Senator Jerry W. Stevenson proposes the following substitute bill:


1     
TRAFFIC ENFORCEMENT AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jerry W. Stevenson

5     
House Sponsor: Brett Garner

6     

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
40     

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 Section 41-6a-608 is repealed and reenacted to read: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     [78A-7-120(7).] 78A-7-120(8).
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.
204          [(4)] (5) Subsection 41-6a-1406(6)(c)(iii), related to the Spinal Cord and Brain Injury
205     Rehabilitation Fund, is repealed January 1, 2025.
206          [(5)] (6) Subsections 41-22-2(1) and 41-22-10(1)(a), which authorize an advisory
207     council that includes in the advisory council's duties addressing off-highway vehicle issues, are
208     repealed July 1, 2027.
209          [(6)] (7) Subsection 41-22-8(3), related to the Spinal Cord and Brain Injury
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.
219          [(3)] (4) Subsection 78A-7-106(6), regarding the transfer of a criminal action involving
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.
224          [(4)] (6) Section 78B-4-518, regarding the limitation on employer liability for an
225     employee convicted of an offense, is repealed on July 1, 2025.
226          [(5)] (7) Title 78B, Chapter 6, Part 2, Alternative Dispute Resolution Act, is repealed
227     July 1, 2026.
228          [(6)] (8) Title 78B, Chapter 12, Part 4, Advisory Committee, which creates the Child
229     Support Guidelines Advisory Committee, is repealed July 1, 2026.
230          [(7)] (9) Section 78B-22-805, regarding the Interdisciplinary Parental Representation
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.
287          [(7)] (8) Fines and forfeitures collected for any violations not specified in this chapter
288     or otherwise provided for by law shall be paid to the state treasurer.
289          [(8)] (9) Fees collected in connection with civil actions filed in the district court shall
290     be paid to the state treasurer.
291          [(9)] (10) The court shall remit money collected in accordance with Title 51, Chapter 7,
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          [(7)] (8) (a) Revenue from traffic fines may not exceed 25% of a local government's
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 [(7)(a)] (8)(a); and
349          (ii) transfer the amount calculated under Subsection [(7)(b)(i)] (8)(b)(i) to the state
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.