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First Substitute H.B. 184

Representative Craig W. Buttars proposes to substitute the following bill:


             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; REQUIRING COUNTY OR PROSECUTION DISTRICT OFFICERS TO TAKE
             9      PAID ADMINISTRATIVE LEAVE UNDER CERTAIN CIRCUMSTANCES; AUTHORIZING
             10      THE TEMPORARY REASSIGNMENT OF THE DUTIES OF AN OFFICER ON
             11      ADMINISTRATIVE LEAVE; AND MAKING TECHNICAL CORRECTIONS.
             12      This act affects sections of Utah Code Annotated 1953 as follows:
             13      AMENDS:
             14          17-16-1, as last amended by Chapter 139, Laws of Utah 1997
             15      ENACTS:
             16          17-16-10.5, Utah Code Annotated 1953
             17      Be it enacted by the Legislature of the state of Utah:
             18          Section 1. Section 17-16-1 is amended to read:
             19           17-16-1. Eligibility and residency requirements for county, district, precinct, or
             20      prosecution district office.
             21          (1) A person filing a declaration of candidacy for a county, district, precinct, or prosecution
             22      district office shall:
             23          (a) be a United States citizen;
             24          (b) except as provided in Subsection 17-18-5 (1)(d)(ii) with respect to the office of county
             25      attorney or district attorney, as of the date of the election have been a resident of the county,


             26      district, precinct, or prosecution district in which the person seeks office for at least one year; and
             27          (c) be a registered voter in the county, district, precinct, or prosecution district in which the
             28      person seeks office.
             29          (2) (a) A county, district, precinct, or prosecution district officer shall maintain residency
             30      within the county, district, precinct, or prosecution district in which he was elected during his term
             31      of office.
             32          (b) If a county, district, precinct, or prosecution district officer establishes his principal
             33      place of residence as provided in Section 20A-2-105 outside the county, district, precinct, or
             34      prosecution district in which he was elected, the office is automatically vacant.
             35          [(3) If an elected county, district, precinct, or prosecution district officer is absent from the
             36      county, district, precinct, or prosecution district any time during his term of office for a continuous
             37      period of more than 60 days without the consent of the county legislative body or bodies, the
             38      county, district, precinct, or prosecution district office is automatically vacant.]
             39          Section 2. Section 17-16-10.5 is enacted to read:
             40          17-16-10.5. Malfeasance in office -- Felony charges or incapacitation -- Paid
             41      administrative leave -- Reassignment of duties.
             42          (1) The failure of an elected county or prosecution district officer substantially to perform
             43      the officer's official duties constitutes malfeasance in office under Section 77-6-1 .
             44          (2) If an elected county or prosecution district officer is charged with the commission of
             45      a felony arising from conduct related to the officer's official duties, the officer shall be placed on
             46      paid administrative leave h BY THE COUNTY LEGISLATIVE BODY h until a court of competent
             46a      jurisdiction disposes of the charges.
             47           h [ (3) If an elected county or prosecution district officer is unable to perform the officer's
             48      official duties due to medical illness, injury, or other incapacitation, the officer shall be placed on
             49      paid administrative leave until the officer is again able to perform the officer's official duties.
             50          (4)
] (3) h
(a) During the time that an elected county or prosecution district officer is on paid
             51      administrative leave under Subsection (2) h [ or (3) ] h , the officer's duties may, except as provided
             51a      in
             52      Subsection (4)(c), be temporarily:
             53          (i) reassigned to another officer by the county legislative body; or
             54          (ii) performed by a person employed for that purpose, under the supervision of the county
             55      legislative body.
             56          (b) For purposes of Subsection h [ (4) ] (3) h (a) with respect to a prosecution district officer
             56a      in a


             57      multi-county prosecution district, "county legislative body" means the legislative bodies of all
             58      counties included in the prosecution district.
             59          (c) A reassignment under Subsection h [ (4) ] (3) h a) may not result in the same
             59a      person exercising
             60      the duties of:
             61          (i) both a county legislative body member or county treasurer and county auditor; or
             62          (ii) both a county executive and county auditor.


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