Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 391 (2016GS)

Sponsor

Rep. Noel, M.

Final action

Governor Signed 3/29/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• provides for the chief executive officer of a political subdivision or a county sheriff to determine whether:
• the Bureau of Land Management or the United States Department of the Interior is complying with certain provisions of federal law relating to agreements for local law enforcement to enforce federal law and regulations on public lands; or
• a federal law enforcement official is exceeding the law enforcement official's jurisdiction in relation to certain land; and
• addresses legal action to enforce the provisions of the bill.

Every vote on this bill

Bill text

LAW ENFORCEMENT REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael E. Noel
Senate Sponsor: 
David P. Hinkins
LONG TITLE
General Description:
This bill enacts provisions relating to law enforcement on public land and on land to
which the federal government has obtained right or title.
Highlighted Provisions:
This bill:
▸ provides for the chief executive officer of a political subdivision or a county sheriff
to determine whether:
• the Bureau of Land Management or the United States Department of the Interior
is complying with certain provisions of federal law relating to agreements for
local law enforcement to enforce federal law and regulations on public lands; or
• a federal law enforcement official is exceeding the law enforcement official's
jurisdiction in relation to certain land; and
▸ addresses legal action to enforce the provisions of the bill.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
53-13-106.11
, Utah Code Annotated 1953
53-13-106.12
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-13-106.11
 is enacted to read:
 53-13-106.11.
Agreement for local law enforcement to enforce federal law -- Legal
recourse to enforce.
(1) As used in this section:
(a) "Bureau" means the Bureau of Land Management, within the department.
(b) "Department" means the United States Department of the Interior.
(2) The chief executive officer of a political subdivision or a county sheriff may, in
accordance with Subsection (3), determine that the bureau's failure to enter into an agreement
described in Subsection 
53-13-106.9
(3) violates the political subdivision's rights under 43
U.S.C. Sec. 1733(c)(1).
(3) In evaluating whether a violation of 43 U.S.C. Sec. 1733(c)(1) has occurred, the
chief executive officer of a political subdivision or a county sheriff may consider:
(a) whether the bureau or the department has, by the words or actions of an employee
or agent of the bureau or department, effectively determined that assistance is necessary in
enforcing federal laws and regulations relating to public lands or the resources of public lands;
(b) whether the bureau or the department has:
(i) offered to contract with appropriate officials of the political subdivision that have
law enforcement authority in the political subdivision's jurisdiction; and
(ii) made an offer described in Subsection (3)(b)(i) with the view of achieving
maximum feasible reliance upon local law enforcement officials in enforcing federal laws and
regulations relating to public lands or the resources of public lands;
(c) whether the bureau or the department has negotiated on reasonable terms with local
officials who have authority to enter into a contract described in Subsection (3)(b);
(d) whether the contract described in Subsection (3)(b) authorizes the local law
enforcement officials and the local law enforcement officials' agents to:
(i) carry firearms;
(ii) execute and serve any warrant or other process issued by a court or officer of
competent jurisdiction;
(iii) make arrests without a warrant or process for:
(A) a misdemeanor that a local law enforcement official or an agent of the local law
enforcement official has reasonable grounds to believe is being committed in the local law
enforcement official's or agent's presence or view; or
(B) a felony if a local law enforcement official or an agent of the local law enforcement
official has reasonable grounds to believe that the person to be arrested has committed or is
committing a felony;
(iv) search without a warrant or process any person, place, or conveyance, in
accordance with federal law or rule of law; and
(v) seize without a warrant or process any evidentiary item as provided by federal law;
(e) whether the bureau or department has provided law enforcement training as the
bureau or department determines is necessary in order to carry out the contracted
responsibilities; and
(f) whether the local law enforcement officials and their agents will be guaranteed,
under the contract, all immunities of federal law enforcement officials while exercising the
powers and authorities granted in the contract.
(4) If, after consulting with the attorney general, the chief executive officer of a
political subdivision or a county sheriff makes the determination described in Subsection (2),
the chief executive officer or county sheriff shall:
(a) in accordance with Subsection (5), serve notice of the determination on the bureau
personally or by certified mail; and
(b) provide a copy of the notice described in Subsection (4)(a) to the governor, the
attorney general, the state's congressional delegation, and the head of the department.
(5) The notice described in Subsection (4) shall include:
(a) a detailed explanation of the basis for determining that the bureau has violated 43
U.S.C. Sec. 1733(c)(1);
(b) a demand that the bureau and the department cease the violation and comply with
U.S.C. Sec. 1733(c)(1); and
(c) a specific date, no less than 30 days after the day on which the notice is served, by
which time the bureau and the department shall:
(i) cease the violation and comply with 43 U.S.C. Sec. 1733(c)(1); or
(ii) provide the chief executive officer or county sheriff described in Subsection (4)
with a plan for ceasing the violation and complying with 43 U.S.C. Sec. 1733(c)(1) that is
reasonably acceptable to the political subdivision.
(6) The chief executive officer of a political subdivision or a county sheriff may agree
to a plan described in Subsection (5)(c)(ii).
(7) (a) If, after the notice described in Subsections (4) and (5) is served, the bureau or
the department does not respond by the date described in Subsection (5)(c) or otherwise
indicate that the bureau or the department is unwilling to take action to cease the violation of
U.S.C. Sec. 1733(c)(1), the chief executive officer or county sheriff may, after consultation
with the county attorney and the attorney general, pursue all available legal remedies.
(b) In seeking any emergency injunction for a violation of 43 U.S.C. Sec. 1733(c)(1), a
chief executive officer of a political subdivision or a county sheriff shall attempt, to the extent
possible, to coordinate with the state, the bureau, and the department.
Section 2. Section 
53-13-106.12
 is enacted to read:
 53-13-106.12.
Law enforcement actions exceeding jurisdiction over federal land --
Procedure for determination and legal recourse.
(1) As used in this section:
(a) "Bureau" means the Bureau of Land Management, within the department.
(b) "Department" means the United States Department of the Interior.
(c) "Jurisdictional authorization" means a federal law, or a rule or regulation adopted
by the department or the bureau, that:
(i) relates to federal land administered by the bureau; and
(ii) has a logical nexus with a designated purpose of the federal land in question.
(2) The chief executive officer of a political subdivision or a county sheriff may, in
accordance with Subsection (3), determine that action of a law enforcement official of the
bureau exceeds the bureau's jurisdictional authorization.
(3) In evaluating whether the action described in Subsection (2) exceeds the bureau's
jurisdictional authorization, the chief executive officer of a political subdivision or a county
sheriff may consider:
(a) the nature and seriousness of the action of the bureau's law enforcement official;
(b) the nature of the bureau's jurisdictional authorization;
(c) the policies, plans, and positions of the political subdivision and county sheriff in
the affected county that are relevant to action taken by a law enforcement official of the bureau;
and
(d) the extent and nature of any communications between the bureau, the political
subdivision, and the county sheriff regarding:
(i) the actions of the bureau's law enforcement official;
(ii) the political subdivision's and county sheriff's policies, plans, and positions; or
(iii) the terms and conditions of an agreement entered into and described in Section
53-13-106.9
.
(4) If, after consulting with the governor and the attorney general, the chief executive
officer of a political subdivision or a county sheriff makes the determination described in
Subsection (2), the chief executive officer or county sheriff shall:
(a) in accordance with Subsection (5), serve notice of the determination on the bureau
personally or by certified mail; and
(b) provide a copy of the notice described in Subsection (4)(a) to the governor, the
attorney general, the state's congressional delegation, and the head of the department.
(5) The notice described in Subsection (4) shall include:
(a) a detailed explanation of the basis for determining that the actions of a law
enforcement official of the bureau exceed the bureau's jurisdictional authority;
(b) a demand that the bureau and the department cease repetition of the law
enforcement official's actions, and conform the official's future actions to the bureau's
jurisdictional authority; and
(c) a specific date, no less than 30 days after the day on which the notice is served, by
which time the bureau and the department shall:
(i) ensure that the bureau's law enforcement official keeps the law enforcement
official's actions within the limits of the bureau's jurisdictional authority; or
(ii) provide the chief executive officer or county sheriff described in Subsection (4)
with a plan for ensuring that the bureau's law enforcement official's actions will be kept within
the limits of the bureau's jurisdictional authority.
(6) The chief executive officer of a political subdivision or a county sheriff may agree
to a plan described in Subsection (5)(c)(ii).
(7) (a) If, after the notice described in Subsections (4) and (5) is served, the bureau or
the department does not respond by the date described in Subsection (5)(c) or otherwise
indicates that the bureau or department is unwilling to comply with the demands described in
Subsections (5)(b) and (c), the chief executive officer or county sheriff may, after consultation
with the county attorney, the governor, and the attorney general, pursue all available legal
remedies.
(b) In seeking any emergency injunction against the actions of a law enforcement
official of the bureau that exceed the bureau's jurisdictional authority, a chief executive officer
of a political subdivision or a county sheriff shall attempt, to the extent possible, to coordinate
with the governor, the attorney general, and the department.