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House repeals sections of HB 155 after federal court injunction; first-substitute HB 1,004 passes unanimously
Summary
The House approved first-substitute HB 1,004, a repeal and cleanup of portions of HB 155 adopted in the 2013 general session, on advice of the Attorney General after a federal court issued a preliminary injunction. The substitute passed the House 72–0.
The Utah House on July 17 approved the first substitute to House Bill 1,004, which repeals and revises sections of House Bill 155 (enacted earlier in 2013) after the U.S. Department of Justice challenged parts of HB 155 in federal court and a judge issued a preliminary injunction blocking enforcement of certain sections. The first substitute passed the House 72–0 and will be transmitted to the Senate.
Representative Noel, sponsor of the substitute, said HB 155 had been intended to clarify state and local interactions with federal land-management law enforcement, including use or nonrecognition of provisions tied to the Assimilative Crimes Act. The Department of Justice filed suit on May 13 seeking to block enforcement of parts of HB 155. After a June 28 hearing that resulted in a preliminary injunction from the bench, the Attorney General advised repeal of specific statutory sections and a cleanup to make Utah law consistent with the court’s guidance.
The substitute repeals section 53-13-106.5 and amends related provisions so that the law rolls back changes made by HB 155. Sponsors said the intent is not to concede substantive policy questions but to avoid protracted litigation while exploring other options to address concerns about federal and local law-enforcement relationships. The bill’s text preserves the ability for sheriffs to enter agreements with federal agencies where appropriate.
Supporters including Representatives Briscoe, Arendt and McKiff described the move as prudent restraint: Briscoe said federal and local officials have committed to cooperation, while others urged learning lessons from litigation to avoid future costly legal battles. Some members expressed discomfort with acting before a final federal ruling but voted for the repeal on pragmatic grounds.
The House approved the first substitute, 72 yes, 0 no. The bill record shows the substitute will be sent to the Senate for consideration.
What happens next: The first-substitute HB 1,004 (repealing select sections of HB 155) will go to the Senate. Sponsors said they expect to review relationships and agreements between counties and federal land-management agencies as an alternative to the provisions that were blocked in court.
