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H.B. 342
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PROHIBITION OF CITATION QUOTAS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: David Ure
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AN ACT RELATING TO PUBLIC SAFETY AND LAW ENFORCEMENT; PROHIBITING
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STATE AND LOCAL GOVERNMENTAL ENTITIES OR LAW ENFORCEMENT AGENCIES
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FROM IMPOSING TRAFFIC CITATION QUOTAS ON LAW ENFORCEMENT OFFICERS.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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10-3-913, as last amended by Chapter 44, Laws of Utah 1990
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10-3-918, as last amended by Chapter 33, Laws of Utah 1983
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53-1-108, as enacted by Chapter 234, Laws of Utah 1993
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53-8-104, as last amended by Chapters 236 and 396, Laws of Utah 1998
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ENACTS:
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10-1-204, Utah Code Annotated 1953
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17-4-3.5, Utah Code Annotated 1953
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17-22-2.5, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
10-1-204
is enacted to read:
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10-1-204. Traffic violation quotas prohibited.
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A municipality may not by any means require its law enforcement agency or any law
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enforcement officer to issue within any specified time period a specific number of citations,
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complaints, or warning notices for violations of Title 41, Chapter 6, Traffic Rules and Regulations,
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or violations of any local traffic ordinance, including any of the offenses described in Section
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41-6-17
.
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Section 2.
Section
10-3-913
is amended to read:
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10-3-913. Authority of chief of police.
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(1) The chief of police has the same authority as the sheriff within the boundaries of the
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municipality of appointment. The chief has authority to:
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(a) suppress riots, disturbances, and breaches of the peace;
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(b) apprehend all persons violating state laws or city ordinances;
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(c) diligently discharge his duties and enforce all ordinances of the city to preserve the
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peace, good order, and protection of the rights and property of all persons; and
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(d) attend the municipal justice court located within the city when required, provide
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security for the court, and obey its orders and directions.
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(2) This section is not a limitation of a police chief's statewide authority as otherwise
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provided by law.
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(3) A police chief may not require any law enforcement officer to issue within any
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specified time period a specific number of citations, complaints, or warning notices for violations
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of Title 41, Chapter 6, Traffic Rules and Regulations, or violations of any local traffic ordinance,
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including any of the offenses described in Section
41-6-17
.
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Section 3.
Section
10-3-918
is amended to read:
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10-3-918. Chief of police or marshal in third class cities and towns -- Authority,
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duties.
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(1) In cities of the third class and towns, the chief of police or marshal shall exercise and
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perform such duties as may be prescribed by the governing body. The chief of police or marshal
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shall be under the direction, control, and supervision of the mayor. The chief of police or marshal
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may with the consent of the mayor, appoint assistants to the chief of police or marshal.
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(2) The chief of police or marshal may not require any law enforcement officer to issue
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within any specified time period a specific number of citations, complaints, or warning notices for
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violations of Title 41, Chapter 6, Traffic Rules and Regulations, or violations of any local traffic
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ordinance, including any of the offenses described in Section
41-6-17
.
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Section 4.
Section
17-4-3.5
is enacted to read:
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17-4-3.5. Traffic violation quotas prohibited.
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A county may not require its law enforcement agency or any law enforcement officer to
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issue within any specified time period a specific number of citations, complaints, or warning
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notices for violations of Title 41, Chapter 6, Traffic Rules and Regulations, or violations of any
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local traffic ordinance, including any of the offenses described in Section
41-6-17
.
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Section 5.
Section
17-22-2.5
is enacted to read:
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17-22-2.5. Traffic violation quotas prohibited.
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A sheriff may not require any law enforcement officer to issue within any specified time
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period a specific number of citations, complaints, or warning notices for violations of Title 41,
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Chapter 6, Traffic Rules and Regulations, or violations of any local traffic ordinance, including
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any of the offenses described in Section
41-6-17
.
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Section 6.
Section
53-1-108
is amended to read:
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53-1-108. Commissioner's powers and duties.
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(1) In addition to the responsibilities contained in this title, the commissioner shall:
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(a) administer and enforce this title and Title 41, Chapter 12a, Financial Responsibility of
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Motor Vehicle Owners and Operators Act;
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(b) appoint deputies, inspectors, examiners, clerical workers, and other employees as
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required to properly discharge the duties of the department;
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(c) make rules:
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(i) governing emergency use of signal lights on private vehicles;
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(ii) allowing privately owned vehicles to be designated for part-time emergency use, as
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provided in Section
41-6-1.5
; and
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(iii) specifying approved maximum altered heights for vehicles, as required by Section
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41-6-148.31
;
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(d) set standards for safety belt systems, as required by Section
41-6-182
;
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(e) serve as the chairman of the Disaster Emergency Advisory Council, as required by
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Section
63-5-4
; and
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(f) designate vehicles as "authorized emergency vehicles," as required by Section
41-6-1
.
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(2) The commissioner may:
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(a) subject to the approval of the governor, establish division headquarters at various
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places in the state;
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(b) issue to a special agent a certificate of authority to act as a peace officer and revoke that
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authority for cause, as authorized in Section
56-1-21.5
;
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(c) create specialized units within the commissioner's office for conducting internal affairs
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and aircraft operations as necessary to protect the public safety;
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(d) cooperate with any recognized agency in the education of the public in safety and crime
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prevention and participate in public or private partnerships, subject to Subsection (3);
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(e) cooperate in applying for and distributing highway safety program funds; and
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(f) receive and distribute federal funding to further the objectives of highway safety in
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compliance with the Federal Assistance Management Program Act.
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(3) (a) Money may not be expended under Subsection (2)(d) for public safety education
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unless it is specifically appropriated by the Legislature for that purpose.
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(b) Any recognized agency receiving state money for public safety shall file with the
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auditor of the state an itemized statement of all its receipts and expenditures.
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(4) The commissioner may not require any law enforcement officer to issue within any
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specified time period a specific number of citations, complaints, or warning notices for violations
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of Title 41, Chapter 6, Traffic Rules and Regulations, or violations of any local traffic ordinance,
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including any of the offenses described in Section
41-6-17
.
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Section 7.
Section
53-8-104
is amended to read:
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53-8-104. Superintendent's duties.
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(1) The superintendent shall:
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[(1)] (a) divide the state highways into sections for the purpose of patrolling and policing;
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[(2)] (b) employ peace officers known as highway patrol troopers to patrol or police the
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highways within this state and to enforce the state statutes as required;
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[(3)] (c) establish ranks, grades, and positions in the Highway Patrol and designate the
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authority and responsibility in each rank, grade, and position;
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[(4)] (d) establish for the Highway Patrol standards and qualifications and fix prerequisites
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of training, education, and experience for each rank, grade, and position;
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[(5)] (e) appoint personnel to each rank, grade, and position necessary for the efficient
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operation and administration of the Highway Patrol;
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[(6)] (f) devise and administer examinations designed to test applicants for positions with
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the Highway Patrol;
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[(7)] (g) make rules governing the Highway Patrol as appear to the superintendent
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advisable;
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[(8)] (h) discharge, demote, or temporarily suspend any employee in the Highway Patrol
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for cause;
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[(9)] (i) prescribe the uniforms to be worn and the equipment to be used by employees of
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the Highway Patrol;
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[(10)] (j) charge against each employee of the Highway Patrol the value of any property
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of the state lost or destroyed through the carelessness of the employee;
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[(11)] (k) establish, with the approval of the Division of Finance, the terms and conditions
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under which expense allowance should be paid to any employee of the Highway Patrol while away
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from his station;
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[(12)] (l) station the Highway Patrol in localities as he finds advisable for the enforcement
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of the laws of this state;
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[(13)] (m) conduct in conjunction with the State Board of Education in and through all
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state schools an educational campaign in highway safety and work in conjunction with civic
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organizations, churches, local units of government, and other organizations that may function in
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accomplishing the purposes of reducing highway accidents;
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[(14)] (n) provide the initial mandatory uniform items for each new trooper hired after July
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1, 1998; and
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[(15)] (o) determine by rule a basic uniform allowance system which includes the manner
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in which troopers may receive maintenance services and vouchers for basic uniforms and
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administer any funds appropriated by the Legislature to the division for that purpose.
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(2) The superintendent may not require any law enforcement officer to issue within any
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specified time period a specific number of citations, complaints, or warning notices for violations
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of Title 41, Chapter 6, Traffic Rules and Regulations, or violations of any local traffic ordinance,
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including any of the offenses described in Section
41-6-17
.
Legislative Review Note
as of 2-8-00 4:17 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.