1st Sub. H.B. 164
         STATE AND POLITICAL SUBDIVISION JURISDICTIONAL AMENDMENTS

Senate Floor Amendments

Amendment 1 March 13, 2013 10:22 AM



Senator David P. Hinkins proposes the following amendments:

1.    Page 3, Line 80 through Page 4, Line 109 :    

             80          11-50-103. Local jurisdiction related to federally managed land.
             81          
  (1)       The authority of a chief executive officer of a political subdivision or county sheriff to

             82      exercise jurisdiction over federally managed land in the state that is encompassed by or
             83      adjacent to the political subdivision includes the following:
             84          
{   (1)   }        (a)       if the action or inaction of a federal agency related to federally managed land

             85      adversely affects or constitutes an imminent threat to the health, safety, or welfare of the people
             86      of the political subdivision, the chief executive officer or county sheriff may provide written
             87      notice to the federal agency, which notice shall:
             88          
{   (a)   }        (i)       be delivered to the federal agency by hand or by certified mail and a copy provided

             89      by certified mail to the governor, the state attorney general, and the state's Congressional
             90      delegation;
             91          
{   (b)   }        (ii)       include a detailed explanation of how the action or inaction of the federal agency

             92      related to federally managed land adversely affects or constitutes an imminent threat to the
             93      health, safety, or welfare of the people of the political subdivision;
             94          
{   (c)   }        (iii)       include a detailed description of the action the federal agency should take to

             95      mitigate the risk to the health, safety, or welfare of the people of the political subdivision; and
             96          
{   (d)   }        (iv)       provide a specific date by which time the federal agency should respond to the

             97      notice; and
             98          
{   (2)   }        (b)              subject to Subsection (2),       if after receiving notice as described in Subsection (1)(a), the federal agency does

             99      not respond by the date requested in the notice, or otherwise indicates that it is unwilling to
             100      take action to mitigate the risk to the health, safety, or welfare of the people of the political
             101      subdivision described in the notice, the chief executive officer or county sheriff may exercise
             102      jurisdictional authority by taking action to mitigate the risk to the health, safety, or welfare of
             103      the people of the political subdivision, which action may include:
             104          
{   (a)   }        (i)       entry onto the federally managed land by the chief executive officer or county

             105      sheriff and employees or agents of the chief executive officer or county sheriff as necessary to
             106      mitigate the risk to the health, safety, or welfare of the people of the political subdivision; and
             107          
{   (b)   }        (ii)       authorizing any vehicle as defined in Section 41-6a-102 and any equipment to be

             108      brought onto federally managed land and used as necessary to mitigate the risk to the health,
             109      safety, or welfare of the people of the political subdivision.

  (2) If after receiving a copy of the notice as described in Subsection (1)(a), the governor, by written notice by the date described in Subsection (1)(a)(iv), informs the chief executive officer or county sheriff that the governor objects to potential mitigation action being performed by the chief executive officer or county sheriff, the chief executive officer or county sheriff may not perform the mitigation action under Subsection (1)(b).      

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