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H.B. 202





Sponsor: Blake D. Chard

11    This act affects sections of Utah Code Annotated 1953 as follows:
12    AMENDS:
13         53-6-211, as last amended by Chapter 79, Laws of Utah 1996
14         63-11-17, as last amended by Chapter 299, Laws of Utah 1995
15         63-11-17.3, as enacted by Chapter 158, Laws of Utah 1971
16         63-34-6, as last amended by Chapters 92 and 101, Laws of Utah 1987
17         77-1a-1, as last amended by Chapters 38, 103 and 234, Laws of Utah 1993
18         77-1a-4, as last amended by Chapter 170, Laws of Utah 1996
19    ENACTS:
20         63-11-17.2, Utah Code Annotated 1953
21    Be it enacted by the Legislature of the state of Utah:
22        Section 1. Section 53-6-211 is amended to read:
23         53-6-211. Revocation, suspension, or refusal of certification -- Hearings -- Grounds
24     -- Notice to employer.
25        (1) (a) The director may, upon the concurrence of the majority of the council, revoke,
26    refuse, or suspend certification of a peace officer for cause.
27        (b) [The] Except as provided under Subsection (6), the council shall give the person or

1    peace officer involved prior notice and an opportunity for a full hearing before the council.
2        (c) The director, with the concurrence of the council, may by rule designate a presiding
3    officer to represent the council in adjudicative proceedings or hearings before the council.
4        (d) Any of the following constitute cause for action under Subsection (1) (a):
5        (i) willful falsification of any information to obtain certified status;
6        (ii) physical or mental disability affecting the employee's ability to perform his duties;
7        (iii) addiction to or the unlawful sale, possession, or use of narcotics, drugs, or drug
8    paraphernalia;
9        (iv) conviction of a felony or any crime involving dishonesty, unlawful sexual conduct,
10    physical violence, or driving under the influence of alcohol or drugs; or
11        (v) any conduct or pattern of conduct that would tend to disrupt, diminish, or otherwise
12    jeopardize public trust and fidelity in law enforcement.
13        (2) (a) Notwithstanding any expungement statute or rule of any other jurisdiction, any
14    conviction obtained in this state or other jurisdiction may be considered for purposes of this
15    section.
16        (b) In this section, "conviction" includes a conviction that has been expunged, dismissed,
17    or treated in a similar manner to either of these procedures.
18        (c) This provision applies to convictions entered both before and after the effective date
19    of this section.
20        (3) The director shall send notice to the governing body of the political subdivision
21    employing the peace officer and shall receive information or comments concerning the peace
22    officer from the governing body or the agency employing the officer before suspending or
23    revoking that peace officer's certification.
24        (4) Denial, suspension, or revocation procedures may not be initiated by the council when
25    an officer is terminated for infraction of his agency's policies, general orders, or similar guidelines
26    of operation that do not amount to any of the causes for denial, suspension, or revocation
27    enumerated in Subsection (1).
28        (5) (a) Termination of a peace officer, whether voluntary or involuntary, does not preclude
29    revocation or subsequent denial of peace officer certification status by the council if the peace
30    officer was terminated for any of the reasons under Subsection (1).
31        (b) Employment by another agency, or reinstatement of a peace officer by his parent

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1    agency after termination, whether the termination was voluntary or involuntary, does not preclude
2    revocation or subsequent denial of peace officer certification status by the council if the peace
3    officer was terminated for any of the reasons under Subsection (1).
4        (6) (a) When the cause for action is conviction of a felony, the proceedings prior to a
5    recommendation shall be limited to an informal review of written documentation by the presiding
6    officer.
7        (b) If the presiding officer determines that the peace officer has been convicted of a felony,
8    then the presiding officer shall recommend revocation.
9        (c) The peace officer may request an informal hearing before the presiding officer solely
10    to present evidence that there was no felony conviction, or that the conviction has been overturned,
11    reduced to a misdemeanor, or expunged.
12        (d) At the conclusion of an informal hearing, the presiding officer shall make a
13    recommendation to the director and the council.
14        Section 2. Section 63-11-17 is amended to read:
15         63-11-17. Powers and duties of board and Division of Parks and Recreation.
16        (1) The board may:
17        (a) establish the policies best designed to accomplish the objectives and purposes set out
18    in this act; and
19        (b) make [regulations] rules governing the use and protection of the state park system.
20        (2) (a) The division may acquire real and personal property in the name of the state by all
21    legal and proper means, including purchase, gifts, devise, eminent domain, lease, designation of
22    state land, exchange, or otherwise, subject to the approval of the executive director and the
23    governor.
24        (b) As used in this subsection, "real property" includes land under water as well as upland
25    and all other property commonly or legally defined as real property.
26        (c) In acquiring any real or personal property, or in establishing or designating any area
27    as herein authorized, the credit of the state may not be pledged without the consent of the
28    legislature.
29        [(3) (a) The board may enact appropriate regulations to protect state parks and property
30    from misuse or damage and to preserve the peace within state parks by deputizing agents of the
31    division as peace officers and by deputizing peace officers of the state's political subdivisions as

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1    agents of the Division of Parks and Recreation.]
2        [(b) The officers and administrators of the division and any other persons the division may
3    deputize shall have the same power and shall follow the same procedure in making arrests and the
4    handling of prisoners and in the general enforcement of this act as other peace officers.]
5        [(4)] (3) The Division of Wildlife Resources shall retain the power and jurisdiction
6    conferred upon it by law within state parks and on property controlled by the Division of Parks and
7    Recreation with reference to fish and game, subject to any reasonable rules and regulations the
8    Board of Parks and Recreation may make to ensure the accomplishment of the objectives and
9    purposes of this act.
10        [(5)] (4) The Division of Parks and Recreation shall permit multiple use of state parks and
11    property controlled by it for such purposes as grazing, fish and game, mining, development and
12    utilization of water and other natural resources, and other uses, subject to any reasonable rules and
13    regulations the board may make within the general policies of the Department of Natural
14    Resources to ensure the accomplishment of the objectives and purposes of this act.
15        [(6)] (5) (a) Before acquiring any real property, the division shall notify the county
16    legislative body of the county where the property is situated of its intention to acquire the property.
17        (b) If the county legislative body requests a hearing within ten days of receipt of the notice,
18    the board shall hold a public hearing in the county concerning the matter.
19        [(7)] (6) Acceptance of gifts or devises of land or other property shall be in the discretion
20    of the division, subject to the approval of the executive director of natural resources and the
21    governor.
22        [(8)] (7) (a) Acquisition of property by eminent domain shall be in the manner authorized
23    by Title 78, Chapter 34.
24        (b) The Division of Parks and Recreation may make charges for special services and use
25    of facilities, the income from which shall be available for park and recreation purposes.
26        (c) The division may conduct and operate those services necessary for the comfort and
27    convenience of the public.
28        (d) The board shall adopt appropriate rules governing the collection of charges under this
29    subsection.
30        [(9)] (8) The director of the division shall establish procedures for the issuance of permits
31    without charge to citizens of this state 62 years or older which shall be nontransferable, and shall

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1    entitle the permittee and any person accompanying the permittee in a single, private,
2    noncommercial vehicle to general admission without charge to any state park.
3        [(10)] (9) The division may lease or rent concessions of all lawful kinds and nature in state
4    parks and property to persons, partnerships, and corporations for a valuable consideration upon
5    the recommendation of the board by utilizing bid procedures established by the Department of
6    Finance.
7        [(11)] (10) The division shall proceed without delay to negotiate with the federal
8    government concerning the Weber Basin and other recreation and reclamation projects.
9        Section 3. Section 63-11-17.2 is enacted to read:
10         63-11-17.2. Peace officer authority of park rangers.
11        (1) The Division of Parks and Recreation has the duty to protect state parks and park
12    property from misuse or damage and to preserve the peace within state parks.
13        (2) Employees of the Division of Parks and Recreation who are POST certified peace
14    officers and who are designated as park rangers by the division director, are peace officers under
15    Section 77-1a-1, and have all the powers of peace officers in the state, with the exception of the
16    power to serve civil process.
17        (3) The Division of Parks and Recreation has the authority to deputize peace officers or
18    special function officers to assist park rangers on a full-time or temporary basis.
19        Section 4. Section 63-11-17.3 is amended to read:
20         63-11-17.3. Violation of law or board regulations -- Misdemeanor.
21        Any person who violates Section 63-11-17 or any of the [regulations] rules of the board
22    adopted pursuant to [these sections] this chapter is guilty of a class B misdemeanor.
23        Section 5. Section 63-34-6 is amended to read:
24         63-34-6. Division directors -- Appointment -- Removal -- Jurisdiction of executive
25     director -- Natural resources planning.
26        (1) The chief administrative officer of each division within the Department of Natural
27    Resources shall be a director. Each director shall be appointed by the executive director of the
28    Department of Natural Resources with the concurrence of the board having policy authority for
29    the division. The director of each division may be removed from office by the executive director
30    of the Department of Natural Resources. The appointment and term of office of the state engineer,
31    notwithstanding anything to the contrary contained in this section, shall be in accordance with

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1    Section 73-2-1.
2        (2) The executive director of the Department of Natural Resources shall have
3    administrative jurisdiction over each of the division directors for the purpose of implementing
4    department policy as established by the division boards. The executive director of the Department
5    of Natural Resources may consolidate personnel and service functions in the respective divisions
6    under his administrative jurisdiction to effectuate efficiency and economy in the operations of the
7    department, and may establish a departmental services division to perform service functions. This
8    jurisdiction includes the authority of the executive director to employ peace officers and special
9    function officers within the Department of Natural Resources.
10        (3) The executive director of the Department of Natural Resources, in cooperation with
11    the Utah Energy Conservation and Development Council and governmental entities having
12    policymaking authority regarding natural resources, is authorized to engage in studies and
13    comprehensive planning for the development and conservation of the state's natural resources.
14    Such plans shall be submitted to the governor for review and approval.
15        Section 6. Section 77-1a-1 is amended to read:
16         77-1a-1. Peace officer.
17        (1) (a) "Peace officer" means any employee of a law enforcement agency that is part of
18    or administered by the state or any of its political subdivisions, and whose duties consist primarily
19    of the prevention and detection of crime and the enforcement of criminal statutes or ordinances of
20    this state or any of its political subdivisions.
21        (b) "Peace officer" specifically includes the following:
22        (i) any sheriff or deputy sheriff, police officer, or marshal of any county, city, or town;
23        (ii) the commissioner of public safety and any member of the Department of Public Safety
24    certified as a peace officer;
25        (iii) all persons specified in [Section] Sections 23-20-1.5 and 63-11-17.2;
26        (iv) any police officer employed by any college or university;
27        (v) investigators for the Motor Vehicle Enforcement Division;
28        (vi) special agents or investigators for the attorney general, district attorneys, and county
29    attorneys;
30        (vii) employees of the Department of Natural Resources designated as peace officers by
31    law; [and]

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1        (viii) school district police officers as designated by the board of education for the school
2    district;
3        (ix) the executive director of the Department of Corrections and any correctional
4    enforcement or investigative officer designated by the executive director and approved by the
5    commissioner of public safety and certified by the Peace [Officers] Officer Standards and Training
6    Division; [and]
7        (x) correctional enforcement, investigative, or adult probation and parole officers
8    employed by the Department of Corrections serving on or before July 1, 1993;
9        [(x)] (xi) members of a law enforcement agency established by a private college or
10    university provided that the college or university has been certified by the commissioner of public
11    safety according to rules of the Department of Public Safety[.];
12        (xii) security personnel defined in Section 53-1-109 serving on or before July 1, 1996; and
13        (xiii) employees of the Board of Pardons and Parole serving on or before September 1,
14    1993, whose primary responsibility is to prevent and detect crime, enforce criminal statutes, and
15    provide security to the Board of Pardons and Parole, and who are designated by the Board of
16    Pardons and Parole, approved by the commissioner of public safety, and certified by the Peace
17    Officer Standards and Training Division.
18        (2) Peace officers have statewide peace officer authority, but the authority extends to other
19    counties, cities, or towns only when they are acting under Title 77, Chapter 9, Uniform Act on
20    Fresh Pursuit. This limitation does not apply to any peace officer employed by the state. The
21    authority of peace officers employed by the Department of Corrections is regulated by Title 64,
22    Chapter 13, Department of Corrections -- State Prison.
23        (3) (a) A peace officer shall, prior to exercising peace officer authority, satisfactorily
24    complete the basic course at a certified peace officer training academy or pass a certification
25    examination as provided in Section 53-6-206, and be certified.
26        (b) In addition, a peace officer shall satisfactorily complete annual certified training of at
27    least 40 hours per year as directed by the director of the Peace Officer Standards and Training
28    Division, with the advice and consent of the Peace Officer Standards and Training Council.
29        Section 7. Section 77-1a-4 is amended to read:
30         77-1a-4. Special function officers.
31        (1) (a) "Special function officers" means persons performing specialized investigations,

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1    service of legal process, or security functions.
2        (b) "Special function officers" include state military police, constables, port-of-entry
3    agents as defined in Section 27-12-2, authorized employees or agents of the Department of
4    Transportation assigned to administer and enforce the provisions of Title 27, Chapter 17, Motor
5    Carrier Safety Act, school district security officers, Utah State Hospital security officers designated
6    pursuant to Section 62A-12-203, Utah State Developmental Center security officers designated
7    pursuant to Subsection 62A-5-206(9), fire arson investigators for any political subdivision of the
8    state, airport security officers of any airport owned or operated by the state or any of its political
9    subdivisions, railroad special agents deputized by a county sheriff under Section 17-30-2, and all
10    other persons designated by statute as having peace officer authority.
11        (c) Ordinance enforcement officers employed by municipalities or counties may be special
12    function officers.
13        (d) Employees of the Department of Natural Resources who have been designated to
14    conduct supplemental enforcement functions as a collateral duty shall be special function officers.
15        (2) (a) Special function officers have peace officer authority only while engaged in the
16    duties of their employment, and not for the purpose of general law enforcement. If the officer is
17    charged with security functions respecting facilities or property, the powers may be exercised only
18    in connection with acts occurring on the property where the officer is employed or when required
19    for the protection of the employer's interest, property, or employees.
20        (b) Airport security officers have total peace officer authority when on duty and when
21    acting in relation to the responsibilities of the airport at which they are employed, providing that
22    the powers may be exercised only in connection with acts occurring on the property of the airport.
23        (c) Special function officers may carry firearms only if authorized and under conditions
24    specified by the officer's employer or chief administrator. The carrying of firearms by constables
25    is authorized only while they are engaged in the duties of their employment.
26        (3) (a) A special function officer may not exercise the authority of a peace officer until the
27    officer has satisfactorily completed an approved basic training program for special function
28    officers as provided under Subsection (b) and the chief law enforcement officer or administrator
29    has certified this fact to the director of the Peace Officer Standards and Training Division. City
30    and county constables and their deputies shall certify their completion of training to the legislative
31    governing body of the county they serve.

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1        (b) The agency that the special function officer serves shall establish and maintain a basic
2    special function course and in-service training programs as approved by the director of the Peace
3    Officer Standards and Training Division with the advice and consent of the Peace Officer
4    Standards and Training Council. The training shall consist of no fewer than 40 hours per year and
5    shall be conducted by the agency's own staff or other agencies.

Legislative Review Note
    as of 12-11-96 1:14 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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