LEGISLATIVE GENERAL COUNSEL H.B. 56
6 Approved for Filing: J. Rogers 6
6 12-21-23 2:47 PM 6
1 AIRPORT LAW ENFORCEMENT AMENDMENTS
2 2024 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Stephanie Gricius
5 Senate Sponsor: John D. Johnson
6
7 LONG TITLE
8 Committee Note:
9 The Judiciary Interim Committee recommended this bill.
10 Legislative Vote: 13 voting for 0 voting against 4 absent
11 General Description:
12 This bill concerns the provision of law enforcement services by the Department of
13 Public Safety and the Utah Highway Patrol at certain airports.
14 Highlighted Provisions:
15 This bill:
16 < defines terms;
17 < provides that the Department of Public Safety and the Utah Highway Patrol will
18 provide law enforcement services for certain airports under certain conditions;
19 < requires the Utah Highway Patrol, when assuming law enforcement services for an
20 airport, to allow peace officers working at the airport to apply to work for the Utah
21 Highway Patrol;
22 < requires a city of the first class with an airport with greater than 10 million annual
23 passengers to contract with and pay the Department of Public Safety and Utah
24 Highway Patrol for law enforcement services at the airport; and
25 < makes technical and conforming changes.
H.B. 56
26 Money Appropriated in this Bill:
27 None
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28 Other Special Clauses:
29 None
30 Utah Code Sections Affected:
31 AMENDS:
32 53-1-106, as last amended by Laws of Utah 2023, Chapters 328, 447
33 53-8-105, as last amended by Laws of Utah 2023, Chapter 432
34 72-10-207, as last amended by Laws of Utah 2020, Chapter 377
35 72-10-211, as last amended by Laws of Utah 2019, Chapter 431
36 72-10-601, as last amended by Laws of Utah 2011, Chapter 366
37 ENACTS:
38 53-8-108, Utah Code Annotated 1953
39 72-10-605, Utah Code Annotated 1953
40 REPEALS:
41 53-8-101, as enacted by Laws of Utah 1993, Chapter 234
42
43 Be it enacted by the Legislature of the state of Utah:
44 Section 1. Section 53-1-106 is amended to read:
45 53-1-106. Department duties -- Powers.
46 (1) In addition to the responsibilities contained in this title, the department shall:
47 (a) make rules and perform the functions specified in Title 41, Chapter 6a, Traffic
48 Code, including:
49 (i) setting performance standards for towing companies to be used by the department,
50 as required by Section 41-6a-1406; and
51 (ii) advising the Department of Transportation regarding the safe design and operation
52 of school buses, as required by Section 41-6a-1304;
53 (b) make rules to establish and clarify standards pertaining to the curriculum and
54 teaching methods of a motor vehicle accident prevention course under Section 31A-19a-211;
55 (c) aid in enforcement efforts to combat drug trafficking;
56 (d) meet with the Division of Technology Services to formulate contracts, establish
57 priorities, and develop funding mechanisms for dispatch and telecommunications operations;
58 (e) provide assistance to the Crime Victim Reparations Board and the Utah Office for
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59 Victims of Crime in conducting research or monitoring victims' programs, as required by
60 Section 63M-7-505;
61 (f) develop sexual assault exam protocol standards in conjunction with the Utah
62 Hospital Association;
63 (g) engage in emergency planning activities, including preparation of policy and
64 procedure and rulemaking necessary for implementation of the federal Emergency Planning
65 and Community Right to Know Act of 1986, as required by Section 53-2a-702;
66 (h) implement the provisions of Section 53-2a-402, the Emergency Management
67 Assistance Compact;
68 (i) ensure that any training or certification required of a public official or public
69 employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
70 22, State Training and Certification Requirements, if the training or certification is required:
71 (i) under this title;
72 (ii) by the department; or
73 (iii) by an agency or division within the department;
74 (j) employ a law enforcement officer as a public safety liaison to be housed at the State
75 Board of Education who shall work with the State Board of Education to:
76 (i) support training with relevant state agencies for school resource officers as
77 described in Section 53G-8-702;
78 (ii) coordinate the creation of model policies and memorandums of understanding for a
79 local education agency and a local law enforcement agency; and
80 (iii) ensure cooperation between relevant state agencies, a local education agency, and
81 a local law enforcement agency to foster compliance with disciplinary related statutory
82 provisions, including Sections 53E-3-516 and 53G-8-211;
83 (k) provide for the security and protection of public officials, public officials' staff, and
84 the capitol hill complex in accordance with the provisions of this part; [and]
85 (l) fulfill the duties described in Sections 77-36-2.1 and 78B-7-120 related to lethality
86 assessments[.]; and
87 (m) provide law enforcement services as provided in Section 53-8-108.
88 (2) (a) The department shall establish a schedule of fees as required or allowed in this
89 title for services provided by the department.
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90 (b) All fees not established in statute shall be established in accordance with Section
91 63J-1-504.
92 (3) The department may establish or contract for the establishment of an Organ
93 Procurement Donor Registry in accordance with Section 26B-8-319.
94 Section 2. Section 53-8-105 is amended to read:
95 53-8-105. Duties of Highway Patrol.
96 (1) In addition to the duties in this chapter, the Highway Patrol shall:
97 (a) enforce the state laws and rules governing use of the state highways;
98 (b) regulate traffic on all highways and roads of the state;
99 (c) assist the governor in an emergency or at other times at [his] the governor's
100 discretion;
101 (d) in cooperation with federal, state, and local agencies, enforce and assist in the
102 enforcement of all state and federal laws related to the operation of a motor carrier on a
103 highway, including all state and federal rules and regulations;
104 (e) inspect certain vehicles to determine road worthiness and safe condition as
105 provided in Section 41-6a-1630;
106 (f) upon request, assist with any condition of unrest existing or developing on a campus
107 or related facility of an institution of higher education;
108 (g) assist the Alcoholic Beverage Services Commission in an emergency to enforce the
109 state liquor laws;
110 (h) provide law enforcement services for certain airports as provided in Section
111 53-8-108;
112 [(h)] (i) provide security and protection for both houses of the Legislature while in
113 session as the speaker of the House of Representatives and the president of the Senate find
114 necessary;
115 [(i)] (j) enforce the state laws and rules governing use of the capitol hill complex as
116 defined in Section 63C-9-102; and
117 [(j)] (k) carry out the following for the Supreme Court and the Court of Appeals:
118 (i) provide security and protection to those courts when in session in the capital city of
119 the state;
120 (ii) execute orders issued by the courts; and
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121 (iii) carry out duties as directed by the courts.
122 (2) (a) The division and the department shall annually:
123 (i) evaluate the inventory of new and existing state highways, in coordination with
124 relevant local law enforcement agencies, to determine which law enforcement agency is best
125 suited to patrol and enforce state laws and regulate traffic on each state highway; and
126 (ii) before October 1 of each year, report to the Transportation Interim Committee and
127 the Executive Offices and Criminal Justice Appropriations Subcommittee regarding:
128 (A) significant changes to the patrol and enforcement responsibilities resulting from
129 the evaluation described in Subsection (2)(a)(i); and
130 (B) any budget request necessary to accommodate additional patrol and enforcement
131 responsibilities.
132 (b) The division and the department shall, before July 1 of each year, coordinate with
133 the Department of Transportation created in Section 72-1-201 regarding patrol and
134 enforcement responsibilities described in Subsection (2)(a) and incident management services
135 on state highways.
136 Section 3. Section 53-8-108 is enacted to read:
137 53-8-108. Law enforcement services for certain airports.
138 (1) As used in this section, "city" means the same as that term is defined in Section
139 72-10-601.
140 (2) The division and the department shall contract with a city to provide all law
141 enforcement services for an airport described in Section 72-10-605.
142 (3) (a) In accordance with Section 72-10-605, the division and the department may not
143 enter into a contract described under this section unless the contract provides that all costs of
144 the law enforcement services are paid by the city.
145 (b) Costs for law enforcement services include operational and administrative costs as
146 determined by the division and the department.
147 (4) When assuming law enforcement services for an airport under this section, the
148 division shall allow peace officers working at the airport to apply to work in the division.
149 Section 4. Section 72-10-207 is amended to read:
150 72-10-207. Powers of department and political subdivisions over airports --
151 Security unit.
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152 (1) The department, and counties, municipalities, or other political subdivisions of this
153 state that have established or may establish airports or that acquire, lease, or set apart real
154 property for those purposes, may:
155 (a) construct, equip, improve, maintain, and operate the airports or may vest the
156 authority for their construction, equipment, improvement, maintenance, and operation in an
157 officer of the department or in an officer, board, or body of the political subdivision;
158 (b) adopt rules, establish charges, fees, and tolls for the use of airports and landing
159 fields, fix penalties for the violation of the rules, and establish liens to enforce payment of the
160 charges, fees, and tolls, subject to approval by the commission;
161 (c) lease the airports to private parties for operation for a term not exceeding 50 years,
162 as long as the public is not deprived of its rightful, equal, and uniform use of the facility;
163 (d) lease or assign space, area, improvements, equipment, buildings, and facilities on
164 the airports to private parties for operation for a term not exceeding 50 years;
165 (e) lease or assign real property comprising all or any part of the airports to private
166 parties for the construction and operation of hangars, shop buildings, or office buildings for a
167 term not exceeding 50 years, if the projected construction cost of the hangar, shop building, or
168 office building is $100,000 or more; and
169 (f) subject to Section 72-10-605, establish, maintain, operate, and staff a security unit
170 for the purpose of enforcing state and local laws at any airport that is subject to federal airport
171 security regulations.
172 (2) The department or political subdivision shall pay the construction, equipment,
173 improvement, maintenance, and operations expenses of any airport established by them under
174 Subsection (1).
175 (3) (a) [If] Subject to Section 72-10-605, if the department or political subdivision
176 establishes a security unit under Subsection (1)(f), the department head or the governing body
177 of the political subdivision shall appoint persons qualified as peace officers under Title 53,
178 Chapter 13, Peace Officer Classifications, to staff the security unit.
179 (b) A security unit appointed by the department or political subdivision is exempt from
180 civil service regulations.
181 (c) If the department or political subdivision establishes a security unit under
182 Subsection (1)(f), the department head or the governing body of the political subdivision:
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183 (i) may allow peace officers or other workers to assist with airport operations and
184 vehicle and traffic flow; and
185 (ii) may not allow peace officers or other workers to:
186 (A) unreasonably impede or obstruct traffic;
187 (B) create unsafe traffic situations; or
188 (C) intimidate vehicle drivers or airport passengers.
189 Section 5. Section 72-10-211 is amended to read:
190 72-10-211. Police regulations.
191 [The] Except as provided by Section 72-10-605, the department and a county,
192 municipality, or airport authority acquiring, establishing, developing, operating, maintaining, or
193 controlling airports outside the geographical limits of the subdivisions, under this chapter may
194 amend and enforce police regulations for the airports.
195 Section 6. Section 72-10-601 is amended to read:
196 Part 6. Airport Facility and Ground Transportation Security
197 72-10-601. Definitions.
198 As used in this part:
199 (1) "City" means a municipality of the first class, as defined under Section 10-2-301,
200 that:
201 (a) is authorized by statute to operate an airport; and
202 (b) operates an airport with greater than 10 million annual passengers.
203 (2) "Division" means the Criminal Investigation and Technical Services Division of the
204 Department of Public Safety, established in Section 53-10-103.
205 (3) "Ground transportation service" means transporting passengers for hire or as a
206 courtesy in connection with a business over public streets pursuant to a license with the city.
207 (4) (a) "Ground transportation service provider" means a driver who provides ground
208 transportation service where the pickup or drop-off of a passenger occurs at an airport under a
209 city's authority.
210 (b) "Ground transportation service provider" includes:
211 (i) a taxicab driver;
212 (ii) a limousine or luxury car driver;
213 (iii) a bus or minibus driver, except a driver of a transit vehicle, as defined in Section
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214 17B-2a-802;
215 (iv) a courtesy vehicle or hotel vehicle driver;
216 (v) a special transportation vehicle driver who transports persons with a disability; and
217 (vi) a van driver.
218 (5) "Highway Patrol Division" means the Utah Highway Patrol Division created in
219 Section 53-8-103.
220 Section 7. Section 72-10-605 is enacted to read:
221 72-10-605. Certain airport law enforcement services provided by Department of
222 Public Safety and Highway Patrol Division.
223 (1) On or before July 1, 2025, a city shall:
224 (a) require that all law enforcement services for an airport with greater than 10 million
225 annual passengers be performed by the Department of Public Safety and the Highway Patrol
226 Division; and
227 (b) contract with and pay the Department of Public Safety and Highway Patrol
228 Division to provide the law enforcement services described in Subsection (1)(a).
229 (2) (a) The city shall ensure that all costs of the law enforcement services described in
230 Subsection (1) are the responsibility of the city and not the Department of Public Safety or
231 Highway Patrol Division.
232 (b) Costs for law enforcement services include operational and administrative costs as
233 determined by the Department of Public Safety and Highway Patrol Division.
234 (3) In accordance with Section 53-8-108, the Highway Patrol Division shall allow
235 peace officers working at an airport described in Subsection (1) to apply to work in the
236 Highway Patrol Division.
237 Section 8. Repealer.
238 This bill repeals:
239 Section 53-8-101, Short title.
240 Section 9. Effective date.
241 This bill takes effect on May 1, 2024