Part 8, Uninsured Motorist Identification Database Program, a record of
each motor vehicle
or motorboat
insurance policy in effect for vehicles registered or
garaged in Utah as of the previous submission that was issued by the insurer.
(b)
Each insurer that issues commercial motor vehicle insurance coverage shall before
the seventh day of each calendar month provide to the Department of Public Safety's
designated agent selected in accordance with Title 41, Chapter 12a, Part 8, Uninsured
Motorist Identification Database Program, a record of each commercial motor vehicle
insurance policy in effect for vehicles registered or garaged in Utah as of the previous
month that was issued by the insurer.
(c)
An insurer that issues a policy that includes motor vehicle liability coverage,
uninsured motorist coverage, underinsured motorist coverage, or personal injury
coverage under this part is not required to provide a record of a motor vehicle
insurance policy in effect for a vehicle to the Department of Public Safety's
designated agent under Subsection
(2)(a)
or
(b)
if the policy covers a vehicle that is
registered under Section
41-1a-221
,
41-1a-222
, or
41-1a-301
.
(d)
This Subsection
(2)
does not preclude more frequent reporting.
(3)
(a)
A record provided by an insurer under Subsection
(2)(a)
shall include:
(i)
the name, date of birth, and driver license number, if the insured provides a driver
license number to the insurer, of each insured owner or operator, and the address
of the named insured;
(ii)
the make, year, and vehicle identification number of each insured vehicle; and
(iii)
the policy number, effective date, and expiration date of each policy.
(b)
A record provided by an insurer under Subsection
(2)(b)
shall include:
(i)
the named insured;
(ii)
the policy number, effective date, and expiration date of each policy; and
(iii)
the following information, if available:
(A)
the name, date of birth, and driver license number of each insured owner or
operator, and the address of the named insured; and
(B)
the make, year, and vehicle identification number of each insured vehicle.
(4)
Each insurer shall provide this information by an electronic means or by another form
the Department of Public Safety's designated agent agrees to accept.
(5)
(a)
The commissioner may, following procedures set forth in Title 63G, Chapter 4,
Administrative Procedures Act, assess a fine against an insurer of up to $250 for each
day the insurer fails to comply with this section.
(b)
If an insurer shows that the failure to comply with this section was inadvertent,
accidental, or the result of excusable neglect, the commissioner shall excuse the fine.
Section 3. Section
41-1a-102
is amended to read:
41-1a-102
Effective
upon governor's approval
. 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;
(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
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 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,
and
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:
(a)
one or more commercial vehicles; or
(b)
for purposes of Section
41-1a-215
, one or more personal 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 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
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" includes a roadable aircraft and a street-legal all-terrain vehicle.
(c)
"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
73-18c-102
.
(43)
(42)
"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)
(43)
"Natural gas" means a fuel of which the primary constituent is methane.
(45)
(44)
(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)
(45)
"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)
(46)
"Off-highway implement of husbandry" means the same as that term is defined
in Section
41-22-2
.
(48)
(47)
"Off-highway vehicle" means the same as that term is defined in Section
41-22-2
.
(49)
(48)
(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:
(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)
(49)
"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)
(50)
"Outboard motor" means a detachable self-contained propulsion unit, excluding
fuel supply, used to propel a vessel.
(52)
(51)
(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)
(52)
"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)
(53)
"Personal vehicle" means a vehicle that is not a commercial vehicle.
(55)
(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 vehicle by the division.
(56)
(55)
(a)
"Pickup truck" means a two-axle motor vehicle with motive power
manufactured, remanufactured, or materially altered to provide an open cargo area.
(b)
"Pickup truck" includes a motor vehicle with the open cargo area covered with a
camper, camper shell, tarp, removable top, or similar structure.
(57)
(56)
"Plug-in hybrid electric motor vehicle" means a hybrid electric motor vehicle
that has the capability to charge the battery or batteries used for vehicle propulsion from
an off-vehicle electric source, such that the off-vehicle source cannot be connected to the
vehicle while the vehicle is in motion.
(58)
(57)
"Pneumatic tire" means a tire in which compressed air is designed to support the
load.
(59)
(58)
"Preceding year" means a period of 12 consecutive months fixed by the division
that is within 16 months immediately preceding the commencement of the registration or
license year in which proportional registration is sought. The division in fixing the
period shall conform it to the terms, conditions, and requirements of any applicable
agreement or arrangement for the proportional registration of vehicles.
(60)
(59)
"Public garage" means a building or other place where vehicles or vessels are
kept and stored and where a charge is made for the storage and keeping of vehicles and
vessels.
(61)
(60)
"Receipt of surrender of ownership documents" means the receipt of surrender of
ownership documents described in Section
41-1a-503
.
(62)
(61)
"Reconstructed vehicle" means a vehicle of a type required to be registered in
this state that is materially altered from its original construction by the removal,
addition, or substitution of essential parts, new or used.
(63)
(62)
"Recreational vehicle" means the same as that term is defined in Section
13-14-102
.
(64)
(63)
"Registration" means a document issued by a jurisdiction that allows operation of
a vehicle or vessel on the highways or waters of this state for the time period for which
the registration is valid and that is evidence of compliance with the registration
requirements of the jurisdiction.
(65)
(64)
"Registration decal" means the decal issued by the division that is evidence of
compliance with the division's registration requirements.
(66)
(65)
(a)
"Registration year" means a 12 consecutive month period commencing
with the completion of the applicable registration criteria.
(b)
For administration of a multistate agreement for proportional registration the division
may prescribe a different 12-month period.
(67)
(66)
"Repair or replacement" means the restoration of vehicles, vessels, or outboard
motors to a sound working condition by substituting any inoperative part of the vehicle,
vessel, or outboard motor, or by correcting the inoperative part.
(68)
(67)
"Replica vehicle" means:
(a)
a street rod that meets the requirements under Subsection
41-21-1(3)(a)(i)(B)
; or
(b)
a custom vehicle that meets the requirements under Subsection
41-6a-1507(1)(a)(i)(B)
.
(69)
(68)
"Restored-modified vehicle" means a motor vehicle that has been restored and
modified with modern parts and technology, including emission control technology and
an on-board diagnostic system.
(70)
(69)
"Road tractor" means a motor vehicle designed and used for drawing other
vehicles and constructed so it does not carry any load either independently or any part of
the weight of a vehicle or load that is drawn.
(71)
(70)
"Roadable aircraft" means the same as that term is defined in Section
72-10-102
.
(72)
(71)
"Sailboat" means the same as that term is defined in Section
73-18-2
.
(73)
(72)
"Security interest" means an interest that is reserved or created by a security
agreement to secure the payment or performance of an obligation and that is valid
against third parties.
(74)
(73)
"Semitrailer" means the same as the term "trailer."
(75)
(74)
"Special group license plate" means a type of license plate designed for a
particular group of people or a license plate authorized and issued by the division in
accordance with Section
41-1a-418
or Part 16, Sponsored Special Group License Plates.
(76)
(75)
(a)
"Special interest vehicle" means a vehicle used for general transportation
purposes and that is:
(i)
20 years or older from the current year; or
(ii)
a make or model of motor vehicle recognized by the division director as having
unique interest or historic value.
(b)
In making a determination under Subsection
(76)(a)
, the division director shall give
special consideration to:
(i)
a make of motor vehicle that is no longer manufactured;
(ii)
a make or model of motor vehicle produced in limited or token quantities;
(iii)
a make or model of motor vehicle produced as an experimental vehicle or one
designed exclusively for educational purposes or museum display; or
(iv)
a motor vehicle of any age or make that has not been substantially altered or
modified from original specifications of the manufacturer and because of its
significance is being collected, preserved, restored, maintained, or operated by a
collector or hobbyist as a leisure pursuit.
(77)
(76)
(a)
"Special mobile equipment" means a vehicle:
(i)
not designed or used primarily for the transportation of persons or property;
(ii)
not designed to operate in traffic; and
(iii)
only incidentally operated or moved over the highways.
(b)
"Special mobile equipment" includes:
(i)
farm tractors;
(ii)
off-road motorized construction or maintenance equipment including backhoes,
bulldozers, compactors, graders, loaders, road rollers, tractors, and trenchers; and
(iii)
ditch-digging apparatus.
(c)
"Special mobile equipment" does not include a commercial vehicle as defined under
Section
72-9-102
.
(78)
(77)
"Specially constructed vehicle" means a vehicle of a type required to be
registered in this state, not originally constructed under a distinctive name, make, model,
or type by a generally recognized manufacturer of vehicles, and not materially altered
from its original construction.
(79)
(78)
(a)
"Standard license plate" means a license plate for general issue described
in Subsection
41-1a-402(1)
.
(b)
"Standard license plate" includes a license plate for general issue that the division
issues before January 1, 2024.
(80)
(79)
"State impound yard" means a yard for the storage of a vehicle, vessel, or
outboard motor that meets the requirements of rules made by the commission as
described in Subsection
41-1a-1101(7)
.
(81)
(80)
"Street-legal all-terrain vehicle" or "street-legal ATV" means the same as that
term is defined in Section
41-6a-102
.
(82)
(81)
"Symbol decal" means the decal that is designed to represent a special group and
displayed on a special group license plate.
(83)
(82)
"Title" means the right to or ownership of a vehicle, vessel, or outboard motor.
(84)
(83)
(a)
"Total fleet miles" means the total number of miles operated in all
jurisdictions during the preceding year by power units.
(b)
If fleets are composed entirely of trailers or semitrailers, "total fleet miles" means the
number of miles that those vehicles were towed on the highways of all jurisdictions
during the preceding year.
(85)
(84)
"Tow truck motor carrier" means the same as that term is defined in Section
72-9-102
.
(86)
(85)
"Tow truck operator" means the same as that term is defined in Section
72-9-102
.
(87)
(86)
"Trailer" means a vehicle:
(a)
without motive power; and
(b)
designed for:
(i)
carrying persons or property; and
(ii)
being drawn by a motor vehicle.
(88)
(87)
"Transferee" means a person to whom the ownership of property is conveyed by
sale, gift, or any other means except by the creation of a security interest.
(89)
(88)
"Transferor" means a person who transfers the person's ownership in property by
sale, gift, or any other means except by creation of a security interest.
(90)
(89)
"Travel trailer," "camping trailer," or "fifth wheel trailer" means a portable
vehicle without motive power, designed as a temporary dwelling for travel, recreational,
or vacation use that does not require a special highway movement permit when drawn
by a self-propelled motor vehicle.
(91)
(90)
"Truck tractor" means a motor vehicle designed and used primarily for drawing
other vehicles and not constructed to carry a load other than a part of the weight of the
vehicle and load that is drawn.
(92)
(91)
"Vehicle" includes a motor vehicle, trailer, semitrailer, off-highway vehicle,
camper, park model recreational vehicle, manufactured home, and mobile home.
(93)
(92)
"Vessel" means the same as that term is defined in Section
73-18-2
.
(94)
(93)
"Vintage vehicle" means the same as that term is defined in Section
41-21-1
.
(95)
(94)
"Waters of this state" means the same as that term is defined in Section
73-18-2
.
(96)
(95)
"Weighmaster" means a person, association of persons, or corporation permitted
to weigh vehicles under this chapter.
Section 4. Section
41-1a-110
is amended to read:
41-1a-110
Effective
upon governor's approval
. Authority of division to suspend
or revoke registration, certificate of title, license plate, or permit.
(1)
Except as provided in
Subsections
(3)
and
(4)
Subsection
(3)
, the division may suspend
or revoke a registration, certificate of title, license plate, or permit if:
(a)
the division is satisfied that a registration, certificate of title, license plate, or permit
was fraudulently procured or erroneously issued;
(b)
the division determines that a registered vehicle is mechanically unfit or unsafe to be
operated or moved upon the highways;
(c)
a registered vehicle has been dismantled;
(d)
the division determines that the required fee has not been paid and the fee is not paid
upon reasonable notice and demand;
(e)
a registration decal, license plate, or permit is knowingly displayed upon a vehicle
other than the one for which issued;
(f)
the division determines that the owner has committed any offense under this chapter
involving the registration, certificate of title, registration card, license plate,
registration decal, or permit; or
(g)
the division receives notification by the Department of Transportation that the owner
has committed any offence under
Title 72, Chapter 9, Motor Carrier Safety Act
.
(2)
(a)
The division shall revoke the registration of a vehicle if the division receives
notification by the:
(i)
Department of Public Safety that a person:
(A)
has been convicted of operating a registered motor vehicle in violation of
Section
41-12a-301
or
41-12a-303.2
; or
(B)
is under an administrative action taken by the Department of Public Safety for
operating a registered motor vehicle in violation of Section
41-12a-301
;
or
(ii)
designated agent that the owner of a motor vehicle:
(A)
has failed to provide satisfactory proof of owner's or operator's security to the
designated agent after the second notice provided under Section
41-12a-804
; or
(B)
provided a false or fraudulent statement to the designated agent
.
; or
(iii)
designated agent that, during the months of April through October, the owner of
a motorboat:
(A)
has failed to provide satisfactory proof of owner's or operator's security to the
designated agent after the second notice provided under Section
41-12a-804
; or
(B)
provided a false or fraudulent statement to the designated agent.
(b)
The division shall notify the Driver License Division if the division revokes the
registration of a vehicle under Subsection
(2)(a)(ii)(A)
.
(3)
The division may not suspend or revoke the registration of a vessel or outboard motor
unless authorized under Section
73-18-7.3
.
(4)
(3)
The division may not suspend or revoke the registration of an off-highway vehicle
unless authorized under Section
41-22-17
.
(5)
(4)
The division shall charge a registration reinstatement fee under Section
41-1a-1220
,
if the registration is revoked under Subsection
(2)
.
(6)
(5)
Except as provided in
Subsections
(3)
,
(4)
, and
(7)
Subsections
(3)
and
(6)
, the
division may suspend or revoke a registered vehicle's registration if the division is
notified by a local health department, as defined in Section
26A-1-102
, that the
registered vehicle is unable to meet state or local air emissions standards or violates
Subsection
41-6a-1626(2)(a)
or
(b)
.
(7)
(6)
The division may not suspend or revoke a registered vehicle's registration under
Subsection
(6)
Subsection
(5)
if the registered vehicle has a manufacturer's gross vehicle
weight rating that is greater than 26,000 pounds.
Section 5. Section
41-1a-1218
is amended to read:
41-1a-1218
Effective
07/01/26
. Uninsured motorist identification fee for
tracking motor vehicle insurance -- Exemption -- Deposit.
(1)
(a)
Except as provided in Subsections
(1)(b)
and
(c)
, at the time application is made
for registration or renewal of registration under this chapter, the applicant shall pay
an uninsured motorist identification fee of
:
$1 on each motor vehicle or street-legal
all-terrain vehicle.
(i)
$1 on each motor vehicle or street-legal all-terrain vehicle; or
(ii)
$2 on each motorboat.
(b)
Except as provided in Subsection
(1)(c)
, at the time application is made for
registration or renewal of registration of a motor vehicle for a six-month registration
period under Section
41-1a-215.5
, the applicant shall pay an uninsured motorist
identification fee of 75 cents on each motor vehicle.
(c)
The following are exempt from the fee required under Subsection
(1)(a)
or
(b)
:
(i)
a commercial vehicle registered as part of a fleet under Section
41-1a-222
or
Section
41-1a-301
;
(ii)
a motor vehicle that is exempt from the registration fee under Section
41-1a-1209

or Subsection
41-1a-419(3)
; and
(iii)
a motor vehicle with a Purple Heart special group license plate issued:
(A)
on or before December 31, 2023; or
(B)
in accordance with Part 16, Sponsored Special Group License Plates.
(2)
For a vehicle registered for a 24-month period as provided in Section
41-1a-215.5
, the
fee amounts under this section are double the amounts due for the same vehicle
registered for a 12-month period.
(3)
The revenue generated under this section shall be deposited in the Uninsured Motorist
Identification Restricted Account created in Section
41-12a-806
.
Section 6. Section
41-1a-1220
is amended to read:
41-1a-1220
Effective
upon governor's approval
. Registration reinstatement fee.
(1)
(a)
Except as provided in Subsection (1)(b), at
At
the time application is made for
reinstatement or renewal of registration of a motor vehicle after a revocation of the
registration under Subsection
41-1a-110
(2), the applicant shall pay a registration
reinstatement fee of $100.
(b)
The registration reinstatement fee does not apply to a motorboat.
(2)
The fee imposed under Subsection
(1)
:
(a)
is in addition to any other fee imposed under this chapter; and
(b)
shall be deposited in the Uninsured Motorist Identification Restricted Account
created in Section
41-12a-806
.
(3)
The division shall waive the registration reinstatement fee imposed under this section if:
(a)
the registration was revoked under Subsection
41-1a-110
(2)(a)(ii); and
(b)
a person had owner's or operator's security in effect for the vehicle at the time of the
alleged violation or on the day following the time limit provided after the second
notice under Subsection
41-12a-804
(2).
Section 7. Section
41-12a-103
is amended to read:
41-12a-103
Effective
upon governor's approval
. Definitions.
As used in this chapter:
(1)
"Department" means the Department of Public Safety.
(2)
"Judgment" means any judgment that is final by:
(a)
expiration without appeal of the time within which an appeal might have been
perfected; or
(b)
final affirmation on appeal, rendered by a court of competent jurisdiction of any state
or of the United States, upon a cause of action for damages:
(i)
arising out of the ownership, maintenance, or use of any motor vehicle, including
damages for care and loss of services because of bodily injury to or death of any
person, or because of injury to or destruction of property including the loss of use
of the property; or
(ii)
on a settlement agreement.
(3)
"License" or "license certificate"
have the same meanings as under
mean the same as
those terms are defined in
Section
53-3-102
.
(4)
(a)
"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.
(b)
"Motor vehicle" does not include traction engines, road rollers, farm tractors, tractor
cranes, power shovels, and well drillers, and every vehicle that is propelled by
electric power obtained from overhead wires but not operated upon rails.
(5)
"Motorboat" means the same as that term is defined in Section
73-18c-102
.
(6)
(5)
"Nonresident" means every person who is not a resident of Utah.
(7)
(6)
"Nonresident's operating privilege" means the privilege conferred upon a person
who is not a resident of Utah by the laws of Utah pertaining to the operation by him of a
motor vehicle, or the use of a motor vehicle owned by him, in Utah.
(8)
(7)
"Operator" means every person who is in actual physical control of a motor vehicle.
(9)
(8)
"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.
(10)
(9)
"Owner's or operator's security," "owner's security," or "operator's security" means
any of the following:
(a)
an insurance policy or combination of policies conforming to Section
31A-22-302
,
which is issued by an insurer authorized to do business in Utah;
(b)
an insurance policy or combination of policies issued or renewed prior to January 1,
2009
,
that:
(i)
conformed to the minimum coverage limits of Section
31A-22-304
prior to
January 1, 2009; and
(ii)
conform to the current requirements other than the minimum coverage limits of
policies issued in accordance with Section
31A-22-302
;
(c)
a surety bond issued by an insurer authorized to do a surety business in Utah in
which the surety is subject to the minimum coverage limits and other requirements of
policies conforming to Section
31A-22-302
, which names the department as a
creditor under the bond for the use of persons entitled to the proceeds of the bond;
(d)
a deposit with the state treasurer of cash or securities complying with Section
41-12a-406
;
(e)
maintaining a certificate of self-funded coverage under Section
41-12a-407
; or
(f)
a policy conforming to Section
31A-22-302
issued by the Risk Management Fund
created in Section
63A-4-201
.
(11)
(10)
"Registration" means the issuance of the certificates and registration plates
issued under the laws of Utah pertaining to the registration of motor vehicles.
(12)
(11)
"Self-insurance"
has the same meaning as provided
means the same as that term
is defined
in Section
31A-1-301
.
Section 8. Section
41-12a-303.2
is amended to read:
41-12a-303.2
Effective
upon governor's approval
. Evidence of owner's or
operator's security to be carried when operating motor vehicle -- Defense -- Penalties.
(1)
As used in this section:
(a)
"Division" means the Motor Vehicle Division of the State Tax Commission.
(b)
"Registration materials" means the evidences of motor vehicle registration, including
all registration cards, license plates, temporary permits, and nonresident temporary
permits.
(2)
(a)
(i)
A person operating a motor vehicle shall:
(A)
have in the person's immediate possession evidence of owner's or operator's
security for the motor vehicle the person is operating; and
(B)
display it upon demand of a peace officer.
(ii)
A person is exempt from the requirements of Subsection
(2)(a)(i)
if the person is
operating:
(A)
a government-owned or leased motor vehicle; or
(B)
an employer-owned or leased motor vehicle and is driving it with the
employer's permission.
(iii)
A person operating a vehicle that is owned by a rental company, as defined in
Section
31A-22-311
, may comply with Subsection
(2)(a)(i)
by having in the
person's immediate possession, or displaying, the rental vehicle's rental
agreement, as defined in Section
31A-22-311
.
(b)
Evidence of owner's or operator's security includes any one of the following:
(i)
a copy of the operator's valid:
(A)
insurance policy;
(B)
insurance policy declaration page;
(C)
binder notice;
(D)
renewal notice; or
(E)
card issued by an insurance company as evidence of insurance;
(ii)
a certificate of insurance issued under Section
41-12a-402
;
(iii)
a certified copy of a surety bond issued under Section
41-12a-405
;
(iv)
a certificate of the state treasurer issued under Section
41-12a-406
;
(v)
a certificate of self-funded coverage issued under Section
41-12a-407
; or
(vi)
information that the vehicle or driver is insured from the Uninsured Motorist
Identification Database Program created under Title 41, Chapter 12a, Part 8,
Uninsured Motorist Identification Database Program.
(c)
A card issued by an insurance company as evidence of owner's or operator's security
under Subsection
(2)(b)(i)(E)
on or after July 1, 2014, may not display the owner's or
operator's address on the card.
(d)
(i)
A person may provide to a peace officer evidence of owner's or operator's
security described in this Subsection
(2)
in:
(A)
a hard copy format; or
(B)
an electronic format using a mobile electronic device.
(ii)
If a person provides evidence of owner's or operator's security in an electronic
format using a mobile electronic device under this Subsection
(2)(d)
, the peace
officer viewing the owner's or operator's security on the mobile electronic device
may not view any other content on the mobile electronic device.
(iii)
Notwithstanding any other provision under this section, a peace officer is not
subject to civil liability or criminal penalties under this section if the peace officer
inadvertently views content other than the evidence of owner's or operator's
security on the mobile electronic device.
(e)
(i)
Evidence of owner's or operator's security from the Uninsured Motorist
Identification Database Program described under Subsection
(2)(b)(vi)

supercedes
supersedes
any evidence of owner's or operator's security described
under:
in
Subsection
(2)(b)(i)(D)
or
(E)
.
(A)
Subsection (2)(b)(i)(D) or (E); or
(B)
for a motorboat, Subsection
73-18c-304
(1)(b).
(ii)
A peace officer may not cite or arrest a person for a violation of Subsection
(2)(a)

if the Uninsured Motorist Identification Database Program created under Title 41,
Chapter 12a, Part 8, Uninsured Motorist Identification Database Program,
information indicates that the vehicle or driver is insured.
(3)
It is an affirmative defense to a charge or in an administrative action under this section
that the person had owner's or operator's security in effect for the vehicle the person was
operating at the time of the person's citation or arrest.
(4)
(a)
The following are considered proof of owner's or operator's security for purposes
of Subsection
(3)
and Section
41-12a-804
:
(i)
evidence defined in Subsection
(2)(b)
;
(ii)
a written statement from an insurance producer or company verifying that the
person had the required motor vehicle insurance coverage on the date specified; or
(iii)
a written statement from an insurance producer or company, or provision in an
insurance policy, indicating that the policy provides coverage for a newly
purchased car and the coverage extended to the date specified.
(b)
The court considering a citation issued under this section shall allow the evidence or
a written statement under Subsection
(4)(a)
and a copy of the citation to be
electronically submitted or mailed to the clerk of the court to satisfy Subsection
(3)
.
(c)
The notice under Section
41-12a-804
shall specify that the written statement under
Subsection
(4)(a)
and a copy of the notice shall be faxed or mailed to the designated
agent to satisfy the proof of owner's or operator's security required under Section
41-12a-804
.
(5)
(a)
A person who is convicted of violating Subsection
(2)(a)(i)
:
(i)
is guilty of an infraction for a first offense and subject to a fine of not less than
$400; and
(ii)
is guilty of a class C misdemeanor for each offense
subsequent to
after
the first
offense that is committed within three years after the day on which the person
commits the first offense and subject to a fine of not less than $1,000.
(b)
A court may waive up to $300 of a fine charged under Subsection
(5)(a)
if the person
demonstrates that the owner's or operator's security required under Section
41-12a-301
was obtained after the violation but before sentencing.
(6)
Upon receiving notification from a court of a conviction for a violation of this section,
the department:
(a)
shall suspend the person's driver license; and
(b)
may not renew the person's driver license or issue a driver license to the person until
the person gives the department proof of owner's or operator's security.
(i)
This proof of owner's or operator's security shall be given by any of the ways
required under Section
41-12a-401
.
(ii)
This proof of owner's or operator's security shall be maintained with the
department for a three-year period.
(iii)
An insurer that provides a certificate of insurance as provided under Section
41-12a-402
or
41-12a-403
may not terminate the insurance policy unless notice of
termination is filed with the department no later than 10 days after termination as
required under Section
41-12a-404
.
(iv)
If a person who has canceled the certificate of insurance applies for a license
within three years from the date proof of owner's or operator's security was
originally required, the department shall refuse the application unless the person
reestablishes proof of owner's or operator's security and maintains the proof for
the remainder of the three-year period.
Section 9. Section
41-12a-803
is amended to read:
41-12a-803
Effective
upon governor's approval
. Program creation --
Administration -- Selection of designated agent -- Duties -- Rulemaking -- Audits.
(1)
There is created the Uninsured Motorist Identification Database Program to:
(a)
establish an Uninsured Motorist Identification Database to verify compliance with
:

a motor vehicle owner's or operator's security requirements described in this part,
including Section
41-12a-301
;
(i)
motor vehicle owner's or operator's security requirements under Section
41-12a-301
and other provisions under this part; and
(ii)
motorboat owner's or operator's security requirements under Section
73-18c-304

and other provisions under this part;
(b)
assist in reducing the number of uninsured motor vehicles on the highways of the
state
and uninsured motorboats on the waters of the state
;
(c)
assist in increasing compliance with motor vehicle
and motorboat
registration and
sales and use tax laws;
(d)
assist in protecting a financial institution's bona fide security interest in a motor
vehicle
or motorboat
; and
(e)
assist in the identification and prevention of identity theft and other crimes.
(2)
The program shall be administered by the department with the assistance of the
designated agent and the Motor Vehicle Division.
(3)
(a)
The department shall contract in accordance with Title 63G, Chapter 6a, Utah
Procurement Code, with a third party to establish and maintain an Uninsured
Motorist Identification Database for the purposes established under this part.
(b)
The contract may not obligate the department to pay the third party more money than
is available in the account.
(4)
(a)
The third party under contract under this section is the department's designated
agent, and shall develop and maintain a computer database from the information
provided by:
(i)
insurers under Section
31A-22-315
;
(ii)
the division under Subsection
(6)
; and
(iii)
the Motor Vehicle Division under Section
41-1a-120
.
(b)
(i)
The database shall be developed and maintained in accordance with guidelines
established by the department so that state and local law enforcement agencies and
financial institutions as defined in Section
7-1-103
can efficiently access the
records of the database, including reports useful for the implementation of the
provisions of this part.
(ii)
(A)
The reports shall be in a form and contain information approved by the
department.
(B)
The reports may be made available through the Internet or through other
electronic medium, if the department determines that sufficient security is
provided to ensure compliance with Section
41-12a-805
regarding limitations
on disclosure of information in the database.
(5)
With information provided by the department and the Motor Vehicle Division, the
designated agent shall, at least monthly for submissions under Subsection
31A-22-315(2)(b)
or at least twice a month for submissions under Subsection
31A-22-315(2)(a)
:
(a)
update the database with the motor vehicle
and motorboat
insurance information
provided by the insurers in accordance with Section
31A-22-315
; and
(b)
compare all current motor vehicle
and motorboat
registrations against the database.
(6)
The division shall provide the designated agent with the name, date of birth, address,
and driver license number of all persons on the driver license database.
(7)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department shall make rules and develop procedures in cooperation with the Motor
Vehicle Division to use the database for the purpose of administering and enforcing this
part.
(8)
(a)
The designated agent shall archive computer data files at least semi-annually for
auditing purposes.
(b)
The internal audit unit of the tax commission provided under Section
59-1-206
shall
audit the program at least every three years.
(c)
The audit under Subsection
(8)(b)
shall include verification of:
(i)
billings made by the designated agent; and
(ii)
the accuracy of the designated agent's matching of vehicle registration with
insurance data.
(9)
Upon request, the designated agent shall make available the information provided by
insurers under Section
31A-22-315.5
to:
(a)
state and local law enforcement agencies; and
(b)
financial institutions as defined in Section
7-1-103
.
Section 10. Section
41-12a-804
is amended to read:
41-12a-804
Effective
upon governor's approval
. Notice -- Proof -- Revocation
of registration -- False statements -- Penalties -- Exemptions -- Sales tax enforcement.
(1)
Subject to Subsection
(3)
, if
If
the comparison under Section
41-12a-803
shows that a
motor vehicle is not insured for three consecutive months,
or a motorboat is not insured
for two consecutive months,
the Motor Vehicle Division shall direct that the designated
agent provide notice to the owner of the motor vehicle
or motorboat
that the owner has
15 days to provide:
(a)
proof of owner's or operator's security in a form allowed under Subsection
41-12a-303.2(2)
; or
(b)
proof of exemption from the owner's or operator's security requirements.
(2)
Subject to Subsection
(3)
, if
If
an owner of a motor vehicle
or motorboat
fails to
provide satisfactory proof of owner's or operator's security to the designated agent, the
designated agent shall:
(a)
provide a second notice to the owner of the motor vehicle
or motorboat
that the
owner now has 15 days to provide:
(i)
proof of owner's or operator's security in a form allowed under Subsection
41-12a-303.2(2)
; or
(ii)
proof of exemption from the owner's or operator's security requirements;
(b)
for each notice provided, indicate information relating to the owner's failure to
provide proof of owner's or operator's security in the database; and
(c)
provide this information to state and local law enforcement agencies as requested in
accordance with the provisions under Section
41-12a-805
.
(3)
(a)
Except as provided in Subsection (3)(b), for a motorboat, Subsections
(1)
and
(2) only apply during the months of April through October.
(b)
For a motorboat, the designated agent shall comply with the requirement described
in Subsection
(2)(c)
year-round.
(c)
For a notice required under Subsection
(1)
for a motorboat, the requirement for the
Motor Vehicle Division and the designated agent to send notice begins on January 1,
2026.
(4)
(3)
(a)
The Motor Vehicle Division:
(i)
(a)
shall revoke the registration upon receiving notification under Subsection
41-1a-110(2)
;
(ii)
(b)
shall provide appropriate notices of the revocation, the legal consequences of
operating a vehicle with revoked registration and without owner's or operator's
security, and instructions on how to get the registration reinstated; and
(iii)
(c)
may direct the designated agent to provide the notices under this Subsection
(4)(a).
(3)
.
(b)
For a motorboat, Subsection
(4)(a)
only applies during the months of April through
October.
(5)
(4)
Any action by the Motor Vehicle Division to revoke the registration of a motor
vehicle
or motorboat
under this section may be in addition to an action by a law
enforcement agency to impose the penalties under Section
41-12a-302
or
41-12a-303.2
.
(6)
(5)
(a)
A person may not provide a false or fraudulent statement to the Motor
Vehicle Division or designated agent.
(b)
In addition to any other penalties, a person who violates Subsection
(6)(a)
(5)(a)

is
guilty of a class B misdemeanor.
(7)
(6)
The department and the Motor Vehicle Division shall direct the designated agent to
exempt from this section a farm truck that:
(a)
meets the definition of a farm truck under Section
41-1a-102
; and
(b)
is registered as a farm truck under Title 41, Chapter 1a, Motor Vehicle Act.
(8)
(7)
This part does not affect other actions or penalties that may be taken or imposed for
violation of the owner's and operator's security requirements of this chapter.
(9)
(8)
If a comparison under Section
41-12a-803
shows that a motor vehicle
or
motorboat
may not be in compliance with motor vehicle
or motorboat
registration or
sales and use tax laws, the Motor Vehicle Division may direct that the designated agent
provide notice to the owner of a motor vehicle
or motorboat
that information exists
which indicates the possible violation.
Section 11. Section
41-12a-805
is amended to read:
41-12a-805
Effective
upon governor's approval
. Disclosure of insurance
information -- Penalty.
(1)
Information in the database established under Section
41-12a-803
provided by a person
to the designated agent is considered to be the property of the person providing the
information.
(2)
The information may not be disclosed from the database under Title 63G, Chapter 2,
Government Records Access and Management Act, or otherwise, except as follows:
(a)
for the purpose of investigating, litigating, or enforcing the owner's or operator's
security requirement under Section
41-12a-301
, the designated agent shall verify
insurance information through the state computer network for a state or local
government agency or court;
(b)
for the purpose of investigating, litigating, or enforcing the owner's or operator's
security requirement under Section
41-12a-301
, the designated agent shall, upon
request, issue to any state or local government agency or court a certificate
documenting the insurance information, according to the database, of a specific
individual or motor vehicle
or motorboat
for the time period designated by the
government agency;
(c)
upon request, the department or its designated agent shall disclose whether
or not
a
person is an insured individual and the insurance company name to:
(i)
that individual or, if that individual is deceased, any interested person of that
individual, as defined in Section
75-1-201
;
(ii)
the parent or legal guardian of that individual if the individual is an
unemancipated minor;
(iii)
the legal guardian of that individual if the individual is legally incapacitated;
(iv)
a person who has power of attorney from the insured individual;
(v)
a person who submits a notarized release from the insured individual dated no
more than 90 days before the date the request is made; or
(vi)
a person suffering loss or injury in a motor vehicle
or motorboat
accident in
which the insured individual is involved, but only as part of an accident report as
authorized in Section
41-12a-202
;
(d)
for the purpose of investigating, enforcing, or prosecuting laws or issuing citations
by state or local law enforcement agencies related to the:
(i)
registration and renewal of registration of a motor vehicle under Title 41, Chapter
1a, Motor Vehicle Act;
(ii)
registration and renewal of registration of a motorboat under Title 73, Chapter
18, State Boating Act;
(iii)
(ii)
purchase of a motor vehicle
or motorboat
under Title 59, Chapter 12, Sales
and Use Tax Act; and
(iv)
(iii)
owner's or operator's security requirements under Section
41-12a-301
or
73-18c-304
;
(e)
upon request of a peace officer acting in an official capacity under the provisions of
Subsection
(2)(d)
, the department or the designated agent shall, upon request,
disclose relevant information for investigation, enforcement, or prosecution;
(f)
for the purpose of the state auditor, the legislative auditor general, or other auditor of
the state conducting audits of the program;
(g)
upon request of a financial institution as defined under Section
7-1-103
for the
purpose of protecting the financial institution's bona fide security interest in a motor
vehicle
or motorboat
;
(h)
upon the request of a state or local law enforcement agency for the purpose of
investigating and prosecuting identity theft and other crimes; and
(i)
the designated agent shall provide information from the database regarding a towed
vehicle to the vehicle owner's insurance company of record at the time the vehicle
was towed, including, if available, the name, address, and contact information of the
tow yard where the vehicle is stored.
(3)
(a)
The department may allow the designated agent to prepare and deliver upon
request, a report on the insurance information of a person or motor vehicle
or
motorboat
in accordance with this section.
(b)
The report may be in the form of:
(i)
a certified copy that is considered admissible in any court proceeding in the same
manner as the original; or
(ii)
information accessible through the Internet or through other electronic medium if
the department determines that sufficient security is provided to ensure
compliance with this section.
(c)
The department may allow the designated agent to charge a fee established by the
department under Section
63J-1-504
for each:
(i)
document authenticated, including each certified copy;
(ii)
record accessed by the Internet or by other electronic medium; and
(iii)
record provided to a financial institution under Subsection
(2)(g)
.
(4)
A person who knowingly releases or discloses information from the database for a
purpose other than those authorized in this section or to a person who is not entitled to it
is guilty of a third degree felony.
(5)
An insurer is not liable to any person for complying with Sections
31A-22-315
and
31A-22-315.5
by providing information to the designated agent.
(6)
Neither the state nor the department's designated agent is liable to any person for
gathering, managing, or using the information in the database as provided in Sections
31A-22-315
and
31A-22-315.5
and this part.
Section 12.
Repealer.
Definitions.
Motorboat liability coverage.
Motorboat liability policy minimum limits.
Mandatory coverage.
Motorboat accidents -- Investigation and report of operator security
-- Agency action if no security -- Surrender of registration materials.
Title.
Definitions.
Liability not limited to face amount of owner's security.
Division to administer and enforce chapter -- Division may adopt
rules.
Requirement of owner's or operator's security.
Operating motorboats without owner's or operator's security --
Penalty.
Condition to obtaining registration.
Evidence of owner's or operator's security to be carried when
operating motorboat -- Defense -- Penalties.
State treasurer's certificate to satisfy owner's or operator's security
requirement.
Certificate of self-funded coverage as proof of owner's or operator's
security.
Claims adjustment by persons with owner's or operator's security
other than insurance.
Providing false evidence of owner's or operator's security -- Penalty.
Section 13.
Effective Date.
(1)
Except as provided in Subsection (2), this bill takes effect:
(a)
except as provided in Subsection (1)(b),
May 6, 2026
; or
(b)
if approved by two-thirds of all members elected to each house:
(i)
upon approval by the governor;
(ii)
without the governor's signature, the day following the constitutional time limit of
Utah Constitution, Article VII, Section 8; or
(iii)
in the case of a veto, the date of veto override.
(2)
The actions affecting Section 41-1a-1218
Effective
07/01/26
take effect on
July 1,
2026
.
1-21-26 12:24 PM