First Substitute S.B. 74

Senator David L. Gladwell proposes the following substitute bill:

1 AMENDMENTS TO INTERLOCAL
2 COOPERATION ACT
3 2003 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: David L. Gladwell
6 This act modifies the Interlocal Cooperation Act to specify matters that can be the subject
7 of an interlocal agreement between two or more public agencies. The act modifies
8 provisions relating to the approval of certain agreements and imposes additional
9 requirements on agreements that are required to be approved by a public agency's
10 legislative body. The act provides for the powers, immunities, and privileges of law
11 enforcement officers performing duties under an interlocal agreement for law
12 enforcement services. The act expands the entities with which a political subdivision may
13 share its revenues. The act enacts provisions relating to the status of employees of public
14 agencies who perform duties under an interlocal agreement with another public agency.
15 The act also makes technical changes.
16 This act affects sections of Utah Code Annotated 1953 as follows:
17 AMENDS:
18 11-13-202, as renumbered and amended by Chapter 286, Laws of Utah 2002
19 11-13-212, as renumbered and amended by Chapter 286, Laws of Utah 2002
20 11-13-215, as renumbered and amended by Chapter 286, Laws of Utah 2002
21 11-13-216, as renumbered and amended by Chapter 286, Laws of Utah 2002
22 11-13-222, as renumbered and amended by Chapter 286, Laws of Utah 2002
23 ENACTS:
24 11-13-202.5, Utah Code Annotated 1953
25 11-13-203.5, Utah Code Annotated 1953

26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 11-13-202 is amended to read:
28 11-13-202. Agreements for joint or cooperative action, for providing or
29 exchanging services, or for law enforcement services -- Effective date of agreement.
30 (1) Any two or more public agencies may enter into an agreement with one another
31 under this chapter:
32 (a) for joint or cooperative action [under this chapter.];
33 (b) to provide services that they are each authorized by statute to provide;
34 (c) to exchange services that they are each authorized by statute to provide;
35 (d) for a public agency to provide law enforcement services to one or more other public
36 agencies, if the public agency providing law enforcement services under the interlocal
37 agreement is authorized by law to provide those services, or to provide joint or cooperative law
38 enforcement services between or among public agencies that are each authorized by law to
39 provide those services; or
40 (e) to do anything else that they are each authorized by statute to do.
41 (2) An agreement under Subsection (1) does not take effect until [the governing body
42 of each public agency entering into the agreement adopts a resolution approving the
43 agreement.] it has been approved, as provided in Section 11-13-202.5 , by each public agency
44 that is a party to it.
45 Section 2. Section 11-13-202.5 is enacted to read:
46 11-13-202.5. Approval of certain agreements -- Review by attorney.
47 (1) Each agreement under Section 11-13-202 and each agreement under Section
48 11-13-212 shall be approved by:
49 (a) except as provided in Subsections (1)(b) and (c), the commission, board, council, or
50 other body or officer vested with the executive power of the public agency;
51 (b) the legislative body of the public agency if the agreement:
52 (i) requires the public agency to adjust its budget for a current or future fiscal year;
53 (ii) includes an out-of-state public agency as a party;
54 (iii) provides for the public agency to acquire or construct:
55 (A) a facility; or
56 (B) an improvement to real property;

57 (iv) provides for the public agency to acquire or transfer title to real property;
58 (v) provides for the public agency to issue bonds;
59 (vi) creates an interlocal entity; or
60 (vii) provides for the public agency to share taxes or other revenues; or
61 (c) if the public agency is a public agency under Subsection 11-13-103 (13)(b), the
62 director or other head of the applicable state department, division, or agency.
63 (2) If an agreement is required under Subsection (1) to be approved by the public
64 agency's legislative body, the resolution or ordinance approving the agreement shall:
65 (a) specify the effective date of the agreement; and
66 (b) if the agreement creates an interlocal entity:
67 (i) declare that it is the legislative body's intent to create an interlocal entity;
68 (ii) describe the public purposes for which the interlocal entity is created; and
69 (iii) describe the powers, duties, and functions of the interlocal entity.
70 (3) The officer or body required under Subsection (1) to approve an agreement shall,
71 before the agreement may take effect, submit the agreement to the attorney authorized to
72 represent the public agency for review as to proper form and compliance with applicable law.
73 Section 3. Section 11-13-203.5 is enacted to read:
74 11-13-203.5. Powers, immunities, and privileges of law enforcement officers under
75 an agreement for law enforcement -- Requirements for out-of-state officers.
76 (1) While performing duties under an agreement for law enforcement services under
77 Subsection 11-13-201 (1)(d), whether inside or outside the law enforcement officer's own
78 jurisdiction, each law enforcement officer shall possess:
79 (a) all law enforcement powers that the officer possesses within the officer's own
80 jurisdiction, including the power to arrest; and
81 (b) the same immunities and privileges as if the duties were performed within the
82 officer's own jurisdiction.
83 (2) Each agreement between a Utah public agency and an out-of-state public agency
84 under Subsection 11-13-202 (1)(d) providing for reciprocal law enforcement services shall
85 require each person from the other state assigned to law enforcement duty in this state:
86 (a) to be certified as a peace officer in the state of the out-of-state public agency; and
87 (b) to apply to the Peace Officer Standards and Training Council, created in Section

88 53-6-106 , for recognition before undertaking duties in this state under the agreement.
89 Section 4. Section 11-13-212 is amended to read:
90 11-13-212. Contracts between public agencies or with interlocal entities to
91 perform services, activities, or undertakings -- Facilities and improvements.
92 (1) (a) Public agencies may contract with each other and one or more public agencies
93 may contract with an interlocal entity created under this chapter to perform any service,
94 activity, or undertaking which each public agency entering into the contract is authorized by
95 law to perform.
96 (b) Each contract under Subsection (1)(a) shall be authorized [by the governing body of
97 each party to the contract] as provided in Section 11-13-202.5 .
98 (c) Each contract under Subsection (1)(a) shall set forth fully the purposes, powers,
99 rights, objectives, and responsibilities of the contracting parties.
100 (d) In order to perform a service, activity, or undertaking provided for in a contract
101 under Subsection (1)(a), a public agency may create, construct, or otherwise acquire facilities
102 or improvements in excess of those required to meet the needs and requirements of the parties
103 to the contract.
104 (2) An interlocal entity created by agreement under this chapter may create, construct,
105 or otherwise acquire facilities or improvements to render services or provide benefits in excess
106 of those required to meet the needs or requirements of the public agencies that are parties to the
107 agreement if it is determined by the public agencies to be necessary to accomplish the purposes
108 and realize the benefits set forth in Section 11-13-102 .
109 Section 5. Section 11-13-215 is amended to read:
110 11-13-215. Sharing tax or other revenues.
111 [Any] (1) A county, city, town, or other local political subdivision may, at the
112 discretion of the local governing body, share its tax and other revenues with other counties,
113 cities, towns, or local political subdivisions, the state, or a federal government agency. [Any]
114 (2) Each decision to share tax and other revenues shall be [by local ordinance,
115 resolution, or interlocal agreement] made as provided in Section 11-13-202.5 .
116 Section 6. Section 11-13-216 is amended to read:
117 11-13-216. Term of agreements.
118 Except as provided in Subsection 11-13-204 (3), each agreement [entered into] under

119 this chapter shall extend for a term of not to exceed 50 years [and shall be authorized by
120 resolutions adopted by the respective governing bodies].
121 Section 7. Section 11-13-222 is amended to read:
122 11-13-222. Officers and employees performing services under agreements.
123 [Officers] (1) Each officer and [employees] employee performing services for two or
124 more public agencies [pursuant to agreements executed] under an agreement under this chapter
125 shall be considered to be [officers and employees]:
126 (a) an officer or employee of the public agency employing [their] the officer or
127 employee's services even though [performing] the officer or employee performs those functions
128 outside of the territorial limits of any one of the contracting public agencies[,]; and [shall be
129 considered officers and employees]
130 (b) an officer or employee of the public agencies under the provisions of Title 63,
131 Chapter 30, [Utah] Governmental Immunity Act.
132 (2) Unless otherwise provided in an agreement that creates an interlocal entity, each
133 employee of a public agency that is a party to the agreement shall:
134 (a) remain an employee of that public agency, even though assigned to perform
135 services for another public agency under the agreement; and
136 (b) continue to be governed by the rules, rights, entitlements, and status that apply to an
137 employee of that public agency.
138 (3) All of the privileges, immunities from liability, exemptions from laws, ordinances,
139 and rules, pensions and relief, disability, workers compensation, and other benefits that apply
140 to an officer, agent, or employee of a public agency while performing functions within the
141 territorial limits of the public agency apply to the same degree and extent when the officer,
142 agent, or employee performs functions or duties under the agreement outside the territorial
143 limits of that public agency.