This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Tue, Mar 12, 2019 at 10:48 AM by lpoole.
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8 LONG TITLE
9 General Description:
10 This bill modifies the Catastrophic Public Nuisance Act.
11 Highlighted Provisions:
12 This bill:
13 ▸ expands notification requirements; and
14 ▸ provides that, under certain circumstances, the state shall indemnify, defend, and
15 hold a chief executive officer or county sheriff harmless from any claims or
16 damages, including court costs and attorney fees that are assessed as a result of the
17 chief executive officer's or county sheriff's action in abating a catastrophic public
18 nuisance Ŝ→ [
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 11-51a-103, as enacted by Laws of Utah 2015, Chapter 419
26 11-51a-104, as enacted by Laws of Utah 2015, Chapter 419
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28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 11-51a-103 is amended to read:
30 11-51a-103. Declaration of catastrophic public nuisance -- Authority to declare
31 and demand abatement.
32 (1) The chief executive officer of a political subdivision or a county sheriff may
33 determine that a catastrophic public nuisance exists on land within the borders of the political
34 subdivision.
35 (2) In evaluating whether a catastrophic public nuisance exists, the chief executive
36 officer of a political subdivision or a county sheriff may consider:
37 (a) tree density and overall health of a forested area, including the fire regime condition
38 class;
39 (b) insect and disease infestation, including insect and disease hazard ratings;
40 (c) fuel loads;
41 (d) forest or range type;
42 (e) slope and other natural characteristics of an area;
43 (f) watershed protection criteria;
44 (g) weather and climate; and
45 (h) any other factor that the chief executive officer of a political subdivision or a
46 county sheriff reasonably considers to be relevant, under the circumstances.
47 (3) Except as provided in Section 11-51a-104, upon making the determination
48 described in Subsection (1), the chief executive officer of a political subdivision or a county
49 sheriff shall after consultation with the attorney general:
50 (a) serve notice of the determination described in Subsection (1), by hand or certified
51 mail, on the federal or state agency that manages the land upon which the catastrophic nuisance
52 exists; and
53 (b) provide a copy of the determination that is served under Subsection (3)(a) to,
54 together with a proposed detailed abatement plan:
55 (i) the governor[
56 (ii) the attorney general[
57 (iii) if the catastrophic public nuisance exists on federally managed land, the state's
58 congressional delegation[
59 (iv) the chairs of the Executive Appropriations Committee of the Legislature; and
60 (v) the Office of the Legislative Fiscal Analyst.
61 (4) The notice described in Subsection (3)(a) shall include:
62 (a) a detailed explanation of the basis for determination that a catastrophic public
63 nuisance exists on the land in question;
64 (b) a demand that the federal or state agency formulate a plan to abate the catastrophic
65 nuisance; and
66 (c) a specific date, no less than 30 days after the day on which the notice is received, by
67 which time the federal or state agency that manages the land shall:
68 (i) abate the catastrophic public nuisance; or
69 (ii) produce a plan for mitigating the catastrophic public nuisance that is reasonably
70 acceptable to the county or subdivision.
71 (5) The chief executive officer of a political subdivision or a county sheriff may enter
72 into a plan with the relevant federal or state agency, or both, to abate the catastrophic public
73 nuisance.
74 (6) If, after receiving the notice described in Subsections (3)(a) and (4), the federal or
75 state agency does not respond by the date requested in the notice or otherwise indicates that the
76 federal or state agency is unwilling to take action to abate the catastrophic public nuisance, the
77 chief executive officer of a political subdivision or a county sheriff shall consult with the
78 county attorney and attorney general.
79 Section 2. Section 11-51a-104 is amended to read:
80 11-51a-104. Emergency abatement of a catastrophic public nuisance.
81 (1) If a chief executive officer of a political subdivision or a county sheriff determines
82 that a public nuisance exists on federally managed land, pursuant to Subsection 11-51a-103(1),
83 and the chief executive officer of a political subdivision or the county sheriff also finds that the
84 catastrophic public nuisance in question adversely affects, or constitutes a threat to, the public
85 health, safety, and welfare of the people of the political subdivision, the chief executive officer
86 of the political subdivision or the county sheriff may, after consulting with the attorney general,
87 pursue all remedies allowed by law.
88 (2) In seeking an emergency abatement of a catastrophic public nuisance, a chief
89 executive officer of a political subdivision or a county sheriff shall attempt, as much as
90 possible, to:
91 (a) coordinate with state and federal agencies; and
92 (b) seek the advice of professionals, including private sector professionals, with
93 expertise in abating a catastrophic public nuisance.
94 (3) Ŝ→ [
94a hold a chief
95 executive officer or county sheriff harmless from any claims or damages, including court costs
96 and attorney fees, that are assessed as a result of the chief executive officer's or county sheriff's
97 action, if:
98 Ŝ→ [
99 Ŝ→ [
99a addresses
100 the chief executive officer's or county sheriff's action in abating a catastrophic public nuisance;
101 and
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102a catastrophic
103 public nuisance were in reasonable furtherance of the detailed proposed abatement plan
104 described in Subsection 11-51a-103(3)(b).
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106 sheriff under this Subsection (3) up to 90% of the claims or damages assessed against the chief
107 executive officer or county sheriff under Subsection (3)(a).