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House approves bill clarifying sheriffs’ authority to enforce state law on federal land

Utah House of Representatives · February 13, 2014
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Summary

Lawmakers passed a bill saying sheriffs are the primary state-law enforcement authority on federal land; proponents called it clarification, critics said MOUs already address cooperation.

The Utah House on Feb. 12 approved a bill intended to clarify the sheriff’s authority to enforce state law on federal lands.

Representative Ray, sponsor of the first substitute to House Bill 225, said the crux of the bill is a provision (line 26) that "says the sheriff is the primary law enforcement authority of state law on federal land." He described the change as clarifying authority, not seeking confrontation with federal agencies, and said it was requested by rural sheriffs and county commissioners.

Representative Briscoe and others questioned whether the change was necessary given existing memorandums of understanding and cooperation agreements; Briscoe said he had seen multiple cross-deputization MOUs and cooperative agreements and "I think the system's working. I don't see the need to pass this law." Sponsor Ray responded that MOUs can change and administrative practice does not always match street-level reality, so statutory clarity would give sheriffs a firm footing.

The bill passed the House 64–4 and will be referred to the Senate. Sponsors characterized the bill as a clarification of existing practice; opponents urged caution and noted ongoing cooperative arrangements with the Forest Service and other federal partners.