Utah 2025 Regular Session

Utah Senate Bill SB0113 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy S.B. 113
	1	+	02-10 13:31 2nd Sub. (Salmon) S.B. 113
	2	+	Scott D. Sandall proposes the following substitute bill:
2	3		1
3	4		Traffic Code Amendments
4	5		2025 GENERAL SESSION
5	6		STATE OF UTAH
6	7		Chief Sponsor: Scott D. Sandall
7	8		House Sponsor: Scott H. Chew
8	9		2
9	10
10	11		3
11	12		LONG TITLE
12	13		4
13	14		General Description:
14	15		5
15	16		This bill addresses open range livestock collisions on a highway.
16	17		6
17	18		Highlighted Provisions:
18	19		7
19	20		This bill:
20	21		8
21	22		▸ creates a rebuttable presumption in a highway collision between a driver and open range
22	23		9
23	24		livestock; and
24	25		10
25	26		▸ defines terms.
26	27		11
27	28		Money Appropriated in this Bill:
28	29		12
29	30		None
30	31		13
31	32		Other Special Clauses:
32	33		14
33	34		None
34	35		15
35	36		Utah Code Sections Affected:
36	37		16
37	38		AMENDS:
38	39		17
39	40		41-6a-407, as last amended by Laws of Utah 2015, Chapter 412
40	41		18
41	42
42	43		19
43	44		Be it enacted by the Legislature of the state of Utah:
44	45		20
45	46		Section 1. Section 41-6a-407 is amended to read:
46	47		21
47	48		41-6a-407 . Livestock on highway -- Restrictions -- Collision, action for damages.
48	49		22
49	50		(1) As used in this section, "open range" means the same as that term is defined in Section
50	51		23
51	52		4-24-102.
52	53		24
53	54		[(1)] (2)(a) A person who owns or is in possession or control of any livestock may not
54	55		25
55	56		willfully or negligently permit any of the livestock to stray or remain unaccompanied
56	57		26
57	58		on a highway, if both sides of the highway are separated from adjoining property by a
58	59		27
59	60		fence, wall, hedge, sidewalk, curb, lawn, or building.
60	61		28
61		-	(b) Subsection [(1)(a)] (2)(a) does not apply to open range [stock] livestock drifting onto ~~S.B. 113 Enrolled Copy~~
	62	+	(b) Subsection [(1)(a)] (2)(a) does not apply to open range [stock] livestock drifting onto
62	63		29
63	64		any highway moving to or from their accustomed ranges.
	65	+	2nd Sub. S.B. 113 2nd Sub. (Salmon) S.B. 113 02-10 13:31
64	66		30
65	67		[(2)] (3)(a) A person may not drive any livestock upon, over, or across any highway
66	68		31
67	69		during the period from half an hour after sunset to half an hour before sunrise.
68	70		32
69	71		(b) Subsection [(2)(a)] (3)(a) does not apply if the person has a sufficient number of
70	72		33
71	73		herders with warning lights on continual duty to open the road to permit the passage
72	74		34
73	75		of vehicles.
74	76		35
75	77		[(3)] (4) A violation of Subsection [(1) or ](2) or (3) is an infraction.
76	78		36
77	79		[(4)] (5) In any civil action brought for damages caused by collision with any domestic
78	80		37
79	81		animal or livestock on a highway, there is no presumption that the collision was due to
80	82		38
81	83		negligence on behalf of the owner or the person in possession of the domestic animal or
82	84		39
83	85		livestock.
84	86		40
85	87		(6) In any civil action brought for damages caused by a collision with open range livestock
86	88		41
87	89		on a highway, where open range livestock drift onto any highway to or from the open
88	90		42
89	91		range livestock's accustomed range, there is a rebuttable presumption that the collision
90	92		43
91	93		was due to the negligence of the driver.
92	94		44
93	95		(7) In an action described in Subsection (6), damages for livestock are limited to the
94	96		45
95	97		replacement cost of the livestock.
96	98		46
97	99		Section 2. Effective Date.
98	100		47
99	101		This bill takes effect on May 7, 2025.
100	102		- 2 -