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First Substitute S.B. 170
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5 AN ACT RELATING TO LOCAL GOVERNMENT; ALLOWING THE CIVIL SERVICE
6 COMMISSION AND THE PERSONAL MERIT SYSTEM COMMISSION TO USE OTHER
7 COMPETITIVE EXAMINATION PROCESSES TO DETERMINE THE QUALIFICATION OF
8 APPLICANTS FOR POSITIONS AS PEACE OFFICERS.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 10-3-1007, as enacted by Chapter 48, Laws of Utah 1977
12 17-30-6, as last amended by Chapter 234, Laws of Utah 1993
13 17-30-9, as enacted by The People Nov. 8, 1960, Laws of Utah 1960
14 17-30-10, as enacted by The People Nov. 8, 1960, Laws of Utah 1960
15 17-30-11, as last amended by Chapter 210, Laws of Utah 1983
16 ENACTS:
17 53-6-401, Utah Code Annotated 1953
18 53-6-402, Utah Code Annotated 1953
19 Be it enacted by the Legislature of the state of Utah:
20 Section 1. Section 10-3-1007 is amended to read:
21 10-3-1007. Examinations.
22 (1) All applicants for employment in the classified civil service [
23 examination, which shall be public, competitive, and free.
24 (2) Examinations shall be:
25 (a) held at [
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27 (b) for the purpose of determining the qualifications of applicants for positions[
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29 (c) practical and shall fairly test the fitness in every respect of the persons examined to
30 discharge the duties of the positions to which they seek to be appointed[
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32 (3) The civil service commission, in determining the qualifications of applicants for
33 employment in the classified civil service, may recognize the results of a competitive examination
34 administered by the Utah Police Corps, as created in Section 53-6-402 , if the examination meets
35 the requirements of Subsections (2)(b) and (c).
36 Section 2. Section 17-30-6 is amended to read:
37 17-30-6. Examinations -- How prepared, conducted, and graded -- Notice of
38 examination.
39 (1) (a) When necessary, the commission shall give competitive examinations to determine
40 the qualification of applicants for positions as peace officers.
41 (b) The examinations shall be practical in character and shall relate to matters that will
42 fairly test the mental and physical ability and knowledge of the applicants to discharge the duties
43 of the positions.
44 (c) The examinations shall be prepared, conducted, and graded under the direction of the
45 commission, or by impartial special examiners [
46 (2) The commission, in determining the qualifications of applicants for positions as peace
47 officers, may recognize the results of a competitive examination administered by the Utah Police
48 Corps, as created in Section 53-6-402 , if the examination meets the requirements of Subsection
49 (1)(b).
50 [
51 to the examination in a newspaper of general circulation in the area concerned and shall be posted
52 in a conspicuous place in the office of the department concerned.
53 (b) The notice shall set forth minimum and maximum wages, physical and educational
54 requirements, and passing grades, which shall be not less than 70%.
55 (c) A person completing an examination shall be promptly notified of his final grade by
56 mail at his last-known address [
57 Section 3. Section 17-30-9 is amended to read:
58 17-30-9. Preparation and expiration of eligible register.
59 (1) Upon completion of [
60 register containing the names of all persons receiving a passing grade in the order of grades earned,
61 beginning with the highest.
62 (2) (a) An eligible register [
63 under Subsection 17-30-6 (2), expires not later than two years after the date of the examination
64 unless the commission, for good reason, [
65 additional year.
66 (b) The promulgation of a new eligible register [
67 previous registers for the same class or position, except that the commission may establish rules
68 governing registers established for Utah Police Corps positions.
69 Section 4. Section 17-30-10 is amended to read:
70 17-30-10. Appointments from eligible register -- Failure to accept appointment.
71 (1) When a peace officer is to be appointed, the appointing authority shall request the merit
72 system commission to certify three eligible applicants for the position. The commission shall
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74 on the eligible register. The appointing authority shall select and appoint one of the persons so
75 certified.
76 (2) [
77 his request, retain his place on the eligible register if he submits in writing reasons sufficient in the
78 judgment of the commission to justify [
79 (3) The commission, in appointing a peace officer, may recognize the results of a
80 competitive examination administered by the Utah Police Corps, as created in Section 53-6-402 ,
81 if the examination meets the requirements of Subsection 17-30-6 (1)(b).
82 Section 5. Section 17-30-11 is amended to read:
83 17-30-11. Probationary period of appointment.
84 (1) Any officer appointed as provided in Section 17-30-10 shall serve a probationary
85 period of six consecutive months, during which time he may be discharged by the appointing
86 authority. The probationary period shall be extended for an officer who has not yet satisfactorily
87 completed an approved peace officer training program and received a certificate [
88 of completion, as required under Title 67, Chapter 15. A person removed during his probationary
89 period [
90 regular examination. Continuance in his position after the expiration of the probationary period
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92 appointment [
93 (2) The commission shall establish policies and procedures to govern the probationary
94 appointments of officers selected from the Utah Police Corps, but the probationary period may not
95 be less than six months.
96 Section 6. Section 53-6-401 is enacted to read:
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98 53-6-401. Title.
99 This part is known as the "Utah Police Corps Act."
100 Section 7. Section 53-6-402 is enacted to read:
101 53-6-402. Creation -- Purpose -- Funding.
102 (1) There is created within the division the Utah Police Corps.
103 (2) The Utah Police Corps is a peace officer training program that:
104 (a) is funded solely by the federal government;
105 (b) requires participants to receive a four-year college degree;
106 (c) reimburses participants up to $30,000 for education expenses; and
107 (d) requires participants to work for a state or local law enforcement agency for four years
108 after graduating from the corps.
109 (3) The state is not required to provide funding to the Utah Police Corps.
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