This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Mon, Mar 7, 2016 at 10:27 AM by lpoole.
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7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to security at the State Capitol.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ prohibits bringing alcohol for consumption onto the capitol hill complex;
14 ▸ modifies parking provisions for the capitol hill complex;
15 ▸ modifies the duties of the Utah Highway Patrol related to the capitol hill complex;
16 ▸ changes the penalty for violating a rule adopted by the Capitol Preservation Board
17 relating to the use of the capitol hill complex;
18 ▸ modifies the activities that constitute "interfering with a public servant";
19 ▸ modifies provisions related to disorderly conduct; and
20 ▸ makes technical changes.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 32B-4-102, as enacted by Laws of Utah 2010, Chapter 276
28 32B-4-415, as enacted by Laws of Utah 2010, Chapter 276
29 41-6a-1401, as last amended by Laws of Utah 2011, Chapter 363
30 53-8-105, as last amended by Laws of Utah 2005, Chapter 2
31 63C-9-301, as last amended by Laws of Utah 2013, Chapter 310
32 76-8-301, as last amended by Laws of Utah 1998, Chapter 72
33 76-9-102, as last amended by Laws of Utah 2014, Chapter 143
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35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 32B-4-102 is amended to read:
37 32B-4-102. Definitions.
38 [
39 is defined in Section 63C-9-102.
40 Section 2. Section 32B-4-415 is amended to read:
41 32B-4-415. Unlawful bringing onto premises for consumption.
42 (1) Except as provided in Subsection (4), a person may not bring an alcoholic product
43 for on-premise consumption onto the premises of:
44 (a) a retail licensee or person required to be licensed under this title as a retail licensee;
45 (b) an establishment that conducts a business similar to a retail licensee;
46 (c) an event where an alcoholic product is sold, offered for sale, or furnished under a
47 single event permit or temporary beer event permit issued under this title; [
48 (d) an establishment open to the general public[
49 (e) the capitol hill complex.
50 (2) Except as provided in Subsection (4), the following may not allow a person to bring
51 onto its premises an alcoholic product for on-premise consumption or allow consumption of an
52 alcoholic product brought onto its premises in violation of this section:
53 (a) a retail licensee or a person required to be licensed under this title as a retail
54 licensee;
55 (b) an establishment that conducts a business similar to a retail licensee;
56 (c) a single event permittee or temporary beer event permittee;
57 (d) an establishment open to the general public; [
58 (e) the State Capitol Preservation Board created in Section 63C-9-201; or
59 [
60 (3) Except as provided in Subsection (4)(c)(i)(A), a person may not consume an
61 alcoholic product in a limousine or chartered bus if the limousine or chartered bus drops off a
62 passenger at:
63 (a) a location from which the passenger departs in a private vehicle[
64 (b) the capitol hill complex.
65 (4) (a) A person may bring bottled wine onto the premises of the following and
66 consume the wine pursuant to Section 32B-5-307:
67 (i) a full-service restaurant licensee;
68 (ii) a limited restaurant licensee;
69 (iii) a club licensee; or
70 (iv) a person operating under a resort spa sublicense.
71 (b) A passenger of a limousine may bring onto, possess, and consume an alcoholic
72 product on the limousine if:
73 (i) the travel of the limousine begins and ends at:
74 (A) the residence of the passenger;
75 (B) the hotel of the passenger, if the passenger is a registered guest of the hotel; or
76 (C) the temporary domicile of the passenger; [
77 (ii) the driver of the limousine is separated from the passengers by partition or other
78 means approved by the department[
79 (iii) the limousine is not located on the capitol hill complex.
80 (c) A passenger of a chartered bus may bring onto, possess, and consume an alcoholic
81 product on the chartered bus:
82 (i) (A) but may consume only during travel to a specified destination of the chartered
83 bus and not during travel back to the place where the travel begins; or
84 (B) if the travel of the chartered bus begins and ends at:
85 (I) the residence of the passenger;
86 (II) the hotel of the passenger, if the passenger is a registered guest of the hotel; or
87 (III) the temporary domicile of the passenger; [
88 (ii) if the chartered bus has a nondrinking designee other than the driver traveling on
89 the chartered bus to monitor consumption[
90 (iii) if the chartered bus is not located on the capitol hill complex.
91 (5) A person may bring onto any premises, possess, and consume an alcoholic product
92 at a private event.
93 (6) Notwithstanding Subsection (5), private and public facilities may prohibit the
94 possession or consumption of alcohol on their premises.
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96 operating under a sublicense in relationship to:
97 (a) the boundary of a resort building; or
98 (b) a sublicense premises.
99 Section 3. Section 41-6a-1401 is amended to read:
100 41-6a-1401. Standing or parking vehicles -- Restrictions and exceptions.
101 (1) Except when necessary to avoid conflict with other traffic, or in compliance with
102 law, the directions of a peace officer, or a traffic-control device, a person may not:
103 (a) stop, stand, or park a vehicle:
104 (i) on the roadway side of any vehicle stopped or parked at the edge or curb of a street;
105 (ii) on a sidewalk;
106 (iii) within an intersection;
107 (iv) on a crosswalk;
108 (v) between a safety zone and the adjacent curb or within 30 feet of points on the curb
109 immediately opposite the ends of a safety zone, unless a different length is indicated by signs or
110 markings;
111 (vi) alongside or opposite any street excavation or obstruction when stopping, standing,
112 or parking would obstruct traffic;
113 (vii) on any bridge or other elevated structure, on a highway, or within a highway
114 tunnel;
115 (viii) on any railroad tracks;
116 (ix) on any controlled-access highway;
117 (x) in the area between roadways of a divided highway, including crossovers; or
118 (xi) any place where a traffic-control device prohibits stopping, standing, or parking;
119 (b) stand or park a vehicle, whether occupied or not, except momentarily to pick up or
120 discharge a passenger or passengers:
121 (i) in front of a public or private driveway;
122 (ii) within 15 feet of a fire hydrant;
123 (iii) within 20 feet of a crosswalk;
124 (iv) within 30 feet upon the approach to any flashing signal, stop sign, yield sign, or
125 traffic-control signal located at the side of a roadway;
126 (v) within 20 feet of the driveway entrance to any fire station and on the side of a street
127 opposite the entrance to any fire station within 75 feet of the entrance when properly
128 signposted; [
129 (vi) at any place where a traffic-control device prohibits standing; or
130 (vii) at the capitol hill complex as defined in Section 63C-9-102 in a parking space
131 identified as reserved for specific users, without:
132 (A) approval by the executive director of the State Capitol Preservation Board created
133 in Section 63C-9-201; and
134 (B) a properly displayed placard or other identifying marker approved by the executive
135 director of the State Capitol Preservation Board to indicate this approval; or
136 (c) park a vehicle, whether occupied or not, except temporarily for the purpose of and
137 while actually engaged in loading or unloading property or passengers:
138 (i) within 50 feet of the nearest rail of a railroad crossing; or
139 (ii) at any place where traffic-control devices prohibit parking.
140 (2) A person may not move a vehicle that is not lawfully under the person's control into
141 any prohibited area or into an unlawful distance from the curb.
142 (3) This section does not apply to a tow truck motor carrier responding to a customer
143 service call if the tow truck motor carrier has already received authorization from the local law
144 enforcement agency in the jurisdiction where the vehicle to be towed is located.
145 Section 4. Section 53-8-105 is amended to read:
146 53-8-105. Duties of Highway Patrol.
147 In addition to the duties in this chapter, the Highway Patrol shall:
148 (1) enforce the state laws and rules governing use of the state highways;
149 (2) regulate traffic on all highways and roads of the state;
150 (3) assist the governor in an emergency or at other times at his discretion;
151 (4) in cooperation with federal, state, and local agencies, enforce and assist in the
152 enforcement of all state and federal laws related to the operation of a motor carrier on a
153 highway, including all state and federal rules and regulations;
154 (5) inspect certain vehicles to determine road worthiness and safe condition as
155 provided in Section 41-6a-1630;
156 (6) upon request, assist with any condition of unrest existing or developing on a
157 campus or related facility of an institution of higher education;
158 (7) assist the Alcoholic Beverage Control Commission in an emergency to enforce the
159 state liquor laws;
160 (8) provide security and protection for both houses of the Legislature while in session
161 as the speaker of the House of Representatives and the president of the Senate finds necessary;
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163 (9) enforce the state laws and rules governing use of the capitol hill complex as defined
164 in Section 63C-9-102; and
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166 (a) provide security and protection to those courts when in session in the capital city of
167 the state;
168 (b) execute orders issued by the courts; and
169 (c) carry out duties as directed by the courts.
170 Section 5. Section 63C-9-301 is amended to read:
171 63C-9-301. Board powers -- Subcommittees.
172 (1) The board shall:
173 (a) except as provided in Subsection (2), exercise complete jurisdiction and
174 stewardship over capitol hill facilities, capitol hill grounds, and the capitol hill complex;
175 (b) preserve, maintain, and restore the capitol hill complex, capitol hill facilities,
176 capitol hill grounds, and their contents;
177 (c) before October 1 of each year, review and approve the executive director's annual
178 budget request for submittal to the governor and Legislature;
179 (d) by October 1 of each year, prepare and submit a recommended budget request for
180 the upcoming fiscal year for the capitol hill complex to:
181 (i) the governor, through the Governor's Office of Management and Budget; and
182 (ii) the Legislature's appropriations subcommittee responsible for capitol hill facilities,
183 through the Office of Legislative Fiscal Analyst;
184 (e) review and approve the executive director's:
185 (i) annual work plan;
186 (ii) long-range master plan for the capitol hill complex, capitol hill facilities, and
187 capitol hill grounds; and
188 (iii) furnishings plan for placement and care of objects under the care of the board;
189 (f) approve all changes to the buildings and their grounds, including:
190 (i) restoration, remodeling, and rehabilitation projects;
191 (ii) usual maintenance program; and
192 (iii) any transfers or loans of objects under the board's care;
193 (g) define and identify all significant aspects of the capitol hill complex, capitol hill
194 facilities, and capitol hill grounds, after consultation with the:
195 (i) Division of Facilities Construction and Management;
196 (ii) State Library Division;
197 (iii) Division of Archives and Records Service;
198 (iv) Division of State History;
199 (v) Office of Museum Services; and
200 (vi) Arts Council;
201 (h) inventory, define, and identify all significant contents of the buildings and all
202 state-owned items of historical significance that were at one time in the buildings, after
203 consultation with the:
204 (i) Division of Facilities Construction and Management;
205 (ii) State Library Division;
206 (iii) Division of Archives and Records Service;
207 (iv) Division of State History;
208 (v) Office of Museum Services; and
209 (vi) Arts Council;
210 (i) maintain archives relating to the construction and development of the buildings, the
211 contents of the buildings and their grounds, including documents such as plans, specifications,
212 photographs, purchase orders, and other related documents, the original copies of which shall
213 be maintained by the Division of Archives and Records Service;
214 (j) comply with federal and state laws related to program and facility accessibility; and
215 (k) establish procedures for receiving, hearing, and deciding complaints or other issues
216 raised about the capitol hill complex, capitol hill facilities, and capitol hill grounds, or their
217 use.
218 (2) (a) Notwithstanding Subsection (1)(a), the supervision and control of the legislative
219 area, as defined in Section 36-5-1, is reserved to the Legislature; and
220 (b) the supervision and control of the governor's area, as defined in Section 67-1-16, is
221 reserved to the governor.
222 (3) (a) The board shall make rules to govern, administer, and regulate the capitol hill
223 complex, capitol hill facilities, and capitol hill grounds by following the procedures and
224 requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
225 (b) A violation of a rule relating to the use of the capitol hill complex adopted by the
226 board under the authority of this Subsection (3) is an infraction.
227 (c) If an act violating a rule under Subsection (3)(b) also amounts to an offense subject
228 to a greater penalty under this title, Title 32B, Alcoholic Beverage Control Act, Title 41, Motor
229 Vehicles, Title 76, Utah Criminal Code, or other provision of state law, Subsection (3)(b) does
230 not prohibit prosecution and sentencing for the more serious offense.
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232 person who violates a rule adopted by the board under the authority of this Subsection (3) is
233 subject to a civil penalty not to exceed $2,500 for each violation, plus the amount of any actual
234 damages, expenses, and costs related to the violation of the rule that are incurred by the state.
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240 this section in a manner that violates a person's rights under the Utah Constitution or the First
241 Amendment to the United States Constitution, including the right of persons to peaceably
242 assemble.
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244 general counsel and the governor's general counsel for review and comment before the board
245 adopts the rules.
246 (4) The board is exempt from the requirements of Title 63G, Chapter 6a, Utah
247 Procurement Code, but shall adopt procurement rules substantially similar to the requirements
248 of that chapter.
249 (5) (a) The board may:
250 (i) establish subcommittees made up of board members and members of the public to
251 assist and support the executive director in accomplishing the executive director's duties;
252 (ii) establish fees for the use of capitol hill facilities and capitol hill grounds;
253 (iii) assign and allocate specific duties and responsibilities to any other state agency, if
254 the other agency agrees to perform the duty or accept the responsibility;
255 (iv) contract with another state agency to provide services;
256 (v) delegate by specific motion of the board any authority granted to it by this section
257 to the executive director;
258 (vi) in conjunction with Salt Lake City, expend money to improve or maintain public
259 property contiguous to East Capitol Boulevard and capitol hill;
260 (vii) provide wireless Internet service to the public without a fee in any capitol hill
261 facility; and
262 (viii) when necessary, consult with the:
263 (A) Division of Facilities Construction and Management;
264 (B) State Library Division;
265 (C) Division of Archives and Records Service;
266 (D) Division of State History;
267 (E) Office of Museum Services; and
268 (F) Arts Council.
269 (b) The board's provision of wireless Internet service under Subsection (5)(a)(vii) shall
270 be discontinued in the legislative area if the president of the Senate and the speaker of the
271 House of Representatives each submit a signed letter to the board indicating that the service is
272 disruptive to the legislative process and is to be discontinued.
273 (c) If a budget subcommittee is established by the board, the following shall serve as ex
274 officio, nonvoting members of the budget subcommittee:
275 (i) the legislative fiscal analyst, or the analyst's designee, who shall be from the Office
276 of Legislative Fiscal Analyst; and
277 (ii) the executive director of the Governor's Office of Management and Budget, or the
278 executive director's designee, who shall be from the Governor's Office of Management and
279 Budget.
280 (d) If a preservation and maintenance subcommittee is established by the board, the
281 board may, by majority vote, appoint one or each of the following to serve on the
282 subcommittee as voting members of the subcommittee:
283 (i) an architect, who shall be selected from a list of three architects submitted by the
284 American Institute of Architects; or
285 (ii) an engineer, who shall be selected from a list of three engineers submitted by the
286 American Civil Engineers Council.
287 (e) If the board establishes any subcommittees, the board may, by majority vote,
288 appoint up to two people who are not members of the board to serve, at the will of the board, as
289 nonvoting members of a subcommittee.
290 (f) Members of each subcommittee shall, at the first meeting of each calendar year,
291 select one individual to act as chair of the subcommittee for a one-year term.
292 (6) (a) The board, and the employees of the board, may not move the office of the
293 governor, lieutenant governor, president of the Senate, speaker of the House of
294 Representatives, or a member of the Legislature from the State Capitol unless the removal is
295 approved by:
296 (i) the governor, in the case of the governor's office;
297 (ii) the lieutenant governor, in the case of the lieutenant governor's office;
298 (iii) the president of the Senate, in the case of the president's office or the office of a
299 member of the Senate; or
300 (iv) the speaker of the House of Representatives, in the case of the speaker's office or
301 the office of a member of the House.
302 (b) The board and the employees of the board have no control over the furniture,
303 furnishings, and decorative objects in the offices of the governor, lieutenant governor, or the
304 members of the Legislature except as necessary to inventory or conserve items of historical
305 significance owned by the state.
306 (c) The board and the employees of the board have no control over records and
307 documents produced by or in the custody of a state agency, official, or employee having an
308 office in a building on the capitol hill complex.
309 (d) Except for items identified by the board as having historical significance, and
310 except as provided in Subsection (6)(b), the board and the employees of the board have no
311 control over moveable furnishings and equipment in the custody of a state agency, official, or
312 employee having an office in a building on the capitol hill complex.
313 Section 6. Section 76-8-301 is amended to read:
314 76-8-301. Interference with public servant.
315 (1) [
316 individual:
317 (a) uses force, violence, intimidation, or engages in any other unlawful act with a
318 purpose to interfere with a public servant performing or purporting to perform an official
319 function; [
320 (b) knowingly or intentionally interferes with the lawful service of process by a public
321 servant[
322 (c) on property that is owned, operated, or controlled by the state or a political
323 subdivision of the state, willfully denies to a public servant Ŝ→ lawful ←Ŝ :
324 (i) freedom of movement;
325 (ii) use of the property or facilities; or
326 (iii) ingress to or egress from the facilities.
327 (2) Interference with a public servant:
328 (a) under Subsection (1)(a) or (b) is a class B misdemeanor[
329 (b) under Subsection (1)(c) is a class C misdemeanor.
330 (3) For purposes of this section, "public servant" does not include jurors.
331 Section 7. Section 76-9-102 is amended to read:
332 76-9-102. Disorderly conduct.
333 (1) A person is guilty of disorderly conduct if:
334 (a) the person refuses to comply with the lawful order of a law enforcement officer to
335 move from a public place, or knowingly creates a hazardous or physically offensive condition,
336 by any act which serves no legitimate purpose; or
337 (b) intending to cause public inconvenience, annoyance, or alarm, or recklessly
338 creating a risk thereof, the person:
339 (i) engages in fighting or in violent, tumultuous, or threatening behavior;
340 (ii) makes unreasonable noises in a public place;
341 (iii) makes unreasonable noises in a private place which can be heard in a public place;
342 or
343 (iv) obstructs vehicular or pedestrian traffic in a public place.
344 (2) "Public place," for the purpose of this section, means any place to which the public
345 or a substantial group of the public has access and includes but is not limited to streets,
346 highways, and the common areas of schools, hospitals, apartment houses, office buildings,
347 public buildings and facilities, transport facilities, and shops.
348 (3) The mere carrying or possession of a holstered or encased firearm, whether visible
349 or concealed, without additional behavior or circumstances that would cause a reasonable
350 person to believe the holstered or encased firearm was carried or possessed with criminal
351 intent, does not constitute a violation of this section. Nothing in this Subsection (3) may limit
352 or prohibit a law enforcement officer from approaching or engaging any person in a voluntary
353 conversation.
354 (4) Disorderly conduct is a class C misdemeanor if the offense continues after a request
355 by a person to desist. Otherwise it is an infraction.
Legislative Review Note
Office of Legislative Research and General Counsel