H.B.
146
LAW ENFORCEMENT BY FEDERAL LAND MANAGEMENT AGENCY
Senate Floor
Amendments
Amendment 4 March 10, 2010 2:46 PM
Senator Mark B. Madsen proposes the following amendments:
1. Page 1, Line 21
House Floor Amendments
3-3-2010 :
21 based on Utah law H.
by federal agencies, as defined in this bill,
, except as authorized by
{
this
bill
}
agreement with the appropriate state or local law enforcement agency
.H ;
2. Page 1, Line 24a
House Floor Amendments
3-3-2010 :
24a agency
, as defined in this bill,
may not be for
3. Page 2, Line 54
House Floor Amendments
3-3-2010 :
54 (4) federal officers.
{
, as limited by Sections
53-13-106
and
53-13-106.5
}
4. Page 3, Lines 67 through 71 :
67 (b)
(i)
{
Notwithstanding Subsection (2), federal
}
Federal
officers listed in Subsection
(1)(a) have
68
{
[
}
statewide
{
]
}
law enforcement authority relating to felony offenses under the laws of this state
69
{
only as established by agreement under Section
53-13-106.5
}
.
This Subsection (1)(b)(i) takes
precedence over Subsection (2).
(ii) Federal agencies and federal employees as defined in Subsection 53-13-106.5(1) may
exercise law enforcement authority related to felony offenses under Utah law only as established
by an agreement under Subsection 53-13-106.5(7). This Subsection (1)(b)(ii) takes precedence
over Subsection (2).
70 (c) The council may designate other federal peace officers, as necessary
{
, and as limited
71 by Section 53-13-106.5 } , if the officers:
5. Page 5, Lines 122 through 123
House Floor Amendments
3-3-2010 :
122 Utah Administrative Rules, or county or municipal ordinances as a basis to arrest
{
,
}
or
cite
{
, or
123 prosecute } persons
for prosecution
in the federal criminal justice system, unless the action:
6. Page 5, Lines 125 through 131
House Floor Amendments
3-3-2010 :
125 (b) is consistent with the Constitution of the United States.
126
{
(6) (a) Utah and its political subdivisions may choose to not comply with or implement
127 federal mandates which purport to require that state and local law enforcement agencies
128 enforce unconstitutional federal laws and related regulations, except as specifically provided in
129 Utah law and under Subsection (6)(b).
130 (b) This Subsection (6) does not prohibit state and local law enforcement agencies
131 from entering into contracts with the Secretary of Interior pursuant to 43 U.S.C. 1733(c)(1). }
7. Page 5, Lines 132 through 134
House Floor Amendments
3-3-2010 :
132
{
(7)
}
(6)
State and local government agencies may not allow any federal agency access to or
133 use of the
correctional and communication
facilities and equipment of any state or local law
enforcement agency without the
134 express written consent of the
{
head
}
appropriate responsible official
of the state or local law
enforcement agency.
8. Page 5, Line 135
House Floor Amendments
3-3-2010 :
135
{
(8)
}
(7)
State and local law enforcement agencies may
{
not
}
enter into agreements with
9. Page 5, Lines 137 through 138
House Floor Amendments
3-3-2010 :
137
{
unless
}
provided
the agreements are limited to a term not to exceed H. [one year] two years .H .
138
{
(9)
}
(8)
(a) County sheriffs shall regularly review the duties and activities of federal
10. Page 5, Line 143
House Floor Amendments
3-3-2010 :
143 their jurisdiction the results of all reviews conducted under this Subsection
{
(9)
}
(8)
.
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