In a reversal of a decision made on Wednesday Feb. 19, the House of Representatives voted to approve Senate Bill 106 after reconsidering it on Thursday Feb. 20, passing it 47 to 23.

The bill is sponsored by Sen. Curtis Bramble, R-Provo, and lifts restrictions on the Utah Highway Patrol that limits the use of unmarked patrol cars. The current limit on unmarked highway patrol cars is one per operation, but S.B. 106 will allow an unlimited number to be used under certain conditions.

The bill allows for the use of more than one unmarked patrol car only with operations that don't take place in rural areas, are approved by the Public Safety Commissioner, last less than 14 days, and target aggressive drivers specifically.

Republican Cedar City Representative Bud Bowman, a former Utah Highway Patrol officer, argued that the highway patrol is the only law enforcement agency in Utah that has restrictions regarding the use of unmarked patrol cars, and that unmarked patrol cars only target aggressive drivers (driving in excess of 21 miles per hour over the speed limit), drunken drivers, and reckless drivers.

"How many of you have witnessed an aggressive driver on I-15?" Bowman said. "That's what this is targeted for. It will not be used all the time, and it will not cut down on the use of marked vehicles."

"These are bad drivers," said Rep. Loraine Pace, R-Logan. "They need to be targeted."

Opposition to the bill was led by Rep. Gregory Hughes, R-Draper, who expressed concern that the new bill would endanger drivers by allowing fakes to pose as highway patrolmen.

"My fear is when you create an environment for unmarked cars to pull people over, we are creating an environment for people to take advantage of that," Hughes said.

Supporters argued that officers are required by the bill to be in uniform when using unmarked patrol cars, and that the red and blue lights used in the cars are illegal in regular cars.

Representative Greg Curtis, R-Sandy, said Salt Lake County has several law- enforcement agencies that use unmarked patrol cars.

"The reality of it is there are hundreds of unmarked patrol cars in Salt Lake County, and the only ones we hamstring are the ones who work for the state," Curtis said.

Bowman said the bill failed during the first House vote on Wednesday because "people didn't understand it."

"The highway patrol isn't going to abuse this," he said. "It's to get aggressive drivers, reckless drivers, and drunken drivers."

S.B. 106 goes to the Senate for further consideration.



Copyright Brigham Young University 24 Feb 2003