Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 178 (2020GS)

Sponsor

Sen. Bramble, C.

Final action

Governor Signed 3/30/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires that a motor vehicle enforcement administrator provide security for the State Tax Commission in an area that restricts certain persons from transporting any firearm, ammunition, dangerous weapon, or explosive; and
• adds the State Tax Commission to the list of entities that may establish secure areas.

Every vote on this bill

Bill text

ADMINISTRATIVE SECURITY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Curtis S. Bramble
House Sponsor: 
A. Cory Maloy
LONG TITLE
General Description:
This bill amends security provisions for the tax commission.
Highlighted Provisions:
This bill:
▸ requires that a motor vehicle enforcement administrator provide security for the
State Tax Commission in an area that restricts certain persons from transporting any
firearm, ammunition, dangerous weapon, or explosive; and
▸ adds the State Tax Commission to the list of entities that may establish secure areas.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-3-105
, as last amended by Laws of Utah 2018, Chapter 387
76-8-311.1
, as last amended by Laws of Utah 2002, Fifth Special Session, Chapter 8
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-3-105
 is amended to read:
41-3-105.
Administrator's powers and duties -- Administrator and investigators
to be law enforcement officers.
(1) The administrator may make rules to carry out the purposes of this chapter and
Sections 
41-1a-1001
 through 
41-1a-1007
 according to the procedures and requirements of Title
63G, Chapter 3, Utah Administrative Rulemaking Act.
(2) (a) The administrator may employ clerks, deputies, and assistants necessary to
discharge the duties under this chapter and may designate the duties of those clerks, deputies,
and assistants.
(b) The administrator, assistant administrator, and all investigators shall be law
enforcement officers certified by peace officer standards and training as required by Section
53-13-103
.
(3) (a) The administrator may investigate any suspected or alleged violation of:
(i) this chapter;
(ii) Title 41, Chapter 1a, Motor Vehicle Act;
(iii) any law concerning motor vehicle fraud; or
(iv) any rule made by the administrator.
(b) The administrator may bring an action in the name of the state against any person to
enjoin a violation found under Subsection (3)(a).
(4) (a) The administrator may prescribe forms to be used for applications for licenses.
(b) The administrator may require information from the applicant concerning the
applicant's fitness to be licensed.
(c) Each application for a license shall contain:
(i) if the applicant is an individual, the name and residence address of the applicant and
the trade name, if any, under which the applicant intends to conduct business;
(ii) if the applicant is a partnership, the name and residence address of each partner,
whether limited or general, and the name under which the partnership business will be
conducted;
(iii) if the applicant is a corporation, the name of the corporation, and the name and
residence address of each of its principal officers and directors;
(iv) a complete description of the principal place of business, including:
(A) the municipality, with the street and number, if any;
(B) if located outside of any municipality, a general description so that the location can
be determined; and
(C) any other places of business operated and maintained by the applicant in
conjunction with the principal place of business;
(v) if the application is for a new motor vehicle dealer's license, the name of each
motor vehicle the applicant has been enfranchised to sell or exchange, the name and address of
the manufacturer or distributor who has enfranchised the applicant, and the name and address
of each individual who will act as a salesperson under authority of the license;
(vi) at least five years of business history;
(vii) the federal tax identification number issued to the dealer;
(viii) the sales and use tax license number issued to the dealer under Title 59, Chapter
12, Sales and Use Tax Act; and
(ix) if the application is for a direct-sale manufacturer's license:
(A) the name of each line-make the applicant will sell, display for sale, or offer for sale
or exchange;
(B) the name and address of each individual who will act as a direct-sale manufacturer
salesperson under authority of the license;
(C) a complete description of the direct-sale manufacturer's authorized service center,
including the address and any other place of business the applicant operates and maintains in
conjunction with the authorized service center;
(D) a sworn statement that the applicant complies with each qualification for a
direct-sale manufacturer under this chapter;
(E) a sworn statement that if at any time the applicant fails to comply with a
qualification for a direct-sale manufacturer under this chapter, the applicant will inform the
division in writing within 10 business days after the day on which the noncompliance occurs;
and
(F) an acknowledgment that if the applicant fails to comply with a qualification for a
direct-sale manufacturer under this chapter, the administrator will deny, suspend, or revoke the
applicant's direct-sale manufacturer license in accordance with Section 
41-3-209
. 
(5) The administrator may adopt a seal with the words "Motor Vehicle Enforcement
Administrator, State of Utah," to authenticate the acts of the administrator's office.
(6) (a) The administrator may require that a licensee erect or post signs or devices on
the licensee's principal place of business and any other sites, equipment, or locations operated
and maintained by the licensee in conjunction with the licensee's business.
(b) The signs or devices shall state the licensee's name, principal place of business,
type and number of licenses, and any other information that the administrator considers
necessary to identify the licensee.
(c) The administrator may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, determining allowable size and shape of signs or devices,
lettering and other details of signs or devices, and location of signs or devices.
(7) (a) The administrator shall provide for quarterly meetings of the advisory board and
may call special meetings.
(b) Notices of all meetings shall be sent to each member not fewer than five days
before the meeting.
(8) The administrator, the officers and inspectors of the division designated by the
commission, and peace officers shall:
(a) make arrests upon view and without warrant for any violation committed in their
presence of any of the provisions of this chapter, or Title 41, Chapter 1a, Motor Vehicle Act;
(b) when on duty, upon reasonable belief that a motor vehicle, trailer, or semitrailer is
being operated in violation of any provision of Title 41, Chapter 1a, Motor Vehicle Act, require
the driver of the vehicle to stop, exhibit the person's driver license and the registration card
issued for the vehicle, and submit to an inspection of the vehicle, the license plates, and
registration card;
(c) serve all warrants relating to the enforcement of the laws regulating the operation of
motor vehicles, trailers, and semitrailers;
(d) investigate traffic accidents and secure testimony of any witnesses or persons
involved; and
(e) investigate reported thefts of motor vehicles, trailers, and semitrailers.
(9) The administrator shall provide security for an area within the commission
designated as a secure area under Section 
76-8-311.1
.
[
(9)
] 
(10)
 The administrator may contract with a public prosecutor to provide
additional prosecution of this chapter.
Section 2. Section 
76-8-311.1
 is amended to read:
76-8-311.1.
Secure areas -- Items prohibited -- Penalty.
(1) In addition to the definitions in Section 
76-10-501
, as used in this section:
(a) "Correctional facility" has the same meaning as defined in Section 
76-8-311.3
.
(b) "Explosive" has the same meaning as defined for "explosive, chemical, or
incendiary device" defined in Section 
76-10-306
.
(c) "Law enforcement facility" means a facility which is owned, leased, or operated by
a law enforcement agency.
(d) "Mental health facility" has the same meaning as defined in Section 
62A-15-602
.
(e) (i) "Secure area" means any area into which certain persons are restricted from
transporting any firearm, ammunition, dangerous weapon, or explosive.
(ii) A "secure area" may not include any area normally accessible to the public.
(2) (a) A person in charge of 
the State Tax Commission or
 a correctional, law
enforcement, or mental health facility may establish secure areas within the facility and may
prohibit or control by rule any firearm, ammunition, dangerous weapon, or explosive.
(b) Subsections (2)(a), (3), (4), (5), and (6) apply to higher education secure area
hearing rooms referred to in Subsections 
53B-3-103
(2)(a)(ii) and (b).
(3) At least one notice shall be prominently displayed at each entrance to an area in
which a firearm, ammunition, dangerous weapon, or explosive is restricted.
(4) (a) Provisions shall be made to provide a secure weapons storage area so that
persons entering the secure area may store their weapons prior to entering the secure area.
(b) The entity operating the facility shall be responsible for weapons while they are
stored in the storage area.
(5) It is a defense to any prosecution under this section that the accused, in committing
the act made criminal by this section, acted in conformity with the facility's rule or policy
established pursuant to this section.
(6) (a) Any person who knowingly or intentionally transports into a secure area of a
facility any firearm, ammunition, or dangerous weapon is guilty of a third degree felony.
(b) Any person violates Section 
76-10-306
 who knowingly or intentionally transports,
possesses, distributes, or sells any explosive in a secure area of a facility.