reglab/statecodes huggingface dataset:
2023 Utah Code › Title 52 - Public Officers › Chapter 4 - Open and Public Meetings Act › Part 1 - General Provisions › Section 104 - Training.

Effective 5/8/2018
52-4-104.
Training.
(1) The presiding officer of the public body shall ensure that the members of the public body are provided with annual training on the requirements of this chapter.
(2) The presiding officer shall ensure that any training described in Subsection (1) complies with Title 63G, Chapter 22, State Training and Certification Requirements.
Amended by Chapter 200, 2018 General Session
2023 Utah Code › Title 52 - Public Officers › Chapter 4 - Open and Public Meetings Act › Part 2 - Meetings › Section 201 - Meetings open to the public -- Exceptions.

52-4-201.
Meetings open to the public -- Exceptions.
(1) A meeting is open to the public unless closed under Sections 52-4-204, 52-4-205, and 52-4-206.
(2)
(a) A meeting that is open to the public includes a workshop or an executive session of a public body in which a quorum is present, unless closed in accordance with this chapter.
(b) A workshop or an executive session of a public body in which a quorum is present that is held on the same day as a regularly scheduled public meeting of the public body may only be held at the location where the public body is holding the regularly scheduled public meeting unless:
(i) the workshop or executive session is held at the location where the public body holds its regularly scheduled public meetings but, for that day, the regularly scheduled public meeting is being held at different location;
(ii) any of the meetings held on the same day is a site visit or a traveling tour and, in accordance with this chapter, public notice is given;
(iii) the workshop or executive session is an electronic meeting conducted according to the requirements of Section 52-4-207; or
(iv) it is not practicable to conduct the workshop or executive session at the regular location of the public body's open meetings due to an emergency or extraordinary circumstances.
Renumbered and Amended by Chapter 14, 2006 General Session
Amended by Chapter 263, 2006 General Session
2023 Utah Code › Title 52 - Public Officers › Chapter 4 - Open and Public Meetings Act › Part 2 - Meetings › Section 201.3 - Local school boards -- Public comment.

Effective 5/3/2023
52-4-201.3.
Local school boards -- Public comment.
(1) As used in this section, "local school board" means a board elected under Title 20A, Chapter 14, Part 2, Election of Members of Local Boards of Education.
(2)
(a) A local school board holding a meeting that is open to the public under Section 52-4-201 shall allow a reasonable opportunity for the public to provide verbal comments that are germane to the authority of the local school board.
(b) Subsection (2)(a) does not apply to a meeting that is:
(i) a work session; or
(ii) an emergency meeting as described in Subsection 52-4-202(5).
(3) No later than July 1, 2023, a local school board shall adopt a written policy that provides a reasonable opportunity for the public to provide both verbal and written comments in a meeting of the local school board that:
(a) is open to the public; and
(b) is not a meeting described in Subsection (2)(b).
(4) The written policy described in Subsection (3) may limit public verbal and written comments to topics that are germane to the authority of the local school board.
Enacted by Chapter 100, 2023 General Session
2023 Utah Code › Title 52 - Public Officers › Chapter 4 - Open and Public Meetings Act › Part 2 - Meetings › Section 206 - Record of closed meetings.

Effective 3/3/2023
52-4-206.
Record of closed meetings.
(1) Except as provided under Subsection (6), if a public body closes a meeting under Subsection 52-4-205(1), the public body:
(a) shall make a recording of the closed portion of the meeting; and
(b) may keep detailed written minutes that disclose the content of the closed portion of the meeting.
(2) A recording of a closed meeting shall be complete and unedited from the commencement of the closed meeting through adjournment of the closed meeting.
(3) The recording and any minutes of a closed meeting shall include:
(a) the date, time, and place of the meeting;
(b) the names of members present and absent; and
(c) the names of all others present except where the disclosure would infringe on the confidentiality necessary to fulfill the original purpose of closing the meeting.
(4) Minutes or recordings of a closed meeting that are required to be retained permanently shall be maintained in or converted to a format that meets long-term records storage requirements.
(5) A recording, transcript, report, and written minutes of a closed meeting are protected records under Title 63G, Chapter 2, Government Records Access and Management Act, except that the records:
(a) may be disclosed under a court order only as provided under Section 52-4-304; and
(b) shall be disclosed, upon request, to the Office of the Legislative Auditor General under Section 36-12-15.
(6) If a public body closes a meeting exclusively for the purposes described under Subsection 52-4-205(1)(a), (1)(f), or (2):
(a) the person presiding shall sign a sworn statement affirming that the sole purpose for closing the meeting was to discuss the purposes described under Subsection 52-4-205(1)(a),(1)(f), or (2); and
(b) the provisions of Subsection (1) of this section do not apply.
Amended by Chapter 21, 2023 General Session
2023 Utah Code › Title 52 - Public Officers › Chapter 4 - Open and Public Meetings Act › Part 2 - Meetings › Section 208 - Chance or social meetings.

52-4-208.
Chance or social meetings.
(1) This chapter does not apply to any chance meeting or a social meeting.
(2) A chance meeting or social meeting may not be used to circumvent the provisions of this chapter.
Enacted by Chapter 14, 2006 General Session
2023 Utah Code › Title 52 - Public Officers › Chapter 4 - Open and Public Meetings Act › Part 2 - Meetings › Section 210 - Electronic message transmissions.

52-4-210.
Electronic message transmissions.
Nothing in this chapter shall be construed to restrict a member of a public body from transmitting an electronic message to other members of the public body at a time when the public body is not convened in an open meeting.
Enacted by Chapter 25, 2011 General Session
2023 Utah Code › Title 52 - Public Officers › Chapter 4 - Open and Public Meetings Act › Part 3 - Enforcement › Section 301 - Disruption of meetings.

52-4-301.
Disruption of meetings.
This chapter does not prohibit the removal of any person from a meeting, if the person willfully disrupts the meeting to the extent that orderly conduct is seriously compromised.
Enacted by Chapter 14, 2006 General Session
2023 Utah Code › Title 52 - Public Officers › Chapter 4 - Open and Public Meetings Act › Part 3 - Enforcement › Section 302 - Suit to void final action -- Limitation -- Exceptions.

Effective 5/3/2023
52-4-302.
Suit to void final action -- Limitation -- Exceptions.
(1)
(a) Any final action taken in violation of Section 52-4-201, 52-4-202, 52-4-207, or 52-4-209 is voidable by a court of competent jurisdiction.
(b) A court may not void a final action taken by a public body for failure to comply with the posting written notice requirements under Subsection 52-4-202(3)(a) if:
(i) the posting is made for a meeting that is held before April 1, 2009; or
(ii)
(A) the public body otherwise complies with the provisions of Section 52-4-202; and
(B) the failure was a result of unforeseen Internet hosting or communication technology failure.
(2) Except as provided under Subsection (3), a suit to void final action shall be commenced within 90 days after the date of the action.
(3) A suit to void final action concerning the issuance of bonds, notes, or other evidences of indebtedness shall be commenced within 30 days after the date of the action.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 52 - Public Officers › Chapter 4 - Open and Public Meetings Act › Part 3 - Enforcement › Section 303 - Enforcement of chapter -- Suit to compel compliance.

52-4-303.
Enforcement of chapter -- Suit to compel compliance.
(1) The attorney general and county attorneys of the state shall enforce this chapter.
(2) The attorney general shall, on at least a yearly basis, provide notice to all public bodies that are subject to this chapter of any material changes to the requirements for the conduct of meetings under this chapter.
(3) A person denied any right under this chapter may commence suit in a court of competent jurisdiction to:
(a) compel compliance with or enjoin violations of this chapter; or
(b) determine the chapter's applicability to discussions or decisions of a public body.
(4) The court may award reasonable attorney fees and court costs to a successful plaintiff.
Renumbered and Amended by Chapter 14, 2006 General Session
Amended by Chapter 263, 2006 General Session
2023 Utah Code › Title 52 - Public Officers › Chapter 4 - Open and Public Meetings Act › Part 3 - Enforcement › Section 304 - Action challenging closed meeting.

Effective 5/8/2018
52-4-304.
Action challenging closed meeting.
(1) Notwithstanding the procedure established under Subsection 63G-2-202(7), in any action brought under the authority of this chapter to challenge the legality of a closed meeting held by a public body, the court shall:
(a) review the recording or written minutes of the closed meeting in camera; and
(b) decide the legality of the closed meeting.
(2)
(a) If the judge determines that the public body did not violate Section 52-4-204, 52-4-205, or 52-4-206 regarding closed meetings, the judge shall dismiss the case without disclosing or revealing any information from the recording or minutes of the closed meeting.
(b) If the judge determines that the public body violated Section 52-4-204, 52-4-205, or 52-4-206 regarding closed meetings, the judge shall publicly disclose or reveal from the recording or minutes of the closed meeting all information about the portion of the meeting that was illegally closed.
(3) Nothing in this section may be construed to affect the ability of a public body to reclassify a record, as defined in Section 63G-2-103, as provided in Section 63G-2-307.
Amended by Chapter 425, 2018 General Session
2023 Utah Code › Title 52 - Public Officers › Chapter 4 - Open and Public Meetings Act › Part 3 - Enforcement › Section 305 - Criminal penalty for closed meeting violation.

52-4-305.
Criminal penalty for closed meeting violation.
In addition to any other penalty under this chapter, a member of a public body who knowingly or intentionally violates or who knowingly or intentionally abets or advises a violation of any of the closed meeting provisions of this chapter is guilty of a class B misdemeanor.
Enacted by Chapter 263, 2006 General Session
2023 Utah Code › Title 52 - Public Officers › Chapter 6 - Reimbursement of Legal Fees and Costs to Officers and Employees Act › Part 1 - General Provisions › Section 101 - Title.

52-6-101.
Title.
This chapter is known as the "Reimbursement of Legal Fees and Costs to Officers and Employees Act."
Enacted by Chapter 382, 2008 General Session
2023 Utah Code › Title 52 - Public Officers › Chapter 6 - Reimbursement of Legal Fees and Costs to Officers and Employees Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/3/2023
52-6-102.
Definitions.
As used in this act:
(1) "Local attorney" means:
(a) a county attorney or district attorney, as described in Title 17, Chapter 18a, Powers and Duties of County and District Attorney; or
(b) a city attorney under Section 10-3-928.
(2) "Officer or employee" means any individual who at the time of an event giving rise to a claim under this act is or was elected or appointed to or employed by a public entity, whether or not compensated, but does not include an independent contractor.
(3) "Public entity" means the state or any political subdivision of it or any office, department, division, board, agency, commission, council, authority, institution, hospital, school, college, university, or other instrumentality of the state or any such political subdivision.
Amended by Chapter 444, 2023 General Session
2023 Utah Code › Title 52 - Public Officers › Chapter 6 - Reimbursement of Legal Fees and Costs to Officers and Employees Act › Part 2 - Attorney Fees and Court Costs › Section 202 - Payment of reimbursement of attorney fees and court costs.

52-6-202.
Payment of reimbursement of attorney fees and court costs.
(1) A request for reimbursement of attorney fees and court costs shall be filed in the manner provided in Sections 63G-7-902 and 63G-7-903.
(2)
(a) Any reimbursement of attorney fees and court costs filed on behalf of an officer or employee of the state shall be paid from funds appropriated to the department or division that employed the officer or employee at the time of the act or omission that gave rise to the indictment or information.
(b) If those funds are unavailable, the reimbursement shall be paid from the General Fund upon approval by the Board of Examiners and legislative appropriation.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 52 - Public Officers › Chapter 7 - Public Officers' Attorney Fees Act › Part 1 - General Provisions › Section 102 - "Public officer" defined.

52-7-102.
"Public officer" defined.
As used in this chapter:
"Public officer" means a member of the Utah State Senate, a member of the Utah State House of Representatives, the governor, lieutenant governor, state auditor, state treasurer, attorney general, or any justice or judge of a court of record.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 52 - Public Officers › Chapter 7 - Public Officers' Attorney Fees Act › Part 2 - Claims for Attorney Fees › Section 201 - Reimbursement of attorney fees and court costs in Article V lawsuits.

52-7-201.
Reimbursement of attorney fees and court costs in Article V lawsuits.
If any public officer is named as a defendant in a civil suit that alleges a violation of Article V of the Utah Constitution, and that lawsuit is dismissed or results in a judgment in favor of the defendant, the public officer may, by complying with the requirements and procedures of this chapter, submit a claim to the state for reimbursement of the defendant's reasonable attorney fees and court costs necessarily incurred in the defense of that civil suit.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 52 - Public Officers › Chapter 7 - Public Officers' Attorney Fees Act › Part 2 - Claims for Attorney Fees › Section 202 - Procedure for submitting claim -- Representation of certain public officers by named counsel -- Certain claims barred.

52-7-202.
Procedure for submitting claim -- Representation of certain public officers by named counsel -- Certain claims barred.
(1) From and after July 1, 1987, within 30 days after a public officer is served with a copy of the complaint, a public officer named as a defendant in a civil suit that alleges a violation of Article V of the Utah Constitution shall provide the Legislative Management Committee and the legislative general counsel with the following information:
(a) a brief summary of the claims against him;
(b) the name of the attorney or law firm that will represent him;
(c) the estimated hourly fee that the attorney or law firm will charge for representing the public officer; and
(d) an estimate of the hours that the attorney projects are necessary to resolve the lawsuit.
(2)
(a) Unless prohibited by the rules governing the conduct of attorneys adopted by the Utah Supreme Court under the authority of Article VIII, Sec. 4 of the Utah Constitution, the Office of the Attorney General, the Office of Legislative Research and General Counsel, or the general counsel for the judicial branch shall represent a public officer named as a defendant in a civil suit that alleges a violation of Article V of the Utah Constitution if the Utah Constitution, statutes, or rules require that such representation be provided.
(b) If a public officer is represented by the Office of the Attorney General, the Office of Legislative Research and General Counsel, or the general counsel of the judicial branch under Subsection (2)(a), the public officer may not present a claim for attorney fees or court costs under this chapter.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 52 - Public Officers › Chapter 7 - Public Officers' Attorney Fees Act › Part 2 - Claims for Attorney Fees › Section 203 - No review by Board of Examiners.

52-7-203.
No review by Board of Examiners.
The Board of Examiners may not review any claims submitted under the authority of this chapter.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 52 - Public Officers › Chapter 7 - Public Officers' Attorney Fees Act › Part 2 - Claims for Attorney Fees › Section 204 - Claim and bill given to legislative fiscal analyst and Office of Legislative Research and General Counsel -- Independent review available -- Private sources of funds to be considered -- Power of Legislature to adjust or refuse claim.

52-7-204.
Claim and bill given to legislative fiscal analyst and Office of Legislative Research and General Counsel -- Independent review available -- Private sources of funds to be considered -- Power of Legislature to adjust or refuse claim.
(1) A public officer who meets the requirements of this chapter shall submit the public officer's claim for payment of attorney fees and court costs, and a copy of the bills that the public officer received from the attorney who represented him, to both the Office of the Legislative Fiscal Analyst and the Office of Legislative Research and General Counsel.
(2) Upon receipt of a claim from the public officer, the legislative fiscal analyst or the legislative general counsel may, at the direction of the Legislative Management Committee, submit the claim for attorney fees to an independent entity to review the attorney fees and to recommend an appropriate fee.
(3) In considering whether or not to pay the claim, the Legislature may consider whether or not there are other sources, including private sources, to pay the claim.
(4) The Legislature may pay the claim in full, adjust the claim, or refuse to pay the claim.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 52 - Public Officers › Chapter 7 - Public Officers' Attorney Fees Act › Part 3 - Application › Section 301 - Retrospective application of chapter.

52-7-301.
Retrospective application of chapter.
This chapter applies to any claim arising prior to the effective date of this chapter if that claim is filed with the Legislature within two years after the lawsuit was filed.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 52 - Public Officers › Chapter 8 - Reports and Notices › Part 1 - General Provisions › Section 102 - Definitions.

Effective 2/27/2023
52-8-102.
Definitions.
As used in this chapter:
(1) "Attribution" means to be responsible for the truth, correctness, and accuracy of a report.
(2) "Chief executive officer" means:
(a) the governor, for the state;
(b) the chair of the county commission or the county executive, for a county; and
(c) the mayor, for a municipality, or if governed under a council-manager form of government, the chair of the council.
(3) "Government entity" includes the state, its agencies and institutions, each county, municipality, school district, special district, and special service district in Utah.
(4) "Promotional literature" means reports whose primary or secondary purpose is to provide nonresidents with information about the government entity that produced the report.
(5)
(a) "Report" means each account, statement, record of proceedings, summary of activities, and other written or printed document required by statute that is prepared or produced by a government entity that is distributed to the public.
(b) "Report" does not mean written or printed documents whose primary purpose is to provide biographical information about government officials.
Amended by Chapter 16, 2023 General Session
2023 Utah Code › Title 52 - Public Officers › Chapter 8 - Reports and Notices › Part 2 - Penalties › Section 201 - Prohibition.

52-8-201.
Prohibition.
(1) Except as provided in Subsection (2), a government entity may not include, as part of any report, the photograph or likeness of any elected official.
(2) A report may contain the photograph or likeness of the chief executive officer of a government entity if the report is promotional literature.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 52 - Public Officers › Chapter 8 - Reports and Notices › Part 2 - Penalties › Section 202 - Penalties.

52-8-202.
Penalties.
If an elected official's photograph or likeness appears on any report in violation of this section that was prepared under the authority or at the direction of the elected official, that elected official is personally liable for the cost of preparing and distributing the report.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 1 - Administration › Part 1 - Department Administration › Section 102 - Definitions.

Effective 5/5/2021
53-1-102.
Definitions.
(1) As used in this title:
(a) "Capitol hill complex" means the same as that term is defined in Section 63C-9-102.
(b) "Commissioner" means the commissioner of public safety appointed under Section 53-1-107.
(c) "Department" means the Department of Public Safety created in Section 53-1-103.
(d) "Governor-elect" means an individual whom the board of canvassers determines to be the successful candidate for governor after a general election for the office of governor.
(e) "Law enforcement agency" means an entity or division of:
(i)
(A) the federal government, a state, or a political subdivision of a state;
(B) a state institution of higher education; or
(C) a private institution of higher education, if the entity or division is certified by the commissioner under Title 53, Chapter 19, Certification of Private Law Enforcement Agency; and
(ii) that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances.
(f) "Law enforcement officer" means the same as that term is defined in Section 53-13-103.
(g) "Motor vehicle" means every self-propelled vehicle and every vehicle propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except motorized wheel chairs and vehicles moved solely by human power.
(h) "Peace officer" means any officer certified in accordance with Title 53, Chapter 13, Peace Officer Classifications.
(i) "Public official" means the same as that term is defined in Section 36-11-102.
(j) "State institution of higher education" means the same as that term is defined in Section 53B-3-102.
(k) "Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.
(2) The definitions provided in Subsection (1) are to be applied throughout this title in addition to definitions that are applicable to specific chapters or parts.
Amended by Chapter 349, 2021 General Session
Amended by Chapter 360, 2021 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 1 - Administration › Part 1 - Department Administration › Section 103 - Creation of department.

53-1-103.
Creation of department.
(1) There is created within state government the Department of Public Safety.
(2) The department has all of the policymaking functions, regulatory and enforcement powers, rights, duties, and responsibilities specified in this title.
Renumbered and Amended by Chapter 234, 1993 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 1 - Administration › Part 1 - Department Administration › Section 104 - Boards, bureaus, councils, divisions, and offices.

Affected by 63I-2-253 on 7/1/2024
Effective 5/3/2023
Superseded 7/1/2024
53-1-104.
Boards, bureaus, councils, divisions, and offices.
(1) The following are the policymaking boards within the department:
(a) the Driver License Medical Advisory Board, created in Section 53-3-303;
(b) the Concealed Firearm Review Board, created in Section 53-5-703;
(c) the Utah Fire Prevention Board, created in Section 53-7-203;
(d) the Liquified Petroleum Gas Board, created in Section 53-7-304; and
(e) the Private Investigator Hearing and Licensure Board, created in Section 53-9-104.
(2) The Peace Officer Standards and Training Council, created in Section 53-6-106, is within the department.
(3) The following are the divisions within the department:
(a) the Administrative Services Division, created in Section 53-1-203;
(b) the Management Information Services Division, created in Section 53-1-303;
(c) the Division of Emergency Management, created in Section 53-2a-103;
(d) the Driver License Division, created in Section 53-3-103;
(e) the Criminal Investigations and Technical Services Division, created in Section 53-10-103;
(f) the Peace Officer Standards and Training Division, created in Section 53-6-103;
(g) the State Fire Marshal Division, created in Section 53-7-103; and
(h) the Utah Highway Patrol Division, created in Section 53-8-103.
(4) The Office of Executive Protection is created in Section 53-1-112.
(5) The following are the bureaus within the department:
(a) the Bureau of Criminal Identification, created in Section 53-10-201;
(b) the State Bureau of Investigation, created in Section 53-10-301;
(c) the Bureau of Forensic Services, created in Section 53-10-401; and
(d) the Bureau of Communications, created in Section 53-10-501.
Amended by Chapter 40, 2023 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 1 - Administration › Part 1 - Department Administration › Section 104 - Boards, bureaus, councils, divisions, and offices.

Affected by 63I-2-253 on 7/1/2024
Effective 7/1/2024
53-1-104.
Boards, bureaus, councils, divisions, and offices.
(1) The following are the policymaking boards and committees within the department:
(a) the State Emergency Medical Services Committee created in Section 53-2d-104;
(b) the Air Ambulance Committee created in Section 53-2d-107;
(c) the Driver License Medical Advisory Board, created in Section 53-3-303;
(d) the Concealed Firearm Review Board, created in Section 53-5-703;
(e) the Utah Fire Prevention Board, created in Section 53-7-203;
(f) the Liquified Petroleum Gas Board, created in Section 53-7-304; and
(g) the Private Investigator Hearing and Licensure Board, created in Section 53-9-104.
(2) The Peace Officer Standards and Training Council, created in Section 53-6-106, is within the department.
(3) The following are the divisions within the department:
(a) the Administrative Services Division, created in Section 53-1-203;
(b) the Management Information Services Division, created in Section 53-1-303;
(c) the Division of Emergency Management, created in Section 53-2a-103;
(d) the Driver License Division, created in Section 53-3-103;
(e) the Criminal Investigations and Technical Services Division, created in Section 53-10-103;
(f) the Peace Officer Standards and Training Division, created in Section 53-6-103;
(g) the State Fire Marshal Division, created in Section 53-7-103; and
(h) the Utah Highway Patrol Division, created in Section 53-8-103.
(4) The Office of Executive Protection is created in Section 53-1-112.
(5) The following are the bureaus within the department:
(a) the Bureau of Emergency Medical Services, created in Section 53-2d-102;
(b) the Bureau of Criminal Identification, created in Section 53-10-201;
(c) the State Bureau of Investigation, created in Section 53-10-301;
(d) the Bureau of Forensic Services, created in Section 53-10-401; and
(e) the Bureau of Communications, created in Section 53-10-501.
Amended by Chapter 40, 2023 General Session
Amended by Chapter 310, 2023 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 1 - Administration › Part 1 - Department Administration › Section 105 - Rulemaking -- Adjudicative proceedings -- Meetings.

53-1-105.
Rulemaking -- Adjudicative proceedings -- Meetings.
The commissioner and the department and its boards, councils, divisions, and offices shall comply with the procedures and requirements of:
(1)Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in their rulemaking;
(2)Title 63G, Chapter 4, Administrative Procedures Act, in their adjudicative proceedings; and
(3)Title 52, Chapter 4, Open and Public Meetings Act, in their meetings.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 1 - Administration › Part 1 - Department Administration › Section 106.2 - Towing dispatch program.

Effective 5/3/2023
53-1-106.2.
Towing dispatch program.
(1) An interlocal agency established pursuant to Title 11, Chapter 13, Interlocal Cooperation Act, a special service district established pursuant to Title 17D, Chapter 1, Special Service District Act, a political subdivision, or a state agency may enter into a contract with a vendor that provides a product or technology capable of increasing efficiency, effectiveness, and transparency in the dispatching of towing providers and management of towing rotations.
(2) The product or technology described in Subsection (1) shall comply with the following requirements and capabilities:
(a) decreasing delays associated with requesting and dispatching a tow truck motor carrier from an established tow rotation;
(b) increasing information, transparency, and data collection associated with tow rotation operations, including dispatching, response time, completion, clearance, and storage; and
(c) increasing responder and traffic safety by reducing secondary crashes, responder time on scene, and the impacts of traffic accidents on traffic flow and safety.
(3) A vendor selected to provide towing dispatch management services as described in this section may not also provide towing, storage, impounding, or other services related to the operation of a towing provider.
Repealed and Re-enacted by Chapter 219, 2023 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 1 - Administration › Part 1 - Department Administration › Section 106.5 - Utah Medical Cannabis Act -- Department duties.

Effective 12/3/2018
53-1-106.5.
Utah Medical Cannabis Act -- Department duties.
In addition to the duties described in Section 53-1-106, the department shall:
(1) provide standards for training peace officers and law enforcement agencies in the use of the state electronic verification system; and
(2) collaborate with the Department of Health and the Department of Agriculture and Food to provide standards for training peace officers and law enforcement agencies in medical cannabis law.
Amended by Chapter 1, 2018 Special Session 3
2023 Utah Code › Title 53 - Public Safety Code › Chapter 1 - Administration › Part 1 - Department Administration › Section 107 - Commissioner of public safety -- Appointment -- Qualifications -- Salary.

Effective 5/12/2020
53-1-107.
Commissioner of public safety -- Appointment -- Qualifications -- Salary.
(1) The chief executive officer of the department is the commissioner.
(2)
(a) Every fourth year after the year 1989, the governor shall appoint a commissioner with the advice and consent of the Senate.
(b) The commissioner shall serve for a period of four years from July 1 of the year of the commissioner's appointment.
(3) The commissioner shall:
(a) be an individual of recognized executive and administrative capacity;
(b) be selected solely with regard to the commissioner's qualifications and fitness to discharge the duties of the commissioner's office;
(c) be of high moral character;
(d) be of good standing in the community in which the commissioner lives; and
(e) have been a resident of this state for a period of at least five years immediately prior to appointment.
(4) The commissioner shall devote full time to the duties of the office.
(5) The governor shall establish the commissioner's salary within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
Amended by Chapter 352, 2020 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 1 - Administration › Part 1 - Department Administration › Section 108 - Commissioner's powers and duties.

Effective 5/10/2016
53-1-108.
Commissioner's powers and duties.
(1) In addition to the responsibilities contained in this title, the commissioner shall:
(a) administer and enforce this title and Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and Operators Act;
(b) appoint deputies, inspectors, examiners, clerical workers, and other employees as required to properly discharge the duties of the department;
(c) make rules:
(i) governing emergency use of signal lights on private vehicles; and
(ii) allowing privately owned vehicles to be designated for part-time emergency use, as provided in Section 41-6a-310;
(d) set standards for safety belt systems, as required by Section 41-6a-1803;
(e) serve as the cochair of the Emergency Management Administration Council, as required by Section 53-2a-105;
(f) designate vehicles as "authorized emergency vehicles," as required by Section 41-6a-102; and
(g) on or before January 1, 2003, adopt a written policy that prohibits the stopping, detention, or search of any person when the action is solely motivated by considerations of race, color, ethnicity, age, or gender.
(2) The commissioner may:
(a) subject to the approval of the governor, establish division headquarters at various places in the state;
(b) issue to a special agent a certificate of authority to act as a peace officer and revoke that authority for cause, as authorized in Section 56-1-21.5;
(c) create specialized units within the commissioner's office for conducting internal affairs and aircraft operations as necessary to protect the public safety;
(d) cooperate with any recognized agency in the education of the public in safety and crime prevention and participate in public or private partnerships, subject to Subsection (3);
(e) cooperate in applying for and distributing highway safety program funds;
(f) receive and distribute federal funding to further the objectives of highway safety in compliance with Title 63J, Chapter 5, Federal Funds Procedures Act; and
(g) authorize off-duty personal use of Department of Public Safety emergency vehicles.
(3)
(a) Money may not be expended under Subsection (2)(d) for public safety education unless it is specifically appropriated by the Legislature for that purpose.
(b) Any recognized agency receiving state money for public safety shall file with the auditor of the state an itemized statement of all its receipts and expenditures.
Amended by Chapter 302, 2016 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 1 - Administration › Part 1 - Department Administration › Section 109 - Security for capitol complex -- Traffic and parking rules enforcement for division -- Security personnel as law enforcement officers.

53-1-109.
Security for capitol complex -- Traffic and parking rules enforcement for division -- Security personnel as law enforcement officers.
(1) As used in this section, "capitol hill facilities" and "capitol hill grounds" have the same meaning as provided in Section 63C-9-102.
(2)
(a) The commissioner, under the direction of the State Capitol Preservation Board, shall:
(i) provide for the security of capitol hill facilities and capitol hill grounds; and
(ii) enforce traffic provisions under Title 41, Chapter 6a, Traffic Code, and parking rules, as adopted by the State Capitol Preservation Board, for capitol hill facilities and capitol hill grounds.
(b) The commissioner, in cooperation with the director of the Division of Facilities Construction and Management shall provide for the security of all grounds and buildings under the jurisdiction of the Division of Facilities Construction and Management.
(3) Security personnel required in Subsection (2) shall be law enforcement officers as defined in Section 53-13-103.
(4) Security personnel who were actively employed and had five or more years of active service with Protective Services within the Utah Highway Patrol Division as special function officers, as defined in Section 53-13-105, on June 29, 1996, shall become law enforcement officers:
(a) without a requirement of any additional training or examinations, if they have completed the entire law enforcement officer training of the Peace Officers Standards and Training Division; or
(b) upon completing only the academic portion of the law enforcement officer training of the Peace Officers Standards and Training Division.
(5) An officer in a supervisory position with Protective Services within the Utah Highway Patrol Division shall be allowed to transfer the job title that the officer held on April 28, 1996, into a comparable supervisory position of employment as a peace officer for as long as the officer remains with Protective Services within the Utah Highway Patrol Division.
Amended by Chapter 2, 2005 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 1 - Administration › Part 1 - Department Administration › Section 110 - Compilation of highway, traffic, and driver licensing laws -- Printing and distribution -- Fees.

53-1-110.
Compilation of highway, traffic, and driver licensing laws -- Printing and distribution -- Fees.
(1)
(a) The commissioner shall compile an edition of the general highway, traffic, and driver licensing laws of the state as soon as practicable after each regular session of the Legislature.
(b) The edition shall include laws enacted or amended by the most recent session of the Legislature.
(2)
(a) The Division of Finance shall print a sufficient quantity of the compiled highway, traffic, and driver licensing laws to distribute copies to all state, county, and local enforcement agencies, courts, legislators, and other agencies as necessary.
(b) A fee may be assessed for each copy of the compilation issued by the Division of Finance. The fee shall be established by the Division of Finance in accordance with Section 63J-1-504.
Amended by Chapter 183, 2009 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 1 - Administration › Part 1 - Department Administration › Section 111 - Crime prevention month -- Department of Public Safety to coordinate.

53-1-111.
Crime prevention month -- Department of Public Safety to coordinate.
(1) The month of October is designated as "Crime Prevention Month."
(2) The department shall coordinate all activities, special programs, and promotional information to heighten public awareness and involvement in the prevention of crime in each community.
Renumbered and Amended by Chapter 234, 1993 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 1 - Administration › Part 1 - Department Administration › Section 113 - Office of Executive Protection -- Personnel.

53-1-113.
Office of Executive Protection -- Personnel.
(1) The commissioner shall select personnel for the Office of Executive Protection primarily from the ranks of the Highway Patrol without competitive examination.
(2) Selection of personnel from other than these ranks may be made at the commissioner's discretion, provided the persons selected are peace officers.
Renumbered and Amended by Chapter 234, 1993 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 1 - Administration › Part 1 - Department Administration › Section 116 - Violations.

Effective 5/10/2016
53-1-116.
Violations.
A violation of this title, except for a violation under Chapter 3, Part 2, Driver Licensing Act, is an infraction, unless otherwise provided.
Amended by Chapter 303, 2016 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 1 - Administration › Part 1 - Department Administration › Section 117 - Alcohol or drug enforcement funding -- Rulemaking -- Legislative findings.

53-1-117.
Alcohol or drug enforcement funding -- Rulemaking -- Legislative findings.
(1) From money appropriated by the Legislature and any other funds made available for the purposes described under this section, the department shall assist the law enforcement agencies of the state and its political subdivisions in the enforcement of alcohol or drug-related offenses.
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commissioner shall make rules establishing criteria and procedures for granting money under this section to law enforcement agencies for:
(a) providing equipment, including drug and alcohol testing equipment;
(b) funding the training and overtime of peace officers; and
(c) managing driving under the influence related abandoned vehicles.
(3) The Legislature finds that the money is for a general and statewide public purpose.
Amended by Chapter 342, 2011 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 1 - Administration › Part 1 - Department Administration › Section 118 - Public Safety Honoring Heroes Restricted Account -- Creation -- Funding -- Distribution of funds by the commissioner.

Affected by 63I-2-253 on 7/1/2024
53-1-118.
Public Safety Honoring Heroes Restricted Account -- Creation -- Funding -- Distribution of funds by the commissioner.
(1) There is created in the General Fund a restricted account known as the Public Safety Honoring Heroes Restricted Account.
(2) The account shall be funded by:
(a) contributions deposited into the Public Safety Honoring Heroes Restricted Account in accordance with Section 41-1a-422;
(b) private contributions; and
(c) donations or grants from public or private entities.
(3) The Legislature shall appropriate money in the account to the commissioner.
(4) The commissioner shall distribute the funds to one or more charitable organizations that:
(a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code; and
(b) have as a primary part of their mission to support the families of fallen Utah Highway Patrol troopers and other Department of Public Safety employees.
(5) The commissioner may only consider proposals that are:
(a) proposed by a charitable organization under Subsection (4); and
(b) designed to support families of fallen Utah Highway Patrol troopers and other Department of Public Safety employees.
(6)
(a) An organization described in Subsection (4) may apply to the commissioner to receive a distribution in accordance with Subsection (4).
(b) An organization that receives a distribution from the commissioner in accordance with Subsection (4) shall expend the distribution only to support the families of fallen Utah Highway Patrol troopers and other Department of Public Safety employees.
(7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commissioner shall make rules providing procedures for an organization to apply to receive funds under this section.
Amended by Chapter 303, 2011 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 1 - Administration › Part 1 - Department Administration › Section 120 - Utah Law Enforcement Memorial Support Restricted Account -- Creation -- Funding -- Distribution of funds by the commissioner.

Affected by 63I-2-253 on 7/1/2024
Effective 10/1/2016
53-1-120.
Utah Law Enforcement Memorial Support Restricted Account -- Creation -- Funding -- Distribution of funds by the commissioner.
(1) There is created in the General Fund a restricted account known as the Utah Law Enforcement Memorial Support Restricted Account.
(2) The account shall be funded by:
(a) contributions deposited into the Utah Law Enforcement Memorial Support Restricted Account in accordance with Section 41-1a-422;
(b) private contributions; and
(c) donations or grants from public or private entities.
(3) Subject to appropriations by the Legislature, money in the account may only be used by the commissioner for purposes described in this section.
(4) Upon appropriation, the commissioner shall distribute the funds to one or more charitable organizations that:
(a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code; and
(b) have as a primary part of their mission to support the operation and maintenance of the Utah Law Enforcement Memorial.
(5) The commissioner may only consider proposals that are:
(a) proposed by a charitable organization described in Subsection (4); and
(b) designed to support the operation and maintenance of the Utah Law Enforcement Memorial.
(6)
(a) An organization described in Subsection (4) may apply to the commissioner to receive a distribution in accordance with Subsection (4).
(b) An organization that receives a distribution from the commissioner in accordance with Subsection (4) shall expend the distribution only to support the operation and maintenance of the Utah Law Enforcement Memorial.
(7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commissioner shall make rules providing procedures for an organization to apply to receive funds under this section.
Enacted by Chapter 52, 2016 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 1 - Administration › Part 1 - Department Administration › Section 121 - Technology and equipment for officer-involved critical incident investigation -- Rulemaking -- Legislative findings -- Revenue fund created.

Effective 5/5/2021
53-1-121.
Technology and equipment for officer-involved critical incident investigation -- Rulemaking -- Legislative findings -- Revenue fund created.
(1) The department shall assist the law enforcement agencies of the state and the state's political subdivisions to obtain technology and equipment to assist in the investigation of officer-involved critical incidents in which a firearm is used.
(2) To be eligible, the technology or equipment shall be:
(a) capable of recording actual shots fired, including the date and time, from a specific weapon;
(b) able to distinguish between actual shots fired and other, unrelated but contemporaneous, events; and
(c) tamper-proof and unable to be removed or manipulated by the officer.
(3) The department shall create a program to assist law enforcement agencies through monetary grants to:
(a) purchase technology and equipment to assist in the investigation of officer-involved critical incidents involving a firearm; and
(b) train law enforcement officers in the proper use and handling of any technology and equipment purchased in accordance with this section.
(4)
(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commissioner shall make rules establishing a program with criteria and procedures for granting matching funds under this section to law enforcement agencies to purchase technology or equipment meeting the criteria in Subsection (2).
(b) The rules shall require that funding provided to purchase technology or equipment under this section shall be matched by the requesting law enforcement agency.
(5) The Legislature finds that the money is for a general and statewide public purpose.
(6) Expenses accrued by the department in carrying out this section shall be provided from this appropriation, but may not exceed $40,000 annually.
(7) The Legislature shall appropriate funds to the department to use for matching grants to local law enforcement agencies to carry out the purpose of this program.
(8) The department shall report annually to the Executive Offices and Criminal Justice Appropriations Subcommittee on the program. The report shall contain:
(a) the total amount of appropriations received by the program;
(b) amounts granted from the program to local law enforcement agencies, including an accounting of technology purchased by the local law enforcement agency;
(c) an accounting of any administrative expenses for the program paid out of the funds;
(d) requests for funding that were not granted and the reason for denial; and
(e) the total amount of remaining funds.
Enacted by Chapter 215, 2021 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 1 - Administration › Part 2 - Administrative Services › Section 202 - Definitions.

53-1-202.
Definitions.
As used in this part:
(1) "Director" means the division director appointed under Section 53-1-203.
(2) "Division" means the Administrative Services Division created in Section 53-1-203.
Enacted by Chapter 234, 1993 General Session