H.B. 255

1

PROHIBITION OF CITATION QUOTAS
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Neil A. Hansen
5 Senate Sponsor: John W. Hickman
6
7 LONG TITLE
8 General Description:
9 This bill modifies municipal, county, and public safety provisions of the Utah Code to
10 prohibit state and local governmental entities and law enforcement agencies from
11 imposing traffic citation quotas on law enforcement officers.
12 Highlighted Provisions:
13 This bill:
14 . prohibits state and local governmental entities and law enforcement agencies from
15 requiring that their law enforcement officers issue within any specified time period
16 a specific number of citations, complaints, or warning notices:
17 . for violations of Title 41, Chapter 6a, Traffic Code; or
18 . violations of any local traffic ordinance, including any of the offenses described
19 in Section 41-6a-208 which addresses regulatory powers of local highway
20 authorities.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 10-3-913, as last amended by Chapter 219, Laws of Utah 2002

28 10-3-918, as last amended by Chapter 292, Laws of Utah 2003
29 17-50-304, as renumbered and amended by Chapter 133, Laws of Utah 2000
30 53-1-108, as last amended by Chapter 2, Laws of Utah 2005
31 53-8-104, as last amended by Chapter 219, Laws of Utah 2002
32 ENACTS:
33 10-1-204, Utah Code Annotated 1953
34 17-22-2.1, Utah Code Annotated 1953
35
36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 10-1-204 is enacted to read:
38 10-1-204. Traffic violation quotas prohibited.
39 A municipality may not by any means require its law enforcement agency or any law
40 enforcement officer to issue within any specified time period a specific number of citations,
41 complaints, or warning notices for violations of Title 41, Chapter 6a, Traffic Code, or
42 violations of any local traffic ordinance, including any of the offenses described in Section
43 41-6a-208 which addresses regulatory powers of local highway authorities.
44 Section 2. Section 10-3-913 is amended to read:
45 10-3-913. Authority of chief of police.
46 (1) The chief of police has the same authority as the sheriff within the boundaries of
47 the municipality of appointment. The chief has authority to:
48 (a) suppress riots, disturbances, and breaches of the peace;
49 (b) apprehend all persons violating state laws or city ordinances;
50 (c) diligently discharge his duties and enforce all ordinances of the city to preserve the
51 peace, good order, and protection of the rights and property of all persons; and
52 (d) attend the municipal justice court located within the city when required, provide
53 security for the court, and obey its orders and directions.
54 (2) This section is not a limitation of a police chief's statewide authority as otherwise
55 provided by law.
56 (3) The chief of police shall, on or before January 1, 2003, adopt a written policy that
57 prohibits the stopping, detention, or search of any person when the action is solely motivated
58 by considerations of race, color, ethnicity, age, or gender.

59 (4) A police chief may not by any means require any law enforcement officer to issue
60 within any specified time period a specific number of citations, complaints, or warning notices
61 for violations of Title 41, Chapter 6a, Traffic Code, or violations of any local traffic ordinance,
62 including any of the offenses described in Section 41-6a-208 which addresses regulatory
63 powers of local highway authorities.
64 Section 3. Section 10-3-918 is amended to read:
65 10-3-918. Chief of police or marshal in a city of the third, fourth, or fifth class or
66 town.
67 The chief of police or marshal in each city of the third, fourth, or fifth class or town:
68 (1) shall:
69 (a) exercise and perform the duties that are prescribed by the legislative body;
70 (b) be under the direction, control, and supervision of the person or body that appointed
71 the chief or marshal; and
72 (c) on or before January 1, 2003, adopt a written policy that prohibits the stopping,
73 detention, or search of any person when the action is solely motivated by considerations of
74 race, color, ethnicity, age, or gender; [and]
75 (2) may, with the consent of the person or body that appointed the chief or marshal,
76 appoint assistants to the chief of police or marshal[.]; and
77 (3) may not by any means require any law enforcement officer to issue within any
78 specified time period a specific number of citations, complaints, or warning notices for
79 violations of Title 41, Chapter 6a, Traffic Code, or violations of any local traffic ordinance,
80 including any of the offenses described in Section 41-6a-208 which addresses regulatory
81 powers of local highway authorities.
82 Section 4. Section 17-22-2.1 is enacted to read:
83 17-22-2.1. Traffic violation quotas prohibited.
84 A sheriff may not by any means require any law enforcement officer to issue within any
85 specified time period a specific number of citations, complaints, or warning notices for
86 violations of Title 41, Chapter 6a, Traffic Code, or violations of any local traffic ordinance,
87 including any of the offenses described in Section 41-6a-208 which addresses regulatory
88 powers of local highway authorities.
89 Section 5. Section 17-50-304 is amended to read:

90 17-50-304. Police, building, and sanitary regulations -- Prohibition of quotas.
91 (1) A county may make and enforce within the limits of the county, outside the limits
92 of cities and towns, all such local, police, building, and sanitary regulations as are not in
93 conflict with general laws.
94 (2) A county may not by any means require its law enforcement agency or any law
95 enforcement officer to issue within any specified time period a specific number of citations,
96 complaints, or warning notices for violations of Title 41, Chapter 6a, Traffic Code, or
97 violations of any local traffic ordinance, including any of the offenses described in Section
98 41-6a-208 which addresses regulatory powers of local highway authorities.
99 Section 6. Section 53-1-108 is amended to read:
100 53-1-108. Commissioner's powers and duties.
101 (1) In addition to the responsibilities contained in this title, the commissioner shall:
102 (a) administer and enforce this title and Title 41, Chapter 12a, Financial Responsibility
103 of Motor Vehicle Owners and Operators Act;
104 (b) appoint deputies, inspectors, examiners, clerical workers, and other employees as
105 required to properly discharge the duties of the department;
106 (c) make rules:
107 (i) governing emergency use of signal lights on private vehicles; and
108 (ii) allowing privately owned vehicles to be designated for part-time emergency use, as
109 provided in Section 41-6a-310 ;
110 (d) set standards for safety belt systems, as required by Section [ 41-6a-1803 ]
111 41-6a-1802 ;
112 (e) serve as the chairman of the Disaster Emergency Advisory Council, as required by
113 Section 63-5-4 ;
114 (f) designate vehicles as "authorized emergency vehicles," as required by Section
115 41-6a-102 ; and
116 (g) on or before January 1, 2003, adopt a written policy that prohibits the stopping,
117 detention, or search of any person when the action is solely motivated by considerations of
118 race, color, ethnicity, age, or gender.
119 (2) The commissioner may:
120 (a) subject to the approval of the governor, establish division headquarters at various

121 places in the state;
122 (b) issue to a special agent a certificate of authority to act as a peace officer and revoke
123 that authority for cause, as authorized in Section 56-1-21.5 ;
124 (c) create specialized units within the commissioner's office for conducting internal
125 affairs and aircraft operations as necessary to protect the public safety;
126 (d) cooperate with any recognized agency in the education of the public in safety and
127 crime prevention and participate in public or private partnerships, subject to Subsection (3);
128 (e) cooperate in applying for and distributing highway safety program funds; and
129 (f) receive and distribute federal funding to further the objectives of highway safety in
130 compliance with the Federal Assistance Management Program Act.
131 (3) (a) Money may not be expended under Subsection (2)(d) for public safety education
132 unless it is specifically appropriated by the Legislature for that purpose.
133 (b) Any recognized agency receiving state money for public safety shall file with the
134 auditor of the state an itemized statement of all its receipts and expenditures.
135 (4) The commissioner may not by any means require any law enforcement officer to
136 issue within any specified time period a specific number of citations, complaints, or warning
137 notices for violations of Title 41, Chapter 6a, Traffic Code.
138 Section 7. Section 53-8-104 is amended to read:
139 53-8-104. Superintendent's duties.
140 (1) The superintendent shall:
141 [(1)] (a) divide the state highways into sections for the purpose of patrolling and
142 policing;
143 [(2)] (b) employ peace officers known as highway patrol troopers to patrol or police the
144 highways within this state and to enforce the state statutes as required;
145 [(3)] (c) establish ranks, grades, and positions in the Highway Patrol and designate the
146 authority and responsibility in each rank, grade, and position;
147 [(4)] (d) establish for the Highway Patrol standards and qualifications and fix
148 prerequisites of training, education, and experience for each rank, grade, and position;
149 [(5)] (e) appoint personnel to each rank, grade, and position necessary for the efficient
150 operation and administration of the Highway Patrol;
151 [(6)] (f) devise and administer examinations designed to test applicants for positions

152 with the Highway Patrol;
153 [(7)] (g) make rules governing the Highway Patrol as appear to the superintendent
154 advisable;
155 [(8)] (h) discharge, demote, or temporarily suspend any employee in the Highway
156 Patrol for cause;
157 [(9)] (i) prescribe the uniforms to be worn and the equipment to be used by employees
158 of the Highway Patrol;
159 [(10)] (j) charge against each employee of the Highway Patrol the value of any
160 property of the state lost or destroyed through the carelessness of the employee;
161 [(11)] (k) establish, with the approval of the Division of Finance, the terms and
162 conditions under which expense allowance should be paid to any employee of the Highway
163 Patrol while away from his station;
164 [(12)] (l) station the Highway Patrol in localities as he finds advisable for the
165 enforcement of the laws of this state;
166 [(13)] (m) conduct in conjunction with the State Board of Education in and through all
167 state schools an educational campaign in highway safety and work in conjunction with civic
168 organizations, churches, local units of government, and other organizations that may function
169 in accomplishing the purposes of reducing highway accidents;
170 [(14)] (n) provide the initial mandatory uniform items for each new trooper hired after
171 July 1, 1998;
172 [(15)] (o) determine by rule a basic uniform allowance system which includes the
173 manner in which troopers may receive maintenance services and vouchers for basic uniforms
174 and administer any funds appropriated by the Legislature to the division for that purpose; and
175 [(16)] (p) on or before January 1, 2003, adopt a written policy that prohibits the
176 stopping, detention, or search of any person when the action is solely motivated by
177 considerations of race, color, ethnicity, age, or gender.
178 (2) The superintendent may not by any means require any law enforcement officer to
179 issue within any specified time period a specific number of citations, complaints, or warning
180 notices for violations of Title 41, Chapter 6a, Traffic Code.

Legislative Review Note
as of 11-16-06 10:06 AM

Office of Legislative Research and General Counsel