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House debates bill to curb gasoline 'drive-offs'; sponsors propose civil liability and license suspension
Summary
Representative Sam Curtis's bill would allow civil actions and license suspension after a second conviction for gasoline theft; floor debate focused on evidentiary risks, potential false accusations by attendants, and parental/owner vicarious liability. Multiple amendments were proposed and debated; final status recorded as ongoing floor action.
The Utah House of Representatives debated House Bill 279 on Feb. 27, 2003, a measure intended to address the problem of motorists filling a tank and driving away without paying.
Representative Sam Curtis, sponsor of HB 279, explained the bill offers two main tools: (1) after a second criminal conviction for theft of motor fuel, a court-ordered suspension of the offender's driver's license (up to 90 days); and (2) a civil-liability provision modeled on existing shoplifting statutes that could hold parents or the registered owner of a vehicle civilly liable in certain cases. The sponsor said the bill was intended to clarify that gasoline is "merchandise" and to provide merchants with additional remedies.
Floor debate probed key practical and fairness concerns. Several members asked what would prevent an attendant from falsely recording a license plate number and thereby initiating a civil action. Representative Curtis replied that civil plaintiffs still bear the burden of proof in court by a preponderance of evidence and that a single attendant's claim would likely not suffice. Representative Lawrence and others raised questions about owner liability when a car is loaned with permission; the sponsor acknowledged that, as drafted, registered owners could be liable in some circumstances and described proposed affirmative defenses.
Members also debated an amendment to delete language creating owner liability (lines 155'169). Representative Hansen and others argued that owners should not be held responsible for another person's misuse of a vehicle, while Representative Curtis said the intent was to align gasoline theft with shoplifting civil-liability rules and that minors and parents are already treated under similar statutes.
Floor discussion included personal anecdotes and concerns about false accusations and the burden on parents who lend cars. Several members urged deletion of owner liability provisions; others supported the bill as necessary to give merchants tools to respond to a growing problem.
The transcript records votes on amendments being considered and an open vote on the bill; the floor proceedings continued after the recorded discussion. The final disposition or full amended text sent to the Senate is not captured in the available transcript excerpts.
