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House adopts substitute changing impound rules tied to proof of auto insurance, grants law enforcement discretion in non-accident stops

Utah House of Representatives · March 9, 2017
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Summary

The House passed a fourth substitute to Senate Bill 50, preserving mandatory impoundment when a vehicle is involved in an accident but removing automatic impoundment for some other encounters and giving police discretion. Supporters called it a compromise; opponents warned the substitute was late. Vote: 74–0.

The Utah House approved a substituted change to automobile insurance registry law that alters when officers must impound vehicles for lack of proof of insurance.

Representative Thurston, sponsor of the floor substitute, said the change preserves impoundment when a vehicle is involved in an accident while allowing officers discretion in other encounters. "We're actually removing impounding, not adding impounding," Thurston said on the floor, explaining that current law automatically required impound in all encounters but the substitute narrows that mandate.

Floor debate focused on timing and stakeholder review. Representative Ray described the measure as a compromise intended to avoid taking vehicles from working people when officers can verify insurance at the scene or accept that a driver will produce proof. Other members said the fourth substitute had surfaced late in the day and urged caution about substantive change introduced shortly before a vote.

Supporters said law enforcement organizations including the Department of Public Safety and the Highway Patrol had signaled support for the current version, while groups such as the Utah League of Cities and Towns and county associations had shown concern with earlier drafts. Sponsor Thurston said that in committee the policy was discussed and that the new wording gives officers discretion to be humane while preserving impoundment in accident situations.

The House adopted the fourth substitute and passed the measure by voice and recorded vote, 74–0, and the bill will be transmitted to the Senate for further consideration.