First Substitute H.B. 87

Representative Stephen D. Clark proposes the following substitute bill:

1 CLAIMS AGAINST A COUNTY
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Stephen D. Clark
5
6 LONG TITLE
7 General Description:
8 This bill modifies provisions related to claims against counties.
9 Highlighted Provisions:
10 This bill:
11 . requires counties to prepare and provide to claimants and potential claimants a
12 written explanation of how to submit a claim and the county's claims handling
13 process.
14 Monies Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 17-50-401, as last amended by Chapter 267, Laws of Utah 2004
21
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 17-50-401 is amended to read:
24 17-50-401. Review of claims by county executive -- Auditor review -- Attorney
25 review -- Claim requirements -- Approval or disapproval of claim.

26 (1) Subject to Subsection (3), each county executive shall review each claim against
27 the county and disapprove or, if payment appears to the county executive to be just, lawful, and
28 properly due and owing, approve the claim.
29 (2) Upon receiving a notice of claim under Section 63-30d-401 , the county clerk shall
30 deliver the notice of claim to the county executive.
31 (3) (a) The county executive shall forward all claims regarding liability to the county
32 attorney, or, in a county that has a district attorney but not a county attorney, to the district
33 attorney for the attorney's review and recommendation to the county executive regarding
34 liability and payment.
35 (b) Except as provided in Section 17-50-405 , the county executive shall forward all
36 claims requesting payment for goods or services to the county auditor for the auditor's review
37 and recommendation to the county executive.
38 (4) Each claim for goods or services against a county shall:
39 (a) itemize the claim, giving applicable names, dates, and particular goods provided or
40 services rendered;
41 (b) if the claim is for service of process, state the character of process served, upon
42 whom served, the number of days engaged, and the number of miles traveled;
43 (c) be duly substantiated as to its correctness and as to the fact that it is justly due;
44 (d) if the claim is for materials furnished, state to whom the materials were furnished,
45 by whom ordered, and the quantity and price agreed upon; and
46 (e) be presented to the county executive within a year after the last item of the account
47 or credit accrued.
48 (5) If the county executive refuses to hear or consider a claim because it is not properly
49 made out, the county executive shall cause notice of the refusal to be given to the claimant or
50 the claimant's agent and shall allow a reasonable amount of time for the claim to be properly
51 itemized and substantiated.
52 (6) Each county shall prepare and make available to a person submitting or intending to
53 submit a claim under this part a written explanation, in simple and easy to understand language,
54 of how to submit a claim to the county and of the county's process for receiving, reviewing, and
55 deciding a claim.
56 [(6)] (7) Nothing in this section may be construed to modify the requirements of

57 Section 63-30d-401 .