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House passes bill limiting state-equivalent law-enforcement actions by some federal employees; sponsors cite sheriff support

Utah House of Representatives · March 4, 2013
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Summary

H.B. 155, described by the sponsor as the 'sheriff's bill,' passed 61-8. It narrows which federal employees may exercise law-enforcement authority on federal lands, requires certified training for those with arrest authority and emphasizes sheriff oversight and contracting. Floor debate focused on jurisdiction and federalism concerns.

Representative Michael Noel, sponsor of H.B. 155, said the bill responds to problems in rural Utah where federal land employees sometimes act with law-enforcement authority without appropriate training or coordination. "This is what I call and what we call the sheriff's bill," he said, adding that the Utah Sheriffs' Association supported the legislation.

Noel described provisions that would require certain federal employees who exercise law-enforcement authority to complete certified peace-officer training and limited the bill's scope — it does not apply to FBI, U.S. Marshals or DEA-type agencies that do not focus on public-lands issues. He tied the measure to the Federal Land Policy Management Act of 1976, arguing the law contemplated reliance on county law enforcement where feasible.

Members raised jurisdictional and constitutional questions. Representative Ivory cited an executive order and asked whether federal agencies had properly consulted with state and local officials before acting. Noel said he was "not aware" of consistent consultation and described examples where federal employees issued citations on state roads.

Representative Nelson expressed reservations about federalism and said the bill "authorizes state officials to arrest federal officials for their actions," which troubled him until he said his legal counsel opined the bill is narrow and likely to pass constitutional muster. Several members urged caution and restraint in how sheriffs would exercise authority; others said the bill restores local accountability.

Noel's summation invoked practical examples: he asked members to imagine being pulled over by an officer in an unfamiliar federal uniform and having to pursue remedies in a distant federal court rather than a local court. "That's the issue we're dealing with," he said, arguing for local control and electoral accountability of sheriffs.

The House approved H.B. 155 by a 61-8 vote. The bill was transmitted to the Senate for further consideration.

What’s next: The bill will proceed to the Senate for committee assignment and possible amendment. Floor debate emphasized constitutional and jurisdictional questions that Senate committees may examine further.