H.B.
146
LAW ENFORCEMENT BY FEDERAL LAND MANAGEMENT AGENCY
House Floor
Amendments
Amendment 2 March 2, 2010 2:46 PM
Representative Michael E. Noel proposes the following amendments:
1. Page 1, Line 14 :
14 . defines federally managed land
;
. defines federal employee as a person who works for an agency that manages federal land;
. defines federal agency as an agency that manages federal land
;
2. Page 1, Line 18 :
18 . provides that Utah does not recognize federal
{
law enforcement
}
agency
authority
beyond
3. Page 1, Lines 20 through 21 :
20 . provides that Utah does not authorize federal
{
law
}
enforcement action or prosecution
21 based on Utah law
, except as authorized by this bill
;
4. Page 1, Line 24 through Page 2, Line 34 :
24 . provides that agreements with
{
the
}
a
federal
{
law enforcement
}
agency may not
be for
25 longer than
{
one year
}
two years
;
26 . provides that state and local law enforcement agencies may not allow federal
{
law
27 enforcement } agencies to use state or local resources without the written consent of
28 the head of the state or local law enforcement agency;
and
29 . requires the county sheriff to review the activities of any federal
{
law
}
enforcement
30 agency within the county and report to the county attorney
{
; and
31 . authorizes the attorney general and county and district attorneys to prosecute federal
32 law enforcement employees for acting:
33 . beyond the scope of federal law; or
34 . if the federal law is not consistent with the Constitution of the United States } .
5. Page 4, Line 96 :
96 (1) As used in this section
{
, "federally
}
:
(a) "Federal agency" means a federal agency that manages federally managed land.
(b) "Federal employee" means an employee of:
(i) the Bureau of Land Management;
(ii) the United States Forest Service; or
(iii) the National Park Service; and
(c) "Federally
managed land" means land managed by the
6. Page 4, Lines 98 through 100 :
98
{
(a)
}
(i)
Bureau of Land Management;
99
{
(b)
}
(ii)
United States Forest Service; and
100
{
(c)
}
(iii)
the National Park Service.
7. Page 4, Lines 108 through 110 :
108 (3)
{
(a)
}
Utah does not authorize federal employees to exercise law enforcement powers
109 to enforce the laws of Utah, either on or off federally managed land
{
.
110 (b) This Subsection (3) takes precedence over any other Utah law. }
except as authorized
under this section or other provisions of state statute.
8. Page 5, Line 137 :
137 unless the agreements are limited to a term not to exceed
{
one year
}
two years
.
9. Page 5, Lines 144 through 149 :
144
{
(c) The Utah Attorney General and county and district attorneys are authorized to
145 prosecute federal employees under state law governing the unauthorized exercise of law
146 enforcement powers when the federal employees are found to be exercising law enforcement
147 powers:
148 (i) that exceed those authorized by federal law; and
149 (ii) that are not consistent with the Constitution of the United States. }
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hb0146.hfa.02.wpd LRGC Sallred sallred