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HB 2
UNINSURED MOTORIST IDENTIFICATION PROGRAM
1996 GENERAL SESSION
STATE OF UTAH
Sponsor: John L. Valentine
Kelly C. Atkinson
AN ACT RELATING TO MOTOR VEHICLE INSURANCE; AMENDING CERTAIN
PROVISIONS OF THE UNINSURED MOTORIST IDENTIFICATION DATABASE
PROGRAM; EXTENDING THE SUNSET DATE; AND MAKING TECHNICAL CHANGES.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
31A-22-315 , as enacted by Chapter 59, Laws of Utah 1994
41-12a-804 , as enacted by Chapter 59, Laws of Utah 1994
63-55-231 , as last amended by Chapters 24 and 321, Laws of Utah 1995
63-55-241 , as last amended by Chapter 59, Laws of Utah 1994
Be it enacted by the Legislature of the state of Utah:
Section 1.
Section
31A-22-315
is amended to read:
31A-22-315. Motor vehicle insurance reporting -- Penalty.
(1) (a) 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 day of each calendar month provide to the Department of Public
Safety's designated agent selected in accordance with Title 41, Chapter 12a, Part VIII, Uninsured
Motorist Identification Database Program, a record of each motor vehicle insurance policy in effect
as of the previous month that was issued by the insurer.
(b) This subsection does not preclude more frequent reporting.
(2) The record shall include:
(a) the name, date of birth, and driver license number of each insured owner or operator,
and the address of the named insured;
(b) the make, year, and vehicle identification number of each insured vehicle; and
(c) the policy number, effective date, and expiration date of each policy.
(3) Each insurer shall provide this information on magnetic tape or in another form the
Department of Public Safety's designated agent agrees to accept.
(4) (a) The commissioner may, following procedures set forth in Title 63, Chapter 46b,
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 2.
Section
41-12a-804
is amended to read:
41-12a-804. Testing -- Notice -- Proof.
[(1) Prior to July 1, 1995, the department and the Motor Vehicle Division shall direct that
tests be conducted by the designated agent, including taking random samples, to determine the
accuracy of the comparison results under Section 41-12a-803
indicating uninsured motor vehicles.]
[(2)] (1) If the comparison under Section 41-12a-803
shows that a motor vehicle is not
insured for three consecutive months, the Motor Vehicle Division [shall] may direct that the
designated agent[: (a) prior to July 1, 1995, may provide notice to the owner of the motor vehicle
that he has 45 days to provide: (i) proof of owner's or operator's security in a form allowed under
Subsection
41-12a-303.2
(3); or (ii) proof of exemption from the owner's or operator's security
requirements. (b) beginning July 1, 1995, shall] provide notice to the owner of the motor vehicle
that he has 45 days to provide:
[(i)] (a) proof of owner's or operator's security in a form allowed under Subsection
41-12a-303.2
[(3)](4); or
[(ii)] (b) proof of exemption from the owner's or operator's security requirements.
[(3)] (2) If an owner of a motor vehicle fails to provide satisfactory proof of owner's or
operator's security to the designated agent, the Motor Vehicle Division may direct the designated
agent to provide additional notices.
[(4)] (3) 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
- 2 -
(b) is registered as a farm truck under Title 41, Chapter 1a, Motor Vehicle Act.
[(5)] (4) 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.
Section 3.
Section
63-55-231
is amended to read:
63-55-231. Repeal dates, Title 31A.
(1) Title 31A, Insurance Code, is repealed July 1, 2005.
(2) Section 31A-2-208.5
, Comparison tables, is repealed July 1, 2005.
(3) Section 31A-22-315
, Motor Vehicle Insurance Reporting, is repealed July 1, [1996]
1998.
(4) Title 31A, Chapter 31, Insurance Fraud Act, is repealed July 1, 1997.
(5) Title 31A, Chapter 32, Medical Care Savings Account Act, is repealed beginning with
the 1999 taxable year and shall be reviewed by July 1, 1998.
Section 4.
Section
63-55-241
is amended to read:
63-55-241. Repeal dates, Title 41.
The following provisions of Title 41 are repealed on the following dates:
(1) Chapter 1a, the Motor Vehicle Division, is repealed July 1, 1999.
(2) Section 41-1a-120
, Participation in Uninsured Motorist Identification Database Program
[duties], is repealed July 1, [1996] 1998.
(3) Subsection
41-1a-203
(1)(g) and Section 41-1a-1218
, Insurance Verification Fee for
Tracking Motor Vehicle Insurance, is repealed July 1, [1996] 1998.
(4) Chapter 3, the Motor Vehicle Enforcement Division, is repealed July 1, 1997.
(5) Section 41-6-163.6
, the emissions inspection program for motor vehicles, is repealed July
1, 1999.
(6) Title 41, Chapter 12a, Part VIII, Uninsured Motorist Identification Database Program,
is repealed July 1, [1996] 1998.
(7) The Off-highway Vehicle Advisory Council, created in Section 41-22-10
, is repealed
July 1, 1997.
(8) The Multistate Highway Transportation Cooperating Committee, created in Article IV
- 3 -
of Section 41-23-2
, is repealed July 1, 2002.
- 4 -
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