Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 376 First Substitute (2018GS)

Sponsor

Rep. McCay, D.

Final action

House/ filed 3/8/2018

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• requires that an interlocal agreement between a county and one or more municipalities to provide law enforcement service requires or appoints a certain individual to provide or direct law enforcement service, depending on the county classification; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

INTERLOCAL PROVISION OF LAW ENFORCEMENT
SERVICE
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Daniel McCay
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill addresses an interlocal agreement between a county and one or more
municipalities to provide law enforcement service.
Highlighted Provisions:
This bill:
▸ requires that an interlocal agreement between a county and one or more
municipalities to provide law enforcement service requires or appoints a certain
individual to provide or direct law enforcement service, depending on the county
classification; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
11-13-202
, as last amended by Laws of Utah 2009, Chapter 218
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
11-13-202
 is amended to read:
11-13-202.
Agreements for joint or cooperative undertaking, for providing or
exchanging services, or for law enforcement services -- Effective date of agreement --
Public agencies may restrict their authority or exempt each other regarding permits and
fees.
(1) Any two or more public agencies may enter into an agreement with one another
under this chapter:
(a) for joint or cooperative action;
(b) to provide services that they are each authorized by statute to provide;
(c) to exchange services that they are each authorized by statute to provide;
(d) for a public agency to provide law enforcement services to one or more other public
agencies, if the public agency providing law enforcement services under the interlocal
agreement is authorized by law to provide those services, or to provide joint or cooperative law
enforcement services between or among public agencies that are each authorized by law to
provide those services; or
(e) to do anything else that they are each authorized by statute to do.
(2) An agreement under Subsection (1) does not take effect until [
it has been approved
]
each public agency that is a party to the agreement approves the agreement
, as provided in
Section 
11-13-202.5
[
, by each public agency that is a party to it
].
(3) (a) In an agreement under Subsection (1), a public agency that is a party to the
agreement may agree:
(i) to restrict its authority to issue permits to or assess fees from another public agency
that is a party to the agreement; and
(ii) to exempt another public agency that is a party to the agreement from permit or fee
requirements.
(b) A provision in an agreement under Subsection (1) whereby the parties agree as
provided in Subsection (3)(a) is subject to all remedies provided by law and in the agreement,
including injunction, mandamus, abatement, or other remedy to prevent, enjoin, abate, or
enforce the provision.
(4) [
An
] 
In an
 interlocal agreement between a county and one or more municipalities
for law enforcement service within an area that includes some or all of the unincorporated area
of the county [
shall require
]
, each county and municipality that is a party to the agreement shall
ensure that the agreement requires:
(a) in a county of the second through sixth class, the county sheriff to provide or direct
the law enforcement service provided under the agreement [
to be provided by or under the
direction of the county sheriff.
]
; or
(b) in a county of the first class, the chief executive for law enforcement services to be
appointed, according to the interlocal agreement, to provide or direct the law enforcement
service provided under the agreement.
Legislative Review Note
Office of Legislative Research and General Counsel