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1/26/2007
Utah: Legislator Strikes Back Against Ticket Quota
A Utah House of Representatives committee votes to ban ticket quotas.

Rep. Neil Hansen
The Utah state representative for Ogden introduced legislation designed to slap that city's mayor for instituting a ticket quota. Representative Neil Hansen's bill, H.B. 255, yesterday passed the Law Enforcement and Criminal Justice Committee with a 5-4 vote.

"This bill came about because of constituents of mine that had called me and asked if we could do something about what was going on in our community," Hansen said yesterday. "To get the public's attention, [police officers] put a sign out, a traveling billboard if you will, that says, 'Welcome to Ogden City, Home of Godfrey's Ticket Quotas.'"

Hansen explained that he asked a police officer why he had given his daughter a ticket. The officer explained there was a ticket quota, although they used the term "performance based evaluation" to avoid the specific word "quota." Hansen's bill would prohibit municipalities, counties, sheriffs and police chiefs from requiring officers to issue a certain number of tickets in a given amount of time.

Police officials, who deny there is any ticket quota, attended the committee hearing to oppose the measure.

"If there is no quota, it should be no problem," Hansen said.

Article Excerpt:
New sections highlighted with italics.

H.B. 255
General Description:
This bill modifies municipal, county, and public safety provisions of the Utah Code to prohibit state and local governmental entities and law enforcement agencies from imposing traffic citation quotas on law enforcement officers.

Highlighted Provisions:
This bill:
- prohibits state and local governmental entities and law enforcement agencies from requiring that their law enforcement officers issue within any specified time period
a specific number of citations, complaints, or warning notices:
- for violations of Title 41, Chapter 6a, Traffic Code; or
- violations of any local traffic ordinance, including any of the offenses described in Section 41-6a-208 which addresses regulatory powers of local highway
authorities.

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 10-1-204 is enacted to read:

10-1-204. Traffic violation quotas prohibited.
A municipality may not by any means require its law enforcement agency or any law enforcement officer to issue within any specified time period a specific number of citations, complaints, or warning notices for violations of Title 41, Chapter 6a, Traffic Code, or violations of any local traffic ordinance, including any of the offenses described in Section 41-6a-208 which addresses regulatory powers of local highway authorities.

Section 2. Section 10-3-913 is amended to read:

10-3-913. Authority of chief of police.
(1) The chief of police has the same authority as the sheriff within the boundaries of the municipality of appointment. The chief has authority to:
(a) suppress riots, disturbances, and breaches of the peace;
(b) apprehend all persons violating state laws or city ordinances;
(c) diligently discharge his duties and enforce all ordinances of the city to preserve the peace, good order, and protection of the rights and property of all persons; and
(d) attend the municipal justice court located within the city when required, provide security for the court, and obey its orders and directions.

(2) This section is not a limitation of a police chief's statewide authority as otherwise provided by law.

(3) The chief of police shall, 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.

(4) A police chief may not by any means require any law enforcement officer to issue within any specified time period a specific number of citations, complaints, or warning notices for violations of Title 41, Chapter 6a, Traffic Code, or violations of any local traffic ordinance, including any of the offenses described in Section 41-6a-208 which addresses regulatory powers of local highway authorities.

Section 3. Section 10-3-918 is amended to read:

10-3-918. Chief of police or marshal in a city of the third, fourth, or fifth class or
town.
The chief of police or marshal in each city of the third, fourth, or fifth class or town:

(1) shall:
(a) exercise and perform the duties that are prescribed by the legislative body;
(b) be under the direction, control, and supervision of the person or body that appointed the chief or marshal; and
(c) 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) may, with the consent of the person or body that appointed the chief or marshal, appoint assistants to the chief of police or marshal; and

(3) may not by any means require any law enforcement officer to issue within any specified time period a specific number of citations, complaints, or warning notices for violations of Title 41, Chapter 6a, Traffic Code, or violations of any local traffic ordinance, including any of the offenses described in Section 41-6a-208 which addresses regulatory powers of local highway authorities.


Section 4. Section 17-22-2.1 is enacted to read:

17-22-2.1. Traffic violation quotas prohibited.
A sheriff may not by any means require any law enforcement officer to issue within any specified time period a specific number of citations, complaints, or warning notices for violations of Title 41, Chapter 6a, Traffic Code, or violations of any local traffic ordinance, including any of the offenses described in Section 41-6a-208 which addresses regulatory powers of local highway authorities.

Section 5. Section 17-50-304 is amended to read:

17-50-304. Police, building, and sanitary regulations -- Prohibition of quotas.

(1) A county may make and enforce within the limits of the county, outside the limits of cities and towns, all such local, police, building, and sanitary regulations as are not in conflict with general laws.

(2) A county may not by any means require its law enforcement agency or any law enforcement officer to issue within any specified time period a specific number of citations, complaints, or warning notices for violations of Title 41, Chapter 6a, Traffic Code, or violations of any local traffic ordinance, including any of the offenses described in Section 41-6a-208 which addresses regulatory powers of local highway authorities.

Section 6. Section 53-1-108 is amended to read:

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-1802 ;
(e) serve as the chairman of the Disaster Emergency Advisory Council, as required by
Section 63-5-4 ;
(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; and
(f) receive and distribute federal funding to further the objectives of highway safety in compliance with the Federal Assistance Management Program Act.

(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.

(4) The commissioner may not by any means require any law enforcement officer to issue within any specified time period a specific number of citations, complaints, or warning notices for violations of Title 41, Chapter 6a, Traffic Code.

Section 7. Section 53-8-104 is amended to read:

53-8-104. Superintendent's duties.

(1) The superintendent shall:
(a) divide the state highways into sections for the purpose of patrolling and policing;
(b) employ peace officers known as highway patrol troopers to patrol or police the highways within this state and to enforce the state statutes as required;
(c) establish ranks, grades, and positions in the Highway Patrol and designate the authority and responsibility in each rank, grade, and position;
(d) establish for the Highway Patrol standards and qualifications and fix prerequisites of training, education, and experience for each rank, grade, and position;
(e) appoint personnel to each rank, grade, and position necessary for the efficient operation and administration of the Highway Patrol;
(f) devise and administer examinations designed to test applicants for positions with the Highway Patrol;
(g) make rules governing the Highway Patrol as appear to the superintendent advisable;
(h) discharge, demote, or temporarily suspend any employee in the Highway Patrol for cause;
(i) prescribe the uniforms to be worn and the equipment to be used by employees of the Highway Patrol;
(j) charge against each employee of the Highway Patrol the value of any property of the state lost or destroyed through the carelessness of the employee;
(k) establish, with the approval of the Division of Finance, the terms and conditions under which expense allowance should be paid to any employee of the Highway Patrol while away from his station;
(l) station the Highway Patrol in localities as he finds advisable for the enforcement of the laws of this state;
(m) conduct in conjunction with the State Board of Education in and through all state schools an educational campaign in highway safety and work in conjunction with civic organizations, churches, local units of government, and other organizations that may function in accomplishing the purposes of reducing highway accidents;
(n) provide the initial mandatory uniform items for each new trooper hired after July 1, 1998;
(o) determine by rule a basic uniform allowance system which includes the manner in which troopers may receive maintenance services and vouchers for basic uniforms and administer any funds appropriated by the Legislature to the division for that purpose; and
(p) 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 superintendent may not by any means require any law enforcement officer to issue within any specified time period a specific number of citations, complaints, or warning notices for violations of Title 41, Chapter 6a, Traffic Code.


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