Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 183 (2016GS)

Sponsor

Sen. Bramble, C.

Final action

Governor Signed 3/25/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• authorizes the State Bureau of Investigation to provide a state cybercrime unit to investigate various computer and network intrusion matters;
• requires that the State Bureau of Investigation provide assistance to the divisions of the Department of Public Safety;
• provides that the State Bureau of Investigation investigate alleged crimes or public corruption, at the request of a governmental entity or when the offense is reported to the Peace Officers Standards and Training Division, when the allegations concern criminal violations or public corruption regarding an individual who is or has been elected, appointed, or employed by a governmental entity;
• provides that the members of the Motor Vehicle Safety Inspection Advisory Council shall be appointed by the commissioner of public safety;
• provides that the commissioner of public safety may authorize the off-duty use of emergency vehicles;
• repeals an obsolete section regarding the admissibility of Utah State Crime Laboratory documents of drug analysis; and
• makes technical corrections.

Every vote on this bill

Bill text

DEPARTMENT OF PUBLIC SAFETY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Curtis S. Bramble
House Sponsor: 
Don L. Ipson
LONG TITLE
General Description:
This bill amends provisions of the Public Safety Code regarding the Department of
Public Safety.
Highlighted Provisions:
This bill:
▸ authorizes the State Bureau of Investigation to provide a state cybercrime unit to
investigate various computer and network intrusion matters;
▸ requires that the State Bureau of Investigation provide assistance to the divisions of
the Department of Public Safety;
▸ provides that the State Bureau of Investigation investigate alleged crimes or public
corruption, at the request of a governmental entity or when the offense is reported to
the Peace Officers Standards and Training Division, when the allegations concern
criminal violations or public corruption regarding an individual who is or has been
elected, appointed, or employed by a governmental entity;
▸ provides that the members of the Motor Vehicle Safety Inspection Advisory Council
shall be appointed by the commissioner of public safety;
▸ provides that the commissioner of public safety may authorize the off-duty use of
emergency vehicles;
▸ repeals an obsolete section regarding the admissibility of Utah State Crime
Laboratory documents of drug analysis; and
▸ makes technical corrections.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-1-108
, as last amended by Laws of Utah 2013, Chapter 295
53-1-204
, as enacted by Laws of Utah 1993, Chapter 234
53-8-203
, as last amended by Laws of Utah 2010, Chapter 286
53-10-302
, as last amended by Laws of Utah 2000, Chapter 316
REPEALS:
58-37-21
, as last amended by Laws of Utah 2008, Chapter 382
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-1-108
 is amended to read:
53-1-108.
Commissioner's powers and duties.
(1) In addition to the responsibilities contained in this title, the commissioner shall:
(a) administer and enforce this title and Title 41, Chapter 12a, Financial Responsibility
of Motor Vehicle Owners and Operators Act;
(b) appoint deputies, inspectors, examiners, clerical workers, and other employees as
required to properly discharge the duties of the department;
(c) make rules:
(i) governing emergency use of signal lights on private vehicles; and
(ii) allowing privately owned vehicles to be designated for part-time emergency use, as
provided in Section 
41-6a-310
;
(d) set standards for safety belt systems, as required by Section 
41-6a-1803
;
(e) serve as the cochair of the Emergency Management Administration Council, as
required by Section 
53-2a-105
;
(f) designate vehicles as "authorized emergency vehicles," as required by Section
41-6a-102
; and
(g) on or before January 1, 2003, adopt a written policy that prohibits the stopping,
detention, or search of any person when the action is solely motivated by considerations of
race, color, ethnicity, age, or gender.
(2) The commissioner may:
(a) subject to the approval of the governor, establish division headquarters at various
places in the state;
(b) issue to a special agent a certificate of authority to act as a peace officer and revoke
that authority for cause, as authorized in Section 
56-1-21.5
;
(c) create specialized units within the commissioner's office for conducting internal
affairs and aircraft operations as necessary to protect the public safety;
(d) cooperate with any recognized agency in the education of the public in safety and
crime prevention and participate in public or private partnerships, subject to Subsection (3);
(e) cooperate in applying for and distributing highway safety program funds; [
and
]
(f) receive and distribute federal funding to further the objectives of highway safety in
compliance with Title 63J, Chapter 5, Federal Funds Procedures Act[
.
]
; and
(g) authorize off-duty personal use of Department of Public Safety emergency vehicles.
(3) (a) Money may not be expended under Subsection (2)(d) for public safety education
unless it is specifically appropriated by the Legislature for that purpose.
(b) Any recognized agency receiving state money for public safety shall file with the
auditor of the state an itemized statement of all its receipts and expenditures.
Section 2. Section 
53-1-204
 is amended to read:
53-1-204.
Division duties.
The division shall:
(1) provide administrative and staff support to the commissioner;
(2) ensure that all departmental administrative processes are in compliance with state
law, rules, and procedures;
[
(3) administer all human resource related matters throughout the department;
]
[
(4)
] 
(3)
 make deposits, pay all claims and obligations of the department, and conduct
all treasury transactions;
[
(5)
] 
(4)
 prepare the department budget, review department expenditures, prepare
financial reports, and offer general assistance with financial matters to the department;
[
(6)
] 
(5)
 coordinate and review department purchases and monitor department
purchasing practices to ensure compliance with state procurement rules;
[
(7)
] 
(6)
 coordinate the purchase, operation, maintenance, records, and final disposal of
the department's vehicle fleet;
[
(8)
] 
(7)
 make capital facility plans for the department, maintain a capital equipment
inventory system, coordinate risk management records, and organize waste paper recycling;
and
[
(9)
] 
(8)
 make rules for the department authorized by this title.
Section 3. Section 
53-8-203
 is amended to read:
53-8-203.
Council created -- Members -- Term -- Meetings -- Duties.
(1) There is created within the division the Motor Vehicle Safety Inspection Advisory
Council.
(2) (a) The council shall be composed of seven members.
(b) The [
governor
] 
commissioner
 shall appoint:
(i) one member from the general public with experience or interest in product safety or
consumer advocacy;
(ii) two representatives from motor vehicle mechanics and motor vehicle repair
business owners;
(iii) one member of the motoring public with no former or current affiliation with the
motor vehicle sales, repair, or fuel industry or its regulation;
(iv) one peace officer with experience in motor vehicle law enforcement;
(v) one representative of the commercial trucking industry; and
(vi) one representative of the staff of the attorney general who shall serve without
voting privileges.
(3) Each member of the council shall:
(a) be selected on a nonpartisan basis;
(b) be appointed by the [
governor
] 
commissioner
; and
(c) have been a legal resident of the state for at least one year immediately preceding
the date of appointment.
(4) (a) Except as required by Subsection (4)(b), as terms of current council members
expire, the [
governor
] 
commissioner
 shall appoint each new member or reappointed member to
a four-year term.
(b) Notwithstanding the requirements of Subsection (4)(a), the [
governor
]
commissioner
 shall, at the time of appointment or reappointment, adjust the length of terms to
ensure that the terms of council members are staggered so that approximately half of the
council is appointed every two years.
(c) Members serve from the date of appointment until a replacement is appointed.
(5) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(6) The council shall elect its own chair and vice-chair at its first regular meeting each
calendar year.
(7) All meetings of the council shall be called by the superintendent of the highway
patrol as needed.
(8) Any three voting members constitute a quorum for the transaction of business that
comes before the council.
(9) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(10) The council shall:
(a) hear appeals of administrative actions regarding the suspension or revocation of
safety inspection station permits and safety inspector certificates;
(b) advise the division on interpretation, adoption, and implementation of motor
vehicle safety inspection standards; and
(c) advise the division on other motor vehicle safety inspection issues as requested by
the superintendent.
(11) In conducting appeal hearings on the suspension or revocation of any safety
inspection station permit or safety inspector certificate the council may:
(a) compel the attendance of witnesses by subpoena;
(b) require the production of any records or documents determined by it to be pertinent
to the subject matter of the hearing; and
(c) apply to the district court of the county where the hearing is held for an order citing
any applicant or witness for contempt and for failure to attend, testify, or produce required
documents.
Section 4. Section 
53-10-302
 is amended to read:
53-10-302.
Bureau duties.
The bureau shall:
(1) provide assistance and investigative resources to divisions within the Department of
Public Safety;
[
(1)
] 
(2)
 upon request, provide assistance and specialized law enforcement services to
local law enforcement agencies;
[
(2)
] 
(3)
 conduct financial investigations regarding suspicious cash transactions, fraud,
and money laundering;
[
(3)
] 
(4)
 investigate 
criminal activity of
 organized crime 
networks, gangs
, extremist
groups, and others promoting violence;
[
(4)
] 
(5)
 investigate criminal activity of terrorist groups;
[
(5)
] 
(6)
 enforce the Utah Criminal Code;
[
(6)
] 
(7)
 cooperate and exchange information with other state agencies and with other
law enforcement agencies of government, both within and outside of this state, 
through a
statewide information and intelligence center
 to obtain information that may achieve more
effective results in the prevention, detection, and control of crime and apprehension of
criminals;
[
(7)
] 
(8)
 create and maintain a statewide criminal intelligence system;
[
(8)
] 
(9)
 provide specialized case support and investigate illegal drug production,
cultivation, and sales;
[
(9)
] 
(10)
 investigate, follow-up, and assist in highway drug interdiction cases;
[
(10)
] 
(11)
 make rules to implement this chapter; [
and
]
[
(11)
] 
(12)
 perform the functions specified in Part 2, Bureau of Criminal
Identification[
.
]
;
(13) provide a state cybercrime unit to investigate computer and network intrusion
matters involving state-owned computer equipment and computer networks as reported under
Section 
76-6-705
;
(14) investigate violations of Section 
76-6-703
 and other computer related crimes
including:
(a) computer network intrusions;
(b) denial of services attacks;
(c) computer related theft or fraud;
(d) intellectual property violations; and
(e) electronic threats; and
(15) upon request, investigate the following offenses when alleged to have been
committed by an individual who is currently or has been previously elected, appointed, or
employed by a governmental entity:
(a) criminal offenses; and
(b) matters of public corruption.
(16) (a) The bureau is not prohibited from investigating crimes not specifically referred
to in this section; and
(b) other agencies are not prohibited from investigating crimes referred to in this
section.
Section 5. 
Repealer.
This bill repeals:
Section 
58-37-21
,
Admissibility of Utah State Crime Laboratory documents --
Drug analysis in criminal pretrial proceedings.