Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 405 (2023GS)

Sponsor

Rep. Brammer, B.

Final action

House/ to Governor 3/13/2023

Outcome

House/ to Governor

Summary

What it does

• This bill:
• amends an exception to an owner's and operator's security requirement to include organizations in a local education agency (LEA); and
• makes technical changes.

Every vote on this bill

Bill text

SCHOOL BUS OWNER REQUIREMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brady Brammer
Senate Sponsor: 
 Keith Grover
LONG TITLE
General Description:
This bill amends a provision related to exceptions for an owner's or operator's security
requirement.
Highlighted Provisions:
This bill:
▸ amends an exception to an owner's and operator's security requirement to include
organizations in a local education agency (LEA); and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-12a-301
, as last amended by Laws of Utah 2016, Chapter 356
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-12a-301
 is amended to read:
41-12a-301.
Definitions -- Requirement of owner's or operator's security --
Exceptions.
(1) As used in this section:
(a) [
"highway" has the same meaning as provided
] 
"Highway" means the same as that
term is defined
 in Section 
41-1a-102
[
; and
]
.
(b) "Local education agency" or "LEA" means the same as that term is defined in
Section 
53E-1-102
.
[
(b)
] 
(c)
 [
"quasi-public road or parking area" has the same meaning as provided
]
"Quasi-public road or parking area" means the same as that term is defined
 in Section
41-6a-214
.
(2) Except as provided in Subsection (5):
(a) every resident owner of a motor vehicle shall maintain owner's or operator's
security in effect at any time that the motor vehicle is operated on a highway or on a
quasi-public road or parking area within the state; and
(b) every nonresident owner of a motor vehicle that has been physically present in this
state for:
(i) 90 or fewer days during the preceding 365 days shall maintain the type and amount
of owner's or operator's security required in his place of residence, in effect continuously
throughout the period the motor vehicle remains within Utah; or
(ii) more than 90 days during the preceding 365 days shall thereafter maintain owner's
or operator's security in effect continuously throughout the period the motor vehicle remains
within Utah.
(3) (a) Except as provided in Subsection (5), the state and all of its political
subdivisions and their respective departments, institutions, or agencies shall maintain owner's
or operator's security in effect continuously for their motor vehicles.
(b) Any other state is considered a nonresident owner of its motor vehicles and is
subject to Subsection (2)(b).
(4) The United States, any political subdivision of it, or any of its agencies may
maintain owner's or operator's security in effect for their motor vehicles.
(5) Owner's or operator's security is not required for any of the following:
(a) off-highway vehicles registered under Section 
41-22-3
 when operated either:
(i) on a highway designated as open for off-highway vehicle use; or
(ii) in the manner prescribed by Subsections 
41-22-10.3
(1) through (3);
(b) off-highway implements of husbandry operated in the manner prescribed by
Subsections 
41-22-5.5
(3) through (5);
(c) electric assisted bicycles as defined under Section 
41-6a-102
;
(d) motor assisted scooters as defined under Section 
41-6a-102
;
(e) electric personal assistive mobility devices as defined under Section 
41-6a-102
; or
(f) [
a school district
] 
an LEA
, for a school bus that the [
school district
] 
LEA
 authorizes
a state entity or political subdivision of the state to use.
(6) If [
a school district
] 
an LEA
 authorizes a state entity or political subdivision of the
state to use a school bus:
(a) the state entity or political subdivision shall maintain owner's or operator's security
during the term of the school bus use in an amount that is greater than or equal to any
governmental immunity liability limit;
(b) the state entity or the political subdivision shall indemnify and defend the [
school
district
] 
LEA
 for any claim that arises from the school bus use including a claim directed at the
[
school district
] 
LEA
, unless the claim arises from the sole negligence of the [
school district
]
LEA
; and
(c) if the school district maintains owner's or operator's security for the school bus
during the term of school bus use, the owner's and operator's security maintained by the state
entity or political subdivision of the state is primary to the owner's and operator's security
maintained by the [
school district
] 
LEA
.