1     
TRAFFIC SAFETY AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Wayne A. Harper

5     
House Sponsor: Candice B. Pierucci

6     

7     LONG TITLE
8     Committee Note:
9          The Transportation Interim Committee recommended this bill.
10               Legislative Vote:     13 voting for     0 voting against     5 absent
11     General Description:
12          This bill enacts provisions related to allocation of law and traffic enforcement
13     responsibilities on state highways.
14     Highlighted Provisions:
15          This bill:
16          ▸     requires the Department of Public Safety and Utah Highway Patrol to:
17               •     annually evaluate enforcement responsibilities on state highways;
18               •     coordinate with local law enforcement agencies regarding enforcement
19     responsibilities; and
20               •     report to the Legislature each year with any significant changes in patrol
21     responsibilities that may require budgetary changes;
22          ▸     enacts a provision requiring the Department of Transportation coordinate with the
23     Department of Public Safety and Utah Highway Patrol regarding changes to the
24     state highway system, traffic and law enforcement, and incident management
25     services; and
26          ▸     makes technical changes.
27     Money Appropriated in this Bill:
28          None
29     Other Special Clauses:
30          None
31     Utah Code Sections Affected:
32     AMENDS:
33          53-8-105, as last amended by Laws of Utah 2022, Chapter 447
34          72-1-201, as last amended by Laws of Utah 2022, Chapter 80
35     

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 53-8-105 is amended to read:
38          53-8-105. Duties of Highway Patrol.
39          (1) In addition to the duties in this chapter, the Highway Patrol shall:
40          [(1)] (a) enforce the state laws and rules governing use of the state highways;
41          [(2)] (b) regulate traffic on all highways and roads of the state;
42          [(3)] (c) assist the governor in an emergency or at other times at his discretion;
43          [(4)] (d) in cooperation with federal, state, and local agencies, enforce and assist in the
44     enforcement of all state and federal laws related to the operation of a motor carrier on a
45     highway, including all state and federal rules and regulations;
46          [(5)] (e) inspect certain vehicles to determine road worthiness and safe condition as
47     provided in Section 41-6a-1630;
48          [(6)] (f) upon request, assist with any condition of unrest existing or developing on a
49     campus or related facility of an institution of higher education;
50          [(7)] (g) assist the Alcoholic Beverage Services Commission in an emergency to
51     enforce the state liquor laws;
52          [(8)] (h) provide security and protection for both houses of the Legislature while in
53     session as the speaker of the House of Representatives and the president of the Senate find
54     necessary;
55          [(9)] (i) enforce the state laws and rules governing use of the capitol hill complex as
56     defined in Section 63C-9-102; and
57          [(10)] (j) carry out the following for the Supreme Court and the Court of Appeals:
58          [(a)] (i) provide security and protection to those courts when in session in the capital
59     city of the state;
60          [(b)] (ii) execute orders issued by the courts; and
61          [(c)] (iii) carry out duties as directed by the courts.
62          (2) (a) The division and the department shall annually:
63          (i) evaluate the inventory of new and existing state highways, in coordination with
64     relevant local law enforcement agencies, to determine which law enforcement agency is best
65     suited to patrol and enforce state laws and regulate traffic on each state highway; and
66          (ii) before October 1 of each year, report to the Transportation Interim Committee and
67     the Executive Offices and Criminal Justice Appropriations Subcommittee regarding:
68          (A) significant changes to the patrol and enforcement responsibilities resulting from
69     the evaluation described in Subsection (2)(a)(i); and
70          (B) any budget request necessary to accommodate additional patrol and enforcement
71     responsibilities.
72          (b) The division and the department shall, before July 1 of each year, coordinate with
73     the Department of Transportation created in Section 72-1-201 regarding patrol and
74     enforcement responsibilities described in Subsection (2)(a) and incident management services
75     on state highways.
76          Section 2. Section 72-1-201 is amended to read:
77          72-1-201. Creation of Department of Transportation -- Functions, powers, duties,
78     rights, and responsibilities.
79          (1) There is created the Department of Transportation which shall:
80          (a) have the general responsibility for planning, research, design, construction,
81     maintenance, security, and safety of state transportation systems;
82          (b) provide administration for state transportation systems and programs;
83          (c) implement the transportation policies of the state;
84          (d) plan, develop, construct, and maintain state transportation systems that are safe,
85     reliable, environmentally sensitive, and serve the needs of the traveling public, commerce, and
86     industry;
87          (e) establish standards and procedures regarding the technical details of administration
88     of the state transportation systems as established by statute and administrative rule;
89          (f) advise the governor and the Legislature about state transportation systems needs;
90          (g) coordinate with utility companies for the reasonable, efficient, and cost-effective
91     installation, maintenance, operation, relocation, and upgrade of utilities within state highway
92     rights-of-way;
93          (h) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
94     make rules for the administration of the department, state transportation systems, and
95     programs;
96          (i) jointly with the commission annually report to the Transportation Interim
97     Committee, by November 30 of each year, as to the operation, maintenance, condition,
98     mobility, safety needs, and wildlife and livestock mitigation for state transportation systems;
99          (j) ensure that any training or certification required of a public official or public
100     employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
101     22, State Training and Certification Requirements, if the training or certification is required:
102          (i) under this title;
103          (ii) by the department; or
104          (iii) by an agency or division within the department; [and]
105          (k) study and make recommendations to the Legislature on potential managed lane use
106     and implementation on selected transportation systems within the state[.]; and
107          (l) before July 1 of each year, coordinate with the Utah Highway Patrol Division
108     created in Section 53-8-103 regarding:
109          (i) future highway projects that will add additional capacity to the state transportation
110     system;
111          (ii) potential changes in law enforcement responsibilities due to future highway
112     projects; and
113          (iii) incident management services on state highways.
114          (2) (a) The department shall exercise reasonable care in designing, constructing, and
115     maintaining a state highway in a reasonably safe condition for travel.
116          (b) Nothing in this section shall be construed as:
117          (i) creating a private right of action; or
118          (ii) expanding or changing the department's common law duty as described in
119     Subsection (2)(a) for liability purposes.