H.B. 87 Enrolled

CLAIMS AGAINST A COUNTY
2005 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephen D. Clark
Senate Sponsor: Scott K. Jenkins

LONG TITLE
General Description:
This bill modifies provisions related to claims against counties.
Highlighted Provisions:
This bill:
. requires counties to prepare and provide to claimants and potential claimants a
written explanation of how to submit a claim and the county's claims handling
process.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
17-50-401, as last amended by Chapter 267, Laws of Utah 2004

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 17-50-401 is amended to read:
17-50-401. Review of claims by county executive -- Auditor review -- Attorney
review -- Claim requirements -- Approval or disapproval of claim -- Written explanation
of claim process.
(1) Subject to Subsection (3), each county executive shall review each claim against
the county and disapprove or, if payment appears to the county executive to be just, lawful, and

properly due and owing, approve the claim.
(2) Upon receiving a notice of claim under Section 63-30d-401 , the county clerk shall
deliver the notice of claim to the county executive.
(3) (a) The county executive shall forward all claims regarding liability to the county
attorney, or, in a county that has a district attorney but not a county attorney, to the district
attorney for the attorney's review and recommendation to the county executive regarding liability
and payment.
(b) Except as provided in Section 17-50-405 , the county executive shall forward all
claims requesting payment for goods or services to the county auditor for the auditor's review and
recommendation to the county executive.
(4) Each claim for goods or services against a county shall:
(a) itemize the claim, giving applicable names, dates, and particular goods provided or
services rendered;
(b) if the claim is for service of process, state the character of process served, upon
whom served, the number of days engaged, and the number of miles traveled;
(c) be duly substantiated as to its correctness and as to the fact that it is justly due;
(d) if the claim is for materials furnished, state to whom the materials were furnished, by
whom ordered, and the quantity and price agreed upon; and
(e) be presented to the county executive within a year after the last item of the account or
credit accrued.
(5) If the county executive refuses to hear or consider a claim because it is not properly
made out, the county executive shall cause notice of the refusal to be given to the claimant or the
claimant's agent and shall allow a reasonable amount of time for the claim to be properly
itemized and substantiated.
(6) Each county shall prepare and make available to a person submitting or intending to
submit a claim under this part a written explanation, in simple and easy to understand language,
of how to submit a claim to the county and of the county's process for receiving, reviewing, and
deciding a claim.

[(6)] (7) Nothing in this section may be construed to modify the requirements of Section
63-30d-401 .