Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 415 (2018GS)

Sponsor

Rep. Ivory, K.

Final action

House/ filed 3/8/2018

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• provides that, under certain circumstances, the state shall indemnify, defend, and hold a chief executive officer or county sheriff harmless from any claims or damages, including court costs and attorney fees that are assessed as a result of the chief executive officer's or county sheriff's action in abating a catastrophic public nuisance;

Every vote on this bill

Bill text

CATASTROPHIC WILDFIRE REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ken Ivory
Senate Sponsor: 
 Evan J. Vickers
LONG TITLE
General Description:
This bill modifies the Catastrophic Public Nuisance Act.
Highlighted Provisions:
This bill:
▸ provides that, under certain circumstances, the state shall indemnify, defend, and
hold a chief executive officer or county sheriff harmless from any claims or
damages, including court costs and attorney fees that are assessed as a result of the
chief executive officer's or county sheriff's action in abating a catastrophic public
nuisance;
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
11-51a-104
, as enacted by Laws of Utah 2015, Chapter 419
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
11-51a-104
 is amended to read:
11-51a-104.
Emergency abatement of a catastrophic public nuisance.
(1) If a chief executive officer of a political subdivision or a county sheriff determines
that a public nuisance exists on federally managed land, pursuant to Subsection 
11-51a-103
(1),
and the chief executive officer of a political subdivision or the county sheriff also finds that the
catastrophic public nuisance in question adversely affects, or constitutes a threat to, the public
health, safety, and welfare of the people of the political subdivision, the chief executive officer
of the political subdivision or the county sheriff may, after consulting with the attorney general,
pursue all remedies allowed by law.
(2) In seeking an emergency abatement of a catastrophic public nuisance, a chief
executive officer of a political subdivision or a county sheriff shall attempt, as much as
possible, to:
(a) coordinate with state and federal agencies; and
(b) seek the advice of professionals, including private sector professionals, with
expertise in abating a catastrophic public nuisance.
(3) The state shall indemnify, defend, and hold a chief executive officer or county
sheriff harmless from any claims or damages, including court costs and attorney fees that are
assessed as a result of the chief executive officer's or county sheriff's action, if:
(a) the chief executive officer or county sheriff has complied with the provisions of this
chapter;
(b) the chief executive officer or county sheriff seeks and receives approval for the
chief executive officer's or county sheriff's actions from the Legislative Management
Committee;
(c) the court challenge against the chief executive officer or county sheriff addresses
the chief executive officer's or county sheriff's action in abating a catastrophic public nuisance;
and
(d) the chief executive officer's or county sheriff's actions in abating the catastrophic
public nuisance were reasonable.
Legislative Review Note
Office of Legislative Research and General Counsel