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Senate amends and advances bill clarifying vehicle seizures and storage in wildlife cases

Utah State Senate · February 11, 1992
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Summary

Senate Bill 109, clarifying when vehicles may be treated as 'materials and devices' in wildlife enforcement and who pays for impound storage, was amended on the floor (search and residence language) and advanced to third reading after senators debated owner liability and due-process safeguards.

Senate Bill 109, presented by Senator Carrie Peterson, moved on Feb. 10 after floor amendments clarified treatment of vehicles seized in wildlife-enforcement cases and procedures for searches and owner reimbursement.

Senator Petersen told colleagues the bill was intended to distinguish "materials and devices" used in illegal taking of wildlife from vehicles themselves, reserving vehicle forfeiture for felony-level charges and clarifying procedures for search, storage and potential disposition of seized vehicles.

During floor questioning, Senator Howell asked whether a confiscated vehicle automatically becomes state property and whether impound/storage fees would fall to the owner. Petersen replied that title to a vehicle does not automatically transfer to the state except where a felony conviction leads the judge to award the vehicle, and that proceeds from sale would go into the wildlife account. Senator Black raised the practical concern that garage or impound owners must be paid for storage; Senator Finlayson explained current practice is that the seizing division typically pays storage fees and the amendment aims to keep that practice from imposing costs on owners later found not guilty.

A floor amendment was adopted to add the word "unoccupied" to sections governing search of residences, signaling a higher safeguard for entry into private homes. After the amendment and floor exchanges, the Senate recorded a second-reading tally of 25 ayes, no nays and 4 absences and moved SB109 to the third-reading calendar.

Quote: "This bill says that unless it's a felonious charge...that the materials and devices are not vehicles," Senator Petersen said, explaining the distinction SB109 creates.

What happens next: SB109 will appear on the Senate third-reading calendar for final passage. The amendment adopted on the floor tightened language about search of residences and clarified impound-fee responsibilities, but implementing details will be determined by the Division of Wildlife Resources and court practice.