H.B. 184

1

COUNTY OFFICERS AMENDMENTS
2 1999 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Craig W. Buttars
5 AN ACT RELATING TO COUNTIES; REPEALING LANGUAGE RELATING TO THE
6 EFFECT OF AN OFFICER'S ABSENCE FROM THE COUNTY, DISTRICT, PRECINCT, OR
7 PROSECUTION DISTRICT; ESTABLISHING CERTAIN BEHAVIOR AS MALFEASANCE
8 IN OFFICE; AND MAKING TECHNICAL CORRECTIONS.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 17-16-1, as last amended by Chapter 139, Laws of Utah 1997
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 17-16-1 is amended to read:
14 17-16-1. Eligibility and residency requirements for county, district, precinct, or
15 prosecution district office.
16 (1) A person filing a declaration of candidacy for a county, district, precinct, or prosecution
17 district office shall:
18 (a) be a United States citizen;
19 (b) except as provided in Subsection 17-18-5 (1)(d)(ii) with respect to the office of county
20 attorney or district attorney, as of the date of the election have been a resident of the county,
21 district, precinct, or prosecution district in which the person seeks office for at least one year; and
22 (c) be a registered voter in the county, district, precinct, or prosecution district in which the
23 person seeks office.
24 (2) (a) A county, district, precinct, or prosecution district officer shall maintain residency
25 within the county, district, precinct, or prosecution district in which he was elected during his term
26 of office.
27 (b) If a county, district, precinct, or prosecution district officer establishes his principal

28 place of residence as provided in Section 20A-2-105 outside the county, district, precinct, or
29 prosecution district in which he was elected, the office is automatically vacant.
30 (3) [If] The failure of an elected county, district, precinct, or prosecution district officer
31 [is absent from the county, district, precinct, or prosecution district any time during his term of
32 office for a continuous period of more than 60 days without the consent of the county legislative
33 body or bodies, the county, district, precinct, or prosecution district office is automatically vacant]
34 substantially to perform the officer's official duties constitutes malfeasance in office under Section
35 77-6-1 .




Legislative Review Note
as of 12-7-98 11:09 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

Committee Note

The Political Subdivisions Interim Committee recommended this bill.