Chief Sponsor: Don L. Ipson

House Sponsor: Robert M. Spendlove


9     General Description:
10          This bill addresses security and protection for public officials and the state capitol
11     complex.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms;
15          ▸     requires the Office of Executive Protection to provide security to public officials
16     and public officials' staff, with certain qualifications;
17          ▸     requires the Office of Executive Protection to provide security and protection to the
18     capitol hill complex;
19          ▸     requires security training and equipment for members of the Office of Executive
20     Protection and certain individuals who work at the capitol hill complex; and
21          ▸     makes technical and conforming changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None
26     Utah Code Sections Affected:
27     AMENDS:
28          53-1-102, as last amended by Laws of Utah 2019, Chapter 280
29          53-1-106, as last amended by Laws of Utah 2019, Chapter 441

30          53-1-114, as last amended by Laws of Utah 2000, Chapter 146

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 53-1-102 is amended to read:
34          53-1-102. Definitions.
35          (1) As used in this title:
36          (a) "Capitol hill complex" means the same as that term is defined in Section
37     63C-9-102.
38          [(a)] (b) "Commissioner" means the commissioner of public safety appointed under
39     Section 53-1-107.
40          [(b)] (c) "Department" means the Department of Public Safety created in Section
41     53-1-103.
42          (d) "Governor-elect" means an individual whom the board of canvassers determines to
43     be the successful candidate for governor after a general election for the office of governor.
44          [(c)] (e) "Law enforcement agency" means an entity or division of:
45          (i) (A) the federal government, a state, or a political subdivision of a state;
46          (B) a state institution of higher education; or
47          (C) a private institution of higher education, if the entity or division has been certified
48     by the commissioner; and
49          (ii) that exists primarily to prevent and detect crime and enforce criminal laws, statutes,
50     and ordinances.
51          [(d)] (f) "Law enforcement officer" means the same as that term is defined in Section
52     53-13-103.
53          [(e)] (g) "Motor vehicle" means every self-propelled vehicle and every vehicle
54     propelled by electric power obtained from overhead trolley wires, but not operated upon rails,
55     except motorized wheel chairs and vehicles moved solely by human power.
56          [(f)] (h) "Peace officer" means any officer certified in accordance with Title 53,
57     Chapter 13, Peace Officer Classifications.

58          (i) "Public official" means the same as that term is defined in Section 36-11-102.
59          [(g)] (j) "State institution of higher education" means the same as that term is defined
60     in Section 53B-3-102.
61          [(h)] (k) "Vehicle" means every device in, upon, or by which any person or property is
62     or may be transported or drawn upon a highway, excepting devices used exclusively upon
63     stationary rails or tracks.
64          (2) The definitions provided in Subsection (1) are to be applied throughout this title in
65     addition to definitions that are applicable to specific chapters or parts.
66          Section 2. Section 53-1-106 is amended to read:
67          53-1-106. Department duties -- Powers.
68          (1) In addition to the responsibilities contained in this title, the department shall:
69          (a) make rules and perform the functions specified in Title 41, Chapter 6a, Traffic
70     Code, including:
71          (i) setting performance standards for towing companies to be used by the department,
72     as required by Section 41-6a-1406; and
73          (ii) advising the Department of Transportation regarding the safe design and operation
74     of school buses, as required by Section 41-6a-1304;
75          (b) make rules to establish and clarify standards pertaining to the curriculum and
76     teaching methods of a motor vehicle accident prevention course under Section 31A-19a-211;
77          (c) aid in enforcement efforts to combat drug trafficking;
78          (d) meet with the Department of Technology Services to formulate contracts, establish
79     priorities, and develop funding mechanisms for dispatch and telecommunications operations;
80          (e) provide assistance to the Crime Victim Reparations Board and the Utah Office for
81     Victims of Crime in conducting research or monitoring victims' programs, as required by
82     Section 63M-7-505;
83          (f) develop sexual assault exam protocol standards in conjunction with the Utah
84     Hospital Association;
85          (g) engage in emergency planning activities, including preparation of policy and

86     procedure and rulemaking necessary for implementation of the federal Emergency Planning
87     and Community Right to Know Act of 1986, as required by Section 53-2a-702;
88          (h) implement the provisions of Section 53-2a-402, the Emergency Management
89     Assistance Compact;
90          (i) ensure that any training or certification required of a public official or public
91     employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
92     22, State Training and Certification Requirements, if the training or certification is required:
93          (i) under this title;
94          (ii) by the department; or
95          (iii) by an agency or division within the department; [and]
96          (j) employ a law enforcement officer as a public safety liaison to be housed at the State
97     Board of Education who shall work with the State Board of Education to:
98          (i) support training with relevant state agencies for school resource officers as
99     described in Section 53G-8-702;
100          (ii) coordinate the creation of model policies and memorandums of understanding for a
101     local education agency and a local law enforcement agency; and
102          (iii) ensure cooperation between relevant state agencies, a local education agency, and
103     a local law enforcement agency to foster compliance with disciplinary related statutory
104     provisions, including Sections 53E-3-516 and 53G-8-211[.]; and
105          (k) provide for the security and protection of public officials, public officials' staff, and
106     the capitol hill complex in accordance with the provisions of this part.
107          (2) (a) The department shall establish a schedule of fees as required or allowed in this
108     title for services provided by the department.
109          (b) All fees not established in statute shall be established in accordance with Section
110     63J-1-504.
111          (3) The department may establish or contract for the establishment of an Organ
112     Procurement Donor Registry in accordance with Section 26-28-120.
113          Section 3. Section 53-1-114 is amended to read:

114          53-1-114. Office of Executive Protection -- Security and protection for governor
115     and family -- Protection for other officials and staff -- Training -- Equipment.
116          (1) The Office of Executive Protection shall provide all necessary security and
117     protection for:
118          (a) the governor and the governor's immediate family;
119          (b) a governor-elect and the governor-elect's immediate family; and
120          (c) the capitol hill complex.
121          (2) (a) Subject to the [direction] authorization of the commissioner, and only if there is
122     a demonstrable need or a specifically identified threat to the individual to be protected, the
123     Office of Executive Protection may provide protection to:
124          (i) other public officials;
125          (ii) a public official's staff member;
126          (iii) a candidate for an elected state office and the candidate's immediate family during
127     the time beginning on the date of the general election and ending on the date of the meeting of
128     the board of canvassers under Section 20A-4-306; or
129          (iv) an outgoing elected state official and the outgoing elected state official's immediate
130     family.
131          (b) [That protection] (i) Protection provided under Subsection (2)(a) may not extend
132     for more than 15 days without review and approval by [majority vote of the president of the
133     Senate, the speaker of the House, and] the commissioner.
134          [(c) Review and approval by the same majority vote shall be required at the end of each
135     15-day period.]
136          (ii) Review and approval by the commissioner is required at the end of each 15-day
137     period.
138          (c) When protection is provided under Subsection (2)(a), the commissioner shall
139     provide a report to the president of the Senate and the speaker of the House of Representatives
140     at the end of each 15-day period.
141          (d) The requirement for review and approval described in Subsection (2)(b)(ii) and the

142     reporting requirement described in Subsection (2)(c) may be waived or modified by majority
143     vote of the president of the Senate, the speaker of the House of Representatives, and the
144     commissioner.
145          (3) The Office of Executive Protection shall assess, monitor, and address any threat to
146     a public official, a public official's staff member, or any part of the capitol hill complex.
147          (4) The commissioner or the commissioner's designee shall provide weekly public
148     protection training to members of the Office of Executive Protection who are assigned to
149     provide security and protection to an individual described in Subsection (1) or (2).
150          (5) The commissioner or the commissioner's designee shall provide regular training to
151     all members of the Office of Executive Protection on:
152          (a) personal protection;
153          (b) special tactics;
154          (c) facility defense; and
155          (d) any other topic that, in the determination of the commissioner or the
156     commissioner's designee, is relevant to providing for the security and protection of public
157     officials, public officials' staff, and the capitol hill complex.
158          (6) (a) At times that the commissioner determines to be reasonable, the Office of
159     Executive Protection shall provide personal security training for all public officials and public
160     officials' staff members who work at the capitol hill complex.
161          (b) The Office of Executive Protection shall make personal security equipment, that the
162     commissioner determines to be reasonable, available to the public officials and public officials'
163     staff members who work at the capitol hill complex.