Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 222 First Substitute (2021GS)

Sponsor

Sen. Ipson, D.

Final action

Governor Signed 3/17/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• requires the Office of Executive Protection to provide security to public officials and public officials' staff, with certain qualifications;
• requires the Office of Executive Protection to provide security and protection to the capitol hill complex;
• requires security training and equipment for members of the Office of Executive Protection and certain individuals who work at the capitol hill complex; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

PUBLIC OFFICIAL AND STATE CAPITOL PROTECTION
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Don L. Ipson
House Sponsor: 
Robert M. Spendlove
LONG TITLE
General Description:
This bill addresses security and protection for public officials and the state capitol
complex.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ requires the Office of Executive Protection to provide security to public officials
and public officials' staff, with certain qualifications;
▸ requires the Office of Executive Protection to provide security and protection to the
capitol hill complex;
▸ requires security training and equipment for members of the Office of Executive
Protection and certain individuals who work at the capitol hill complex; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-1-102
, as last amended by Laws of Utah 2019, Chapter 280
53-1-106
, as last amended by Laws of Utah 2019, Chapter 441
53-1-114
, as last amended by Laws of Utah 2000, Chapter 146
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-1-102
 is amended to read:
53-1-102.
Definitions.
(1) As used in this title:
(a) "Capitol hill complex" means the same as that term is defined in Section
63C-9-102
.
[
(a)
] 
(b)
 "Commissioner" means the commissioner of public safety appointed under
Section 
53-1-107
.
[
(b)
] 
(c)
 "Department" means the Department of Public Safety created in Section
53-1-103
.
(d) "Governor-elect" means an individual whom the board of canvassers determines to
be the successful candidate for governor after a general election for the office of governor.
[
(c)
] 
(e)
 "Law enforcement agency" means an entity or division of:
(i) (A) the federal government, a state, or a political subdivision of a state;
(B) a state institution of higher education; or
(C) a private institution of higher education, if the entity or division has been certified
by the commissioner; and
(ii) that exists primarily to prevent and detect crime and enforce criminal laws, statutes,
and ordinances.
[
(d)
] 
(f)
 "Law enforcement officer" means the same as that term is defined in Section
53-13-103
.
[
(e)
] 
(g)
 "Motor vehicle" means every self-propelled vehicle and every vehicle
propelled by electric power obtained from overhead trolley wires, but not operated upon rails,
except motorized wheel chairs and vehicles moved solely by human power.
[
(f)
] 
(h)
 "Peace officer" means any officer certified in accordance with Title 53,
Chapter 13, Peace Officer Classifications.
(i) "Public official" means the same as that term is defined in Section 
36-11-102
.
[
(g)
] 
(j)
 "State institution of higher education" means the same as that term is defined
in Section 
53B-3-102
.
[
(h)
] 
(k)
 "Vehicle" means every device in, upon, or by which any person or property is
or may be transported or drawn upon a highway, excepting devices used exclusively upon
stationary rails or tracks.
(2) The definitions provided in Subsection (1) are to be applied throughout this title in
addition to definitions that are applicable to specific chapters or parts.
Section 2. Section 
53-1-106
 is amended to read:
53-1-106.
Department duties -- Powers.
(1) In addition to the responsibilities contained in this title, the department shall:
(a) make rules and perform the functions specified in Title 41, Chapter 6a, Traffic
Code, including:
(i) setting performance standards for towing companies to be used by the department,
as required by Section 
41-6a-1406
; and
(ii) advising the Department of Transportation regarding the safe design and operation
of school buses, as required by Section 
41-6a-1304
;
(b) make rules to establish and clarify standards pertaining to the curriculum and
teaching methods of a motor vehicle accident prevention course under Section 
31A-19a-211
;
(c) aid in enforcement efforts to combat drug trafficking;
(d) meet with the Department of Technology Services to formulate contracts, establish
priorities, and develop funding mechanisms for dispatch and telecommunications operations;
(e) provide assistance to the Crime Victim Reparations Board and the Utah Office for
Victims of Crime in conducting research or monitoring victims' programs, as required by
Section 
63M-7-505
;
(f) develop sexual assault exam protocol standards in conjunction with the Utah
Hospital Association;
(g) engage in emergency planning activities, including preparation of policy and
procedure and rulemaking necessary for implementation of the federal Emergency Planning
and Community Right to Know Act of 1986, as required by Section 
53-2a-702
;
(h) implement the provisions of Section 
53-2a-402
, the Emergency Management
Assistance Compact;
(i) ensure that any training or certification required of a public official or public
employee, as those terms are defined in Section 
63G-22-102
, complies with Title 63G, Chapter
22, State Training and Certification Requirements, if the training or certification is required:
(i) under this title;
(ii) by the department; or
(iii) by an agency or division within the department; [
and
]
(j) employ a law enforcement officer as a public safety liaison to be housed at the State
Board of Education who shall work with the State Board of Education to:
(i) support training with relevant state agencies for school resource officers as
described in Section 
53G-8-702
;
(ii) coordinate the creation of model policies and memorandums of understanding for a
local education agency and a local law enforcement agency; and
(iii) ensure cooperation between relevant state agencies, a local education agency, and
a local law enforcement agency to foster compliance with disciplinary related statutory
provisions, including Sections 
53E-3-516
 and 
53G-8-211
[
.
]
; and
(k) provide for the security and protection of public officials, public officials' staff, and
the capitol hill complex in accordance with the provisions of this part.
(2) (a) The department shall establish a schedule of fees as required or allowed in this
title for services provided by the department.
(b) All fees not established in statute shall be established in accordance with Section
63J-1-504
.
(3) The department may establish or contract for the establishment of an Organ
Procurement Donor Registry in accordance with Section 
26-28-120
.
Section 3. Section 
53-1-114
 is amended to read:
53-1-114.
Office of Executive Protection -- Security and protection for governor
and family -- Protection for other officials and staff -- Training -- Equipment.
(1) The Office of Executive Protection shall provide all necessary security and
protection for
:
(a)
 the governor and the governor's immediate family
;
(b) a governor-elect and the governor-elect's immediate family; and
(c) the capitol hill complex
.
(2) (a) Subject to the [
direction
] 
authorization
 of the commissioner, 
and only if there is
a demonstrable need or a specifically identified threat to the individual to be protected,
 the
Office of Executive Protection may provide protection to
:
(i)
 other public officials
;
(ii) a public official's staff member;
(iii) a candidate for an elected state office and the candidate's immediate family during
the time beginning on the date of the general election and ending on the date of the meeting of
the board of canvassers under Section 
20A-4-306
; or
(iv) an outgoing elected state official and the outgoing elected state official's immediate
family
.
(b) [
That protection
] 
(i) Protection provided under Subsection (2)(a)
 may not extend
for more than 15 days without review and approval by [
majority vote of the president of the
Senate, the speaker of the House, and
] the commissioner.
[
(c) Review and approval by the same majority vote shall be required at the end of each
15-day period.
]
(ii) Review and approval by the commissioner is required at the end of each 15-day
period.
(c) When protection is provided under Subsection (2)(a), the commissioner shall
provide a report to the president of the Senate and the speaker of the House of Representatives
at the end of each 15-day period.
(d) The requirement for review and approval described in Subsection (2)(b)(ii) and the
reporting requirement described in Subsection (2)(c) may be waived or modified by majority
vote of the president of the Senate, the speaker of the House of Representatives, and the
commissioner.
(3) The Office of Executive Protection shall assess, monitor, and address any threat to
a public official, a public official's staff member, or any part of the capitol hill complex.
(4) The commissioner or the commissioner's designee shall provide weekly public
protection training to members of the Office of Executive Protection who are assigned to
provide security and protection to an individual described in Subsection (1) or (2).
(5) The commissioner or the commissioner's designee shall provide regular training to
all members of the Office of Executive Protection on:
(a) personal protection;
(b) special tactics;
(c) facility defense; and
(d) any other topic that, in the determination of the commissioner or the
commissioner's designee, is relevant to providing for the security and protection of public
officials, public officials' staff, and the capitol hill complex.
(6) (a) At times that the commissioner determines to be reasonable, the Office of
Executive Protection shall provide personal security training for all public officials and public
officials' staff members who work at the capitol hill complex.
(b) The Office of Executive Protection shall make personal security equipment, that the
commissioner determines to be reasonable, available to the public officials and public officials'
staff members who work at the capitol hill complex.