Local Government Amendments

216
10-9a-520
11-1-1
11-1-2
17-2-102
17-2-202
17-16-201
17-22-14
17-27a-101
17-27a-409
17-30-24
17-36-1
17-50-317
17-53-206.5
17-53-215
17-53-304
17-60-101
17-60-103
17-60-302
17-60-401
17-61-201
17-61-301
17-61-401
17-61-404
17-61-406
17-62-303
17-62-501
17-63-101
17-63-503
17-63-505
17-63-601
17-63-604
17-63-605
17-63-702
17-63-802
17-64-402
17-64-405
17-66-101
17-66-104
17-66-201
17-66-403
17-67-201
17-69-101
17-69-103
17-69-301
17-69-308
17-69-304
17-69-305
17-69-306
17-69-307
17-70-101
17-70-103
17-70-302
17-70-403
17-71-103
17-71-302
17-71-407
17-71-408
17-71-503
17-73-102
17-73-201
17-73-502
17-73-504
17-73-507
17-74-101
17-74-301
17-74-302
17-74-304
17-74-402
17-75-201
17-75-403
17-75-501
17-75-502
17-75-503
17-75-602
17-75-604
17-75-702
17-76-402
17-78-201
17-78-605
17-78-807
17B-1-102
17B-1-403
17B-1-901
17B-2a-1301
17B-2a-1302
17D-5-201
17B-2a-1303
17B-2a-1304
17B-2a-1305
17B-2a-1307
17B-2a-1306
59-2-208
59-2-1306
77-21-4
78A-7-121
78B-1-123
78B-1-124
0
Local Government Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: James A. Dunnigan
Senate Sponsor: Michael K. McKell
LONG TITLE
General Description:
This bill deals with provisions related to counties and special districts.
Highlighted Provisions:
This bill:
defines the term "finance officer" and modifies definitions;
describes when a county legislative body shall submit the question of moving the county
seat to the county's voters;
modifies provisions related to the annexation or consolidation of counties and the creation
of a new county;
addresses pending criminal and civil proceedings following the creation of a new county;
provides that a county shall hold an election on an optional plan to change the form of
county government at the next regular general election that is no less than 180 days after
the day on which the county attorney submits to the county clerk the attorney's report;
modifies provisions related to county costs following a change of venue;
repeals a requirement that a county financial officer be bonded;
modifies the ability of a legislative body to investigate the actions of a county officer that
impacts county business or operations;
modifies provisions related to the consolidation of county offices;
modifies the qualification requirements of a county assessor;
provides that, if a county council delegates the provision of accounting services to a
finance officer, the county auditor is not required to fulfill an accounting obligation
described in statute unless statute explicitly states that the county auditor shall provide
the accounting obligation;
modifies provisions related to county surveyor duties;
modifies the circumstances in which an election official is required to notify eligible
voters via email about the disqualification of a candidate;
modifies the manner in which a county recorder is required to index recorded instruments;
authorizes a county legislative body to set fees for services of the county recorder;
increases certain statutorily provided fees for certain county recorder services;
provides a method for an individual requesting a record related to military service to
demonstrate that the individual is a lineal descendant of the individual who is the subject
of the record;
provides that, when a county contracts with a licensed professional land surveyor to fulfill
certain county surveyor duties, the licensed professional land surveyor may utilize the
county surveyor seal or a personal seal;
modifies provisions related to survey monuments, corners, and boundaries;
authorizes a county surveyor to charge a plat fee to an infrastructure financing district or
public infrastructure district;
authorizes a county treasurer to enter an agreement with a special district for the county
treasurer to bill and collect assessments on behalf of the special district;
modifies provisions related to merit system employment, including administrative appeals
to a career service council or an administrative law judge;
repeals a criminal penalty for individuals who willfully violate provisions related to
county personnel management;
renumbers authority for a county to expend county funds as considered advisable for the
development of the county's resources;
repeals sections related to the Title 17 recodification during the 2025 First Special
Session;
recodifies Title 17B, Chapter 2a, Part 13, Infrastructure Financing District, as Title 17D,
Chapter 5, Infrastructure Financing District Act; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
11-1-1
, as last amended by Laws of Utah 2024, Chapter 365
11-1-2
, as last amended by Laws of Utah 1993, Chapter 227
17-60-101
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-60-103
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-60-302
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-60-401
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-61-201
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-61-301
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-61-401
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-61-404
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-61-406
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-62-303
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-62-501
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-63-101
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-63-503
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-63-505
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-63-601
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-63-604
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-63-605
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-63-702
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-63-802
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-64-402
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-64-405
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-66-101
, as enacted by Laws of Utah 2025, First Special Session, Chapter 13
17-66-104
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-66-201
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-66-403
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-67-201
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-69-101
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-69-103
, as enacted by Laws of Utah 2025, First Special Session, Chapter 13
17-69-301
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-70-101
, as enacted by Laws of Utah 2025, First Special Session, Chapter 13
17-70-103
, as enacted by Laws of Utah 2025, First Special Session, Chapter 13
17-70-302
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-70-403
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-71-103
, as enacted by Laws of Utah 2025, First Special Session, Chapter 13
17-71-302
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-71-407
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-71-408
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-71-503
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-73-102
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-73-201
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-73-502
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-73-504
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-73-507
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-74-101
, as enacted by Laws of Utah 2025, First Special Session, Chapter 13
17-74-301
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-74-302
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-74-402
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-75-201
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 14
17-75-403
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 14
17-75-501
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 14
17-75-502
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 14
17-75-503
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 14
17-75-602
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 14
17-75-604
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 14
17-75-702
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 14
17-76-402
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 14
17-78-201
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 14
17-78-605
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 14
17-78-807
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 14
17B-1-102
, as last amended by Laws of Utah 2024, Chapters 388, 438
17B-1-403
, as last amended by Laws of Utah 2024, Chapter 388
17B-1-901
, as last amended by Laws of Utah 2023, Chapter 15
59-2-208
, as enacted by Laws of Utah 1987, Chapter 4
59-2-1306
, as last amended by Laws of Utah 2000, Chapter 86
77-21-4
, as enacted by Laws of Utah 1980, Chapter 15
78A-7-121
, as last amended by Laws of Utah 2012, Chapter 205
78B-1-123
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-1-124
, as renumbered and amended by Laws of Utah 2008, Chapter 3
ENACTS:
17-74-304
, Utah Code Annotated 1953
17D-5-201
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
17-69-304.1
, (Renumbered from 17-69-308, as renumbered and amended by Laws of
Utah 2025, First Special Session, Chapter 13)
17-69-401
, (Renumbered from 17-69-304, as renumbered and amended by Laws of
Utah 2025, First Special Session, Chapter 13)
17-69-402
, (Renumbered from 17-69-305, as renumbered and amended by Laws of
Utah 2025, First Special Session, Chapter 13)
17-69-403
, (Renumbered from 17-69-306, as renumbered and amended by Laws of
Utah 2025, First Special Session, Chapter 13)
17-69-404
, (Renumbered from 17-69-307, as renumbered and amended by Laws of
Utah 2025, First Special Session, Chapter 13)
17D-5-101
, (Renumbered from 17B-2a-1301, as enacted by Laws of Utah 2024,
Chapter 388)
17D-5-102
, (Renumbered from 17B-2a-1302, as enacted by Laws of Utah 2024,
Chapter 388)
17D-5-202
, (Renumbered from 17B-2a-1303, as enacted by Laws of Utah 2024,
Chapter 388)
17D-5-203
, (Renumbered from 17B-2a-1304, as enacted by Laws of Utah 2024,
Chapter 388)
17D-5-204
, (Renumbered from 17B-2a-1305, as last amended by Laws of Utah
2025, First Special Session, Chapter 15)
17D-5-205
, (Renumbered from 17B-2a-1307, as enacted by Laws of Utah 2024,
Chapter 388)
17D-5-301
, (Renumbered from 17B-2a-1306, as enacted by Laws of Utah 2024,
Chapter 388)
REPEALS:
10-9a-520
, as last amended by Laws of Utah 2023, Chapter 327
17-2-102
, as last amended by Laws of Utah 2023, Chapter 116
17-2-202
, as last amended by Laws of Utah 2023, Chapter 116
17-16-201
, as enacted by Laws of Utah 2016, Chapter 50
17-22-14
, as last amended by Laws of Utah 2024, Chapter 365
17-27a-101
, as renumbered and amended by Laws of Utah 2005, Chapter 254
17-27a-409
, as last amended by Laws of Utah 2015, Chapter 310
17-30-24
, as last amended by Laws of Utah 1993, Chapter 227
17-36-1
, as enacted by Laws of Utah 1975, Chapter 22
17-50-317
, as renumbered and amended by Laws of Utah 2000, Chapter 133
17-53-206.5
, as enacted by Laws of Utah 2015, Chapter 196
17-53-215
, as renumbered and amended by Laws of Utah 2000, Chapter 133
17-53-304
, as enacted by Laws of Utah 2000, Chapter 133
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
11-1-1
is amended to read:
11-1-1
. County finance officer's, city auditor's, or school board clerk's certificate
to show obligation within debt limit.
(1)
The
county auditor
finance officer, as that term is defined in Section
17-66-101
,
of
each county, the auditor of each city, and the clerk of each
board of education in this
state
school district board
shall endorse a certificate upon every bond, warrant or other
evidence of debt, issued pursuant to law by any such officer, that the same is within the
lawful debt limit of such county, city or school district, respectively, and is issued
according to law.
The officer shall sign such certificate in the officer's official character.
(2)
The county finance officer, city auditor, or clerk of the school district board shall sign a
certificate described in Subsection
(1
) in the county finance officer's, city auditor's, or
clerk of the school district board's official character.
Section 2. Section
11-1-2
is amended to read:
11-1-2
. Auditors may rely on certain facts.
(1)
As used in this section, "finance officer" means the same as that term is defined in
Section
17-66-101
.
(2)
Whenever a county legislative body, board of city commissioners, city council, or
board of education of any such county, city, or school district
shall find or declare
finds
or declares
that any appropriation or expenditure for which a warrant or warrants are to
be issued was or is for interest upon the bonded debt, for salaries, or for the current
expenses of such county, city, or school district,
such
the
finding or declaration shall
conclusively protect the county
auditor
finance officer
, city auditor, or clerk of the
board of education of any such county, city, or school district, as to such facts, in
certifying any warrant or warrants therefor to be within the lawful debt limit of such
county, city, or school district.
Section 3. Section
17-60-101
is amended to read:
17-60-101
. Definitions.
As used in this title:
(1)
"County" means a unit of local government that is a body corporate and politic and a
legal subdivision of the state, with:
(a)
geographic boundaries as described in Section
17-61-102
; and
(b)
powers as provided in
Part 2
, County Powers Generally.
(2)
"Executive," when used to describe the powers, duties, or functions of an individual or
body elected as the county executive or an individual appointed as the county manager

or administrative officer
, refers to:
(a)
the power and duty to carry laws and ordinances into effect and secure the due
observance of laws and ordinances; and
(b)
those powers, duties, and functions that, under constitutional and statutory provisions
and through long usage and accepted practice and custom at the federal and state
level, have come to be regarded as belonging to the executive branch of government.
(3)
"Legislative," when used to describe the powers, duties, or functions of a county
commission or county council, refers to:
(a)
the power and duty to enact ordinances, levy taxes, and establish budgets; and
(b)
those powers, duties, and functions that, under constitutional and statutory provisions
and through long usage and accepted practice and custom at the federal and state
level, have come to be regarded as belonging to the legislative branch of government.
(4)
"Voter" means an individual who is registered to vote in
Utah
this state
.
Section 4. Section
17-60-103
is amended to read:
17-60-103
. Relationship to special districts -- Use of "county" prohibited -- Legal
action to compel compliance.
(1)
For purposes of this section, "special district" means the same as that term is defined in
Section
17B-1-102
.
.
(2)
The county legislative body's statutory authority to appoint members to the governing
body of a special district does not alone make the special district subject to the direction
and control of that county.
(3)
A local entity may not use the word "county" in the local entity's name unless the
county whose name is used by the local entity gives or has given the local entity the
county's written consent.
(4)
A county with a name similar to the name of a local entity in violation of this section
may bring legal action in a court with jurisdiction under Title
78A, Judiciary and
Judicial Administration
, to compel compliance with this section.
Section 5. Section
17-60-302
is amended to read:
17-60-302
. Initiating a petition to move a county seat -- Certification of petition
signatures -- Removal of signature -- Limitation.
(1)
(a)
A voter may file a petition to move the county seat with the county legislative
body of the county in which the voter lives if the petition is signed by a majority of
registered
voters in the county, calculated by the number of
votes cast in the county
at the preceding general election
a
ctive voters, as defined in Section
20A-7-501
, in
the county
.
(b)
If the county legislative body receives a petition that complies with this section, the
county legislative body shall submit the question of moving the county seat to the
county's voters
:
(i)
if the county legislative body receives the petition at least 180 days before the next
general election,
at the next general election
.
; or
(ii)
if the county legislative body receives the petition fewer than 180 days before the
next general election, at the general election following the next general election.
(2)
(a)
Within three business days after the day on which a county legislative body
receives a petition under Subsection
(1)
, the county legislative body shall provide the
petition to the county clerk.
(b)
Within 14 days after the day on which a county clerk receives a petition from the
county legislative body under Subsection
(2)(a)
, the county clerk shall:
(i)
use the procedures described in Section
20A-1-1002
to determine whether the
petition satisfies the requirements of Subsection
(1)
;
(ii)
certify on the petition whether each name is that of a registered voter in the
county; and
(iii)
deliver the certified petition to the county legislative body.
(3)
(a)
An individual who signs a petition under this section may have the individual's
signature removed from the petition by, no later than three business days after the day
on which the county legislative body provides the petition to the county clerk,
submitting to the county clerk a statement requesting that the individual's signature
be removed.
(b)
A statement described in Subsection
(3)(a)
shall comply with the requirements
described in Subsection
20A-1-1003(2)
.
(c)
The county clerk shall use the procedures described in Subsection
20A-1-1003(3)
to
determine whether to remove an individual's signature from a petition after receiving
a timely, valid statement requesting removal of the signature.
(4)
The election shall be conducted and the returns canvassed in all respects as provided by
law for the conducting of general elections and canvassing the returns.
(5)
In accordance with Utah Constitution, Article XI, Section 2, a proposition to move the
county seat may not be submitted in the same county more than once in four years, or
within four years after the day on which a proposition to move the county seat is
submitted to the voters.
Section 6. Section
17-60-401
is amended to read:
17-60-401
. Review of claims by county executive -- Auditor review -- Attorney
review -- Claim requirements -- Approval or disapproval of claim -- Written explanation
of claim process.
(1)
Upon receiving a notice of claim under Section
63G-7-401
, the county clerk shall
deliver the notice of claim to the county executive described in
Chapter 65, County
Executive
.
(2)
Subject to Subsection
(3)
, each county executive shall review each claim, as defined in
Section
17-69-101
, against the county and:
(a)
if the claim is just, lawful, and properly due and owing, approve the claim; or
(b)
disapprove the claim.
(3)
(a)
The county executive shall forward all claims to the county attorney, or, in a
county that has a district attorney but not a county attorney, to the district attorney for
the attorney's review and recommendation to the county executive regarding liability
and payment.
(b)
Except as provided in Section
17-60-405
, the county executive shall forward all
claims requesting payment for goods or services to the county
auditor
finance
officer, as that term is defined in Section
17-66-101
,
for the county
auditor's
finance
officer's
review
and recommendation, subject to Subsection
(7)
, to the county
executive
.
(4)
Each claim for goods or services against a county shall:
(a)
itemize the claim, giving applicable names, dates, and particular goods provided or
services rendered;
(b)
if the claim is for service of process, state the character of process served, upon
whom served, the number of days engaged, and the number of miles traveled;
(c)
be duly substantiated as to the claim's correctness and as to the fact that the claim is
justly due;
(d)
if the claim is for materials furnished, state to whom the materials were furnished, by
whom ordered, and the quantity and price agreed upon; and
(e)
be presented to the county executive within a year after the last item of the account or
credit accrued.
(5)
If the county executive refuses to hear or consider a claim because it is not properly
made out, the county executive shall cause notice of the refusal to be given to the
claimant or the claimant's agent and shall allow a reasonable amount of time for the
claim to be properly itemized and substantiated.
(6)
Each county shall prepare and make available to a person submitting or intending to
submit a claim under this part a written explanation, in simple and easy to understand
language, of how to submit a claim to the county and of the county's process for
receiving, reviewing, and deciding a claim.
(7)
Upon receiving a claim in accordance with Subsection
(3)(b)
, the county
auditor
finance officer
shall:
(a)
(i)
investigate, examine, review, and inspect the claim; and
(ii)
(A)
recommend that the county executive approve or reject the claim; and
(B)
endorse the recommendation;
(b)
after completing the investigation, examination, and inspection, report the claim and
the recommendation described in Subsection
(7)(a)(ii)
to the county executive; and
(c)
keep a complete record of the claim, the claim recommendation, the reasons for the
recommendation, and the county executive's final action as described in Subsection
(8)
.
(8)
After receiving the county or district attorney's recommendation in accordance with
Subsection
(3)(a)
,
and the county
auditor's
finance officer's
recommendation in
accordance with Subsection
(3)(b)
(7
)
, the county executive shall decide whether to
approve or reject a claim.
(9)
(a)
The county
auditor
finance officer
shall pay, subject to Subsection
(9)(b)
, a claim
approved by the county executive in accordance with Subsection
(8)
by:
(i)
a warrant drawn by the auditor on the county treasurer in favor of the person
entitled to payment; or
(ii)
a county check or other payment mechanism as may be adopted in accordance
with
Chapter 63, Fiscal Authority and Processes
.
(b)
The county
auditor
finance officer
may not pay a claim against the county unless:
(i)
the
auditor
finance officer
:
(A)
receives from the county executive a certified list described in Section
17-70-302
; and
(B)
has complied with the recommendation and other requirements of Subsection
(7)
; and
(ii)
the county executive has approved the claim in accordance with Subsection
(8)
.
(10)
Nothing in this section may be construed to modify the requirements of Section
63G-7-401
.
Section 7. Section
17-61-201
is amended to read:
17-61-201
. Consolidation of counties -- Petition -- Certification of petition
signatures -- Removal of signature -- Election -- Ballot.
(1)
A voter of a county who desires to have the county joined to and consolidated with an
adjoining county may petition the county legislative body of the county in which the
voter resides and the county legislative body of the adjoining county, as described in this
section.
(2)
(a)
Each petition under Subsection
(1)
shall be:
(a)
(i)
signed by a majority of the voters who reside in the originating county;
(b)
(ii)
signed by a majority of the voters who reside in the consolidating county; and
(c)
(iii)

presented to the county legislative body of the originating county and the
county legislative body of the consolidating county before the first Monday in
June of any year.
(b)
The number of voters residing in a county is the same as the number of active voters,
as defined in Section
20A-7-501
, for the county.
(3)
(a)
Within three business days after the day on which a county legislative body
receives a petition under Subsection
(1)
, the county legislative body shall provide the
petition to the county clerk.
(b)
Within 14 days after the day on which a county clerk receives a petition from the
county legislative body under Subsection
(3)(a)
, the county clerk shall:
(i)
use the procedures described in Section
20A-1-1002
to determine whether the
petition satisfies the requirements of Subsection
(2)
in regard to the voters of the
county in which the county clerk is an officer;
(ii)
certify on the petition whether each name is that of a registered voter in the
county in which the county clerk is an officer; and
(iii)
deliver the certified petition to the county legislative body.
(4)
(a)
An individual who signs a petition under this section may have the individual's
signature removed from the petition by, no later than three business days after the day
on which the county legislative body provides the petition to the county clerk,
submitting to the county clerk a statement requesting that the individual's signature
be removed.
(b)
A statement described in Subsection
(4)(a)
shall comply with the requirements
described in Subsection
20A-1-1003(2)
.
(c)
The county clerk shall use the procedures described in Subsection
20A-1-1003(3)
to
determine whether to remove an individual's signature from a petition after receiving
a timely, valid statement requesting removal of the signature.
(5)
If the county clerks of the originating county and consolidating county each determine
that the petition meets the requirements of Subsection
(2)(a)
, each county clerk shall
ensure that the petition is submitted to the voters of the respective counties as described
in Subsection
(6)
.
(6)
(a)
If a petition under Subsection
(1)
is presented in a year during which a regular
general election is held, the county legislative body of the originating county and the
county legislative body of the consolidating county shall cause the proposition to be
submitted to the legal voters of the respective counties at the next regular general
election.
(b)
If a petition under Subsection
(1)
is presented during a year in which there is no
regular general election, the county legislative body of the originating county and the
county legislative body of the consolidating county shall:
(i)
call a special election to be held on the first Tuesday after the first Monday in
November following the presentation of the petition; and
(ii)
cause the proposition to be submitted to the voters of the respective counties
during the special election.
(c)
Except as otherwise provided in this part, an election under this Subsection
(6)
shall
be held, the results canvassed, and returns made under the provisions of the general
election laws of the state.
(d)
The ballot language to be used at an election under this Subsection
(6)
shall be:
For combining ____ county with ____ county.
Against combining ____ county with ____ county.
Section 8. Section
17-61-301
is amended to read:
17-61-301
. Annexation of portion of county to adjoining county -- Petition --
Certification of petition signatures -- Removal of signature -- Election -- Ballot.
(1)
Except as provided in Section
17-61-306
, a voter who desires to have initiating county
territory in which the voter resides included within the boundary of an adjoining county,
the voter may petition the county legislative body of the initiating county and the county
legislative body of the annexing county.
(2)
(a)
A petition under Subsection
(1)
shall be:
(a)
(i)
signed by a majority of the voters
living
residing
in the portion of the
initiating county proposed to be included within the boundaries of an annexing
county; and
(b)
(ii)
presented before the first Monday in June of a year during which a general
election is held.
(b)
The number of voters residing in a portion of the county is the same as the number of
active voters, as defined in Section
20A-7-501
, for that area.
(3)
(a)
Within three business days after the day on which a county legislative body
receives a petition under Subsection
(1)
, the county legislative body shall provide the
petition to the county clerk.
(b)
Within 14 days after the day on which a county clerk of an initiating county receives
a petition from the county legislative body under Subsection
(3)(a)
, the county clerk
shall:
(i)
use the procedures described in Section
20A-1-1002
to determine whether the
petition satisfies the requirements of Subsection
(2)
;
(ii)
certify on the petition whether each name is that of a voter in the portion of the
initiating county that is proposed to be annexed; and
(iii)
deliver the certified petition to the county legislative body.
(4)
(a)
An individual who signs a petition under this section may have the individual's
signature removed from the petition by, no later than three business days after the day
on which the county legislative body provides the petition to the county clerk,
submitting to the county clerk a statement requesting that the individual's signature
be removed.
(b)
A statement described in Subsection
(4)(a)
shall comply with the requirements
described in Subsection
20A-1-1003(2)
.
(c)
The county clerk shall use the procedures described in Subsection
20A-1-1003(3)
to
determine whether to remove an individual's signature from a petition after receiving
a timely, valid statement requesting removal of the signature.
(5)
(a)
If the county clerk of the initiating county determines that the petition meets the
requirements of Subsection
(2)
, the county clerk of the initiating county and the
county clerk of the annexing county shall ensure the petition is submitted to the
voters of the respective counties at the next regular general election as described in
this Subsection
(5)
.
(b)
Except as otherwise provided, the election shall be held, the results canvassed, and
returns made under the provisions of the general election laws of the state.
(c)
The ballot language to be used in an election held under this Subsection
(5)
shall be:
For annexing a portion of ____ county to ____ county.
Against annexing a portion of ____ county to ____ county.
Section 9. Section
17-61-401
is amended to read:
17-61-401
. Creating a new county -- Petition -- Certification of petition
signatures -- Removal of signature -- Election -- Ballots.
(1)
Whenever a voter desires to have the territory within which the voter resides created
into a new county, the voter may file a petition for the creation of a new county with the
county legislative body of the seceding county in which the voter resides as described in
this section.
(2)
(a)
The petition described in Subsection
(1)
shall:
(i)
propose the name and define the boundaries of the new county; and
(ii)
be signed:
(A)
by at least one-fourth of the voters residing in the portion of the seceding
county proposed to be created into a new county; and
(B)
by no less than one-fourth of the voters residing in the remaining portion of
the seceding county.
(b)
If a petition proposes to take territory from more than one seceding county, the
requirements of Subsection
(2)(a)(ii)
apply to each seceding county affected by the
petition.
(c)
The number of voters residing in a portion of the county is the same as the number of
active voters, as defined in Section
20A-7-501
, for that area.
(3)
A voter shall file a petition for the creation of a new county on or before the first
Monday in May of any year with the county legislative body of the seceding county.
(4)
(a)
Within three business days after the day on which a county legislative body
receives a petition, the county legislative body shall provide the petition to the county
clerk.
(b)
Within 14 days after the day on which a county clerk receives a petition from the
county legislative body under Subsection
(4)(a)
, the county clerk shall:
(i)
use the procedures described in Section
20A-1-1002
to determine whether the
petition satisfies the requirements of Subsection
(2)
;
(ii)
certify on the petition whether each name is that of a registered voter in the
seceding county; and
(iii)
deliver the certified petition to the county legislative body.
(5)
(a)
An individual who signs a petition under this section may have the individual's
signature removed from the petition by, no later than three business days after the day
on which the county legislative body provides the petition to the county clerk,
submitting to the county clerk a statement requesting that the individual's signature
be removed.
(b)
A statement described in Subsection
(5)(a)
shall comply with the requirements
described in Subsection
20A-1-1003(2)
.
(c)
The county clerk shall use the procedures described in Subsection
20A-1-1003(3)
to
determine whether to remove an individual's signature from a petition after receiving
a timely, valid statement requesting removal of the signature.
(6)
The seceding county legislative body shall cause the proposition to be submitted to the
voters residing in the seceding county at a special election to be held according to the
dates established in Section
20A-1-204
, first causing 30 days' notice of the election to be
given in the manner provided by law for giving notice of general elections.
(7)
The county clerk shall ensure that the special election is held, the result canvassed, and
returns made under the provisions of the general election laws.
(8)
The form of ballot to be used at the special election shall be:
For the creation of (supplying the name proposed) county.
Against the creation of (supplying the name proposed) county.
(9)
(a)
Subject to Subsection
(9)(b)
, the expenses of any special election described in this
section shall be paid out of the general fund of the seceding county.
(b)
If the voters approve the creation of the new county, the new county shall reimburse
the seceding county for half of the cost of the special election within one year of the
effective date of the new county from the general fund of the new county.
Section 10. Section
17-61-404
is amended to read:
17-61-404
. Records to be transmitted -- Expenses for transcribing and transfer.
(1)
(a)
Whenever a new county is created under the provisions of this part, the county
executive of the seceding county shall furnish to the respective officers of the new
county, in a form suitable for creating permanent records, certified copies of all
records or parts of records pertaining to or affecting the title of real or personal
property in the new county.
(b)
The certified copies described in Subsection
(1)(a)
shall be complete as of the
effective creation date of the new county.
(c)
The original records, books, maps, or plats, whether filed or recorded, or filed papers
which exclusively relate to or affect the title to land in the new county or which affect
personal property owned by residents of the new county,

shall be transferred by the
seceding county to the custody of the relevant county officer of the new county.
(d)
For a record of any antecedent county that has been compiled or arranged in a
manner that the record may be divided by segregating the instruments that relate to or
affect exclusively the title to land in the new county or personal property owned by
residents of the new county, the record shall be divided and the separate parts of the
divided record shall be the property of the county to which the information within the
record relates.
(2)
The county clerk of a seceding county shall transfer to the new county:
(a)
(i)
except as provided in Subsection
(2)(a)(ii)
, original records in the possession of
the seceding county of all corporations whose principal place of business is
situated in the new county; or
(ii)
if the original record of a corporation is unavailable, or it is otherwise impractical
to transfer an original record, a certified copy of the original record in the
possession of the seceding county pertaining to any corporation whose principal
place of business is situated in the new county along with all original documents,
files, and papers relating to the corporation;
(b)
(i)
except as provided in Subsection
(2)(b)(ii)
, certified copies of all recorded
official bonds
, if any,
of county officers within the new county in force at the time
the new county is created; or
(ii)
if
the
an
official bond of a county officer is recorded in such manner that the
original record may be transferred to the new county, the official bond;
(c)
bonds of local officers within the new county which are required by law to be filed, if
in the possession of the seceding county;
(d)
official registers, books, papers, and files of every description relating to or affecting
elections, both general and local, which shall have been held in any district, precinct,
or other subdivision wholly within the new county that are in the possession of the
seceding county;
(e)
certified copies of the last election proceedings had in any districts which are partly
in the new county and partly in the seceding county;
(f)
records, maps, plats, files, and papers relating to or affecting the creation, regulation
and operation of irrigation, drainage and mosquito abatement districts which are
wholly within the new county and in the possession of the seceding county; and
(g)
certified copies of records, maps, plats, files, and papers relating to and affecting the
creation, regulation and operation of irrigation, drainage, and mosquito abatement
districts which are partly in the new and partly in the seceding county.
(3)
All expenses lawfully incurred by a seceding county for transcribing, copying, and
transferring records provided for in this section shall be reimbursed from the general
funds of the new county no later than 30 days from the day on which the record is
transferred to the new county.
Section 11. Section
17-61-406
is amended to read:
17-61-406
. Pending civil and criminal actions -- Previous offenses.
(1)
All civil and criminal actions that are pending in the territory embraced in a new county
shall
at the time the new county is created may
be prosecuted to judgment and execution
in the new county.
(2)
All actions pending in the district court or the juvenile court in any county shall be
prosecuted to judgment and execution in the county in which the
same
actions
are
pending, subject to change of venue as provided by law.
(3)
An offense that was committed within the boundaries of a new county before the new
county was created may be prosecuted to judgment and execution in the new county.
Section 12. Section
17-62-303
is amended to read:
17-62-303
. Registered voter initiation of adoption of optional plan --
Certification of petition signatures -- Removal of signature -- Procedure.
(1)
(a)
Registered voters of a county may initiate the process of adopting an optional plan
by filing with the county clerk a notice of intent to gather signatures for a petition:
(i)
for the establishment of a study committee described in Section
17-62-402
; or
(ii)
to adopt an optional plan that:
(A)
accompanies the petition during the signature gathering process and
accompanies the petition in the submission to the county clerk under
Subsection
(2)(b)
; and
(B)
complies with the requirements described in Sections
17-62-403
and
17-62-404
.
(b)
A notice of intent described in Subsection
(1)(a)
shall:
(i)
designate five sponsors for the petition;
(ii)
designate a contact sponsor to serve as the primary contact for the petition
sponsors;
(iii)
list the mailing address and telephone number of each of the sponsors; and
(iv)
be signed by each of the petition sponsors.
(c)
Registered voters of a county may not file a notice of intent to gather signatures in
bad faith.
(2)
(a)
The sponsors of a petition may circulate the petition after filing a notice of intent
to gather signatures under Subsection
(1)
.
(b)
(i)
Except as provided in Subsection
(2)(b)(ii)
, the petition is valid if the petition
contains the number of legal signatures required under Subsection
20A-7-501(2)
.
(ii)
For a county of the fifth or sixth class, the petition is valid if the petition contains
at least the number of legal signatures equal to 30% of the number of active
voters, as defined in Section
20A-7-501
, in the county.
(iii)
The county clerk may not count a signature that was collected for the petition
before the petition sponsors filed a notice of intent under Subsection
(1)(a)
.
(iv)
Notwithstanding any other provision of law, an individual may not sign a petition
circulated under this section by electronic signature as defined in Section
20A-1-202
.
(c)
Except as provided in Subsection
(4)(b)(ii)
, the sponsors of the petition shall submit
the completed petition and any amended or supplemental petition described in
Subsection
(4)
with the county clerk
not more
no later
than 180 days after the day on
which the sponsors file the notice described in Subsection
(1)
.
(d)
(i)
Within 30 days after the day on which the sponsors submit a petition, the
sponsors shall submit financial disclosures to the county clerk that include:
(A)
a list of each contribution received by the sponsors and the name of the donor;
and
(B)
a list of each expenditure for purposes of furthering or sponsoring the petition
and the recipient of each expenditure.
(ii)
The county clerk shall publish the financial disclosures described in Subsection
(2)(d)(i)
.
(iii)
All sponsors of a petition shall date and sign each list described in Subsection
(2)(d)(i)
.
(3)
Within 30 days after the day on which the sponsors submit a petition under Subsection
(2)(c)
or an amended or supplemental petition under Subsection
(4)
, the county clerk
shall:
(a)
(i)
use the procedures described in Section
20A-1-1002
to determine whether a
signer is a registered voter; and
(ii)
determine whether the petition or amended or supplemental petition has been
signed by the required number of registered voters;
(b)
(i)
if the petition was signed by a sufficient number of registered voters:
(A)
certify the petition;
(B)
deliver the petition to the county legislative body and county executive; and
(C)
notify the contact sponsor in writing of the certification; or
(ii)
if the petition was not signed by a sufficient number of registered voters:
(A)
reject the petition; and
(B)
notify the county legislative body and the contact sponsor in writing of the
rejection and the reasons for the rejection; and
(c)
for a petition described in Subsection
(1)(a)(ii)
, no later than 10 days after the day on
which the county clerk certifies the petition under Subsection
(3)(b)(i)
, the county
clerk shall send a copy of the optional plan that accompanied the petition to the
county attorney for review in accordance with Section
17-62-405
.
(4)
The sponsors of a petition circulated under this section may submit supplemental
signatures for the petition:
(a)
if the county clerk rejects the petition under Subsection
(3)(b)(ii)
; and
(b)
before the earlier of:
(i)
the deadline described in Subsection
(2)(c)
; or
(ii)
20 days after the day on which the county clerk rejects the petition under
Subsection
(3)(b)(ii)
.
(5)
With the unanimous approval of petition sponsors, a petition filed under this section
may be withdrawn at any time within 90 days after the day on which the county clerk
certifies the petition under Subsection
(3)(b)(i)
and no later than 45 days before an
election under Section
17-62-501
if the petition included a notification to petition
signers, in conspicuous language and in a conspicuous location, that the petition
sponsors are authorized to withdraw the petition.
(6)
(a)
A voter who signs a petition under this section may have the voter's signature
removed from the petition by, no later than three business days after the day on
which the sponsors submit the petition to the county clerk, submitting to the county
clerk a statement requesting that the voter's signature be removed.
(b)
A statement described in Subsection
(6)(a)
shall comply with the requirements
described in Subsection
20A-1-1003(2)
.
(c)
The county clerk shall use the procedures described in Subsection
20A-1-1003(3)
to
determine whether to remove an individual's signature from a petition after receiving
a timely, valid statement requesting removal of the signature.
Section 13. Section
17-62-501
is amended to read:
17-62-501
. Election on recommended optional plan.
(1)
If the county attorney finds under Section
17-62-405
that a proposed optional plan does
not violate a statutory or constitutional provision, a county shall hold an election on the
optional plan at the next regular general election that is
not less than 65
no later than
180
days after the day on which the county attorney submits to the county clerk the
attorney's report described in Section
17-62-405
.
(2)
The county clerk shall prepare the ballot for an election under this section so that the
question on the ballot states substantially the following:
"Shall ___________________ County adopt the alternate form of government known as
the (insert the proposed form of government) as recommended in the proposed optional plan?"
(3)
The county clerk shall:
(a)
publish the complete text of the proposed optional plan in a newspaper of general
circulation within the county at least once during two different calendar weeks within
the 30-day period immediately before the date of the election described in Subsection
(1)
;
(b)
post the complete text of the proposed optional plan in a conspicuous place on the
county's website during the 45-day period that immediately precedes the election on
the optional plan; and
(c)
make a complete copy of the optional plan and the study committee report available
free of charge to any member of the public who requests a copy.
(4)
A county clerk shall declare an optional plan as adopted by the voters if a majority of
voters voting on the optional plan vote in favor of the optional plan.
Section 14. Section
17-63-101
is amended to read:
17-63-101
. Definitions.
As used in this chapter:
(1)
"Accrual basis of accounting" means a method where revenues are recorded when
earned and expenditures recorded when they become liabilities notwithstanding that the
receipt of the revenue or payment of the expenditure may take place in another
accounting period.
(2)
"Appropriation" means an allocation of money for a specific purpose.
(3)
(a)
"Budget" means a plan for financial operations for a fiscal period, embodying
estimates for proposed expenditures for given purposes and the means of financing
the expenditures.
(b)
"Budget" may refer to the budget of a fund for which a budget is required by law, or
collectively to the budgets for all those funds.
(4)
"Budgetary fund" means a fund for which a budget is required, such as those described
in Section
17-63-301
.
(5)
"Budget period" means the fiscal period for which a budget is prepared.
(6)
"Check" means an order in a specific amount drawn upon the depositary by any
authorized officer in accordance with:
(a)
Section
17-69-307
; or
(b)
Section
17-74-301
.
(7)
"County general fund" means the general fund used by a county.
(8)
"Countywide service" means a service provided in both incorporated and
unincorporated areas of a county.
(9)
"Current period" means the fiscal period in which a budget is prepared and adopted.
(10)
"Department" means any functional unit within a fund which carries on a specific
activity.
(11)
"Encumbrance system" means a method of budgetary control where part of an
appropriation is reserved to cover a specific expenditure by charging obligations, such as
purchase orders, contracts, or salary commitments to an appropriation account. An
expenditure ceases to be an encumbrance when paid or when the actual liability is
entered in the books of account.
(12)
"Estimated revenue" means any revenue estimated to be received during the budget
period in any fund for which a budget is prepared.
(13)
"Finance officer" means:
(a)
(i)
the county auditor; or
(ii)
the person selected to provide accounting services for the county in accordance
with Section
17-69-304
17-69-401
; or
(b)
notwithstanding Subsection
(13)(a)
, for the purposes of preparing a tentative budget
in a county operating under a county executive-council form of county government,
the county executive.
(14)
"Fiscal period" means the annual or biennial period for recording county fiscal
operations.
(15)
"Fund" means an independent fiscal and accounting entity comprised of a sum of
money or other resources segregated for a specific purpose or objective.
(16)
"Fund balance" means the excess of the assets over liabilities, reserves, and
contributions, as reflected by its books of account.
(17)
"Fund deficit" means the excess of liabilities, reserves, and contributions over its
assets, as reflected by its books of account.
(18)
"General fund" means the same as that term is defined by the Governmental
Accounting Standards Board as reflected in the Uniform Accounting Manual for All
Local Governments prepared by the Office of the Utah State Auditor.
(19)
"Interfund loan" means a loan of cash from one fund to another, subject to future
repayment.
(20)
"Last completed fiscal period" means the fiscal period immediately before the current
period.
(21)
"Modified accrual basis of accounting" means a method under which expenditures
other than accrued interest on general long-term debt are recorded at the time liabilities
are incurred and revenues are recorded when they become measurable and available to
finance expenditures of the current period.
(22)
"Municipal capital project" means the acquisition, construction, or improvement of
capital assets that facilitate providing municipal service.
(23)
"Municipal service" means a service not provided on a countywide basis and not
accounted for in an enterprise fund, and includes police patrol, fire protection, culinary
or irrigation water retail service, water conservation, local parks, sewers, sewage
treatment and disposal, cemeteries, garbage and refuse collection, street lighting,
airports, planning and zoning, local streets and roads, curb, gutter, and sidewalk
maintenance, and ambulance service.
(24)
"Retained earnings" means that part of the net earnings retained by an enterprise or
internal service fund which is not segregated or reserved for any specific purpose.
(25)
"Special fund" means any fund other than the county general fund.
(26)
"Unappropriated surplus" means that part of a fund which is not appropriated for an
ensuing budget period.
(27)
"Warrant" means an order for payment in a specific amount, issued by a county officer
or county employee with the authority to make the order, directing the disbursement of
funds.
Section 15. Section
17-63-503
is amended to read:
17-63-503
. Warrants -- Payment -- Registration -- Duty of auditor.
(1)
Warrants drawn by order of the county executive on the county treasurer for current
expenses during each year shall specify:
(a)
the liability for which the warrant is drawn;
(b)
when the liability accrued; and
(c)
the funds from which the warrant is to be paid.
(2)
Warrants shall be paid in the order of presentation to the treasurer.
(3)
If a fund is insufficient to pay any warrant, the warrant shall be registered and then paid
in the order of registration.
(4)
Accounts for county charges of every description shall be presented to the county auditor

or county finance officer
and county executive to be audited as prescribed in this chapter
or
Chapter 69, County Auditor
.
Section 16. Section
17-63-505
is amended to read:
17-63-505
. Costs between counties from change of venue in civil cases.
(1)
(a)
Except as provided in Subsection
(2)
, in a civil case where
any
change of venue
is granted from one county to another,

the costs and expenses connected with the
trial of the action that are payable by the county
proceedings
shall be refunded by the
county in which the action originated to the county in which the case is
tried, upon
tried or is otherwise resolved.
(b)
the county clerk of the county wherein the case is tried certifying
The county
attorney of the county that receives a civil case following a change of venue shall
certify
the amount of costs
so paid
and expenses
to the county
clerk
attorney
of the
county wherein the
action
civil case
originated.
(2)
Subsection
(1)
does not apply to a civil case where the change of venue is granted
because the civil action should have been filed in the county to which the case is taken
for trial.
Section 17. Section
17-63-601
is amended to read:
17-63-601
. Financial administration ordinance -- Purposes.
(1)
The county legislative body, after consultation with the county
auditor
finance officer
,
may adopt a financial administration ordinance authorizing the county
auditor
finance
officer
, county executive, county manager, or, in the case of county-operated hospitals
or mental health districts, an appointed administrator, to act as the financial officer for
the purpose of approving:
(a)
payroll checks, if the checks are prepared in accordance with a salary schedule
established in a personnel ordinance or resolution; or
(b)
routine expenditures, such as utility bills, payroll-related expenses, supplies,
materials, and payments on county-approved contracts and capital expenditures
which are referenced in the budget document and approved by an appropriation
resolution adopted for the current fiscal year.
(2)
A financial administration ordinance adopted in accordance with Subsection
(1)
shall
provide:
(a)
a maximum amount over which purchases may not be made without the approval of
the county executive;
and
(b)
that the financial officer be bonded for a reasonable amount; and
(c)
(b)
any other provisions the county legislative body considers advisable.
Section 18. Section
17-63-604
is amended to read:
17-63-604
. Presentation of annual report by independent auditor -- Notice that
audit complete.
(1)
The annual report required by Section
17-63-603
may be satisfied by a county by the
presentation of the report of the independent auditor on the results of operations for the
year and financial condition at the midpoint of the fiscal period or at the close of the
fiscal period if it is prepared in conformity with the uniform system of budgeting,
accounting, and reporting.
(2)
Independent audits are required for all counties as provided in Title
51, Chapter 2a
,
Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other
Local Entities Act.
(3)
Within 10 days after the receipt of the audit report furnished by the independent auditor,
the county
auditor
finance officer
shall prepare and publish a notice to the public that
the county audit is complete:
(a)
at least twice in a newspaper of general circulation within the county
on the county's
website
; and
(b)
as required in Section
45-1-101
.
(4)
A copy of the
independent
county audit may be inspected at

:
(a)
the office of the county finance officer, if the county finance officer has an office at
the county seat; or
(b)
the office of the county auditor.
Section 19. Section
17-63-605
is amended to read:
17-63-605
. Internal control structure.
(1)
Each county legislative body shall, with the advice and assistance of the county
auditor
finance officer
and county treasurer, implement an internal control structure to ensure,
on a reasonable basis, that all valid financial transactions of the county are identified and
recorded accurately and timely.
(2)
The objectives of the internal control structure described in Subsection
(1)
shall be to
ensure:
(a)
the proper authorization of transactions and activities;
(b)
the appropriate segregation of:
(i)
the duty to authorize transactions;
(ii)
the duty to record transactions; and
(iii)
the duty to maintain custody of assets;
(c)
the design and use of adequate documents and records to ensure the proper recording
of events;
(d)
adequate safeguards over access to and use of assets and records; and
(e)
independent checks on performance and proper valuation of recorded amounts.
(3)
A county shall:
(a)
assist the state auditor in complying with Section
17E-2-404
; and
(b)
consider and implement improvements and updates to the internal control structure,
as recommended by the state auditor under Section
17E-2-404
.
Section 20. Section
17-63-702
is amended to read:
17-63-702
. Taxation for county purposes -- Statement of county debt required.
(1)
A county legislative body may levy taxes upon the taxable property, real or personal,
within the county for any and all county purposes.
(2)
(a)
The county auditor
or county finance officer
shall prepare a statement showing the
indebtedness of the county, funded and floating, stating the amount of each class and
the rate of interest borne by such indebtedness or any part of the indebtedness before
the annual meeting of the county legislative body for levying taxes.
(b)
The statement described in Subsection
(2)(a)
shall be prepared under the direction of
the county legislative body.
Section 21. Section
17-63-802
is amended to read:
17-63-802
. Operating and capital budget -- Expenditures.
(1)
(a)
As used in this section, "operating and capital budget" means a plan of financial
operation for an enterprise or other special fund embodying estimates of operating
and nonoperating resources and expenses and other outlays for a fiscal period.
(b)
Except as otherwise expressly provided, "budget" or "budgets" and the procedures
and controls relating to budgets in other sections of this chapter are not applicable to
the operating and capital budgets provided in this section.
(2)
At or before the time that the governing body adopts budgets for the budgetary funds
specified in Section
17-63-301
, the governing body shall adopt an operating and capital
budget for the next fiscal period for:
(a)
each enterprise fund; and
(b)
any other special nonbudgetary fund for which operating and capital budgets are
prescribed by the uniform system of budgeting, accounting, and reporting.
(3)
(a)
The governing body shall adopt and administer the operating and capital budget in
accordance with this Subsection
(3)
.
(b)
At or before the first day of the next to last month of each fiscal period, the finance
officer shall prepare for the next fiscal period on forms provided in accordance with
Section
17E-2-401
, and file with the governing body a tentative operating and capital
budget for:
(i)
each enterprise fund; and
(ii)
any other special fund that requires an operating and capital budget.
(c)
The tentative operating and capital budget shall be accompanied by a supplementary
estimate of all capital projects or planned capital projects:
(i)
within the next fiscal period; and
(ii)
within the fiscal period immediately following the fiscal period described in
Subsection
(3)(c)(i)
.
(d)
(i)
Subject to Subsection
(3)(d)(ii)
, the finance officer shall prepare all estimates
after review and consultation, if requested, with a department proposing a capital
project.
(ii)
After complying with Subsection
(3)(d)(i)
, the finance officer may revise any
departmental estimate before it is filed with the governing body.
(e)
(i)
Except as provided in Subsection
(3)(e)(iv)
, if a governing body includes in a
tentative budget, or an amendment to a budget, allocations or transfers between a
utility enterprise fund and another fund that are not reasonable allocations of costs
between the utility enterprise fund and the other fund, the governing body shall:
(A)
hold a public hearing;
(B)
prepare a written notice of the date, time, place, and purpose of the hearing, in
accordance with Subsection
(3)(e)(ii)
; and
(C)
subject to Subsection
(3)(e)(iii)
, mail the notice to each utility enterprise fund
customer at least seven days before the day of the hearing.
(ii)
The purpose portion of the written notice described in Subsection
(3)(e)(i)(B)

shall identify:
(A)
the utility enterprise fund from which money is being transferred;
(B)
the amount being transferred; and
(C)
the fund to which the money is being transferred.
(iii)
The governing body:
(A)
may print the written notice required under Subsection
(3)(e)(i)
on the utility
enterprise fund customer's bill; and
(B)
shall include the written notice required under Subsection
(3)(e)(i)
as a
separate notification mailed or transmitted with the utility enterprise fund
customer's bill.
(iv)
The notice and hearing requirements in this Subsection
(3)(e)
are not required for
an allocation or a transfer included in an original budget or in a subsequent budget
amendment previously approved by the governing body for the current fiscal year.
(f)
(i)
The governing body shall review the tentative operating and capital budget at
any regular or special meeting called for that purpose.
(ii)
In accordance with Subsection
(3)(f)(i)
, the governing body may make any
changes to the tentative operating and capital budget that the governing body
considers advisable.
(iii)
Before the close of the fiscal period, the governing body shall adopt an operating
and capital budget for the next fiscal period.
(g)
(i)
Upon final adoption by the governing body, the operating and capital budget
shall be in effect for the budget period subject to amendment.
(ii)
The governing body shall:
(A)
certify a copy of the operating and capital budget for each fund with the
county
finance officer; and
(B)
make a copy available to the public during business hours in the
offices of the
office of the county finance officer, if the county finance officer has an office
at the county seat, or the office of the
county auditor.
(iii)
The governing body shall file a copy of the operating and capital budget with the
state auditor within 30 days after the day on which the operating and capital
budget is adopted.
(iv)
The governing body may during the budget period amend the operating and
capital budget of an enterprise or other special fund by resolution.
(v)
A copy of the operating and capital budget as amended shall be filed with the
state auditor.
(4)
Any expenditure from an operating and capital budget shall conform to the requirements
for budgets specified by Sections
17-63-401
,
17-63-403
, and
17-63-501
.
Section 22. Section
17-64-402
is amended to read:
17-64-402
. Records to be kept.
A legislative body shall ensure the following records are kept:
(1)
a minute record, in which shall be recorded:
(a)
all orders and decisions made by the legislative body; and
(b)
the daily proceedings had at all regular and special meetings;
(2)
an allowance record, in which shall be recorded all orders for the allowance of money
from the county treasury, to whom made and on what account, dating, numbering, and
indexing the same through each year;
(3)
a road record, containing all proceedings and adjudications relating to the establishment,
maintenance, charge, and discontinuance of roads and road districts, and all contracts
and other matters pertaining thereto;
(4)
a franchise record, containing all franchises granted by the board, for what purpose, the
length of time, and to whom granted, the amount of bond and license tax required or
other consideration to be paid;
(5)
an ordinance record, in which shall be entered all ordinances and resolutions adopted by
the legislative body in accordance with
Part 5, Ordinances and Policies
; and
(6)
a warrant record, to be kept by the county
auditor
finance officer, as that term is
defined in Section
17-66-101
, in which shall be entered in the order of drawing all
warrants drawn on the treasurer, with
their
the warrant
number and reference to the
order on the minute record, with date, amount, on what account, and the name of the
payee.
Section 23. Section
17-64-405
is amended to read:
17-64-405
. Investigation by legislative body -- Witnesses -- Hearings.
(1)
A legislative body may investigate any matter pertaining to the county or county
business
,
or
affairs or
the actions of
any county officer
that impact county business or
operations
, and may require the attendance of witnesses and take evidence in legislative
body investigations.
(2)
At legislative body investigations, any member may administer oaths to witnesses.
(3)
If the legislative body appoints a member to a committee upon any subject or matter and
confers upon that member power to hear or take evidence, the committee shall have the
same powers as the legislative body itself.
Section 24. Section
17-66-101
is amended to read:
17-66-101
. Definitions.
As used in this chapter:
(1)
"Compensation" means:
(a)
salary, including salary paid under a contract;
(b)
a budgeted bonus or budgeted incentive pay;
(c)
a vehicle allowance; and
(d)
deferred salary.
(2)
"Compensation increase" means an increase in any item of compensation listed in
Subsection
(1)
.
(3)
"County office" means an office enumerated in Section
17-66-102
that is required to be
filled by an election.
(4)
"County officer" means an elected official enumerated in Section
17-66-102
.
(5)
"Finance officer" means:
(a)
the county auditor; or
(b)
if the county council has delegated accounting services under Section
17-69-401
, the
person selected by the county council to provide accounting services to the county.
(5)
(6)
"Governing body" means, respectively:
(a)
a county commission;
(b)
a county council and county executive; or
(c)
a county council and county manager.
(6)
(7)
"Legislative body" means the same as that term is defined in Section
17-64-101
.
Section 25. Section
17-66-104
is amended to read:
17-66-104
. Consolidation of county offices -- County clerk to perform duties of
county auditor under certain circumstances.
(1)
A legislative body may, unless prohibited by Subsection
(2)
, pass an ordinance that:
(a)
consolidates county offices and establishes the duties of consolidated county offices;
(b)
separates any previously consolidated offices and reconsolidates county offices; or
(c)
separates any previously consolidated county offices without reconsolidating them.
(2)
A legislative body may not:
(a)
consolidate the offices of county commissioner, county council member, or county
treasurer with the office of county auditor;
(b)
consolidate the office of county executive with the office of county auditor, unless a
referendum approving that consolidation passes; or
(c)
consolidate the offices of county commissioner, county council member, county
executive, county assessor, or county auditor with the office of county treasurer.
(3)
Each
Except as provided in Subsection
(5)
, each
legislative body shall ensure that any
ordinance consolidating or separating county offices:
(a)
is enacted before November 1 of the year before the year in which county officers are
elected; and
(b)
takes effect on the first Monday in January after the year in which county officers are
elected.
(4)
(a)
Each legislative body shall:
(i)
enact an ordinance by February 1, 2010, separating any county offices that are
prohibited from consolidation by this section; and
(ii)
publish, by February 15, 2010, a notice once in a newspaper of general circulation
in the county identifying the county offices that will be filled in the November
2010 election.
(b)
If a legislative body has, by February 1, 2006, enacted an ordinance, in compliance
with this Subsection
(4)
then in effect, separating county offices that are prohibited
from consolidation by this section, the legislative body may repeal that ordinance.
(5)
A county described in Section
17-70-103
may enact an ordinance consolidating the
offices of county clerk and county auditor at any time.
(6)
For a county of the first or second class, as classified under Section
17-60-104
, an
individual holding a consolidated county office shall meet all of the applicable
statutorily defined qualifications of each county office within the consolidated office,
including possession of any state-regulated license or certification.
(5)
Notwithstanding the provisions of this section and Section
17-66-102
, in counties
having a taxable value of less than $100,000,000, the county clerk shall be ex officio
county auditor and shall perform the duties of the office without extra compensation.
Section 26. Section
17-66-201
is amended to read:
17-66-201
. Eligibility and residency requirements for county office -- Election of
county officer to consolidated office.
(1)
An individual filing a declaration of candidacy for a county officer enumerated in
Section
17-66-102
or any other county elected official established by law shall:
(a)
be a United States citizen;
(b)
except as provided in Section
20A-1-509.2
with respect to the office of county
attorney or district attorney, as of the date of the election, have been a resident for at
least one year of the county, district, precinct, or prosecution district in which the
individual seeks office;
(c)
be a registered voter in the county, district, precinct, or prosecution district in which
the individual seeks office;
and
(d)
if the individual is filing a declaration of candidacy for the office of county auditor in
a county of the first class, meet the qualifications described in Section
17-69-202
; and
(e)
if the individual is filing a declaration of candidacy for the office of county assessor,
meet the qualifications for filing described in Section
17-67-201
.
(2)
(a)
A county, district, precinct, or prosecution district officer shall maintain residency
within the county, district, precinct, or prosecution district in which the officer was
elected during the officer's term of office.
(b)
If a county, district, precinct, or prosecution district officer establishes the officer's
principal place of residence as provided in Section
20A-2-105
outside the county,
district, precinct, or prosecution district in which the officer was elected, the office is
automatically vacant.
(3)
When county offices are consolidated, as described in Section
17-66-104
:
(a)
only one individual shall be elected to fill the consolidated offices; and
(b)
the individual elected shall:
(i)
take the oath required for each of the offices;
(ii)
obtain the crime insurance required for each of the offices, as established under
Section
17-66-105
; and
(iii)
discharge all the duties of each of the offices.
Section 27. Section
17-66-403
is amended to read:
17-66-403
. Salaries in case of consolidated offices.
(1)
Whenever the county legislative body consolidates the duties of any county officers, as
described in Section
17-66-104
, the salary of the individual discharging the duties of the
consolidated offices shall be fixed at a sum not exceeding the highest salary paid to
either of the county officers whose offices are so consolidated, plus:
(1)
(a)
an amount not exceeding one-half of the salary fixed for the second county
officer, when only two offices are consolidated; or
(2)
(b)
when more than two county offices are consolidated,

one-third of the
combined salaries of the other county officers.
(2)
Notwithstanding Subsection
(1)
, a county described in Section
17-70-103
may
compensate a county clerk serving as ex officio county auditor as described in Section
17-70-103
.
Section 28. Section
17-67-201
is amended to read:
17-67-201
. Assessor to be state qualified -- Vacancy -- Filling vacancy.
(1)
(a)
An individual elected to the office of county assessor shall:
(a)
(i)
meet the requirements described in Section
17-66-201
; and
(ii)
(A)
be a state-licensed or state-certified appraiser; or
(B)
if the individual filed a declaration of candidacy under Subsection
(1)(b)(ii)
,
become a state-licensed or state-certified appraiser no later than 36 months
after the day on which the individual's term of office begins.
(b)
(i)
except as provided in Subsection (1)(b)(ii), become a state-licensed or
state-certified appraiser no later than 36 months after the day on which the
individual's term of office begins; or
(ii)
in a county of the first, second, or third class, be a state-licensed or state-certified
appraiser before filing a declaration of candidacy for the office of county assessor.
(2)
(b)
An individual may file, and a county clerk may accept, a declaration of
candidacy for the office of county assessor if:
(i)
the individual is a state-licensed or state-certified appraiser; or
(ii)
in a county of the fourth, fifth, or sixth class, as classified under Section
17-60-104
, where no individual who is a state-licensed or state-certified appraiser
files a declaration of candidacy for the office of county assessor within the first
three days after the candidate filing period opens, any individual who meets the
requirements of Subsections
17-66-201(1)(a)
through
(c)
.
(2)
The county assessor's office is vacant if:
(a)
an assessor fails to meet the requirements described in Subsection
(1)
; or
(b)
no individual who meets the requirements described in Subsection
(1)
timely files a
declaration of candidacy for the office of county assessor.
(3)
(a)
If a vacancy described in Subsection
(2)
occurs, the county legislative body shall
:

(i)
fill the vacancy in accordance with
Sections
:
(A)
Section

17-66-203
and
;
(B)
Section
20A-1-508
.
; and
(C)
Subsection
(3)(b)
; or
(ii)
if it is not possible to fill the vacancy, contract with an individual to fulfill the
duties of the vacant office as described in Subsection
(4)
.
(b)
The
An
individual who the county legislative body selects to fill
the
a
vacancy
as
described in Subsection
(3)(a)(i)

shall be a state-licensed or state-certified appraiser
before the individual assumes the office of county assessor.
(4)
If the county legislative body cannot find an individual who meets the requirements
described in
Subsection (1)
this section
to fill a vacancy described in Subsection
(2)
,
the county legislative body may contract with a state-licensed or state-certified appraiser
from outside the county to
fill
fulfill the duties of the county assessor for
the remainder
of the county assessor's term of office.
Section 29. Section
17-69-101
is amended to read:
17-69-101
. Definitions.
As used in this chapter:
(1)
"Account" or "accounting" means:
(a)
the systematic recording, classification, or summarizing of a financial transaction or
event; and
(b)
the interpretation or presentation of the result of an action described in Subsection
(1)(a)
.
(2)
(a)
"Accounting services" means the creation, modification, or deletion of
transactions and records in a financial accounting system, including the preparation
of a county's annual financial report.
(b)
"Accounting services" does not include the creation of a purchase order.
(3)
"Audit" or "auditing" means an examination that is a formal analysis of a county
account or county financial record:
(a)
to verify accuracy, completeness, or compliance with an internal control;
(b)
to give a fair presentation of a county's financial status; and
(c)
that conforms to the uniform classification of accounts established by the state
auditor.
(4)
"Book" means a financial record of the county, regardless of a record's format.
(5)
(a)
"Budget" or "budgeting" means the preparation or presentation of a proposed or
tentative budget as provided in
Chapter 63, Fiscal Authority and Processes
.
(b)
"Budget" or "budgeting" includes:
(i)
a revenue projection;
(ii)
a budget request compilation; or
(iii)
the performance of an activity described in Subsection
(5)(b)(i)
or
(ii)
.
(6)
(a)
"Claim" means under the color of law:
(i)
a demand presented for money or damages; or
(ii)
a cause of action presented for money or damages.
(b)
"Claim" does not mean a routine, uncontested, or regular payment, including a bill,
purchase, or payroll.
(7)
(a)
"County auditor" means the county officer elected as the county auditor under
Chapter 66, County Auditor
Chapter 69, County Auditor
.
(b)
"County auditor" includes an individual given the title of county controller under
Subsection
17-69-301(5)
.
(8)
"County executive" means the elected chief executive officer of a county under
Chapter
66, County Officers and Officials Generally
.
(9)
"Finance officer" means the same as that term is defined in Section
17-66-101
.
(9)
(10)
"Performance audit" means an assessment of whether a county office, officer,
department, division, court, or entity, or any related county program is:
(a)
managing public resources and exercising authority in compliance with law and
policy;
(b)
achieving objectives and desired outcomes; and
(c)
providing services effectively, efficiently, economically, ethically, and equitably.
(10)
(11)
"Renumeration" means a warrant, check, or other payment mechanism.
(11)
(12)
"Warrant" means an order for payment, issued by a county officer or county
employee with the authority to make the order, directing the disbursement of funds.
Section 30. Section
17-69-103
is amended to read:
17-69-103
. County clerk ex officio county auditor in certain counties.
In accordance with Section
17-66-104
17-70-103
, in counties having a taxable value of
less than $100,000,000, the county clerk shall
:
(1)

be ex officio auditor of the county
; and
.
(2)
shall perform the duties of the office without extra compensation.
Section 31. Section
17-69-301
is amended to read:
17-69-301
. Duties and services.
(1)
A county auditor shall perform:
(a)
in accordance with Section
17-69-304
17-69-401
, an accounting duty or service
described in this chapter;
(b)
an auditing duty or service described in this chapter; and
(c)
other duties as may be required by law.
(2)
A county auditor shall provide to the county legislative body a statement of county debt
in accordance with Section
17-63-702
.
(3)
A county auditor may conduct, in relation to any county officer or county office,
department, division, court, or entity, as the county auditor considers necessary, the
following duties and services:
(a)
financial audits;
(b)
attestation-level examinations, reviews, and agreed-upon procedures, engagements,
or reviews of financial statements;
(c)
subject to Section
17-69-303
, performance audits;
(d)
subject to Section
17-69-304
17-69-401
, accounting services; and
(e)
other duties as required by law.
(4)
In a county of the first class, the county auditor shall conduct the services under
Subsections
(3)(a)
through
(c)
in accordance with generally accepted government
auditing standards.
(5)
A county legislative body may change the title of county auditor to county controller for
a county auditor's office that predominantly performs accounting services.
(6)
The county auditor may not conduct the services described in Subsections
(3)(a)

through
(c)
with respect to the auditor's own office, accounts, or financial records.
(7)
Nothing in this chapter limits a county legislative body's authority under Section
17-64-404
or a county executive's authority under Section
17-65-304
.
Section 32. Section
17-69-304.1
, which is renumbered from Section 17-69-308 is renumbered
and amended to read:
17-69-308
17-69-304.1
. Investigations -- Report of findings.
(1)
(a)
A county auditor:
(i)
may conduct an investigation of an issue or action associated with or related to the
county auditor's statutory duties, including investigating a book or account of a
county office, officer, department, division, court, or entity; and
(ii)
may not conduct an investigation of an issue or action that is not associated with
or related to the county auditor's statutory duties.
(b)
A county officer, employee, or other county administrative entity shall grant the
county auditor complete and free access to a book the county auditor requests in
accordance with Subsection
(1)(a)(i)
.
(c)
A county auditor, with the assistance of the county attorney or district attorney, may:
(i)
administer an oath or affirmation; or
(ii)
issue an administrative subpoena for a witness or document necessary to the
performance of the county auditor's statutory duties.
(2)
A county auditor, after a complete investigation, shall prepare a report of the county
auditor's findings and submit the report to the county executive if the county auditor
finds that:
(a)
a book or account of a county office, officer, department, division, court, or entity is
not kept in accordance to law; or
(b)
a county office, officer, department, division, court, or entity has made an incorrect
or improper financial report.
(3)
A county auditor, after a complete investigation, shall prepare a report of the county
auditor's findings and submit a copy of the report to the state court administrator, the
county executive, and the county legislative body if the county auditor finds that:
(a)
a justice court judge has not kept a book or account according to law; or
(b)
a justice court judge has made an incorrect or improper financial report.
Section 33. Section
17-69-401
, which is renumbered from Section 17-69-304 is renumbered
and amended to read:
4. Accounting and County Finance Officer
17-69-304
17-69-401
. Accounting services.
(1)
Except as provided in Subsections
(2)
and
(3)
, the county auditor shall provide
accounting services for the county.
(2)
For a county operating under the county executive-council form of government as
described in Section
17-62-203
, the county council may, by ordinance, delegate
accounting services provided for or executed on behalf of the entire county:
(a)
to the county executive; or
(b)
to a county office's or department's officer or director.
(3)
For a county operating under the council-manager form of county government as
described in Section
17-62-204
, if the county auditor provides preapproval or
postpayment review for all payments by the county, the county council may by
ordinance passed on or before December 31, 2021, delegate accounting services
provided for or executed on behalf of the entire county:
(a)
to the county manager; or
(b)
to a county office's or department's officer or director.
(4)
If a county council delegates the provision of accounting services
to a finance officer
in
accordance with Subsection
(2)
or
(3)
:
(a)
the county council shall make the delegation in accordance with good management
practice to foster:
(i)
effectiveness;
(ii)
efficiency; and
(iii)
the adequate protection of a county asset;
(b)
the county council shall make the delegation by considering appropriate checks and
balances within county government;
and
(c)
the county entity that is selected to provide accounting services shall prepare the
tentative budget as provided in
Chapter 63, Fiscal Authority and Processes
.
; and
(d)
the county auditor is not required to fulfill an accounting obligation described by
statute unless the statute explicitly states that the county auditor shall provide an
accounting obligation.
Section 34. Section
17-69-402
, which is renumbered from Section 17-69-305 is renumbered
and amended to read:
17-69-305
17-69-402
. Management of financial records -- Disposal of records.
(1)
A county
auditor
finance officer
shall:
(a)
maintain the books of the county in a manner that shows the amount of receipts from
and disbursement of a county office, department, division, or entity;
(b)
keep accounts current with the county treasurer;
(c)
preserve a document, book, record, or paper that the county legislative body requires
the county auditor to keep in the county auditor's office
, or ensure preservation of a
document, book, record, or paper that the county legislative body requires the county
auditor to keep in the county auditor's office
; and
(d)
make an item described in Subsection
(1)(c)
available for public inspection during
office hours.
(2)
The county
auditor
finance officer
shall, in accordance with
Title 63G, Chapter 2,
Government Records Access and Management Act
, remove from the county
auditor's
finance officer's
files and destroy or otherwise dispose of:
(a)
fee statements of a county officer;
(b)
county warrants; and
(c)
claims against the county.
Section 35. Section
17-69-403
, which is renumbered from Section 17-69-306 is renumbered
and amended to read:
17-69-306
17-69-403
. Reporting -- State treasurer -- County legislative body.
(1)
On or before the last day of each month, the county finance officer shall submit a report
to the state treasurer regarding the county's collection, care, and disbursement of state
money during the preceding month.
(2)
The county
auditor
finance officer
and the county treasurer shall, as required by the
county legislative body, make a joint report to the county executive and the county
legislative body accounting for the county's financial condition.
(3)
If a county auditor determines that a county office, officer, department, division, court,
or entity has not implemented a county auditor's prior recommendation in connection
with a previous financial audit, performance audit, examination, or review, the county
auditor shall notify the county legislative body that the county entity has not
implemented the recommendation.
Section 36. Section
17-69-404
, which is renumbered from Section 17-69-307 is renumbered
and amended to read:
17-69-307
17-69-404
. Payments and warrants.
(1)
(a)
Subject to Subsection
(1)(b)
, if a debt or demand against a county is fixed by law,
the debt or demand shall be paid by:
(i)
subject to Subsection
(2)(a)
, a warrant drawn by the county
auditor
finance officer

or the county treasurer; or
(ii)
subject to Subsection
(2)(b)
, a check or other payment mechanism as may be
adopted in accordance with
Chapter 63, Fiscal Authority and Processes
.
(b)
Subsection
(1)(a)
does not apply to a debt or demand against the county that is, in
accordance with law, audited by another person or tribunal.
(2)
(a)
The county
auditor
finance officer
shall:
(i)
distinctly specify on a warrant the liability for which the warrant is made and
when the liability accrued; and
(ii)
notify the county treasurer:
(A)
as described in Subsection
(3)
, of the date, amount, payee of, and number
assigned to a warrant; and
(B)
of the aggregate amount of all contemporaneous payments by warrant.
(b)
The county
auditor
finance officer
shall notify the county treasurer and county
executive:
(i)
as described in Subsection
(3)
, of the amount and payee of all payments made by
check or other payment mechanism;
(ii)
as described in Subsection
(3)
, the date of and number assigned to a check or
other payment mechanism; and
(iii)
the aggregate amount of a contemporaneous payment.
(3)
For a remuneration issued by the
county auditor, the auditor
county finance officer, the
finance officer
shall:
(a)
number each remuneration consecutively, commencing annually on the first day of
January; and
(b)
state on the remuneration:
(i)
the number of the remuneration;
(ii)
the date of payment;
(iii)
the amount of the payment made;
(iv)
the name of the person to whom payable; and
(v)
the purpose for which the remuneration was made.
(4)
The county
auditor
finance officer
shall dispose of a payment not presented for
collection in accordance with
Title 67, Chapter 4a, Revised Uniform Unclaimed
Property Act
.
(5)
The county legislative body may delegate by ordinance the processing of payments and
warrants in accordance with Section
17-69-304
.
Section 37. Section
17-70-101
is amended to read:
17-70-101
. Definitions.
Reserved.
As used in this chapter, "finance officer" means the same as that term is
defined in Section
17-66-101
.
Section 38. Section
17-70-103
is amended to read:
17-70-103
. Ex officio auditor in certain counties.
(1)
In accordance with
Section
17-66-102
Sections
17-66-104
and
17-66-403
, in counties
having a taxable value of less than $100,000,000
,
the county clerk shall:
(1)
(a)
be ex officio auditor of the county
, as described in Section
17-69-103
; and
(2)
(b)
except as provided in Subsection
(2)
,
shall perform the duties of the office
without extra compensation.
(2)
The legislative body of a county described in Subsection
(1)
may elect to pay the county
clerk an additional amount, not to exceed the limits described in Subsection
17-66-403(1)
.
Section 39. Section
17-70-302
is amended to read:
17-70-302
. Duties.
A county clerk shall:
(1)
record all proceedings of the county legislative body;
(2)
make full entries of all resolutions and decisions of the county legislative body on all
questions concerning the county;
(3)
record the vote of each member of the county legislative body on any motion where
there is a division of the county legislative body;
(4)
prepare and certify duplicate lists of all claims

that:
(a)
show the amount of each claim or order;
(b)
show the date of each claim or order;
(c)
show the date of the county's allowance or rejection of the claim; and
(d)
are countersigned by the county executive;
(5)
deliver one of the lists referred to in Subsection
(4)
to the:
(a)
county
auditor
finance officer
; and
(b)
county treasurer;
(6)
file and preserve a county officer's report to the county legislative body;
(7)
file and preserve all accounts except accounts that are kept by the county
auditor
finance officer
;
(8)
file and preserve all petitions and applications for franchises;
(9)
record the county legislative body's action on petitions and applications for franchises;
(10)
authenticate with the clerk's signature and the seal of the county the county legislative
body's proceedings;
(11)
authenticate with the clerk's signature and the seal of the county all ordinances the
county legislative body passes, and record them in the ordinance book;
(12)
record all orders levying taxes;
(13)
keep at the county clerk's office all county books, records, and accounts that the county
clerk is required by law to keep;
(14)
during regular business hours, provide for public inspection all county books, records,
and accounts that the county clerk is required by law to keep;
(15)
perform all other duties the county legislative body requires by:
(a)
ordinance; or
(b)
resolution;
(16)
establish policies to issue marriage licenses to county residents and individuals getting
married in the county;
(17)
keep a register of marriage licenses the county clerk issues;
(18)
establish policies to ensure that the county clerk, or a designee of the county clerk who
is willing, is available during business hours to solemnize a legal marriage for which a
marriage license has been issued;
(19)
execute with the county clerk's seal described in Section
17-70-102
all deeds and
conveyances of all real estate conveyed by the county;
(20)
take and certify acknowledgments;
(21)
administer oaths;
(22)
keep a fee schedule as provided by law;
(23)
take charge of and safely keep the seal of the county described in Section
17-64-103
;
and
(24)
keep other records and perform other duties as may be prescribed by law.
Section 40. Section
17-70-403
is amended to read:
17-70-403
. Campaign financial disclosure in county elections.
(1)
A county shall adopt an ordinance establishing campaign finance disclosure
requirements for:
(a)
candidates for county office; and
(b)
candidates for local school board office who reside in that county.
(2)
The ordinance required by Subsection
(1)
shall include:
(a)
a requirement that each candidate for county office or local school board office
report the candidate's itemized and total campaign contributions and expenditures at
least once within the two weeks before the election and at least once within two
months after the election;
(b)
a definition of "contribution" and "expenditure" that requires reporting of
nonmonetary contributions such as in-kind contributions and contributions of
tangible things;
(c)
a requirement that the financial reports identify:
(i)
for each contribution, the name of the donor of the contribution, if known, and the
amount of the contribution; and
(ii)
for each expenditure, the name of the recipient and the amount of the expenditure;
(d)
a requirement that a candidate for county office or local school board office deposit a
contribution in a separate campaign account into a financial institution;
(e)
a prohibition against a candidate for county office or local school board office
depositing or mingling any contributions received into a personal or business account;
(f)
a requirement that a candidate for county office who receives a contribution that is
cash or a negotiable instrument, exceeds $50, and is from a donor whose name is
unknown, shall, within 30 days after receiving the contribution, disburse the amount
of the contribution to:
(i)
the treasurer of the state or a political subdivision for deposit into the state's or
political subdivision's general fund; or
(ii)
an organization that is exempt from federal income taxation under Section
501(c)(3), Internal Revenue Code;
(g)
a requirement that a candidate seeking appointment to fill a midterm vacancy in a
county office or local school board office file the financial report described in
Subsection
(2)(c)
with the county clerk:
(i)
for a county office vacancy described in Subsection
20A-1-508(3)
or
(7)
, no later
than three business days before the day on which the political party of the prior
officeholder submits the candidate's name to the county legislative body as the
individual the political party selects to fill the vacancy;
(ii)
for a county or district attorney office vacancy described in Subsection
20A-1-509.1(5)(a)
, no later than three business days before the day on which the
political party of the prior officeholder submits the candidate's name to the county
legislative body as one of the three individuals the party nominates to fill the
vacancy;
(iii)
for a county or district attorney office vacancy described in Section
20A-1-509.2
:
(A)
no later than the deadline for the candidate to submit an application to fill the
vacancy under Subsection
20A-1-509.2(2)(c)
; and
(B)
if, under Subsection
20A-1-509.2(3)
, more than three attorneys submit an
application to fill the vacancy, no later than three business days before the day
on which the political party of the prior officeholder submits the candidate's
name to the county legislative body as one of the three individuals the party
nominates to fill the vacancy; or
(iv)
for a local school board office vacancy, no later than three business days before
the day on which the local school board meets to interview each candidate
interested in filling the vacancy in accordance with Section
20A-1-511
; and
(h)
a requirement that, upon receipt of the financial report described in Subsection
(2)(g)
,
the county clerk immediately submit a copy of the report to the county legislative
body.
(3)
(a)
As used in this Subsection
(3)
, "account" means an account in a financial
institution:
(i)
that is not described in Subsection
(2)(d)
; and
(ii)
into which or from which a person who, as a candidate for an office, other than a
county office for which the person files a declaration of candidacy or federal
office, or as a holder of an office, other than a county office for which the person
files a declaration of candidacy or federal office, deposits a contribution or makes
an expenditure.
(b)
The ordinance required by Subsection
(1)
shall include a requirement that a
candidate for county office or local school board office include on a financial report
filed in accordance with the ordinance a contribution deposited in or an expenditure
made from an account:
(i)
since the last financial report was filed; or
(ii)
that has not been reported under a statute or ordinance that governs the account.
(4)
If any county fails to adopt a campaign finance disclosure ordinance described in
Subsection
(1)
, candidates for county office, other than community council office, and
candidates for local school board office shall comply with the financial reporting
requirements contained in Subsections
(5)
through
(10)
.
(5)
A candidate for elective office in a county or local school board office:
(a)
shall deposit a contribution into a separate campaign account in a financial
institution; and
(b)
may not deposit or mingle any contributions received into a personal or business
account.
(6)
Each candidate for elective office in any county who is not required to submit a
campaign financial statement to the lieutenant governor, and each candidate for local
school board office, shall file a signed campaign financial statement with the county
clerk:
(a)
seven days before the date of the regular general election, reporting each contribution
and each expenditure as of 10 days before the date of the regular general election; and
(b)
no later than 30 days after the date of the regular general election.
(7)
(a)
The statement filed seven days before the regular general election shall include:
(i)
a list of each contribution received by the candidate, and the name of the donor, if
known; and
(ii)
a list of each expenditure for political purposes made during the campaign period,
and the recipient of each expenditure.
(b)
The statement filed 30 days after the regular general election shall include:
(i)
a list of each contribution received after the cutoff date for the statement filed
seven days before the election, and the name of the donor; and
(ii)
a list of all expenditures for political purposes made by the candidate after the
cutoff date for the statement filed seven days before the election, and the recipient
of each expenditure.
(8)
(a)
As used in this Subsection
(8)
, "account" means an account in a financial
institution:
(i)
that is not described in Subsection
(5)(a)
; and
(ii)
into which or from which a person who, as a candidate for an office, other than a
county office for which the person filed a declaration of candidacy or federal
office, or as a holder of an office, other than a county office for which the person
filed a declaration of candidacy or federal office, deposits a contribution or makes
an expenditure.
(b)
A county office candidate and a local school board office candidate shall include on
any campaign financial statement filed in accordance with Subsection
(6)
or
(7)
:
(i)
a contribution deposited into an account:
(A)
since the last campaign finance statement was filed; or
(B)
that has not been reported under a statute or ordinance that governs the
account; or
(ii)
an expenditure made from an account:
(A)
since the last campaign finance statement was filed; or
(B)
that has not been reported under a statute or ordinance that governs the
account.
(9)
Within 30 days after receiving a contribution that is cash or a negotiable instrument,
exceeds $50, and is from a donor whose name is unknown, a county office candidate
shall disburse the amount of the contribution to:
(a)
the treasurer of the state or a political subdivision for deposit into the state's or
political subdivision's general fund; or
(b)
an organization that is exempt from federal income taxation under Section 501(c)(3),
Internal Revenue Code.
(10)
Candidates for elective office in any county, and candidates for local school board
office, who are eliminated at a primary election shall file a signed campaign financial
statement containing the information required by this section not later than 30 days after
the primary election.
(11)
(a)
A candidate seeking appointment to fill a midterm vacancy in a county office or
local school board office shall:
(i)
comply with Subsections
(5)
and
(9)
; and
(ii)
file a signed campaign financial statement with the county clerk no later than the
deadline described in Subsection
(2)(g)
.
(b)
Upon receipt of the campaign financial statement described in Subsection
(11)(a)(ii)
,
the county clerk shall immediately submit a copy of the statement to the county
legislative body.
(12)
Any individual who fails to comply with this section is guilty of an infraction.
(13)
(a)
Counties may, by ordinance, enact requirements that:
(i)
require greater disclosure of campaign contributions and expenditures; and
(ii)
impose additional penalties.
(b)
The requirements described in Subsection
(13)(a)
apply to a local school board office
candidate who resides in that county.
(14)
If a candidate fails to file an interim report due before the election, the county clerk:
(a)
may send an electronic notice to the candidate and the political party of which the
candidate is a member, if any, that states:
(i)
that the candidate failed to timely file the report; and
(ii)
that, if the candidate fails to file the report within 24 hours after the deadline for
filing the report, the candidate will be disqualified and the political party will not
be permitted to replace the candidate; and
(b)
impose a fine of $100 on the candidate.
(15)
(a)
The county clerk shall disqualify a candidate and inform the appropriate election
officials that the candidate is disqualified if the candidate fails to file an interim
report described in Subsection
(14)
within 24 hours after the deadline for filing the
report.
(b)
The political party of a candidate who is disqualified under Subsection
(15)(a)
may
not replace the candidate.
(c)
A candidate who is disqualified under Subsection
(15)(a)
shall file with the county
clerk a complete and accurate campaign finance statement within 30 days after the
day on which the candidate is disqualified.
(16)
If a candidate is disqualified under Subsection
(15)(a)
, the election official:
(a)
shall:
(i)
notify every opposing candidate for the county office that the candidate is
disqualified;
(ii)
send an email notification to each voter who is eligible to vote in the county
election office race for whom the election official has an email address informing
the voter that the candidate is disqualified and that votes cast for the candidate will
not be counted
, if the candidate is disqualified 65 or fewer days before the election
;
(iii)
post notice of the disqualification on the county's website; and
(iv)
if practicable, remove the candidate's name from the ballot by blacking out the
candidate's name before the ballots are delivered to voters; and
(b)
may not count any votes for that candidate.
(17)
An election official may fulfill the requirement described in Subsection
(16)(a)
in
relation to a mailed ballot, including a military or overseas ballot, by including with the
ballot a written notice directing the voter to the county's website to inform the voter
whether a candidate on the ballot is disqualified.
(18)
A candidate is not disqualified if:
(a)
the candidate files the interim reports described in Subsection
(14)
no later than 24
hours after the applicable deadlines for filing the reports;
(b)
the reports are completed, detailing accurately and completely the information
required by this section except for inadvertent omissions or insignificant errors or
inaccuracies; and
(c)
the omissions, errors, or inaccuracies are corrected in an amended report or in the
next scheduled report.
(19)
(a)
A report is considered timely filed if:
(i)
the report is received in the county clerk's office no later than midnight, Mountain
Time, at the end of the day on which the report is due;
(ii)
the report is received in the county clerk's office with a United States Postal
Service postmark three days or more before the date that the report was due; or
(iii)
the candidate has proof that the report was mailed, with appropriate postage and
addressing, three days before the report was due.
(b)
For a county clerk's office that is not open until midnight at the end of the day on
which a report is due, the county clerk shall permit a candidate to file the report via
email or another electronic means designated by the county clerk.
(20)
(a)
Any private party in interest may bring an action in a court with jurisdiction
under Title
78A, Judiciary and Judicial Administration
, to enforce the provisions of
this section or any ordinance adopted under this section.
(b)
In a civil action filed under Subsection
(20)(a)
, the court shall award costs and
attorney fees to the prevailing party.
(21)
Notwithstanding any provision of Title
63G, Chapter 2
, Government Records Access
and Management Act, the county clerk shall:
(a)
make each campaign finance statement filed by a candidate available for public
inspection and copying no later than one business day after the statement is filed; and
(b)
make the campaign finance statement filed by a candidate available for public
inspection by:
(i)
posting an electronic copy or the contents of the statement on the county's website
no later than seven business days after the day on which the statement is filed; and
(ii)
in order to meet the requirements of Subsection
20A-11-103(4)(b)(ii)
, providing
the lieutenant governor with a link to the electronic posting described in
Subsection
(21)(b)(i)
no later than two business days after the day the statement is
filed.
Section 41. Section
17-71-103
is amended to read:
17-71-103
. County recorder duties in certain counties.
In counties where there is no elected surveyor, the county recorder shall fulfill the duties of
a county surveyor as described in
Section
17-73-201
Subsection
17-73-201(1)(c)
.
Section 42. Section
17-71-302
is amended to read:
17-71-302
. General duties -- Records and indexes.
(1)
The county recorder shall:
(a)
keep an entry record, in which the county recorder shall, upon acceptance and
recording of an instrument:
(i)
enter the instrument in the entry record in the order the county recorder recorded
the instrument;
(ii)
include in the entry record for the instrument:
(A)
the names of the parties to the instrument;
(B)
the date, hour, day of the month, and year the county recorder recorded the
instrument; and
(C)
a brief descriptionof the instrument; and
(iii)
endorse upon the instrument a number corresponding with the number of the
entry;
(b)
keep a grantors' index, in which the county recorder shall index deeds and final
judgments or decrees partitioning or affecting the title to or possession of real
property, which shall show:
(i)
the instrument's entry number in the county recorder's entry record;
(ii)
each grantor's name in alphabetical order;
(iii)
the grantee's name;
(iv)
the instrument's date;
(v)
the time the county recorder recorded the instrument;
(vi)
the kind of instrument;
(vii)
the book and page of the entry record where the county recorder entered the
instrument; and
(viii)
a brief description of the instrument;
(c)
keep a grantees' index, in which the county recorder shall index deeds and final
judgments or decrees partitioning or affecting the title to or possession of real
property, which shall show:
(i)
the instrument's entry number in the county recorder's entry record;
(ii)
each grantee's name in alphabetical order;
(iii)
the grantor's name;
(iv)
the instrument's date;
(v)
the time the county recorder recorded the instrument;
(vi)
the kind of instrument;
(vii)
the book and page of the entry record where the county recorder entered the
instrument; and
(viii)
a brief description of the instrument;
(d)
keep a mortgagors' index, in which the recorder shall enter all mortgages, deeds of
trust, liens, and other instruments in the nature of an encumbrance upon real estate,
which shall show:
(i)
the instrument's entry number in the county recorder's entry record;
(ii)
the name of each mortgagor, debtor, or person charged with the encumbrance in
alphabetical order;
(iii)
the name of the mortgagee, lien holder, creditor, or claimant;
(iv)
the instrument's date;
(v)
the time the county recorder recorded the instrument;
(vi)
the kind of instrument;
(vii)
the consideration;
(viii)
the book and page of the entry record where the county recorder entered the
instrument; and
(ix)
a brief description of the instrument;
(e)
keep a mortgagees' index, in which the recorder shall enter all mortgages, deeds of
trust, liens, and other instruments in the nature of an encumbrance upon real estate,
which shall show:
(i)
the instrument's entry number in the county recorder's entry record;
(ii)
the name of each mortgagee, lien holder, creditor, or claimant in alphabetical
order;
(iii)
the name of the mortgagor or person charged with the encumbrance;
(iv)
the instrument's date;
(v)
the time the county recorder recorded the instrument;
(vi)
the kind of instrument;
(vii)
the consideration;
(viii)
the book and page of the entry record where the county recorder entered the
instrument; and
(ix)
a brief description;
(f)
subject to Subsection
(4)
, keep a tract index, which shall show by description for
every recorded instrument:
(i)
the instrument's date;
(ii)
the kind of instrument;
(iii)
the time the county recorder recorded the instrument;
(iv)
the book and page of the entry record where the county recorder entered the
instrument; and
(v)
the instrument's entry number in the county recorder's entry record;
(g)
keep an index of recorded maps, plats, and subdivisions;
(h)
keep an index of powers of attorney showing:
(i)
the date and time the county recorder recorded the power of attorney;
(ii)
the book and page of the entry record where the county recorder entered the
power of attorney; and
(iii)
the power of attorney's entry number in the county recorder's entry record;
(i)
keep a miscellaneous index, in which the county recorder shall enter all instruments
of a miscellaneous character not otherwise provided for in this section, showing:
(i)
the date the county recorder recorded the instrument;
(ii)
the book and page of the entry record where the county recorder entered the
instrument;
(iii)
the instrument's entry number in the county recorder's entry record;
(iv)
the kind of instrument; and
(v)
the parties to the instrument;
(j)
keep an index of judgments showing:
(i)
the judgment debtors;
(ii)
the judgment creditors;
(iii)
the judgment amount;
(iv)
the date and time the county recorder recorded the judgment;
(v)
the satisfaction;
(vi)
the book and page of the entry record where the county recorder entered the
instrument; and
(vii)
the instrument's entry number in the county recorder's entry record;
(k)
keep a general recording index in which the county recorder shall index all
executions and writs of attachment, and any other instruments not required by law to
be spread upon the records, and in separate columns the county recorder shall enter
the names of the plaintiffs in the execution and the names of the defendants in the
execution;
(l)
keep an index of water right numbers that are included on an instrument recorded on
or after May 13, 2014, showing:
(i)
the date and time the county recorder recorded the instrument;
(ii)
(A)
the book and page of the entry record where the county recorder entered
the instrument; or
(B)
the instrument's entry number in the county recorder's entry record; and
(iii)
the kind of instrument; and
(m)
(a)
upon acceptance and recording of an instrument:
(i)
endorse on the instrument:
(A)
an entry number corresponding with the acceptance and recording;
(B)
the date of acceptance and recording, including the hour, day, month, and
year; and
(C)
the recording fee;
(ii)
index each instrument:
(A)
by entry number;
(B)
if applicable, by each grantor, mortgagor, trustor, debtor, plaintiff, or person
charged with encumbrance under the instrument;
(C)
if applicable, by each grantee, mortgagee, trustee, lien holder, creditor,
claimant, or defendant described in the instrument;
(D)
if applicable, by each legal description, as described in Section
57-3-105
;
(E)
by type of instrument; and
(F)
if applicable, by water right number; and
(b)
beginning January 1, 2025:
(i)
maintain a system that allows a property owner to receive, upon the property
owner's election, an electronic notice when the county recorder records a deed or
mortgage, as defined in Section
70D-1-102
, on the property owner's real property;
and
(ii)
if a property owner elects to receive electronic notice as described in Subsection
(1)(m)(i)
(1)(b)(i)
, within 30 days after the day on which the county recorder
records a deed or a mortgage as defined in Section
70D-1-102
on real property,
provide an electronic notice of the recording to each property owner.
(2)
Upon request, a county recorder may provide the notice described in Subsection
(1)(m)(ii)
(1)(b)(ii)
to a property owner by a means other than electronic.
(3)
Subsection
(1)(m)
(1)(b)
applies only to real property for which the county treasurer
provides a tax notice described in Section
59-2-1317
.
(4)
The recorder shall alphabetically arrange the indexes required by this section and keep
a reverse index.
(5)
(4)
(a)
The
tract
index required by Subsection
(1)(f)
(1)
shall be kept so that
it
the index
shows a true chain of title to each tract or parcel, together with each
encumbrance on the tract or parcel, according to the records of the county recorder's
office.
(b)
A recorder shall
abstract an instrument in the tract
index
the legal description
required by Subsection
(1)(a)(ii)(D)
unless:
(i)
the instrument is required to contain a legal description under Section
17-71-402

or Section
57-3-105
and does not contain that legal description; or
(ii)
the instrument contains errors, omissions, or defects to the extent that the tract or
parcel to which the instrument relates cannot be determined.
(c)
If a recorder abstracts an instrument in the tract index or another index
To index an
instrument as
required by this section, the recorder may:
(i)
use a tax parcel number;
(ii)
use a site address;
(iii)
reference to other instruments of record recited on the instrument; or
(iv)
reference another instrument that is recorded concurrently with the instrument.
(d)
A recorder is not required to go beyond the face of an instrument to determine the
tract or parcel to which an instrument may relate.
(e)
A person may not bring an action against a recorder for injuries or damages suffered
as a result of information contained in an instrument recorded in
a tract index or
other
an
index that is required by this section despite errors, omissions, or defects in
the instrument.
(f)
The fact that a recorded instrument
described in Subsection
(3)(e)

is included in the
tract
index does not cure a failure to give public notice caused by an error, omission,
or defect.
(g)
A document that is indexed in all or part of the indexes required by this section shall
give constructive notice.
(6)
(5)
Nothing in this section prevents the county recorder from using
a single name
index if that index includes all of the indexes required by this section
multiple indexes
.
Section 43. Section
17-71-407
is amended to read:
17-71-407
. Fees -- Fees paid in advance.
(1)
The county recorder may not record any instrument, furnish any copies, or provide any
service connected with the office of the county recorder
,
until the relevant fees
described in this section or established by county ordinance or resolution have been:
(a)
paid; or
(b)
authorized to be paid electronically.
(2)
The county may determine and collect a fee for all services not enumerated in this
section.
(3)
(2)
A county legislative body may set by ordinance or resolution reasonable fees for
the services of the county recorder not described in Subsections
(3)
and
(4)
, including
for:
(a)
copies of any record or document; and
(b)
a subscription service described in Subsection
(7)
.
(3)
(a)
The
Subject to Subsection
(3)(b)
, a
county recorder shall
charge and
receive
the following fees:
(a)
(i)
for recording any instrument, not otherwise provided for, other than bonds of
public officers, $40;
(b)
(ii)
(i)
(A)
for recording any instrument, including those provided for under
Title 70A, Uniform Commercial Code
, other than bonds of public officers, and
not otherwise provided for, $40; and
(ii)
(B)
if an instrument contains more than 10 descriptions, $2 for each
additional description;
(c)
(iii)
for recording mining location notices and affidavits of labor affecting
mining claims, $40;
(d)
(iv)
for an affidavit or proof of labor that contains more than 10 mining claims,
$2 for each additional mining claim;
and
(e)
(v)
for redacting personal information in accordance with Section
17-71-406
, $5
.
;
(vi)
for recording any plat, $50 for each sheet and $2 for each lot or unit designation;
(vii)
for recording any license issued by the Division of Professional Licensing, $40;
(viii)
for recording a federal tax lien, $40; and
(ix)
for recording the discharge of a federal tax lien, $40.
(b)
A county of the second, third, fourth, fifth, or sixth class, as classified under Section
17-60-104
, shall charge and receive an additional $5 for each service described in
Subsection
(3)(a)
, other than for the additional $2 for each additional description or
mining claim as described in Subsections
(3)(a)(ii)(B)
and
(iv)
, unless the county has
a balance in the restricted account into which recording fees are deposited.
(4)
(a)
Each county recorder shall record the mining rules of the several mining districts
in each county without a fee.
(b)
Certified copies of these records shall be received in all tribunals and before all
officers of this state as prima facie evidence of the rules.
(5)
The
If a county legislative body does not set a different fee by ordinance or resolution
for a service, as described in Subsection
(2)
, the
county recorder shall
charge and
receive
the following fees:
(a)
for copies of any record or document, a reasonable fee as determined by the county
legislative body;
(b)
(a)
for each certificate under seal, $5;
and
(c)
for recording any plat, $50 for each sheet and $2 for each lot or unit designation;
(d)
(b)
for taking and certifying acknowledgments, including seal, $5 for one name and
$2 for each additional name
;
.
(e)
for recording any license issued by the Division of Professional Licensing, $40;
(f)
for recording a federal tax lien, $40; and
(g)
for recording the discharge of a federal tax lien, $40.
(6)
A county recorder may not charge more than one recording fee for each instrument,
regardless of whether the instrument bears multiple descriptive titles or includes one or
more attachments as part of the instrument.
(7)
A county recorder may provide records or information within records to a requesting
entity on a subscription basis.
(7)
(8)
A county recorder may not be required to collect a fee for services that are
unrelated to the county recorder's office.
Section 44. Section
17-71-408
is amended to read:
17-71-408
. Notice given by recording.
(1)
Each
certified copy
document
from the time of recording
of the original record
gives
notice to all persons of the contents of the recorded document.
(2)
Subsequent purchasers, mortgagees, and lien holders purchase and encumber with the
same notice and effect as if the certified copy was the original document.
Section 45. Section
17-71-503
is amended to read:
17-71-503
. Military records -- Evidence.
(1)
Upon presentation, the county recorder shall:
(a)
record, free of charge:
(i)
discharges from the United States military, naval, or marine service; and
(ii)
orders, citations, and decorations of honor relating to an individual while the
individual was in the United States military, naval, or marine service; and
(b)
give, free of charge, certified copies of a record described in Subsection
(1)
to:
(i)
the individual who is the subject of the record; and
(ii)
a father, mother, brother, sister, or lineal descendant of the individual who is the
subject of the record.
(2)
A requesting individual may provide, and a county recorder may accept, an affidavit
indicating how the requesting individual is a lineal descendant of the individual who is
the subject of a requested record as sufficient proof of the relationship between the
requesting individual and the individual who is the subject of the record.
(3)
Certified copies of records kept by the county recorder may be read in evidence with the
same effect as the original in an action or proceeding before a court, commission, or
other tribunal in this state.
Section 46. Section
17-73-102
is amended to read:
17-73-102
. County surveyor seal.
(1)
The county surveyor shall have a seal, furnished by the county, the impression of
which shall contain:
(1)
(a)
the words: "State of Utah, County Surveyor"; and
(2)
(b)

the name of the county in which the seal is to be used.
(2)
(a)
If a county contracts with a licensed professional land surveyor, as described in
Section
17-73-201
:
(i)
the county may, by contract, authorize the licensed professional land surveyor to
use the seal described in Subsection
(1)
; or
(ii)
the licensed professional land surveyor shall use the licensed professional land
surveyor's personal seal.
(b)
A surveyor seal used as described in this section satisfies any legal requirements that
require the use of a surveyor's seal, notwithstanding any administrative rule made
under Section
58-22-601
.
Section 47. Section
17-73-201
is amended to read:
17-73-201
. County surveyor to be elected -- Requirement to be licensed land
surveyor -- Authority to contract with licensed land surveyor if no elected county
surveyor -- County surveyor duties.
(1)
(a)
The office of the county surveyor in each county shall be filled by:
(i)
election; and
(ii)
except as provided in Subsection
(1)(b)
, a
licensed
professional land surveyor.
(b)
In a county where the office of county surveyor is consolidated with another elected
county office, as provided in Section
17-66-104
, all
county surveying work
duties of
the county surveyor
shall be performed by a
licensed
professional land surveyor.
(c)
In a county where there is no elected county surveyor
, or the individual holding a
consolidated office described in Subsection
(1)(b)
is not a licensed professional land
surveyor
:
(i)
the county executive or legislative body may
,
:
(A)
consistent with Section
17-65-402
, contract with a
licensed
professional land
surveyor to perform the duties of a county surveyor;
or
(B)
hire as a county employee a licensed professional land surveyor to perform the
duties of a county surveyor;
(ii)
all
county survey work
duties of the county surveyor
shall be done by a licensed

professional
land surveyor;
(iii)
the county recorder shall assume and perform all statutory functions and duties
of the county surveyor related to the retention, maintenance, and accessibility of
survey records, both physical and digital; and
(iv)
the county recorder's office shall act as the county surveyor's office only for the
purpose of accepting, retaining, and managing county survey records.
(d)
A licensed professional land surveyor who contracts with or is hired by the county as
described in Subsection
(1)(c)
shall fulfill the duties of the county surveyor as
described in this chapter or, if applicable, as described in the county contract.
(2)
The county surveyor shall execute:
(a)
all orders directed to the surveyor by any court; and
(b)
all orders of survey required by the county executive or county legislative body.
(3)
(a)
The
county
surveyor
of each county
shall:
(i)
advise the county executive and county legislative body regarding all surveying
work;
(ii)
perform or arrange for the performance of all surveying work for the county;
(iii)
permanently keep at county government offices a fair and accurate record of all
surveys made, including legal descriptions and geographic coordinates, all surveys
received in accordance with Section
17-73-504
, and all corner files received in
accordance with Section
17-73-505
;
(iv)
number progressively all surveys received and state by whom and for whom the
surveys were made;
(v)
deliver a copy of any survey to any person or court requiring the survey after the
payment of the fee established by the county legislative body;
(vi)
ensure that all surveys of legal subdivisions of sections are made according to the
United States Manual of Surveying Instructions in effect at the time the survey is
completed;
(vii)
verify the correctness of or establish correct coordinates for all survey reference
monuments set in place and shown on all subdivision maps and plats which have a
spatial relationship with any section or quarter section corner; and
(viii)
perform other duties required by law.
(b)
In arranging for the performance of surveying work for the county under Subsection
(3)(a)(ii)
, a surveyor may comply with Section
17-65-402
.
(4)
(a)
The county surveyor or the county surveyor's designee shall establish all corners
of government surveys and reestablish all corners of government surveys where
corners have been destroyed and where witness markers or other evidence of the
government corners remain so that the corners established by government survey can
be positively located.
(b)
The corners shall be reestablished in the manner provided in Section
17-73-501
for
establishing corners.
(c)
The county surveyor shall keep a separate record of the established and reestablished
corners of government surveys, giving the date and names of persons present and
shall provide those records to the county surveyor's successor when the county
surveyor vacates office.
(d)
Established or reestablished corners shall be recognized as the legal and permanent
corners.
(5)
The county executive or legislative body may direct the county surveyor or county
surveyor staff to perform engineering and architectural work if the county surveyor or
county surveyor staff is qualified and licensed to perform that work.
Section 48. Section
17-73-502
is amended to read:
17-73-502
. Disturbed corners -- County surveyor to be notified -- Coordination
with certain state agencies.
(1)
A person who finds it necessary to disturb any established government survey
monument or public land survey government corner location for any reason, including
the improvement of a road, shall notify the county surveyor at least five business days
before the day on which the person disturbs the government survey monument or public
land survey government corner location.
(2)
(a)
A county legislative body may enact an ordinance requiring a person to obtain a
permit before performing construction work within 30 feet of an established
government survey monument or public land survey government corner location.
(b)
A county legislative body shall ensure that an ordinance described in Subsection
(2)(a)
provides for an exemption from the permitting requirement if an emergency
situation that poses a threat to public health or safety arises.
(c)
(i)
A county may charge a fee for a permit described in Subsection
(2)(a)
, in
accordance with this Subsection
(2)(c)
.
(ii)
The fee described in Subsection
(2)(c)(i)
may not exceed $400 per government
survey monument or public land survey government corner location.
(iii)
If, after completion of the construction work, the government survey monument
or public land survey government corner location is undisturbed, the county shall
disburse a partial fee refund of $250 to the permit holder.
(iv)
(iii)
If the construction work disturbs the government survey monument or
public land survey government corner location related to the permit:
(A)
the permit holder is responsible for the necessary construction work and
installation of the government survey monument or public land survey
government corner location; and
(B)
the county shall provide to the permit holder the necessary
brass monument,
ring, and lid
monument
for the permit holder's work described in Subsection
(2)(c)(iv)(A)
(2)(c)(iii)(A)
.
(d)
A county shall provide a system allowing a person to apply electronically for and the
county to approve or deny electronically a permit described in Subsection
(2)(a)
.
(3)
A person may not perform any construction work within 30 feet of a government survey
monument or public land survey government corner location unless the person obtains
any permit the county requires before beginning construction work within 30 feet of the
government survey monument or public land survey government corner location,
together with any additional permits that applicable law may require.
(4)
A person who produces drawings or plans for construction work to be performed within
30 feet of a government survey monument or public land survey government corner
location shall show, on the face of the drawings or plans:
(a)
the government survey monument or public land survey government corner location;
and
(b)
an accompanying note exhibiting compliance with Subsections
(1)
and
(3)
.
(5)
A person who finds a monument that needs rehabilitation shall notify the county
surveyor within five business days after the day on which the person finds the
monument.
(6)
The county surveyor or the county surveyor's designee shall:
(a)
consistent with federal law or rule, reconstruct or rehabilitate the monument for the
corner by lowering and witnessing the corner or placing another monument and
witness over the existing monument so that the monument:
(i)
is left in a physical condition to remain as permanent a monument as is reasonably
possible; and
(ii)
may be reasonably located at all times in the future; and
(b)
file the record of each reconstruction or rehabilitation in accordance with Subsection
(6)(a)
.
(7)
(a)
The county may, by ordinance, establish a civil penalty for a violation of:
(i)
any provision of Subsection
(3)
or
(4)
; or
(ii)
any ordinance that the county adopts under Subsection
(2)
.
(b)
It is a defense to the civil penalty described in Subsection
(7)(a)
if the violation
related to an emergency situation that posed a threat to public health or safety.
Section 49. Section
17-73-504
is amended to read:
17-73-504
. Map of boundary survey -- Procedure for filing -- Contents --
Marking of monuments -- Record of corner changes -- Penalties.
(1)
(a)
(i)
Each professional land surveyor making a boundary survey of lands within
this state to establish or reestablish a boundary line
or to obtain data for
constructing a map or plat showing a boundary line
shall file a map of the survey
that meets the requirements of this section with the county surveyor or designated
office within 90 days of the establishment or reestablishment of a boundary.
(ii)
A professional land surveyor who fails to file a map of the survey as required by
Subsection
(1)(a)(i)
is guilty of an infraction.
(iii)
Each failure to file a map of the survey as required by Subsection
(1)(a)(i)
is a
separate violation.
(b)
The county surveyor or designated office shall file and index the map of the survey.
(c)
The map shall be a public record in the office of the county surveyor or designated
office.
(2)
This type of map shall show:
(a)
the location of survey by quarter section and township and range;
(b)
the date of survey;
(c)
the scale of drawing and north point;
(d)
the distance and course of all lines traced or established, giving the basis of bearing
and the distance and course to two or more section corners or quarter corners,
including township and range, or to identified monuments within a recorded
subdivision;
(e)
all measured bearings, angles, and distances separately indicated from those of
record;
(f)
a written boundary description of property surveyed;
(g)
all monuments set and
their
the monuments'
relation to older monuments found;
(h)
a detailed description of monuments found and monuments set, indicated separately;
(i)
the surveyor's seal or stamp; and
(j)
the surveyor's business name and address.
(3)
(a)
The map shall contain a written narrative that explains and identifies:
(i)
the purpose of the survey;
(ii)
the basis on which the lines were established; and
(iii)
the found monuments and deed elements that controlled the established or
reestablished lines.
(b)
If the narrative is a separate document, it shall contain:
(i)
the location of the survey by quarter section and by township and range;
(ii)
the date of the survey;
(iii)
the surveyor's stamp or seal; and
(iv)
the surveyor's business name and address.
(c)
The map and narrative shall be referenced to each other if they are separate
documents.
(4)
The map and narrative shall be created on material of a permanent nature on stable base
reproducible material in the sizes required by the county surveyor.
(5)
(a)
Any monument set by a licensed professional land surveyor to mark or reference a
point on a property or land line shall be durably and visibly marked or tagged with
the registered business name or the letters "L.S." followed by the registration number
of the surveyor in charge.
(b)
If the monument is set by a licensed land surveyor who is a public officer, it shall be
marked with the official title of the office.
(6)
(a)
If, in the performance of a survey, a surveyor finds or makes any changes to the
section corner or quarter-section corner, or their accessories, the surveyor shall
complete and submit to the county surveyor or designated office a record of the
changes made.
(b)
The record described in Subsection
(6)(a)
shall:
(i)
be submitted within 45 days of the corner visits; and
(ii)
include the surveyor's seal, business name, and address.
(7)
The Utah State Board of Engineers and Land Surveyors Examiners may revoke the
license of any professional land surveyor who fails to comply with the requirements of
this section, according to the procedures in Title
58, Chapter 1
, Division of Professional
Licensing Act.
(8)
Each federal or state agency, board, or commission, special district, special service
district, or municipal corporation that makes a boundary survey of lands within this state
shall comply with this section.
Section 50. Section
17-73-507
is amended to read:
17-73-507
. Final plats of local entity boundary actions -- County surveyor
approval of final plat -- Plat requirements.
(1)
Upon request and in consultation with the county recorder, the county surveyor of each
county in which property depicted on a plat is located shall determine whether the plat is
a final local entity plat.
(2)
(a)
If a county surveyor determines that a plat meets the requirements of Subsection
(3)
, the county surveyor shall approve the plat as a final local entity plat.
(b)
The county surveyor shall indicate the approval of a plat as a final local entity plat on
the face of the final local entity plat.
(3)
A plat may not be approved as a final local entity plat unless the plat:
(a)
contains a graphical illustration depicting:
(i)
in the case of a proposed creation or incorporation of a local entity, the boundary
of the proposed local entity;
(ii)
in the case of a proposed annexation of an area into an existing local entity, the
boundary of the area proposed to be annexed;
(iii)
in the case of a proposed adjustment of a boundary between local entities, the
boundary of the area that the boundary adjustment proposes to move from inside
the boundary of one local entity to inside the boundary of another local entity;
(iv)
in the case of a proposed withdrawal or disconnection of an area from a local
entity, the boundary of the area that is proposed to be withdrawn or disconnected;
(v)
in the case of a proposed consolidation of multiple local entities, the boundary of
the proposed consolidated local entity; and
(vi)
in the case of a proposed division of a local entity into multiple local entities, the
boundary of each new local entity created by the proposed division;
(b)
is created on reproducible material that is:
(i)
permanent in nature; and
(ii)
the size and type specified by the county recorder;
(c)
is drawn to a scale so that all data are legible;
(d)
contains complete and accurate boundary information, including, as appropriate,
calls along existing boundary lines, sufficient to enable:
(i)
the county surveyor to establish the boundary on the ground, in the event of a
dispute about the accurate location of the boundary; and
(ii)
the county recorder to identify, for tax purposes, each tract or parcel included
within the boundary;
(e)
depicts a name for the plat, approved by the county recorder, that is sufficiently
unique to distinguish the plat from all other recorded plats in the county;
(f)
contains:
(i)
the name of the local entity whose boundary is depicted on the plat;
(ii)
the name of each county within which any property depicted on the plat is located;
(iii)
the date that the plat was prepared;
(iv)
a north arrow and legend;
(v)
a signature block for:
(A)
the signatures of:
(I)
the professional land surveyor who prepared the plat; and
(II)
the local entity's approving authority; and
(B)
the approval of the county surveyor; and
(vi)
a three-inch by three-inch block in the lower right hand corner for the county
recorder's use when recording the plat;
(g)
has been certified and signed by a professional land surveyor licensed under
Title 58,
Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act
;
and
(h)
has been reviewed and signed by the approving authority of the local entity whose
boundary is depicted on the plat.
(4)
The county surveyor may charge and collect a reasonable fee for the costs associated
with:
(a)
the process of determining whether a plat is a final local entity plat; and
(b)
the approval of a plat as a final local entity plat.
(5)
A county surveyor may charge a newly created political subdivision, and a newly
created political subdivision shall pay, a fee described in Subsection
(4)
following the
lieutenant governor's issuance of a certificate of incorporation for the new political
subdivision:
(a)
for survey work the county surveyor completed that was required for or associated
with the formation of the new political subdivision; and
(b)
even if the county surveyor conducted the survey work before the certificate of
incorporation is issued.
Section 51. Section
17-74-101
is amended to read:
17-74-101
. Definitions.
As used in this chapter
,
:
(1)
"Finance officer" means the same as that term is defined in Section
17-66-101
.

(2)
"warrant"
"Warrant"
means the same as that term is defined in Section
17-63-101
.
Section 52. Section
17-74-301
is amended to read:
17-74-301
. General duties.
The county treasurer shall:
(1)
receive all money belonging to the county and all other money by law directed to be
paid to the treasurer, including proceeds of bonds, notes, or other evidences of
indebtedness issued under
Title 11, Chapter 14, Local Government Bonding Act
;
(2)
deposit and invest all money received under
Title 51, Chapter 7, State Money
Management Act
;
(3)
keep a record of the receipts and expenditures of all such money;
(4)
disburse county money:
(a)
on a county warrant issued by the county
auditor
finance officer
; or
(b)
subject to Section
17-69-307
17-69-404
, by a county check or other payment
mechanism as may be adopted in accordance with
Chapter 63, Fiscal Procedures and
Processes
Chapter 63, Fiscal Authority and Processes
;
(5)
perform the duties assigned to the treasurer under
Title 59, Chapter 2, Part 13,
Collection of Taxes
;
(6)
perform the duties under
Title 59, Chapter 2, Part 13, Collection of Taxes
, that have
been reassigned to the treasurer in an ordinance adopted under Section
17-74-102
;
(7)
provide the notice required under Section
10-11-4
or
17B-1-902
; and
(8)
perform other duties that are required by law or ordinance.
Section 53. Section
17-74-302
is amended to read:
17-74-302
. Payment of warrants in order presented -- Nonpayment and interest.
(1)
The county treasurer shall pay all warrants in the order presented and as funds are
available.
(2)
Except as provided in Subsection
(4)
, the county treasurer shall execute payment for a
warrant when:
(a)
a warrant is presented for payment; and
(b)
there is sufficient money in the county treasury to cover the payment.
(3)
Upon receiving the notice from the county
auditor
finance officer
under Section
17-69-307
17-69-404
and if there is adequate money in the treasury, the treasurer shall,
by check or other payment mechanism, make any payment not already paid by warrant.
(4)
Notwithstanding Subsections
(1)
and
(2)
, the treasurer has no obligation to pay any
warrant or to issue any check or other payment instrument before receiving the certified
list under Section
17-70-302
.
(5)
Before providing certain funding to a community reinvestment agency created under
Title
17C, Limited Purpose Local Government Entities - Community Reinvestment
Agency Act
, a treasurer shall consult with the community reinvestment agency as
described in Section
17C-1-409
.
(6)
When a warrant is presented to the county treasurer for payment and is not paid due to
a lack of sufficient county funds, the warrant shall bear interest at the rate of 5% per
annum until paid.
Section 54. Section
17-74-304
is enacted to read:
17-74-304
. Treasurer duties to special district under
agreement.
The treasurer may enter into an agreement with a special district for the county treasurer
to bill and collect assessments on behalf of the special district, as described in Section
17B-1-901
.
Section 55. Section
17-74-402
is amended to read:
17-74-402
. Monthly reconciliation with county auditor -- Assistance to county
auditor in making reports.
(1)
The county treasurer shall reconcile with the county
auditor
finance officer
by the last
day of each month for the preceding month.
(2)
The county treasurer shall assist the county
auditor
finance officer
to fulfill the
reporting obligations described in Section
17-69-306
17-69-403
.
Section 56. Section
17-75-201
is amended to read:
17-75-201
. Deputies and employees -- Appointments -- County legislative body
consent power -- Liability of principal -- Deputy may serve despite vacancy in office of
appointing officer.
(1)
(a)
A county or precinct officer, including an elected county executive, except a
county commissioner or county council member, may, with the consent of the county
legislative body, appoint deputies and employees as necessary for the discharge of
the duties of the county officer's office.
(b)
The county legislative body's consent power under Subsection
(1)(a)
shall be defined
in county ordinance and may include consent by:
(i)
the budget approval process;
(ii)
approval of an allocation of a certain number of positions; or
(iii)
approval or disapproval of the hiring of individual applicants for employment.
(c)
A county legislative body may by ordinance delegate to the county executive the
authority to consent to the appointment of deputies and employees under this
Subsection
(1)
.
(2)
If a county clerk performs district court clerk functions, the legislative body of the
county shall provide the county clerk with deputies and employees for the business of
the district court:
(a)
as the district court judge or judges consider necessary and advisable; and
(b)
consistent with the level of funding for clerk services from the court administrator's
office.
(3)
(a)
Each county officer appointing a deputy shall, for each deputy appointed:
(i)
sign a document that states that the county officer appointed the deputy; and
(ii)
file the signed document with the county clerk.
(b)
The county officer appointing the deputy is liable for all the deputy's official acts.
(c)
If the office of the county officer who appointed the deputy becomes vacant, the
deputy may continue to serve despite the vacancy.
(4)
A sheriff in a county employing more than 100 full-time uniformed peace officers may,
with the consent of
the council and
the county legislative body, appoint more than one
chief deputy or undersheriff.
Section 57. Section
17-75-403
is amended to read:
17-75-403
. Grievance and appeals procedure -- Employees' complaints of
discriminatory employment practice.
(1)
(a)
Any county to which the provisions of Part 5, Career Service, and Part 6, Office
of Personnel Management, apply shall establish in the county's personnel rules a
grievance and appeals procedure.
(b)
A grievance and appeals procedure shall be used to resolve disputes arising from
grievances as defined in the personnel rules, including acts of discrimination.
(c)
County employees may use the grievance and appeals procedure if the county
employee is:
(i)
dismissed;
(ii)
demoted;
(iii)
suspended; or
(iv)
transferred.
(2)
(a)
A county career service employee that accuses a county of discriminatory or
prohibited employment practice as prohibited by Section
34A-5-106
, may file a
complaint with the Division of Antidiscrimination and Labor created in Section
34A-1-202
.
(b)
A county employee that files a complaint with the Division of Antidiscrimination
and Labor shall file the complaint within 30 days after the day on which the
council
body that heard the grievance and appeal
issues a written decision on the county
employee's grievance or appeal.
Section 58. Section
17-75-501
is amended to read:
17-75-501
. Career service council or administrative law judge -- Members and
alternate members -- Powers and duties -- Appeals -- Time limit -- Qualifications,
appointment, terms, and compensation of council members -- Career service council
authorized to refer an appeal to an administrative law judge.
(1)
(a)
(i)
There shall be in each county establishing a
Each county that establishes a
career service
system
shall:
(A)
establish
a service council appointed by the county executive
as described in
this section and to fulfill the duties described in this section; or
(B)
hire or contract with an administrative law judge, trained and experienced in
personnel matters, to fulfill the duties of a career service council described in
Subsections
(1)(b)
and
(c)
.
(ii)
The members of the council shall be individuals
trained and experienced in, and
willing to apply
,
merit principles to public employment.
(iii)
(A)
The county executive may appoint alternate members of the council to
hear appeals that one or more regular council members are unable to hear.
(B)
The term of an alternate member of the council may not exceed one year.
(b)
The council shall hear appeals not resolved at lower levels in cases of:
(i)
career service employees who the county has:
(A)
suspended;
(B)
transferred;
(C)
demoted; or
(D)
dismissed; and
(ii)
grievances not resolved by the grievance procedure at the county division or
departmental level.
(b)
The council or administrative law judge shall hear appeals not resolved at lower
levels from career service employees who the county has:
(i)
suspended;
(ii)
transferred;
(iii)
demoted; or
(iv)
dismissed.
(c)
The council
or administrative law judge
:
(i)
may make an initial determination in each appeal whether the appeal is one of the
types of matters under Subsection
(1)(b)
over which the council has jurisdiction
;
(ii)
shall, subject to Subsections
(9)
through
(11)
, review written appeals in cases of
applicants rejected for examination and
report final binding appeals decisions
provide recommendations
, in writing, to the county legislative body;
and
(iii)
may not hear any other personnel matter
; and
.
(iv)
may affirm, modify, vacate, or set aside an order for disciplinary action.
(d)
(i)
An individual adversely affected by a decision of the council
or an
administrative law judge
may appeal the decision to the
district court
county
governing body
.
(ii)
(A)
After receiving an appeal under Subsection
(1)(d)(i)
, the county governing
body shall issue a final decision, affirming or rejecting the decision of the
council or administrative law judge.
(B)
If a county governing body fails to take action on an appeal within 60 days of
the day on which the governing body receives the appeal, the appeal shall be
considered denied as a final decision of a county governing body.
(iii)
An individual adversely affected by a final decision of the county governing
body may appeal the decision to the district court.
(ii)
(iv)
An appeal to the district court under this Subsection
(1)(d)
is barred unless
it
the appeal
is filed within 30 days after the day on which the
council issues the
council's decision
county governing body issues the final decision
.
(iii)
(v)
If there is a record of the
council
proceedings, the district court review
shall be limited to the record
provided by the council
.
(iv)
(vi)
In reviewing a decision of the council
or an administrative law judge
, the
district court shall presume that the decision is valid and may determine only
whether the decision is arbitrary or capricious.
(e)
Notwithstanding Subsection
(1)(b)
, a council that receives an appeal may refer the
appeal to an administrative law judge as described in Subsections
(9)
through
(11)
.
(2)
(a)
A council member shall serve a term of three years that expires on June 30, three
years after the county executive appointed the council member.
(b)
Notwithstanding Subsection
(2)(a)
, the term for original appointees to a council shall
be staggered so that the term of only one council member expires each year.
(c)
A county executive's appointment to fill a vacancy on the council shall be for only
the unexpired term of the appointee's successor.
(d)
Each council member shall hold office until the council member's successor is
appointed and confirmed.
(e)
The county executive may remove
the
a
council member
for cause, after:
after the
county executive gives the council member an opportunity to appeal to the county
legislative body.

(i)
receiving a copy of the charges against the council member; and
(ii)
the council member has had an opportunity to be heard publicly on the charges
before the county legislative body.
(f)
The county shall annually appropriate adequate funds to enable the council to
effectively carry out the council duties under this chapter.
(3)
Each county council member and alternate county council member shall be:
(a)
a citizen of the United States; and
(b)
for a period of at least one year before the day on which the council member is
appointed, an actual and bona fide resident of:
(i)
the state of Utah; and
(ii)
the county

.
(4)
A council member may not
hold another government office or
be employed by the
county.
(5)
The council shall elect a member of the council as chairperson.
(6)
Two or more council members constitutes a quorum necessary for carrying on the
council's business and activity.
(7)
The council shall have subpoena power to
:

(a)

compel attendance of witnesses
; and
.
(b)
authorize witness fees when the council deems appropriate, to be paid at the same
rate as in justice courts.
(8)
(a)
A council member shall receive compensation for attending each day or partial
day the council is in session at a per diem rate established in accordance with Section
11-55-103
.
(b)
An alternate council member shall receive compensation for each day or partial day
that the alternate council member is required to replace a regular council member, at
a per diem rate established in accordance with Section
11-55-103
.
(9)
(a)
A county legislative body may appoint one or more administrative law judges to
hear appeals referred by a council under this section.
(b)
Each administrative law judge shall be trained and experienced in personnel matters.
(10)
(a)
A council may refer an appeal to an administrative law judge appointed under
Subsection
(9)
if the council determines that the referral is in each party's best interest.
(b)
After holding a hearing on an appeal described in Subsection
(10)(a)
, the
administrative law judge shall make:
(i)
findings of fact; and
(ii)
a recommendation to the council.
(c)
After receiving the administrative law judge's recommendation, the council may
request the administrative law judge to hold a further factual hearing before the
council issues a decision.
(d)
The council may adopt or reject the administrative law judge's recommendation,
whether before or after a further hearing under Subsection
(10)(c)
.
(11)
(a)
A council shall refer an appeal to an administrative law judge appointed under
Subsection
(9)
if the county employee or county official assigned by the county
executive or county legislative body to manage personnel functions requests that the
appeal be referred.
(b)
In an appeal described in Subsection
(11)(a)
, the administrative law judge, not the
council, issues a final decision.
Section 59. Section
17-75-502
is amended to read:
17-75-502
. Career service -- Exempt positions.
(1)
The career service:
(a)
is a permanent service to which this part applies; and
(b)
comprises all tenured county positions in the public service, except:
(i)
subject to Subsection
(2)
:
(A)
the county executive, members of the county legislative body, and other
elected officials; and
(B)
each major county department head charged directly by the county legislative
body, or by a board appointed by the county legislative body, with the
responsibility of assisting to formulate and carry out policy matters;
(ii)
one confidential
secretary
administrative assistant
for each elected county officer
and major county department head, if a confidential
secretary
administrative
assistant
is assigned;
(iii)
an administrative assistant to the county executive, each member of the county
legislative body, and each elected official, if an administrative assistant is
assigned;
(iv)
each duly appointed chief deputy of any elected county officer who takes over
and discharges the duties of the elected county officer in the absence or disability
of the elected county officer;
(v)
subject to Subsection
(3)
, an individual who is:
(A)
appointed by an elected county officer to be a division director, to administer
division functions in furtherance of the performance of the elected officer's
professional duties;
(B)
in a confidential relationship with the elected county officer; and
(C)
not in a law enforcement rank position of captain or below;
(vi)
each person employed to make or conduct a temporary and special inquiry,
investigation, or examination on behalf of the county legislative body or one of its
committees;
(vii)
each noncareer employee:
(A)
compensated for the employee's services on a seasonal or contractual basis;
and
(B)
hired on emergency or seasonal appointment basis, as approved by the council;
(viii)
each provisional employee, as defined by the county's policies and procedures
or personnel rules;
(ix)
each part-time county employee, as defined by the county's policies and
procedures or personnel rules;
(x)
each county employee appointed to perform:
(A)
work that does not exceed three years in duration; or
(B)
work with limited funding; and
(xi)
each county position that, by the position's confidential or key
policy-determining nature, cannot or should not be appropriately included in the
career service.
(2)
(a)
Before
Subject to Subsection
(2)(b)
, before
a position under Subsection
(1)(b)(i)
may be changed from
its
the position's
current status to exempt or tenured,
the
council
legislative body
shall, after giving due notice, hold a public hearing on
the proposed change of status.
(b)
A legislative body may change a position under Subsection
(2)(a)
only after the
position becomes vacant.
(3)
(a)
Subsection
(1)(b)(v)
may not be construed to cause an individual serving as a
nonexempt county employee on May 5, 2008, in a position described in that
subsection to lose the nonexempt status.
(b)
The elected county officer in a supervisory position over a county employee
described in Subsection
(3)(a)
shall work with the county's office of personnel
management to develop financial and other incentives to encourage a nonexempt
employee to convert voluntarily to exempt status.
(4)
(a)
County policies made in conformity with this part shall list by job title and county
department, office or agency, each position designated as exempt under Subsection
(1)(b)(xi)
.
(b)
A change in exempt status of a position designated as being exempt under
Subsection
(1)(b)(xi)
constitutes an amendment to the personnel rules made under
this chapter.
Section 60. Section
17-75-503
is amended to read:
17-75-503
. Acceptance of exempt position by career service employee --
Reappointment register.
(1)
Any career service employee accepting an appointment to an exempt position who is
not retained by the appointing officer, unless discharged for cause as provided by this
part or county policies made in conformity with this part, shall:
(a)
(1)
be appointed to any career service position for which the employee qualifies in a
pay grade comparable to the employee's last position in the career service provided an
opening exists; or
(b)
(2)
be appointed to any lesser career service position for which the employee qualifies
pending the opening of a position described in Subsection
(1)
of this section.
(2)
The director described in Section
17-75-601
shall maintain a reappointment register to
facilitate the operation of this section, which shall have precedence over other registers.
Section 61. Section
17-75-602
is amended to read:
17-75-602
. Director of personnel management responsibilities -- Personnel
policies.
(1)
The director shall:
(a)
encourage and exercise leadership in the development of expertise in personnel
administration within county departments, offices, and agencies in the county
service;
(b)
make available the facilities of the office of personnel management to county
departments, offices, and agencies for the development of expertise in personnel
administration;
(c)
advise the county legislative body, county executive, and any county officer on the
use of human resources;
(d)
develop and implement programs to improve employee effectiveness, including:
(i)
training;
(ii)
safety;
(iii)
health;
(iv)
counseling; and
(v)
welfare;
(e)
(i)
investigate periodically the operation and effect of this chapter and of the
policies made under this chapter; and
(ii)
report investigation findings and recommendations to the county legislative body;
(f)
(e)
establish and maintain records of all employees in the county service

that
includes each county employee's:
(i)
class;
(ii)
title;
(iii)
pay or status; and
(iv)
other relevant data;
(g)
(f)
make an annual report to the county legislative body and county executive
regarding the work of the office;
(h)
(g)
apply and carry out this chapter and the policies under this chapter; and
(i)
(h)
perform any other lawful acts that are necessary to carry out the provisions of
this chapter.
(2)
(a)
The
In a county subject to this chapter:
(a)
the
director shall recommend personnel policies for the county
.
; and
(b)
The
the
county legislative body may:
(i)
recommend personnel policies for the county; and
(ii)
approve, amend, or reject personnel policies for the county before
they
the
personnel policies
are adopted.
(3)
Personnel policies shall provide for:
(a)
recruiting efforts that are planned and carried out in a manner that:
(i)
assures open competition; and
(ii)
places special emphasis on
includes
recruiting efforts to attract and help assure
that individuals belonging to the following groups will be among the candidates
from whom appointments are made:
(A)
minorities;
(B)
women;
(C)
individuals with a disability as defined by and covered under the Americans
with Disabilities Act of 1990, 42 U.S.C. 12102; or
(D)
other groups that are substantially underrepresented in the county workforce;
(b)
the establishment of job related minimum requirements, wherever practical, that all
successful candidates are required to meet to be eligible for consideration for
appointment or promotion;
(c)
selection procedures that include:
(i)
consideration of the relative merit of each applicant for employment;
(ii)
a job related method of determining the eligibility or ineligibility of each applicant

for employment; and
(iii)
a valid, reliable, and objective system of ranking eligible applicants according to
their
the eligible applicant's
qualifications and merit;
(d)
certification procedures that ensure equitable consideration of an appropriate number
of the most qualified eligible applicants based on the ranking system;
(e)
appointments to positions in the career service by selection from the most qualified
eligible applicants certified on eligible lists established in accordance with
Subsections
(3)(c)
and
(d
);
(f)
occasional noncompetitive appointments where there is evidence that open or limited
competition is not practical, including for unskilled positions that have no minimum
job requirements;
(g)
limitation of competition at the discretion of the director for appropriate positions to
facilitate employment of qualified applicants for employment with:
(i)
a substantial physical or mental impairment; or
(ii)
other groups protected by Title VII of the Civil Rights Act;
(h)
(i)
permanent appointment for entry to the career service that is contingent upon a
probationary county employee's satisfactory performance during a six-month
probationary period;
(ii)
a six-month probationary period that the county may extend for a period not to
exceed an additional six months for good cause; and
(iii)
an opportunity for a probationary county employee to appeal directly to the
council any undue prolonging of the six-month probationary period by the county
that is designed to thwart merit principles;
(i)
temporary, provisional, or other noncareer service appointments, which may not:
(i)
be used to defeat the purpose of the career service; and
(ii)
exceed 270 days;
(j)
lists of eligible applicants, if available, for filling temporary positions and short-term
emergency appointments that:
(i)
are made without regard to the other provisions of law;
(ii)
provide for maintenance of essential services in an emergency situation where
normal procedures are not practical; and
(iii)
do not exceed 270 days;
(k)
(i)
promotion and career ladder advancement of county employees to higher level
positions; and
(ii)
assurance that an individual promoted is qualified for the higher level position;
(l)
recognition of the equivalency of other merit processes by waiving, at the director's
discretion, the open competitive examination for placement in the career service
positions of applicants for employment who were originally selected through a
competitive examination process in another governmental entity, an individual in
those cases, to serve a probationary
orientation
period;
(m)
preparation, maintenance, and revision of a position classification plan for all
positions in the career service that:
(i)
is based upon similarity of duties performed and responsibilities assumed;
(ii)
for all positions in the same class:
(A)
reasonably requires the same qualifications; and
(B)
equitably applies the same schedule of pay; and
(iii)
includes a compensation plan that, to maintain a high quality public workforce,
accounts for:
(A)
the responsibility and difficulty of the work for each position;
(B)
the comparative pay and benefits needed to compete in the labor market;
(C)
proper alignment with other similar governmental units; and
(D)
other factors;
(n)
(i)
keeping records of performance on all county employees in the career service;
and
(ii)
requiring consideration of performance records in determining:
(A)
salary increases;
(B)
benefits for meritorious service;
(C)
promotions;
(D)
the order of layoffs and reinstatements;
(E)
demotions;
(F)
discharges; and
(G)
transfers;
(o)
establishment of a plan:
(i)
governing layoffs of county employees resulting from:
(A)
lack of funds or work;
(B)
abolition of positions; or
(C)
material changes in duties or organization; and
(ii)
governing reemployment of former county employees
that
who
the county laid
off

that takes into account the former county employee's:
(A)
relative ability;
(B)
seniority; and
(C)
merit;
(p)
establishment of a plan for resolving employee grievances and complaints with final
and binding decisions;
(q)
establishment of disciplinary measures including:
(i)
suspension;
(ii)
demotion in rank or grade;
(iii)
discharge; and
(iv)
presentation of charges, hearing rights, and appeals for all permanent employees
in the career service to the council;
(r)
establishment of a procedure for employee development and improvement of poor
performance;
(s)
establishment of:
(i)
hours of work;
(ii)
holidays; and
(iii)
attendance requirements in various classes of positions in the career service;
(t)
establishment and publicizing of fringe benefits including:
(i)
insurance;
(ii)
retirement; and
(iii)
leave programs; and
(u)
any other requirements
authorized by the county governing body
not inconsistent
with this chapter that are proper for the chapter's enforcement.
Section 62. Section
17-75-604
is amended to read:
17-75-604
. Certification of eligibility by director -- Power of director to examine
payrolls.
(1)
The director
, or the director's designee,
shall certify:
(a)
a new county employee hired to a position covered by this chapter; and
(b)
a change in a county employee's compensation, title, or status.
(2)
The director, or the director's designee, shall certify an employee as eligible to be paid
under this chapter, or personnel rules made under this chapter.
(3)
The director may examine payrolls at any time to determine conformity with this
chapter and the personnel rules.
Section 63. Section
17-75-702
is amended to read:
17-75-702
. Violations -- Misdemeanor -- Ineligibility for employment and
forfeiture of position.
(1)
An individual who willfully violates any provision of this chapter or the personnel
rules made under this chapter is guilty of a class A misdemeanor.
(2)
In addition to the sanctions of Subsection
(1)
, an
An
individual who has been
adjudged guilty of violating any of the provisions of this chapter or the personnel rules
made
under
in accordance with
this chapter shall, for a period of five years:
(a)
(1)
be ineligible for appointment to or employment in a county position; and
(b)
(2)
if a county officer or employee, forfeit the county office or position.
Section 64. Section
17-76-402
is amended to read:
17-76-402
. Applicability -- Overtime for law enforcement personnel -- Exception.
(1)
This section does not apply to a county subject to Part 3, Peace Officer Merit System in
Counties of the First Class.
(2)
The legislative body of a county that employs a nonexempt employee engaged in law
enforcement activities may, except as otherwise required by a contract or a collective
bargaining agreement
or federal law
, enact an ordinance or pass a resolution that:
(a)
designates a work period for the nonexempt employee that is the same as, or
equivalent to, a work period described in Subsection
63A-17-502(2)
; and
(b)
compensates the nonexempt employee for overtime at a rate of one and one-half
times the nonexempt employee's regular hourly rate.
Section 65. Section
17-78-201
is amended to read:
17-78-201
. Development of county resources.
(1)
A county may provide for the development of the county's mineral, water,
manpower
personnel
, industrial, historical, cultural, and other resources.
(2)
A county may expend county funds as are considered advisable to carry out the
purposes of Subsection
(1)
.
Section 66. Section
17-78-605
is amended to read:
17-78-605
. Fees for constables -- Criminal.
(1)
(a)
Except as provided in Subsections
(3)
and
(6)
, a constable shall be paid in
criminal matters for each copy of a summons, subpoena, notice, court order, or other
criminal paper as follows:
(i)
$5 for each defendant served; and
(ii)
mileage of $1 per mile for each mile necessarily traveled in going only, to be
computed from either the courthouse, or when transmitted by mail, from the post
office where received.
(b)
If more than one trip is necessary to serve, or diligently attempt to serve, service of
process, a constable may collect mileage charges for more than two trips only if the
party requesting the service of process has approved the additional mileage charges.
(c)
A constable shall individually document each charge under this Subsection
(1)
on the
affidavit of return of service.
(2)
If a constable serves process in a county other than the county where the process
originated, travel expenses may not exceed the fee that would be charged if served by
the sheriff of that county under
Chapter 72, County Sheriff
.
(3)
(a)
A constable may charge a county a fee of $1 for each mile traveled for the purpose
of serving, or to diligently attempt service of, a warrant of arrest, both in going to and
returning from the defendant's address.
(b)
If more than one trip is necessary to serve, or diligently attempt to serve, a warrant of
arrest, a constable may collect no more than two additional mileage charges.
(c)
A constable shall individually document each charge under this Subsection
(3)
on
the affidavit of return of service.
(4)
For arresting a prisoner and bringing the prisoner into court, or otherwise satisfying a
warrant, a constable may charge a fee of $15.
(5)
(a)
Accounts against the county filed by constables for services in criminal cases shall
be:
(i)
certified as correct by the county attorney or district attorney; and
(ii)
presented to the
county
auditor
or county finance officer, as that term is defined
in Section
17-66-101
.
(b)
The county legislative body may reject constable bills in all causes or proceedings in
which the county attorney or district attorney has not authorized the issuance of the
warrant of arrest in writing.
(6)
A county may, by contract with a constable, establish lower fees for services than the
fees described in this section.
Section 67. Section
17-78-807
is amended to read:
17-78-807
. Annual report -- Financial statement.
(1)
To the extent that independent accounting records are prepared and maintained by the
planetarium, the planetarium board of directors shall make, or in the case of a
contracting entity, require that there be made, an annual report to the county executive
and the county legislative body on the condition and operation of the planetarium,
including a financial statement.
(2)
The financial statement described in Subsection
(1)
shall be:
(a)
prepared in accordance with generally accepted accounting principles; and
(b)
reviewed by the county
auditor
finance officer, as that term is defined in Section
17-66-101
.
(3)
The planetarium shall be included in the annual audit of the county conducted by an
independent public accountant as required by
Title 51, Chapter 2a, Accounting Reports
from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act
.
Section 68. Section
17B-1-102
is amended to read:
17B-1-102
. Definitions.
As used in this title:
(1)
"Appointing authority" means the person or body authorized to make an appointment to
the board of trustees.
(2)
"Basic special district":
(a)
means a special district that is not a specialized special district; and
(b)
includes an entity that was, under the law in effect before April 30, 2007, created and
operated as a special district, as defined under the law in effect before April 30, 2007.
(3)
"Bond" means:
(a)
a written obligation to repay borrowed money, whether denominated a bond, note,
warrant, certificate of indebtedness, or otherwise; and
(b)
a lease agreement, installment purchase agreement, or other agreement that:
(i)
includes an obligation by the district to pay money; and
(ii)
the district's board of trustees, in
its
the board's
discretion, treats as a bond for
purposes of Title 11, Chapter 14, Local Government Bonding Act, or Title 11,
Chapter 27, Utah Refunding Bond Act.
(4)
"Cemetery maintenance district" means a special district that operates under and is
subject to the provisions of this chapter and Chapter 2a, Part 1, Cemetery Maintenance
District Act, including an entity that was created and operated as a cemetery
maintenance district under the law in effect before April 30, 2007.
(5)
"Drainage district" means a special district that operates under and is subject to the
provisions of this chapter and Chapter 2a, Part 2, Drainage District Act, including an
entity that was created and operated as a drainage district under the law in effect before
April 30, 2007.
(6)
"Facility" or "facilities" includes any structure, building, system, land, water right,
water, or other real or personal property required to provide a service that a special
district is authorized to provide, including any related or appurtenant easement or
right-of-way, improvement, utility, landscaping, sidewalk, road, curb, gutter, equipment,
or furnishing.
(7)
"Fire protection district" means a special district that operates under and is subject to the
provisions of this chapter and Chapter 2a, Part 3, Fire Protection District Act, including
an entity that was created and operated as a fire protection district under the law in effect
before April 30, 2007.
(8)
"General obligation bond":
(a)
means a bond that is directly payable from and secured by ad valorem property taxes
that are:
(i)
levied:
(A)
by the district that issues the bond; and
(B)
on taxable property within the district; and
(ii)
in excess of the ad valorem property taxes of the district for the current fiscal
year; and
(b)
does not include:
(i)
a short-term bond;
(ii)
a tax and revenue anticipation bond; or
(iii)
a special assessment bond.
(9)
"Improvement assurance" means a surety bond, letter of credit, cash, or other security:
(a)
to guarantee the proper completion of an improvement;
(b)
that is required before a special district may provide a service requested by a service
applicant; and
(c)
that is offered to a special district to induce the special district before construction of
an improvement begins to:
(i)
provide the requested service; or
(ii)
commit to provide the requested service.
(10)
"Improvement assurance warranty" means a promise that the materials and
workmanship of an improvement:
(a)
comply with standards adopted by a special district; and
(b)
will not fail in any material respect within an agreed warranty period.
(11)
"Improvement district" means a special district that operates under and is subject to the
provisions of this chapter and Chapter 2a, Part 4, Improvement District Act, including an
entity that was created and operated as a county improvement district under the law in
effect before April 30, 2007.
(12)
"Infrastructure financing district" means a special district that operates under and is
subject to the provisions of this chapter and
Chapter 2a, Part 13, Infrastructure
Financing Districts
Title 17D, Chapter 5, Infrastructure Financing District
Act
.
(13)
"Irrigation district" means a special district that operates under and is subject to the
provisions of this chapter and Chapter 2a, Part 5, Irrigation District Act, including an
entity that was created and operated as an irrigation district under the law in effect
before April 30, 2007.
(14)
"Metropolitan water district" means a special district that operates under and is subject
to the provisions of this chapter and Chapter 2a, Part 6, Metropolitan Water District Act,
including an entity that was created and operated as a metropolitan water district under
the law in effect before April 30, 2007.
(15)
"Mosquito abatement district" means a special district that operates under and is
subject to the provisions of this chapter and Chapter 2a, Part 7, Mosquito Abatement
District Act, including an entity that was created and operated as a mosquito abatement
district under the law in effect before April 30, 2007.
(16)
"Municipal" means of or relating to a municipality.
(17)
"Municipality" means a city or town.
(18)
"Municipal services district" means a special district that operates under and is subject
to the provisions of this chapter and Chapter 2a, Part 11, Municipal Services District Act.
(19)
"Person" means an individual, corporation, partnership, organization, association, trust,
governmental agency, or other legal entity.
(20)
"Political subdivision" means a county, city, town, special district under this title,
special service district under Title 17D, Chapter 1, Special Service District Act, an entity
created by interlocal cooperation agreement under Title 11, Chapter 13, Interlocal
Cooperation Act, or any other governmental entity designated in statute as a political
subdivision of the state.
(21)
"Private," with respect to real property, means not owned by the United States or any
agency of the federal government, the state, a county, or a political subdivision.
(22)
"Public entity" means:
(a)
the United States or an agency of the United States;
(b)
the state or an agency of the state;
(c)
a political subdivision of the state or an agency of a political subdivision of the state;
(d)
another state or an agency of that state; or
(e)
a political subdivision of another state or an agency of that political subdivision.
(23)
"Public transit district" means a special district that operates under and is subject to the
provisions of this chapter and Chapter 2a, Part 8, Public Transit District Act, including
an entity that was created and operated as a public transit district under the law in effect
before April 30, 2007.
(24)
"Revenue bond":
(a)
means a bond payable from designated taxes or other revenues other than the special
district's ad valorem property taxes; and
(b)
does not include:
(i)
an obligation constituting an indebtedness within the meaning of an applicable
constitutional or statutory debt limit;
(ii)
a tax and revenue anticipation bond; or
(iii)
a special assessment bond.
(25)
"Rules of order and procedure" means a set of rules that govern and prescribe in a
public meeting:
(a)
parliamentary order and procedure;
(b)
ethical behavior; and
(c)
civil discourse.
(26)
"Service applicant" means a person who requests that a special district provide a
service that the special district is authorized to provide.
(27)
"Service area" means a special district that operates under and is subject to the
provisions of this chapter and Chapter 2a, Part 9, Service Area Act, including an entity
that was created and operated as a county service area or a regional service area under
the law in effect before April 30, 2007.
(28)
"Short-term bond" means a bond that is required to be repaid during the fiscal year in
which the bond is issued.
(29)
"Special assessment" means an assessment levied against property to pay all or a
portion of the costs of making improvements that benefit the property.
(30)
"Special assessment bond" means a bond payable from special assessments.
(31)
"Special district" means a limited purpose local government entity, as described in
Section
17B-1-103
, that operates under, is subject to, and has the powers described in:
(a)
this chapter; or
(b)
(i)
this chapter; and
(ii)
(A)
Chapter 2a, Part 1, Cemetery Maintenance District Act;
(B)
Chapter 2a, Part 2, Drainage District Act;
(C)
Chapter 2a, Part 3, Fire Protection District Act;
(D)
Chapter 2a, Part 4, Improvement District Act;
(E)
Chapter 2a, Part 5, Irrigation District Act;
(F)
Chapter 2a, Part 6, Metropolitan Water District Act;
(G)
Chapter 2a, Part 7, Mosquito Abatement District Act;
(H)
Chapter 2a, Part 8, Public Transit District Act;
(I)
Chapter 2a, Part 9, Service Area Act;
(J)
Chapter 2a, Part 10, Water Conservancy District Act;
or
(K)
Chapter 2a, Part 11, Municipal Services District Act
; or
.
(L)
Chapter 2a, Part 13, Infrastructure Financing Districts.
(32)
"Specialized special district" means a special district that is a cemetery maintenance
district, a drainage district, a fire protection district, an improvement district, an
irrigation district, a metropolitan water district, a mosquito abatement district, a public
transit district, a service area, a water conservancy district,
or
a municipal services
district
, or an infrastructure financing district
.
(33)
"Taxable value" means the taxable value of property as computed from the most recent
equalized assessment roll for county purposes.
(34)
"Tax and revenue anticipation bond" means a bond:
(a)
issued in anticipation of the collection of taxes or other revenues or a combination of
taxes and other revenues; and
(b)
that matures within the same fiscal year as the fiscal year in which the bond is issued.
(35)
"Unincorporated" means not included within a municipality.
(36)
"Water conservancy district" means a special district that operates under and is subject
to the provisions of this chapter and Chapter 2a, Part 10, Water Conservancy District
Act, including an entity that was created and operated as a water conservancy district
under the law in effect before April 30, 2007.
(37)
"Works" includes a dam, reservoir, well, canal, conduit, pipeline, drain, tunnel, power
plant, and any facility, improvement, or property necessary or convenient for supplying
or treating water for any beneficial use, and for otherwise accomplishing the purposes of
a special district.
Section 69. Section
17B-1-403
is amended to read:
17B-1-403
. Initiation of annexation process -- Petition and resolution.
(1)
Except as provided in Sections
17B-1-415
,
17B-1-416
, and
17B-1-417
, the process to
annex an area to a special district may be initiated by a petition, as provided in
Subsection
(2)
, or a resolution, as provided in Subsection
(3)
.
(2)
(a)
For a district whose board of trustees is elected by electors based on the acre-feet
of water allotted to the land owned by the elector and subject to Subsection
(4)
, the
process to annex an area to the special district is initiated by a petition signed by the
owners of all of the acre-feet of water allotted to the land proposed for annexation.
(b)
For an infrastructure financing district, the process to annex an area to the
infrastructure financing district is initiated by a petition signed by 100% of the
owners of all surface property within the area proposed for annexation that is within
the designated expansion area, as defined in Section
17B-2a-1301
17D-5-101
.
(c)
For all other districts, the process to annex an area to the special district may be
initiated by

a petition signed by:
(i)
the owners of private real property that:
(A)
is located within the area proposed to be annexed;
(B)
covers at least 10% of the total private land area within the entire area
proposed to be annexed and within each applicable area; and
(C)
is equal in assessed value to at least 10% of the assessed value of all private
real property within the entire area proposed to be annexed and within each
applicable area;
(ii)
the owner of all the publicly owned real property, if all the real property within
the area proposed for annexation is owned by a public entity other than the federal
government; or
(iii)
registered voters residing within the entire area proposed to be annexed and
within each applicable area equal in number to at least 10% of the number of
votes cast within the entire area proposed to be annexed and within each
applicable area, respectively, for the office of governor at the last regular general
election before the filing of the petition.
(3)
The process to annex an area to a special district may be initiated by:
(a)
a resolution adopted by the legislative body of each county whose unincorporated
area includes and each municipality whose boundaries include any of the area
proposed to be annexed; or
(b)
a resolution adopted by the board of trustees of the proposed annexing special district
if, for at least 12 consecutive months immediately preceding adoption of the
resolution, the special district has provided:
(i)
retail service to the area; or
(ii)
a wholesale service to a provider of the same service that has provided that
service on a retail basis to the area.
(4)
If an association representing all acre-feet of water allotted to the land that is proposed
to be annexed to a special district signs a petition under Subsection
(2)(a)
, pursuant to a
proper exercise of authority as provided in the bylaws or other rules governing the
association, the petition shall be considered to have been signed by the owners of all of
the acre-feet of water allotted to the land proposed for annexation, even though less than
all of the owners within the association consented to the association signing the petition.
(5)
Each petition under Subsection
(2)
and resolution under Subsection
(3)
shall:
(a)
describe the area proposed to be annexed; and
(b)
be accompanied by a map of the boundaries of the area proposed to be annexed.
(6)
The legislative body of each county and municipality that adopts a resolution under
Subsection
(3)
shall, within five days after adopting the resolution, mail or deliver a
copy of the resolution to the board of trustees of the proposed annexing special district.
Section 70. Section
17B-1-901
is amended to read:
17B-1-901
. Providing and billing for multiple commodities, services, or facilities
-- Suspending service to a delinquent customer.
(1)
If a special district provides more than one commodity, service, or facility, the district
may bill for the fees and charges for all commodities, services, and facilities in a single
bill.
(2)
Regardless of the number of commodities, services, or facilities furnished by a special
district, the special district may suspend furnishing any commodity, service, or facility
to a customer if the customer fails to pay all fees and charges when due.
(3)
(a)
Notwithstanding Subsection
(2)
and except as provided in Subsection
(3)(b)
, a
special district may not suspend furnishing any commodity, service, or facility to a
customer if discontinuance of the service is requested by a private third party,
including an individual, a private business, or a nonprofit organization, that is not the
customer.
(b)
(i)
An owner of land or the owner's agent may request that service be temporarily
discontinued for maintenance-related activities.
(ii)
An owner of land or the owner's agent may not request temporary discontinuance
of service under Subsection
(3)(b)(i)
if the request is for the purpose of debt
collection, eviction, or any other unlawful purpose.
(4)
A special district and a county, with the approval or consent of the county treasurer,
may enter into an agreement for the county treasurer to bill and collect assessments on
behalf of the special district.
Section 71. Section
17D-5-101
, which is renumbered from Section 17B-2a-1301 is renumbered
and amended to read:
5. Infrastructure Financing District Act
1. General Provisions
17B-2a-1301
17D-5-101
. Definitions.
As used in this
part
chapter
:
(1)
"Assessment bond" means the same as that term is defined in Section
11-42-102
.
(2)
"Board" means the board of trustees of an infrastructure financing district.
(3)
"Designated expansion area" means an area that is:
(a)
outside and contiguous to the original district boundary; and
(b)
designated and described in a governing document as an area that may be subject to
future annexation to the infrastructure financing district.
(4)
"Governing document" means a document described in Section
17B-2a-1303
17D-5-202
.
(5)
"Original district boundary" means the boundary of an infrastructure financing district
as described in the approved final local entity plat, as defined in Section
67-1a-6.5
.
(6)
(a)
"Public infrastructure and improvements" means infrastructure, improvements,
facilities, or buildings that:
(i)
benefit the public; and
(ii)
(A)
are or will be owned by a public entity or a utility; or
(B)
are publicly maintained or operated by a public entity.
(b)
"Public infrastructure and improvements" includes facilities, lines, or systems that
provide:
(i)
sewer, storm drainage, natural gas, electricity, energy storage, renewable energy,
microgrids, or telecommunications service;
(ii)
streets, roads, curb, gutter, sidewalk, solid waste facilities, parking facilities, or
public transportation facilities; and
(iii)
green space, parks, trails, recreational amenities, or other similar facilities.
(c)
"Public infrastructure and improvements" does not include any infrastructure,
improvements, facilities, or buildings owned or to be owned by a private person,
including a homeowner association.
(7)
"Residential district" means an infrastructure financing district that contains or is
projected to contain owner-occupied residential units within the boundary of the
infrastructure financing district.
Section 72. Section
17D-5-102
, which is renumbered from Section 17B-2a-1302 is renumbered
and amended to read:
17B-2a-1302
17D-5-102
. Provisions applicable to infrastructure financing
district -- Exceptions -- Conflicting provisions -- Contract for administrative services.
(1)
An infrastructure financing district is governed by and has the powers stated in:

(a)
this
part
chapter
; and
(b)
Title 17B,
Chapter 1, Provisions Applicable to All Special Districts, except as
provided in Subsection
(1)(b).
(5).
(2)
(a)
Notwithstanding Subsection
17B-1-103(2)(f)
, an infrastructure financing district
may issue bonds only as provided in Title 11, Chapter 42, Assessment Area Act,
subject to Subsection
(2)(b)
, and Title 11, Chapter 42a, Commercial Property
Assessed Clean Energy Act.
(b)
To the extent that the provisions of Title 11, Chapter 42, Assessment Area Act, apply
to the use of funds from an assessment or an assessment bond for infrastructure
operation and maintenance costs or for the cost of conducting economic promotion
activities, those provisions do not apply to an infrastructure financing district.
(c)
Before a county or municipality's final inspection required for the issuance of a
certificate of occupancy for a residential unit that is subject to an assessment levied
by an infrastructure financing district under Title 11, Chapter 42, Assessment Area
Act, the infrastructure financing district shall ensure that the assessment allocable to
that unit is paid in full and that any assessment lien on that unit is satisfied and
released.
(3)
Notwithstanding Subsection
17B-1-103(2)(h)
, an infrastructure financing district may
not exercise the power of eminent domain.
(4)
This part applies only to an infrastructure financing district.
(5)
(4)
The name of an infrastructure financing district shall comply with Subsection
17B-1-208(1)(b)(ii)
.
(5)
If there is a conflict between a provision in
Title 17B,
Chapter 1, Provisions Applicable
to All Special Districts, and a provision in this
part
chapter
, the provision in this
part
chapter
governs.
(6)
An infrastructure financing district may contract with another governmental entity for
the other governmental entity to provide administrative services to the infrastructure
financing district.
Section 73. Section
17D-5-201
is enacted to read:
2. Creation, Governance, and Powers of an Infrastructure Financing District
17D-5-201
. Creation -- Annexation -- Withdrawal.
(1)
An infrastructure financing district shall be created in accordance with Title 17B,
Chapter 1, Part 2, Creation of a Special District, subject to the exclusions described in
Section
17B-1-219
.
(2)
An infrastructure financing district may annex an area into the infrastructure financing
district's boundaries in accordance with Title 17B, Chapter 1, Part 4, Annexation, subject
to the exclusions described in Section
17B-1-405.5
.
(3)
An area may be withdrawn from the boundaries of an infrastructure financing district in
accordance with Title 17B, Chapter 1, Part 5, Withdrawal.
Section 74. Section
17D-5-202
, which is renumbered from Section 17B-2a-1303 is renumbered
and amended to read:
17B-2a-1303
17D-5-202
. Governing document.
(1)
The sponsors of a petition filed under Subsection
17B-1-203(1)(d)
to create an
infrastructure financing district may include with the petition a governing document.
(2)
A governing document may contain provisions for the governance of the infrastructure
financing district, consistent with
Title 17B, Chapter 1, Part 2, Creation of a Special
District, and
this
part
chapter
, including:
(a)
for a residential district, milestones or events that will guide the board in considering
modifications to division boundaries to ensure that each division has as nearly as
possible the same number of registered voters;
(b)
a provision allowing a property owner within the infrastructure financing district to
make recommendations, in proportion to the amount of the owner's property in
relation to all property within the infrastructure financing district, for individuals to
serve as appointed board members; and
(c)
any other provisions or information that petition sponsors or the board considers
necessary or advisable for the governance of the infrastructure financing district.
(3)
A governing document shall:
(a)
include a description of infrastructure that the infrastructure financing district will
provide funding for;
(b)
include, for a residential district, a provision for a transition from an appointed board
position, whether at large or for a division, to an elected board position, based upon
milestones or events that the governing document identifies;
(c)
if applicable, include a copy of a development agreement that has been executed
relating to infrastructure to be developed within the boundary of the infrastructure
financing district and for which the infrastructure financing district anticipates
providing funding; and
(d)
if applicable, describe a designated expansion area.
(4)
(a)
An area may not be designated as a designated expansion area unless the area is
contiguous to the original district boundary.
(b)
An area may not be annexed to an infrastructure financing district unless the area is
within the designated expansion area that is described in a governing document that
is included and submitted with the petition to create the infrastructure financing
district.
Section 75. Section
17D-5-203
, which is renumbered from Section 17B-2a-1304 is renumbered
and amended to read:
17B-2a-1304
17D-5-203
. Board of trustees -- Conflict of interest --
Compensation.
(1)
A board member with a personal investment described in Section
67-16-9
is not in
violation of Section
67-16-9
if:
(a)
before beginning service as a board member, the board member complies with the
disclosure requirements of Section
67-16-7
, as though that section applied to the
board member's ownership of a personal investment described in Section
67-16-9
; and
(b)
during the board member's service, the board member complies with:
(i)
the disclosure requirements of Section
67-16-7
, as provided in Subsection
(1)(a)
,
upon any significant change in the board member's personal investment; and
(ii)
applicable requirements of this part and the governing document.
(2)
An infrastructure financing district may not compensate a board member for the
member's service on the board unless the board member is a resident within the
boundary of the infrastructure financing district.
Section 76. Section
17D-5-204
, which is renumbered from Section 17B-2a-1305 is renumbered
and amended to read:
17B-2a-1305
17D-5-204
. Relationship with other local entities.
(1)
The applicability of local land use regulations under Title 10, Chapter 20, Municipal
Land Use, Development, and Management Act, or Title 17, Chapter 79, County Land
Use, Development, and Management Act, is not affected by:
(a)
the creation or operation of an infrastructure financing district; or
(b)
the infrastructure financing district's provision of funding for the development of
infrastructure within the infrastructure financing district boundary.
(2)
The boundary of an infrastructure financing district is not affected by:
(a)
a municipality's annexation of an unincorporated area of a county; or
(b)
the adjustment of a boundary shared by more than one municipality.
(3)
A debt, obligation, or other financial burden of an infrastructure financing district,
including any liability of or claim or judgment against an infrastructure financing district:
(a)
is borne solely by the infrastructure financing district; and
(b)
is not the debt, obligation, or other financial burden of any other political subdivision
of the state or of the state.
(4)
(a)
Nothing in this
part
chapter
affects the requirement for infrastructure for which
an infrastructure financing district provides funding to comply with all applicable
standards and design, inspection, and other requirements of the county, municipality,
special district, or special service district that will own and operate the infrastructure
after the infrastructure is completed.
(b)
Upon the completion of infrastructure for which an infrastructure financing district
has provided funding, the infrastructure shall be conveyed:
(i)
to the county, municipality, special district, or special service district that will
operate the infrastructure; and
(ii)
at no cost to the county, municipality, special district, or special service district.
Section 77. Section
17D-5-205
, which is renumbered from Section 17B-2a-1307 is renumbered
and amended to read:
17B-2a-1307
17D-5-205
. Reporting requirements.
(1)
An infrastructure financing district shall submit an annual report, as provided in this
section, to:
(a)
the state auditor;
(b)
the clerk or recorder of each municipality in which the infrastructure financing
district is located; and
(c)
the clerk of the county in which the infrastructure financing district is located, if all
or part of the infrastructure financing district is located in an unincorporated area of
the county.
(2)
A report required under Subsection
(1)
shall:
(a)
be filed no later than May 31 of each year; and
(b)
report, for the preceding calendar year:
(i)
if applicable, the amount of property tax revenue the infrastructure financing
district received;
(ii)
the amount of money the infrastructure financing district received from
assessments levied in an assessment area designated under Title 11, Chapter 42,
Assessment Area Act;
(iii)
the outstanding principal of any assessment bonds issued or other debt incurred
by the infrastructure financing district;
(iv)
the amount spent for site improvement or site preparation costs, the installation
of public infrastructure and improvements, and administrative costs;
(v)
any boundary change of the infrastructure financing district; and
(vi)
the number of residential housing units constructed within the infrastructure
financing district.
Section 78. Section
17D-5-301
, which is renumbered from Section 17B-2a-1306 is renumbered
and amended to read:
3. Contesting an Action
17B-2a-1306
17D-5-301
. Contesting an infrastructure financing district action.
(1)
As used in this section:
(a)
"Contestable action" means:
(i)
the creation of an infrastructure financing district or any part of the process to
create an infrastructure financing district;
(ii)
a property tax levied by an infrastructure financing district or any part of the
process to levy the tax; or
(iii)
a fee imposed by an infrastructure financing district or any part of the process to
impose the fee.
(b)
"Effective date" means:
(i)
with respect to the creation of an infrastructure financing district, the date of the
lieutenant governor's issuance of a certificate of creation under Section
67-1a-6.5
;
(ii)
with respect to a property tax levied by an infrastructure financing district, the
date of the board's adoption of a resolution levying the tax; and
(iii)
for a fee imposed by an infrastructure financing district, the date of the board's
adoption of a resolution imposing the fee.
(2)
(a)
A person may file a court action to contest the legality or validity of a contestable
action.
(b)
A court action under Subsection
(2)(a)
is the exclusive remedy for a person to
contest the legality or validity of a contestable action.
(3)
A person may not bring an action under Subsection
(2)
or serve a summons relating to
the action more than 30 days after the effective date of the contestable action.
(4)
After the expiration of the 30-day period stated in Subsection
(3)
:
(a)
a contestable action becomes incontestable against any person who has not brought
an action and served a summons within the time specified in Subsection
(3)
; and
(b)
a person may not bring an action to:
(i)
enjoin an infrastructure financing district from levying and collecting a property
tax or imposing and collecting a fee that the infrastructure financing district levies
or imposes; or
(ii)
attack or question in any way the legality or validity of a contestable action.
(5)
(a)
This section does not affect a claim for a misuse of funds against the infrastructure
financing district or an officer or employee of the infrastructure financing district.
(b)
A person may not seek relief for a claimed misuse of funds described in Subsection
(5)(a)
except for injunctive relief.
(c)
The limitation under Subsection
(5)(b)
does not affect the filing or prosecution of
criminal charges for the misuse of infrastructure financing district funds.
Section 79. Section
59-2-208
is amended to read:
59-2-208
. Duties of commission relative to mines.
The duties of the commission
and county auditors
relative to:
(1)
the assessment of mines, mining claims, and mining property;
(2)
the statements and returns to be made; and
(3)
the equalization thereof are the same as those provided for the assessment of public
utilities.
Section 80. Section
59-2-1306
is amended to read:
59-2-1306
. Collection after taxpayer moves from county -- Evidence of tax due --
Costs of collection.
(1)
If any person moves from one county to another after being assessed on personal
property, the county in which the person was assessed may sue for and collect the tax in
the name of the county where the assessment was made.
(2)
At the trial, a certified copy of the assessment from the county where the assessment
was made, with a signed statement attached that the tax has not been paid, describing it
as on the assessment book or delinquent list, is prima facie evidence that the tax and the
interest are due, and entitles the county to judgment, unless the defendant proves that the
tax was paid.
(3)
The county treasurer shall be credited and the county
auditor
finance officer, as that
term is defined in Section
17-66-101
,
shall allow the expenses of collecting the tax and
permit a deduction from the amount collected, not to exceed 1/3 of the amount of the tax
collected.
Section 81. Section
77-21-4
is amended to read:
77-21-4
. Fees.
(1)
As used in this section, "finance officer" means the same as that term is defined in
Section
17-66-101
.
(2)
Whenever a judge of a court of record of this state issues a certificate under the
provisions of this chapter to obtain the attendance of a witness for the prosecution from
without
outside
the state in a criminal prosecution or grand jury investigation
commenced or about to commence
he
, the judge
shall designate
therein
a suitable
peace officer of this state to

:
(a)
present the certificate to the proper officer or tribunal of the state wherein the witness
is found
;
and
(b)
to
tender to the witness
his
the witness's
per diem and mileage fees.
(3)
The
peace
officer
designated as described in Subsection
(2)
shall exhibit the certificate
to the county
auditor
finance officer
of the county in which the criminal proceeding is
pending and the
auditor
finance officer
shall draw
his
a
warrant upon the county
treasurer in favor of the
peace
officer in the amount to be tendered
to
the witness.
(4)
The
peace
officer shall be liable upon
his
the peace officer's
official bond for the proper
disposition of the money received
under Subsection
(3)
.
(5)
In all cases in which the
peace
officer is required to travel in order to present the
certificate and tender fees,
his
the peace officer's
actual and necessary traveling
expenses shall be paid out of the fund from which witnesses for the prosecution in the
criminal proceeding are paid.
Section 82. Section
78A-7-121
is amended to read:
78A-7-121
. Funds collected -- Deposits and reports -- Special account --
Accounting.
(1)
As used in this section, "finance officer" means the same as that term is defined in
Section
17-66-101
.
(2)
(a)
Justice courts shall deposit public funds in accordance with Section
51-4-2
.
(b)
The city or county treasurer shall report to the city recorder or county
auditor
finance officer
, as appropriate, the sums collected and deposited.

(c)
The
city
recorder or
auditor
county finance officer
shall then apportion and remit the
collected proceeds as provided in Section
78A-7-120
.
(2)
(3)
Money received or collected on any civil process or order issued from a justice
court shall be paid within seven days to the party entitled or authorized to receive
it
the
money
.
(3)
(4)
(a)
With the approval of the governing body a trust or revolving account may be
established in the name of the justice court and the
city or county
treasurer for the
deposit of money collected including bail, restitution, unidentified receipts, and other
money that requires special accounting.
(b)
Disbursements from this account do not require the approval of the
auditor
county
finance officer
,
city auditor,
recorder, or governing body.
(c)
The account shall be reconciled at least quarterly by the
city
auditor
or county
finance officer
of the governing body
, as appropriate
.
Section 83. Section
78B-1-123
is amended to read:
78B-1-123
. Jurors and witnesses -- Limit of time for presentation of certificate.
(1)
As used in this section, "finance officer" means the same as that term is defined in
Section
17-66-101
.
(2)
Any holder of a witness's or juror's certificate specified in this title shall be required to
present
it
the certificate
to the county treasurer or to the county
auditor
finance officer
,
as the case may be, of the county where the certificate was issued within one year from
the date of
its
issuance.
(3)
If the
same
certificate
is not presented for payment within
that
the
time
described in
Subsection
(2)
,
it
the certificate
is invalid and will not be paid.
Section 84. Section
78B-1-124
is amended to read:
78B-1-124
. Jurors and witnesses -- Statement of certificates -- Contents --
Payment by state.
(1)
At the end of each quarter it shall be the duty of the county treasurer and the county
auditor of each
county
finance officer, as that term is defined in Section
17-66-101
,
to
prepare in duplicate and verify under oath a full and complete itemized statement of all
certificates issued by the clerk of the district court since the date of the last statement for
mileage and attendance of:
(a)
grand jurors;
(b)
trial jurors engaged in the trial of criminal causes in the district court; and
(c)
witnesses summoned by or on behalf of the state in criminal causes in the district
court.
(2)
The statement shall set forth in detail for each certificate:
(a)
the number of the certificate;
(b)
the date issued;
(c)
the name of the person in whose favor it was issued;
(d)
the nature of the service rendered; and
(e)
any other information as may be necessary and required by the state auditor.
(3)
(a)
Within 30 days of the end of the quarter
one of these statements
:
(i)
a statement described in Subsection
(2)
shall be transmitted to the state auditor
;
and
the other
(ii)
an identical statement shall be
filed in the office of the county clerk.
(b)
Upon the timely receipt of
this
a
statement
,
the state auditor shall, unless
it
the
statement
is found to be incorrect, draw a warrant in favor of the county treasurer
upon the state treasurer for the whole amount of jurors' and witnesses' certificates as
shown by the statement, and transmit
it
the warrant and statement
to the county
treasurer.
(4)
The county treasurer shall hold the funds drawn from the state treasury upon the
certificates for mileage and attendance of jurors and witnesses as a separate fund for the
redemption of jurors' and witnesses' certificates.
Section 85.
Repealer.
Licensing of residences for persons with a disability.
Definitions.
Definitions.
Title.
Failure to levy execution -- Penalty.
Title.
State to indemnify county regarding refusal to site nuclear waste --
Terms and conditions.
More than one chief deputy in larger county departments.
Title.
Expenditure of county funds authorized to develop county resources.
Expulsion of members prohibited -- Exception for disorderly
conduct.
Seal for clerk of district court.
Commanding services of sheriff.
Section 86.
Effective Date.
This bill takes effect:
(1)
except as provided in Subsection (2), May 6, 2026; or
(2)
if approved by two-thirds of all members elected to each house:
(a)
upon approval by the governor;
(b)
without the governor's signature, the day following the constitutional time limit of
Utah Constitution, Article VII, Section 8; or
(c)
in the case of a veto, the date of veto override.
3-11-26 3:01 PM