This document includes House Committee Amendments incorporated into the bill on Wed, Feb 6, 2019 at 11:33 AM by pflowers.




Chief Sponsor: Mike Winder

Senate Sponsor: Daniel McCay


9     General Description:
10          This bill addresses an interlocal agreement between a county and one or more
11     municipalities to provide law enforcement service.
12     Highlighted Provisions:
13          This bill:
14          ▸     requires that an interlocal agreement between a county and one or more
15     municipalities to provide law enforcement service requires or appoints a certain
16     individual to provide or direct law enforcement service, depending on the county
17     classification; and
18          ▸     makes technical and conforming changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          11-13-202, as last amended by Laws of Utah 2018, Chapter 424
26          17-22-2, as last amended by Laws of Utah 2017, Chapter 459

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 11-13-202 is amended to read:
30          11-13-202. Agreements for joint or cooperative undertaking, for providing or
31     exchanging services, or for law enforcement services -- Effective date of agreement --
32     Public agencies may restrict their authority or exempt each other regarding permits and
33     fees.
34          (1) Any two or more public agencies may enter into an agreement with one another
35     under this chapter:
36          (a) for joint or cooperative action;
37          (b) to provide services that they are each authorized by statute to provide;
38          (c) to exchange services that they are each authorized by statute to provide;
39          (d) for a public agency to provide law enforcement services to one or more other public
40     agencies, if the public agency providing law enforcement services under the interlocal
41     agreement is authorized by law to provide those services, or to provide joint or cooperative law
42     enforcement services between or among public agencies that are each authorized by law to
43     provide those services;
44          (e) to create a transportation reinvestment zone as defined in Section 11-13-103; or
45          (f) to do anything else that they are each authorized by statute to do.
46          (2) An agreement under Subsection (1) does not take effect until [it has been approved]
47     each public agency that is a party to the agreement approves the agreement, as provided in
48     Section 11-13-202.5[, by each public agency that is a party to it].
49          (3) (a) In an agreement under Subsection (1), a public agency that is a party to the
50     agreement may agree:
51          (i) to restrict its authority to issue permits to or assess fees from another public agency
52     that is a party to the agreement; and
53          (ii) to exempt another public agency that is a party to the agreement from permit or fee
54     requirements.
55          (b) A provision in an agreement under Subsection (1) whereby the parties agree as
56     provided in Subsection (3)(a) is subject to all remedies provided by law and in the agreement,
57     including injunction, mandamus, abatement, or other remedy to prevent, enjoin, abate, or
58     enforce the provision.

59          (4) [An] In an interlocal agreement between a county and one or more municipalities
60     for law enforcement service within an area that includes some or all of the unincorporated area
61     of the county [shall require], each county and municipality that is a party to the agreement shall
62     ensure that the agreement requires:
63          (a) in a county of the second through sixth class, the county sheriff to provide or direct
64     the law enforcement service provided under the agreement [to be provided by or under the
65     direction of the county sheriff.]; or
66          (b) in a county of the first class, the chief executive for law enforcement services to be
67     appointed Ĥ→ [
, according to the interlocal agreement,] ←Ĥ to provide or direct the law
67a     enforcement
68     service provided under the agreement.
69          Section 2. Section 17-22-2 is amended to read:
70          17-22-2. Sheriff -- General duties.
71          (1) The sheriff shall:
72          (a) preserve the peace;
73          (b) make all lawful arrests;
74          (c) attend in person or by deputy the Supreme Court and the Court of Appeals when
75     required or when the court is held within his county, all courts of record, and court
76     commissioner and referee sessions held within his county, obey their lawful orders and
77     directions, and comply with the court security rule, Rule 3-414, of the Utah Code of Judicial
78     Administration;
79          (d) upon request of the juvenile court, aid the court in maintaining order during
80     hearings and transport a minor to and from youth corrections facilities, other institutions, or
81     other designated places;
82          (e) attend county justice courts if the judge finds that the matter before the court
83     requires the sheriff's attendance for security, transportation, and escort of jail prisoners in his
84     custody, or for the custody of jurors;
85          (f) command the aid of as many inhabitants of his county as he considers necessary in
86     the execution of these duties;
87          (g) take charge of and keep the county jail and the jail prisoners;
88          (h) receive and safely keep all persons committed to his custody, file and preserve the
89     commitments of those persons, and record the name, age, place of birth, and description of

90     each person committed;
91          (i) release on the record all attachments of real property when the attachment he
92     receives has been released or discharged;
93          (j) endorse on all process and notices the year, month, day, hour, and minute of
94     reception, and, upon payment of fees, issue a certificate to the person delivering process or
95     notice showing the names of the parties, title of paper, and the time of receipt;
96          (k) serve all process and notices as prescribed by law;
97          (l) if he makes service of process or notice, certify on the process or notices the
98     manner, time, and place of service, or, if he fails to make service, certify the reason upon the
99     process or notice, and return them without delay;
100          (m) extinguish fires occurring in the undergrowth, trees, or wooded areas on the public
101     land within his county;
102          (n) perform as required by any contracts between the county and private contractors for
103     management, maintenance, operation, and construction of county jails entered into under the
104     authority of Section 17-53-311;
105          (o) for the sheriff of a county Ĥ→ of the second through sixth class ←Ĥ that enters into
105a     an interlocal agreement for law
106     enforcement service under Title 11, Chapter 13, Interlocal Cooperation Act, provide law
107     enforcement service as provided in the interlocal agreement;
108          (p) manage search and rescue services in his county;
109          (q) obtain saliva DNA specimens as required under Section 53-10-404;
110          (r) on or before January 1, 2003, adopt a written policy that prohibits the stopping,
111     detention, or search of any person when the action is solely motivated by considerations of
112     race, color, ethnicity, age, or gender;
113          (s) create a child protection unit, as defined in Section 62A-4a-101, if the sheriff
114     determines that creation of a child protection unit is warranted; and
115          (t) perform any other duties that are required by law.
116          (2) Violation of Subsection (1)(j) is a class C misdemeanor. Violation of any other
117     subsection under Subsection (1) is a class A misdemeanor.
118          (3) (a) As used in this Subsection (3):
119          (i) "Police interlocal entity" has the same meaning as defined in Sections 17-30-3 and
120     17-30a-102.

121          (ii) "Police local district" has the same meaning as defined in Section 17-30-3.
122          (b) [A] Except as provided in Subsections (3)(c) and 11-13-202(4), a sheriff in a
123     county which includes within its boundary a police local district or police interlocal entity, or
124     both:
125          (i) serves as the chief executive officer of each police local district and police interlocal
126     entity within the county with respect to the provision of law enforcement service within the
127     boundary of the police local district or police interlocal entity, respectively; and
128          (ii) is subject to the direction of the police local district board of trustees or police
129     interlocal entity governing body, as the case may be, as and to the extent provided by
130     agreement between the police local district or police interlocal entity, respectively, and the
131     sheriff.
132          (c) [If] Notwithstanding Subsection (3)(b), and except as provided in Subsection
133     11-13-202(4), Ĥ→ if ←Ĥ a police interlocal entity or police local district enters an interlocal
133a     agreement
134     with a public agency, as defined in Section 11-13-103, for the provision of law enforcement
135     service, the sheriff:
136          (i) does not serve as the chief executive officer of any interlocal entity created under
137     that interlocal agreement, unless the agreement provides for the sheriff to serve as the chief
138     executive officer; and
139          (ii) shall provide law enforcement service under that interlocal agreement as provided
140     in the agreement.