S.B. 273

This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Fri, Mar 4, 2011 at 3:52 PM by lwells. --> This document includes House Floor Amendments incorporated into the bill on Thu, Mar 10, 2011 at 4:41 PM by lerror. --> 1

EMERGENCY RESPONDER FEES
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: J. Stuart Adams
5 House Sponsor: Gregory H. Hughes
6
7 LONG TITLE
8 General Description:
9 This bill modifies Title 10, Utah Municipal Code, and Title 11, Cities, Counties, and
10 Local Taxing Units, by prohibiting a municipality or political subdivision from
11 charging a first responder fee.
12 Highlighted Provisions:
13 This bill:
14 . defines the term "political subdivision"; and
15 . prohibits a municipality or political subdivision from charging an individual a flat
16 fee for responding to a traffic incident.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 ENACTS:
23 10-8-55.5, Utah Code Annotated 1953
24 11-46-101, Utah Code Annotated 1953
25 11-46-102, Utah Code Annotated 1953
26
27 Be it enacted by the Legislature of the state of Utah:

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House Floor Amendments 3-10-2011 le/rf

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Senate 2nd Reading Amendments 3-4-2011 lw/rf 28

Section 1. Section 10-8-55.5 is enacted to read:
29 10-8-55.5. Prohibition of flat response fee.
30 (1) A municipality, or a person who contracts with a municipality to provide
31 emergency services:
32 (a) may not impose a flat fee, or collect a flat fee, from an individual involved in a
33 traffic incident; and
34 (b) may only charge the individual for the actual cost of services provided in
35 responding to the traffic incident S., limited to:
35a (i) medical costs for:
35b (A) transporting an individual from the scene of a traffic accident; or
35c (B) treatment of a person injured in a traffic accident;
35d (ii) repair to damaged public property H. , if the individual is legally liable for
35d1 the damage .H ;
35e (iii) H. the .H cost of materials used in cleaning up the traffic accident
35e1 H. , if the individual is legally liable for the traffic accident .H ; and
35f (iv) towing costs .S .
36 (2) If a municipality, or a person who contracts with a municipality to provide
37 emergency services, imposes a charge on more than one individual for the actual cost of
38 responding to a traffic incident, the municipality or person contracting with the municipality
39 shall apportion the charges so that it does not receive more for responding to the traffic incident
40 than the actual response cost.
41 Section 2. Section 11-46-101 is enacted to read:
42 CHAPTER 46. EMERGENCY RESPONSE
43 11-46-101. Title.
44 This chapter is known as "Emergency Response."
45 Section 3. Section 11-46-102 is enacted to read:
46 11-46-102. Prohibition of response fees.
47 (1) As used in this section, "political subdivision" means a county, city, town, local
48 district, or special district.
49 (2) A political subdivision, or a person who contracts with a political subdivision to
50 provide emergency services:
51 (a) may not impose a flat fee, or collect a flat fee, from an individual involved in a
52 traffic incident; and
53 (b) may only charge the individual for the actual cost of services provided in
54 responding to the traffic incident S., limited to:
54a (i) medical costs for:

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House Floor Amendments 3-10-2011 le/rf

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Senate 2nd Reading Amendments 3-4-2011 lw/rf 54b

(A) transporting an individual from the scene of a traffic accident; or
54c (B) treatment of a person injured in a traffic accident;
54d (ii) repair to damaged public property H. , if the individual is legally liable for
54d1 the damage .H ;
54e (iii) H. the .H cost of materials used in cleaning up the traffic accident
54e1 H. , if the individual is legally liable for the traffic accident [ clean up costs ] .H ; and
54f (iv) towing costs .S .
55 (3) If a political subdivision, or a person who contracts with a political subdivision to
56 provide emergency services, imposes a charge on more than one individual for the actual cost
57 of responding to a traffic incident, the political subdivision or person contracting with the
58 political subdivision shall apportion the charges so that it does not receive more for responding

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- 3 - 59 to the traffic incident than the actual response cost.

Legislative Review Note
as of 2-22-11 6:19 PM

Office of Legislative Research and General Counsel