1     
POST FUNDING AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Marc K. Roberts

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9           This bill allows Peace Officer Standards and Training to create a fee schedule for
10     in-service training provided to local law enforcement agencies.
11     Highlighted Provisions:
12          This bill:
13          ▸      allows POST to create a fee schedule for in-service training.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          53-6-105, as last amended by Laws of Utah 2010, Chapter 313
21          53-6-107, as last amended by Laws of Utah 2002, Chapter 250
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 53-6-105 is amended to read:
25          53-6-105. Duties of director -- Powers -- Rulemaking.
26          (1) The director, with the advice of the council, shall:
27          (a) prescribe standards for the certification of a peace officer training academy, certify

28     an academy that meets the prescribed standards, and prescribe standards for revocation of
29     certification for cause;
30          (b) prescribe minimum qualifications for certification of peace officers appointed or
31     elected to enforce the laws of this state and its subdivisions and prescribe standards for
32     revocation of certification for cause;
33          (c) establish minimum requirements for the certification of training instructors and
34     establish standards for revocation of certification;
35          (d) provide for the issuance of appropriate certificates to those peace officers
36     completing the basic training programs offered by a certified academy or those persons who
37     pass a certification examination as provided for in this chapter;
38          (e) consult and cooperate with certified academy administrators and instructors for the
39     continued development and improvement of the basic training programs provided by the
40     certified academy and for the further development and implementation of advanced in-service
41     training programs;
42          (f) consult and cooperate with state institutions of higher education to develop
43     specialized courses of study for peace officers in the areas of criminal justice, police
44     administration, criminology, social sciences, and other related disciplines;
45          (g) consult and cooperate with other departments, agencies, and local governments
46     concerned with peace officer training;
47          (h) perform any other acts necessary to develop peace officer training programs within
48     the state;
49          (i) report to the council at regular meetings of the council and when the council
50     requires;
51          (j) recommend peace officer standards and training requirements to the commissioner,
52     governor, and the Legislature; [and]
53          (k) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
54     director shall, with the advice of the council, make rules necessary to administer this chapter[.];
55     and
56          (l) in conjunction with the council, develop a fee schedule for in-service training
57     programs in accordance with Section 63J-1-504.
58          (2) With the permission of the commissioner, the director may execute contracts on

59     behalf of the division with criminal justice agencies to provide training for employees of those
60     agencies if:
61          (a) the employees or the employing agency pay a registration fee equivalent to the cost
62     of the training; and
63          (b) the contract does not reduce the effectiveness of the division in its primary
64     responsibility of providing training for peace officers of the state.
65          (3) The director may:
66          (a) revoke certification of a certified academy for cause; and
67          (b) make training aids and materials available to local law enforcement agencies.
68          (4) The director shall, with the advice of the council, make rules:
69          (a) establishing minimum requirements for the certification of dispatcher training
70     instructors in a certified academy or interagency program and standards for revocation of this
71     certification;
72          (b) establishing approved curriculum and a basic schedule for the basic dispatcher
73     training course and the content of the dispatcher certification examination;
74          (c) providing for the issuance of appropriate certificates to a person who completes the
75     basic dispatcher course or who passes a dispatcher certification examination as provided for in
76     this chapter;
77          (d) establishing approved courses for certified dispatchers' annual training; and
78          (e) establishing a reinstatement procedure for a certified dispatcher who has not
79     obtained the required annual training hours.
80          Section 2. Section 53-6-107 is amended to read:
81           53-6-107. General duties of council.
82          (1) The council shall:
83          (a) advise the director regarding:
84          (i) the approval, certification, or revocation of certification of any certified academy
85     established in the state;
86          (ii) the refusal, suspension, or revocation of certification of a peace officer;
87          (iii) minimum courses of study, attendance requirements, and the equipment and
88     facilities to be required at a certified academy;
89          (iv) minimum qualifications for instructors at a certified academy;

90          (v) the minimum basic training requirements that peace officers shall complete before
91     receiving certification;
92          (vi) the minimum basic training requirements that dispatchers shall complete before
93     receiving certification; [and]
94          (vii) categories or classifications of advanced in-service training programs and
95     minimum courses of study and attendance requirements for the categories or classifications;
96     and
97          (viii) fees to be established for advanced in-service training programs in accordance
98     with Section 63J-1-504;
99          (b) recommend that studies, surveys, or reports, or all of them be made by the director
100     concerning the implementation of the objectives and purposes of this chapter;
101          (c) make recommendations and reports to the commissioner and governor from time to
102     time; and
103          (d) perform other acts as necessary to carry out the duties of the council in this chapter.
104          (2) The council may approve special function officers for membership in the Public
105     Safety Retirement System in accordance with Sections 49-14-201 and 49-15-201.






Legislative Review Note
Office of Legislative Research and General Counsel