S.B. 74 Enrolled

AMENDMENTS TO INTERLOCAL
COOPERATION ACT
2003 GENERAL SESSION
STATE OF UTAH
Sponsor: David L. Gladwell
This act modifies the Interlocal Cooperation Act to specify matters that can be the subject
of an interlocal agreement between two or more public agencies. The act modifies
provisions relating to the approval of certain agreements and imposes additional
requirements on agreements that are required to be approved by a public agency's
legislative body. The act provides for the powers, immunities, and privileges of law
enforcement officers performing duties under an interlocal agreement for law
enforcement services. The act expands the entities with which a political subdivision may
share its revenues. The act enacts provisions relating to the status of employees of public
agencies who perform duties under an interlocal agreement with another public agency.
The act also makes technical changes.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
11-13-202, as renumbered and amended by Chapter 286, Laws of Utah 2002
11-13-212, as renumbered and amended by Chapter 286, Laws of Utah 2002
11-13-215, as renumbered and amended by Chapter 286, Laws of Utah 2002
11-13-216, as renumbered and amended by Chapter 286, Laws of Utah 2002
11-13-222, as renumbered and amended by Chapter 286, Laws of Utah 2002
ENACTS:
11-13-202.5, Utah Code Annotated 1953
11-13-203.5, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 11-13-202 is amended to read:
11-13-202. Agreements for joint or cooperative action, for providing or
exchanging services, or for law enforcement services -- Effective date of agreement.

(1) Any two or more public agencies may enter into an agreement with one another under
this chapter:
(a) for joint or cooperative action [under this chapter.];
(b) to provide services that they are each authorized by statute to provide;
(c) to exchange services that they are each authorized by statute to provide;
(d) for a public agency to provide law enforcement services to one or more other public
agencies, if the public agency providing law enforcement services under the interlocal agreement
is authorized by law to provide those services, or to provide joint or cooperative law enforcement
services between or among public agencies that are each authorized by law to provide those
services; or
(e) to do anything else that they are each authorized by statute to do.
(2) An agreement under Subsection (1) does not take effect until [the governing body of
each public agency entering into the agreement adopts a resolution approving the agreement.] it
has been approved, as provided in Section 11-13-202.5 , by each public agency that is a party to
it.
Section 2. Section 11-13-202.5 is enacted to read:
11-13-202.5. Approval of certain agreements -- Review by attorney.
(1) Each agreement under Section 11-13-202 and each agreement under Section
11-13-212 shall be approved by:
(a) except as provided in Subsections (1)(b) and (c), the commission, board, council, or
other body or officer vested with the executive power of the public agency;
(b) the legislative body of the public agency if the agreement:
(i) requires the public agency to adjust its budget for a current or future fiscal year;
(ii) includes an out-of-state public agency as a party;
(iii) provides for the public agency to acquire or construct:
(A) a facility; or
(B) an improvement to real property;
(iv) provides for the public agency to acquire or transfer title to real property;

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(v) provides for the public agency to issue bonds;
(vi) creates an interlocal entity; or
(vii) provides for the public agency to share taxes or other revenues; or
(c) if the public agency is a public agency under Subsection 11-13-103 (13)(b), the
director or other head of the applicable state department, division, or agency.
(2) If an agreement is required under Subsection (1) to be approved by the public
agency's legislative body, the resolution or ordinance approving the agreement shall:
(a) specify the effective date of the agreement; and
(b) if the agreement creates an interlocal entity:
(i) declare that it is the legislative body's intent to create an interlocal entity;
(ii) describe the public purposes for which the interlocal entity is created; and
(iii) describe the powers, duties, and functions of the interlocal entity.
(3) The officer or body required under Subsection (1) to approve an agreement shall,
before the agreement may take effect, submit the agreement to the attorney authorized to
represent the public agency for review as to proper form and compliance with applicable law.
Section 3. Section 11-13-203.5 is enacted to read:
11-13-203.5. Powers, immunities, and privileges of law enforcement officers under
an agreement for law enforcement -- Requirements for out-of-state officers.
(1) While performing duties under an agreement for law enforcement services under
Subsection 11-13-202 (1)(d), whether inside or outside the law enforcement officer's own
jurisdiction, each law enforcement officer shall possess:
(a) all law enforcement powers that the officer possesses within the officer's own
jurisdiction, including the power to arrest; and
(b) the same immunities and privileges as if the duties were performed within the
officer's own jurisdiction.
(2) Each agreement between a Utah public agency and an out-of-state public agency
under Subsection 11-13-202 (1)(d) providing for reciprocal law enforcement services shall require
each person from the other state assigned to law enforcement duty in this state:

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(a) to be certified as a peace officer in the state of the out-of-state public agency; and
(b) to apply to the Peace Officer Standards and Training Council, created in Section
53-6-106 , for recognition before undertaking duties in this state under the agreement.
Section 4. Section 11-13-212 is amended to read:
11-13-212. Contracts between public agencies or with interlocal entities to perform
services, activities, or undertakings -- Facilities and improvements.
(1) (a) Public agencies may contract with each other and one or more public agencies may
contract with an interlocal entity created under this chapter to perform any service, activity, or
undertaking which each public agency entering into the contract is authorized by law to perform.
(b) Each contract under Subsection (1)(a) shall be authorized [by the governing body of
each party to the contract] as provided in Section 11-13-202.5 .
(c) Each contract under Subsection (1)(a) shall set forth fully the purposes, powers,
rights, objectives, and responsibilities of the contracting parties.
(d) In order to perform a service, activity, or undertaking provided for in a contract under
Subsection (1)(a), a public agency may create, construct, or otherwise acquire facilities or
improvements in excess of those required to meet the needs and requirements of the parties to the
contract.
(2) An interlocal entity created by agreement under this chapter may create, construct, or
otherwise acquire facilities or improvements to render services or provide benefits in excess of
those required to meet the needs or requirements of the public agencies that are parties to the
agreement if it is determined by the public agencies to be necessary to accomplish the purposes
and realize the benefits set forth in Section 11-13-102 .
Section 5. Section 11-13-215 is amended to read:
11-13-215. Sharing tax or other revenues.
[Any] (1) A county, city, town, or other local political subdivision may, at the discretion
of the local governing body, share its tax and other revenues with other counties, cities, towns, or
local political subdivisions, the state, or a federal government agency. [Any]
(2) Each decision to share tax and other revenues shall be [by local ordinance, resolution,

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or interlocal agreement] made as provided in Section 11-13-202.5 .
Section 6. Section 11-13-216 is amended to read:
11-13-216. Term of agreements.
Except as provided in Subsection 11-13-204 (3), each agreement [entered into] under this
chapter shall extend for a term of not to exceed 50 years [and shall be authorized by resolutions
adopted by the respective governing bodies].
Section 7. Section 11-13-222 is amended to read:
11-13-222. Officers and employees performing services under agreements.
[Officers] (1) Each officer and [employees] employee performing services for two or
more public agencies [pursuant to agreements executed] under an agreement under this chapter
shall be considered to be [officers and employees]:
(a) an officer or employee of the public agency employing [their] the officer or
employee's services even though [performing] the officer or employee performs those functions
outside of the territorial limits of any one of the contracting public agencies[,]; and [shall be
considered officers and employees]
(b) an officer or employee of the public agencies under the provisions of Title 63,
Chapter 30, [Utah] Governmental Immunity Act.
(2) Unless otherwise provided in an agreement that creates an interlocal entity, each
employee of a public agency that is a party to the agreement shall:
(a) remain an employee of that public agency, even though assigned to perform services
for another public agency under the agreement; and
(b) continue to be governed by the rules, rights, entitlements, and status that apply to an
employee of that public agency.
(3) All of the privileges, immunities from liability, exemptions from laws, ordinances,
and rules, pensions and relief, disability, workers compensation, and other benefits that apply to
an officer, agent, or employee of a public agency while performing functions within the territorial
limits of the public agency apply to the same degree and extent when the officer, agent, or
employee performs functions or duties under the agreement outside the territorial limits of that

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public agency.

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