HB 169 — Boating Insurance Amendments

(Buff) H.B.

169 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.

(24)(a)(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:

- 7 - HB0169 compared with HB0169S01 (b) "Farm truck" does not include the operation of trucks by commercial processors of agricultural products.

(30)(a)(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) 7"Identification -number" 1stincludes Sub.a vehicle identification number, state assigned identification number, hull identification number, and motor serial number.

(Buff) H.B.

169 01-21 12:24 (b) "Identification number" includes a vehicle identification number, state assigned identification number, hull identification number, and motor serial number.

(32)(a)(32) (a) "In-state miles" means the total number of miles operated in this state during the preceding year by fleet power units.

- 8 - HB0169 compared with HB0169S01 (33) "Interstate vehicle" means a commercial vehicle operated in more than one state, province, territory, or possession of the United States or foreign country.

(41)(a)(41) (a) "Motor vehicle" means a self-propelled vehicle intended primarily for use and operation on the highways.

-(b) 8"Motor -vehicle" 01-21includes 12:24a 1stroadable Sub.aircraft and a street-legal all-terrain vehicle.

(Buff) H.B.

169 (b) "Motor vehicle" includes a roadable aircraft and a street-legal all-terrain vehicle.

- 9 - HB0169 compared with HB0169S01 (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;

[(45)] (44)(a)(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.

[(49)] (48)(a)(48) (a) "Operate" means:

[(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 9or -older. 1st Sub.

(Buff) H.B.

169 01-21 12:24 1973 or older.

[(52)] (51)(a)(51) - 10 - HB0169 compared with HB0169S01 (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.

[(56)] (55)(a)(55) (a) "Pickup truck" means a two-axle motor vehicle with motive power manufactured, remanufactured, or materially altered to provide an open cargo area.

[(58)] (57) "Pneumatic tire" means a tire in which compressed air is designed to support the -load. 10 - 01-21 12:24 1st Sub.

(Buff)- H.B.11 - HB0169 compared with HB0169S01 [(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.

169 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.

[(66)] (65)(a)(65) (a) "Registration year" means a 12 consecutive month period commencing with the completion of the applicable registration criteria.

- 12 - HB0169 compared with HB0169S01 [(69)] (68) "Restored-modified vehicle" means a motor vehicle that has been restored and -modified 11with -modern 1stparts Sub.and technology, including emission control technology and an on-board diagnostic system.

(Buff) H.B.

169 01-21 12:24 modified with modern parts and technology, including emission control technology and an on-board diagnostic system.

[(76)] (75)(a)(75) (a) "Special interest vehicle" means a vehicle used for general transportation purposes and that is:

[(77)] (76)(a)(76) (a) "Special mobile equipment" means a vehicle:

- 13 - HB0169 compared with HB0169S01 (ii) not designed to operate in traffic;

-(i) 12farm -tractors; 01-21 12:24 1st Sub.

(Buff) H.B.

169 (i) farm tractors;

[(79)] (78)(a)(78) (a) "Standard license plate" means a license plate for general issue described in Subsection 41-1a-402(1).

[(84)] (83)(a)(83) (a) "Total fleet miles" means the total number of miles operated in all jurisdictions during the preceding year by power units.

- 14 - HB0169 compared with HB0169S01 [(86)] (85) "Tow truck operator" means the same as that term is defined in Section 72-9-102.

and -(ii) 13being -drawn 1stby Sub.a motor vehicle.

(Buff) H.B.

169 01-21 12:24 (ii) being drawn by a motor vehicle.

41-1a-11041-1a-110. (Effective upon governor's approval).

- 15 - HB0169 compared with HB0169S01 (b) the division determines that a registered vehicle is mechanically unfit or unsafe to be operated or moved upon the highways;

(f) the division determines that the owner has committed any offense under this chapter -involving 14the -registration, 01-21certificate 12:24of 1sttitle, Sub.registration card, license plate, registration decal, or permit;

(Buff) H.B.

169 involving the registration, certificate of title, registration card, license plate, registration decal, or permit;

(2)(a)(2) (a) The division shall revoke the registration of a vehicle if the division receives notification by the:

[(3) The division may not suspend or revoke the registration of a vessel or outboard motor unless authorized under Section 73-18-7.3.] - 16 - HB0169 compared with HB0169S01 [(4)] (3) The division may not suspend or revoke the registration of an off-highway vehicle unless authorized under Section 41-22-17.

[(7)] (6) The division may not suspend or revoke a registered vehicle's registration under [[Subsection -(6)] 15Subsection -(5) 1stif Sub.the registered vehicle has a manufacturer's gross vehicle weight rating that is greater than 26,000 pounds.

(Buff) H.B.

169 01-21 12:24 Subsection (6)] Subsection (5) if the registered vehicle has a manufacturer's gross vehicle weight rating that is greater than 26,000 pounds.

41-1a-121841-1a-1218. (Effective 07/01/26).

Uninsured{(Effective 04/01/26)}(Effective 07/01/26)Uninsured motorist identification fee for tracking motor vehicle insurance -- Exemption -- Deposit.

(1)(a)(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.

- 17 - HB0169 compared with HB0169S01 (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.

41-1a-122041-1a-1220. (Effective upon governor's approval).

(1)[(a)(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) 16The -registration 01-21reinstatement 12:24fee 1stdoes Sub.not apply to a motorboat.] (2) The fee imposed under Subsection (1):

(Buff) H.B.

169 [(b) The registration reinstatement fee does not apply to a motorboat.] (2) The fee imposed under Subsection (1):

41-12a-10341-12a-103. (Effective upon governor's approval).

Definitions.{(Effective 07/01/26)}(Effective upon governor's approval)Definitions.

or - 18 - HB0169 compared with HB0169S01 (ii) on a settlement agreement.

(4)(a)(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.

[(5) "Motorboat" means the same as that term is defined in Section 73-18c-102.]{[} 73-18c-102{] 73-18-2}.] [(6)] (5) "Nonresident" means every person who is not a resident of Utah.

-[(7)] 17(6) -"Nonresident's 1stoperating Sub.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.

(Buff) H.B.

169 01-21 12:24 [(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.

- 19 - HB0169 compared with HB0169S01 (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;

-[(12)] 18(11) -"Self-insurance" 01-21[has 12:24the 1stsame Sub.meaning as provided] means the same as that term is defined in Section 31A-1-301.

(Buff) H.B.

169 [(12)] (11) "Self-insurance" [has the same meaning as provided] means the same as that term is defined in Section 31A-1-301.

41-12a-303.241-12a-303.2. (Effective upon governor's approval).

Evidence{(Effective 07/01/26)}(Effective upon governor's approval)Evidence of owner's or operator's security to be carried when operating motor vehicle -- Defense -- Penalties.

(2)(a)(i)(2) (a) (i) A person operating a motor vehicle shall:

(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 - 20 - HB0169 compared with HB0169S01 possession, or displaying, the rental vehicle's rental agreement, as defined in Section 31A-22-311.

or -(vi) 19information -that 1stthe Sub.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.

(Buff) H.B.

169 01-21 12:24 (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.

(d)(i)(d) (i) A person may provide to a peace officer evidence of owner's or operator's security described in this Subsection (2) in:

(e)(i)- 21 - HB0169 compared with HB0169S01 (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).

(4)(a)(4) (a) The following are considered proof of owner's or operator's security for purposes of Subsection (3) and Section 41-12a-804:

-(ii) 20a -written 01-21statement 12:24from 1stan Sub.insurance producer or company verifying that the person had the required motor vehicle insurance coverage on the date specified;

(Buff) H.B.

169 (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;

(c) The notice under Section 41-12a-804 shall specify that the written statement under Subsection (4)(a)(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)(5) (a) A person who is convicted of violating Subsection (2)(a)(i):

and - 22 - HB0169 compared with HB0169S01 (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.

-(iv) 21If -a 1stperson Sub.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.

(Buff) H.B.

169 01-21 12:24 (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.

41-12a-80341-12a-803. (Effective upon governor's approval).

Program{(Effective 07/01/26)}(Effective upon governor's approval)Program creation -- Administration -- Selection of designated agent -- Duties -- Rulemaking -- Audits.

and] - 23 - HB0169 compared with HB0169S01 [(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];

(3)(a)(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.

(4)(a)(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:

-(ii) 22the -division 01-21under 12:24Subsection 1st(6); Sub.

(Buff) H.B.

169 (ii) the division under Subsection (6);

(b)(i)(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)(ii) (A) The reports shall be in a form and contain information approved by the department.

- 24 - HB0169 compared with HB0169S01 (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.

(8)(a)(8) (a) The designated agent shall archive computer data files at least semi-annually for auditing purposes.

-(9) 23Upon -request, 1stthe Sub.designated agent shall make available the information provided by insurers under Section 31A-22-315.5 to:

(Buff) H.B.

169 01-21 12:24 (9) Upon request, the designated agent shall make available the information provided by insurers under Section 31A-22-315.5 to:

41-12a-80441-12a-804. (Effective upon governor's approval).

Notice{(Effective 07/01/26)}(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 - 25 - HB0169 compared with HB0169S01 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:

[(3)(a)[(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)] 24(3) -[(a)] 01-21The 12:24Motor 1stVehicle Sub.Division:

(Buff) H.B.

169 [(4)] (3)[(a)] The Motor Vehicle Division:

and [(iii)] (c) may direct the designated agent to provide the notices under this Subsection [[(4)(a).] (4)(a).] (3).

[(b) For a motorboat, Subsection (4)(a) only applies during the months of April through October.] - 26 - HB0169 compared with HB0169S01 [(5)] (4) Any action by the Motor Vehicle Division to revoke the registration of a motor vehiclevehicle{[ [or}[or motorboat ]under] { }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)(5) (a) A person may not provide a false or fraudulent statement to the Motor Vehicle Division or designated agent.

41-12a-80541-12a-805. (Effective upon governor's approval).

Disclosure{(Effective 07/01/26)}(Effective upon governor's approval)Disclosure of insurance information -- Penalty.

-(2) 25The -information 1stmay Sub.not be disclosed from the database under Title 63G, Chapter 2, Government Records Access and Management Act, or otherwise, except as follows:

(Buff) H.B.

169 01-21 12:24 (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:

(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 - 27 - HB0169 compared with HB0169S01 the database, of a specific individual or motor vehicle [or motorboat ]for the time period designated by the government agency;

and [(iv)] (iii) owner's or operator's security requirements under Section 41-12a-301[ or -73-18c-304]; 26 - 01-21 12:24 1st Sub.

(Buff)(e) H.B.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;

169 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;

and - 28 - HB0169 compared with HB0169S01 (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)(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.

-(6) 27Neither -the 1ststate Sub.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.

(Buff) H.B.

169 01-21 12:24 (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.

This Bill Repeals:

- 29 - HB0169 compared with HB0169S01 Section 73-18-13.5, Motorboat accidents -- Investigation and report of operator security -- Agency action if no security -- Surrender of registration materials.

Effective date.

(1) Except as provided in Subsection (2), this bill takes effect:effect {July 1, 2026.} :

{(2) {The actions affecting Section 41-1a-1218 (Effective 04/01/26) take effect:} } (a) except as provided in Subsection {(2)(b)} (1)(b), May 6, 2026;

or (b) if approved by two-thirds of all members elected to each house:house{, the later of April 1, 2026, or} :

-(ii) 28without -the 01-21governor's 12:24{approval} 1stsignature, Sub.the day following the constitutional time limit of Utah Constitution, Article VII, Section 8;

(Buff)or H.B.(iii) {with } in the {governor's veto and a vote } case of {the Legislature to override the } a veto, the date of veto override.

169- (ii)30 without- theHB0169 governor'scompared signature,with theHB0169S01 day(2) followingThe theactions constitutionalaffecting timeSection limit41-1a-1218 of(Effective Utah07/01/26) Constitution,take Articleeffect VII,on SectionJuly 8;1, 2026.

or1-21-26 (iii)12:24 inPM the- case31 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.

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