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• 2023 General Session
• H.B. 374

H.B. 374 County Sheriff Amendments

• Bill Text
• Status
• Hearings/Debate

Bill Sponsor: Rep. Teuscher, Jordan D.

Floor Sponsor: Sen. McCay, Daniel

• Substitute Sponsor: Rep. Teuscher, Jordan D.

• Drafting Attorney: Gregory N. Gunn
• Fiscal Analyst: Travis D Eisenbacher

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• Bill Tracking

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• Bill Text
  • Introduced
  • Enrolled (Currently Displayed)

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• Other Versions
  • H.B. 374
    Substitute Sponsor:
    

    • Introduced
    • Fiscal Note
    • House Transmittal Letter 1
    • Senate Transmittal Letter 1
  • H.B. 374 1st Substitute
    Substitute Sponsor: Teuscher, J.
    

    • Introduced
    • Fiscal Note
    • HB0374 comparison

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• Related Documents
  • Fiscal Note
  • HB0374 comparison

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• Information
  • Last Action: 14 Mar 2023, Governor Signed
  • Last Location: Lieutenant Governor's office for filing
  • Effective Date: 3 May 2023
  • Session Law Chapter: 181

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• Similar Bills
  • Law Enforcement and Criminal Justice
  • Interlocal Agreements
  • Interlocal Entities

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• Sections Affected
  • 11-13-202
  • 63I-2-211
  • 63I-2-217

Enrolled

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H.B. 374

1     COUNTY SHERIFF AMENDMENTS
2     2023 GENERAL SESSION
3     STATE OF UTAH
4     Chief Sponsor: Jordan D. Teuscher
5     Senate Sponsor: Daniel McCay
6     

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7     LONG TITLE
8     General Description:
9          This bill repeals provisions regarding a county sheriff's role and duties in interlocal
10     agreements for law enforcement services, police local districts, and police interlocal
11     entities.
12     Highlighted Provisions:
13          This bill:
14          ▸     establishes a repeal date for provisions governing the content of interlocal
15     agreements for law enforcement services involving a county; and
16          ▸     establishes a repeal date for provisions governing the role of a sheriff in police local
17     districts and police interlocal entities.
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 2019, Chapter 197
25          63I-2-211, as last amended by Laws of Utah 2018, Chapters 337, 456
26          63I-2-217, as last amended by Laws of Utah 2022, Chapter 123
27     

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

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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 each public agency
47     that is a party to the agreement approves the agreement, as provided in Section 11-13-202.5.
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,

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56     including injunction, mandamus, abatement, or other remedy to prevent, enjoin, abate, or
57     enforce the provision.
58          (4) In an interlocal agreement between a county and one or more municipalities for law
59     enforcement service within an area that includes some or all of the unincorporated area of the
60     county, each county and municipality that is a party to the agreement shall ensure that the
61     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; or
64          (b) in a county of the first class, the chief executive for law enforcement services to be
65     appointed to provide or direct the law enforcement service provided under the agreement.
66          (5) A peace officer employed by the interlocal entity, as defined in Section 11-13-103,
67     as of May 3, 2023, who transfers to the county sheriff's office before July 1, 2025, retains the
68     protections of Title 17, Chapter 30A, Part 3, Merit Officer Conditions of Employment.
69          Section 2. Section 63I-2-211 is amended to read:
70          63I-2-211. Repeal dates: Title 11.
71          (1) Subsection 11-13-202(4), requiring that counties and municipalities include certain
72     contractual provisions in an interlocal agreement for law enforcement services between a
73     county and one or more municipalities, is repealed July 1, 2025.
74          [(1)] (2) Subsections 11-13-302(2)(a)(i) and (2)(b)(i), the language that states "or
75     53F-2-301.5, as applicable" is repealed July 1, 2023.
76          [(2)] (3) Section 11-13-310, the language that states "or 53F-2-301.5, as applicable," is
77     repealed July 1, 2023.
78          [(3) Title 11, Chapter 53, Residential Property Reimbursement, is repealed on January
79     1, 2020.]
80          Section 3. Section 63I-2-217 is amended to read:
81          63I-2-217. Repeal dates: Title 17.
82          (1) On July 1, 2025:

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83          (a) Subsection 17-22-2(1)(o), stating that a sheriff shall perform the sheriff's
84     contractual duties under an interlocal agreement for law enforcement services, is repealed; and
85          (b) Subsection 17-22-2(3), establishing the role of a sheriff in a police interlocal entity
86     or police local district, is repealed.
87          [(1) Title 17, Chapter 35b, Consolidation of Local Government Units, is repealed
88     January 1, 2022.]
89          (2) On January 1, 2028, Subsection 17-52a-103(3), requiring certain counties to initiate
90     a change of form of government process by July 1, 2018, is repealed.
91          (3) On June 1, 2022:
92          (a) Section 17-52a-104 is repealed;
93          (b) in Subsection 17-52a-301(3)(a), the language that states "or under a provision
94     described in Subsection 17-52a-104(1)(b) or (2)(b)," is repealed; and
95          (c) Subsection 17-52a-301(3)(a)(iv), regarding the first initiated process, is repealed.