This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Tue, Mar 7, 2017 at 11:12 AM by lpoole.
Representative Mike K. McKell proposes the following substitute bill:


1     
AUTOMATED TRAFFIC ENFORCEMENT SAFETY DEVICES

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Mike K. McKell

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     General Description:
9          This bill enacts provisions authorizing the use of an automated traffic enforcement
10     safety device on a school bus.
11     Highlighted Provisions:
12          This bill:
13          ▸     authorizes the use of an automated traffic enforcement safety device on a school bus
14     to capture a photograph or video image of a possible violation of certain traffic
15     laws;
16          ▸     authorizes the use of a photograph or video image obtained by an automated traffic
17     enforcement safety device as evidence of certain traffic violations;
18          ▸     provides for a portion of fines collected for certain traffic violations related to
19     school buses to be allocated to offset costs of an automated traffic enforcement
20     safety device if the device was used to provide evidence of a violation;
21          ▸     provides rulemaking authority; and
22          ▸     makes technical changes.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:

26          None
27     Utah Code Sections Affected:
28     AMENDS:
29          41-6a-1302, as last amended by Laws of Utah 2015, Chapter 412
30          41-6a-1303, as renumbered and amended by Laws of Utah 2005, Chapter 2
31          78A-5-110, as last amended by Laws of Utah 2008, Chapter 22 and renumbered and
32     amended by Laws of Utah 2008, Chapter 3
33          78A-6-210, as renumbered and amended by Laws of Utah 2008, Chapter 3
34          78A-7-120, as last amended by Laws of Utah 2012, Chapter 205
35     ENACTS:
36          41-6a-1310, Utah Code Annotated 1953
37     

38     Be it enacted by the Legislature of the state of Utah:
39          Section 1. Section 41-6a-1302 is amended to read:
40          41-6a-1302. School bus -- Signs and light signals -- Flashing amber lights --
41     Flashing red lights -- Passing school bus -- Duty to stop -- Travel in opposite direction --
42     Penalties.
43          (1) A school bus, when operated for the transportation of school children, shall:
44          (a) bear on the front and rear of the bus a plainly visible sign containing the words
45     "school bus" in letters not less than eight inches in height, which shall be removed or covered
46     when the vehicle is not in use for the transportation of school children; and
47          (b) be equipped with alternating flashing amber and red light signals visible from the
48     front and rear, of a type approved and mounted as required under Section 41-6a-1301 and
49     prescribed by the department under Section 41-6a-1601.
50          (2) The operator of a vehicle on a highway, upon meeting or overtaking a school bus
51     equipped with signals required under this section which is displaying alternating flashing:
52          (a) amber warning light signals, shall slow the vehicle, but may proceed past the school
53     bus using due care and caution at a speed not greater than specified in Subsection 41-6a-601(2)
54     for school zones for the safety of the school children that may be in the vicinity; or
55          (b) red light signals visible from the front or rear, shall stop immediately before
56     reaching the bus and may not proceed until the flashing red light signals cease operation.

57          (3) The operator of a vehicle need not stop upon meeting or passing a school bus
58     displaying alternating flashing red light signals if the school bus is traveling in the opposite
59     direction when:
60          (a) traveling on a divided highway;
61          (b) the bus is stopped at an intersection or other place controlled by a traffic-control
62     signal or by a peace officer; or
63          (c) on a highway of five or more lanes, which may include a left-turn lane or two-way
64     left turn lane.
65          (4) (a) The operator of a school bus shall operate alternating flashing red light signals
66     at all times when:
67          (i) children are unloading from a school bus to cross a highway;
68          (ii) a school bus is stopped for the purpose of loading children who must cross a
69     highway to board the bus; or
70          (iii) it would be hazardous for vehicles to proceed past the stopped school bus.
71          (b) The alternating flashing red light signals may not be operated except:
72          (i) when the school bus is stopped for loading or unloading school children; or
73          (ii) for an emergency purpose.
74          (5) The operator of a school bus being operated on a highway shall have the headlights
75     of the school bus lighted.
76          (6) (a) A violation of Subsection (2) or (3) is a class C misdemeanor and the minimum
77     fine is:
78          (i) $100 for a first offense;
79          (ii) $200 for a second offense within three years of a previous conviction or bail
80     forfeiture; and
81          (iii) $500 for a third or subsequent offense within three years of a previous conviction
82     or bail forfeiture.
83          (b) A violation of Subsection (5) is an infraction and the fine is $50.
84          (c) The court may order the person to perform compensatory service in lieu of the fine
85     or any portion of the fine if the court makes the reasons for the waiver part of the record.
86          (d) In accordance with Section 78A-5-110, 78A-6-210, or 78A-7-120, as applicable, if
87     a photograph or video image obtained from an automated traffic enforcement safety device

88     described in Section 41-6a-1310 was used as evidence of a violation of Subsection (2) or (3),
89     20% of the fine collected under Subsection (6)(a) shall be deposited with the school district or
90     private school that owns or contracts for the operation of the bus to offset the costs of the
91     automated traffic enforcement safety device.
92          (7) A violation of Subsection (1) or (4) is an infraction.
93          (8) The Driver License Division shall develop and implement a record system to
94     distinguish:
95          (a) a conviction or bail forfeiture under this section from other convictions; and
96          (b) between a first and subsequent conviction or bail forfeiture under this section.
97          Section 2. Section 41-6a-1303 is amended to read:
98          41-6a-1303. Passing a school bus complaint procedure.
99          (1) (a) An operator of a school bus who observes a violation of Subsection
100     41-6a-1302(2) or (3) may prepare a report, in a manner specified by the school district, to the
101     school district transportation coordinator no more than two working days after the alleged
102     violation occurred.
103          (b) (i) The report under Subsection (1)(a) shall contain:
104          [(i)] (A) the date, time, and location of the violation;
105          [(ii)] (B) the license plate number and state and description of the offending vehicle;
106          [(iii)] (C) as much as practical, a description of the operator of the offending vehicle;
107          [(iv)] (D) a description of the incident involving the violation;
108          [(v)] (E) information on how to contact the school bus operator who witnessed the
109     offense; and
110          [(vi)] (F) the signature of the operator of the school bus who witnessed the offense
111     attesting to the accuracy of the report.
112          (ii) The report under Subsection (1)(a) may contain photographs or video images
113     produced by an automated traffic enforcement safety device described in Section 41-6a-1310.
114          (2) (a) Upon receipt of a report in accordance with Subsection (1), the school district
115     transportation coordinator shall promptly send a notification letter to the last-known registered
116     owner of the vehicle.
117          (b) The notification letter shall include:
118          (i) the applicable information on the school bus operator's report stating that the vehicle

119     was observed passing a school bus displaying alternating flashing red lights in violation of state
120     law;
121          (ii) a complete explanation of the applicable provisions of Section 41-6a-1302; and
122          (iii) an explanation that the notification letter is not a peace officer citation but is an
123     effort to call attention to the seriousness of the incident.
124          (c) The school district transportation coordinator may file the report with the local law
125     enforcement agency that has jurisdiction for the alleged violation.
126          (3) A law enforcement agency that receives a report in accordance with Subsection (2)
127     may have a peace officer initiate an investigation of the reported violation.
128          Section 3. Section 41-6a-1310 is enacted to read:
129          41-6a-1310. School bus traffic safety devices.
130          (1) For purposes of this section, "automated traffic enforcement safety device" means a
131     device that:
132          (a) is affixed to a school bus;
133          (b) is capable of detecting a vehicle unlawfully overtaking or passing a school bus;
134          (c) is capable of producing a photograph or video image of the rear of a vehicle,
135     including an image of the vehicle's license plate; and

136          (d) produces a time stamp on the photograph or video image described in Subsection
137     (1)(c).

138          (2) A school district or private school may install an automated traffic enforcement
139     safety device on a school bus.

139a     Ŝ→      (3) A photograph, video image, or other record produced by an automated traffic
139b     enforcement safety device may not be used for any purpose other than evidence for a violation
139c     of Section 41-6a-1302. ←Ŝ
140          Ŝ→ [
(3)] (4) ←Ŝ A photograph, video image, or other record produced by an automated
140a     traffic
141     enforcement safety device is subject to Title 63G, Chapter 2, Government Records Access and
142     Management Act.
143          Ŝ→ [
(4)] (5) ←Ŝ In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
143a     Act, the
144     State Board of Education may make rules to address student privacy concerns that may arise
145     from the use of an automated traffic enforcement safety device authorized in this section.
146          Section 4. Section 78A-5-110 is amended to read:
147          78A-5-110. Allocation of district court fees and forfeitures.
148          (1) Except as provided in this section, district court fines and forfeitures collected for
149     violation of state statutes shall be paid to the state treasurer.

150          (2) Fines and forfeitures collected by the court for violation of a state statute or county
151     or municipal ordinance constituting a misdemeanor or an infraction shall be remitted 1/2 to the
152     state treasurer and 1/2 to the treasurer of the state or local governmental entity which
153     prosecutes or which would prosecute the violation.
154          (3) (a) Fines and forfeitures collected for violations of Title 23, Wildlife Resources
155     Code of Utah, Title 41, Chapter 22, Off-Highway Vehicles, or Title 73, Chapter 18, State
156     Boating Act, shall be paid to the state treasurer.
157          [(a)] (b) For violations of Title 23, Wildlife Resources Code of Utah, the state treasurer
158     shall allocate 85% to the Division of Wildlife Resources and 15% to the General Fund.
159          [(b)] (c) For violations of Title 41, Chapter 22, Off-Highway Vehicles, or Title 73,
160     Chapter 18, State Boating Act, the state treasurer shall allocate 85% to the Division of Parks
161     and Recreation and 15% to the General Fund.
162          (4) Fines and forfeitures collected for violation of Section 72-7-404 or 72-7-406, less
163     fees established by the Judicial Council, shall be paid to the state treasurer for deposit in the B
164     and C road account. Fees established by the Judicial Council shall be deposited in the state
165     General Fund. Money deposited in the class B and C road account is supplemental to the
166     money appropriated under Section 72-2-107 but shall be expended in the same manner as other
167     class B and C road funds.
168          (5) (a) Fines and forfeitures collected by the court for a second or subsequent violation
169     under Section 41-6a-1713 or Subsection 72-7-409(8)(b) shall be remitted:
170          (i) 60% to the state treasurer to be deposited in the Transportation Fund; and
171          (ii) 40% in accordance with Subsection (2).
172          (b) Fines and forfeitures collected by the court for a second or subsequent violation
173     under Subsection 72-7-409(8)(c) shall be remitted:
174          (i) 50% to the state treasurer to be deposited in the Transportation Fund; and
175          (ii) 50% in accordance with Subsection (2).
176          (6) For fines and forfeitures collected by the court for a violation of Section
177     41-6a-1302 in instances where evidence of the violation was obtained by an automated traffic
178     enforcement safety device as described in Section 41-6a-1310, the court shall allocate 20% to
179     the school district or private school that owns or contracts for the use of the bus, and the state
180     treasurer shall allocate 40% to the treasurer of the state or local governmental entity that

181     prosecutes or that would prosecute the violation, and 40% to the General Fund.
182          [(6)] (7) Fines and forfeitures collected for any violations not specified in this chapter
183     or otherwise provided for by law shall be paid to the state treasurer.
184          [(7)] (8) Fees collected in connection with civil actions filed in the district court shall
185     be paid to the state treasurer.
186          [(8)] (9) The court shall remit money collected in accordance with Title 51, Chapter 7,
187     State Money Management Act.
188          Section 5. Section 78A-6-210 is amended to read:
189          78A-6-210. Fines -- Fees -- Deposit with state treasurer -- Restricted account.
190          (1) There is created within the General Fund a restricted account known as the
191     "Nonjudicial Adjustment Account."
192          (2) (a) The account shall be funded from the financial penalty established under
193     Subsection 78A-6-602(2)(d)(i).
194          (b) The court shall deposit all money collected as a result of penalties assessed as part
195     of the nonjudicial adjustment of a case in the account.
196          (c) The account shall be used to pay the expenses of juvenile compensatory service,
197     victim restitution, and diversion programs.
198          (3) (a) Except under [Subsection] Subsections (3)(b), (4), and as otherwise provided by
199     law, all fines, fees, penalties, and forfeitures imposed and collected by the juvenile court shall
200     be paid to the state treasurer for deposit in the General Fund.
201          (b) Not more than 50% of any fine or forfeiture collected may be paid to a state
202     rehabilitative employment program for delinquent minors that provides for employment of the
203     minor in the county of the minor's residence if:
204          (i) reimbursement for the minor's labor is paid to the victim of the minor's delinquent
205     behavior;
206          (ii) the amount earned and paid is set by court order;
207          (iii) the minor is not paid more than the hourly minimum wage; and
208          (iv) no payments to victims are made without the minor's involvement in a
209     rehabilitative work program.
210          (c) Fines withheld under Subsection (3)(b) and any private contributions to the
211     rehabilitative employment program are accounted for separately and are subject to audit at any

212     time by the state auditor.
213          (d) Funds withheld under Subsection (3)(b) and private contributions are nonlapsing.
214     The Board of Juvenile Court Judges shall establish policies for the use of the funds described
215     in this subsection.
216          (4) For fines and forfeitures collected by the court for a violation of Section
217     41-6a-1302 in instances where evidence of the violation was obtained by an automated traffic
218     enforcement safety device as described in Section 41-6a-1310, the court shall allocate 20% to
219     the school district or private school that owns or contracts for the use of the bus, and the state
220     treasurer shall allocate 80% to the General Fund.
221          [(4)] (5) No fee may be charged by any state or local public officer for the service of
222     process in any proceedings initiated by a public agency.
223          Section 6. Section 78A-7-120 is amended to read:
224          78A-7-120. Disposition of fines.
225          (1) Except as otherwise specified by this section, fines and forfeitures collected by a
226     justice court shall be remitted, 1/2 to the treasurer of the local government responsible for the
227     court and 1/2 to the treasurer of the local government which prosecutes or which would
228     prosecute the violation. An interlocal agreement created pursuant to Title 11, Chapter 13,
229     Interlocal Cooperation Act, related to justice courts may alter the ratio provided in this section
230     if the parties agree.
231          (2) (a) For violation of Title 23, Wildlife Resources Code of Utah, the court shall
232     allocate 85% to the Division of Wildlife Resources and 15% to the general fund of the city or
233     county government responsible for the justice court.
234          (b) For violation of Title 41, Chapter 22, Off-Highway Vehicles, or Title 73, Chapter
235     18, State Boating Act, the court shall allocate 85% to the Division of Parks and Recreation and
236     15% to the general fund of the city or county government responsible for the justice court.
237          (c) Fines and forfeitures collected by the court for a violation of Section 41-6a-1302 in
238     instances where evidence of the violation was obtained by an automated traffic enforcement
239     safety device as described in Section 41-6a-1310 shall be remitted:
240          (i) 20% to the school district or private school that owns or contracts for the use of the
241     school bus; and
242          (ii) 80% in accordance with Subsection (1).

243          (3) The surcharge established by Section 51-9-401 shall be paid to the state treasurer.
244          (4) Fines, fees, court costs, and forfeitures collected by a municipal or county justice
245     court for a violation of Section 72-7-404 or 72-7-406 regarding maximum weight limitations
246     and overweight permits, minus court costs not to exceed the schedule adopted by the Judicial
247     Council, shall be paid to the state treasurer and distributed to the class B and C road account.
248          (5) Revenue deposited in the class B and C road account pursuant to Subsection (4) is
249     supplemental to the money appropriated under Section 72-2-107 but shall be expended in the
250     same manner as other class B and C road funds.
251          (6) (a) Fines and forfeitures collected by the court for a second or subsequent violation
252     under Section 41-6a-1713 or Subsection 72-7-409(8)(b) shall be remitted:
253          (i) 60% to the state treasurer to be deposited in the Transportation Fund; and
254          (ii) 40% in accordance with Subsection (1).
255          (b) Fines and forfeitures collected by the court for a second or subsequent violation
256     under Subsection 72-7-409(8)(c) shall be remitted:
257          (i) 50% to the state treasurer to be deposited in the Transportation Fund; and
258          (ii) 50% in accordance with Subsection (1).