Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 453 (2020GS)

Sponsor

Rep. Perry, L.

Final action

Governor Signed 3/24/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• adds the United States Department of Veterans Affairs and its officers to the list of federal officers with state law enforcement authority.

Every vote on this bill

Bill text

LAW ENFORCEMENT AGENCY CERTIFICATION
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lee B. Perry
Senate Sponsor: 
Karen Mayne
LONG TITLE
General Description:
This bill adds officers from the United States Department of Veterans Affairs to the list
of federal officers with state law enforcement authority.
Highlighted Provisions:
This bill:
▸ adds the United States Department of Veterans Affairs and its officers to the list of
federal officers with state law enforcement authority.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
53-13-106
, as last amended by Laws of Utah 2014, Chapter 228 and last amended by
Coordination Clause, Laws of Utah 2014, Chapter 228
53-13-106.1
, as enacted by Laws of Utah 2014, Chapter 317
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-13-106
 is amended to read:
53-13-106.
Federal officers -- State law enforcement authority.
(1) (a) "Federal agency" means:
(i) the United States Bureau of Land Management;
(ii) the United States Forest Service;
(iii) the National Park Service;
(iv) the United States Fish and Wildlife Service;
(v) the United States Bureau of Reclamation;
(vi) the United States Environmental Protection Agency; [
and
]
(vii) the United States Army Corps of Engineers
; and
(viii) the Department of Veterans Affairs
.
(b) "Federal employee" means an employee of a federal agency.
(c) "Federal officer" includes:
(i) a special agent of the Federal Bureau of Investigation;
(ii) a special agent of the United States Secret Service;
(iii) a special agent of the United States Department of Homeland Security, excluding a
customs inspector or detention removal officer;
(iv) a special agent of the Bureau of Alcohol, Tobacco and Firearms;
(v) a special agent of the Drug Enforcement Administration;
(vi) a United States marshal, deputy marshal, and special deputy United States marshal;
[
and
]
(vii) a U.S. postal inspector of the United States Postal Inspection Service
; and
(viii) a police officer of the Department of Veterans Affairs
.
(d) (i) Federal officers listed in Subsection (1)(c) have statewide law enforcement
authority relating to felony offenses under the laws of this state. This Subsection (1)(d)(i) takes
precedence over Subsection (2).
(ii) Federal agencies and federal employees may exercise law enforcement authority
related to misdemeanor and felony offenses under Utah law only as established by an
agreement as provided in Subsection (1)(d)(iii) and as provided in Section 
53-13-106.9
 or
pursuant to Section 
53-13-106.7
. This Subsection (1)(d)(ii) takes precedence over Subsection
(2).
(iii) Consistent with Section 
53-13-106.9
, county sheriffs may enter into agreements
with federal agencies that allow concurrent authority to enforce federal laws and state and local
laws, provided that:
(A) the agreement is limited to a term of not more than two years; and
(B) the officers granted authority under the agreement have completed a 20-hour
training course that is focused on Utah criminal law and procedure and that is approved by the
director of the Peace Officer Standards and Training Division.
(e) The council may designate other federal peace officers, as necessary, if the officers:
(i) are persons employed full-time by the United States government as federally
recognized law enforcement officers primarily responsible for the investigation and
enforcement of the federal laws;
(ii) have successfully completed formal law enforcement training offered by an agency
of the federal government consisting of not less than 400 hours; and
(iii) maintain in-service training in accordance with the standards set forth in Section
53-13-103
.
(2) Except as otherwise provided under Title 63L, Chapter 1, Federal Jurisdiction, and
Title 77, Chapter 9, Uniform Act on Fresh Pursuit, a federal officer may exercise state law
enforcement authority only if:
(a) the state law enforcement agencies and county sheriffs with jurisdiction enter into
an agreement with the federal agency to be given authority; and
(b) except as provided in Subsection (3), each federal officer employed by the federal
agency meets the waiver requirements set forth in Section 
53-6-206
.
(3) A federal officer working as such in the state on or before July 1, 1995, may
exercise state law enforcement authority without meeting the waiver requirement.
(4) At any time, consistent with any contract with a federal agency, a state or local law
enforcement authority may withdraw state law enforcement authority from any individual
federal officer by sending written notice to the federal agency and to the division.
(5) The authority of a federal officer under this section is limited to the jurisdiction of
the authorizing state or local agency, and may be further limited by the state or local agency to
enforcing specific statutes, codes, or ordinances.
Section 2. Section 
53-13-106.1
 is amended to read:
53-13-106.1.
State and local law enforcement officers and federal employees --
Definitions.
As used in this section and in Sections 
53-13-106.2
 through 
53-13-106.10
:
(1) "Exercise law enforcement authority" and "exercise of law enforcement authority"
means:
(a) to take any action on private land, state-owned land, or federally managed land, to
investigate, stop, serve process, search, arrest, cite, book, or incarcerate a person for a federal,
state, or local criminal violation when the action is based on:
(i) a federal statute, regulation, or rule;
(ii) a state or local statute, ordinance, regulation, or rule; or
(iii) a state or local statute, ordinance, regulation, or rule that is being enforced by a
federal agency pursuant to the Assimilative Crimes Act, 18 U.S.C. Sec. 13; or
(b) to gain access to or use the correctional or communication facilities and equipment
of any state or local law enforcement agency.
(2) "Federal agency" means a federal agency that manages federally managed land or
regulates activities on that land, including:
(a) the United States Bureau of Land Management;
(b) the United States Forest Service;
(c) the National Park Service;
(d) the United States Fish and Wildlife Service;
(e) the United States Bureau of Reclamation;
(f) the United States Environmental Protection Agency; [
and
]
(g) the United States Army Corps of Engineers
; and
(h) the Department of Veterans Affairs
.
(3) "Federal employee" means an employee or other agent of a federal agency, but does
not include:
(a) a special agent of the Federal Bureau of Investigation;
(b) a special agent of the United States Secret Service;
(c) a special agent of the United States Department of Homeland Security, unless the
employee is a customs inspector or detention removal officer;
(d) a special agent of the Bureau of Alcohol, Tobacco, Firearms, and Explosives;
(e) a special agent of the United States Drug Enforcement Administration;
(f) a United States marshal, deputy marshal, or special deputy United States marshal;
[
or
]
(g) a United States postal inspector of the United States Postal Inspection Service
; or
(h) a police officer of the Department of Veterans Affairs
.
(4) "Federally managed land" means land managed by the following federal agencies:
(a) the United States Bureau of Land Management;
(b) the United States Forest Service;
(c) the National Park Service;
(d) the United States Fish and Wildlife Service; [
and
]
(e) the United States Bureau of Reclamation
; and
(f) the Department of Veterans Affairs
.
(5) "Proprietary jurisdiction federally managed land" means all federally managed land
as defined in this section except:
(a) buildings, installations, and other structures under the exclusive jurisdiction of the
Congress of the United States pursuant to the United States Constitution, Article I, Section 8,
Clause 17; and
(b) parcels that constitute federal enclaves subject to the concurrent jurisdiction of the
United States and the state of Utah.
Section 3. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.