Second Substitute S.B. 56

Senator James M. Evans proposes the following substitute bill:

1 LOCAL GOVERNMENT BOARDS OF EXAMINERS
2 2003 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: James M. Evans
5 This act modifies provisions relating to Counties and the Utah Municipal Code to
6 establish county and city boards of examiners. The act provides for board membership,
7 powers, meetings, and procedures. The act authorizes the filing of a claim with the board
8 of examiners and establishes procedures for considering and reporting on a claim. The
9 act provides for limits on the kinds of claims that can be considered by the board. The
10 act authorizes the board to establish rules to govern appeals from the board of examiners
11 to the legislative body of the county or city. The act authorizes counties and cities to pay
12 claims presented to the board of examiners and approved by the legislative body.
13 This act affects sections of Utah Code Annotated 1953 as follows:
14 ENACTS:
15 10-3-1401, Utah Code Annotated 1953
16 10-3-1402, Utah Code Annotated 1953
17 10-3-1403, Utah Code Annotated 1953
18 10-3-1404, Utah Code Annotated 1953
19 10-3-1405, Utah Code Annotated 1953
20 10-3-1406, Utah Code Annotated 1953
21 17-43-101, Utah Code Annotated 1953
22 17-43-102, Utah Code Annotated 1953
23 17-43-103, Utah Code Annotated 1953
24 17-43-104, Utah Code Annotated 1953
25 17-43-105, Utah Code Annotated 1953

26 17-43-106, Utah Code Annotated 1953
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 10-3-1401 is enacted to read:
29 Part 14. City Board of Examiners
30 10-3-1401. City board of examiners -- Members -- Officers -- Meetings -- Records
31 -- Rules.
32 (1) (a) The mayor and two members of the legislative body of a city, chosen by the
33 legislative body, shall constitute a city board of examiners.
34 (b) (i) The mayor shall be the president of the board of examiners and shall designate
35 one of the two legislative body members as the secretary of the board.
36 (ii) In the absence of either the president or secretary, an officer pro tempore may be
37 elected from the members of the board.
38 (2) A meeting of the board of examiners shall be held upon the call of the president or
39 any two members of the board.
40 (3) The board shall keep a record of all its proceedings. Any member of the board may
41 have the member's dissent to the action of a majority of the board entered upon the record.
42 (4) The board may establish rules, not inconsistent with law, to govern its proceedings.
43 Section 2. Section 10-3-1402 is enacted to read:
44 10-3-1402. Powers of board of examiners -- Claim to be first considered by board
45 of examiners.
46 (1) A city board of examiners may examine all claims against the city for the payment
47 of which the city has not provided funds or the settlement of which is not otherwise provided
48 for by law.
49 (2) No claim against the city for the payment of which specifically designated funds are
50 required to be allocated by the city legislative body may be passed upon by the city legislative
51 body without having been considered and acted upon by the city board of examiners.
52 Section 3. Section 10-3-1403 is enacted to read:
53 10-3-1403. Issuance of subpoenas -- Administering oaths, examining witnesses,
54 and taking depositions -- Witness fees.
55 (1) The president of the board may issue subpoenas and compel the attendance of
56 witnesses and the production of books, papers, and things before the board or any member of

57 the board.
58 (2) Any member of the board may:
59 (a) administer oaths;
60 (b) examine witnesses; and
61 (c) take depositions to be used before the board.
62 (3) (a) Within the city's budget constraints, the board may allow a reasonable fee to a
63 witness subpoenaed before the board to testify against a claim pending before the board, but
64 may not allow a fee to a witness who has appeared in behalf of a claimant.
65 (b) A fee under Subsection (3)(a) may not exceed the fee allowed by law to a witness
66 in a civil case.
67 Section 4. Section 10-3-1404 is enacted to read:
68 10-3-1404. Presenting claim to board of examiners -- Statement showing facts of
69 claim -- Abstract of claims.
70 (1) A person with a claim against the city for the payment of which the city has not
71 provided funds or the settlement of which is not otherwise provided for by law may present the
72 claim to the city board of examiners.
73 (2) Each claim presented to the board of examiners under Subsection (1) shall be
74 accompanied by a statement showing the facts constituting the claim.
75 (3) Before the board of examiners may act upon a claim, an abstract of claims shall be
76 entered upon the minutes of the board.
77 Section 5. Section 10-3-1405 is enacted to read:
78 10-3-1405. Board meetings to consider claims -- Notice -- Adjournment from time
79 to time.
80 (1) The board of examiners shall meet as needed to consider claims presented under
81 Section 10-3-1404 .
82 (2) The board shall cause notice of each meeting under Subsection (1) to be published
83 in a newspaper of general circulation within the city.
84 (3) At a meeting under Subsection (1), the board:
85 (a) shall examine and adjust claims presented under Section 10-3-1404 ; and
86 (b) may hear evidence in support of or against the claims.
87 (4) The board may adjourn a meeting under Subsection (1) from time to time until the

88 board has completed its work of examining and adjusting the claim.
89 Section 6. Section 10-3-1406 is enacted to read:
90 10-3-1406. Board findings and recommendations on claim -- Report to city
91 legislative body -- Publishing abstract of claims -- Limit on reconsidering claims --
92 Appeal.
93 (1) After examining and adjusting a claim under Section 10-3-1405 , the board of
94 examiners shall report to the city legislative body the board's factual findings and
95 recommendations concerning the claim.
96 (2) In making a recommendation under Subsection (1), the board may state and use any
97 official or personal knowledge that any member of the board has regarding the claim.
98 (3) (a) The board shall report to the city legislative body under Subsection (1) each
99 claim for which the city would be liable except for governmental immunity, whether the board
100 recommends approval or disapproval of the claim.
101 (b) The board may not pass upon or send to the city legislative body a claim for which
102 the city would not be liable even without governmental immunity.
103 (4) The board may establish rules to govern any appeal from a board decision to the
104 city legislative body.
105 (5) A city may pay a claim presented to the city board of examiners under this part and
106 approved by the city legislative body.
107 Section 7. Section 17-43-101 is enacted to read:
108 CHAPTER 43. COUNTY BOARD OF EXAMINERS
109 17-43-101. County board of examiners -- Members -- Officers -- Meetings --
110 Records -- Rules.
111 (1) (a) (i) In a county operating under the county executive-council form of government
112 under Section 17-52-504 , the county executive, one member of the county legislative body,
113 chosen by the legislative body, and the county attorney shall constitute a county board of
114 examiners.
115 (ii) In a county operating under a form of government other than a county
116 executive-council form under Section 17-52-504 , two members of the county legislative body,
117 chosen by the legislative body, and the county attorney shall constitute a county board of
118 examiners.

119 (b) (i) (A) For a board of examiners under Subsection (1)(a)(i), the county executive
120 shall be the president of the board of examiners and the county legislative body member shall
121 be the secretary of the board.
122 (B) For a board of examiners under Subsection (1)(a)(ii), one of the county legislative
123 body members, designated by the legislative body, shall be the president of the board of
124 examiners and the county attorney shall be the secretary.
125 (ii) In the absence of either the president or secretary, an officer pro tempore may be
126 elected from the members of the board.
127 (2) A meeting of the board of examiners shall be held upon the call of the president or
128 any two members of the board.
129 (3) The board shall keep a record of all its proceedings. Any member of the board may
130 have the member's dissent to the action of a majority of the board entered upon the record.
131 (4) The board may establish rules, not inconsistent with law, to govern its proceedings.
132 Section 8. Section 17-43-102 is enacted to read:
133 17-43-102. Powers of board of examiners -- Claim to be first considered by board
134 of examiners.
135 (1) A county board of examiners may examine all claims against the county for the
136 payment of which the county has not provided funds or the settlement of which is not
137 otherwise provided for by law.
138 (2) No claim against the county for the payment of which specifically designated funds
139 are required to be allocated by the county legislative body may be passed upon by the county
140 legislative body without having been considered and acted upon by the county board of
141 examiners.
142 Section 9. Section 17-43-103 is enacted to read:
143 17-43-103. Issuance of subpoenas -- Administering oaths, examining witnesses,
144 and taking depositions -- Witness fees.
145 (1) The president of the board may issue subpoenas and compel the attendance of
146 witnesses and the production of books, papers, and things before the board or any member of
147 the board.
148 (2) Any member of the board may:
149 (a) administer oaths;

150 (b) examine witnesses; and
151 (c) take depositions to be used before the board.
152 (3) (a) Within the county's budget constraints, the board may allow a reasonable fee to
153 a witness subpoenaed before the board to testify against a claim pending before the board, but
154 may not allow a fee to a witness who has appeared in behalf of a claimant.
155 (b) A fee under Subsection (3)(a) may not exceed the fee allowed by law to a witness
156 in a civil case.
157 Section 10. Section 17-43-104 is enacted to read:
158 17-43-104. Presenting claim to board of examiners -- Statement showing facts of
159 claim -- Abstract of claims.
160 (1) A person with a claim against the county for the payment of which the county has
161 not provided funds or the settlement of which is not otherwise provided for by law may present
162 the claim to the county board of examiners.
163 (2) Each claim presented to the board of examiners under Subsection (1) shall be
164 accompanied by a statement showing the facts constituting the claim.
165 (3) Before the board of examiners may act upon a claim, an abstract of claims shall be
166 entered upon the minutes of the board.
167 Section 11. Section 17-43-105 is enacted to read:
168 17-43-105. Board meetings to consider claims -- Notice -- Adjournment from time
169 to time.
170 (1) The board of examiners shall meet as needed to consider claims presented under
171 Section 17-43-104 .
172 (2) The board shall cause notice of each meeting under Subsection (1) to be published
173 in a newspaper of general circulation within the county.
174 (3) At a meeting under Subsection (1), the board:
175 (a) shall examine and adjust claims presented under Section 17-43-104 ; and
176 (b) may hear evidence in support of or against the claims.
177 (4) The board may adjourn a meeting under Subsection (1) from time to time until the
178 board has completed its work of examining and adjusting the claim.
179 Section 12. Section 17-43-106 is enacted to read:
180 17-43-106. Board findings and recommendations on claim -- Report to county

181 legislative body -- Publishing abstract of claims -- Limit on reconsidering claims --
182 Appeal.
183 (1) After examining and adjusting a claim under Section 17-43-105 , the board of
184 examiners shall report to the county legislative body the board's factual findings and
185 recommendations concerning the claim.
186 (2) In making a recommendation under Subsection (1), the board may state and use any
187 official or personal knowledge that any member of the board has regarding the claim.
188 (3) (a) The board shall report to the county legislative body under Subsection (1) each
189 claim for which the county would be liable except for governmental immunity, whether the
190 board recommends approval or disapproval of the claim.
191 (b) The board may not pass upon or send to the county legislative body a claim for
192 which the county would not be liable even without governmental immunity.
193 (4) The board may establish rules to govern any appeal from a board decision to the
194 county legislative body.
195 (5) A county may pay a claim presented to the county board of examiners under this
196 part and approved by the county legislative body.