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[Introduced][Amended][Status][Bill Documents][Fiscal Note][Bills Directory]
S.B. 80 Enrolled
This act modifies provisions relating to Counties. The act prohibits separate ownership or
conveyance of a common area on a recorded plat and contains provisions for how a common
area is to be treated for assessment purposes and for purposes of instruments describing a
parcel on the plat. The act modifies county and municipal land use and development
provisions including county board of adjustment power provisions and conditional use and
other appeal provisions. The act directs county legislative bodies to define how their power
to consent of appointments takes place and authorizes the delegation of that power to the
executive. The act modifies county budget provisions, including the designation of the
county budget officer. The act modifies county clerk and county recorder provisions,
including provisions relating to the recording of documents. The act modifies county
surveyor provisions and requires all survey work to be done by a licensed land surveyor and
distinguishes those surveyor functions that may be performed by someone who is not a
licensed land surveyor. The act shifts responsibility for approving plats in the county from
the legislative body to the executive. The act repeals certain duties of a county treasurer and
a county auditor and repeals penalties for a treasurer or auditor who does not fulfill certain
duties. The act modifies certain duties of a county treasurer and repeals a provision
authorizing the county legislative body to suspend a treasurer who is charged with official
misconduct. The act modifies county career service council provisions, allows for the
appointment of alternate members of the career service council, modifies the authority of the
career service council with respect to appeals of personnel matters, contains provisions
relating to district court review of a career service council decision, and allows the
appointment of administrative law judges to hear appeals referred by the career service
council. The act modifies provisions relating to the office of personnel management and
makes the position of director a merit position. The act modifies the procedure for adopting
an alternate form of county government, modifies the makeup of the appointment council,
eliminates some alternate forms of government, requires an optional plan to be prepared by
a study committee before being presented to voters, and replaces the county attorney for the
attorney general with respect to a review of the optional plan for compliance with applicable
law. The act authorizes the county executive and county legislative body to exercise limited
direction and supervision over other county elected officers and modifies executive functions
and powers. The act modifies the procedure for electing a county or district attorney under
certain circumstances. The act provides for boundary agreements to act as quitclaim deeds
under certain circumstances and eliminates a requirement for water right deeds to be
transmitted by the county recorder to the state engineer. The act imposes a one-year limit on
actions against a county legislative body or county executive for decisions they make. The act
also makes technical changes.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
10-9-804, as last amended by Chapter 209, Laws of Utah 2000
10-9-805, as last amended by Chapter 209, Laws of Utah 2000
10-9-811, as last amended by Chapter 209, Laws of Utah 2000
17-16-7, as last amended by Chapter 139, Laws of Utah 1997
17-19-3, as last amended by Chapter 133, Laws of Utah 2000
17-19-19, as last amended by Chapter 22, Laws of Utah 1975
17-20-1, as last amended by Chapter 153, Laws of Utah 1989
17-20-4, as last amended by Chapter 227, Laws of Utah 1993
17-21-1, as last amended by Chapter 85, Laws of Utah 1999
17-21-6, as last amended by Chapter 85, Laws of Utah 1999
17-21-13, as last amended by Chapter 85, Laws of Utah 1999
17-21-17, as last amended by Chapter 85, Laws of Utah 1999
17-21-19, as last amended by Chapter 85, Laws of Utah 1999
17-21-21, as last amended by Chapter 85, Laws of Utah 1999
17-21-22, as last amended by Chapter 85, Laws of Utah 1999
17-23-1, as last amended by Chapter 133, Laws of Utah 2000
17-23-2, as last amended by Chapter 227, Laws of Utah 1993
17-23-3, as last amended by Chapter 227, Laws of Utah 1993
17-23-5, as last amended by Chapter 227, Laws of Utah 1993
17-23-14, as last amended by Chapter 150, Laws of Utah 1995
17-23-15, as enacted by Chapter 29, Laws of Utah 1987
17-23-16, as enacted by Chapter 29, Laws of Utah 1987
17-23-17, as last amended by Chapter 150, Laws of Utah 1995
17-23-17.5, as enacted by Chapter 150, Laws of Utah 1995
17-23-18, as last amended by Chapter 93, Laws of Utah 1989
17-24-1, as last amended by Chapter 207, Laws of Utah 1999
17-24-4, as last amended by Chapter 133, Laws of Utah 2000
17-24-12, as last amended by Chapter 227, Laws of Utah 1993
17-27-103, as last amended by Chapters 34 and 209, Laws of Utah 2000
17-27-406, as enacted by Chapter 235, Laws of Utah 1991
17-27-702, as last amended by Chapter 179, Laws of Utah 1995
17-27-703, as last amended by Chapter 23, Laws of Utah 1992
17-27-704, as last amended by Chapter 179, Laws of Utah 1995
17-27-708, as last amended by Chapter 291, Laws of Utah 1999
17-27-804, as last amended by Chapter 209, Laws of Utah 2000
17-27-805, as last amended by Chapter 209, Laws of Utah 2000
17-27-806, as last amended by Chapter 209, Laws of Utah 2000
17-27-808, as last amended by Chapter 209, Laws of Utah 2000
17-27-809, as last amended by Chapter 69, Laws of Utah 1997
17-27-810, as last amended by Chapter 179, Laws of Utah 1995
17-27-811, as last amended by Chapter 209, Laws of Utah 2000
17-27-901, as enacted by Chapter 235, Laws of Utah 1991
17-27-1001, as last amended by Chapter 291, Laws of Utah 1999
17-33-1, as enacted by Chapter 81, Laws of Utah 1981
17-33-4, as last amended by Chapter 182, Laws of Utah 1999
17-33-5, as last amended by Chapter 182, Laws of Utah 1999
17-33-7, as last amended by Chapter 182, Laws of Utah 1999
17-33-8, as last amended by Chapter 146, Laws of Utah 1994
17-36-3, as last amended by Chapter 300, Laws of Utah 1999
17-50-402, as renumbered and amended by Chapter 133, Laws of Utah 2000
17-52-101, as renumbered and amended by Chapter 133, Laws of Utah 2000
17-52-102, as enacted by Chapter 133, Laws of Utah 2000
17-52-201, as renumbered and amended by Chapter 133, Laws of Utah 2000
17-52-202, as renumbered and amended by Chapter 133, Laws of Utah 2000
17-52-203, as renumbered and amended by Chapter 133, Laws of Utah 2000
17-52-204, as renumbered and amended by Chapter 133, Laws of Utah 2000
17-52-205, as renumbered and amended by Chapter 133, Laws of Utah 2000
17-52-206, as renumbered and amended by Chapter 133, Laws of Utah 2000
17-52-207, as enacted by Chapter 133, Laws of Utah 2000
17-52-301, as renumbered and amended by Chapter 133, Laws of Utah 2000
17-52-302, as renumbered and amended by Chapter 133, Laws of Utah 2000
17-52-303, as renumbered and amended by Chapter 133, Laws of Utah 2000
17-52-401, as renumbered and amended by Chapter 133, Laws of Utah 2000
17-52-402, as renumbered and amended by Chapter 133, Laws of Utah 2000
17-52-403, as renumbered and amended by Chapter 133, Laws of Utah 2000
17-53-201, as enacted by Chapter 133, Laws of Utah 2000
17-53-301, as enacted by Chapter 133, Laws of Utah 2000
17-53-302, as enacted by Chapter 133, Laws of Utah 2000
17-53-315, as renumbered and amended by Chapter 133, Laws of Utah 2000
20A-1-102, as last amended by Chapters 133 and 328, Laws of Utah 2000
20A-6-302, as last amended by Chapter 139, Laws of Utah 1997
21-2-3, as last amended by Chapter 79, Laws of Utah 1996
57-3-106, as last amended by Chapter 320, Laws of Utah 2000
59-2-502, as last amended by Chapter 235, Laws of Utah 1992
59-2-1366, as last amended by Chapter 3, Laws of Utah 1988
68-3-12, as last amended by Chapter 133, Laws of Utah 2000
73-1-10, as last amended by Chapter 36, Laws of Utah 2000
78-12-29, as last amended by Chapter 79, Laws of Utah 1996
ENACTS:
10-9-806.5, Utah Code Annotated 1953
17-27-806.5, Utah Code Annotated 1953
17-33-4.5, Utah Code Annotated 1953
17-52-203.5, Utah Code Annotated 1953
17-53-106, Utah Code Annotated 1953
17-53-316, Utah Code Annotated 1953
17-53-317, Utah Code Annotated 1953
57-1-45, Utah Code Annotated 1953
REPEALS:
17-5-213, as renumbered and amended by Chapter 147, Laws of Utah 1994
17-23-4, as last amended by Chapter 33, Laws of Utah 1961
17-24-17, as last amended by Chapter 146, Laws of Utah 1994
17-52-503, as renumbered and amended by Chapter 133, Laws of Utah 2000
17-52-506, as renumbered and amended by Chapter 133, Laws of Utah 2000
59-2-1367, as renumbered and amended by Chapter 4, Laws of Utah 1987
59-2-1368, as last amended by Chapter 227, Laws of Utah 1993
59-2-1369, as renumbered and amended by Chapter 4, Laws of Utah 1987
59-2-1370, as last amended by Chapter 3, Laws of Utah 1988
59-2-1371, as last amended by Chapter 227, Laws of Utah 1993
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 10-9-804 is amended to read:
10-9-804. Plats required.
(1) Unless exempt under Section 10-9-806 or not included in the definition of subdivision
under Subsection 10-9-103 (1), whenever any lands are laid out and platted, the owner of those lands
shall provide an accurate plat that describes or specifies:
(a) the boundaries, course, and dimensions of the parcels of ground;
(b) whether the parcels of ground are intended to be used as streets or for other public uses,
and whether any areas are reserved for public purposes;
(c) the lot or unit reference, the block or building reference, the street or site address, the
street name or coordinate address, the acreage or square footage for all parcels, units, or lots, and the
length and width of the blocks and lots intended for sale; and
(d) existing right-of-way and easement grants of record for underground facilities, as defined
in Section 54-8a-2 , and for other utility facilities.
(2) (a) The owner of the land shall acknowledge the plat before an officer authorized by law
to take the acknowledgement of conveyances of real estate.
(b) The surveyor making the plat shall certify it.
(c) The owner or operator of the underground and utility facilities shall approve the plat of
its property interest if it specifies:
(i) the boundary, course, dimensions, and intended use of the right-of-way and easement
grants of record;
(ii) the location of existing underground and utility facilities; and
(iii) any conditions or restrictions governing the location of the facilities within the
right-of-way, and easement grants of records, and utility facilities within the subdivision.
(d) The legislative body shall approve the plat as provided in this part. Before the legislative
body may approve a plat, the owner of the land shall provide the legislative body with a tax clearance
indicating that all taxes, interest, and penalties owing on the land have been paid.
(3) After the plat has been acknowledged, certified, and approved, the owner of the land
shall [
laid out are situated.
Section 2. Section 10-9-805 is amended to read:
10-9-805. Subdivision approval procedure.
(1) A person may not submit a plat of a subdivision to the county recorder's office for
recording unless a recommendation has been received from the planning commission and:
(a) the plat has been approved by:
(i) the legislative body of the municipality in which the subdivision is located; or
(ii) other officers that the municipal legislative body designates in an ordinance; and
(b) the [
of the legislative body or by the other officers designated in the ordinance.
(2) In municipalities under the council-mayor form of government, Section 10-3-1219.5
governs.
(3) A subdivision plat recorded without the approval required under this section is void.
Section 3. Section 10-9-806.5 is enacted to read:
10-9-806.5. Common area parcels on a plat -- No separate ownership -- Ownership
interest equally divided among other parcels on plat and included in description of other
parcels.
(1) A parcel designated as common area on a plat recorded in compliance with this part may
not be separately owned or conveyed independent of the other parcels created by the plat.
(2) The ownership interest in a parcel described in Subsection (1) shall:
(a) for purposes of assessment, be divided equally among all parcels created by the plat,
unless a different division of interest for assessment purposes is indicated on the plat or an
accompanying document; and
(b) be considered to be included in the description of each instrument describing a parcel on
the plat by its identifying plat number, even if the common area interest is not explicitly stated in the
instrument.
Section 4. Section 10-9-811 is amended to read:
10-9-811. Prohibited acts.
[
[
[
transfers or sells any land in that subdivision before a plat of the subdivision has been approved and
recorded violates this part for each lot or parcel transferred or sold.
(b) The description by metes and bounds in the instrument of transfer or other documents
used in the process of selling or transferring does not exempt the transaction from being a violation
of Subsection [
(c) Notwithstanding any other provision of this Subsection [
instrument of transfer or other document used in the process of selling or transferring real property
that violates this part:
(i) does not affect the validity of the instrument or other document; and
(ii) does not affect whether the property that is the subject of the instrument or other
document complies with applicable municipal ordinances on land use and development.
[
conform to the provisions of this part or an ordinance enacted under the authority of this part.
(b) An action under this Subsection [
of title, or any other appropriate action or proceeding to prevent, enjoin, or abate the violation.
(c) A municipality need only establish the violation to obtain the injunction.
Section 5. Section 17-16-7 is amended to read:
17-16-7. Deputies and employees -- Appointments -- County legislative body consent
power -- Liability of principal -- Deputy may serve despite vacancy in office of appointing
officer.
(1) [
except a county commissioner or county council member, may, with the consent of the county
legislative body, appoint deputies and [
duties of [
(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.
(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) [
shall provide the clerk with deputies and [
as considered necessary and advisable by the judge or judges of the district court, consistent with the
level of funding for clerk services from the court administrator's office.
(3) (a) Each officer appointing a deputy shall, for each deputy appointed, file a signed
writing with the county clerk that memorializes the appointment.
(b) The officer appointing the deputy is liable for all official acts of the deputy.
(c) If the office of the officer who appointed the deputy becomes vacant, the deputy may
continue to serve despite the vacancy.
Section 6. Section 17-19-3 is amended to read:
17-19-3. Payments -- Notification.
(1) (a) Subject to Subsection (1)(b), each [
county and legally examined and allowed and ordered paid by the county executive shall, if approved
by the county auditor as to the availability of funds as provided in Section 17-19-1 , be paid 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 such other payment mechanism as may be adopted pursuant to Chapter
36, Uniform Fiscal Procedures Act for Counties.
(b) No [
(i) the auditor:
[
17-20-1.7 (4); and
(B) makes a recommendation regarding payment as provided in Section 17-50-401 ; and
(ii) the county executive approves payment of the claim in accordance with the standards
and procedures of Section 17-50-401 .
(2) Each debt and demand against the county, when the amount is fixed by law and not
directed to be audited by some other person or tribunal, shall be paid by either:
(a) a warrant drawn by the auditor on the county treasurer; or
(b) a check or such other payment mechanism as may be adopted pursuant to Chapter 36,
Uniform Fiscal Procedures Act for Counties.
(3) (a) The auditor shall distinctly specify on each warrant the liability for which it is made
and when the liability accrued. The auditor shall also notify the treasurer of the date, amount, and
payee of and number assigned to each warrant issued and the aggregate amount of all
contemporaneous payments by warrant.
(b) The auditor shall notify the treasurer and the county executive of the amount and payee
of all payments to be made by check or other payment mechanism and, if the auditor issues the check
or other payment mechanism, the date of and number assigned to each check or other payment
mechanism and the aggregate amount of all such contemporaneous payments.
Section 7. Section 17-19-19 is amended to read:
17-19-19. Budget officer -- Departmental revenue and expenditure reports.
[
(1) (a) Subject to Subsection (1)(b), the budget officer of a county is:
(i) except as provided in Subsection (1)(a)(ii), the county auditor; or
(ii) in a county in which the functions of clerk and auditor are combined, the county clerk.
(b) Notwithstanding Subsection (1)(a), if a county has adopted an optional plan, as defined
in Section 17-52-101 , that provides for the county executive to be the county budget officer, the
county budget officer is the county executive.
(2) Each department for which county funds are appropriated shall file with the county
[
forms furnished by the county [
revenue and necessary expenditures of [
and statement shall set forth the number of persons to be regularly employed; the kinds of service
to be performed, the salaries and wages to be paid, the kind of work to be performed and the
improvements to be made together with the estimated cost of [
improvements. The statement shall also record performance data expressed in work units, unit costs,
man hours, and man years sufficient in detail, content, and scope to permit the county [
budget officer to prepare and process the county budget.
(3) In the preparation of the budget, the county [
officers are subject to Sections 17-36-1 to 17-36-44 and to the uniform system of budgeting,
accounting, and reporting established pursuant thereto.
Section 8. Section 17-20-1 is amended to read:
17-20-1. County clerk -- District court clerk duties.
The county clerk is the clerk of the [
clerk shall act as clerk of the district court in secondary counties of the state district court
administrative system and those counties not in the system, and shall perform the duties listed in
Section 78-3-30 .
Section 9. Section 17-20-4 is amended to read:
17-20-4. Duties of county clerk.
A county clerk shall:
(1) issue all marriage licenses and keep a register of marriages as provided by law;
(2) execute under [
conveyances of all real estate conveyed by the county [
(3) take and certify acknowledgments and administer oaths;
(4) keep a fee book as provided by law; and
(5) take charge of and safely keep the seal of the county [
records and perform [
Section 10. Section 17-21-1 is amended to read:
17-21-1. Recorder -- Document custody responsibility.
The recorder [
(1) is custodian of[
(2) shall establish policies and procedures that the recorder considers necessary to protect
recorded documents and records in the recorder's custody, including determining the appropriate
method for the public to obtain copies of the public record under Section 17-21-19 and supervision
of those who make copies of the public record.
Section 11. Section 17-21-6 is amended to read:
17-21-6. General duties of recorder -- Records and indexes.
(1) [
(a) keep an entry record, in which the recorder shall, upon acceptance of any instrument,
enter the instrument in the order of its reception, the names of the parties to the instrument, its date,
the hour, the day of the month and the year of recording, and a brief description, and endorse upon
each instrument a number corresponding with the number of the entry;
(b) keep a grantors' index, in which the recorder shall index deeds and final judgments or
decrees partitioning or affecting the title to or possession of real property, which shall show the entry
number of the instrument, the name of each grantor in alphabetical order, the name of the grantee,
the date of the instrument, the time of recording, the kind of instrument, the book and page, and a
brief description;
(c) keep a grantees' index, in which the recorder shall index deeds and final judgments or
decrees partitioning or affecting the title to or possession of real property, which shall show the entry
number of the instrument, the name of each grantee in alphabetical order, the name of the grantor,
the date of the instrument, the time of recording, the kind of instrument, the book and page, and a
brief description;
(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 the
entry number of the instrument, the name of each mortgagor, debtor, or person charged with the
encumbrance in alphabetical order, the name of the mortgagee, lien holder, creditor, or claimant, the
date of the instrument, the time of recording, the instrument, consideration, the book and page, and
a brief description;
(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 the
entry number of the instrument, the name of each mortgagee, lien holder, creditor, or claimant, in
alphabetical order, the name of the mortgagor or person charged with the encumbrance, the date of
the instrument, the time of recording, the kind of instrument, the consideration, the book and page,
and a brief description;
(f) keep a tract index, which shall show by description every instrument recorded, the date
and the kind of instrument, the time of recording, and the book and page and entry number;
(g) keep an index of recorded maps, plats, and subdivisions;
(h) keep an index of powers of attorney[
and time of recording,[
(i) keep a miscellaneous index, in which the recorder shall enter all instruments of a
miscellaneous character not otherwise provided for in this section, showing[
recording,[
[
(j) keep an index of judgments[
amount of judgment,[
(k) keep a general recording index in which the 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 recorder shall enter the names of the plaintiffs in the execution and the names
of the defendants in the execution.
(2) The recorder shall alphabetically arrange the indexes required by this section and keep
a reverse index.
(3) The tract index required by Subsection (1)(f) shall be kept so that it shows a true chain
of title to each tract or parcel, together with their encumbrances, according to the records of the
office.
(4) Nothing in this section prevents the recorder from using a single name index if that index
includes all of the indexes required by this section.
Section 12. Section 17-21-13 is amended to read:
17-21-13. Endorsement of book and page -- Return of instrument.
(1) (a) The recorder may also endorse upon each instrument, paper, or notice the book and
page reference.
(b) If the entry number is endorsed on each page of the instrument, the recorder may omit
the book and page reference[
(i) on the instrument; and
(ii) in all indexes required by statute.
(c) If the county recorder has elected to omit the book and page reference under Subsection
(1)(b), documents presented for recording in that county that are required to recite recording data
may omit the book and page reference.
(2) The recorder shall return the instrument to the appropriate party.
Section 13. Section 17-21-17 is amended to read:
17-21-17. Prohibited acts.
Upon acceptance of an instrument entitled to be recorded, the recorder may not:
[
[
chapter; or
[
Section 14. Section 17-21-19 is amended to read:
17-21-19. Records open to inspection -- Copies.
(1) All instruments of record and all indexes required by this chapter are open to public
inspection [
(2) [
obtain copies of the public record [
Section 15. Section 17-21-21 is amended to read:
17-21-21. Ownership plats -- Use of geographic information systems or computer
systems.
(1) The county recorder shall prepare and keep ownership plats drawn to a convenient scale,
which show the record owners of each tract of land in the county, together with the dimensions of
the tract.
(2) The county recorder may not be required to:
[
[
[
ownership plats if that information is available through computer systems or other indexes.
(3) Nothing in this chapter precludes the use of geographic information systems or computer
systems by the recorder if the systems include all of the information required by this section.
Section 16. Section 17-21-22 is amended to read:
17-21-22. Annual revision -- Reporting changes in ownership to county assessors -- Use
of geographic information systems or computer systems.
(1) The county recorder shall:
(a) each year, prepare copies of ownership plats and descriptions, showing record owners
at noon on January 1;
(b) on or before January 15 of each year, transmit the copies to the county assessor;
(c) report all changes in recorded ownership of real property made during the first seven
months of each calendar year to the county assessor not later than August 15 of that year;
(d) for the remainder of the calendar year, report the changes in the ownership of real
property that are recorded in the county recorder's office each month on or before the 15th day of the
month following the month in which the changes were recorded;
(e) transmit the changes of ownership on appropriate forms that show the current owner's
name and a full legal description of the property conveyed; and
(f) where only a part of the grantor's property is conveyed, transmit an additional form
showing a full legal description of the portion retained.
(2) Nothing in this chapter precludes the use of geographic information systems or computer
systems by the recorder if the systems include all of the information required by this section.
[
Section 17. Section 17-23-1 is amended to read:
17-23-1. 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 election and, except
as provided in Subsection (1)(b), the county surveyor shall be a [
land surveyor in the state.
(b) In a county where the office of county surveyor is consolidated with another elected
office, [
work [
(c) In a county where there is no elected county surveyor[
(i) the county executive or legislative body may, consistent with Section 17-53-313 , contract
with a [
(ii) all county survey work shall be done by a licensed land surveyor;
(iii) the county recorder shall assume and perform all statutory functions and duties of the
county surveyor related to the retention and maintenance of survey records;
(iv) the recorder's office shall act as the county surveyor's office only for the purpose of
accepting, retaining, and managing county survey records;
(v) the county shall furnish sufficient office space, furniture, stationery, and record books
necessary for the county recorder's office to fulfill its functions and duties under Subsection
(1)(a)(iv); and
(vi) for purposes of this chapter, "county surveyor" means:
(A) for purposes of the retention and management of county survey records, the county
recorder; and
(B) except as provided in Subsection (1)(a)(vi)(A), the licensed land surveyor under contract
with the county to perform county surveyor duties.
(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 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 at the county seat a fair and accurate
record of all surveys made, including legal descriptions and geographic coordinates, all surveys
received pursuant to Section 17-23-17 , and all corner files received pursuant to Section 17-23-17.5 ;
(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
[
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 17-53-313 .
(4) (a) The county surveyor or his 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 evidences 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 17-23-13 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 his successor when he vacates his 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 his staff to
perform engineering and architectural work if the county surveyor or his staff is qualified and
licensed to perform that work.
Section 18. Section 17-23-2 is amended to read:
17-23-2. Office furnishings and supplies -- Filing and indexing fees -- Records remain
county property.
(1) The county [
books necessary for the surveyor's office.
(2) The county legislative body, by ordinance or resolution, may establish the fee to be
collected by the county [
under Section 17-23-17 shall be governed by Section 17-23-19 .
(3) All records, maps, plats, profiles, calculations, and field notes of all surveys made by the
county surveyor in [
designated by [
under Section 17-23-17 , shall be the property of the county, open to the inspection of any person
[
Section 19. Section 17-23-3 is amended to read:
17-23-3. Seal.
The county surveyor shall have a seal, to be furnished by the county [
impression of which shall contain the following words: "State of Utah, County Surveyor," together
with the name of the county in which the same is to be used.
Section 20. Section 17-23-5 is amended to read:
17-23-5. Maps for county or county officers.
[
(a) trace, blueprint, or otherwise make all maps necessary for the county or any county
officer[
(b) file those maps and all data obtained by [
(2) Subsection (1) does not apply to an ownership plat that the county recorder is required
under Section 17-21-21 to prepare and keep.
Section 21. Section 17-23-14 is amended to read:
17-23-14. Disturbed corners -- County surveyor to be notified.
(1) Any person who finds it necessary to disturb any established corner in the improvement
of a road, or for any other cause, or finds a monument which needs rehabilitation, shall notify the
county surveyor.
(2) The county surveyor or [
(a) 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 [
or rehabilitation under Subsection (2)(a).
Section 22. Section 17-23-15 is amended to read:
17-23-15. Removal, destruction, or defacement of monuments or corners as
misdemeanor -- Costs.
(1) No person shall willfully or negligently remove, destroy, or deface any government
survey monument, corner, or witness corner [
(2) Any person who violates this section is guilty of a class C misdemeanor and is
additionally responsible for:
(a) the costs of any necessary legal action; and
(b) the costs of reestablishing the survey monument, corner, or witness corner.
Section 23. Section 17-23-16 is amended to read:
17-23-16. Resurveys.
In the resurvey of lands surveyed under the authority of the United States, the county
surveyor or his designee shall observe the following rules:
(1) Section and quarter-section corners, and all other corners established by the government
survey, shall stand as the true corner.
(2) Missing corners shall be reestablished at the point where existing evidence would
indicate the original corner was located by the government survey.
(3) In all cases, missing corners must be reestablished with reference to the [
States Manual of Surveying Instructions.
Section 24. Section 17-23-17 is amended to read:
17-23-17. Map of boundary survey -- Procedure for filing -- Contents -- Marking of
monuments -- Record of corner changes.
(1) (a) [
of lands within this state to establish or reestablish 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
[
(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 [
including township and range, or [
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 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 [
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 [
it shall be marked with the official title of the office.
(6) (a) If, in the performance of a survey, [
to the section corner or quarter-section corner, or their accessories [
surveyor shall complete and submit to the county surveyor or designated office a record of the
changes [
(b) The record shall be submitted within 45 days of the corner visits and shall include the
surveyor's seal, business name, and address.
(c) The Utah State Board of Engineers and Land Surveyors Examiners may revoke the
license of any [
requirements of this section, according to the procedures set forth in Title 58, Chapter 1, Division
of Occupational and Professional Licensing Act.
(7) [
corporation that makes a boundary survey of lands within this state shall comply with this section.
Section 25. Section 17-23-17.5 is amended to read:
17-23-17.5. Corner perpetuation and filing -- Definitions -- Establishment of corner
file -- Preservation of map records -- Filing fees -- Exemptions.
(1) As used in this section:
(a) "Accessory to a corner" means any exclusively identifiable physical object whose spatial
relationship to the corner is recorded. Accessories may be bearing trees, bearing objects,
monuments, reference monuments, line trees, pits, mounds, charcoal-filled bottles, steel or wooden
stakes, or other objects.
(b) "Corner," unless otherwise qualified, means a property corner, a property controlling
corner, a public land survey corner, or any combination of these.
(c) "Geographic coordinates" means mathematical values that designate a position on the
earth relative to a given reference system. Coordinates shall be established pursuant to Title 57,
Chapter 10, Utah Coordinate System.
(d) "Land surveyor" means a surveyor who is [
in this state in accordance with Title 58, Chapter 22, Professional Engineers and Land Surveyors
Licensing Act.
(e) "Monument" means an accessory that is presumed to occupy the exact position of a
corner.
(f) "Property controlling corner" means a public land survey corner or any property corner
which does not lie on a property line of the property in question, but which controls the location of
one or more of the property corners of the property in question.
(g) "Property corner" means a geographic point of known geographic coordinates on the
surface of the earth, and is on, a part of, and controls a property line.
(h) "Public land survey corner" means any corner actually established and monumented in
an original survey or resurvey used as a basis of legal descriptions for issuing a patent for the land
to a private person from the United States government.
(i) "Reference monument" means a special monument that does not occupy the same
geographical position as the corner itself, but whose spatial relationship to the corner is recorded and
which serves to witness the corner.
(2) (a) Any land surveyor making a boundary survey of lands within this state and utilizing
a corner shall, within 90 days, complete, sign, and file with the county surveyor of the county where
the corner is situated, a written record to be known as a corner file for every public land survey
corner and accessory to the corner which is used as control in any survey by the surveyor, unless the
corner and its accessories are already a matter of record in the county.
(b) Where reasonably possible, the corner file shall include the geographic coordinates of
the corner.
(c) A surveyor may file a corner record as to any property corner, reference monument, or
accessory to a corner.
(d) Corner records may be filed concerning corners used before the effective date of this
section.
(3) The county surveyor of the county containing the corners shall have on record as part of
the official files maps of each township within the county, the bearings and lengths of the connecting
lines to government corners, and government corners looked for and not found.
(4) The county surveyor shall make these records available for public inspection at the
county facilities during normal business hours.
(5) Filing fees for corner records shall be established by the [
legislative body consistent with existing fees for similar services. All corners, monuments, and their
accessories used prior to the effective date of this section shall be accepted and filed with the county
surveyor without requiring the payment of the fees.
(6) When a corner record of a public land survey corner is required to be filed under the
provisions of this section and the monument needs to be reconstructed or rehabilitated, the land
surveyor shall contact the county surveyor in accordance with Section 17-23-14 .
(7) A corner record may not be filed unless it is signed by a land surveyor.
(8) All filings relative to official cadastral surveys of the Bureau of Land Management of
the United States of America performed by authorized personnel shall be exempt from filing fees.
Section 26. Section 17-23-18 is amended to read:
17-23-18. Amendment of survey maps or narratives by affidavit of corrections.
(1) Any survey map or narrative filed and recorded under the provisions of this chapter may
be amended by an affidavit of corrections:
(a) to show any courses or distances omitted from the map or narrative;
(b) to correct an error in the description of the real property shown on the map or narrative;
or
(c) to correct any other errors or omissions where the error or omission is ascertainable from
the data shown on the map or narrative as recorded.
(2) (a) The affidavit of correction shall be prepared by the [
land surveyor who filed the map or narrative.
(b) In the event of the death, disability, or retirement from practice of the surveyor who filed
the map or narrative, the county surveyor or designated office may prepare the affidavit of correction.
(c) The affidavit shall set forth in detail the corrections made.
(d) The seal and signature of the [
affidavit of correction shall be affixed to the affidavit.
(3) The county surveyor or designated office having jurisdiction of the map or narrative shall
certify that the affidavit of correction has been examined and that the changes shown on the map or
narrative are changes permitted under this section.
(4) Nothing in this section permits changes in courses or distances for the purpose of
redesigning parcel configurations.
Section 27. Section 17-24-1 is amended to read:
17-24-1. General duties of treasurer.
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, [
Title 11, Chapter 14, Utah Municipal Bond Act;
(2) deposit and invest all money received under Title 51, Chapter 7, State Money
Management Act;
[
[
(a) on a county warrant issued by the county auditor; or
(b) subject to Sections 17-19-1 , 17-19-3 , and 17-19-5 , by a county check or such other
payment mechanism as may be adopted pursuant to Chapter 36, Uniform Fiscal Procedures Act for
Counties;
(5) perform the duties assigned to the treasurer under Title 59, Chapter 2, Part 13, Collection
of Taxes;
[
been reassigned to the treasurer in an ordinance adopted under Section 17-16-5.5 ; and
[
Section 28. Section 17-24-4 is amended to read:
17-24-4. Payment of warrants, checks, or other instruments.
(1) When a warrant is presented for payment and there is money in the treasury [
(2) Upon receiving the notice from the county auditor under Subsection 17-19-3 (3)(b) 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.
(3) 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
Subsection 17-20-1.7 (4).
Section 29. Section 17-24-12 is amended to read:
17-24-12. Reports to county executive or legislative body.
Each county treasurer [
county executive or by the legislative body at any of their regular or special [
meetings of all money received by [
proceedings in [
disbursements shall clearly and distinctly appear.
Section 30. Section 17-27-103 is amended to read:
17-27-103. Definitions -- Notice.
(1) As used in this chapter:
(a) "Billboard" means a freestanding ground sign located on industrial, commercial, or
residential property if the sign is designed or intended to direct attention to a business, product, or
service that is not sold, offered, or existing on the property where the sign is located.
(b) "Chief executive officer" means the [
of the county.
(c) "Conditional use" means a land use that, because of its unique characteristics or potential
impact on the county, surrounding neighbors, or adjacent land uses, may not be compatible in some
areas or may be compatible only if certain conditions are required that mitigate or eliminate the
detrimental impacts.
(d) "Constitutional taking" has the meaning as defined in Section 63-34-13 .
(e) "County" means the unincorporated area of the county.
(f) "Elderly person" means a person who is 60 years old or older, who desires or needs to live
with other elderly persons in a group setting, but who is capable of living independently.
(g) "Gas corporation" has the same meaning as defined in Section 54-2-1 .
(h) (i) "General plan" means a document that a county adopts that sets forth general
guidelines for proposed future development of the land within the county, as set forth in Sections
17-27-301 and 17-27-302 .
(ii) "General plan" includes what is also commonly referred to as a "master plan."
(i) "Interstate pipeline company" means a person or entity engaged in natural gas
transportation subject to the jurisdiction of the Federal Energy Regulatory Commission under the
Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
(j) "Intrastate pipeline company" means a person or entity engaged in natural gas
transportation that is not subject to the jurisdiction of the Federal Energy Regulatory Commission
under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
(k) "Legislative body" means the county legislative body, or for a county that has adopted
an alternative form of government, the body exercising legislative powers.
(l) "Lot line adjustment" means the relocation of the property boundary line between two
adjoining lots with the consent of the owners of record.
(m) "Municipality" means a city or town.
(n) "Nonconforming structure" means a structure that:
(i) legally existed before its current zoning designation; and
(ii) because of subsequent zoning changes, does not conform with the zoning regulation's
setback, height restrictions, or other regulations that govern the structure.
(o) "Nonconforming use" means a use of land that:
(i) legally existed before its current zoning designation;
(ii) has been maintained continuously since the time the zoning regulation governing the land
changed; and
(iii) because of subsequent zoning changes, does not conform with the zoning regulations
that now govern the land.
(p) "Official map" has the same meaning as provided in Section 72-5-401 .
(q) "Person" means an individual, corporation, partnership, organization, association, trust,
governmental agency, or any other legal entity.
(r) "Plat" means a map or other graphical representation of lands being laid out and prepared
in accordance with Section 17-27-804 .
(s) "Record of survey map" means a map of a survey of land prepared in accordance with
Section 17-23-17 .
(t) (i) "Residential facility for elderly persons" means a single-family or multiple-family
dwelling unit that meets the requirements of Part 5 and any ordinance adopted under authority of that
part.
(ii) "Residential facility for elderly persons" does not include a health care facility as defined
by Section 26-21-2 .
(u) "Special district" means all entities established under the authority of Title 17A, Special
Districts, and any other governmental or quasi-governmental entity that is not a county, municipality,
school district, or unit of the state.
(v) "Street" means public rights-of-way, including highways, avenues, boulevards, parkways,
roads, lanes, walks, alleys, viaducts, subways, tunnels, bridges, public easements, and other ways.
(w) (i) "Subdivision" means any land that is divided, resubdivided or proposed to be divided
into two or more lots, parcels, sites, units, plots, or other division of land for the purpose, whether
immediate or future, for offer, sale, lease, or development either on the installment plan or upon any
and all other plans, terms, and conditions.
(ii) "Subdivision" includes the division or development of land whether by deed, metes and
bounds description, devise and testacy, lease, map, plat, or other recorded instrument.
(iii) "Subdivision" does not include:
(A) a bona fide division or partition of agricultural land for agricultural purposes;
(B) a recorded agreement between owners of adjoining properties adjusting their mutual
boundary if:
(I) no new lot is created; and
(II) the adjustment does not result in a violation of applicable zoning ordinances;
(C) a recorded document, executed by the owner of record, revising the legal description of
more than one contiguous parcel of property into one legal description encompassing all such parcels
of property; or
(D) a bona fide division or partition of land in a county other than a first class county for the
purpose of siting, on one or more of the resulting separate parcels, an unmanned facility appurtenant
to a pipeline owned or operated by a gas corporation, interstate pipeline company, or intrastate
pipeline company.
(iv) The joining of a subdivided parcel of property to another parcel of property that has not
been subdivided does not constitute a "subdivision" under this Subsection (1) (w) as to the
unsubdivided parcel of property or subject the unsubdivided parcel to the county's subdivision
ordinance.
(x) "Unincorporated" means the area outside of the incorporated boundaries of cities and
towns.
(2) (a) A county meets the requirements of reasonable notice required by this chapter if it:
(i) posts notice of the hearing or meeting in at least three public places within the jurisdiction
and publishes notice of the hearing or meeting in a newspaper of general circulation in the
jurisdiction, if one is available; or
(ii) gives actual notice of the hearing or meeting.
(b) A county legislative body may enact an ordinance establishing stricter notice
requirements than those required by this Subsection (2).
(c) (i) Proof that one of the two forms of notice authorized by this subsection was given is
prima facie evidence that notice was properly given.
(ii) If notice given under authority of this section is not challenged as provided in Section
17-27-1001 within 30 days from the date of the meeting for which the notice was given, the notice
is considered adequate and proper.
Section 31. Section 17-27-406 is amended to read:
17-27-406. Conditional uses -- Appeals.
(1) A zoning ordinance may contain provisions for administrative decisions relating to
conditional uses that may be allowed, allowed with conditions, or denied in designated zoning
districts, based on compliance with standards and criteria set forth in the zoning ordinance for those
uses.
(2) Appeals of the approval or denial of a conditional use permit shall be decided by the
board of adjustment, unless the county legislative body by ordinance designates itself or another
body to decide those appeals.
Section 32. Section 17-27-702 is amended to read:
17-27-702. Organization -- Procedures.
(1) The board of adjustment shall:
(a) organize and elect a chairperson; and
(b) adopt rules that comply with any ordinance adopted by the legislative body.
(2) The board of adjustment shall meet at the call of the chairperson and at any other times
that the board of adjustment determines.
(3) The chairperson, or in the absence of the chairperson, the acting chairperson, may
administer oaths and compel the attendance of witnesses.
(4) (a) All meetings of the board of adjustment shall comply with the requirements of Title
52, Chapter 4, Open and Public Meetings.
(b) The board of adjustment shall:
(i) keep minutes of its proceedings, showing the vote of each member upon each question,
or if absent or failing to vote, indicating that fact; and
(ii) keep records of its examinations and other official actions.
(c) The board of adjustment may, but is not required to, have its proceedings
contemporaneously transcribed by a court reporter or a tape recorder.
(d) The board of adjustment shall file its records in the office of the board of adjustment.
(e) All records in the office of the board of adjustment are public records.
(5) The [
adjustment present at a meeting at which a quorum is present is necessary to reverse any order,
requirement, decision, or determination of any administrative official or agency or to decide in favor
of the appellant.
(6) Decisions of the board of adjustment become effective at the meeting in which the
decision is made, unless a different time is designated in the board's rules or at the time the decision
is made.
(7) The legislative body may fix per diem compensation for the members of the board of
adjustment, based on necessary and reasonable expenses and on meetings actually attended.
Section 33. Section 17-27-703 is amended to read:
17-27-703. Powers and duties.
(1) The board of adjustment shall hear and decide:
(a) appeals from [
ordinance[
(i) building permit denials based upon a failure to comply with a zoning or subdivision
ordinance; and
(ii) administrative decisions related to subdivision plats;
(b) special exceptions to the terms of the zoning ordinance; [
(c) variances from the terms of the zoning ordinance[
(d) appeals from a decision approving or denying a conditional use permit, unless the county
legislative body has by ordinance designated itself or another body to hear and decide those appeals.
(2) The board of adjustments may make determinations regarding the existence, expansion,
or modification of nonconforming uses if that authority is delegated to them by the legislative body.
(3) If authorized by the legislative body, the board of adjustment may interpret the zoning
maps and pass upon disputed questions of lot lines, district boundary lines, or similar questions as
they arise in the administration of the zoning regulations.
Section 34. Section 17-27-704 is amended to read:
17-27-704. Appeals.
(1) (a) [
administrative decision [
may appeal that decision [
requirement, decision, or determination made by an official [
[
appeal to the board of adjustment of administrative decisions [
[
(2) The person or entity making the appeal has the burden of proving that an error has been
made.
(3) (a) Only decisions applying [
the board of adjustment.
(b) A person may not appeal, and the board of adjustment may not consider, any zoning or
subdivision ordinance amendments.
(4) Appeals may not be used to waive or modify the terms or requirements of the zoning or
subdivision ordinance.
Section 35. Section 17-27-708 is amended to read:
17-27-708. District court review of board of adjustment decision.
(1) Any person adversely affected by any decision of a board of adjustment may petition the
district court for a review of the decision.
(2) (a) [
to a determination of whether the board of adjustment's decision [
illegal.
(b) A determination of illegality requires a determination that the board of adjustment's
decision violates a statute, ordinance, or existing law.
(3) (a) The petition is barred unless it is filed within 30 days after the board of adjustment's
decision is final.
(b) (i) The time under Subsection (3)(a) to file a petition is tolled from the date a property
owner files a request for arbitration of a constitutional taking issue with the private property
ombudsman under Section 63-34-13 until 30 days after:
(A) the arbitrator issues a final award; or
(B) the private property ombudsman issues a written statement under Subsection
63-34-13 (4)(b) declining to arbitrate or to appoint an arbitrator.
(ii) A tolling under Subsection (3)(b)(i) operates only as to the specific constitutional taking
issues that are the subject of the request for arbitration filed with the private property ombudsman
by a property owner.
(iii) A request for arbitration filed with the private property ombudsman after the time under
Subsection (3)(a) to file a petition has expired does not affect the time to file a petition.
(4) (a) The board of adjustment shall transmit to the reviewing court the record of its
proceedings including its minutes, findings, orders and, if available, a true and correct transcript of
its proceedings.
(b) If the proceeding was tape recorded, a transcript of that tape recording is a true and
correct transcript for purposes of this Subsection (4).
(5) (a) (i) If there is a record, the district court's review is limited to the record provided by
the board of adjustment.
(ii) The court may not accept or consider any evidence outside the board of adjustment's
record unless that evidence was offered to the board of adjustment and the court determines that it
was improperly excluded by the board of adjustment.
(b) If there is no record, the court may call witnesses and take evidence.
(6) The court shall affirm the decision of the board of adjustment if the decision is supported
by substantial evidence in the record.
(7) (a) The filing of a petition does not stay the decision of the board of adjustment.
(b) (i) Before filing a petition under this section or a request for mediation or arbitration of
a constitutional taking issue under Section 63-34-13 , the aggrieved party may petition the board of
adjustment to stay its decision.
(ii) Upon receipt of a petition to stay, the board of adjustment may order its decision stayed
pending district court review if the board of adjustment finds it to be in the best interest of the
county.
(iii) After a petition is filed under this section or a request for mediation or arbitration of a
constitutional taking issue is filed under Section 63-34-13 , the petitioner may seek an injunction
staying the board of adjustment's decision.
Section 36. Section 17-27-804 is amended to read:
17-27-804. Plats required.
(1) Unless exempt under Section 17-27-806 or not included in the definition of a subdivision
under Subsection 17-27-103 (1), whenever any lands are divided, the owner of those lands shall have
an accurate plat made of them that sets forth and describes:
(a) all the parcels of ground divided, by their boundaries, course, and extent, and whether
they are intended for streets or other public uses, together with any areas that are reserved for public
purposes; and
(b) the lot or unit reference, the block or building reference, the street or site address, the
street name or coordinate address, the acreage or square footage for all parcels, units, or lots, and the
length and width of the blocks and lots intended for sale.
(2) (a) The owner of the land shall acknowledge the plat before an officer authorized by law
to take the acknowledgement of conveyances of real estate.
(b) The surveyor making the plat shall certify it.
(c) The county [
Before the [
provide the [
and penalties owing on the land have been paid.
(3) After the plat has been acknowledged, certified, and approved, the owner of the land
shall [
[
Section 37. Section 17-27-805 is amended to read:
17-27-805. Subdivision approval procedure.
(1) A person may not submit a plat of a subdivision to the county recorder's office for
recording unless a recommendation has been received from the planning commission and:
[
[
subdivision is located; or
[
[
executive [
ordinance.
(2) A subdivision plat recorded without the approval required under this section is void.
Section 38. Section 17-27-806 is amended to read:
17-27-806. Exemptions from plat requirement.
(1) (a) Notwithstanding Sections 17-27-804 and 17-27-805 , a person may submit to the
county recorder's office for recording a document that subdivides property by metes and bounds into
less than ten lots, without the necessity of recording a plat, if:
(i) the planning commission, if required by county ordinance, has given the county
[
(ii) the document contains a certificate or written approval from:
(A) the [
is located; or
(B) other officers that the county legislative body designates in an ordinance.
(b) By indicating its approval on a document under Subsection (1)(a), the county [
(i) the planning commission:
(A) has given its recommendation to the county [
(B) is not required by county ordinance to give its recommendation;
(ii) the subdivision is not traversed by the mapped lines of a proposed street as shown in the
general plan and does not require the dedication of any land for street or other public purposes; and
(iii) if the subdivision is located in a zoned area, each lot in the subdivision meets the
frontage, width, and area requirements of the zoning ordinance or has been granted a variance from
those requirements by the board of adjustment.
(2) (a) Subject to Subsection (2)(b), a lot or parcel resulting from a division of agricultural
land is exempt from the plat requirements of Section 17-27-804 if the lot or parcel:
(i) qualifies as land in agricultural use under Title 59, Chapter 2, Part 5, Farmland
Assessment Act;
(ii) meets the minimum size requirement of applicable zoning ordinances; and
(iii) is not used and will not be used for any nonagricultural purpose.
(b) The boundaries of each lot or parcel exempted under Subsection (2)(a) shall be
graphically illustrated on a record of survey map that, after receiving the same approvals as are
required for a plat under Section 17-27-805 , shall be recorded with the county recorder.
(c) If a lot or parcel exempted under Subsection (2)(a) is used for a nonagricultural purpose,
the county in whose unincorporated area the lot or parcel is located may require the lot or parcel to
comply with the requirements of Section 17-27-804 .
(3) (a) A person may not submit to the county recorder's office for recording a document that
subdivides property by metes and bounds unless it contains the certificate or written approval
required by this section.
(b) The recording of a document that subdivides property by metes and bounds and does not
contain the certificate or written approval required by this section:
(i) does not affect the validity of the document; and
(ii) does not affect whether the subdivided property complies with applicable county
ordinances on land use and development.
Section 39. Section 17-27-806.5 is enacted to read:
17-27-806.5. Common area parcels on a plat -- No separate ownership -- Ownership
interest equally divided among other parcels on a plat and included in description of other
parcels.
(1) A parcel designated as common area on a plat recorded in compliance with this part may
not be separately owned or conveyed independent of the other parcels created by the plat.
(2) The ownership interest in a parcel described in Subsection (1) shall:
(a) for purposes of assessment, be divided equally among all parcels created by the plat,
unless a different division of interest for assessment purposes is indicated on the plat or an
accompanying document; and
(b) be considered to be included in the description of each instrument describing a parcel on
the plat by its identifying plat number, even if the common area interest is not explicitly stated in the
instrument.
Section 40. Section 17-27-808 is amended to read:
17-27-808. Vacating or changing a subdivision plat.
(1) (a) Subject to Subsection (2), the county [
that the county legislative body designates by ordinance may, with or without a petition, consider
any proposed vacation, alteration, or amendment of a subdivision plat, any portion of a subdivision
plat, or any street, lot, or alley contained in a subdivision plat at a public hearing.
(b) If a petition is filed, the responsible [
45 days after receipt of the planning commission's recommendation under Subsection (2) if:
(i) the plat change includes the vacation of a public street or alley;
(ii) any owner within the plat notifies the municipality of their objection in writing within
ten days of mailed notification; or
(iii) a public hearing is required because all of the owners in the subdivision have not signed
the revised plat.
(2) (a) Before the county legislative body or officer designated by the county legislative body
may consider a proposed vacation, alteration, or amendment under Subsection (1)(a) or (6), the
county legislative body or officer shall refer the proposal to the planning commission for its
recommendation.
(b) The planning commission shall give its recommendation within 30 days after the
proposed vacation, alteration, or amendment is referred to it.
(3) Any fee owner, as shown on the last county assessment rolls, of land within the
subdivision that has been laid out and platted as provided in this part may, in writing, petition the
[
in it, vacated, altered, or amended as provided in this section.
(4) Each petition to vacate, alter, or amend an entire plat, a portion of a plat, or a street or
lot contained in a plat shall include:
(a) the name and address of all owners of record of the land contained in the entire plat;
(b) the name and address of all owners of record of land adjacent to any street that is
proposed to be vacated, altered, or amended; and
(c) the signature of each of these owners who consents to the petition.
(5) (a) A petition that lacks the consent of all owners referred to in Subsection (4) may not
be scheduled for consideration at a public hearing before the responsible [
notice required by this part is given.
(b) The petitioner shall pay the cost of the notice.
(6) Subject to Subsection (2), if the responsible body or officer proposes to vacate, alter, or
amend a subdivision plat, or any street or lot contained in a subdivision plat, they shall consider the
issue at a public hearing after giving the notice required by this part.
(7) Petitions to adjust lot lines between adjacent properties may be executed upon the
recordation of an appropriate deed if:
(a) no new dwelling lot or housing unit results from the lot line adjustment;
(b) the adjoining property owners consent to the lot line adjustment;
(c) the lot line adjustment does not result in remnant land that did not previously exist; and
(d) the adjustment does not result in violation of applicable zoning requirements.
(8) (a) The name of a recorded subdivision may be changed by recording an amended plat
making that change, as provided in this section.
(b) Except as provided in Subsection (8)(a), the recording of a declaration or other document
that purports to change the name of a recorded plat is void.
Section 41. Section 17-27-809 is amended to read:
17-27-809. Notice of hearing for plat change.
(1) (a) The responsible [
mailing the notice to each owner of property located within 300 feet of the property that is the
subject of the proposed plat change, addressed to the owner's mailing address appearing on the rolls
of the county assessor of the county in which the land is located.
(b) The responsible [
(i) a statement that anyone objecting to the proposed plat change must file a written objection
to the change within ten days of the date of the notice;
(ii) a statement that if no written objections are received by the [
executive within the time limit, no public hearing will be held; and
(iii) the date, place, and time when a hearing will be held, if one is required, to consider a
vacation, alteration, or amendment without a petition when written objections are received or to
consider any petition that does not include the consent of all land owners as required by Section
17-27-808 .
(2) If the proposed change involves the vacation, alteration, or amendment of a street, the
responsible [
(a) mailing notice as required in Subsection (1); and
(b) (i) publishing the notice once a week for four consecutive weeks before the hearing in
a newspaper of general circulation in the county in which the land subject to the petition is located;
or
(ii) if there is no newspaper of general circulation in the county, posting the notice for four
consecutive weeks before the hearing in three public places in that county.
Section 42. Section 17-27-810 is amended to read:
17-27-810. Grounds for vacating or changing a plat.
(1) (a) Within 30 days after the public hearing required by this part, the responsible [
(b) If the responsible [
will not be materially injured by the proposed vacation, alteration, or amendment, and that there is
good cause for the vacation, alteration, or amendment, the [
executive may vacate, alter, or amend the plat, any portion of the plat, or any street or lot.
(c) The responsible [
by [
approval by the responsible [
(d) The responsible [
is recorded in the office of the county recorder in which the land is located.
(2) An aggrieved party may appeal the responsible [
Section 43. Section 17-27-811 is amended to read:
17-27-811. Owner may not sell land before plat recorded -- Improper recording does
not affect validity of document or compliance with ordinances -- Action by county.
[
[
[
transfers or sells any land in that subdivision before a plat of the subdivision has been approved and
recorded as required in this part violates this part for each lot or parcel transferred or sold.
(b) The description by metes and bounds in the instrument of transfer or other documents
used in the process of selling or transferring does not exempt the transaction from a violation of
Subsection (2)(a) or from the penalties or remedies provided in this chapter.
(c) Notwithstanding any other provision of this Subsection [
instrument of transfer or other document used in the process of selling or transferring real property
that violates this part:
(i) does not affect the validity of the instrument or other document; and
(ii) does not affect whether the property that is the subject of the instrument or other
document complies with applicable municipal ordinances on land use and development.
[
conform to the provisions of this part or an ordinance enacted under the authority of this part.
(b) An action under this Subsection [
of title, or any other appropriate action or proceedings to prevent, enjoin, or abate the violation.
(c) A county need only establish the violation to obtain the injunction.
Section 44. Section 17-27-901 is amended to read:
17-27-901. Restrictions for solar and other energy devices.
(1) The legislative body, in order to protect and ensure access to sunlight for solar energy
devices, may adopt regulations governing legislative subdivision development plans that relate to
the use of restrictive covenants or solar easements, height restrictions, side yard and setback
requirements, street and building orientation and width requirements, height and location of
vegetation with respect to property boundary lines, and other permissible forms of land use controls.
(2) The [
subdivision plan, or dedication of any street or other ground, if the deed restrictions, covenants, or
similar binding agreements running with the land for the lots or parcels covered by the plat or
subdivision prohibit or have the effect of prohibiting reasonably sited and designed solar collectors,
clotheslines, or other energy devices based on renewable resources from being installed on buildings
erected on lots or parcels covered by the plat or subdivision.
Section 45. Section 17-27-1001 is amended to read:
17-27-1001. Appeals.
(1) No person may challenge in district court a county's land use decisions made under this
chapter or under the regulation made under authority of this chapter until that person has exhausted
all administrative remedies.
(2) (a) Any person adversely affected by any decision made in the exercise of the provisions
of this chapter may file a petition for review of the decision with the district court within 30 days
after the local decision is rendered.
(b) (i) The time under Subsection (2)(a) to file a petition is tolled from the date a property
owner files a request for arbitration of a constitutional taking issue with the private property
ombudsman under Section 63-34-13 until 30 days after:
(A) the arbitrator issues a final award; or
(B) the private property ombudsman issues a written statement under Subsection
63-34-13 (4)(b) declining to arbitrate or to appoint an arbitrator.
(ii) A tolling under Subsection (2)(b)(i) operates only as to the specific constitutional taking
issues that are the subject of the request for arbitration filed with the private property ombudsman
by a property owner.
(iii) A request for arbitration filed with the private property ombudsman after the time under
Subsection (2)(a) to file a petition has expired does not affect the time to file a petition.
(3) (a) The courts shall:
[
[
(b) A determination of illegality requires a determination that the decision violates a statute,
ordinance, or existing law.
Section 46. Section 17-33-1 is amended to read:
17-33-1. Title -- Establishment of merit system -- Separate systems for peace officers
and firemen recognized -- Options of small counties.
(1) This chapter shall be known and may be cited as the "County Personnel Management
Act."
(2) A merit system of personnel administration for the counties of the state of Utah, their
departments, offices, and agencies, except as otherwise specifically provided, is established.
(3) This chapter recognizes the existence of the merit systems for peace officers of the
several counties as provided for in [
firemen of the several counties as provided for in [
Commission, and is intended to give county commissions the option of using the provisions of this
chapter as a single merit system for all county employees or in combination with these existing
systems for firemen and peace officers.
(4) This chapter [
part-time, and seasonal employees and elected officials not covered by other merit systems.
Section 47. Section 17-33-4 is amended to read:
17-33-4. Career service council -- Members and alternate members -- Powers and
duties -- Appeals -- Time limit -- Qualifications, appointment, terms, and compensation of
council members.
(1) (a) (i) There shall be in each county establishing a system a three-member bipartisan
career service council appointed by the county [
council shall be persons in sympathy with the application of merit principles to public employment.
(ii) (A) The county executive may appoint alternate members of the career service council
to hear appeals that one or more regular career service council members are unable to hear.
(B) The term of an alternate member of the career service council may not exceed one year.
(b) The council shall hear appeals not resolved at lower levels in the cases of career service
employees suspended, transferred, demoted, or dismissed as well in the cases of other grievances not
resolved by the grievance procedure at the division or departmental level.
(c) The career service council:
(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 review written appeals in cases of applicants rejected for examination and report
final binding appeals decisions, in writing, to the county legislative body; [
(iii) may not hear any other personnel matter[
(iv) may affirm, modify, vacate, or set aside an order for disciplinary action.
[
(d) (i) A person adversely affected by a decision of the career service council may appeal the
decision to the district court [
(ii) An appeal to the district court under this Subsection (1)(d) is barred unless it is filed
within 30 days after the career service council issues its decision.
(iii) If there is a record of the career service council proceedings, the district court review
shall be limited to the record provided by the career service council.
(iv) In reviewing a decision of the career service council, the district court shall presume that
the decision is valid and may determine only whether the decision is arbitrary or capricious.
(2) Each council member shall serve a term of three years to expire on June 30, three years
after the date of his or her appointment, except that original appointees shall be chosen as follows:
one member for a term expiring June 30, 1982; one member for a term expiring June 30, 1983; and
one member for a term expiring June 30, 1984. Successors of original council members shall be
chosen for three-year terms. An appointment to fill a vacancy on the council shall be for only the
unexpired term of the appointee's successor. Each member of the board shall hold office until his
successor is appointed and confirmed. A member of the council may be removed by the [
and an opportunity to be heard publicly on the charges before the county legislative body. Adequate
annual appropriations shall be made available to enable the council effectively to carry out its duties
under this law.
(3) Members and alternates of the council shall be United States citizens and be actual and
bona fide residents of the state of Utah and the county from which appointed for a period of not less
than one year preceding the date of appointment and a member may not hold another government
office or be employed by the county.
(4) The council shall elect one of its members as chairperson, and two or more members of
the council shall constitute a quorum necessary for carrying on the business and activity of the
council.
(5) The council shall have subpoena power to compel attendance of witnesses, and to
authorize witness fees where it deems appropriate, to be paid at the same rate as in justice courts.
(6) (a) (i) Council members shall receive compensation for each day or partial day they are
in session at a per diem rate determined by the county legislative body.
(ii) An alternate member shall receive compensation for each day or partial day that the
alternate member is required to replace a regular council member, at a per diem rate determined by
the county legislative body.
(b) The county legislative body may periodically adjust the compensation rate for inflation.
Section 48. Section 17-33-4.5 is enacted to read:
17-33-4.5. Council may refer an appeal to an administrative law judge for a
recommendation -- Council action on recommendation.
(1) (a) A county legislative body may appoint one or more administrative law judges to hear
appeals referred by a career service council under this section.
(b) Each administrative law judge shall be trained and experienced in personnel matters.
(2) (a) If a career service council determines that it is in the county's best interest, it may
initially refer an appeal to an administrative law judge who has been appointed under Subsection (1).
(b) After holding a hearing, the administrative law judge shall make findings of fact and a
recommendation to the career service council.
(c) After receiving the administrative law judge's recommendation, a career service council
may request the administrative law judge to hold a further factual hearing before the career service
council's decision.
(d) A career service council may adopt or reject an administrative law judge's
recommendation, whether before or after a further hearing under Subsection (2)(c).
Section 49. Section 17-33-5 is amended to read:
17-33-5. Office of personnel management -- Director -- Appointment and
responsibilities -- Personnel rules.
(1) (a) Each county [
(i) create an office of personnel management, administered by a director of personnel
management; and
(ii) ensure that the director is a person with proven experience in personnel management.
[
[
[
(b) The position of director of personnel management shall be:
(i) a merit position; and
(ii) filled as provided in Subsection (1)(c).
(c) The career service council shall:
(i) advertise and recruit for the director position in the same manner as for merit positions;
(ii) select three names from a register; and
(iii) submit those names as recommendations to the county legislative body.
(d) The county legislative body shall select a person to serve as director of the office of
personnel management from the names submitted to it by the career service council.
(2) The director of personnel management shall:
(a) encourage and exercise leadership in the development of expertise in personnel
administration within the several departments, offices, and agencies in the county service and make
available the facilities of the office of personnel management to this end;
(b) advise the county legislative and executive bodies on the use of human resources;
(c) develop and implement programs for the improvement of employee effectiveness, such
as training, safety, health, counseling, and welfare;
(d) investigate periodically the operation and effect of this law and of the policies made
under it and report findings and recommendations to the county legislative body;
(e) establish and maintain records of all employees in the county service, setting forth as to
each employee class, title, pay or status, and other relevant data;
(f) make an annual report to the county legislative body and county executive regarding the
work of the department; and
(g) apply and carry out this law and the policies under it and perform any other lawful acts
that are necessary to carry out the provisions of this law.
(3) (a) (i) The director shall [
(ii) The county legislative body may approve, amend, or reject those rules before they are
[
(b) The rules shall provide for:
(i) recruiting efforts to be planned and carried out in a manner that assures open competition,
with special emphasis to be placed on recruiting efforts to attract minorities, women, handicapped,
or other groups that are substantially underrepresented in the county work force to help assure they
will be among the candidates from whom appointments are made;
(ii) the establishment of job related minimum requirements wherever practical, which all
successful candidates shall be required to meet in order to be eligible for consideration for
appointment or promotion;
(iii) selection procedures that include consideration of the relative merit of each applicant
for employment, a job related method of determining the eligibility or ineligibility of each applicant,
and a valid, reliable, and objective system of ranking [
qualifications and merit;
(iv) certification procedures that insure equitable consideration of an appropriate number of
the most qualified [
(v) appointments to positions in the career service by selection from the most qualified
[
(3)(b)(iii) and (iv);
(vi) noncompetitive appointments in the occasional instance where there is evidence that
open or limited competition is not practical, such as for unskilled positions for which there are no
minimum job requirements;
(vii) limitation of competitions at the discretion of the director for appropriate positions to
facilitate employment of qualified applicants with a substantial physical or mental impairment, or
other groups protected by Title VII of the Civil Rights Act;
(viii) permanent appointment for entry to the career service which shall be contingent upon
satisfactory performance by the employee during a period of six months, with the probationary
period extendable for a period not to exceed six months for good cause, but with the condition that
the probationary employee may appeal directly to the council any undue prolongation of the period
designed to thwart merit principles;
(ix) temporary, provisional, or other noncareer service appointments, which may not be used
as a way of defeating the purpose of the career service and may not exceed 90 days, with the period
extendable for a period not to exceed an additional 90 days for good cause;
(x) lists of [
temporary positions, and short term emergency appointments to be made without regard to the other
provisions of law to provide for maintenance of essential services in an emergency situation where
normal procedures are not practical, these emergency appointments not to exceed 90 days, with that
period extendable for a period not to exceed an additional 90 days for good cause;
(xi) promotion and career ladder advancement of employees to higher level positions and
assurance that all persons promoted are qualified for the position;
(xii) recognition of the equivalency of other merit processes by waiving, at the discretion of
the director, the open competitive examination for placement in the career service positions of those
who were originally selected through a competitive examination process in another governmental
entity, the individual in those cases, to serve a probationary period;
(xiii) preparation, maintenance, and revision of a position classification plan for all positions
in the career service, based upon similarity of duties performed and responsibilities assumed, so that
the same qualifications may reasonably be required for, and the same schedule of pay may be
equitably applied to, all positions in the same class, the compensation plan, in order to maintain a
high quality public work force, to take into account the responsibility and difficulty of the work, the
comparative pay and benefits needed to compete in the labor market and to stay in proper alignment
with other similar governmental units, and other factors;
(xiv) keeping records of performance on all employees in the career service and requiring
consideration of performance records in determining salary increases, any benefits for meritorious
service, promotions, the order of layoffs and reinstatements, demotions, discharges, and transfers;
(xv) establishment of a plan governing layoffs resulting from lack of funds or work, abolition
of positions, or material changes in duties or organization, and governing reemployment of persons
so laid off, taking into account with regard to layoffs and reemployment the relative ability, seniority,
and merit of each employee;
(xvi) establishment of a plan for resolving employee grievances and complaints with final
and binding decisions;
(xvii) establishment of disciplinary measures such as suspension, demotion in rank or grade,
or discharge, such measures to provide for presentation of charges, hearing rights, and appeals for
all permanent employees in the career service to the career service council;
(xviii) establishment of a procedure for employee development and improvement of poor
performance;
(xix) establishment of hours of work, holidays, and attendance requirements in various
classes of positions in the career service;
(xx) establishment and publicizing of fringe benefits such as insurance, retirement, and leave
programs; and
(xxi) any other requirements not inconsistent with this law that are proper for its
enforcement.
Section 50. Section 17-33-7 is amended to read:
17-33-7. Functions of county office of personnel management -- Personnel functions
of county agencies, departments, or offices.
(1) (a) The county office of personnel management shall perform the functions required by
this Subsection (1).
(b) The county executive, county legislative body, and county office of personnel
management may not delegate those functions to a separate county agency, office, or department.
(c) The county office of personnel management shall:
(i) design and administer a county pay plan that includes salaries, wages, incentives,
bonuses, leave, insurance, retirement, and other benefits;
(ii) design and administer the county classification plan and grade allocation system,
including final decisions on position classification and grade allocation;
(iii) conduct position classification studies, including periodic desk audits, except that an
agency, department, or office may submit classification recommendations to the county office of
personnel management;
(iv) maintain registers of publicly recruited applicants and certification of top-ranking
eligible applicants;
(v) monitor county agency, department, or office personnel practices to determine
compliance with equal opportunity and affirmative action guidelines; and
(vi) maintain central personnel records.
(d) The county legislative body may approve, amend, or reject the pay plan.
(2) County agencies, departments, or offices shall:
(a) establish initial job descriptions;
(b) recommend position classifications and grade allocations;
(c) make final selections for appointments and promotions to vacant positions;
(d) conduct performance evaluations;
(e) discipline employees; and
(f) perform other functions approved by the [
to by the county agency, office, or department.
Section 51. Section 17-33-8 is amended to read:
17-33-8. Career service -- Exempt positions.
The career service shall be a permanent service to which this law shall apply and shall
comprise all tenured positions in the public service now existing or hereafter established, except the
following:
(1) The county executive, members of the county legislative body, other elected officials,
and major department heads charged directly by the county legislative body, or by a board appointed
by the county legislative body, with the responsibility of assisting in the formulation and carrying
out of matters of policy; and if it is sought that any position which differs from its present status be
exempted or tenured after the effective date of this act, a public hearing on the proposed exemption
or tenure shall be held upon due notice and the concurrence of the council.
(2) One confidential secretary for each elected county officer and major department head if
one is assigned.
(3) An administrative assistant to the county executive, each member of the county
legislative body, and to each elected official, if one is assigned.
(4) The duly appointed chief deputy [
and discharge the duties of the elected county officer in the absence or disability of the originally
responsible officer.
(5) Persons employed to make or conduct a temporary and special inquiry, investigation, or
examination on behalf of the county legislative body or one of its [
(6) Noncareer employees compensated for their services on a seasonal or contractual basis
who are hired on emergency or seasonal appointment basis, as approved by the council, and
provisional or part-time employees as defined by the county's policies and procedures or its rules and
regulations.
(7) Positions which by their nature -- confidential or key policy-determining or both --
cannot or should not be appropriately included in the career service. All positions designated as
being exempt under this subsection shall be listed in the rules and regulations promulgated under this
act by job title and department, office or agency, and any change in exempt status shall constitute
an amendment to the rules and regulations.
Section 52. Section 17-36-3 is amended to read:
17-36-3. 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 17-36-8 .
(5) "Budget officer" means the county auditor, county clerk, or county executive as provided
in [
(6) "Budget period" means the fiscal period for which a budget is prepared.
(7) "Check" means an order in a specific amount drawn upon the depositary by any
authorized officer in accordance with Section 17-19-3 or 17-24-1 .
(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) "Fiscal period" means the annual or biennial period for recording county fiscal
operations.
(14) "Fund" means an independent fiscal and accounting entity comprised of a sum of money
or other resources segregated for a specific purpose or objective.
(15) "Fund balance" means the excess of the assets over liabilities, reserves, and
contributions, as reflected by its books of account.
(16) "Fund deficit" means the excess of liabilities, reserves, and contributions over its assets,
as reflected by its books of account.
(17) "General Fund" means the fund used to account for all receipts, disbursements, assets,
liabilities, reserves, fund balances, revenues, and expenditures not required to be accounted for in
other funds.
(18) "Interfund loan" means a loan of cash from one fund to another, subject to future
repayment; but it does not constitute an expenditure or a use of retained earnings, fund balance, or
unappropriated surplus of the lending fund.
(19) "Last completed fiscal period" means the fiscal period next preceding the current period.
(20) "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.
(21) "Municipal capital project" means the acquisition, construction, or improvement of
capital assets that facilitate providing municipal service.
(22) "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.
(23) "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.
(24) "Special fund" means any fund other than the General Fund, such as those described
in Section 17-36-6 .
(25) "Unappropriated surplus" means that part of a fund which is not appropriated for an
ensuing budget period.
(26) "Warrant" means an order in a specific amount drawn upon the treasurer by the auditor.
Section 53. Section 17-50-402 is amended to read:
17-50-402. Payment or rejection of claims.
(1) If the county executive finds that any claim presented is not payable by the county or is
not a proper county charge, the county executive shall reject the claim.
(2) (a) If the claim is found to be a proper county charge, but greater in amount than is justly
due, the county executive may allow the claim in part and may order a warrant drawn for the portion
allowed.
(b) If the claimant is unwilling to receive the amount in full payment, the county executive
may again consider the claim.
(3) No claim may be paid if paying the claim would exceed the current unencumbered funds.
Section 54. Section 17-52-101 is amended to read:
17-52-101. Definitions.
As used in this chapter:
(1) "Appointment council" means a group of persons consisting of:
[
[
[
(a) a resident of the county in which the optional plan is proposed, designated by a majority
of all state senators and representatives whose districts include any part of the county in which the
optional plan is proposed;
[
county legislative body;
[
[
[
designated by majority vote of the [
(2) "Optional plan" means a plan establishing an alternate form of government for a county
as provided in Section 17-52-401 .
(3) "Reasonable notice" means, at a minimum:
(a) (i) publication in a newspaper of general circulation within the county at least once a
week for at least two consecutive weeks ending no more than ten and no fewer than three days before
the event that is the subject of the notice; or
(ii) if there is no newspaper of general circulation within the county, posting at least one
notice per 1,000 population within the county, for at least a week ending no more than three days
before the event that is the subject of the notice, at locations throughout the county that are most
likely to give actual notice to county residents; and
(b) if the county has an Internet home page, posting an electronic notice on the Internet for
at least seven days immediately before the event that is the subject of the notice.
(4) "Study committee" means a group of persons:
[
[
(b) charged with the duties provided in Section 17-52-303 .
Section 55. Section 17-52-102 is amended to read:
17-52-102. Forms of county government -- County commission form required unless
another is adopted.
(1) Each county shall operate under one of the following forms of county government:
(a) the county commission form under Section 17-52-501 ;
(b) the expanded county commission form under Section 17-52-502 ;
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(2) Unless it adopts another form of government as provided in this chapter, each county
shall operate under the county commission form of government under Section 17-52-501 .
Section 56. Section 17-52-201 is amended to read:
17-52-201. Procedure for initiating adoption of optional plan -- Limitations -- Pending
proceedings.
(1) An optional plan proposing an alternate form of government for a county may be adopted
as provided in this chapter.
(2) The process to adopt an optional plan establishing an alternate form of county
government may be initiated by:
(a) the county legislative body as provided in Section 17-52-202 ; or
(b) registered voters of the county as provided in Section 17-52-203 .
(3) (a) If the process to adopt an optional plan has been initiated under Chapter 26, Laws of
Utah 1973, Section 3, 4, or 5, or Section 17-52-202 or 17-52-203 , the county legislative body may
not initiate the process again under Section 17-52-202 unless the earlier proceeding:
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(b) A county legislative body may not initiate the process to adopt an optional plan under
Section 17-52-202 within four years of an election at which voters approved or rejected an optional
plan proposed as a result of a process initiated by the county legislative body.
(c) Registered voters of a county may not initiate the process to adopt an optional plan under
Section 17-52-203 within four years of an election at which voters approved or rejected an optional
plan proposed as a result of a process initiated by registered voters.
Section 57. Section 17-52-202 is amended to read:
17-52-202. County legislative body initiation of adoption of optional plan -- Procedure.
(1) A county legislative body may initiate the process of adopting an optional plan by[
to the voters the question of whether a study committee should be established as provided in
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question to be submitted to the registered voters of the county [
election dates specified in Subsection 20A-1-204 (1)(a), as the county legislative body determines,
no less than 90 days and no more than 180 days after adoption of the resolution under Subsection
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Section 58. Section 17-52-203 is amended to read:
17-52-203. Registered voter initiation of adoption of optional plan -- Procedure.
(1) Registered voters of a county may initiate the process of adopting an optional plan by[
filing a petition for the establishment of a study committee as provided in Section 17-52-301 .
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of the total number of votes cast in the county at the most recent election for governor;
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designated as the contact sponsor, with the mailing address and telephone number of each; and
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or an amended or supplemental petition under Subsection [
(i) determine whether the petition or amended or supplemental petition has been signed by
the required number of registered voters; and
(ii) (A) if so:
(I) certify the petition or amended or supplemental petition and deliver it to the county
legislative body; and
(II) notify in writing the contact sponsor of the certification; or
(B) if not, reject the petition or the amended or supplemental petition and notify in writing
the county legislative body and the contact sponsor of the rejection and the reasons for the rejection.
(b) If a county clerk rejects a petition or an amended or supplemental petition under
Subsection [
supplemental petition may be further amended or supplemented with additional signatures and
refiled within 20 days of the date of rejection.
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[
than 45 days before an election under Section 17-52-206 [
(a) the petition notified signers in conspicuous language that the petition sponsors are
authorized to withdraw the petition; and
(b) there are at least three sponsors of the petition.
Section 59. Section 17-52-203.5 is enacted to read:
17-52-203.5. Election to determine whether study committee should be established.
(1) The county legislative body shall hold an election under this section if:
(a) the county legislative body adopts a resolution under Subsection 17-52-202 (1); or
(b) a petition filed under Subsection 17-52-203 (1) is certified by the county clerk under
Subsection 17-52-203 (3).
(2) Each election under Subsection (1) shall be held on one of the election dates specified
in Subsection 20A-1-204 (1)(a), as the county legislative body determines, no less than 90 days and
no more than 180 days after, as the case may be:
(a) adoption of a resolution under Subsection 17-52-202 (1); or
(b) certification of a petition under Subsection 17-52-203 (3).
(3) The county clerk shall prepare the ballot for each election under Subsection (1) with a
question that asks substantially as follows:
"Shall a study committee be appointed to consider and possibly recommend a change in the
form of government of _________________________ County?"
Section 60. Section 17-52-204 is amended to read:
17-52-204. County or district attorney review of proposed optional plan -- Conflict
with statutory or constitutional provisions -- Processing of optional plan after attorney review.
(1) [
17-52-303 (3)(d) to the county legislative body recommending a change in the form of county
government, the county clerk shall send to the county attorney [
optional plan is proposed or, if the county does not have a county attorney, to the district attorney
a copy of each [
committee in its report under Subsection 17-52-303 (3)(d).
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(2) Within 45 days after receipt of the [
county clerk under Subsection (1), the county or district attorney [
to the county clerk containing the information required under Subsection (3).
(3) Each report from the county or district attorney [
(a) state the [
optional plan as [
applicable statutory or constitutional provision;
(b) if the attorney [
(i) identify specifically each statutory or constitutional provision that would be violated by
implementation of the optional plan as [
(ii) identify specifically each provision or feature of the proposed optional plan that would
result in a statutory or constitutional violation if the plan is implemented as [
the study committee;
(iii) state whether, in the [
features identified in Subsection (3)(b)(ii) are so integral to the proposed optional plan that having
previously changed the specified provision or feature to avoid the violation would have affected the
decision of a [
optional plan [
(iv) if all the provisions or features identified in Subsection (3)(b)(ii) do not meet the
standard of Subsection (3)(b)(iii), recommend how the proposed optional plan may be [
modified to avoid the statutory or constitutional violation.
(4) (a) If the [
provisions or features under Subsection (3)(b)(ii) that meet the standard of Subsection (3)(b)(iii), the
proposed optional plan may not be [
subject of a resolution or petition under Subsection 17-52-206 (1), except that[
committee may [
report under Subsection 17-52-303 (3)(d) that will be treated as any other report under that
subsection.
(b) [
provisions or features under Subsection (3)(b)(ii) that do not meet the standard of Subsection
(3)(b)(iii), the optional plan may be [
statutory or constitutional violations and then[
Subsection 17-52-206(1).
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(5) If the [
provisions or features of the proposed optional plan that, if implemented, would violate a statutory
or constitutional provision, the proposed optional plan may be[
petition under Subsection 17-52-206 (1).
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Section 61. Section 17-52-205 is amended to read:
17-52-205. Voter information pamphlet.
(1) In anticipation of an election under Section 17-52-206 , the county [
may prepare a voter information pamphlet to inform the public of the proposed optional plan.
(2) In preparing a voter information pamphlet under this section, the county [
(a) allow proponents and opponents of the proposed optional plan to provide written
statements to be included in the pamphlet; and
(b) use as a guideline the provisions of Title 20A, Chapter 7, Part 7, Voter Information
Pamphlet.
(3) Each county [
section shall cause the publication and distribution of the pamphlet in a manner determined by the
county [
Section 62. Section 17-52-206 is amended to read:
17-52-206. Election on recommended optional plan -- Resolution or petition to submit
plan to voters.
(1) (a) [
[
17-52-303 (3)(d)[
(i) the county or district attorney has completed the review of the recommended optional
plan and has submitted the attorney's report to the county clerk as provided in Section 17-52-204 ;
(ii) the recommended optional plan may, under Subsection 17-52-204 (3), be the subject of
a resolution or petition under this Subsection (1); and
(iii) after the county or district attorney has submitted the attorney's report under Section
17-52-204 :
(A) the county legislative body adopts a resolution to submit the recommended optional plan
to voters; or
(B) a petition is filed with the county clerk that:
(I) is signed by registered voters residing in the county equal in number to at least 10% of
the total number of votes cast in the county at the most recent election for governor;
(II) designates up to five of the petition signers as sponsors, one of whom shall be designated
as the contact sponsor, with the mailing address and telephone number of each; and
(III) requests that the recommended optional plan be submitted to voters.
(b) The process for certifying a petition filed under Subsection (1)(a)(iii)(B) shall be the
same as that provided in Subsection 17-52-203 (3).
(2) Each election under Subsection (1) shall be held at the next regular general or municipal
general election date that is no less than two months after:
(a) the county [
legislative body's adoption of a resolution under Subsection (1)(a)(iii)(A); or
(b) certification of a petition filed under Subsection (1)(a)(iii)(B).
(3) The county [
Subsection (1) so that the question on the ballot[
"Shall ___________________ County adopt the alternate form of government known as the
__(insert the proposed form of government)___ that has been recommended by the study
committee?"
(4) The county [
(a) cause the complete text of the proposed optional plan to be published 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 under Subsection (1); and
(b) 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[
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Section 63. Section 17-52-207 is amended to read:
17-52-207. Election of officers under optional plan.
If an optional plan is adopted by voters at an election under Section 17-52-206 , the elected
county officers specified in the plan shall be elected at the next regular general election following
the election under Section 17-52-206 , according to the procedure and schedule established under
Title 20A, Election Code, for the election of county officers.
Section 64. Section 17-52-301 is amended to read:
17-52-301. Procedure for appointing members to study committee.
(1) Each [
council as provided in this section.
(2) (a) The county [
members of the appointment council referred to in Subsections 17-52-101 (1)(a), (b), and (c)[
[
voted in favor of establishing a study committee.
(b) Within ten days of the convening of the first meeting under Subsection (2)(a), the [
three members of the appointment council shall designate the remaining [
to in Subsection 17-52-101 (1)[
(3) (a) Within 30 days of the designation of the remaining [
Subsection (2)(b), the appointment council shall:
(i) appoint the members to the study committee; and
(ii) notify in writing the appointees, the county executive, and the county legislative body
of the appointments.
(b) In making appointments to the study committee, the appointment council shall work to
achieve a broadly representative membership.
(c) The appointment council may not appoint a person to the study committee unless that
person:
(i) is a registered voter in the county whose form of government will be studied by the study
committee; and
(ii) does not hold any public office or employment other than membership on the
appointment council.
Section 65. Section 17-52-302 is amended to read:
17-52-302. Convening of first meeting of study committee.
The county [
committee within ten days [
appointment under Subsection 17-52-301 (3)(a)[
[
Section 66. Section 17-52-303 is amended to read:
17-52-303. Study committee -- Members -- Powers and duties -- Report -- Services
provided by county.
(1) (a) Each study committee shall consist of at least seven but no more than 11 members.
(b) A member of a study committee may not receive compensation for service on the
committee.
(c) The county legislative body shall reimburse each member of a study committee for
necessary expenses incurred in performing the member's duties on the study committee.
(2) A study committee may:
(a) adopt rules for its own organization and procedure and to fill a vacancy in its
membership;
(b) establish advisory boards or committees and include on them persons who are not
members of the study committee; and
(c) request the assistance and advice of any officers or employees of any agency of state or
local government.
(3) Each study committee shall:
(a) study the form of government within the county and compare it with other forms
available under this chapter;
(b) determine whether the administration of local government in the county could be
strengthened, made more clearly responsive or accountable to the people, or significantly improved
in the interest of economy and efficiency by a change in the form of county government;
(c) hold public hearings and community forums and other means the committee considers
appropriate to disseminate information and stimulate public discussion of the committee's purposes,
progress, and conclusions; and
(d) file a written report of its findings and recommendations with the county executive and
the county legislative body no later than one year after the convening of its first meeting under
Section 17-52-302 .
(4) Each study committee report under Subsection (3)(d) shall include:
(a) the study committee's recommendation as to whether the form of county government
should be changed to [
(b) if the study committee recommends changing the form of government, a complete
detailed draft of a proposed plan to change the form of county government, including all necessary
implementing provisions; and
(c) any additional recommendations the study committee considers appropriate to improve
the efficiency and economy of the administration of local government within the county.
(5) (a) If the study committee's report recommends a change in the form of county
government, the study committee may conduct additional public hearings after filing the report under
Subsection (3)(d) and, following the hearings and subject to Subsection (5)(b), alter the report.
(b) Notwithstanding Subsection (5)(a), the study committee may not make an alteration to
the report:
(i) that would recommend the adoption of an optional form different from that recommended
in the original report; or
(ii) within the 120-day period before the election under Section 17-52-206 .
(6) Each meeting held by the study committee shall be open to the public.
(7) The county legislative body shall provide for the study committee:
(a) suitable meeting facilities;
(b) necessary secretarial services;
(c) necessary printing and photocopying services;
(d) necessary clerical and staff assistance; and
(e) adequate funds for the employment of independent legal counsel and professional
consultants that the study committee reasonably determines to be necessary to help the study
committee fulfill its duties.
Section 67. Section 17-52-401 is amended to read:
17-52-401. Contents of proposed optional plan.
(1) Each optional plan proposed under this chapter [
(a) shall propose the adoption of one of the forms of county government listed in Subsection
17-52-402 (1)(a);
(b) shall contain detailed provisions relating to the transition from the existing form of
county government to the form proposed in the optional plan, including provisions relating to the:
(i) election or appointment of officers specified in the optional plan for the new form of
county government;
(ii) [
office is eliminated, the division or department of county government responsible for performing the
duties of the eliminated office;
(iii) continuity of existing ordinances and regulations;
(iv) continuation of pending legislative, administrative, or judicial proceedings;
(v) making of interim and temporary appointments; and
(vi) preparation, approval, and adjustment of necessary budget appropriations; [
(c) shall specify the date it is to become effective if adopted, which shall not be earlier than
the first day of January next following the election of officers under the new plan; and
[
optional plan that proposes the adoption of the county commission or expanded county commission
form of government, [
(i) may provide that the county auditor's role is to be the budget officer [
county revenues, and to prepare a tentative budget to present to the county executive; and
(ii) shall provide that the county executive's role is to [
proposed budget to the county legislative body, and the county legislative body's role is to adopt [
a final budget.
(2) Subject to Subsection (3), an optional plan may include provisions that are considered
necessary or advisable to the effective operation of the proposed optional plan.
(3) An optional plan may not include any provision that is inconsistent with or prohibited
by the Utah Constitution or any statute.
(4) Each optional plan proposing to change the form of government to a form under Section
17-52-503 , 17-52-504 , 17-52-505 , or 17-52-506 shall:
(a) provide for the same executive and legislative officers as are specified in the applicable
section for the form of government being proposed by the optional plan;
(b) provide for the election of the county council;
(c) specify the number of county council members, which shall be an odd number from three
to nine;
(d) specify whether the members of the county council are to be elected from districts, at
large, or by a combination of at large and by district;
(e) specify county council members' qualifications and terms and whether the terms are to
be staggered;
(f) contain procedures for filling vacancies on the county council, consistent with the
provisions of Section 20A-1-508 ; and
(g) state the initial compensation, if any, of county council members and procedures for
prescribing and changing compensation.
(5) Each optional plan proposing to change the form of government to the county
commission form under Section 17-52-501 or the expanded county commission form under Section
17-52-502 shall specify:
(a) (i) for the county commission form of government, that the county commission shall have
three members; or
(ii) for the expanded county commission form of government, whether the county
commission shall have five or seven members;
(b) the terms of office for county commission members and whether the terms are to be
staggered;
(c) whether members of the county commission are to be elected from districts, at large, or
by a combination of at large and from districts; and
(d) if any members of the county commission are to be elected from districts, the district
residency requirements for those commission members.
Section 68. Section 17-52-402 is amended to read:
17-52-402. Plan may propose changing forms of county government -- Plan may
propose change of structural form.
(1) (a) Each optional plan shall propose changing the form of county government to:
(i) the county commission form under Section 17-52-501 ;
(ii) the expanded county commission form under Section 17-52-502 ;
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(b) An optional plan adopted after May 1, 2000 may not:
(i) propose changing the form of government to a form not included in Subsection (1)(a);
(ii) provide for the nonpartisan election of elected officers;
(iii) impose a limit on the number of terms or years that an elected officer may serve; or
(iv) provide for elected officers to be subject to a recall election.
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government under Subsection (1)(a), an optional plan may also propose the adoption of any one of
the structural forms of county government provided under Chapter 35b, Part 3, Structural Forms of
County Government.
Section 69. Section 17-52-403 is amended to read:
17-52-403. Adoption of optional plan -- Effect of adoption.
(1) If a proposed optional plan is approved at an election held under Section 17-52-206 :
(a) the proposed optional plan becomes effective according to its terms and, subject to
Subsection 17-52-401 (1)(c), at the time specified in it, is public record open to inspection by the
public, and is judicially noticeable by all courts;
(b) the county clerk shall, within ten days of the canvass of the election, file with the
lieutenant governor a copy of the optional plan, certified by the clerk to be a true and correct copy;
(c) all public officers and employees shall cooperate fully in making the transition between
forms of county government; and
(d) the county legislative body may enact and enforce necessary ordinances to bring about
an orderly transition to the new form of government, including any transfer of power, records,
documents, properties, assets, funds, liabilities, or personnel that are consistent with the approved
optional plan and necessary or convenient to place it into full effect.
(2) Adoption of an optional plan changing only the form of county government without
adopting one of the structural forms under Chapter 35b, Part 3, Structural Forms of County
Government, does not alter or affect the boundaries, organization, powers, duties, or functions of
any:
(a) school district;
(b) justice court;
(c) independent special district established under Title 17A, Chapter 2, Independent Special
Districts;
(d) city or town; or
(e) entity created by an interlocal agreement under Title 11, Chapter 13, Interlocal
Cooperation Act.
(3) After the adoption of an optional plan, the county remains vested with all powers and
duties vested generally in counties by statute.
Section 70. Section 17-53-106 is enacted to read:
17-53-106. Supervision of county elected officers -- Legislative body and executive
may examine and audit accounts and conduct investigation.
(1) For purposes of this section, "professional duties" means a county elected officer's
functions, duties, and responsibilities specifically provided for by law and includes:
(a) the exercise of professional judgment and discretion reasonably related to the officer's
required functions, duties, and responsibilities; and
(b) the management of deputies and other employees under the supervision of the elected
officer under statute or county ordinance, policy, or regulation.
(2) (a) A county legislative body and a county executive each:
(i) may generally direct and supervise all elected county officers and employees to ensure
compliance with general county administrative ordinances, rules, or policies;
(ii) may not direct or supervise other elected county officers or their sworn deputies with
respect to the performance of the professional duties of the officers or deputies;
(iii) may examine and audit the accounts of all county officers having the care, management,
collection, or distribution of monies belonging to the county, appropriated to the county, or otherwise
available for the county's use and benefit; and
(iv) may investigate any matter pertaining to a county officer or to the county or its business
or affairs, and may require the attendance of witnesses and take evidence in any such investigation.
(b) In an investigation under Subsection (2)(a)(iv):
(i) the county executive or any member of the county legislative body may issue subpoenas
and administer oaths to witnesses; and
(ii) if the county legislative body issues subpoenas and appoints members of the legislative
body as a committee and confers on the committee power to hear or take evidence, the committee
shall have the same power as the full county legislative body.
(3) Nothing in this section may be construed to prohibit the county executive or county
legislative body from initiating an action for removal or prosecution of an elected county officer as
provided by statute.
Section 71. Section 17-53-201 is amended to read:
17-53-201. General powers, duties, and functions of county legislative body.
(1) Except as expressly provided otherwise in statute, each county legislative body shall
exercise all legislative powers, have all legislative duties, and perform all legislative functions of the
county, including those enumerated in this part.
(2) A county legislative body may take any action required by law and necessary to the full
discharge of its duties, even though the action is not expressly authorized by statute.
Section 72. Section 17-53-301 is amended to read:
17-53-301. General powers, duties, and functions of county executive.
(1) The elected county executive is the chief executive [
(2) Except as expressly provided otherwise in statute and except as contrary to the powers,
duties, and functions of other county officers expressly provided for in Chapters 16, 17, 18, 19, 20,
21, 22, 23, and 24, each county executive shall exercise all executive powers, have all executive
duties, and perform all executive functions of the county, including those enumerated in this part.
(3) A county executive may take any action required by law and necessary to the full
discharge of the executive's duties, even though the action is not expressly authorized in statute.
Section 73. Section 17-53-302 is amended to read:
17-53-302. County executive duties.
Each county executive shall:
(1) exercise supervisory control over all functions of the executive branch of county
government;
(2) direct and organize the management of the county in a manner consistent with state law,
county ordinance, and the county's optional plan of county government;
(3) carry out programs and policies established by the county legislative body;
(4) faithfully ensure compliance with all applicable laws and county ordinances;
(5) exercise supervisory and coordinating control over all departments of county
government;
(6) except as otherwise vested in the county legislative body by state law or by the optional
plan of county government, appoint, suspend, and remove the directors of all county departments
and all appointive officers of boards and commissions;
(7) except as otherwise delegated by statute to another county officer, exercise administrative
and auditing control over all funds and assets, tangible and intangible, of the county;
(8) except as otherwise delegated by statute to another county officer, supervise and direct
centralized budgeting, accounting, personnel management, purchasing, and other service functions
of the county;
(9) conduct planning studies and make recommendations to the county legislative body
relating to financial, administrative, procedural, and operational plans, programs, and improvements
in county government;
(10) maintain a continuing review of expenditures and of the effectiveness of departmental
budgetary controls;
(11) develop systems and procedures, not inconsistent with statute, for planning,
programming, budgeting, and accounting for all activities of the county;
(12) if the county executive is an elected county executive, exercise a power of veto over
ordinances enacted by the county legislative body, including an item veto upon budget
appropriations, in the manner provided by the optional plan of county government; [
(13) review, negotiate, approve, and execute contracts for the county, unless otherwise
provided by statute; and
[
county ordinance, and the optional plan of county government.
Section 74. Section 17-53-315 is amended to read:
17-53-315. Actions -- Control and direction.
(1) (a) A county executive may control and direct the prosecution [
settlement of all lawsuits and other actions:
(i) to which the county is a party[
(ii) as to which the county may be required to pay the judgment or the costs of prosecution
or defense; or
(iii) as further provided by county ordinance.
(b) If necessary, the county executive may, upon the recommendation of the county or
district attorney or if required by court order, employ counsel to represent the county in the lawsuit
or other action or assist the county attorney or, in a county that does not have a county attorney, the
district attorney in conducting those [
attorney or district attorney, as the case may be, is authorized by law to act.
(2) If a lawsuit or other action is brought or prosecuted by another elected official or a board
or other entity of the county under a statutory duty, that other elected official, board, or other entity
may control and direct the lawsuit or other action, consistent with applicable law.
Section 75. Section 17-53-316 is enacted to read:
17-53-316. Executive orders.
(1) The county executive may issue an executive order to:
(a) establish an executive policy;
(b) implement an executive practice; or
(c) execute a legislative policy or ordinance, as provided by statute.
(2) An executive order may not:
(a) be inconsistent with county ordinances addressing or with policies established by the
county legislative body addressing the same subject as the executive order; or
(b) expand or narrow legislative action taken or legislative policy issued by the county
legislative body.
(3) Each executive order exercising supervisory power over other elected county officers
shall be consistent with the authority given the county executive under Section 17-53-106 .
Section 76. Section 17-53-317 is enacted to read:
17-53-317. Executive appointment with advice and consent of county legislative body.
The appointment of a person to fill a position on a board, committee, or similar body whose
membership is appointed by the county shall be by the county executive, with the advice and consent
of the county legislative body.
Section 77. Section 20A-1-102 is amended to read:
20A-1-102. Definitions.
As used in this title:
(1) "Active voter" means a registered voter who has not been classified as an inactive voter
by the county clerk.
(2) "Automatic tabulating equipment" means apparatus that automatically examines and
counts votes recorded on paper ballots or ballot cards and tabulates the results.
(3) "Ballot" means the cardboard, paper, or other material upon which a voter records his
votes and includes ballot cards, paper ballots, and secrecy envelopes.
(4) "Ballot card" means a ballot that can be counted using automatic tabulating equipment.
(5) "Ballot label" means the cards, papers, booklet, pages, or other materials that contain the
names of offices and candidates and statements of ballot propositions to be voted on and which are
used in conjunction with ballot cards.
(6) "Ballot proposition" means opinion questions specifically authorized by the Legislature,
constitutional amendments, initiatives, referenda, and judicial retention questions that are submitted
to the voters for their approval or rejection.
(7) "Board of canvassers" means the entities established by Sections 20A-4-301 and
20A-4-306 to canvass election returns.
(8) "Bond election" means an election held for the sole purpose of approving or rejecting the
proposed issuance of bonds by a government entity.
(9) "Book voter registration form" means voter registration forms contained in a bound book
that are used by election officers and registration agents to register persons to vote.
(10) "By-mail voter registration form" means a voter registration form designed to be
completed by the voter and mailed to the election officer.
(11) "Canvass" means the review of election returns and the official declaration of election
results by the board of canvassers.
(12) "Canvassing judge" means an election judge designated to assist in counting ballots at
the canvass.
(13) "Convention" means the political party convention at which party officers and delegates
are selected.
(14) "Counting center" means one or more locations selected by the election officer in charge
of the election for the automatic counting of ballots.
(15) "Counting judge" means a judge designated to count the ballots during election day.
(16) "Counting poll watcher" means a person selected as provided in Section 20A-3-201 to
witness the counting of ballots.
(17) "Counting room" means a suitable and convenient private place or room, immediately
adjoining the place where the election is being held, for use by the counting judges to count ballots
during election day.
(18) "County executive" [
[
[
[
[
[
(19) "County legislative body" [
68-3-12 (2).
[
[
[
[
[
(20) "County officers" means those county officers that are required by law to be elected.
(21) "Election" means a regular general election, a municipal general election, a statewide
special election, a local special election, a regular primary election, a municipal primary election,
and a special district election.
(22) "Election cycle" means the period beginning on the first day persons are eligible to file
declarations of candidacy and ending when the canvass is completed.
(23) "Election judge" means each canvassing judge, counting judge, and receiving judge.
(24) "Election officer" means:
(a) the lieutenant governor, for all statewide ballots;
(b) the county clerk or clerks for all county ballots and for certain special district and school
district ballots as provided in Section 20A-5-400.5 ;
(c) the municipal clerk for all municipal ballots and for certain special district and school
district ballots as provided in Section 20A-5-400.5 ; and
(d) the special district clerk or chief executive officer for all special district ballots that are
not part of a statewide, county, or municipal ballot.
(25) "Election official" means any election officer, election judge, or satellite registrar.
(26) "Election returns" includes the pollbook, all affidavits of registration, the military and
overseas absentee voter registration and voting certificates, one of the tally sheets, any unprocessed
absentee ballots, all counted ballots, all excess ballots, all unused ballots, all spoiled ballots, the
ballot disposition form, and the total votes cast form.
(27) "Electronic voting system" means a system in which a voting device is used in
conjunction with ballots so that votes recorded by the voter are counted and tabulated by automatic
tabulating equipment.
(28) "Inactive voter" means a registered voter who has been sent the notice required by
Section 20A-2-306 and who has failed to respond to that notice.
(29) "Inspecting poll watcher" means a person selected as provided in this title to witness
the receipt and safe deposit of voted and counted ballots.
(30) "Judicial office" means the office filled by any judicial officer.
(31) "Judicial officer" means any justice or judge of a court of record or any county court
judge.
(32) "Local election" means a regular municipal election, a local special election, a special
district election, and a bond election.
(33) "Local political subdivision" means a county, a municipality, a special district, or a local
school district.
(34) "Local special election" means a special election called by the governing body of a local
political subdivision in which all registered voters of the local political subdivision may vote.
(35) "Municipal executive" means:
(a) the city commission, city council, or town council in the traditional management
arrangement established by Title 10, Chapter 3, Part 1, Governing Body;
(b) the mayor in the council-mayor optional form of government defined in Section
10-3-1209 ; and
(c) the manager in the council-manager optional form of government defined in Section
10-3-1209 .
(36) "Municipal general election" means the election held in municipalities and special
districts on the first Tuesday after the first Monday in November of each odd-numbered year for the
purposes established in Section 20A-1-202 .
(37) "Municipal legislative body" means:
(a) the city commission, city council, or town council in the traditional management
arrangement established by Title 10, Chapter 3, Part 1, Governing Body;
(b) the municipal council in the council-mayor optional form of government defined in
Section 10-3-1209 ; and
(c) the municipal council in the council-manager optional form of government defined in
Section 10-3-1209 .
(38) "Municipal officers" means those municipal officers that are required by law to be
elected.
(39) "Municipal primary election" means an election held to nominate candidates for
municipal office.
(40) "Official ballot" means the ballots distributed by the election officer to the election
judges to be given to voters to record their votes.
(41) "Official endorsement" means:
(a) the information on the ballot that identifies:
(i) the ballot as an official ballot;
(ii) the date of the election; and
(iii) the facsimile signature of the election officer; and
(b) the information on the ballot stub that identifies:
(i) the election judge's initials; and
(ii) the ballot number.
(42) "Official register" means the book furnished election officials by the election officer
that contains the information required by Section 20A-5-401 .
(43) "Paper ballot" means a paper that contains:
(a) the names of offices and candidates and statements of ballot propositions to be voted on;
and
(b) spaces for the voter to record his vote for each office and for or against each ballot
proposition.
(44) "Political party" means an organization of registered voters that has qualified to
participate in an election by meeting the requirements of Title 20A, Chapter 8, Political Party
Formation and Procedures.
(45) "Polling place" means the building where residents of a voting precinct vote.
(46) "Position" means a square, circle, rectangle, or other geometric shape on a ballot in
which the voter marks his choice.
(47) "Posting list" means a list of registered voters within a voting precinct.
(48) "Primary convention" means the political party conventions at which nominees for the
regular primary election are selected.
(49) "Protective counter" means a separate counter, which cannot be reset, that is built into
a voting machine and records the total number of movements of the operating lever.
(50) "Qualify" or "qualified" means to take the oath of office and begin performing the duties
of the position for which the person was elected.
(51) "Receiving judge" means the election judge that checks the voter's name in the official
register, provides the voter with a ballot, and removes the ballot stub from the ballot after the voter
has voted.
(52) "Registration days" means the days designated in Section 20A-2-203 when a voter may
register to vote with a satellite registrar.
(53) "Registration form" means a book voter registration form and a by-mail voter
registration form.
(54) "Regular general election" means the election held throughout the state on the first
Tuesday after the first Monday in November of each even-numbered year for the purposes
established in Section 20A-1-201 .
(55) "Regular primary election" means the election on the fourth Tuesday of June of each
even-numbered year, at which candidates of political parties and nonpolitical groups are voted for
nomination.
(56) "Resident" means a person who resides within a specific voting precinct in Utah.
(57) "Sample ballot" means a mock ballot similar in form to the official ballot printed and
distributed as provided in Section 20A-5-405 .
(58) "Satellite registrar" means a person appointed under Section 20A-5-201 to register
voters and perform other duties.
(59) "Scratch vote" means to mark or punch the straight party ticket and then mark or punch
the ballot for one or more candidates who are members of different political parties.
(60) "Secrecy envelope" means the envelope given to a voter along with the ballot into which
the voter places the ballot after he has voted it in order to preserve the secrecy of the voter's vote.
(61) "Special district" means those local government entities created under the authority of
Title 17A.
(62) "Special district officers" means those special district officers that are required by law
to be elected.
(63) "Special election" means an election held as authorized by Section 20A-1-204 .
(64) "Spoiled ballot" means each ballot that:
(a) is spoiled by the voter;
(b) is unable to be voted because it was spoiled by the printer or the election judge; or
(c) lacks the official endorsement.
(65) "Statewide special election" means a special election called by the governor or the
Legislature in which all registered voters in Utah may vote.
(66) "Stub" means the detachable part of each ballot.
(67) "Substitute ballots" means replacement ballots provided by an election officer to the
election judges when the official ballots are lost or stolen.
(68) "Ticket" means each list of candidates for each political party or for each group of
petitioners.
(69) "Transfer case" means the sealed box used to transport voted ballots to the counting
center.
(70) "Vacancy" means the absence of a person to serve in any position created by statute,
whether that absence occurs because of death, disability, disqualification, resignation, or other cause.
(71) "Valid write-in candidate" means a candidate who has qualified as a write-in candidate
by following the procedures and requirements of this title.
(72) "Voter" means a person who meets the requirements for voting in an election, meets
the requirements of election registration, is registered to vote, and is listed in the official register
book.
(73) "Voting area" means the area within six feet of the voting booths, voting machines, and
ballot box.
(74) "Voting booth" means the space or compartment within a polling place that is provided
for the preparation of ballots and includes the voting machine enclosure or curtain.
(75) "Voting device" means:
(a) an apparatus in which ballot cards are used in connection with a punch device for
piercing the ballots by the voter;
(b) a device for marking the ballots with ink or another substance; or
(c) any other method for recording votes on ballots so that the ballot may be tabulated by
means of automatic tabulating equipment.
(76) "Voting machine" means a machine designed for the sole purpose of recording and
tabulating votes cast by voters at an election.
(77) "Voting poll watcher" means a person appointed as provided in this title to witness the
distribution of ballots and the voting process.
(78) "Voting precinct" means the smallest voting unit established as provided by law within
which qualified voters vote at one polling place.
(79) "Watcher" means a voting poll watcher, a counting poll watcher, and an inspecting poll
watcher.
(80) "Western States Presidential Primary" means the election established in Title 20A,
Chapter 9, Part 8.
(81) "Write-in ballot" means a ballot containing any write-in votes.
(82) "Write-in vote" means a vote cast for a person whose name is not printed on the ballot
according to the procedures established in this title.
Section 78. Section 20A-6-302 is amended to read:
20A-6-302. Placement of candidates' names on paper ballots.
(1) Each election officer shall ensure, for paper ballots in regular general elections, that:
(a) except for candidates for state school board and local school boards:
(i) each candidate is listed by party; and
(ii) candidates' surnames are listed in alphabetical order on the ballots when two or more
candidates' names are required to be listed on a ticket under the title of an office;
(b) the names of candidates for the State Board of Education are placed on the ballot as
certified by the lieutenant governor under Section 20A-14-105 ;
(c) if candidates for membership on a local board of education were selected in a regular
primary election, the name of the candidate who received the most votes in the regular primary
election is listed first on the ballot; and
(d) if candidates for membership on a local board of education were not selected in the
regular primary election, the names of the candidates are listed on the ballot in the order determined
by a lottery conducted by the county clerk.
(2) (a) The election officer may not allow the name of a candidate who dies or withdraws
before election day to be printed upon the ballots.
(b) If the ballots have already been printed, the election officer:
(i) shall, if possible, cancel the name of the dead or withdrawn candidate by drawing a line
through the candidate's name before the ballots are delivered to voters; and
(ii) may not count any votes for that dead or withdrawn candidate.
(3) (a) When there is only one candidate for county attorney at the regular general election
in counties that have three or fewer registered voters of the county who are licensed active members
in good standing of the Utah State Bar, the county clerk shall cause that candidate's name and party
affiliation, if any, to be placed on a separate section of the ballot with the following question: "Shall
(name of candidate) be elected to the office of county attorney? Yes ____ No ____."
(b) If the number of "Yes" votes exceeds the number of "No" votes, the candidate is elected
to the office of county attorney.
(c) If the number of "No" votes exceeds the number of "Yes" votes, the candidate is not
elected and may not take office, nor may he continue in the office past the end of the term resulting
from any prior election or appointment.
(d) When the name of only one candidate for county attorney is printed on the ballot under
authority of Subsection (3), the county clerk may not count any write-in votes received for the office
of county attorney.
(e) If no qualified person files for the office of county attorney or if the candidate is not
elected by the voters, the county legislative body shall appoint the county attorney as provided in
Section 20A-1-509.2 .
(f) If the candidate whose name would, except for this Subsection (3)(f), be placed on the
ballot under Subsection (3)(a) has been elected on a ballot under Subsection (3)(a) to the two
consecutive terms immediately preceding the term for which the candidate is seeking election,
Subsection (3)(a) shall not apply and that candidate shall be considered to be an unopposed candidate
the same as any other unopposed candidate for another office, unless a petition is filed with the
county clerk before the date of that year's primary election that:
(i) requests the procedure set forth in Subsection (3)(a) to be followed; and
(ii) contains the signatures of registered voters in the county representing in number at least
25% of all votes cast in the county for all candidates for governor at the last election at which a
governor was elected.
(4) (a) When there is only one candidate for district attorney at the regular general election
in a prosecution district that has three or fewer registered voters of the district who are licensed
active members in good standing of the Utah State Bar, the county clerk shall cause that candidate's
name and party affiliation, if any, to be placed on a separate section of the ballot with the following
question: "Shall (name of candidate) be elected to the office of district attorney? Yes ____ No ____."
(b) If the number of "Yes" votes exceeds the number of "No" votes, the candidate is elected
to the office of district attorney.
(c) If the number of "No" votes exceeds the number of "Yes" votes, the candidate is not
elected and may not take office, nor may he continue in the office past the end of the term resulting
from any prior election or appointment.
(d) When the name of only one candidate for district attorney is printed on the ballot under
authority of Subsection (4), the county clerk may not count any write-in votes received for the office
of district attorney.
(e) If no qualified person files for the office of district attorney, or if the only candidate is
not elected by the voters under this subsection, the county legislative body shall appoint a new
district attorney for a four-year term as provided in Section 20A-1-509.2 .
(f) If the candidate whose name would, except for this Subsection (4)(f), be placed on the
ballot under Subsection (4)(a) has been elected on a ballot under Subsection (4)(a) to the two
consecutive terms immediately preceding the term for which the candidate is seeking election,
Subsection (4)(a) shall not apply and that candidate shall be considered to be an unopposed candidate
the same as any other unopposed candidate for another office, unless a petition is filed with the
county clerk before the date of that year's primary election that:
(i) requests the procedure set forth in Subsection (4)(a) to be followed; and
(ii) contains the signatures of registered voters in the county representing in number at least
25% of all votes cast in the county for all candidates for governor at the last election at which a
governor was elected.
Section 79. Section 21-2-3 is amended to read:
21-2-3. Fees of county recorder.
(1) The county recorder shall receive the following fees:
(a) for receiving, entering, and filing any instrument, paper, or notice, not otherwise provided
for, other than bonds of public officers, $10;
(b) for recording any instrument, paper, or notice, including those provided for under Title
70A, Uniform Commercial Code, other than bonds of public officers, and not otherwise provided
for, $10 for the first page, if the page is not larger than 8 1/2 inches x 14 inches in size, and $2 for
each additional page, and if any instrument, paper, or notice contains more than one description, $1
for each additional description;
(c) for recording any instrument in which a right-of-way is described, which is connected
with or is appurtenant to any tract of land described in the instrument, $1, but if the instrument
contains a description of more than one right-of-way, $1 for each additional right-of-way, and if any
instrument contains more than two names for either first or second party, or plaintiffs or defendants,
for each additional name, $1;
(d) for recording, indexing, and abstracting mining location notices, and recording, indexing,
and abstracting affidavits of labor affecting mining claims, $10 for the first page if that page is not
larger than 8 1/2 inches by 14 inches in size, and $2 for each additional page; and
(e) for a location notice, affidavit, or proof of labor which contains names of more than two
signers, $1 for each additional name, and for an affidavit or proof of labor which contains more than
one mining claim, $1 for each additional mining claim.
(2) (a) Each county recorder shall record the mining rules of the several mining districts in
each county without 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.
(3) The county recorder shall receive the following fees:
(a) for copies of any record or [
by the county legislative body;
(b) for each certificate under seal, [
(c) for recording any plat of a subdivision into lots and blocks, $1 for each lot, and $30 for
each sheet;
(d) for recording any other plat or map, $30 for each sheet and $1 for each lot or unit
designation;
(e) for taking and certifying acknowledgments, including seal, $5 for one name and $2 for
each additional name;
(f) for recording any license issued by the Division of Occupational and Professional
Licensing, $10;
(g) for filing of federal tax lien, $10, and for the discharge of the lien, $10; and
[
[
Section 80. Section 57-1-45 is enacted to read:
57-1-45. Boundary line agreements.
(1) If properly executed and acknowledged as required under this chapter, an agreement
between property owners designating the boundary line between their properties, when recorded in
the office of the recorder of the county in which the property is located, shall act as a quitclaim deed
and convey all of each party's right, title, interest, and estate in property outside the agreed boundary
line that had been the subject of the boundary dispute that led to the boundary line agreement.
(2) Each boundary line agreement under Subsection (1) shall contain a description of the
land conveyed and the address of each grantee.
Section 81. Section 57-3-106 is amended to read:
57-3-106. Original documents required -- Captions -- Legibility.
(1) (a) Unless otherwise provided, documents presented for recording in the office of the
county recorder shall:
(i) be originals; and
(ii) contain a brief caption stating the nature of the document.
(b) If a document is a master form, as defined in Section 57-3-201 , the caption required by
Subsection (1)(a)(ii) shall state that the document is a master form.
(2) Documents presented for recording shall also be sufficiently legible for the recorder to
make certified copies.
(3) (a) A document which is of record in the office of the appropriate county recorder in
compliance with this chapter may not be recorded again in that same county recorder's office unless
the original document has been reexecuted by all parties who executed the document. Unless exempt
by statute, original documents which are reexecuted must also contain the appropriate
acknowledgment, proof of execution, jurat or other notarial certification for all parties who are
reexecuting the document as required by Title 46, Chapter 1, Notaries Public Reform Act, and Title
57, Chapter 2, Acknowledgments. Documents submitted for rerecording shall contain a brief
statement explaining the reason for rerecording.
(b) A county recorder may refuse to accept a document for rerecording if that document does
not conform to the requirements of this section.
(c) Subsection (3) of this section applies only to documents executed after July 1, 1998.
(4) Minor typographical or clerical errors in a document of record may be corrected by the
recording of an affidavit or other appropriate instrument.
Section 82. Section 59-2-502 is amended to read:
59-2-502. Definitions.
As used in this part:
(1) "Land in agricultural use" means:
(a) land devoted to the raising of useful plants and animals with a reasonable expectation of
profit, including:
(i) forages and sod crops;
(ii) grains and feed crops;
(iii) livestock as defined in Section 59-2-102 ;
(iv) trees and fruits; or
(v) vegetables, nursery, floral, and ornamental stock; or
(b) land devoted to and meeting the requirements and qualifications for payments or other
compensation under a crop-land retirement program with an agency of the state or federal
government.
(2) "Platted" means land in which:
(a) parcels of ground are laid out and mapped by their boundaries, course, and extent; and
(b) the [
provided in Section 10-9-805 or 17-27-805 .
(3) "Rollback" means the period preceding the withdrawal of the land from the provisions
of this part or the change in use of the land, not to exceed five years, during which the land is valued,
assessed, and taxed under this part.
Section 83. Section 59-2-1366 is amended to read:
59-2-1366. Apportionment of redemption or assignment money.
[
of sale is assigned, the moneys received on account of the redemption or assignment shall be
distributed as follows: the original and subsequent taxes, and 40% of interest, penalty, and costs of
sale received shall be apportioned to the taxing entities interested, in proportion to their respective
taxes, and the balance shall be paid to the county. [
(2) If a sum less than the taxes, interest, penalty, and costs is accepted in settlement, the
proceeds of the settlement shall be applied, first to the payment of the original and subsequent taxes,
and the remainder, if any, to the payment of interest, penalty, and costs. [
Section 84. Section 68-3-12 is amended to read:
68-3-12. Rules of construction.
(1) In the construction of these statutes, the following general rules shall be observed, unless
such construction would be inconsistent with the manifest intent of the Legislature or repugnant to
the context of the statute:
(a) The singular number includes the plural, and the plural the singular.
(b) Words used in one gender comprehend the other.
(c) Words used in the present tense include the future.
(2) In the construction of these statutes, the following definitions shall be observed, unless
the definition would be inconsistent with the manifest intent of the Legislature, or repugnant to the
context of the statute:
(a) "Adjudicative proceeding" means:
(i) all actions by a board, commission, department, officer, or other administrative unit of
the state that determine the legal rights, duties, privileges, immunities, or other legal interests of one
or more identifiable persons, including all actions to grant, deny, revoke, suspend, modify, annul,
withdraw, or amend an authority, right, or license; and
(ii) judicial review of all such actions.
(b) "Advisory board," "advisory commission," and "advisory council" means a board,
commission, or council that:
(i) provides advice and makes recommendations to another person or entity who makes
policy for the benefit of the general public;
(ii) is created by and whose duties are provided by statute or by executive order; and
(iii) performs its duties only under the supervision of another person as provided by statute.
(c) "Councilman" includes a town trustee or a city commissioner, and "city commissioner"
includes a councilman.
(d) "County executive" means:
(i) the county commission in the county commission or expanded county commission form
of government established under Title 17, Chapter 52, Forms of County Government;
[
[
government authorized by Section 17-52-504 ; and
[
authorized by Section 17-52-505 [
[
(e) "County legislative body" means:
(i) the county commission in the county commission or expanded county commission form
of government established under Title 17, Chapter 52, Forms of County Government;
[
[
authorized by Section 17-52-504 ; and
[
authorized by Section 17-52-505 ; [
[
(f) "Executor" includes administrator, and the term "administrator" includes executor, when
the subject matter justifies such use.
(g) "Guardian" includes a person who has qualified as a guardian of a minor or incapacitated
person pursuant to testamentary or court appointment and a person who is appointed by a court to
manage the estate of a minor or incapacitated person.
(h) "Highway" and "road" include public bridges and may be held equivalent to the words
"county way," "county road," "common road," and "state road."
(i) "Him," "his," and other masculine pronouns include "her," "hers," and similar feminine
pronouns unless the context clearly indicates a contrary intent or the subject matter relates clearly
and necessarily to the male sex only.
(j) "Insane person" include idiots, lunatics, distracted persons, and persons of unsound mind.
(k) "Land," "real estate," and "real property" include land, tenements, hereditaments, water
rights, possessory rights, and claims.
(l) "Man" or "men" when used alone or in conjunction with other syllables as in "workman,"
includes "woman" or "women" unless the context clearly indicates a contrary intent or the subject
matter relates clearly and necessarily to the male sex only.
(m) "Month" means a calendar month, unless otherwise expressed, and the word "year," or
the abbreviation "A.D." is equivalent to the expression "year of our Lord."
(n) "Oath" includes "affirmation," and the word "swear" includes "affirm." Every oral
statement under oath or affirmation is embraced in the term "testify," and every written one, in the
term "depose."
(o) "Person" includes individuals, bodies politic and corporate, partnerships, associations,
and companies.
(p) "Personal property" includes every description of money, goods, chattels, effects,
evidences of rights in action, and all written instruments by which any pecuniary obligation, right,
or title to property is created, acknowledged, transferred, increased, defeated, discharged, or
diminished, and every right or interest therein.
(q) "Personal representative," "executor," and "administrator" includes an executor,
administrator, successor personal representative, special administrator, and persons who perform
substantially the same function under the law governing their status.
(r) "Policy board," "policy commission," or "policy council" means a board, commission,
or council that:
(i) possesses a portion of the sovereign power of the state to enable it to make policy for the
benefit of the general public;
(ii) is created by and whose duties are provided by the constitution or by statute;
(iii) performs its duties according to its own rules without supervision other than under the
general control of another person as provided by statute; and
(iv) is permanent and continuous and not temporary and occasional.
(s) "Population" shall be as shown by the last preceding state or national census, unless
otherwise specially provided.
(t) "Property" includes both real and personal property.
(u) "Review board," "review commission," or "review council" means a board, commission,
or council that:
(i) possesses a portion of the sovereign power of the state only to the extent to enable it to
approve policy made for the benefit of the general public by another body or person;
(ii) is created by and whose duties are provided by statute;
(iii) performs its duties according to its own rules without supervision other than under the
general control of another person as provided by statute; and
(iv) is permanent and continuous and not temporary and occasional.
(v) "Sheriff," "county attorney," "district attorney," "clerk," or other words used to denote
an executive or ministerial officer, may include any deputy, or other person performing the duties
of such officer, either generally or in special cases; and the words "county clerk" may be held to
include "clerk of the district court."
(w) "Signature" includes any name, mark, or sign written with the intent to authenticate any
instrument or writing.
(x) "State," when applied to the different parts of the United States, includes the District of
Columbia and the territories; and the words "United States" may include the District and the
territories.
(y) "Town" may mean incorporated town and may include city, and the word "city" may
mean incorporated town.
(z) "Vessel," when used with reference to shipping, includes steamboats, canal boats, and
every structure adapted to be navigated from place to place.
(aa) "Will" includes codicils.
(bb) "Writ" means an order or precept in writing, issued in the name of the state or of a court
or judicial officer; and "process" means a writ or summons issued in the course of judicial
proceedings.
(cc) "Writing" includes printing, handwriting, and typewriting.
Section 85. Section 73-1-10 is amended to read:
73-1-10. Conveyance of water rights -- Deed -- Exceptions -- Filing and recording of
deed -- Report of water right conveyance.
(1) (a) A water right, whether evidenced by a decree, a certificate of appropriation, a
diligence claim to the use of surface or underground water, or a water user's claim filed in general
determination proceedings, shall be transferred by deed in substantially the same manner as is real
estate.
(b) The deed must be recorded in the office of the recorder of the county where the point of
diversion of the water is located and in the county where the water is used.
[
[
[
office of the county recorder constitute notice of its contents to all persons.
(2) The right to the use of water evidenced by shares of stock in a corporation shall be
transferred in accordance with the procedures applicable to securities set forth in Title 70A, Chapter
8, Uniform Commercial Code - Investment Securities.
(3) (a) To update water right ownership on the records of the state engineer, a water right
owner shall submit a report of water right conveyance to the state engineer.
(b) The report of water right conveyance shall be on forms provided by the state engineer.
(c) The report shall be prepared by:
(i) or prepared under the direction of and certified by, any of the following persons licensed
in Utah:
(A) an attorney;
(B) a professional engineer;
(C) a title insurance agent; or
(D) a professional land surveyor; or
(ii) the water right owner as authorized by rule of the state engineer.
(d) The filing and processing of a report of water right conveyance with the state engineer
is neither an adjudication of water right ownership nor an opinion as to title or validity of the water
right.
(e) The state engineer shall adopt rules that specify:
(i) the information required in a report of water right conveyance; and
(ii) the procedures for processing the reports.
Section 86. Section 78-12-29 is amended to read:
78-12-29. Within one year.
An action may be brought within one year:
(1) for liability created by the statutes of a foreign state;
(2) upon a statute for a penalty or forfeiture where the action is given to an individual, or to
an individual and the state, except when the statute imposing it prescribes a different limitation;
(3) upon a statute, or upon an undertaking in a criminal action, for a forfeiture or penalty to
the state;
(4) for libel, slander, assault, battery, false imprisonment, or seduction;
(5) against a sheriff or other officer for the escape of a prisoner arrested or imprisoned upon
either civil or criminal process;
(6) against a municipal corporation for damages or injuries to property caused by a mob or
riot;
(7) on a claim for relief or a cause of action under the following sections of Title 25, Chapter
6, Uniform Fraudulent Transfer Act:
(a) Subsection 25-6-5 (1)(a), which in specific situations limits the time for action to four
years, under Section 25-6-10 ; or
(b) Subsection 25-6-6 (2)[
(8) except as otherwise expressly provided by statute, against a county legislative body or
a county executive to challenge a decision of the county legislative body or county executive,
respectively.
Section 87. Repealer.
This act repeals:
Section 17-5-213, Powers of legislative body -- Supervision of other officers.
Section 17-23-4, Duty respecting maps filed for record.
Section 17-24-17, Suspension of treasurer.
Section 17-52-503, County executive and chief administrative officer-council form of
county government.
Section 17-52-506, Council-county administrative officer form of county government.
Section 59-2-1367, Duty of county treasurer.
Section 59-2-1368, Delict of county treasurer -- Penalty.
Section 59-2-1369, Duty of county auditor -- Report to state treasurer.
Section 59-2-1370, State auditor and state treasurer to receive duplicate copies.
Section 59-2-1371, Delict of county auditor -- Penalty.
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