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H.B. 26






Sponsor: David N. Cox

             6      This act modifies the County Code by making a technical correction relating to
             7      investigations by the county legislative body.
             8      This act affects sections of Utah Code Annotated 1953 as follows:
             9      AMENDS:
             10          17-53-106, as enacted by Chapter 241, Laws of Utah 2001
             11      Be it enacted by the Legislature of the state of Utah:
             12          Section 1. Section 17-53-106 is amended to read:
             13           17-53-106. Supervision of county elected officers -- Legislative body and executive
             14      may examine and audit accounts and conduct investigation.
             15          (1) For purposes of this section, "professional duties" means a county elected officer's
             16      functions, duties, and responsibilities specifically provided for by law and includes:
             17          (a) the exercise of professional judgment and discretion reasonably related to the officer's
             18      required functions, duties, and responsibilities; and
             19          (b) the management of deputies and other employees under the supervision of the elected
             20      officer under statute or county ordinance, policy, or regulation.
             21          (2) (a) A county legislative body and a county executive each:
             22          (i) may generally direct and supervise all elected county officers and employees to ensure
             23      compliance with general county administrative ordinances, rules, or policies;
             24          (ii) may not direct or supervise other elected county officers or their sworn deputies with
             25      respect to the performance of the professional duties of the officers or deputies;
             26          (iii) may examine and audit the accounts of all county officers having the care,
             27      management, collection, or distribution of monies belonging to the county, appropriated to the

             28      county, or otherwise available for the county's use and benefit; and
             29          (iv) may investigate any matter pertaining to a county officer or to the county or its
             30      business or affairs, and may require the attendance of witnesses and take evidence in any such
             31      investigation.
             32          (b) In an investigation under Subsection (2)(a)(iv):
             33          (i) the county executive or any member of the county legislative body may issue subpoenas
             34      and administer oaths to witnesses; and
             35          (ii) if the county legislative body [issues subpoenas and] appoints members of the
             36      legislative body as a committee and confers on the committee power to hear or take evidence, the
             37      committee shall have the same power as the full county legislative body.
             38          (3) Nothing in this section may be construed to prohibit the county executive or county
             39      legislative body from initiating an action for removal or prosecution of an elected county officer
             40      as provided by statute.

Legislative Review Note
    as of 11-14-01 5:34 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

Committee Note

The Political Subdivisions Interim Committee recommended this bill.

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