Chief Sponsor: Daniel McCay

House Sponsor: ____________


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

27     Be it enacted by the Legislature of the state of Utah:

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

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

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

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