H.B. 305

1

COUNTY APPOINTED OFFICERS
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Keith Grover
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to county officers.
10 Highlighted Provisions:
11 This bill:
12 . makes the county offices of treasurer, sheriff, clerk, auditor, recorder, surveyor, and
13 assessor appointed rather than elected;
14 . requires those officers to be appointed by:
15 . the county executive, with the consent of the county legislative body, in a
16 county operating under a county executive-council form of government; and
17 . the county commission or council, in a county operating under another form of
18 government; and
19 . makes technical and conforming changes.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 17-16-3, as last amended by Chapter 3, Laws of Utah 2006
27 17-16-4, Utah Code Annotated 1953

28 17-17-2, as last amended by Chapter 214, Laws of Utah 2001
29 17-22-1.5, as last amended by Chapter 140, Laws of Utah 2003
30 17-23-1, as last amended by Chapter 241, Laws of Utah 2001
31 17-53-101, as renumbered and amended by Chapter 133, Laws of Utah 2000
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 17-16-3 is amended to read:
35 17-16-3. Consolidation of offices.
36 (1) A county legislative body may, unless prohibited by Subsection (2), pass an
37 ordinance that:
38 (a) consolidates county offices and establishes the duties of those consolidated offices;
39 (b) separates any previously consolidated offices and reconsolidates them; or
40 (c) separates any previously consolidated offices without reconsolidating them.
41 (2) A county legislative body may not:
42 (a) consolidate the offices of county commissioner, county council member, or county
43 treasurer with the office of county auditor;
44 (b) consolidate the office of county executive with the office of county auditor, unless a
45 referendum approving that consolidation passes; or
46 (c) consolidate the offices of county commissioner, county council member, county
47 executive, county assessor, or county auditor with the office of county treasurer.
48 (3) Each county legislative body shall ensure that any ordinance consolidating or
49 separating county offices:
50 (a) is enacted before the February 1 of the year in which county officers are elected;
51 and
52 (b) takes effect on the first Monday in January after the year in which county officers
53 are elected.
54 (4) (a) Each county legislative body shall[: (i)] enact an ordinance by February 1, 2010,
55 separating any county offices that are prohibited from consolidation by this section[; and].
56 [(ii) publish, by February 15, 2010, a notice once in a newspaper of general circulation
57 in the county identifying the county offices that will be filled in the November 2010 election.]
58 (b) [(i)] If a county legislative body has, by February 1, 2006, enacted an ordinance, in

59 compliance with this Subsection (4) then in effect, separating county offices that are prohibited
60 from consolidation by this section, the county legislative body may repeal that ordinance.
61 [(ii) If a county legislative body has published notice in a newspaper identifying the
62 county offices that will be filled in the November 2006 election, and that notice, because of a
63 repeal of an ordinance under Subsection (4)(b)(i), is incorrect, the county legislative body shall
64 publish notice once in a newspaper of general circulation in the county indicating that the
65 previous notice was incorrect and correctly identifying the county offices that will be filled in
66 the November 2006 election.]
67 Section 2. Section 17-16-4 is amended to read:
68 17-16-4. Officer in a consolidated office.
69 [When] If offices are [united and] consolidated [but one person shall be elected to fill
70 the offices so united and consolidated, and he must], the person filling the offices that have
71 been consolidated shall take the oath and give the bond required for, and discharge all the
72 duties pertaining to, each.
73 Section 3. Section 17-17-2 is amended to read:
74 17-17-2. Assessor to be state qualified -- Vacancy -- Filling vacancy.
75 (1) In addition to the requirements of Section 17-16-1 , any person [elected] appointed
76 to the office of county assessor after [November 1, 1993] April 30, 2007, shall be a
77 state-licensed or state-certified appraiser as defined in Title 61, Chapter 2b, Real Estate
78 Appraiser Licensing and Certification Act, prior to the expiration of 36 months from the day on
79 which his term of office begins.
80 (2) (a) If an assessor fails to meet the requirement of this section, the assessor's office
81 is automatically vacant.
82 (b) (i) In the event of a vacancy under this section, the county executive shall fill the
83 vacancy in the manner provided for in Sections 17-53-104 and 20A-1-508 . However, a person
84 selected to fill the vacancy must be a state-licensed or state-certified appraiser within six
85 months after assuming the office of county assessor.
86 (ii) If a state-licensed or state-certified appraiser cannot be found to fill a vacancy
87 which resulted from the requirements of this section, the county executive may contract with a
88 state-licensed or state-certified appraiser from outside the county to fill the remainder of the
89 term in the office of county assessor.

90 Section 4. Section 17-22-1.5 is amended to read:
91 17-22-1.5. County sheriff qualifications.
92 (1) Each person [filing a declaration of candidacy for] appointed to the office of county
93 sheriff shall:
94 (a) (i) have successfully met the standards and training requirements established for
95 law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer Training and
96 Certification Act; or
97 (ii) have passed a certification examination as provided in Section 53-6-206 ; and
98 (b) be qualified to be certified as a law enforcement officer, as defined in Section
99 53-13-103 .
100 (2) In addition to the general qualifications required of county officers by Title 17,
101 Chapter 16, County Officers, each county sheriff shall:
102 (a) at the time of taking office:
103 (i) (A) have successfully met the standards and training requirements established for
104 law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer Training and
105 Certification Act; or
106 (B) have passed a certification examination as provided in Section 53-6-206 ; and
107 (ii) be qualified to be certified as a law enforcement officer, as defined in Section
108 53-13-103 ; [and]
109 (b) satisfactorily complete annual certified training as required in Section 53-13-103 ;
110 and
111 (c) after certification as provided in Subsection (2)(a), remain certified as a law
112 enforcement officer during the sheriff's term of office.
113 (3) The county legislative body shall declare the office of sheriff to be vacant if at any
114 time the incumbent sheriff fails to meet the legal qualifications for office under Subsection (2).
115 Section 5. Section 17-23-1 is amended to read:
116 17-23-1. County surveyor to be appointed -- Requirement to be licensed land
117 surveyor -- Authority to contract with licensed land surveyor -- County surveyor duties.
118 (1) (a) The office of the county surveyor in each county shall be filled by [election]
119 appointment, as provided in Section 17-53-101 , and, except as provided in Subsection (1)(b),
120 the county surveyor shall be a licensed professional land surveyor in the state.

121 (b) In a county where the office of county surveyor is consolidated with another
122 [elected] office, all county surveying work shall be performed by a licensed professional land
123 surveyor.
124 [(c) In a county where there is no elected county surveyor:]
125 (c) (i) [the] The county executive [or legislative body] may, with the consent of the
126 county legislative body and consistent with Section 17-53-313 , contract with a licensed
127 professional land surveyor to perform [those] the county surveyor duties[;].
128 (ii) In a county where the county executive contracts with a licensed professional land
129 surveyor to perform county surveyor duties:
130 [(ii)] (A) all county survey work shall be done by a licensed land surveyor;
131 [(iii)] (B) the county recorder shall assume and perform all statutory functions and
132 duties of the county surveyor related to the retention and maintenance of survey records;
133 [(iv)] (C) the recorder's office shall act as the county surveyor's office only for the
134 purpose of accepting, retaining, and managing county survey records;
135 [(v)] (D) the county shall furnish sufficient office space, furniture, stationery, and
136 record books necessary for the county recorder's office to fulfill its functions and duties under
137 Subsection (1)(c)[(iv)](ii)(C); and
138 [(vi)] (E) for purposes of this chapter, "county surveyor" means:
139 [(A)] (I) for purposes of the retention and management of county survey records, the
140 county recorder; and
141 [(B)] (II) except as provided in Subsection (1)(c)[(vi)(A)](ii)(E)(I), the licensed land
142 surveyor under contract with the county to perform county surveyor duties.
143 (2) The county surveyor shall execute:
144 (a) all orders directed to the surveyor by any court; and
145 (b) all orders of survey required by the county executive or county legislative body.
146 (3) (a) The surveyor of each county shall:
147 (i) advise the county executive and county legislative body regarding all surveying
148 work;
149 (ii) perform or arrange for the performance of all surveying work for the county;
150 (iii) permanently keep at county government offices at the county seat a fair and
151 accurate record of all surveys made, including legal descriptions and geographic coordinates,

152 all surveys received pursuant to Section 17-23-17 , and all corner files received pursuant to
153 Section 17-23-17.5 ;
154 (iv) number progressively all surveys received and state by whom and for whom the
155 surveys were made;
156 (v) deliver a copy of any survey to any person or court requiring the survey after the
157 payment of the fee established by the county legislative body;
158 (vi) ensure that all surveys of legal subdivisions of sections are made according to the
159 United States Manual of Surveying Instructions in effect at the time the survey is completed;
160 (vii) verify the correctness of or establish correct coordinates for all survey reference
161 monuments set in place and shown on all subdivision maps and plats which have a spatial
162 relationship with any section or quarter section corner; and
163 (viii) perform other duties required by law.
164 (b) In arranging for the performance of surveying work for the county under Subsection
165 (3)(a)(ii), a surveyor may comply with Section 17-53-313 .
166 (4) (a) The county surveyor or his designee shall establish all corners of government
167 surveys and reestablish all corners of government surveys where corners have been destroyed
168 and where witness markers or other evidences of the government corners remain so that the
169 corners established by government survey can be positively located.
170 (b) The corners shall be reestablished in the manner provided in Section 17-23-13 for
171 establishing corners.
172 (c) The county surveyor shall keep a separate record of the established and
173 reestablished corners of government surveys, giving the date and names of persons present and
174 shall provide those records to his successor when he vacates his office.
175 (d) Established or reestablished corners shall be recognized as the legal and permanent
176 corners.
177 (5) The county executive or legislative body may direct the county surveyor or his staff
178 to perform engineering and architectural work if the county surveyor or his staff is qualified
179 and licensed to perform that work.
180 Section 6. Section 17-53-101 is amended to read:
181 17-53-101. County officers enumerated.
182 (1) The elected officers of a county are:

183 (a) (i) in a county operating under a county commission or expanded county
184 commission form of government, county commission members; or
185 (ii) in a county operating under one of the other forms of county government under
186 Subsection 17-52-402 (1)(a), county legislative body members and the county executive;
187 (b) [a county treasurer, a sheriff, a county clerk, a county auditor, a county recorder,] a
188 county attorney[, a district attorney] and, in a county which is part of a prosecution district, a
189 [county surveyor, and a county assessor] district attorney; and
190 (c) any others provided by law.
191 [(2) Notwithstanding Subsection (1), in counties]
192 (2) (a) The appointed officers of a county are a county treasurer, a sheriff, a county
193 clerk, a county auditor, a county recorder, a county surveyor, and a county assessor.
194 (b) Each officer listed in Subsection (2)(a) shall be appointed by:
195 (i) the county executive, with the consent of the county legislative body, if the county
196 operates under a county executive-council form of government; or
197 (ii) the county commission or council, as the case may be, if the county operates under
198 a county commission, expanded county commission, or council-manager form of government.
199 (3) In a county having a taxable value of less than $100,000,000, the county clerk shall
200 be ex officio auditor of the county and shall perform the duties of the office without extra
201 compensation.




Legislative Review Note
as of 1-16-07 10:04 AM

Office of Legislative Research and General Counsel