Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 23 (2023GS)

Sponsor

Sen. Harper, W.

Final action

Governor Signed 3/20/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• requires the Department of Public Safety and Utah Highway Patrol to:
• annually evaluate enforcement responsibilities on state highways;
• coordinate with local law enforcement agencies regarding enforcement responsibilities; and
• report to the Legislature each year with any significant changes in patrol responsibilities that may require budgetary changes;
• enacts a provision requiring the Department of Transportation coordinate with the Department of Public Safety and Utah Highway Patrol regarding changes to the state highway system, traffic and law enforcement, and incident management services; and
• makes technical changes.

Every vote on this bill

Bill text

TRAFFIC SAFETY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor: 
Candice B. Pierucci
LONG TITLE
General Description:
This bill enacts provisions related to allocation of law and traffic enforcement
responsibilities on state highways.
Highlighted Provisions:
This bill:
▸ requires the Department of Public Safety and Utah Highway Patrol to:
• annually evaluate enforcement responsibilities on state highways;
• coordinate with local law enforcement agencies regarding enforcement
responsibilities; and
• report to the Legislature each year with any significant changes in patrol
responsibilities that may require budgetary changes;
▸ enacts a provision requiring the Department of Transportation coordinate with the
Department of Public Safety and Utah Highway Patrol regarding changes to the
state highway system, traffic and law enforcement, and incident management
services; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-8-105
, as last amended by Laws of Utah 2022, Chapter 447
72-1-201
, as last amended by Laws of Utah 2022, Chapter 80
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-8-105
 is amended to read:
53-8-105.
Duties of Highway Patrol.
(1)
 In addition to the duties in this chapter, the Highway Patrol shall:
[
(1)
] 
(a)
 enforce the state laws and rules governing use of the state highways;
[
(2)
] 
(b)
 regulate traffic on all highways and roads of the state;
[
(3)
] 
(c)
 assist the governor in an emergency or at other times at his discretion;
[
(4)
] 
(d)
 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)
] 
(e)
 inspect certain vehicles to determine road worthiness and safe condition as
provided in Section 
41-6a-1630
;
[
(6)
] 
(f)
 upon request, assist with any condition of unrest existing or developing on a
campus or related facility of an institution of higher education;
[
(7)
] 
(g)
 assist the Alcoholic Beverage Services Commission in an emergency to
enforce the state liquor laws;
[
(8)
] 
(h)
 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 find
necessary;
[
(9)
] 
(i)
 enforce the state laws and rules governing use of the capitol hill complex as
defined in Section 
63C-9-102
; and
[
(10)
] 
(j)
 carry out the following for the Supreme Court and the Court of Appeals:
[
(a)
] 
(i)
 provide security and protection to those courts when in session in the capital
city of the state;
[
(b)
] 
(ii)
 execute orders issued by the courts; and
[
(c)
] 
(iii)
 carry out duties as directed by the courts.
(2) (a) The division and the department shall annually:
(i) evaluate the inventory of new and existing state highways, in coordination with
relevant local law enforcement agencies, to determine which law enforcement agency is best
suited to patrol and enforce state laws and regulate traffic on each state highway; and
(ii) before October 1 of each year, report to the Transportation Interim Committee and
the Executive Offices and Criminal Justice Appropriations Subcommittee regarding:
(A) significant changes to the patrol and enforcement responsibilities resulting from
the evaluation described in Subsection (2)(a)(i); and
(B) any budget request necessary to accommodate additional patrol and enforcement
responsibilities.
(b) The division and the department shall, before July 1 of each year, coordinate with
the Department of Transportation created in Section 
72-1-201
 regarding patrol and
enforcement responsibilities described in Subsection (2)(a) and incident management services
on state highways.
Section 2. Section 
72-1-201
 is amended to read:
72-1-201.
Creation of Department of Transportation -- Functions, powers, duties,
rights, and responsibilities.
(1) There is created the Department of Transportation which shall:
(a) have the general responsibility for planning, research, design, construction,
maintenance, security, and safety of state transportation systems;
(b) provide administration for state transportation systems and programs;
(c) implement the transportation policies of the state;
(d) plan, develop, construct, and maintain state transportation systems that are safe,
reliable, environmentally sensitive, and serve the needs of the traveling public, commerce, and
industry;
(e) establish standards and procedures regarding the technical details of administration
of the state transportation systems as established by statute and administrative rule;
(f) advise the governor and the Legislature about state transportation systems needs;
(g) coordinate with utility companies for the reasonable, efficient, and cost-effective
installation, maintenance, operation, relocation, and upgrade of utilities within state highway
rights-of-way;
(h) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
make rules for the administration of the department, state transportation systems, and
programs;
(i) jointly with the commission annually report to the Transportation Interim
Committee, by November 30 of each year, as to the operation, maintenance, condition,
mobility, safety needs, and wildlife and livestock mitigation for state transportation systems;
(j) 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
]
(k) study and make recommendations to the Legislature on potential managed lane use
and implementation on selected transportation systems within the state[
.
]
; and
(l) before July 1 of each year, coordinate with the Utah Highway Patrol Division
created in Section 
53-8-103
 regarding:
(i) future highway projects that will add additional capacity to the state transportation
system;
(ii) potential changes in law enforcement responsibilities due to future highway
projects; and
(iii) incident management services on state highways.
(2) (a) The department shall exercise reasonable care in designing, constructing, and
maintaining a state highway in a reasonably safe condition for travel.
(b) Nothing in this section shall be construed as:
(i) creating a private right of action; or
(ii) expanding or changing the department's common law duty as described in
Subsection (2)(a) for liability purposes.