This document includes House Committee Amendments incorporated into the bill on Wed, Mar 11, 2015 at 9:41 AM by jeyring.
Representative Bruce R. Cutler proposes the following substitute bill:


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STATE VEHICLE AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Bruce R. Cutler

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions regarding state vehicles managed by the Division of Fleet
10     Operations.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     requires the Division of Fleet Operations to display on state vehicles with an "EX"
15     license plate:
16               •     the text "For Official Use Only"; and
17               •     the text "How's My Driving?" and the phone number to call;
18          ▸     requires the division to:
19               •     maintain a phone number for the public to call to compliment or complain about
20     the operation of a state vehicle; and
21               •     refer complaints and compliments to the agency that owns, leases, or operates a
22     state vehicle;
23          ▸     clarifies who is responsible for repairs and for ensuring state vehicle markings meet
24     visibility requirements; and
25          ▸     makes technical changes.
26     Money Appropriated in this Bill:
27          None
28     Other Special Clauses:
29          This bill provides a special effective date.
30     Utah Code Sections Affected:
31     AMENDS:
32          63A-9-501, as last amended by Laws of Utah 2006, Chapter 139
33          63A-9-601, as enacted by Laws of Utah 1996, Chapter 334
34     

35     Be it enacted by the Legislature of the state of Utah:
36          Section 1. Section 63A-9-501 is amended to read:
37          63A-9-501. Complaints about misuse or illegal operation of state vehicles --
38     Disposition.
39          (1) The division shall:
40          (a) designate and maintain a phone number for the public to call to compliment or
41     complain about the operation of a state vehicle;
42          (b) for the phone number designated under Subsection (1)(a), establish a way for a
43     caller to leave a message if a staff member is unavailable to answer the phone call; and
44          (c) for calls with a compliment or complaint about the operation of a state vehicle,
45     monitor messages received under Subsection (1)(b) and log calls made to the phone number
46     designated under Subsection (1)(a).
47          [(1)] (2) The division shall refer [complaints] to the agency that owns, leases, or
48     operates a state vehicle:
49          (a) a complaint from the public about misuse or illegal operation of the state [vehicles
50     to the agency that is the owner or lessor of the] vehicle[.]; and
51          (b) a compliment from the public regarding the operation of the state vehicle.
52          [(2)] (3) Each agency head or [his] the agency head's designee shall investigate all
53     complaints about misuse or illegal operation of state vehicles and shall discipline each
54     employee that is found to have misused or illegally operated a vehicle by following the
55     procedures set forth in the rules adopted by the Department of Human Resource Management
56     as authorized by Section 67-19-18.
57          [(3)] (4) (a) Each agency shall report the findings of each investigation conducted as
58     well as any action taken as a result of the investigation to the directors of the Divisions of Fleet
59     Operations and Risk Management.
60          (b) Misuse or illegal operation of state vehicles may result in suspension or revocation
61     of state vehicle driving privileges as governed in rule.
62          Section 2. Section 63A-9-601 is amended to read:
63          63A-9-601. Marking of vehicles.
64          (1) As used in this section:
65          (a) "State 'EX' plated vehicle" means a motor vehicle that is:
66          (i) owned, leased for use, or operated by the state; and
67          (ii) required under Section 41-1a-407 to display an "EX" license plate.
68          (b) "State 'EX' plated vehicle markings" means the license plate, identification marks,
69     text, and other information required under Subsection (2) to be displayed on a state "EX" plated
70     vehicle.
71          [(1)] (2) (a) Except as provided in Subsection [(5)] (6), [all motor vehicles owned,
72     leased for use, or operated by the state shall display an identification mark and "EX" plates
73     where required by Section 41-1a-407.] the division shall ensure that every state "EX" plated
74     vehicle displays:
75          [(b) The division is responsible for ensuring that vehicles owned or leased by the state
76     are marked.]
77          [(c) The division shall enact rules relating to the size and design of the identification
78     mark.]
79          [(2) The identification mark shall be]
80          (i) an "EX" license plate as required under Subsection 41-1a-407(1)(a);
81          (ii) an identification mark as required under Subsection 41-1a-407(1)(b);
82          (iii) the text "For Official Use Only" in a conspicuous place on both the passenger side
83     and the driver side of the vehicle; and
84          (iv) on the back side of the vehicle the following information:
85          (A) the text Ĥ→ ["How's My Driving?"] "contact number:" ←Ĥ ;
86          (B) the phone number designated by the division under Section 63A-9-501; and
87          (C) text informing a caller that the caller will need to include the license plate number
88     when calling.
89          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
90     division shall adopt rules specifying the size and design of the state "EX" plated vehicle
91     markings, except the license plate.
92          (3) (a) An operator of a state "EX" plated vehicle shall ensure that the state "EX" plated
93     vehicle markings are clear, distinct, and kept free from defacement, mutilation, grease, and
94     other obscuring matter so that [it is] the markings are plainly visible at all times.
95          (b) If the state "EX" plated vehicle markings are in need of repair, the vehicle operator
96     shall request that the agency that owns, leases, or operates the state vehicle make the repairs.
97          (c) The agency that owns, leases, or operates a state vehicle shall make necessary
98     repairs to the state "EX" plated vehicle markings.
99          [(3)] (4) Each person operating a state "EX" plated vehicle without the proper
100     [designation] state "EX" plated vehicle markings is guilty of an infraction.
101          [(4) Vehicles] (5) A motor vehicle used in official investigative work where secrecy is
102     essential [are] is exempt from the requirements of this section.
103          [(5)] (6) Notwithstanding Subsection [(1)] (2), the division may grant a security
104     [exemptions to the identification mark and "EX" plate requirement when] exemption to the
105     requirements of this section if the division:
106          (a) receives a request for an exemption; and
107          (b) determines there is a substantial danger to the person to whom the vehicle is
108     assigned if the vehicle is identified as a state vehicle.
109          Section 3. Effective date.
110          This bill takes effect on January 1, 2016.