This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Mon, Mar 7, 2016 at 10:47 AM by lpoole.
This document includes Senate 3rd Reading Floor Amendments (CORRECTED) incorporated into the bill on Tue, Mar 8, 2016 at 2:45 PM by lpoole.
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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; [
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[
74 (g) authorize off-duty Ŝ→ personal ←Ŝ use of Ŝ→ Department of Public Safety ←Ŝ
74a 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 [
86 [
87 all treasury transactions;
88 [
89 financial reports, and offer general assistance with financial matters to the department;
90 [
91 purchasing practices to ensure compliance with state procurement rules;
92 [
93 the department's vehicle fleet;
94 [
95 inventory system, coordinate risk management records, and organize waste paper recycling;
96 and
97 [
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 [
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 [
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 [
121 a four-year term.
122 (b) Notwithstanding the requirements of Subsection (4)(a), the [
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 [
162 local law enforcement agencies;
163 [
164 and money laundering;
165 [
166 groups, and others promoting violence;
167 [
168 [
169 [
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 [
175 [
176 cultivation, and sales;
177 [
178 [
179 [
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 Ŝ→ [
192 Officer Standards and Training Division
192a 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.
196a Ŝ→ (16)(a) The bureau is not prohibited from investigating crimes not specifically referred to
196b in this section; and
196c (b) other agencies are not prohibited from investigating crimes referred to in this
196d section. ←Ŝ
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