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H.B. 39

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HIGHER EDUCATION PARKING ENFORCEMENT

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1997 GENERAL SESSION

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STATE OF UTAH

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Sponsor: A. Lamont Tyler

5    AN ACT RELATING TO HIGHER EDUCATION; PROVIDING THAT THE STATE BOARD
6    OF REGENTS MAY AUTHORIZE HIGHER EDUCATION INSTITUTIONS TO ENACT
7    PARKING AND TRAFFIC REGULATIONS; AND PROVIDING FOR THE
8    ENFORCEMENT OF THOSE REGULATIONS THROUGH JUDICIAL PROCESS.
9    This act affects sections of Utah Code Annotated 1953 as follows:
10    AMENDS:
11         53B-3-103, as enacted by Chapter 167, Laws of Utah 1987
12         53B-3-107, as enacted by Chapter 167, Laws of Utah 1987
13    Be it enacted by the Legislature of the state of Utah:
14        Section 1. Section 53B-3-103 is amended to read:
15         53B-3-103. Power of board to enact regulations.
16        (1) The board may enact regulations governing the conduct of university and college
17    students, faculty, and employees.
18        (2) The [regulations] board may [include rules governing] enact and authorize higher
19    education institutions to enact traffic, parking, and related [matters upon] regulations governing
20    the conduct of all individuals on campuses and other facilities owned or controlled by the
21    institutions or the board.
22        (3) The board [has the power to] and institutions may enforce [its] these rules and
23    regulations in any reasonable manner, including the assessment of fees, fines, and forfeitures, the
24    collection of which may be by withholding from moneys owed the violator, the imposition of
25    probation, suspension, or expulsion from the institution, the revocation of privileges, the refusal
26    to issue certificates, degrees, and diplomas, [and] through judicial process or any reasonable
27    combination of these alternatives.


1        Section 2. Section 53B-3-107 is amended to read:
2         53B-3-107. Traffic violations -- Notice of rule or regulation.
3        (1) It is a violation of this [chapter] section for any person[, not a student, faculty member,
4    or employee of a state institution of higher education,] to operate or park a vehicle upon any
5    property owned or controlled by a state institution of higher education contrary to posted signs
6    [and to] authorized by the published rules and regulations of the institution or to block or impede
7    traffic through or on any of these properties.
8        (2) Notice of a rule or regulation to all persons is sufficient if the rule or regulation is
9    published in one issue of a newspaper of general circulation in the county or counties in which the
10    institution and the campus or facility is located.




Legislative Review Note
    as of 12-12-96 2:29 PM


A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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