H.B. 146

This document includes House Floor Amendments incorporated into the bill on Wed, Mar 3, 2010 at 11:57 AM by jeyring. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Wed, Mar 10, 2010 at 5:56 PM by rday. --> 1

LAW ENFORCEMENT BY FEDERAL LAND MANAGEMENT
2 AGENCY
3 2010 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Michael E. Noel
6 Senate Sponsor: Mark B. Madsen
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Public Safety Code regarding functions of federal officers within
11 Utah.
12 Highlighted Provisions:
13 This bill:
14 . defines federally managed land H. ;
14a . defines federal employee as a person who works for an agency that manages
14b federal land;
14c . defines federal agency as an agency that manages federal land .H ;
15 . provides that unless specified under Utah law, federal employees may only exercise
16 law enforcement authority authorized by federal statute and consistent with the
17 United States Constitution;
18 . provides that Utah does not recognize federal H. [ law enforcement ] agency .H
18a authority beyond
19 that necessary to manage, use, and protect federally managed lands;
20 . provides that Utah does not authorize federal H. [ law ] .H enforcement action or
20a prosecution
21 based on Utah law H. S. by federal agencies, as defined in this bill, .S , except as
21a authorized by S. [ this bill ] agreement with the appropriate state or local law enforcement
21b agency .S .H ;
22 . authorizes state and local law enforcement agencies to assist in enforcing federal
23 law on federally managed lands by authorized contract;
24 . provides that agreements with H. [ the ] a .H federal H. [ law enforcement ] .H
24a agency S. , as defined in this bill, .S may not be for
25 longer than H. [ one year ] two years .H ;
26 . provides that state and local law enforcement agencies may not allow federal H. [ law
27 enforcement ] .H agencies to use state or local resources without the written consent of

28 the head of the state or local law enforcement agency; H. and .H
29 . requires the county sheriff to review the activities of any federal H. [ law ] .H
29a enforcement
30 agency within the county and report to the county attorney H. [ ; 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 ] .H .
35 Monies Appropriated in this Bill:
36 None
37 Other Special Clauses:
38 None
39 Utah Code Sections Affected:
40 AMENDS:
41 53-13-102, as renumbered and amended by Laws of Utah 1998, Chapter 282
42 53-13-106, as last amended by Laws of Utah 2008, Chapter 382
43 ENACTS:
44 53-13-106.5, Utah Code Annotated 1953
45
46 Be it enacted by the Legislature of the state of Utah:
47 Section 1. Section 53-13-102 is amended to read:
48 53-13-102. Peace officer classifications.
49 The following officers may exercise peace officer authority only as specifically
50 authorized by law:
51 (1) law enforcement officers;
52 (2) correctional officers;
53 (3) special function officers; and
54 (4) federal officers S. [ , as limited by Sections 53-13-106 and 53-13-106.5 ] .S .
55 Section 2. Section 53-13-106 is amended to read:
56 53-13-106. Federal officers -- State law enforcement authority.
57 (1) (a) "Federal officer" includes:
58 (i) a special agent of the Federal Bureau of Investigation;

59 (ii) a special agent of the United States Secret Service;
60 (iii) a special agent of the United States Department of Homeland Security, excluding a
61 customs inspector or detention removal officer;
62 (iv) a special agent of the Bureau of Alcohol, Tobacco and Firearms;
63 (v) a special agent of the Drug Enforcement Administration;
64 (vi) a United States marshal, deputy marshal, and special deputy United States marshal;
65 and
66 (vii) a U.S. Postal Inspector of the United States Postal Inspection Service.
67 (b) S. [ Notwithstanding Subsection (2), federal ] (i) Federal .S officers listed in
67a Subsection (1)(a) have
68 S. [ [ ] statewide [ ] ] .S law enforcement authority relating to felony offenses under the laws of
68a this state
69 S. [ only as established by agreement under Section 53-13-106.5 . ] . This Subsection (1)(b)(i) takes
69a precedence over Subsection (2).
69b

(ii) Federal agencies and federal employees as defined in Subsection 53-13-106.5(1) may
69c exercise law enforcement authority related to felony offenses under Utah law only as
69d established by an agreement under Subsection 53-13-106.5(7). This Subsection (1)(b)(ii) takes
69e precedence over Subsection (2). .S
70 (c) The council may designate other federal peace officers, as necessary S. [ , and as limited
71 by Section 53-13-106.5 ] .S , if the officers:
72 (i) are persons employed full-time by the United States government as federally
73 recognized law enforcement officers primarily responsible for the investigation and
74 enforcement of the federal laws;
75 (ii) have successfully completed formal law enforcement training offered by an agency
76 of the federal government consisting of not less than 400 hours; and
77 (iii) maintain in-service training in accordance with the standards set forth in Section
78 53-13-103 .
79 (2) Except as otherwise provided under Title 63L, Chapter [8] 1, Federal Jurisdiction,
80 and Title 77, Chapter 9, Uniform Act on Fresh Pursuit, a federal officer may exercise state law
81 enforcement authority only if:
82 (a) the state law enforcement agencies and county sheriffs with jurisdiction enter into
83 an agreement with the federal agency to be given authority; and
84 (b) except as provided in Subsection (3), each federal officer employed by the federal

85 agency meets the waiver requirements set forth in Section 53-6-206 .

86 (3) A federal officer working as such in the state on or before July 1, 1995, may
87 exercise state law enforcement authority without meeting the waiver requirement.
88 (4) At any time, consistent with any contract with a federal agency, a state or local law
89 enforcement authority may withdraw state law enforcement authority from any individual

90 federal officer by sending written notice to the federal agency and to the division.
91 (5) The authority of a federal officer under this section is limited to the jurisdiction of
92 the authorizing state or local agency, and may be further limited by the state or local agency to
93 enforcing specific statutes, codes, or ordinances.
94 Section 3. Section 53-13-106.5 is enacted to read:
95 53-13-106.5. State limitations on functions of federal law enforcement officers.
96 (1) As used in this section H. [ , "federally ] :
96a (a) "Federal agency" means a federal agency that manages federally managed land.
96b (b) "Federal employee" means an employee of:
96c (i) the Bureau of Land Management;
96d (ii) the United States Forest Service; or
96e (iii) the National Park Service; and
96f (c) "Federally .H managed land" means land managed by the
97 following federal agencies:
98 H. [ (a) ] (i) .H Bureau of Land Management;
99 H. [ (b) ] (ii) .H United States Forest Service; and
100 H. [ (c) ] (iii) .H the National Park Service.
101 (2) Unless otherwise provided by Utah law, federal employees performing their duties
102 in Utah:
103 (a) may not exercise law enforcement authority solely because the land on which they
104 exercise the authority is federally managed; and
105 (b) may exercise only law enforcement authority:
106 (i) expressly granted by federal statute; and
107 (ii) consistent with the Constitution of the United States.
108 (3) H. [ (a) ] .H Utah does not authorize federal employees to exercise law
108a enforcement powers
109 to enforce the laws of Utah, either on or off federally managed land H. [ .
110 (b) This Subsection (3) takes precedence over any other Utah law. ] except as authorized
110a under this section or other provisions of state statute. .H
111 (4) (a) Utah does not recognize the authority of employees or agents of the United
112 States Department of Interior to exercise law enforcement powers beyond those powers strictly
113 necessary for the management, use, and protection of federally managed lands, including
114 property located on these lands, as limited by 43 U.S.C. 1733(a) and 1733(c)(2).
115 (b) As required by Congress in 43 U.S.C. 1733(c)(1), when the Secretary of Interior
116 determines that state or local assistance is necessary in enforcing federal laws and regulations
117 relating to federally managed lands or the resources on those lands, the secretary shall offer a
118 contract to appropriate state or local law enforcement agencies of the state with the purpose of
119 achieving maximum feasible reliance upon state or local law enforcement officials in enforcing
120 the federal laws and regulations.

121 (5) Utah does not authorize federal employees to take action based on the Utah Code,
122 Utah Administrative Rules, or county or municipal ordinances as a basis to arrest S. [ , ] or .S cite
122a S. [ , or
123 prosecute ] .S persons S. for prosecution .S in the federal criminal justice system, unless the
123a action:
124 (a) has been expressly granted by federal statute; and
125 (b) is consistent with the Constitution of the United States.
126 S. [ (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). ]
132 [ (7) ] (6) .S State and local government agencies may not allow any federal agency
132a access to or
133 use of the S. correctional and communication .S facilities and equipment of any state or local
133a law enforcement agency without the
134 express written consent of the S. [ head ] appropriate responsible official .S of the state or local
134a law enforcement agency.
135 S. [ (8) ] (7) .S State and local law enforcement agencies may S. [ not ] .S enter into
135a agreements with
136 federal agencies granting concurrent authority to enforce federal laws and state and local laws,
137 S. [ unless ] provided .S the agreements are limited to a term not to exceed H. [ one year ] two
137a years .H .
138 S. [ (9) ] (8) .S (a) County sheriffs shall regularly review the duties and activities of federal
139 agencies that have law enforcement responsibilities and that are acting within the jurisdictional
140 area of the county to ascertain whether the federal agencies are acting consistently with this
141 section.
142 (b) County sheriffs shall annually report to the county attorney or district attorney of
143 their jurisdiction the results of all reviews conducted under this Subsection S. [ (9) ] (8) .S .
144 H. [ (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. ] .H

Legislative Review Note
as of 11-16-09 6:41 AM

Office of Legislative Research and General Counsel