1     
DEPARTMENT OF PUBLIC SAFETY AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Curtis S. Bramble

5     
House Sponsor: Don L. Ipson

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions of the Public Safety Code regarding the Department of
10     Public Safety.
11     Highlighted Provisions:
12          This bill:
13          ▸     authorizes the State Bureau of Investigation to provide a state cybercrime unit to
14     investigate various computer and network intrusion matters;
15          ▸     requires that the State Bureau of Investigation provide assistance to the divisions of
16     the Department of Public Safety;
17          ▸     provides that the State Bureau of Investigation investigate alleged crimes or public
18     corruption, at the request of a governmental entity or when the offense is reported to
19     the Peace Officers Standards and Training Division, when the allegations concern
20     criminal violations or public corruption regarding an individual who is or has been
21     elected, appointed, or employed by a governmental entity;
22          ▸     provides that the members of the Motor Vehicle Safety Inspection Advisory Council
23     shall be appointed by the commissioner of public safety;
24          ▸     provides that the commissioner of public safety may authorize the off-duty use of
25     emergency vehicles;
26          ▸     repeals an obsolete section regarding the admissibility of Utah State Crime
27     Laboratory documents of drug analysis; and

28          ▸     makes technical corrections.
29     Money Appropriated in this Bill:
30          None
31     Other Special Clauses:
32          None
33     Utah Code Sections Affected:
34     AMENDS:
35          53-1-108, as last amended by Laws of Utah 2013, Chapter 295
36          53-1-204, as enacted by Laws of Utah 1993, Chapter 234
37          53-8-203, as last amended by Laws of Utah 2010, Chapter 286
38          53-10-302, as last amended by Laws of Utah 2000, Chapter 316
39     REPEALS:
40          58-37-21, as last amended by Laws of Utah 2008, Chapter 382
41     

42     Be it enacted by the Legislature of the state of Utah:
43          Section 1. Section 53-1-108 is amended to read:
44          53-1-108. Commissioner's powers and duties.
45          (1) In addition to the responsibilities contained in this title, the commissioner shall:
46          (a) administer and enforce this title and Title 41, Chapter 12a, Financial Responsibility
47     of Motor Vehicle Owners and Operators Act;
48          (b) appoint deputies, inspectors, examiners, clerical workers, and other employees as
49     required to properly discharge the duties of the department;
50          (c) make rules:
51          (i) governing emergency use of signal lights on private vehicles; and
52          (ii) allowing privately owned vehicles to be designated for part-time emergency use, as
53     provided in Section 41-6a-310;
54          (d) set standards for safety belt systems, as required by Section 41-6a-1803;
55          (e) serve as the cochair of the Emergency Management Administration Council, as
56     required by Section 53-2a-105;
57          (f) designate vehicles as "authorized emergency vehicles," as required by Section
58     41-6a-102; and

59          (g) on or before January 1, 2003, adopt a written policy that prohibits the stopping,
60     detention, or search of any person when the action is solely motivated by considerations of
61     race, color, ethnicity, age, or gender.
62          (2) The commissioner may:
63          (a) subject to the approval of the governor, establish division headquarters at various
64     places in the state;
65          (b) issue to a special agent a certificate of authority to act as a peace officer and revoke
66     that authority for cause, as authorized in Section 56-1-21.5;
67          (c) create specialized units within the commissioner's office for conducting internal
68     affairs and aircraft operations as necessary to protect the public safety;
69          (d) cooperate with any recognized agency in the education of the public in safety and
70     crime prevention and participate in public or private partnerships, subject to Subsection (3);
71          (e) cooperate in applying for and distributing highway safety program funds; [and]
72          (f) receive and distribute federal funding to further the objectives of highway safety in
73     compliance with Title 63J, Chapter 5, Federal Funds Procedures Act[.]; and
74          (g) authorize off-duty use of emergency vehicles.
75          (3) (a) Money may not be expended under Subsection (2)(d) for public safety education
76     unless it is specifically appropriated by the Legislature for that purpose.
77          (b) Any recognized agency receiving state money for public safety shall file with the
78     auditor of the state an itemized statement of all its receipts and expenditures.
79          Section 2. Section 53-1-204 is amended to read:
80          53-1-204. Division duties.
81          The division shall:
82          (1) provide administrative and staff support to the commissioner;
83          (2) ensure that all departmental administrative processes are in compliance with state
84     law, rules, and procedures;
85          [(3) administer all human resource related matters throughout the department;]
86          [(4)] (3) make deposits, pay all claims and obligations of the department, and conduct
87     all treasury transactions;
88          [(5)] (4) prepare the department budget, review department expenditures, prepare
89     financial reports, and offer general assistance with financial matters to the department;

90          [(6)] (5) coordinate and review department purchases and monitor department
91     purchasing practices to ensure compliance with state procurement rules;
92          [(7)] (6) coordinate the purchase, operation, maintenance, records, and final disposal of
93     the department's vehicle fleet;
94          [(8)] (7) make capital facility plans for the department, maintain a capital equipment
95     inventory system, coordinate risk management records, and organize waste paper recycling;
96     and
97          [(9)] (8) make rules for the department authorized by this title.
98          Section 3. Section 53-8-203 is amended to read:
99          53-8-203. Council created -- Members -- Term -- Meetings -- Duties.
100          (1) There is created within the division the Motor Vehicle Safety Inspection Advisory
101     Council.
102          (2) (a) The council shall be composed of seven members.
103          (b) The [governor] commissioner shall appoint:
104          (i) one member from the general public with experience or interest in product safety or
105     consumer advocacy;
106          (ii) two representatives from motor vehicle mechanics and motor vehicle repair
107     business owners;
108          (iii) one member of the motoring public with no former or current affiliation with the
109     motor vehicle sales, repair, or fuel industry or its regulation;
110          (iv) one peace officer with experience in motor vehicle law enforcement;
111          (v) one representative of the commercial trucking industry; and
112          (vi) one representative of the staff of the attorney general who shall serve without
113     voting privileges.
114          (3) Each member of the council shall:
115          (a) be selected on a nonpartisan basis;
116          (b) be appointed by the [governor] commissioner; and
117          (c) have been a legal resident of the state for at least one year immediately preceding
118     the date of appointment.
119          (4) (a) Except as required by Subsection (4)(b), as terms of current council members
120     expire, the [governor] commissioner shall appoint each new member or reappointed member to

121     a four-year term.
122          (b) Notwithstanding the requirements of Subsection (4)(a), the [governor]
123     commissioner shall, at the time of appointment or reappointment, adjust the length of terms to
124     ensure that the terms of council members are staggered so that approximately half of the
125     council is appointed every two years.
126          (c) Members serve from the date of appointment until a replacement is appointed.
127          (5) When a vacancy occurs in the membership for any reason, the replacement shall be
128     appointed for the unexpired term.
129          (6) The council shall elect its own chair and vice-chair at its first regular meeting each
130     calendar year.
131          (7) All meetings of the council shall be called by the superintendent of the highway
132     patrol as needed.
133          (8) Any three voting members constitute a quorum for the transaction of business that
134     comes before the council.
135          (9) A member may not receive compensation or benefits for the member's service, but
136     may receive per diem and travel expenses in accordance with:
137          (a) Section 63A-3-106;
138          (b) Section 63A-3-107; and
139          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
140     63A-3-107.
141          (10) The council shall:
142          (a) hear appeals of administrative actions regarding the suspension or revocation of
143     safety inspection station permits and safety inspector certificates;
144          (b) advise the division on interpretation, adoption, and implementation of motor
145     vehicle safety inspection standards; and
146          (c) advise the division on other motor vehicle safety inspection issues as requested by
147     the superintendent.
148          (11) In conducting appeal hearings on the suspension or revocation of any safety
149     inspection station permit or safety inspector certificate the council may:
150          (a) compel the attendance of witnesses by subpoena;
151          (b) require the production of any records or documents determined by it to be pertinent

152     to the subject matter of the hearing; and
153          (c) apply to the district court of the county where the hearing is held for an order citing
154     any applicant or witness for contempt and for failure to attend, testify, or produce required
155     documents.
156          Section 4. Section 53-10-302 is amended to read:
157          53-10-302. Bureau duties.
158          The bureau shall:
159          (1) provide assistance and investigative resources to divisions within the Department of
160     Public Safety;
161          [(1)] (2) upon request, provide assistance and specialized law enforcement services to
162     local law enforcement agencies;
163          [(2)] (3) conduct financial investigations regarding suspicious cash transactions, fraud,
164     and money laundering;
165          [(3)] (4) investigate criminal activity of organized crime networks, gangs, extremist
166     groups, and others promoting violence;
167          [(4)] (5) investigate criminal activity of terrorist groups;
168          [(5)] (6) enforce the Utah Criminal Code;
169          [(6)] (7) cooperate and exchange information with other state agencies and with other
170     law enforcement agencies of government, both within and outside of this state, through a
171     statewide information and intelligence center to obtain information that may achieve more
172     effective results in the prevention, detection, and control of crime and apprehension of
173     criminals;
174          [(7)] (8) create and maintain a statewide criminal intelligence system;
175          [(8)] (9) provide specialized case support and investigate illegal drug production,
176     cultivation, and sales;
177          [(9)] (10) investigate, follow-up, and assist in highway drug interdiction cases;
178          [(10)] (11) make rules to implement this chapter; [and]
179          [(11)] (12) perform the functions specified in Part 2, Bureau of Criminal
180     Identification[.];
181          (13) provide a state cybercrime unit to investigate computer and network intrusion
182     matters involving state-owned computer equipment and computer networks as reported under

183     Section 76-6-705;
184          (14) investigate violations of Section 76-6-703 and other computer related crimes
185     including:
186          (a) computer network intrusions;
187          (b) denial of services attacks;
188          (c) computer related theft or fraud;
189          (d) intellectual property violations; and
190          (e) electronic threats; and
191          (15) upon request by a governmental entity or when referred directly to the Peace
192     Officer Standards and Training Division, investigate the following when alleged to have been
193     committed by an individual who is currently or has been previously elected, appointed, or
194     employed by a governmental entity:
195          (a) criminal offenses; and
196          (b) matters of public corruption.
197          Section 5. Repealer.
198          This bill repeals:
199          Section 58-37-21, Admissibility of Utah State Crime Laboratory documents --
200     Drug analysis in criminal pretrial proceedings.






Legislative Review Note
Office of Legislative Research and General Counsel