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7 LONG TITLE
8 General Description:
9 This bill creates the speed safety camera pilot program, amends restrictions on the use
10 of a speed safety camera for traffic enforcement, and allocates fees collected from speed
11 safety camera citations.
12 Highlighted Provisions:
13 This bill:
14 ▸ defines terms;
15 ▸ creates the speed safety camera pilot program that allows the use of a speed safety
16 camera without a peace officer present in certain circumstances;
17 ▸ describes when law enforcement can use a speed safety camera for speed limit
18 enforcement;
19 ▸ designates the Zero Fatalities initiative as the highway safety initiative of the
20 Department of Transportation;
21 ▸ allocates the revenues from certain fines collected from a speed safety camera to the
22 prosecuting government entity and to the Zero Fatalities initiative in the Department
23 of Transportation; and
24 ▸ makes technical changes.
25 Money Appropriated in this Bill:
26 None
27 Other Special Clauses:
28 This bill provides a special effective date.
29 Utah Code Sections Affected:
30 AMENDS:
31 51-2a-301, as last amended by Laws of Utah 2022, Chapter 89
32 63I-1-241, as last amended by Laws of Utah 2022, Chapters 68, 92, 104, and 110
33 63I-1-278, as last amended by Laws of Utah 2022, Chapters 188, 318, 384, and 423
34 78A-5-110, as last amended by Laws of Utah 2022, Chapter 68
35 78A-7-120, as last amended by Laws of Utah 2022, Chapters 68, 89
36 ENACTS:
37 72-1-217, Utah Code Annotated 1953
38 REPEALS AND REENACTS:
39 41-6a-608, as renumbered and amended by Laws of Utah 2005, Chapter 2
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41 Be it enacted by the Legislature of the state of Utah:
42 Section 1. Section 41-6a-608 is repealed and reenacted to read:
43 41-6a-608. Speed safety camera pilot program -- Restrictions on use.
44 (1) As used in this section:
45 (a) "Construction zone" means a portion of a highway under construction,
46 reconstruction, replacement, and improvement of a highway.
47 (b) "Department of Transportation" means the Department of Transportation created in
48 Section 72-1-201.
49 (c) "Reduced speed school zone" means the same as that term is defined in Section
50 41-6a-303.
51 (d) "Speed safety camera" means a device used primarily for speed limit enforcement
52 consisting of a radar or lidar unit and camera which automatically produces a photograph of a
53 vehicle, with the vehicle's speed, the date, time of day, and location of the violation printed on
54 the photograph.
55 (2) (a) Subject to Subsections (3) and (4), in coordination with an applicable local law
56 enforcement agency and the department, the Department of Transportation shall implement a
57 speed safety camera pilot program for speed limit enforcement on a state road as described in
58 this Subsection (2).
59 (b) The speed safety camera pilot program shall begin on July 1, 2023, and end on June
60 30, 2024.
61 (c) The Department of Transportation, the department, and a local law enforcement
62 agency may only implement a speed safety camera in:
63 (i) up to three reduced speed school zones with each zone having up to two speed
64 safety cameras, one for each direction of traffic; and
65 (ii) up to three construction zones with each zone having:
66 (A) if the construction zone is on a freeway as defined in Section 41-6a-102, up to two
67 speed safety cameras per freeway entrance, one for each direction of traffic; or
68 (B) if the construction zone is not on a freeway as defined in Section 41-6a-102, up to
69 two speed safety cameras, one for each direction of traffic.
70 (d) In accordance with Subsection (2)(c), the total maximum number of speed safety
71 camera locations the Department of Transportation, the department, and local law enforcement
72 agencies can collectively employ throughout the state at one time is six locations, with each
73 location having up to two speed safety cameras, one for each direction of traffic.
74 (e) (i) The Department of Transportation shall:
75 (A) install the necessary signs described in Subsection (3)(a);
76 (B) enter into an agreement or contract to obtain the speed safety camera from a vendor
77 as described in Subsection (6);
78 (C) manage the use and maintenance of a speed safety camera and signs;
79 (D) collect and send, or ensure the speed safety camera vendor collects and sends,
80 necessary data captured by the speed safety camera to the applicable local law enforcement
81 agency or the department for the enforcing agency to send a citation or warning as described in
82 Subsection (5);
83 (E) coordinate with the department and an applicable local law enforcement agency for
84 implementation of the speed safety camera pilot program including placement location of a
85 speed safety camera; and
86 (F) determine the placement location for each speed safety camera in consultation with
87 the local law enforcement agency or the department.
88 (ii) The department shall:
89 (A) consult with the Department of Transportation for the Department of
90 Transportation to enter into a contract to purchase, lease, or rent a speed safety camera from a
91 vendor;
92 (B) coordinate with the Department of Transportation to receive the captured data
93 described in Subsection (2)(e)(i)(D);
94 (C) search the department's database of registered vehicles based on the photograph of
95 the violating driver's vehicle's license plate; and
96 (D) send the owner of the vehicle described in Subsection (2)(e)(ii)(C) the warning or
97 citation described in Subsection (5).
98 (iii) A local highway authority that agrees to the placement of a speed safety camera in
99 a reduced speed school zone within that local highway authority's jurisdiction shall ensure the
100 local law enforcement agency in that jurisdiction coordinates with the Department of
101 Transportation for the placement, use, maintenance, or removal of the speed safety camera.
102 (3) Subject to Subsection (4), the department or a local law enforcement agency may
103 not use a speed safety camera in the areas described in Subsection (2)(c), unless:
104 (a) a prominent sign is posted on the highway providing notice to a motorist that a
105 speed safety camera is in use;
106 (b) the speed safety camera is installed and operated in a manner consistent with the
107 vendor's specifications;
108 (c) use of a speed safety camera by a local highway authority and enforcement by the
109 local law enforcement agency is approved by the local highway authority's governing body; and
110 (d) the issuance of a citation is accompanied by the photograph produced by a speed
111 safety camera.
112 (4) (a) Except as provided in Subsection (4)(b), the Department of Transportation shall:
113 (i) consult with the department and the relevant local law enforcement agency
114 regarding speed safety camera placement locations using:
115 (A) relevant safety metrics; and
116 (B) factors identifying an area as having the highest potential in preventing loss of life
117 and injury; and
118 (ii) determine the placement of a speed safety camera in the reduced speed school
119 zones and construction zones described in Subsection (2)(c).
120 (b) The Department of Transportation may not have more than two speed safety
121 camera locations in any one county.
122 (5) If an individual commits a moving traffic violation and is caught by a speed safety
123 camera described in Subsection (2), the department or the applicable local law enforcement
124 agency shall:
125 (a) provide one warning per vehicle per calendar year upon the vehicle owner's first
126 violation in any jurisdiction; and
127 (b) issue a citation to the vehicle owner for the second and subsequent violations with
128 the same vehicle within any jurisdiction until the next calendar year begins.
129 (6) (a) Subject to Subsection (6)(b), the Department of Transportation shall enter into a
130 contract regarding the purchase, lease, or rental of a speed safety camera for use by the
131 department or a local highway authority.
132 (b) The contract described in Subsection (6)(a) may not require any condition for
133 issuing a citation.
134 (c) The Department of Transportation shall use existing departmental funds to
135 purchase, lease, or rent the speed safety cameras for the pilot program.
136 (7) Upon request, the Department of Transportation, the department, and any local
137 highway authority shall make the following information available for public inspection during
138 regular office hours:
139 (a) the terms of any contract regarding the purchase, lease, rental, or use of a speed
140 safety camera;
141 (b) the total fine revenue generated by using a speed safety camera;
142 (c) the number of citations issued by the use of a speed safety camera; and
143 (d) the amount paid to the vendor providing the speed safety camera unit.
144 (8) On or before October 1, 2024, the Department of Transportation and the
145 department shall provide a report to the Transportation Interim Committee that summarizes:
146 (a) the effectiveness of speed safety camera enforcement in the selected reduced speed
147 school zones and construction zones;
148 (b) if available, the average speed of vehicles driving through the reduced speed school
149 zones and construction zones before and after implementation of the pilot program;
150 (c) if available, the crash rates before and after implementation; and
151 (d) other relevant data.
152 (9) A moving traffic violation enforced through the use of a speed safety camera is not
153 a reportable violation as defined under Section 53-3-102, and the Driver License Division
154 created in Section 53-3-103 may not assess points under Section 53-3-221 against the driving
155 record of a person for the violation.
156 (10) Notwithstanding Subsections (2) through (4), the restrictions on the use of a speed
157 safety camera do not apply when the information gathered is used for highway safety research
158 or to issue warning citations not involving a fine, court appearance, or an individual's driving
159 record.
160 Section 2. Section 51-2a-301 is amended to read:
161 51-2a-301. State auditor responsibilities.
162 (1) Except for political subdivisions that do not receive or expend public funds, the
163 state auditor shall adopt guidelines, qualifications criteria, and procurement procedures for use
164 in the procurement of audit services for all entities that are required by Section 51-2a-201 to
165 cause an accounting report to be made.
166 (2) The state auditor shall follow the notice, hearing, and publication requirements of
167 Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
168 (3) The state auditor shall:
169 (a) review the accounting report submitted to the state auditor under Section
170 51-2a-201; and
171 (b) if necessary, conduct additional inquiries or examinations of financial statements of
172 the entity submitting that information.
173 (4) The governing board of each entity required by Section 51-2a-201 to submit an
174 accounting report to the state auditor's office shall comply with the guidelines, criteria, and
175 procedures established by the state auditor.
176 (5) Each fifth year, the state auditor shall:
177 (a) review the dollar criteria established in Section 51-2a-201 to determine if they need
178 to be increased or decreased; and
179 (b) if the state auditor determines that they need to be increased or decreased, notify the
180 Legislature of that need.
181 (6) (a) The state auditor may require a higher level of accounting report than is required
182 under Section 51-2a-201.
183 (b) The state auditor shall:
184 (i) develop criteria under which a higher level of accounting report may be required;
185 and
186 (ii) provide copies of those criteria to entities required to analyze and report under
187 Section 51-2a-201.
188 (7) This section does not apply to a nonprofit corporation that submits an accounting
189 report under Section 51-2a-201.5.
190 (8) The state auditor shall adopt a policy to monitor compliance with Subsection
191 [
192 Section 3. Section 63I-1-241 is amended to read:
193 63I-1-241. Repeal dates: Title 41.
194 (1) Subsection 41-1a-1201(9), related to the Spinal Cord and Brain Injury
195 Rehabilitation Fund, is repealed January 1, 2025.
196 (2) Section 41-3-106, which creates an advisory board related to motor vehicle
197 business regulation, is repealed July 1, 2024.
198 (3) The following subsections addressing lane filtering are repealed on July 1, 2027:
199 (a) Subsection 41-6a-102(31) that defines "lane filtering";
200 (b) Subsection 41-6a-704(5); and
201 (c) Subsection 41-6a-710(1)(c).
202 (4) Section 41-6a-608, related to the speed safety camera pilot program, is repealed
203 July 1, 2025.
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205 Rehabilitation Fund, is repealed January 1, 2025.
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207 council that includes in the advisory council's duties addressing off-highway vehicle issues, are
208 repealed July 1, 2027.
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210 Rehabilitation Fund, is repealed January 1, 2025.
211 Section 4. Section 63I-1-278 is amended to read:
212 63I-1-278. Repeal dates: Title 78A and Title 78B.
213 (1) Subsections 78A-2-301(4) and 78A-2-301.5(12), regarding the suspension of filing
214 fees for petitions for expungement, are repealed on July 1, 2023.
215 (2) Section 78B-3-421, regarding medical malpractice arbitration agreements, is
216 repealed July 1, 2029.
217 (3) Subsection 78A-5-110(7), regarding fines and forfeitures collected as part of the
218 speed safety camera pilot program, is repealed on July 1, 2025.
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220 a domestic violence offense from the justice court to the district court, is repealed on July 1,
221 2024.
222 (5) Subsection 78A-7-120(7), regarding fines and forfeitures collected as part of the
223 speed safety camera pilot program, is repealed on July 1, 2025.
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225 employee convicted of an offense, is repealed on July 1, 2025.
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227 July 1, 2026.
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229 Support Guidelines Advisory Committee, is repealed July 1, 2026.
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231 Pilot Program, is repealed December 31, 2024.
232 Section 5. Section 72-1-217 is enacted to read:
233 72-1-217. Zero Fatalities initiative.
234 (1) The "Zero Fatalities" initiative is designated as the highway safety initiative of the
235 department in the state.
236 (2) The department shall develop or maintain the policies related to the Zero Fatalities
237 initiative that promote safety on highways for pedestrians and vehicle passengers, mitigate
238 vehicle crash severity, and reduce the number of lives lost in this state.
239 Section 6. Section 78A-5-110 is amended to read:
240 78A-5-110. Allocation of district court fees and forfeitures.
241 (1) Except as provided in this section, district court fines and forfeitures collected for
242 violation of state statutes shall be paid to the state treasurer.
243 (2) Fines and forfeitures collected by the court for violation of a state statute or county
244 or municipal ordinance constituting a misdemeanor or an infraction shall be remitted 1/2 to the
245 state treasurer and 1/2 to the treasurer of the state or local governmental entity which
246 prosecutes or which would prosecute the violation.
247 (3) (a) Fines and forfeitures collected for violations of Title 23, Wildlife Resources
248 Code of Utah, Title 41, Chapter 22, Off-highway Vehicles, or Title 73, Chapter 18, State
249 Boating Act, shall be paid to the state treasurer.
250 (b) For violations of Title 23, Wildlife Resources Code of Utah, the state treasurer shall
251 allocate 85% to the Division of Wildlife Resources and 15% to the General Fund.
252 (c) For violations of Title 41, Chapter 22, Off-highway Vehicles, or Title 73, Chapter
253 18, State Boating Act, the state treasurer shall allocate 85% to the Division of Outdoor
254 Recreation and 15% to the General Fund.
255 (4) (a) The state treasurer shall allocate fines and forfeitures collected for a violation of
256 Section 72-7-404 or 72-7-406, less fees established by the Judicial Council, to the Department
257 of Transportation for use on class B and class C roads.
258 (b) Fees established by the Judicial Council shall be deposited in the state General
259 Fund.
260 (c) Money allocated for class B and class C roads is supplemental to the money
261 appropriated under Section 72-2-107 but shall be expended in the same manner as other class B
262 and class C road funds.
263 (5) (a) Fines and forfeitures collected by the court for a second or subsequent violation
264 under Section 41-6a-1713 or Subsection 72-7-409(6)(c) shall be remitted:
265 (i) 60% to the state treasurer to be deposited into the Transportation Fund; and
266 (ii) 40% in accordance with Subsection (2).
267 (b) Fines and forfeitures collected by the court for a second or subsequent violation
268 under Subsection 72-7-409(6)(d) shall be remitted:
269 (i) 50% to the state treasurer to be deposited into the Transportation Fund; and
270 (ii) 50% in accordance with Subsection (2).
271 (6) For fines and forfeitures collected by the court for a violation of Section
272 41-6a-1302 in instances where evidence of the violation was obtained by an automated traffic
273 enforcement safety device as described in Section 41-6a-1310, the court shall allocate 20% to
274 the school district or private school that owns or contracts for the use of the bus, and the state
275 treasurer shall allocate 40% to the treasurer of the state or local governmental entity that
276 prosecutes or that would prosecute the violation, and 40% to the General Fund.
277 (7) For fines and forfeitures collected by the court for a moving traffic violation
278 captured by a speed safety camera as described in Section 41-6a-608, the court shall:
279 (a) if the defendant voluntarily remits the fine under Subsection 77-7-21(1), allocate
280 100% to the Department of Transportation's Zero Fatalities initiative described in Section
281 72-1-217; or
282 (b) in all other instances, allocate:
283 (i) 40% to the treasurer of the state or local government entity responsible for
284 prosecuting the moving traffic violation; and
285 (ii) 60% to the Department of Transportation's Zero Fatalities initiative described in
286 Section 72-1-217.
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288 or otherwise provided for by law shall be paid to the state treasurer.
289 [
290 be paid to the state treasurer.
291 [
292 State Money Management Act.
293 Section 7. Section 78A-7-120 is amended to read:
294 78A-7-120. Disposition of fines.
295 (1) (a) Except as otherwise specified by this section, fines and forfeitures collected by a
296 justice court shall be remitted as follows:
297 (i) 50% to the treasurer of the local government responsible for the court; and
298 (ii) 50% to the treasurer of the local government which prosecutes or which would
299 prosecute the violation.
300 (b) An interlocal agreement created pursuant to Title 11, Chapter 13, Interlocal
301 Cooperation Act, and related to justice courts may alter the ratio described in Subsection (1)(a)
302 if the parties agree.
303 (2) (a) For violation of Title 23, Wildlife Resources Code of Utah, the court shall
304 allocate 85% to the Division of Wildlife Resources and 15% to the general fund of the local
305 government responsible for the justice court.
306 (b) For violation of Title 41, Chapter 22, Off-highway Vehicles, or Title 73, Chapter
307 18, State Boating Act, the court shall allocate 85% to the Division of Outdoor Recreation and
308 15% to the general fund of the local government responsible for the justice court.
309 (c) Fines and forfeitures collected by the court for a violation of Section 41-6a-1302 in
310 instances where evidence of the violation was obtained by an automated traffic enforcement
311 safety device as described in Section 41-6a-1310 shall be remitted:
312 (i) 20% to the school district or private school that owns or contracts for the use of the
313 school bus; and
314 (ii) 80% in accordance with Subsection (1).
315 (3) The surcharge established by Section 51-9-401 shall be paid to the state treasurer
316 and deposited into the General Fund.
317 (4) Fines, fees, court costs, and forfeitures collected by a municipal or county justice
318 court for a violation of Section 72-7-404 or 72-7-406 regarding maximum weight limitations
319 and overweight permits, minus court costs not to exceed the schedule adopted by the Judicial
320 Council, shall be paid to the state treasurer and allocated to the Department of Transportation
321 for class B and class C roads.
322 (5) Revenue allocated for class B and class C roads pursuant to Subsection (4) or
323 Subsection (7) is supplemental to the money appropriated under Section 72-2-107 but shall be
324 expended in the same manner as other class B and class C road funds.
325 (6) (a) Fines and forfeitures collected by the court for a second or subsequent violation
326 under Section 41-6a-1713 or Subsection 72-7-409(6)(c) shall be remitted:
327 (i) 60% to the state treasurer to be deposited into the Transportation Fund; and
328 (ii) 40% in accordance with Subsection (1).
329 (b) Fines and forfeitures collected by the court for a second or subsequent violation
330 under Subsection 72-7-409(6)(d) shall be remitted:
331 (i) 50% to the state treasurer to be deposited into the Transportation Fund; and
332 (ii) 50% in accordance with Subsection (1).
333 (7) For fines and forfeitures collected by the court for a moving traffic violation
334 captured by a speed safety camera as described in Section 41-6a-608, the court shall:
335 (a) if the defendant voluntarily remits the fine under Subsection 77-7-21(1), allocate
336 100% to the Department of Transportation's Zero Fatalities initiative described in Section
337 72-1-217; or
338 (b) in all other instances, allocate:
339 (i) 40% to the treasurer of the state or local government entity responsible for
340 prosecuting the moving traffic violation; and
341 (ii) 60% to the Department of Transportation's Zero Fatalities initiative described in
342 Section 72-1-217.
343 [
344 total general fund revenue for a fiscal year.
345 (b) No later than 30 days after the day on which a local government's fiscal year ends, a
346 local government that receives traffic fine revenue shall:
347 (i) for the immediately preceding fiscal year, determine the amount of traffic fine
348 revenue that exceeds the amount described in Subsection [
349 (ii) transfer the amount calculated under Subsection [
350 treasurer to be allocated to the Department of Transportation for class B and class C roads.
351 Section 8. Effective date.
352 This bill takes effect on July 1, 2023.