Utah 2025 2025 Regular Session

Utah Senate Bill SB0113 Substitute / Bill

Filed 02/05/2025

                    02-05 08:56	1st Sub. (Green) S.B. 113
Scott D. Sandall proposes the following substitute bill:
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Traffic Code Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Scott D. Sandall
House Sponsor: Scott H. Chew
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LONG TITLE
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General Description:
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This bill addresses range livestock collisions on a highway.
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Highlighted Provisions:
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This bill:
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▸ creates a rebuttable presumption in a highway collision between a driver and livestock.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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41-6a-407, as last amended by Laws of Utah 2015, Chapter 412
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Be it enacted by the Legislature of the state of Utah:
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Section 1.  Section 41-6a-407 is amended to read:
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41-6a-407 . Livestock on highway -- Restrictions -- Collision, action for damages.
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(1)(a) A person who owns or is in possession or control of any livestock may not
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willfully or negligently permit any of the livestock to stray or remain unaccompanied
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on a highway, if both sides of the highway are separated from adjoining property by a
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fence, wall, hedge, sidewalk, curb, lawn, or building.
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(b) Subsection (1)(a) does not apply to range stock drifting onto any highway moving to
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or from their accustomed ranges.
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(2)(a) A person may not drive any livestock upon, over, or across any highway during
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the period from half an hour after sunset to half an hour before sunrise.
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(b) Subsection (2)(a) does not apply if the person has a sufficient number of herders with
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warning lights on continual duty to open the road to permit the passage of vehicles.
1st Sub. S.B. 113 1st Sub. (Green) S.B. 113	02-05 08:56
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(3) A violation of Subsection (1) or (2) is an infraction.
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(4) In any civil action brought for damages caused by collision with any domestic animal or
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livestock on a highway, there is no presumption that the collision was due to negligence
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on behalf of the owner or the person in possession of the domestic animal or livestock.
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(5) In any civil action brought for damages caused by a collision with any range stock on a
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highway, where range stock drift onto any highway to or from the range stock's
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accustomed range, there is a rebuttable presumption that the collision was due to the
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negligence of the driver.
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Section 2.  Effective Date.
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This bill takes effect on May 7, 2025.
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