Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 347 (2018GS)

Sponsor

Rep. Watkins, C.

Final action

Governor Signed 3/19/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• provides that a presidential townsite with Indian land may enter into an agreement with the local county sheriff, an Indian tribe, and the Bureau of Indian Affairs;
• provides that the agreement shall grant authority to individuals certified by the Bureau of Indian Affairs to enforce state and local misdemeanor and felony offenses on lands within the presidential townsite with Indian land;
• includes training requirements; and
• makes technical corrections.

Every vote on this bill

Bill text

LAW ENFORCEMENT AGREEMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Christine F. Watkins
Senate Sponsor: 
Kevin T. Van Tassell
LONG TITLE
General Description:
This bill modifies state and tribal jurisdiction provisions.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ provides that a presidential townsite with Indian land may enter into an agreement
with the local county sheriff, an Indian tribe, and the Bureau of Indian Affairs;
▸ provides that the agreement shall grant authority to individuals certified by the
Bureau of Indian Affairs to enforce state and local misdemeanor and felony offenses
on lands within the presidential townsite with Indian land;
▸ includes training requirements; and
▸ makes technical corrections.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
9-9-214
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
9-9-214
 is enacted to read:
 9-9-214.
Law enforcement in presidential townsites.
(1) As used in this section:
(a) "Agents of the Bureau of Indian Affairs" means individuals the Bureau of Indian
Affairs has empowered to enforce federal statutes in Indian land under 25 U.S.C. Sec. 2802 or
U.S.C. Sec. 2804.
(b) "Bureau of Indian Affairs" means the Bureau of Indian Affairs within the United
States Department of the Interior.
(c) "Indian land" means land that qualifies as "Indian country" under 18 U.S.C. Sec.
1151.
(d) "Indian tribe" or "tribe" means an Indian tribe included in the list of federally
recognized Indian tribes under 25 U.S.C. Sec. 5131.
(e) "Non-Indian land" means land that does not qualify as "Indian country" under 18
U.S.C. Sec. 1151.
(f) "Presidential townsite with Indian land" means a municipality incorporated under
the laws of the state:
(i) created by presidential proclamation pursuant to Sections 2380 and 2381 of the
Revised Statutes of the United States, Act of Congress of March 3, 1863, 12 Stat. 754; and
(ii) encompassing Indian land and non-Indian land within its municipal boundaries.
(2) A presidential townsite with Indian land may enter into an agreement that grants
authority to agents of the Bureau of Indian Affairs to enforce all applicable state and local
misdemeanor and felony offenses on all lands within the presidential townsite with Indian land,
provided that each of the following shall be party to the agreement:
(a) the presidential townsite with Indian land;
(b) the local county sheriff;
(c) the Indian tribe with jurisdiction over Indian lands within the presidential townsite
with Indian land; and
(d) the Bureau of Indian Affairs.
(3) An agreement entered into under Subsection (2) may be for any period of time and
shall state the period of time that the agreement lasts.
(4) Agents of the Bureau of Indian Affairs who are granted authority to enforce state
and local criminal misdemeanor offenses and felonies under an agreement entered into under
Subsection (2) shall successfully complete a course focusing on Utah criminal and
constitutional law and process specifically approved by the director of the Peace Officer
Standards and Training Division created under Section 
53-6-103
 to qualify the individual for
cross-deputization pursuant to this section.