1     
LOCAL LAW ENFORCEMENT STRUCTURE AND

2     
GOVERNANCE AMENDMENTS

3     
2019 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Paul Ray

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Senate Sponsor: Don L. Ipson

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8     LONG TITLE
9     General Description:
10          This bill prohibits a municipality or county from establishing a board or committee with
11     certain powers over a police chief or county sheriff.
12     Highlighted Provisions:
13          This bill:
14          ▸     prohibits a municipality from establishing a board or committee with certain powers
15     over a police chief or county sheriff;
16          ▸     establishes limitations on a municipality's or county's power to establish a board or
17     committee that relates to the provision of law enforcement services; and
18          ▸     makes technical changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          10-3-910, as enacted by Laws of Utah 1977, Chapter 48
26          10-3-913, as last amended by Laws of Utah 2017, Chapter 459
27          10-3-918, as last amended by Laws of Utah 2003, Chapter 292
28          17-22-31, as enacted by Laws of Utah 2014, Chapter 333
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 10-3-910 is amended to read:
32          10-3-910. Heads of departments and subordinate officers.
33          (1) The administration of the police and fire departments shall consist of a chief of
34     [the] each department and [such] other officers, members, employees and agents [as the board
35     of commissioners may by ordinance prescribe, and the board of commissioners] as the
36     municipal council provides by ordinance.
37          (2) The municipal council shall appoint the heads of [such] the police and fire
38     departments.
39          Section 2. Section 10-3-913 is amended to read:
40          10-3-913. Authority of chief of police -- Oversight.
41          (1) The chief of police has the same authority as the sheriff within the boundaries of
42     the municipality of appointment. The chief has authority to:
43          (a) suppress riots, disturbances, and breaches of the peace;
44          (b) apprehend all persons violating state laws or city ordinances;
45          (c) diligently discharge his duties and enforce all ordinances of the city to preserve the
46     peace, good order, and protection of the rights and property of all persons;
47          (d) attend the municipal justice court located within the city when required, provide
48     security for the court, and obey its orders and directions; and
49          (e) create a child protection unit, as defined in Section 62A-4a-101.
50          (2) This section is not a limitation of a police chief's statewide authority as otherwise
51     provided by law.
52          (3) The chief of police shall[, on or before January 1, 2003,] adopt a written policy that
53     prohibits the stopping, detention, or search of any person when the action is solely motivated
54     by considerations of race, color, ethnicity, age, or gender.
55          (4) (a) Notwithstanding Sections 10-2-918 and 10-3-919, a municipality may not
56     establish a board, committee, or other entity that:
57          (i) has authority independent of the chief of police; and
58          (ii) (A) has authority to veto or overrule a hiring or appointment decision of the chief
59     of police;
60          (B) is required to review or approve a police department's rules, regulations, policies,
61     or procedures in order for the rules, regulations, policies, or procedures to take effect;
62          (C) has authority to veto a new policy, or strike down an existing policy, established
63     under the authority of the chief of police;
64          (D) is required to review or approve a police department's budget in order for the
65     budget to take effect; or
66          (E) has authority to review or approve a contract the police department makes with a
67     police union or other organization.
68          (b) Nothing in this Subsection (4):
69          (i) limits a municipal council's authority over the chief of police;
70          (ii) prohibits the municipal council or mayor from taking a lawful action described in
71     Subsection (4)(a)(ii); or
72          (iii) limits a municipality's authority under Subsection (5).
73          (5) Subject to Subsection (4), a municipality may establish a board, committee, or other
74     entity that relates to the provision of law enforcement services and that has authority
75     independent of the chief of police if the municipal legislative body:
76          (a) directly appoints the board, committee, or other entity's members; and
77          (b) provides direct oversight of the board, committee, or other entity.
78          Section 3. Section 10-3-918 is amended to read:
79          10-3-918. Chief of police or marshal in a city of the third, fourth, or fifth class or
80     town.
81          [The] Subject to Subsection 10-3-913(4), the chief of police or marshal in each city of
82     the third, fourth, or fifth class or town:
83          (1) shall:
84          (a) exercise and perform the duties that are prescribed by the legislative body;
85          (b) be under the direction, control, and supervision of the person or body that appointed
86     the chief or marshal; and
87          (c) [on or before January 1, 2003,] adopt a written policy that prohibits the stopping,
88     detention, or search of any person when the action is solely motivated by considerations of
89     race, color, ethnicity, age, or gender; and
90          (2) may, with the consent of the person or body that appointed the chief or marshal,
91     appoint assistants to the chief of police or marshal.
92          Section 4. Section 17-22-31 is amended to read:
93          17-22-31. Sheriff -- Primary law enforcement authority -- Oversight.
94          (1) The sheriff is the primary law enforcement authority of state law on federal land
95     except as otherwise assigned by law to the authority of a state or municipal law enforcement
96     agency.
97          (2) (a) A county may not establish a board, committee, or other entity that:
98          (i) has authority independent of the county sheriff; and
99          (ii) (A) has authority to veto or overrule a hiring or appointment decision of the county
100     sheriff;
101          (B) is required to review or approve a sheriff's office rules, regulations, policies, or
102     procedures in order for the rules, regulations, policies, or procedures to take effect;
103          (C) has authority to veto a new policy, or strike down an existing policy, established
104     under the authority of a county sheriff;
105          (D) is required to review or approve a county sheriff's budget in order for the budget to
106     take effect; or
107          (E) has authority to review or approve a contract the county sheriff makes with a police
108     union or other organization in order for the contract to take effect.
109          (b) Nothing in this Subsection (2):
110          (i) limits a county legislative body's authority to take an action that is otherwise
111     authorized under this title;
112          (ii) prohibits the county legislative body from taking an action described in Subsection
113     (2)(a) that the county legislative body may legally take; or
114          (iii) limits county's authority under Subsection (3).
115          (3) Subject to Subsection (2), a county may establish a board, committee, or other
116     entity that relates to the provision of law enforcement services and that has authority
117     independent of the county sheriff if the county legislative body:
118          (a) directly appoints the board, committee, or other entity's members; and
119          (b) provides direct oversight of the board, committee, or other entity.