S.B. 153

1

LOCAL GOVERNMENT BOARDS OF
2 EXAMINERS
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: James M. Evans
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to Counties and the Utah Municipal Code to
10 establish county and city boards of examiners.
11 Highlighted Provisions:
12 This bill:
13 . establishes county and city boards of examiners;
14 . provides for board membership, powers, meetings, and procedures;
15 . authorizes the filing of a claim with the board of examiners and establishes
16 procedures for considering and reporting on a claim;
17 . provides for limits on the kinds of claims that can be considered by the board;
18 . authorizes the board to establish rules to govern appeals from the board of
19 examiners to the legislative body of the county or city; and
20 . authorizes counties and cities to pay claims presented to the board of examiners and
21 approved by the legislative body.
22 Monies Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 ENACTS:

28 10-3-1401, Utah Code Annotated 1953
29 10-3-1402, Utah Code Annotated 1953
30 10-3-1403, Utah Code Annotated 1953
31 10-3-1404, Utah Code Annotated 1953
32 10-3-1405, Utah Code Annotated 1953
33 10-3-1406, Utah Code Annotated 1953
34 17-44-101, Utah Code Annotated 1953
35 17-44-102, Utah Code Annotated 1953
36 17-44-103, Utah Code Annotated 1953
37 17-44-104, Utah Code Annotated 1953
38 17-44-105, Utah Code Annotated 1953
39 17-44-106, Utah Code Annotated 1953
40 17-44-107, Utah Code Annotated 1953
41
42 Be it enacted by the Legislature of the state of Utah:
43 Section 1. Section 10-3-1401 is enacted to read:
44 Part 14. City Board of Examiners
45 10-3-1401. City board of examiners -- Members -- Officers -- Meetings -- Records
46 -- Rules.
47 (1) (a) The mayor and two members of the legislative body of a city, chosen by the
48 legislative body, shall constitute a city board of examiners.
49 (b) (i) The mayor shall be the president of the board of examiners and shall designate
50 one of the two legislative body members as the secretary of the board.
51 (ii) In the absence of either the president or secretary, an officer pro tempore may be
52 elected from the members of the board.
53 (2) A meeting of the board of examiners shall be held upon the call of the president or
54 any two members of the board.
55 (3) The board shall keep a record of all its proceedings. Any member of the board may
56 have the member's dissent to the action of a majority of the board entered upon the record.
57 (4) The board may establish rules, not inconsistent with law, to govern its proceedings.
58 Section 2. Section 10-3-1402 is enacted to read:

59 10-3-1402. Powers of board of examiners -- Claim to be first considered by board
60 of examiners.
61 (1) A city board of examiners may examine all claims against the city for the payment
62 of which the city has not provided funds or the settlement of which is not otherwise provided
63 for by law.
64 (2) No claim against the city for the payment of which specifically designated funds are
65 required to be allocated by the city legislative body may be passed upon by the city legislative
66 body without having been considered and acted upon by the city board of examiners.
67 Section 3. Section 10-3-1403 is enacted to read:
68 10-3-1403. Issuance of subpoenas -- Administering oaths, examining witnesses,
69 and taking depositions -- Witness fees.
70 (1) The president of the board may issue subpoenas and compel the attendance of
71 witnesses and the production of books, papers, and things before the board or any member of
72 the board.
73 (2) Any member of the board may:
74 (a) administer oaths;
75 (b) examine witnesses; and
76 (c) take depositions to be used before the board.
77 (3) (a) Within the city's budget constraints, the board may allow a reasonable fee to a
78 witness subpoenaed before the board to testify against a claim pending before the board, but
79 may not allow a fee to a witness who has appeared in behalf of a claimant.
80 (b) A fee under Subsection (3)(a) may not exceed the fee allowed by law to a witness
81 in a civil case.
82 Section 4. Section 10-3-1404 is enacted to read:
83 10-3-1404. Presenting claim to board of examiners -- Statement showing facts of
84 claim -- Abstract of claims.
85 (1) A person with a claim against the city for the payment of which the city has not
86 provided funds or the settlement of which is not otherwise provided for by law may present the
87 claim to the city board of examiners.
88 (2) Each claim presented to the board of examiners under Subsection (1) shall be
89 accompanied by a statement showing the facts constituting the claim.

90 (3) Before the board of examiners may act upon a claim, an abstract of claims shall be
91 entered upon the minutes of the board.
92 Section 5. Section 10-3-1405 is enacted to read:
93 10-3-1405. Board meetings to consider claims -- Notice -- Adjournment from time
94 to time.
95 (1) The board of examiners shall meet as needed to consider claims presented under
96 Section 10-3-1404 .
97 (2) The board shall cause notice of each meeting under Subsection (1) to be published
98 in a newspaper of general circulation within the city.
99 (3) At a meeting under Subsection (1), the board:
100 (a) shall examine and adjust claims presented under Section 10-3-1404 ; and
101 (b) may hear evidence in support of or against the claims.
102 (4) The board may adjourn a meeting under Subsection (1) from time to time until the
103 board has completed its work of examining and adjusting the claim.
104 Section 6. Section 10-3-1406 is enacted to read:
105 10-3-1406. Board findings and recommendations on claim -- Report to city
106 legislative body -- Publishing abstract of claims -- Limit on reconsidering claims --
107 Appeal.
108 (1) After examining and adjusting a claim under Section 10-3-1405 , the board of
109 examiners shall report to the city legislative body the board's factual findings and
110 recommendations concerning the claim.
111 (2) In making a recommendation under Subsection (1), the board may state and use any
112 official or personal knowledge that any member of the board has regarding the claim.
113 (3) (a) The board shall report to the city legislative body under Subsection (1) each
114 claim for which the city would be liable except for governmental immunity, whether the board
115 recommends approval or disapproval of the claim.
116 (b) The board may not pass upon or send to the city legislative body a claim for which
117 the city would not be liable even without governmental immunity.
118 (4) The board may establish rules to govern any appeal from a board decision to the
119 city legislative body.
120 (5) A city may pay a claim presented to the city board of examiners under this part and

121 approved by the city legislative body.
122 Section 7. Section 17-44-101 is enacted to read:
123 CHAPTER 44. COUNTY BOARD OF EXAMINERS
124 17-44-101. Title.
125 This chapter is known as the "County Board of Examiners."
126 Section 8. Section 17-44-102 is enacted to read:
127 17-44-102. County board of examiners -- Members -- Officers -- Meetings --
128 Records -- Rules.
129 (1) (a) The county auditor, county attorney, and county treasurer shall constitute a
130 county board of examiners.
131 (b) (i) The county auditor shall be the president of the board of examiners and the
132 county attorney shall be the secretary.
133 (ii) In the absence of either the president or secretary, an officer pro tempore may be
134 elected from the members of the board.
135 (2) A meeting of the board of examiners shall be held upon the call of the president or
136 any two members of the board.
137 (3) The board shall keep a record of all its proceedings. Any member of the board may
138 have the member's dissent to the action of a majority of the board entered upon the record.
139 (4) The board may establish rules, not inconsistent with law, to govern its proceedings.
140 Section 9. Section 17-44-103 is enacted to read:
141 17-44-103. Powers of board of examiners -- Claim to be first considered by board
142 of examiners.
143 (1) A county board of examiners may examine all claims against the county for the
144 payment of which the county has not provided funds or the settlement of which is not
145 otherwise provided for by law.
146 (2) No claim against the county for the payment of which specifically designated funds
147 are required to be allocated by the county legislative body may be passed upon by the county
148 legislative body without having been considered and acted upon by the county board of
149 examiners.
150 Section 10. Section 17-44-104 is enacted to read:
151 17-44-104. Issuance of subpoenas -- Administering oaths, examining witnesses,

152 and taking depositions -- Witness fees.
153 (1) The president of the board may issue subpoenas and compel the attendance of
154 witnesses and the production of books, papers, and things before the board or any member of
155 the board.
156 (2) Any member of the board may:
157 (a) administer oaths;
158 (b) examine witnesses; and
159 (c) take depositions to be used before the board.
160 (3) (a) Within the county's budget constraints, the board may allow a reasonable fee to
161 a witness subpoenaed before the board to testify against a claim pending before the board, but
162 may not allow a fee to a witness who has appeared in behalf of a claimant.
163 (b) A fee under Subsection (3)(a) may not exceed the fee allowed by law to a witness
164 in a civil case.
165 Section 11. Section 17-44-105 is enacted to read:
166 17-44-105. Presenting claim to board of examiners -- Statement showing facts of
167 claim -- Abstract of claims.
168 (1) A person with a claim against the county for the payment of which the county has
169 not provided funds or the settlement of which is not otherwise provided for by law may present
170 the claim to the county board of examiners.
171 (2) Each claim presented to the board of examiners under Subsection (1) shall be
172 accompanied by a statement showing the facts constituting the claim.
173 (3) Before the board of examiners may act upon a claim, an abstract of claims shall be
174 entered upon the minutes of the board.
175 Section 12. Section 17-44-106 is enacted to read:
176 17-44-106. Board meetings to consider claims -- Notice -- Adjournment from time
177 to time.
178 (1) The board of examiners shall meet as needed to consider claims presented under
179 Section 17-44-105 .
180 (2) The board shall cause notice of each meeting under Subsection (1) to be published
181 in a newspaper of general circulation within the county.
182 (3) At a meeting under Subsection (1), the board:

183 (a) shall examine and adjust claims presented under Section 17-44-105 ; and
184 (b) may hear evidence in support of or against the claims.
185 (4) The board may adjourn a meeting under Subsection (1) from time to time until the
186 board has completed its work of examining and adjusting the claim.
187 Section 13. Section 17-44-107 is enacted to read:
188 17-44-107. Board findings and recommendations on claim -- Report to county
189 legislative body -- Publishing abstract of claims -- Limit on reconsidering claims --
190 Appeal.
191 (1) After examining and adjusting a claim under Section 17-44-106 , the board of
192 examiners shall report to the county legislative body the board's factual findings and
193 recommendations concerning the claim.
194 (2) In making a recommendation under Subsection (1), the board may state and use any
195 official or personal knowledge that any member of the board has regarding the claim.
196 (3) (a) The board shall report to the county legislative body under Subsection (1) each
197 claim for which the county would be liable except for governmental immunity, whether the
198 board recommends approval or disapproval of the claim.
199 (b) The board may not pass upon or send to the county legislative body a claim for
200 which the county would not be liable even without governmental immunity.
201 (4) The board may establish rules to govern any appeal from a board decision to the
202 county legislative body.
203 (5) A county may pay a claim presented to the county board of examiners under this
204 part and approved by the county legislative body.




Legislative Review Note
as of 1-21-04 11:40 AM

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

Office of Legislative Research and General Counsel