DAR File No. 43840

Tax Commission, Motor Vehicle

Section R873-22M-17

Standards for State Impound Lots Pursuant to Utah Code Ann. Section 41-1a-1101

Notice of Proposed Rule

(Amendment)

DAR File No.: 43840
Filed: 06/28/2019 03:04:46 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

These amendments are to reflect statutory changes pursuant to H.B. 228, Towing Revisions, passed in the 2019 General Session.

Summary of the rule or change:

Pursuant to H.B. 228 (2019), these changes include a requirement that a state impound yard have opaque fencing, which may include chain link fencing, on any side that has frontage with a highway; and make other technical changes.

Statutory or constitutional authorization for this rule:

• Section 41-1a-1101

Anticipated cost or savings to:

the state budget:

These proposed amendments are not expected to have any fiscal impact on state government revenues or expenditures because any fiscal impact would have been addressed in the fiscal note of H.B. 228 (2019).

local governments:

These proposed amendments are not expected to have any fiscal impact on local governments' revenues or expenditures because any fiscal impact would have been addressed in the fiscal note of H.B. 228 (2019).

small businesses:

These proposed amendments are not expected to have any fiscal impact on small businesses' revenues or expenditures because any fiscal impact would have been addressed in the fiscal note of H.B. 228 (2019).

persons other than small businesses, businesses, or local governmental entities:

These proposed amendments are not expected to have any fiscal impact on other persons' revenues or expenditures because any fiscal impact would have been addressed in the fiscal note of H.B. 228 (2019).

Compliance costs for affected persons:

These proposed amendments require that a state impound yard have opaque fencing, which may include chain link fencing, on any side that has frontage with a highway. These proposed amendments are not expected to impose any compliance costs on affected persons because any regulatory burdens would have been addressed in the fiscal note of H.B. 228 (2019).

Comments by the department head on the fiscal impact the rule may have on businesses:

Any fiscal impact on businesses would have been addressed in the fiscal note of H.B. 228 (2019).

Rebecca Rockwell, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Tax Commission
Motor Vehicle
210 N 1950 W
SALT LAKE CITY, UT 84134

Direct questions regarding this rule to:

• Jennifer Franklin at the above address, by phone at 801-297-3901, by FAX at , or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/14/2019

This rule may become effective on:

08/21/2019

Authorized by:

Rebecca Rockwell, Commissioner

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2020	FY 2021	FY 2022
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non-Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non-Small Businesses

These proposed amendments are not expected to have any fiscal impact on non-small businesses' revenues or expenditures because any fiscal impact would have been addressed in the fiscal note in H.B. 228 (2019).

 

Commissioner of the Utah State Tax Commission, Rebecca L. Rockwell, has reviewed and approved this fiscal analysis.

 

 

R873. Tax Commission, Motor Vehicle.

R873-22M. Motor Vehicle.

R873-22M-17. Standards for State Impound Lots Pursuant to Utah Code Ann. Section 41-1a-1101.

[A.](1) An impound yard may be used by the Motor Vehicle Division and peace officers only if all of the following requirements are satisfied:

[1.](a) The yard must be identified by a conspicuously placed, well-maintained sign that:

[a)](i) is at least 24 square feet in size;

[b)](ii) includes the business name, address, phone number, and hours of business; and

[c)](iii) displays the impound yard identification number issued by the Motor Vehicle Division in characters at least four inches high.

[2.](b) The yard shall maintain a hard-surfaced storage area of concrete, black top, gravel, road base, or other similar material.

[3.](c) The yard must have adequate lighting.

[4.](d) A six-foot chain link or other similar fence that is topped with three strands of barbed wire or razor security wire must surround the yard.

(e) The yard must have opaque fencing, which may be opaque chain link fencing, on any side that has frontage with a highway.

[5.](f) Spacing between vehicles must be adequate to allow opening of vehicle doors without interfering with other vehicles or objects.

[6.](g) An office shall be located on the premises of the yard.

[a)](i) The yard office shall be staffed and open for public business during normal business hours, Monday through Friday, except for designated state and federal holidays.

[b)](ii) If the yard maintains multiple storage areas, authorization may be requested from the Motor Vehicle Division to maintain a central office facility in a location not to exceed a 10 mile radius from any of its storage areas.

[c)](iii) If a central office facility is [approved]authorized under Subsection [6.b)](1)(g)(ii)[above], the signs of all storage areas must provide the location of the office.

[7.](h) The yard shall provide compressed air and battery boosting capabilities at no additional cost.

[B.](2) Persons who can demonstrate an ownership interest in a car held at a state impound yard are allowed to enter the vehicle during normal business hours and remove personal property not attached to the vehicle upon signing a receipt for the property with the yard.

[1.](a) An individual has ownership interest in the vehicle if he:

[a)](i) is listed as a registered owner or lessee of the vehicle; or

[b)](ii) has possession of the vehicle title.

[2.](b) An individual must show picture identification as evidence of his ownership interest.

[3.](c) The storage yard shall maintain a log of individuals who have been given access to vehicles for the purpose of removing personal property.

[C.](3) Impound yards holding five or less vehicles in a month may be required to tow those vehicles to another yard for the purpose of centralizing sales of vehicles or, at the discretion of the Motor Vehicle Division, be required to hold the vehicles until additional impounded vehicles may be included.

[D.](4) Operators of impound yards shall remove license plates from impounded vehicles prior to the time of sale and turn them over to the [Tax Commission]commission at the time the vehicles are sold.

[E.](5) The Motor Vehicle Division has the authority to review the qualifications of state impound yards to assure compliance with the requirements set forth in this rule. Any yard not in compliance shall be notified in writing and given 30 days from that notice to rectify any noncompliance. If no action or insufficient action is taken by the impound yard, the Motor Vehicle Division may order it to be suspended as a state impound yard. Any yard contesting suspension, or any yard directly and adversely affected by the Motor Vehicle Division's refusal to designate it a state impound yard, has the right to appeal that suspension to the [Tax Commission]commission.

 

KEY: taxation, motor vehicles, aircraft, license plates

Date of Enactment or Last Substantive Amendment: [July 27, 2017]2019

Notice of Continuation: November 10, 2016

Authorizing, and Implemented or Interpreted Law: 41-1a-102; 41-1a-104; 41-1a-108; 41-1a-116; 41-1a-211; 41-1a-215; 41-1a-214; 41-1a-401; 41-1a-402; 41-1a-411; 41-1a-413; 41-1a-414; 41-1a-416; 41-1a-418; 41-1a-419; 41-1a-420; 41-1a-421; 41-1a-422; 41-1a-522; 41-1a-701; 41-1a-1001; 41-1a-1002; 41-1a-1004; 41-1a-1005; 41-1a-1009 through 41-1a-1011; 41-1a-1101; 41-1a-1209; 41-1a-1211; 41-1a-1220; 41-6-44; 53-8-205; 59-12-104; 59-2-103; 72-10-109 through 72-10-112; 72-10-102