H.B. 199 Enrolled

1

MUNICIPAL CLERK AND RECORDER
2 RESPONSIBILITIES
3 2010 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Bradley G. Last
6 Senate Sponsor: Dennis E. Stowell
7
8 LONG TITLE
9 General Description:
10 This bill modifies provisions relating to municipal clerks and recorders.
11 Highlighted Provisions:
12 This bill:
13 . authorizes the legislative body of a town to establish a director of finance position;
14 . eliminates a requirement that cities operating under an optional form of
15 government establish a director of finance position;
16 . clarifies the appointment and removal of a director of finance; and
17 . makes technical changes.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 10-5-123, as last amended by Laws of Utah 2004, Chapter 206
25 10-6-157, as last amended by Laws of Utah 2003, Chapter 292
26
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 10-5-123 is amended to read:
29 10-5-123. Fund records maintained -- Pre-audit of claims and demands --

30 Certifications on check copy -- Bids received and advertisement records -- Time for
31 keeping.
32 (1) [The] Except to the extent that the town clerk's financial duties and responsibilities
33 are performed by a director of finance appointed pursuant to a resolution or ordinance adopted
34 under Subsection 10-6-157 (1), the town clerk shall:
35 (a) maintain the general books for each fund of the town and all subsidiary records
36 relating [thereto] to each fund, including a list of the outstanding bonds, their purpose,
37 amount, terms, date, and place payable[.]; and
38 [(2) The town clerk shall preaudit all claims and demands]
39 (b) (i) pre-audit each claim and demand against the town before [they are] it is
40 allowed[, and shall];
41 (ii) prepare the necessary [checks] check in payment[. The town clerk shall] of the
42 claim or demand; and
43 (iii) certify on the [voucher or] check copy[, as appropriate,] that:
44 [(a)] (A) the claim or demand has been [preaudited] pre-audited and documented;
45 [(b)] (B) the claim or demand has been directly approved by the council;
46 [(c)] (C) the claim or demand is within the lawful debt limit of the town; and
47 [(d)] (D) the claim or demand does not overexpend the appropriate departmental
48 budget established by the [council] legislative body.
49 [(3) Whenever any] (2) If a town is required by law to receive bids for purchases,
50 construction, repairs, or any other purpose requiring the expenditure of funds, [that] the town
51 shall keep on file all bids received, together with proof of advertisement by publication or
52 otherwise, for:
53 (a) at least three years following the letting of any contract pursuant to those bids; or
54 (b) three years following the first advertisement for the bids, if all bids pursuant to that
55 advertisement are rejected.
56 Section 2. Section 10-6-157 is amended to read:
57 10-6-157. Director of finance in certain cities and towns.

58 (1) The [governing] legislative body of a city of the third, fourth, or fifth class or of a
59 town may, [and the cities under an optional form of city government shall,] by resolution or
60 ordinance, create a director of finance position to perform the financial duties and
61 responsibilities of the city recorder [in third, fourth, and fifth class cities or the city auditor in
62 first and second class cities] or town clerk, as the case may be, as established by this chapter.
63 [The]
64 (2) A director of finance:
65 (a) shall be:
66 (i) a qualified person; and
67 (ii) appointed and removed by the mayor, with the advice and consent of the
68 [governing] legislative body[,]; and
69 (b) may not assume the duties of the city or town treasurer.
70 (3) The [governing] legislative body may [also] adopt the financial administrative
71 duties of the director of finance prescribed in the Uniform Accounting Manual for Utah Cities.