1     
LAW ENFORCEMENT REVISIONS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Michael E. Noel

5     
Senate Sponsor: David P. Hinkins

6     

7     LONG TITLE
8     General Description:
9          This bill enacts provisions relating to law enforcement on public land and on land to
10     which the federal government has obtained right or title.
11     Highlighted Provisions:
12          This bill:
13          ▸     provides for the chief executive officer of a political subdivision or a county sheriff
14     to determine whether:
15               •     the Bureau of Land Management or the United States Department of the Interior
16     is complying with certain provisions of federal law relating to agreements for
17     local law enforcement to enforce federal law and regulations on public lands; or
18               •     a federal law enforcement official is exceeding the law enforcement official's
19     jurisdiction in relation to certain land; and
20          ▸     addresses legal action to enforce the provisions of the bill.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     ENACTS:
27          53-13-106.11, Utah Code Annotated 1953

28          53-13-106.12, Utah Code Annotated 1953
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 53-13-106.11 is enacted to read:
32          53-13-106.11. Agreement for local law enforcement to enforce federal law -- Legal
33     recourse to enforce.
34          (1) As used in this section:
35          (a) "Bureau" means the Bureau of Land Management, within the department.
36          (b) "Department" means the United States Department of the Interior.
37          (2) The chief executive officer of a political subdivision or a county sheriff may, in
38     accordance with Subsection (3), determine that the bureau's failure to enter into an agreement
39     described in Subsection 53-13-106.9(3) violates the political subdivision's rights under 43
40     U.S.C. Sec. 1733(c)(1).
41          (3) In evaluating whether a violation of 43 U.S.C. Sec. 1733(c)(1) has occurred, the
42     chief executive officer of a political subdivision or a county sheriff may consider:
43          (a) whether the bureau or the department has, by the words or actions of an employee
44     or agent of the bureau or department, effectively determined that assistance is necessary in
45     enforcing federal laws and regulations relating to public lands or the resources of public lands;
46          (b) whether the bureau or the department has:
47          (i) offered to contract with appropriate officials of the political subdivision that have
48     law enforcement authority in the political subdivision's jurisdiction; and
49          (ii) made an offer described in Subsection (3)(b)(i) with the view of achieving
50     maximum feasible reliance upon local law enforcement officials in enforcing federal laws and
51     regulations relating to public lands or the resources of public lands;
52          (c) whether the bureau or the department has negotiated on reasonable terms with local
53     officials who have authority to enter into a contract described in Subsection (3)(b);
54          (d) whether the contract described in Subsection (3)(b) authorizes the local law
55     enforcement officials and the local law enforcement official's agents to:
56          (i) carry firearms;
57          (ii) execute and serve any warrant or other process issued by a court or officer of
58     competent jurisdiction;

59          (iii) make arrests without a warrant or process for:
60          (A) a misdemeanor that a local law enforcement official or an agent of the local law
61     enforcement official has reasonable grounds to believe is being committed in the local law
62     enforcement official's or agent's presence or view; or
63          (B) a felony if a local law enforcement official or an agent of the local law enforcement
64     official has reasonable grounds to believe that the person to be arrested has committed or is
65     committing a felony;
66          (iv) search without a warrant or process any person, place, or conveyance, in
67     accordance with federal law or rule of law; and
68          (v) seize without a warrant or process any evidentiary item as provided by federal law;
69          (e) whether the bureau or department has provided law enforcement training as the
70     bureau or department determines is necessary in order to carry out the contracted
71     responsibilities; and
72          (f) whether the local law enforcement officials and their agents will be guaranteed,
73     under the contract, all immunities of federal law enforcement officials while exercising the
74     powers and authorities granted in the contract.
75          (4) If, after consulting with the attorney general, the chief executive officer of a
76     political subdivision or a county sheriff makes the determination described in Subsection (2),
77     the chief executive officer or county sheriff shall:
78          (a) in accordance with Subsection (5), serve notice of the determination on the bureau
79     personally or by certified mail; and
80          (b) provide a copy of the notice described in Subsection (4)(a) to the governor, the
81     attorney general, the state's congressional delegation, and the head of the department.
82          (5) The notice described in Subsection (4) shall include:
83          (a) a detailed explanation of the basis for determining that the bureau has violated 43
84     U.S.C. Sec. 1733(c)(1);
85          (b) a demand that the bureau and the department cease the violation and comply with
86     43 U.S.C. Sec. 1733(c)(1); and
87          (c) a specific date, no less than 30 days after the day on which the notice is served, by
88     which time the bureau and the department shall:
89          (i) cease the violation and comply with 43 U.S.C. Sec. 1733(c)(1); or

90          (ii) provide the chief executive officer or county sheriff described in Subsection (4)
91     with a plan for ceasing the violation and complying with 43 U.S.C. Sec. 1733(c)(1) that is
92     reasonably acceptable to the political subdivision.
93          (6) The chief executive officer of a political subdivision or a county sheriff may agree
94     to a plan described in Subsection (5)(c)(ii).
95          (7) (a) If, after the notice described in Subsections (4) and (5) is served, the bureau or
96     the department does not respond by the date described in Subsection (5)(c) or otherwise
97     indicate that the bureau or the department is unwilling to take action to cease the violation of
98     43 U.S.C. Sec. 1733(c)(1), the chief executive officer or county sheriff may, after consultation
99     with the county attorney and the attorney general, pursue all available legal remedies.
100          (b) In seeking any emergency injunction for a violation of 43 U.S.C. Sec. 1733(c)(1), a
101     chief executive officer of a political subdivision or a county sheriff shall attempt, to the extent
102     possible, to coordinate with the state, the bureau, and the department.
103          Section 2. Section 53-13-106.12 is enacted to read:
104          53-13-106.12. Law enforcement actions exceeding jurisdiction over proprietorial
105     federal land -- Procedure for determination and legal recourse.
106          (1) As used in this section:
107          (a) "Bureau" means the Bureau of Land Management, within the department.
108          (b) "Department" means the United States Department of the Interior.
109          (c) "Proprietorial federal land" means land to which the federal government:
110          (i) has acquired right or title; and
111          (ii) has not obtained any of the state's authority over the land.
112          (2) The chief executive officer of a political subdivision or a county sheriff may, in
113     accordance with Subsection (3), determine that action of a law enforcement official of the
114     bureau, in relation to proprietorial federal land, exceeds the bureau's jurisdiction.
115          (3) In evaluating whether the action described in Subsection (2) exceeds the bureau's
116     jurisdiction in relation to proprietorial federal land, the chief executive officer of a political
117     subdivision or a county sheriff may consider:
118          (a) the nature and seriousness of the action of the bureau's law enforcement official;
119          (b) the nature of the bureau's jurisdiction in relation to the proprietorial federal land;
120          (c) the policies, plans, and positions of the political subdivision and county sheriff in

121     the affected county that are relevant to action taken by a law enforcement official of the bureau;
122     and
123          (d) the extent and nature of any communications between the bureau, the political
124     subdivision, and the county sheriff regarding:
125          (i) the actions of the bureau's law enforcement official; or
126          (ii) the political subdivision's and county sheriff's policies, plans, and positions.
127          (4) If, after consulting with the attorney general, the chief executive officer of a
128     political subdivision or a county sheriff makes the determination described in Subsection (2),
129     the chief executive officer or county sheriff shall:
130          (a) in accordance with Subsection (5), serve notice of the determination on the bureau
131     personally or by certified mail; and
132          (b) provide a copy of the notice described in Subsection (4)(a) to the governor, the
133     attorney general, the state's congressional delegation, and the head of the department.
134          (5) The notice described in Subsection (4) shall include:
135          (a) a detailed explanation of the basis for determining that the actions of a law
136     enforcement official of the bureau exceed the bureau's jurisdiction in relation to the
137     proprietorial federal land;
138          (b) a demand that the bureau and the department cease repetition of the law
139     enforcement official's actions, and conform the official's future actions to the bureau's
140     jurisdiction in relation to the affected proprietorial federal land; and
141          (c) a specific date, no less than 30 days after the day on which the notice is served, by
142     which time the bureau and the department shall:
143          (i) ensure that the bureau's law enforcement official keeps the law enforcement
144     official's actions within the limits of the bureau's jurisdiction in relation to the affected
145     proprietorial federal land; or
146          (ii) provide the chief executive officer or county sheriff described in Subsection (4)
147     with a plan for ensuring that the bureau's law enforcement official's actions will be kept within
148     the limits of the bureau's jurisdiction in relation to the affected proprietorial federal land.
149          (6) The chief executive officer of a political subdivision or a county sheriff may agree
150     to a plan described in Subsection (5)(c)(ii).
151          (7) (a) If, after the notice described in Subsections (4) and (5) is served, the bureau or

152     the department does not respond by the date described in Subsection (5)(c) or otherwise
153     indicates that the bureau or department is unwilling to comply with the demands described in
154     Subsections (5)(b) and (c), the chief executive officer or county sheriff may, after consultation
155     with the county attorney and the attorney general, pursue all available legal remedies.
156          (b) In seeking any emergency injunction against the actions of a law enforcement
157     official of the bureau that exceed the bureau's jurisdiction in relation to proprietorial federal
158     land, a chief executive officer of a political subdivision or a county sheriff shall attempt, to the
159     extent possible, to coordinate with the state, the bureau, and the department.






Legislative Review Note
Office of Legislative Research and General Counsel