Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 221 (2016GS)

Sponsor

Sen. Madsen, M.

Final action

Governor Signed 3/23/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• prohibits bringing alcohol for consumption onto the capitol hill complex;
• modifies parking provisions for the capitol hill complex;
• modifies the duties of the Utah Highway Patrol related to the capitol hill complex;
• changes the penalty for violating a rule adopted by the Capitol Preservation Board relating to the use of the capitol hill complex;
• modifies the activities that constitute "interfering with a public servant";
• modifies provisions related to disorderly conduct; and
• makes technical changes.

Every vote on this bill

Bill text

CAPITOL PROTOCOL AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Mark B. Madsen
House Sponsor: 
Keith Grover
LONG TITLE
General Description:
This bill modifies provisions related to security at the State Capitol.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ prohibits bringing alcohol for consumption onto the capitol hill complex;
▸ modifies parking provisions for the capitol hill complex;
▸ modifies the duties of the Utah Highway Patrol related to the capitol hill complex;
▸ changes the penalty for violating a rule adopted by the Capitol Preservation Board
relating to the use of the capitol hill complex;
▸ modifies the activities that constitute "interfering with a public servant";
▸ modifies provisions related to disorderly conduct; and
▸ makes technical changes. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
32B-4-102
, as enacted by Laws of Utah 2010, Chapter 276
32B-4-415
, as enacted by Laws of Utah 2010, Chapter 276
41-6a-1401
, as last amended by Laws of Utah 2011, Chapter 363
53-8-105
, as last amended by Laws of Utah 2005, Chapter 2
63C-9-301
, as last amended by Laws of Utah 2013, Chapter 310
76-8-301
, as last amended by Laws of Utah 1998, Chapter 72
76-9-102
, as last amended by Laws of Utah 2014, Chapter 143
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
32B-4-102
 is amended to read:
32B-4-102.
Definitions.
[
Reserved
] 
As used in this chapter, "capitol hill complex" means the same as that term
is defined in Section 
63C-9-102
.
Section 2. Section 
32B-4-415
 is amended to read:
32B-4-415.
Unlawful bringing onto premises for consumption.
(1) Except as provided in Subsection (4), a person may not bring an alcoholic product
for on-premise consumption onto the premises of:
(a) a retail licensee or person required to be licensed under this title as a retail licensee;
(b) an establishment that conducts a business similar to a retail licensee;
(c) an event where an alcoholic product is sold, offered for sale, or furnished under a
single event permit or temporary beer event permit issued under this title; [
or
]
(d) an establishment open to the general public[
.
]
; or
(e) the capitol hill complex.
(2) Except as provided in Subsection (4), the following may not allow a person to bring
onto its premises an alcoholic product for on-premise consumption or allow consumption of an
alcoholic product brought onto its premises in violation of this section:
(a) a retail licensee or a person required to be licensed under this title as a retail
licensee;
(b) an establishment that conducts a business similar to a retail licensee;
(c) a single event permittee or temporary beer event permittee;
(d) an establishment open to the general public; [
or
]
(e) the State Capitol Preservation Board created in Section 
63C-9-201
; or
[
(e)
] 
(f)
 staff of a person listed in Subsections (2)(a) through [
(d)
] 
(e)
.
(3) Except as provided in Subsection (4)(c)(i)(A), a person may not consume an
alcoholic product in a limousine or chartered bus if the limousine or chartered bus drops off a
passenger at
:
(a)
 a location from which the passenger departs in a private vehicle[
.
]
; or
(b) the capitol hill complex.
(4) (a) A person may bring bottled wine onto the premises of the following and
consume the wine pursuant to Section 
32B-5-307
:
(i) a full-service restaurant licensee;
(ii) a limited restaurant licensee;
(iii) a club licensee; or
(iv) a person operating under a resort spa sublicense.
(b) A passenger of a limousine may bring onto, possess, and consume an alcoholic
product on the limousine if:
(i) the travel of the limousine begins and ends at:
(A) the residence of the passenger;
(B) the hotel of the passenger, if the passenger is a registered guest of the hotel; or
(C) the temporary domicile of the passenger; [
and
]
(ii) the driver of the limousine is separated from the passengers by partition or other
means approved by the department[
.
]
; and
(iii) the limousine is not located on the capitol hill complex.
(c) A passenger of a chartered bus may bring onto, possess, and consume an alcoholic
product on the chartered bus:
(i) (A) but may consume only during travel to a specified destination of the chartered
bus and not during travel back to the place where the travel begins; or
(B) if the travel of the chartered bus begins and ends at:
(I) the residence of the passenger;
(II) the hotel of the passenger, if the passenger is a registered guest of the hotel; or
(III) the temporary domicile of the passenger; [
and
]
(ii) if the chartered bus has a nondrinking designee other than the driver traveling on
the chartered bus to monitor consumption[
.
]
; and
(iii) if the chartered bus is not located on the capitol hill complex.
(5) A person may bring onto any premises, possess, and consume an alcoholic product
at a private event.
(6) Notwithstanding Subsection (5), private and public facilities may prohibit the
possession or consumption of alcohol on their premises.
[
(6)
] 
(7)
 The restrictions of Subsections (2) and (3) apply to a resort licensee or person
operating under a sublicense in relationship to:
(a) the boundary of a resort building; or
(b) a sublicense premises.
Section 3. Section 
41-6a-1401
 is amended to read:
41-6a-1401.
Standing or parking vehicles -- Restrictions and exceptions.
(1) Except when necessary to avoid conflict with other traffic, or in compliance with
law, the directions of a peace officer, or a traffic-control device, a person may not:
(a) stop, stand, or park a vehicle:
(i) on the roadway side of any vehicle stopped or parked at the edge or curb of a street;
(ii) on a sidewalk;
(iii) within an intersection;
(iv) on a crosswalk;
(v) between a safety zone and the adjacent curb or within 30 feet of points on the curb
immediately opposite the ends of a safety zone, unless a different length is indicated by signs or
markings;
(vi) alongside or opposite any street excavation or obstruction when stopping, standing,
or parking would obstruct traffic;
(vii) on any bridge or other elevated structure, on a highway, or within a highway
tunnel;
(viii) on any railroad tracks;
(ix) on any controlled-access highway;
(x) in the area between roadways of a divided highway, including crossovers; or
(xi) any place where a traffic-control device prohibits stopping, standing, or parking;
(b) stand or park a vehicle, whether occupied or not, except momentarily to pick up or
discharge a passenger or passengers:
(i) in front of a public or private driveway;
(ii) within 15 feet of a fire hydrant;
(iii) within 20 feet of a crosswalk;
(iv) within 30 feet upon the approach to any flashing signal, stop sign, yield sign, or
traffic-control signal located at the side of a roadway;
(v) within 20 feet of the driveway entrance to any fire station and on the side of a street
opposite the entrance to any fire station within 75 feet of the entrance when properly
signposted; [
or
]
(vi) at any place where a traffic-control device prohibits standing; or
(vii) at the capitol hill complex as defined in Section 
63C-9-102
 in a parking space
identified as reserved for specific users, without:
(A) approval by the executive director of the State Capitol Preservation Board created
in Section 
63C-9-201
; and
(B) a properly displayed placard or other identifying marker approved by the executive
director of the State Capitol Preservation Board to indicate this approval; or
(c) park a vehicle, whether occupied or not, except temporarily for the purpose of and
while actually engaged in loading or unloading property or passengers:
(i) within 50 feet of the nearest rail of a railroad crossing; or
(ii) at any place where traffic-control devices prohibit parking.
(2) A person may not move a vehicle that is not lawfully under the person's control into
any prohibited area or into an unlawful distance from the curb.
(3) This section does not apply to a tow truck motor carrier responding to a customer
service call if the tow truck motor carrier has already received authorization from the local law
enforcement agency in the jurisdiction where the vehicle to be towed is located.
Section 4. Section 
53-8-105
 is amended to read:
53-8-105.
Duties of Highway Patrol.
In addition to the duties in this chapter, the Highway Patrol shall:
(1) enforce the state laws and rules governing use of the state highways;
(2) regulate traffic on all highways and roads of the state;
(3) assist the governor in an emergency or at other times at his discretion;
(4) in cooperation with federal, state, and local agencies, enforce and assist in the
enforcement of all state and federal laws related to the operation of a motor carrier on a
highway, including all state and federal rules and regulations;
(5) inspect certain vehicles to determine road worthiness and safe condition as
provided in Section 
41-6a-1630
;
(6) upon request, assist with any condition of unrest existing or developing on a
campus or related facility of an institution of higher education;
(7) assist the Alcoholic Beverage Control Commission in an emergency to enforce the
state liquor laws;
(8) provide security and protection for both houses of the Legislature while in session
as the speaker of the House of Representatives and the president of the Senate [
finds
] 
find
necessary; [
and
]
(9) enforce the state laws and rules governing use of the capitol hill complex as defined
in Section 
63C-9-102
; and
[
(9)
] 
(10)
 carry out the following for the Supreme Court and the Court of Appeals:
(a) provide security and protection to those courts when in session in the capital city of
the state;
(b) execute orders issued by the courts; and
(c) carry out duties as directed by the courts.
Section 5. Section 
63C-9-301
 is amended to read:
63C-9-301.
Board powers -- Subcommittees.
(1) The board shall:
(a) except as provided in Subsection (2), exercise complete jurisdiction and
stewardship over capitol hill facilities, capitol hill grounds, and the capitol hill complex;
(b) preserve, maintain, and restore the capitol hill complex, capitol hill facilities,
capitol hill grounds, and their contents;
(c) before October 1 of each year, review and approve the executive director's annual
budget request for submittal to the governor and Legislature;
(d) by October 1 of each year, prepare and submit a recommended budget request for
the upcoming fiscal year for the capitol hill complex to:
(i) the governor, through the Governor's Office of Management and Budget; and
(ii) the Legislature's appropriations subcommittee responsible for capitol hill facilities,
through the Office of Legislative Fiscal Analyst;
(e) review and approve the executive director's:
(i) annual work plan;
(ii) long-range master plan for the capitol hill complex, capitol hill facilities, and
capitol hill grounds; and
(iii) furnishings plan for placement and care of objects under the care of the board;
(f) approve all changes to the buildings and their grounds, including:
(i) restoration, remodeling, and rehabilitation projects;
(ii) usual maintenance program; and
(iii) any transfers or loans of objects under the board's care;
(g) define and identify all significant aspects of the capitol hill complex, capitol hill
facilities, and capitol hill grounds, after consultation with the:
(i) Division of Facilities Construction and Management;
(ii) State Library Division;
(iii) Division of Archives and Records Service;
(iv) Division of State History;
(v) Office of Museum Services; and
(vi) Arts Council;
(h) inventory, define, and identify all significant contents of the buildings and all
state-owned items of historical significance that were at one time in the buildings, after
consultation with the:
(i) Division of Facilities Construction and Management;
(ii) State Library Division;
(iii) Division of Archives and Records Service;
(iv) Division of State History;
(v) Office of Museum Services; and
(vi) Arts Council;
(i) maintain archives relating to the construction and development of the buildings, the
contents of the buildings and their grounds, including documents such as plans, specifications,
photographs, purchase orders, and other related documents, the original copies of which shall
be maintained by the Division of Archives and Records Service;
(j) comply with federal and state laws related to program and facility accessibility; and
(k) establish procedures for receiving, hearing, and deciding complaints or other issues
raised about the capitol hill complex, capitol hill facilities, and capitol hill grounds, or their
use.
(2) (a) Notwithstanding Subsection (1)(a), the supervision and control of the legislative
area, as defined in Section 
36-5-1
, is reserved to the Legislature; and
(b) the supervision and control of the governor's area, as defined in Section 
67-1-16
, is
reserved to the governor.
(3) (a) The board shall make rules to govern, administer, and regulate the capitol hill
complex, capitol hill facilities, and capitol hill grounds by following the procedures and
requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(b) A violation of a rule relating to the use of the capitol hill complex adopted by the
board under the authority of this Subsection (3) is an infraction.
(c) If an act violating a rule under Subsection (3)(b) also amounts to an offense subject
to a greater penalty under this title, Title 32B, Alcoholic Beverage Control Act, Title 41, Motor
Vehicles, Title 76, Utah Criminal Code, or other provision of state law, Subsection (3)(b) does
not prohibit prosecution and sentencing for the more serious offense.
[
(b) A
] 
(d) In addition to any punishment allowed under Subsections (3)(b) and (c), a
person who violates a rule adopted by the board under the authority of this Subsection (3) is
subject to a civil penalty not to exceed $2,500 for each violation, plus the amount of any actual
damages, expenses, and costs related to the violation of the rule that are incurred by the state.
[
(c)
] 
(e)
 The board may take any other legal action allowed by law.
[
(d) If any violation of a rule adopted by the board is also an offense under Title 76,
Utah Criminal Code, the violation is subject to the civil penalty, damages, expenses, and costs
allowed under this Subsection (3) in addition to any criminal prosecution.
]
[
(e)
] 
(f)
 The board may not apply this section or rules adopted under the authority of
this section in a manner that violates a person's rights under the Utah Constitution or the First
Amendment to the United States Constitution, including the right of persons to peaceably
assemble.
[
(f)
] 
(g)
 The board shall send proposed rules under this section to the legislative
general counsel and the governor's general counsel for review and comment before the board
adopts the rules.
(4) The board is exempt from the requirements of Title 63G, Chapter 6a, Utah
Procurement Code, but shall adopt procurement rules substantially similar to the requirements
of that chapter.
(5) (a) The board may:
(i) establish subcommittees made up of board members and members of the public to
assist and support the executive director in accomplishing the executive director's duties;
(ii) establish fees for the use of capitol hill facilities and capitol hill grounds;
(iii) assign and allocate specific duties and responsibilities to any other state agency, if
the other agency agrees to perform the duty or accept the responsibility;
(iv) contract with another state agency to provide services;
(v) delegate by specific motion of the board any authority granted to it by this section
to the executive director;
(vi) in conjunction with Salt Lake City, expend money to improve or maintain public
property contiguous to East Capitol Boulevard and capitol hill;
(vii) provide wireless Internet service to the public without a fee in any capitol hill
facility; and
(viii) when necessary, consult with the:
(A) Division of Facilities Construction and Management;
(B) State Library Division;
(C) Division of Archives and Records Service;
(D) Division of State History;
(E) Office of Museum Services; and
(F) Arts Council.
(b) The board's provision of wireless Internet service under Subsection (5)(a)(vii) shall
be discontinued in the legislative area if the president of the Senate and the speaker of the
House of Representatives each submit a signed letter to the board indicating that the service is
disruptive to the legislative process and is to be discontinued.
(c) If a budget subcommittee is established by the board, the following shall serve as ex
officio, nonvoting members of the budget subcommittee:
(i) the legislative fiscal analyst, or the analyst's designee, who shall be from the Office
of Legislative Fiscal Analyst; and
(ii) the executive director of the Governor's Office of Management and Budget, or the
executive director's designee, who shall be from the Governor's Office of Management and
Budget.
(d) If a preservation and maintenance subcommittee is established by the board, the
board may, by majority vote, appoint one or each of the following to serve on the
subcommittee as voting members of the subcommittee:
(i) an architect, who shall be selected from a list of three architects submitted by the
American Institute of Architects; or
(ii) an engineer, who shall be selected from a list of three engineers submitted by the
American Civil Engineers Council.
(e) If the board establishes any subcommittees, the board may, by majority vote,
appoint up to two people who are not members of the board to serve, at the will of the board, as
nonvoting members of a subcommittee.
(f) Members of each subcommittee shall, at the first meeting of each calendar year,
select one individual to act as chair of the subcommittee for a one-year term.
(6) (a) The board, and the employees of the board, may not move the office of the
governor, lieutenant governor, president of the Senate, speaker of the House of
Representatives, or a member of the Legislature from the State Capitol unless the removal is
approved by:
(i) the governor, in the case of the governor's office;
(ii) the lieutenant governor, in the case of the lieutenant governor's office;
(iii) the president of the Senate, in the case of the president's office or the office of a
member of the Senate; or
(iv) the speaker of the House of Representatives, in the case of the speaker's office or
the office of a member of the House.
(b) The board and the employees of the board have no control over the furniture,
furnishings, and decorative objects in the offices of the governor, lieutenant governor, or the
members of the Legislature except as necessary to inventory or conserve items of historical
significance owned by the state.
(c) The board and the employees of the board have no control over records and
documents produced by or in the custody of a state agency, official, or employee having an
office in a building on the capitol hill complex.
(d) Except for items identified by the board as having historical significance, and
except as provided in Subsection (6)(b), the board and the employees of the board have no
control over moveable furnishings and equipment in the custody of a state agency, official, or
employee having an office in a building on the capitol hill complex.
Section 6. Section 
76-8-301
 is amended to read:
76-8-301.
Interference with public servant.
(1) [
A person
] 
An individual
 is guilty of interference with a public servant if [
he
] 
the
individual
:
(a) uses force, violence, intimidation, or engages in any other unlawful act with a
purpose to interfere with a public servant performing or purporting to perform an official
function; [
or
]
(b) knowingly or intentionally interferes with the lawful service of process by a public
servant[
.
]
; or
(c) on property that is owned, operated, or controlled by the state or a political
subdivision of the state, willfully denies to a public servant lawful:
(i) freedom of movement;
(ii) use of the property or facilities; or
(iii) ingress to or egress from the facilities.
(2) Interference with a public servant
:
(a) under Subsection (1)(a) or (b)
 is a class B misdemeanor[
.
]
; and
(b) under Subsection (1)(c) is a class C misdemeanor.
(3) For purposes of this section, "public servant" does not include jurors.
Section 7. Section 
76-9-102
 is amended to read:
76-9-102.
Disorderly conduct.
(1) A person is guilty of disorderly conduct if:
(a) the person refuses to comply with the lawful order of a law enforcement officer to
move from a public place, or knowingly creates a hazardous or physically offensive condition,
by any act which serves no legitimate purpose; or
(b) intending to cause public inconvenience, annoyance, or alarm, or recklessly
creating a risk thereof, the person:
(i) engages in fighting or in violent, tumultuous, or threatening behavior;
(ii) makes unreasonable noises in a public place;
(iii) makes unreasonable noises in a private place which can be heard in a public place;
or
(iv) obstructs vehicular or pedestrian traffic 
in a public place
.
(2) "Public place," for the purpose of this section, means any place to which the public
or a substantial group of the public has access and includes but is not limited to streets,
highways, and the common areas of schools, hospitals, apartment houses, office buildings,
public buildings and facilities,
 transport facilities, and shops.
(3) The mere carrying or possession of a holstered or encased firearm, whether visible
or concealed, without additional behavior or circumstances that would cause a reasonable
person to believe the holstered or encased firearm was carried or possessed with criminal
intent, does not constitute a violation of this section. Nothing in this Subsection (3) may limit
or prohibit a law enforcement officer from approaching or engaging any person in a voluntary
conversation.
(4) Disorderly conduct is a class C misdemeanor if the offense continues after a request
by a person to desist. Otherwise it is an infraction.