Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 345 (2024GS)

Sponsor

Rep. Spendlove, R.

Final action

Governor Signed 3/18/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• increases fines for speeding in a school zone;
• increases fines and compensatory services for failure to obey school bus signals; and
• makes technical changes.

Every vote on this bill

Bill text

This document includes House Committee Amendments incorporated into the bill on Fri, Feb 2, 2024 at 9:37 AM by housengrossing.
DRIVING PENALTY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Robert M. Spendlove
Senate Sponsor: 
 Kirk A. Cullimore
LONG TITLE
General Description:
This bill increases fines and penalties for speeding in a school zone and failure to obey
school bus signals.
Highlighted Provisions:
This bill:
▸ increases fines for speeding in a school zone;
▸ increases fines and compensatory services for failure to obey school bus signals; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-6a-604
, as renumbered and amended by Laws of Utah 2005, Chapter 2
41-6a-1302
, as last amended by Laws of Utah 2020, Chapter 55
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-6a-604
 is amended to read:
41-6a-604.
Maximum speed in a school zone -- Penalty -- Minimum fines --
Compensatory service -- Waiver -- Recordkeeping.
(1) A person may not operate a vehicle at a speed greater than 20 miles per hour in a
reduced speed school zone as defined in Section 
41-6a-303
.
(2) (a) A violation of Subsection (1) is a class C misdemeanor and the minimum fine:
(i) for a first offense shall be calculated according to the following schedule:
Vehicle Speed
Minimum Fine
- 29 MPH
$ [
] 
- 39 MPH
$ [
] 
MPH and greater
$ [
] 
(ii) for a second and subsequent offense within three years of a previous conviction or
bail forfeiture shall be calculated according to the following schedule:
Vehicle Speed
Minimum Fine
- 29 MPH
$ [
] 
- 39 MPH
$ [
] 
MPH and greater
$ [
] 
(b) (i) Except as provided under Subsection (2)(a)(ii), the court may order the person to
perform compensatory service in lieu of the fine or any portion of the fine.
(ii) The court shall order the person to perform compensatory service observing a
crossing guard if the conviction is for a:
(A) first offense with a vehicle speed of 30 miles per hour or more; or
(B) second and subsequent offense within three years of a previous conviction or bail
forfeiture.
(iii) The court may waive the compensatory service required under Subsection
(2)(b)(ii) if the court makes the reasons for the waiver part of the record.
(3) The Driver License Division shall develop and implement a record system to
distinguish:
(a) a conviction or bail forfeiture under this section from other convictions; and
(b) between a first and subsequent conviction or bail forfeiture under this section.
(4) The provisions of this section take precedence over the provisions of Sections
41-6a-601
, 
41-6a-602
, 
41-6a-603
, and 
76-3-301
.
Section 2. Section 
41-6a-1302
 is amended to read:
41-6a-1302.
School bus -- Signs and light signals -- Flashing amber lights --
Flashing red lights -- Passing school bus -- Duty to stop -- Travel in opposite direction --
Penalties.
(1) A school bus, when operated for the transportation of school children, shall:
(a) bear on the front and rear of the bus a plainly visible sign containing the words
"school bus" in letters not less than eight inches in height, which shall be removed or covered
when the vehicle is not in use for the transportation of school children; and
(b) be equipped with alternating flashing amber and red light signals visible from the
front and rear, of a type approved and mounted as required under Section 
41-6a-1301
 and
prescribed by the department under Section 
41-6a-1601
.
(2) The operator of a vehicle on a highway, upon meeting or overtaking a school bus
equipped with signals required under this section which is displaying alternating flashing:
(a) amber warning light signals, shall slow the vehicle, but may proceed past the school
bus using due care and caution at a speed not greater than specified in Subsection 
41-6a-601
(2)
for school zones for the safety of the school children that may be in the vicinity; or
(b) red light signals visible from the front or rear, shall stop immediately before
reaching the bus and may not proceed until the flashing red light signals cease operation.
(3) The operator of a vehicle need not stop upon meeting or passing a school bus
displaying alternating flashing red light signals if the school bus is traveling in the opposite
direction when:
(a) traveling on a divided highway;
(b) the bus is stopped at an intersection or other place controlled by a traffic-control
signal or by a peace officer; or
(c) on a highway of five or more lanes, which may include a left-turn lane or two-way
left turn lane.
(4) (a) The operator of a school bus shall operate alternating flashing red light signals
at all times when:
(i) children are unloading from a school bus to cross a highway;
(ii) a school bus is stopped for the purpose of loading children who must cross a
highway to board the bus; or
(iii) it would be hazardous for vehicles to proceed past the stopped school bus.
(b) The alternating flashing red light signals may not be operated except:
(i) when the school bus is stopped for loading or unloading school children; or
(ii) for an emergency purpose.
(5) The operator of a school bus being operated on a highway shall have the headlights
of the school bus lighted.
(6) [
(a) A violation of Subsection (2) or (3) is a class C misdemeanor and the minimum
penalty is:
]
[
(i) $250 and 10 hours of compensatory service for a first offense;
]
[
(ii) $500 and 20 hours of compensatory service for a second offense within three years
of a previous conviction or bail forfeiture; and
]
[
(iii) $1,000 and 40 hours of compensatory service for a third or subsequent offense
within three years of a previous conviction or bail forfeiture.
]
(a) A violation of Subsection (2) or (3) is a class C misdemeanor and the minimum
penalty is:
(i) for a first offense:
(A) $1,000; and
(B)
Ĥ→ [
no less than 50
] 
 ←Ĥ
hours of compensatory service;
(ii) for a second offense within five years of a previous conviction or bail forfeiture:
(A) $2,000; and
(B)
Ĥ→ [
no less than 200 hours and up to 400 hours
] 
 ←Ĥ
of compensatory service; and
(iii) for a third or subsequent offense within five years of a previous conviction or bail
forfeiture:
(A) $3,000; and
(B)
Ĥ→ [
no less than 200 hours and up to 400 hours
] 
 ←Ĥ
of compensatory service.
(b) A violation of Subsection (5) is an infraction and the fine is $50.
(c) The court may order the person to perform compensatory service in lieu of the fine
or any portion of the fine if the court makes the reasons for the waiver part of the record.
(d) In accordance with Section 
78A-5-110
, 
78A-6-210
, or 
78A-7-120
, as applicable, if
a photograph or video image obtained from an automated traffic enforcement safety device
described in Section 
41-6a-1310
 was used as evidence of a violation of Subsection (2) or (3),
20% of the fine collected under Subsection (6)(a) shall be deposited with the school district or
private school that owns or contracts for the operation of the bus to offset the costs of the
automated traffic enforcement safety device.
(7) A violation of Subsection (1) or (4) is an infraction.
(8) The Driver License Division shall develop and implement a record system to
distinguish:
(a) a conviction or bail forfeiture under this section from other convictions; and
(b) between a first and subsequent conviction or bail forfeiture under this section.
Section 3. 
Effective date.
This bill takes effect on May 1, 2024.