This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Tue, Mar 7, 2017 at 11:12 AM by lpoole.
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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
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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:
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109 offense; and
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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
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140a traffic
141 enforcement safety device is subject to Title 63G, Chapter 2, Government Records Access and
142 Management Act.
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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.
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158 shall allocate 85% to the Division of Wildlife Resources and 15% to the General Fund.
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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.
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183 or otherwise provided for by law shall be paid to the state treasurer.
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185 be paid to the state treasurer.
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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 [
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.
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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).