Enrolled Copy S.B. 113
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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 open 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 open range
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livestock; and
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▸ defines terms.
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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) As used in this section, "open range" means the same as that term is defined in Section
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4-24-102.
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[(1)] (2)(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)] (2)(a) does not apply to open range [stock] livestock drifting onto S.B. 113 Enrolled Copy
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any highway moving to or from their accustomed ranges.
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[(2)] (3)(a) A person may not drive any livestock upon, over, or across any highway
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during the period from half an hour after sunset to half an hour before sunrise.
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(b) Subsection [(2)(a)] (3)(a) does not apply if the person has a sufficient number of
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herders with warning lights on continual duty to open the road to permit the passage
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of vehicles.
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[(3)] (4) A violation of Subsection [(1) or ](2) or (3) is an infraction.
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[(4)] (5) In any civil action brought for damages caused by collision with any domestic
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animal or livestock on a highway, there is no presumption that the collision was due to
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negligence on behalf of the owner or the person in possession of the domestic animal or
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livestock.
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(6) In any civil action brought for damages caused by a collision with open range livestock
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on a highway, where open range livestock drift onto any highway to or from the open
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range livestock's accustomed range, there is a rebuttable presumption that the collision
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was due to the negligence of the driver.
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(7) In an action described in Subsection (6), damages for livestock are limited to the
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replacement cost of the livestock.
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Section 2. Effective Date.
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This bill takes effect on May 7, 2025.
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