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H.B. 26 Enrolled






Sponsor: David N. Cox

                  This act modifies the County Code by making a technical correction relating to
                  investigations by the county legislative body.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                      17-53-106, as enacted by Chapter 241, Laws of Utah 2001
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 17-53-106 is amended 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
                      (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.

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