1     
CATASTROPHIC WILDFIRE REVISIONS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ken Ivory

5     
Senate Sponsor: Evan J. Vickers

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the Catastrophic Public Nuisance Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     provides that, under certain circumstances, the state shall indemnify, defend, and
13     hold a chief executive officer or county sheriff harmless from any claims or
14     damages, including court costs and attorney fees that are assessed as a result of the
15     chief executive officer's or county sheriff's action in abating a catastrophic public
16     nuisance;
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          11-51a-104, as enacted by Laws of Utah 2015, Chapter 419
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 11-51a-104 is amended to read:
27          11-51a-104. Emergency abatement of a catastrophic public nuisance.

28          (1) If a chief executive officer of a political subdivision or a county sheriff determines
29     that a public nuisance exists on federally managed land, pursuant to Subsection 11-51a-103(1),
30     and the chief executive officer of a political subdivision or the county sheriff also finds that the
31     catastrophic public nuisance in question adversely affects, or constitutes a threat to, the public
32     health, safety, and welfare of the people of the political subdivision, the chief executive officer
33     of the political subdivision or the county sheriff may, after consulting with the attorney general,
34     pursue all remedies allowed by law.
35          (2) In seeking an emergency abatement of a catastrophic public nuisance, a chief
36     executive officer of a political subdivision or a county sheriff shall attempt, as much as
37     possible, to:
38          (a) coordinate with state and federal agencies; and
39          (b) seek the advice of professionals, including private sector professionals, with
40     expertise in abating a catastrophic public nuisance.
41          (3) The state shall indemnify, defend, and hold a chief executive officer or county
42     sheriff harmless from any claims or damages, including court costs and attorney fees that are
43     assessed as a result of the chief executive officer's or county sheriff's action, if:
44          (a) the chief executive officer or county sheriff has complied with the provisions of this
45     chapter;
46          (b) the chief executive officer or county sheriff seeks and receives approval for the
47     chief executive officer's or county sheriff's actions from the Legislative Management
48     Committee;
49          (c) the court challenge against the chief executive officer or county sheriff addresses
50     the chief executive officer's or county sheriff's action in abating a catastrophic public nuisance;
51     and
52          (d) the chief executive officer's or county sheriff's actions in abating the catastrophic
53     public nuisance were reasonable.






Legislative Review Note
Office of Legislative Research and General Counsel