1     
SHERIFF AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Paul Ray

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions regarding a sheriff.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     updates outdated language;
14          ▸     amends the composition of the merit system commission to include members who a
15     sheriff appoints;
16          ▸     clarifies a sheriff's professional duties with which a county legislative body and
17     county executive may not directly interfere;
18          ▸     removes the ability of a county legislative body to prescribe to a sheriff the manner
19     in which the sheriff cares for prisoners;
20          ▸     clarifies a sheriff's authority;
21          ▸     allows a sheriff to appoint outside legal counsel under certain conditions;
22          ▸     allows a sheriff to contract to provide the sheriff's services and requires a county
23     legislative body to appropriate revenue from the contract to the sheriff's budget;
24          ▸     allows a sheriff to take certain action within the sheriff's budget during a budget
25     year without approval from the budget officer or county legislative body; and
26          ▸     makes technical and conforming changes.
27     Money Appropriated in this Bill:

28          None
29     Other Special Clauses:
30          This bill provides a special effective date.
31     Utah Code Sections Affected:
32     AMENDS:
33          17-16-7, as last amended by Laws of Utah 2001, Chapter 241
34          17-22-2, as last amended by Laws of Utah 2017, Chapter 459
35          17-22-2.5, as last amended by Laws of Utah 2011, Chapters 67 and 340
36          17-22-5.5, as last amended by Laws of Utah 2014, Chapter 120
37          17-22-8, as last amended by Laws of Utah 2011, Chapter 64
38          17-22-31, as enacted by Laws of Utah 2014, Chapter 333
39          17-30-2, as last amended by Laws of Utah 2014, Chapter 366
40          17-30-7, as enacted by Statewide Initiative A, Nov. 8, 1960
41          17-30-9, as enacted by Statewide Initiative A, Nov. 8, 1960
42          17-30-11, as last amended by Laws of Utah 2007, Chapter 149
43          17-30-17, as enacted by Statewide Initiative A, Nov. 8, 1960
44          17-30-18, as enacted by Statewide Initiative A, Nov. 8, 1960
45          17-30-19, as last amended by Laws of Utah 2000, Chapter 151
46          17-30-21, as enacted by Statewide Initiative A, Nov. 8, 1960
47          17-30-24, as last amended by Laws of Utah 1993, Chapter 227
48          17-30a-102, as enacted by Laws of Utah 2014, Chapter 366
49          17-30a-202, as enacted by Laws of Utah 2014, Chapter 366
50          17-36-22, as last amended by Laws of Utah 2009, Chapter 186
51          17-53-106, as last amended by Laws of Utah 2002, Chapters 11 and 185
52          53-13-105, as last amended by Laws of Utah 2016, Chapter 300
53     ENACTS:
54          17-22-32, Utah Code Annotated 1953
55          17-22-33, Utah Code Annotated 1953
56     REPEALS AND REENACTS:
57          17-30-1, as last amended by Laws of Utah 2009, Chapter 218
58          17-30-3, as last amended by Laws of Utah 2009, Chapter 218

59          17-30-5, as last amended by Laws of Utah 1993, Chapter 227
60          17-30-8, as last amended by Laws of Utah 2011, Chapter 297
61          17-30-10, as enacted by Statewide Initiative A, Nov. 8, 1960
62          17-30-12, as enacted by Statewide Initiative A, Nov. 8, 1960
63          17-30-15, as enacted by Statewide Initiative A, Nov. 8, 1960
64          17-30-16, as enacted by Statewide Initiative A, Nov. 8, 1960
65          17-30-20, as enacted by Statewide Initiative A, Nov. 8, 1960
66          17-30-22, as last amended by Laws of Utah 2011, Chapter 297
67     REPEALS:
68          17-33-16, as enacted by Laws of Utah 2008, Chapter 172
69     

70     Be it enacted by the Legislature of the state of Utah:
71          Section 1. Section 17-16-7 is amended to read:
72          17-16-7. Deputies and employees -- Appointments -- County legislative body
73     consent power -- Liability of principal -- Deputy may serve despite vacancy in office of
74     appointing officer.
75          (1) (a) [A] Except as provided in Subsection (1)(d), a county or precinct officer,
76     including an elected county executive, except a county commissioner or county council
77     member, may, with the consent of the county legislative body, appoint deputies and employees
78     as necessary for the discharge of the duties of the officer's office.
79          (b) The county legislative body's consent power under Subsection (1)(a) shall be
80     defined in county ordinance and may include consent by:
81          (i) the budget approval process;
82          (ii) approval of an allocation of a certain number of positions; or
83          (iii) approval or disapproval of the hiring of individual applicants.
84          (c) A county legislative body may by ordinance delegate to the county executive the
85     authority to consent to the appointment of deputies and employees under this Subsection (1).
86          (d) A sheriff may, in accordance with Chapter 30, Deputy Sheriffs - Merit System, or
87     Chapter 30a, Peace Officer Merit System in Counties of the First Class Act, appoint deputies
88     and employees without the consent of the county legislative body as necessary for the discharge
89     of the sheriff's duties under this title.

90          (2) If the county clerk performs district court clerk functions, the legislative body of that
91     county shall provide the clerk with deputies and employees for the business of the district
92     courts as considered necessary and advisable by the judge or judges of the district court,
93     consistent with the level of funding for clerk services from the court administrator's office.
94          (3) (a) Each officer appointing a deputy shall, for each deputy appointed, file a signed
95     writing with the county clerk that memorializes the appointment.
96          (b) The officer appointing the deputy is liable for all official acts of the deputy.
97          (c) If the office of the officer who appointed the deputy becomes vacant, the deputy
98     may continue to serve despite the vacancy.
99          Section 2. Section 17-22-2 is amended to read:
100          17-22-2. Sheriff -- General duties.
101          (1) The sheriff shall:
102          (a) preserve the peace;
103          (b) make all lawful arrests;
104          (c) attend in person or by deputy the Supreme Court and the Court of Appeals when
105     required or when the court is held within [his] the sheriff's county, all courts of record, and
106     court commissioner and referee sessions held within [his] the sheriff's county, obey their lawful
107     orders and directions, and comply with the court security rule, Rule 3-414, of the Utah Code of
108     Judicial Administration;
109          [(d) upon request of the juvenile court, aid the court in maintaining order during
110     hearings and transport a minor to and from youth corrections facilities, other institutions, or
111     other designated places;]
112          (d) upon request of the juvenile court:
113          (i) aid the court in maintaining order during hearings; and
114          (ii) (A) transport a minor to and from public youth corrections facilities, other public
115     institutions, or other public designated places; or
116          (B) if the sheriff negotiates and executes a contract with a private provider of youth
117     correctional facilities, transport a minor to and from the provider's facilities, institutions, or
118     other designated places;
119          (e) attend county justice courts if the judge finds that the matter before the court
120     requires the sheriff's attendance for security, transportation, and escort of jail prisoners in [his]

121     the sheriff's custody, or for the custody of jurors;
122          (f) command the aid of as many inhabitants of [his] the sheriff's county as [he] the
123     sheriff considers necessary in the execution of these duties;
124          (g) take charge of and keep the county jail and the jail prisoners;
125          (h) receive and safely keep all persons committed to [his] the sheriff's custody, file and
126     preserve the commitments of those persons, and record the name, age, place of birth, and
127     description of each person committed;
128          (i) release on the record all attachments of real property when the attachment [he] the
129     sheriff receives has been released or discharged;
130          (j) endorse on all process and notices the year, month, day, hour, and minute of
131     reception, and, upon payment of fees, issue a certificate to the person delivering process or
132     notice showing the names of the parties, title of paper, and the time of receipt;
133          (k) serve all process and notices as prescribed by law;
134          (l) if [he] the sheriff makes service of process or notice, certify on the process or
135     notices the manner, time, and place of service, or, if [he] the sheriff fails to make service,
136     certify the reason upon the process or notice, and return them without delay;
137          (m) extinguish fires occurring in the undergrowth, trees, or wooded areas on the public
138     land within [his] the sheriff's county;
139          (n) perform as required by any contracts between the county and private contractors for
140     management, maintenance, operation, and construction of county jails entered into under the
141     authority of Section 17-53-311;
142          (o) for the sheriff of a county that enters into an interlocal agreement for law
143     enforcement service under Title 11, Chapter 13, Interlocal Cooperation Act, provide law
144     enforcement service as provided in the interlocal agreement;
145          [(p) manage search and rescue services in his county;]
146          (p) manage search and rescue services in the sheriff's county and emergency medical
147     services in the unincorporated portion of the sheriff's county;
148          (q) obtain saliva DNA specimens as required under Section 53-10-404;
149          (r) on or before January 1, 2003, adopt a written policy that prohibits the stopping,
150     detention, or search of any person when the action is solely motivated by considerations of
151     race, color, ethnicity, age, or gender;

152          (s) create a child protection unit, as defined in Section 62A-4a-101, if the sheriff
153     determines that creation of a child protection unit is warranted; and
154          (t) perform any other duties that are required by law.
155          (2) Violation of Subsection (1)(j) is a class C misdemeanor. Violation of any other
156     subsection under Subsection (1) is a class A misdemeanor.
157          (3) A county may not execute a contract with a private entity to provide the services
158     required by Subsection (1) without the advice and consent of the sheriff.
159          [(3)] (4) (a) As used in this Subsection [(3)] (4):
160          (i) "Police interlocal entity" [has the same meaning as] means the same as that term is
161     defined in [Sections 17-30-3 and] Section 17-30a-102.
162          (ii) "Police local district" [has the same meaning as defined in Section 17-30-3.] means
163     a local district, as that term is defined in Section 17B-1-102:
164          (A) where the legislative body of a county of the first class, alone or with one or more
165     other legislative bodies, adopted a resolution under Section 17B-1-203 to initiate the creation
166     of the police local district; and
167          (B) that provides law enforcement service to an area that includes the unincorporated
168     portion of a county.
169          (b) A sheriff in a county which includes within its boundary a police local district or
170     police interlocal entity, or both:
171          (i) serves as the chief executive officer of each police local district and police interlocal
172     entity within the county with respect to the provision of law enforcement service within the
173     boundary of the police local district or police interlocal entity, respectively; and
174          (ii) is subject to the direction of the police local district board of trustees or police
175     interlocal entity governing body, as the case may be, as and to the extent provided by
176     agreement between the police local district or police interlocal entity, respectively, and the
177     sheriff.
178          (c) If a police interlocal entity or police local district enters an interlocal agreement
179     with a public agency, as defined in Section 11-13-103, for the provision of law enforcement
180     service, the sheriff:
181          (i) does not serve as the chief executive officer of any interlocal entity created under
182     that interlocal agreement, unless the agreement provides for the sheriff to serve as the chief

183     executive officer; and
184          (ii) shall provide law enforcement service under that interlocal agreement as provided
185     in the agreement.
186          Section 3. Section 17-22-2.5 is amended to read:
187          17-22-2.5. Fees of sheriff.
188          [(1) (a) The legislative body of a county may set a fee for a service described in this
189     section and charged by the county sheriff:]
190          (1) (a) Notwithstanding the amounts stated in Subsections (2) through (7), a county
191     legislative body, with the advice and consent of the sheriff, may establish a fee for the sheriff's
192     services described in Subsections (2) through (7):
193          (i) in an ordinance adopted under Section 17-53-223; and
194          (ii) in an amount reasonably related to, but not exceeding, the actual cost of providing
195     the service.
196          (b) If the county legislative body [of a county] does not [under Subsection (1)(a)] set a
197     fee [charged by the county sheriff] under Subsection (1)(a), the sheriff shall charge a fee in
198     accordance with Subsections (2) through (7).
199          (2) Unless [under Subsection (1) the legislative body of] a county legislative body sets
200     a fee [amount for a fee described in this Subsection (2)] in accordance with Subsection (1), the
201     sheriff shall charge the following fees:
202          (a) for serving a notice, rule, order, subpoena, garnishment, summons, or summons and
203     complaint, or garnishee execution, or other process by which an action or proceeding is
204     commenced, on each defendant, including copies when furnished by plaintiff, $20;
205          (b) for taking or approving a bond or undertaking in any case in which he is authorized
206     to take or approve a bond or undertaking, including justification, $5;
207          (c) for a copy of any writ, process or other paper when demanded or required by law,
208     for each folio, 50 cents;
209          (d) for serving an attachment on property, or levying an execution, or executing an
210     order of arrest or an order for the delivery of personal property, including copies when
211     furnished by plaintiff, $50;
212          (e) for taking and keeping possession of and preserving property under attachment or
213     execution or other process, the amount the court orders to a maximum of $15 per day;

214          (f) for advertising property for sale on execution, or any judgment, or order of sale,
215     exclusive of the cost of publication, $15;
216          (g) for drawing and executing a sheriff's deed or a certificate of redemption, exclusive
217     of acknowledgment, $15, to be paid by the grantee;
218          (h) for recording each deed, conveyance, or other instrument affecting real estate,
219     exclusive of the cost of recording, $10, to be paid by the grantee;
220          (i) for serving a writ of possession or restitution, and putting any person entitled to
221     possession into possession of premises, and removing occupant, $50;
222          (j) for holding each trial of right of property, to include all services in the matter,
223     except mileage, $35;
224          (k) for conducting, postponing, or canceling a sale of property, $15;
225          (l) for taking a prisoner in civil cases from prison before a court or magistrate, for each
226     mile necessarily traveled, in going only, to a maximum of 100 miles, $2.50;
227          (m) for taking a prisoner from the place of arrest to prison, in civil cases, or before a
228     court or magistrate, for each mile necessarily traveled, in going only, to a maximum of 100
229     miles, $2.50;
230          (n) for receiving and paying over money on execution or other process, as follows:
231          (i) if the amount collected does not exceed $1,000, 2% of this amount, with a
232     minimum of $1; and
233          (ii) if the amount collected exceeds $1,000, 2% on the first $1,000 and 1-1/2% on the
234     balance; and
235          (o) for executing in duplicate a certificate of sale, exclusive of filing it, $10.
236          (3) The fees allowed by Subsection (2)(f) for the levy of execution and for advertising
237     shall be collected from the judgment debtor as part of the execution in the same manner as the
238     sum directed to be made.
239          (4) When serving an attachment on property, an order of arrest, or an order for the
240     delivery of personal property, the sheriff may only collect traveling fees for the distance
241     actually traveled beyond the distance required to serve the summons if the attachment or those
242     orders:
243          (a) accompany the summons in the action; and
244          (b) may be executed at the time of the service of the summons.

245          (5) (a) (i) When traveling generally to serve notices, orders, process, or other papers,
246     the sheriff may receive, except as otherwise provided under Subsection (1)(a), $2.50 for each
247     mile necessarily traveled, in going only, computed from the courthouse for each person served,
248     to a maximum of 100 miles.
249          (ii) When transmitting notices, orders, process, or other papers by mail, the sheriff may
250     receive, except as otherwise provided under Subsection (1)(a), $2.50 for each mile necessarily
251     traveled, in going only, computed from the post office where received for each person served,
252     to a maximum of 100 miles.
253          (b) The sheriff may only charge one mileage fee if any two or more papers are required
254     to be served in the same action or proceeding at the same time and at the same address.
255          (c) If it is necessary to make more than one trip to serve any notice, order, process, or
256     other paper, the sheriff may not collect more than two additional mileage charges.
257          (6) (a) For transporting a patient to the Utah State Hospital or to or from a hospital or a
258     mental health facility, as defined in Section 62A-15-602, when the cost of transportation is
259     payable by private individuals, the sheriff may collect, except as otherwise provided under
260     Subsection (1)(a), $2.50 for each mile necessarily traveled, in going only, to a maximum of 100
261     miles.
262          (b) If the sheriff requires assistance to transport the person, the sheriff may also charge
263     the actual and necessary cost of that assistance.
264          (7) (a) Subject to Subsection (7)(b), for obtaining a saliva DNA specimen under
265     Section 53-10-404, the sheriff shall collect the fee of $100 in accordance with Section
266     53-10-404.
267          (b) The fee amount described in Subsection (7)(a) may not be changed by a county
268     legislative body under Subsection (1).
269          Section 4. Section 17-22-5.5 is amended to read:
270          17-22-5.5. Sheriff's classification of jail facilities -- Maximum operating capacity
271     of jail facilities -- Transfer or release of prisoners -- Limitation -- Records regarding
272     release.
273          (1) (a) Except as provided in Subsection (4), a [county] sheriff shall determine:
274          (i) subject to Subsection (1)(b), the classification of each jail facility or section of a jail
275     facility under the sheriff's control;

276          (ii) the nature of each program conducted at a jail facility under the sheriff's control;
277     and
278          (iii) the internal operation of a jail facility under the sheriff's control.
279          (b) (i) A classification under Subsection (1)(a)(i) of a jail facility may not violate any
280     applicable zoning ordinance or conditional use permit of the county or municipality.
281          (ii) A county or municipal land use authority may not prohibit the alteration or
282     expansion of a jail facility if the alteration or expansion is required to comply with a federal or
283     state regulation or law.
284          (2) Except as provided in Subsection (4), each [county] sheriff shall:
285          (a) [with the approval of the county legislative body,] establish a maximum operating
286     capacity for each jail facility under the sheriff's control, based on facility design and staffing;
287     and
288          (b) upon a jail facility reaching its maximum operating capacity:
289          (i) transfer prisoners to another appropriate facility:
290          (A) under the sheriff's control; or
291          (B) available to the sheriff by contract;
292          (ii) release prisoners:
293          (A) to a supervised release program, according to release criteria established by the
294     sheriff; or
295          (B) to another alternative incarceration program developed by the sheriff; or
296          (iii) admit prisoners in accordance with law and a uniform admissions policy imposed
297     equally upon all entities using the county jail.
298          (3) (a) The sheriff shall keep records of the release status and the type of release
299     program or alternative incarceration program for any prisoner released under Subsection
300     (2)(b)(ii).
301          (b) The sheriff shall make these records available upon request to the Department of
302     Corrections, the Judiciary, and the Commission on Criminal and Juvenile Justice.
303          (4) This section may not be construed to authorize a sheriff to modify provisions of a
304     contract with the Department of Corrections to house in a county jail persons sentenced to the
305     Department of Corrections.
306          Section 5. Section 17-22-8 is amended to read:

307          17-22-8. Care of prisoners -- Funding of services -- Private contractor.
308          (1) Except as provided in Subsection (3), the sheriff shall:
309          (a) receive all [persons] prisoners committed to jail by competent authority;
310          (b) provide [them] prisoners with necessary food, clothing, and bedding [in the manner
311     prescribed by the county legislative body]; and
312          (c) provide medical care when:
313          (i) the [person's] prisoner's symptoms evidence a serious disease or injury;
314          (ii) the [person's] prisoner's disease or injury is curable or may be substantially
315     alleviated; and
316          (iii) the potential for harm to the [person] prisoner by reason of delay or the denial of
317     medical care would be substantial.
318          (2) The expense incurred in providing these services to prisoners shall be paid from the
319     county treasury, except as provided in Section 17-22-10.
320          [(3) If the county executive contracts with a private contractor to provide the services
321     required by this section, the sheriff shall provide only those services required of him by the
322     contract between the county and the private contractor.]
323          (3) If the county executive contracts with a private contractor to provide the services
324     required by this section:
325          (a) the county executive may not execute the contract without the sheriff's advice and
326     consent; and
327          (b) the sheriff shall provide only those services that the contract requires of the sheriff.
328          Section 6. Section 17-22-31 is amended to read:
329          17-22-31. Authority of a sheriff.
330          (1) Within the boundaries of the county in which the sheriff is elected, the sheriff has:
331          (a) primary authority over any unincorporated areas within the boundaries of the
332     county; and
333          (b) concurrent authority with police officers who have authority within the boundaries
334     of each respective municipality within the county.
335          (2) The sheriff is the primary law enforcement authority of state law on federal land
336     except as otherwise assigned by law to the authority of a state or municipal law enforcement
337     agency.

338          (3) This section is not a limitation of a sheriff's statewide authority as otherwise
339     provided by law.
340          Section 7. Section 17-22-32 is enacted to read:
341          17-22-32. Sheriff may appoint legal counsel.
342          (1) A sheriff may appoint an attorney to advise and represent the sheriff in accordance
343     with this section.
344          (2) An attorney whom a sheriff appoints under this section:
345          (a) serves at the pleasure of the sheriff;
346          (b) except as provided in Subsection (2)(c), may not perform any of the functions of a
347     county attorney or district attorney under this title; and
348          (c) may represent the sheriff in a case or controversy before a court or administrative
349     agency or tribunal when a conflict exists that precludes the county attorney or district attorney
350     from representing the sheriff.
351          Section 8. Section 17-22-33 is enacted to read:
352          17-22-33. Contract for a sheriff's services -- Appropriation of contract funds.
353          (1) As used in this section, "public entity" means the same as that term is defined in
354     Title 17B, Chapter 1, Part 1, General Provisions.
355          (2) A sheriff may enter into a contract with a person or public entity to provide, for
356     consideration, the sheriff's services described in this chapter.
357          (3) Unless a sheriff otherwise consents, a county legislative body may only appropriate
358     funds received by a sheriff under a contract described in this section to the sheriff's budget.
359          Section 9. Section 17-30-1 is repealed and reenacted to read:
360          17-30-1. Definitions.
361          (1) "Appointing sheriff" means the sheriff of a county having jurisdiction over a peace
362     officer.
363          (2) "Commission" means the merit system commission appointed in accordance with
364     Section 17-30-3.
365          (3) "Merit system officer" means a peace officer appointed in accordance with Section
366     17-30-10.
367          (4) "Peace officer" means a paid deputy sheriff or law enforcement officer, other than a
368     chief deputy or other exempt appointed officer designated by an appointing sheriff, who is in

369     the continuous employ of an appointing sheriff.
370          Section 10. Section 17-30-2 is amended to read:
371          17-30-2. Application -- Deputy sheriff's merit system in certain counties.
372          (1) (a) This chapter applies to a county with a population of at least 20,000 people.
373          [(1)] (b) This chapter does not apply to a county of the first class or an interlocal entity,
374     as defined in Section 11-13-103, in which a county of the first class is a party to an interlocal
375     agreement to provide law enforcement service.
376          [(2) From and after the effective date of this act the sheriff of each county with a
377     population of 20,000 people or more which shall regularly employ one or more peace officers
378     shall, by and with the advice and consent of the county legislative body, and subject to the rules
379     and regulations of the merit service commission, appoint from the classified merit service list
380     furnished by the merit service commission, all subordinate peace officers in his department and
381     in like manner fill all vacancies in the same and shall further promote, transfer, demote,
382     suspend or remove peace officers in accordance with the provisions of this act.]
383          [(3) Every peace officer who is serving as such upon the effective date of this act is
384     considered fully qualified for such position without examination or test and is considered to
385     have been appointed and to hold his position and classification pursuant to the provisions of
386     this act.]
387          [(4)] (2) [Counties] A county with a population of less than 20,000 people may
388     implement a deputy sheriff's merit system if approved by the county legislative body or the
389     people of the county through referendum or initiative.
390          Section 11. Section 17-30-3 is repealed and reenacted to read:
391          17-30-3. Establishment of merit system commission -- Appointment,
392     qualifications, and compensation of members.
393          (1) (a) The county legislative body of each county with a population of at least 20,000
394     people shall establish a merit system commission consisting of five members appointed as
395     follows:
396          (i) three members appointed by the county legislative body, no more than two of whom
397     shall be members of the same political party; and
398          (ii) two members appointed by the appointing sheriff.
399          (b) A commission member appointed under Subsection (1)(a) shall serve a six-year

400     term.
401          (c) The county legislative body and the appointing sheriff shall, at the time of
402     appointment:
403          (i) adjust the length of a commission member's term to ensure that the terms of
404     commission members are staggered so that approximately half of the commission is appointed
405     every three years; and
406          (ii) ensure that each commission member:
407          (A) is a resident of the state;
408          (B) for at least five years preceding the date on which the member is appointed, is a
409     resident of the county over which the commission has jurisdiction; and
410          (C) does not hold an office or employment with the county over which the commission
411     has jurisdiction.
412          (d) (i) Upon the expiration of the term of a commission member that a county
413     legislative body appointed under Subsection (1)(a)(i), the county legislative body shall appoint
414     a successor for a six-year term.
415          (ii) Upon the expiration of the term of a commission member that an appointing sheriff
416     appointed under Subsection (1)(a)(ii), the appointing sheriff shall appoint a successor for a
417     six-year term.
418          (e) If a commission member's position is vacant for a cause other than expiration of the
419     member's term, a county legislative body or an appointing sheriff, depending on who appointed
420     the commission member whose position is vacant, shall appoint a new member to fulfill the
421     remaining portion of the vacated term.
422          (2) The county legislative body may compensate a commission member for service on
423     the commission and reimburse the member for necessary expenses incurred in the performance
424     of the member's duties in accordance with Section 11-55-103.
425          Section 12. Section 17-30-5 is repealed and reenacted to read:
426          17-30-5. Organization of commission -- Support -- Offices -- Job classification
427     plan.
428          (1) The commission members shall select one member as chair.
429          (2) The commission shall adopt rules addressing the commission's internal
430     organization and procedures.

431          (3) (a) To enable the commission to fulfill the commission's duties under this chapter, a
432     county legislative body shall:
433          (i) assign sufficient human resources staff to support the commission; and
434          (ii) provide suitable accommodations, supplies, and equipment to the commission as
435     needed.
436          (b) With consent of the commission, a county legislative body may assign other staff to
437     support the commission.
438          (4) (a) In accordance with Subsection (4)(b), the commission shall create a
439     comprehensive job classification plan covering all merit system officers who the appointing
440     sheriff employs.
441          (b) The commission shall ensure that the plan described in Subsection (4)(a):
442          (i) places all positions requiring substantially the same duties and qualifications in the
443     same classification;
444          (ii) includes minimum physical and educational qualifications of the applicants for
445     each position; and
446          (iii) provides standards for promotion.
447          (c) If an appointing sheriff creates a new position, the commission shall classify the
448     new position and amend the classification plan accordingly.
449          Section 13. Section 17-30-7 is amended to read:
450          17-30-7. Disqualification of applicant for examination -- Appeal to commission.
451          (1) The commission shall disqualify an applicant for examination who:
452          (a) does not meet advertised qualifications[.];
453          (b) has been convicted of a criminal offense [inimical to] that would obstruct or harm
454     the public service[,] or involving moral turpitude[.];
455          (c) has practiced or attempted deception or fraud [in his] during the application or
456     examination[,] process or in securing eligibility for appointment[.]; or
457          (d) is not a citizen of the United States.
458          (2) If an applicant is rejected, [he shall be notified] the commission shall notify the
459     applicant by mail at [his] the applicant's last known address.
460          (3) At any time [prior to] before the date of examination, an applicant may:
461          (a) correct a defect in [his] the applicant's application[,]; or

462          (b) appeal to the commission in writing [to the commission] regarding the application
463     process.
464          Section 14. Section 17-30-8 is repealed and reenacted to read:
465          17-30-8. Preservation and inspection of examination papers.
466          (1) (a) An applicant's examination papers and related documents are the property of the
467     commission.
468          (b) The commission shall:
469          (i) preserve any examination papers and related documents until the expiration of the
470     eligible register for which an examination is given; and
471          (ii) adopt a retention schedule for the preservation of examination papers and related
472     documents after the time period described in Subsection (1)(b)(i).
473          (2) (a) An applicant's examination papers and related documents are not open to public
474     inspection without a court order.
475          (b) An appointing sheriff may inspect the examination papers and related documents of
476     each eligible applicant that the commission certifies for appointment in accordance with
477     Section 17-30-10.
478          (c) An applicant may inspect the applicant's own examination papers and related
479     documents at any time within 30 days after the day on which the commission sends notice of
480     the applicant's grade.
481          Section 15. Section 17-30-9 is amended to read:
482          17-30-9. Preparation and expiration of eligible appointment register.
483          (1) Upon completion of an examination, the commission shall prepare an eligible
484     appointment register containing the names of all [persons] applicants receiving a passing grade
485     in the order of grades earned, beginning with the highest.
486          [(2) An eligible register shall expire not later than two years after the date of the
487     examination unless the commission, for good reason, shall extend the time not to exceed one
488     additional year. The promulgation of a new eligible register shall automatically cancel all
489     previous registers for the same class or position.]
490          (2) (a) Except as provided in Subsection (2)(b), an eligible appointment register expires
491     no later than two calendar years after the day on which an examination is completed.
492          (b) The commission may, in accordance with the commission's rules, extend the

493     expiration time period described in Subsection (2)(a) for one additional calendar year.
494          (3) If the commission adopts a new eligible appointment register, the previous register
495     for the same class or position expires.
496          Section 16. Section 17-30-10 is repealed and reenacted to read:
497          17-30-10. Appointments from eligible appointment register -- Failure to accept
498     appointment.
499          (1) Before appointing a merit system officer, an appointing sheriff shall request that the
500     commission certify eligible applicants for the position in accordance with Subsection (2).
501          (2) The commission shall certify the names of the three applicants standing highest on
502     the eligible appointment register described in Section 17-30-9.
503          (3) Upon receiving the certified names described in Subsection (2), an appointing
504     sheriff shall select and appoint one person to the open position.
505          (4) (a) If a certified applicant fails to accept a proffered appointment, the applicant may
506     request in writing that the applicant retain the applicant's place on the eligible appointment
507     register.
508          (b) An applicant making a request under Subsection (4)(a) may retain the applicant's
509     place on the eligible appointment register if the applicant provides reasons sufficient, in the
510     judgment of the commission, to justify the applicant's failure to accept the appointment.
511          Section 17. Section 17-30-11 is amended to read:
512          17-30-11. Probationary period of appointment.
513          (1) (a) [Any] A peace officer appointed under Section 17-30-10 shall serve a
514     probationary period of 12 consecutive months from the day on which an appointing sheriff
515     appoints the officer, during which time [he] the officer may be discharged [by] at the sole
516     discretion of the appointing [authority] sheriff.
517          [(2)] (b) [The] An appointing sheriff may, with consent of the commission, extend the
518     probationary period [shall be extended beyond the 12 months under Subsection (1) as necessary
519     for an] beyond the 12 months described in Subsection (1)(a) for a peace officer who has not yet
520     satisfactorily completed an approved peace officer training program and [also] received a
521     certificate of completion[,] under Title 53, Chapter 6, Peace Officer Standards and Training
522     Act.
523          (c) Service under a temporary or part-time appointment is not considered a part of the

524     probationary period.
525          [(3) (a) Continuance in the position after the expiration of the probationary period
526     constitutes a permanent appointment.]
527          [(b) Service under a temporary or emergency appointment is not considered as part of
528     the probationary period.]
529          (2) If a peace officer is retained in a position after the expiration of the officer's
530     probationary period, the officer's retention constitutes appointment to merit status.
531          [(4)] (3) [A person removed] If an appointing sheriff discharges a peace officer during
532     the officer's probationary period, the commission may not [be placed] place the officer on the
533     eligible appointment register again [without having passed] unless the officer passes another
534     regular examination.
535          (4) The commission may adopt rules governing probationary periods for other
536     appointments, including the appointing or transferring of an officer from another jurisdiction.
537          Section 18. Section 17-30-12 is repealed and reenacted to read:
538          17-30-12. Vacancies -- Positions requiring special qualifications -- Competition
539     suspended -- Promotion -- Promotional register.
540          (1) The commission may, after a public hearing and by unanimous vote, suspend
541     competition regarding a vacant position if:
542          (a) the vacancy occurs in a position requiring peculiar and exceptional qualifications of
543     a scientific, professional, or expert character; and
544          (b) the commission makes a finding, based upon substantial evidence, that competition
545     is impracticable and the position can be best filled by the selection of a designated person who
546     possesses the qualifications described in Subsection (1)(a).
547          (2) The commission shall report, in the commission minutes, a suspension of
548     competition described in Subsection (1), together with the reason for the suspension.
549          (3) With the exception of an appointment made in accordance with a commission rule,
550     an appointing sheriff shall fill a supervisor vacancy in the merit system classification by
551     promotion whenever possible.
552          (4) (a) An appointing sheriff shall make a promotion only after an open, competitive
553     examination, admission to which the commission shall limit to merit system officers.
554          (b) The commission shall ensure that the examination described in Subsection (4)(a)

555     includes consideration of the merit system officer's seniority and competence to perform the
556     duties of the position for which the officer applies.
557          (c) The seniority element of the examination described in Subsection (4)(b) may not
558     exceed 40% of the entire examination score.
559          (5) (a) After an examination described in Subsection (4), the commission shall prepare
560     and certify a promotional register that shall take precedence over any previously existing
561     register.
562          (b) The commission shall ensure that the certified promotional register described in
563     Subsection (5)(a) consists of three names for the initial vacancy and one name for each
564     additional vacancy, ranked in the order of the examination score, beginning with the highest
565     scoring applicant.
566          Section 19. Section 17-30-15 is repealed and reenacted to read:
567          17-30-15. Emergency appointment.
568          (1) Except as provided in Subsection (2), an appointing sheriff may make an
569     emergency appointment for a period not exceeding seven days if:
570          (a) a person from an eligible appointment, promotion, or reappointment register is not
571     immediately available to accept the appointment; and
572          (b) the position is necessary to expedite the public business.
573          (2) An appointing sheriff may, with consent of the commission, extend the emergency
574     appointment described in Subsection (1) for a period not exceeding seven days from the day on
575     which the original emergency appointment expires.
576          Section 20. Section 17-30-16 is repealed and reenacted to read:
577          17-30-16. Temporary layoffs -- Reappointment register.
578          (1) Subject to Subsections (2) and (3), and if necessary due to lack of funds or work, an
579     appointing sheriff may temporarily lay off a merit system officer.
580          (2) An appointing sheriff who lays off a merit system officer under Subsection (1) shall
581     lay off the officer according to seniority of the officers of the class of positions affected, in
582     accordance with the process prescribed by commission rule.
583          (3) An appointing sheriff shall lay off a person serving under temporary or part-time
584     appointment before a merit system officer.
585          (4) (a) If an appointing sheriff lays off a merit system officer, the appointing sheriff

586     shall place the officer on a reappointment register to be reappointed in the inverse order in
587     which the officer is laid off.
588          (b) The reappointment register described in Subsection (4)(a) takes precedence over all
589     eligible reappointment registers.
590          Section 21. Section 17-30-17 is amended to read:
591          17-30-17. Leave of absence -- Sick leaves and vacations.
592          (1) (a) [The] An appointing [authority] sheriff, with [the approval] consent of the
593     commission, may grant [an] a merit system officer a leave of absence without pay for a period
594     not to exceed one calendar year. [In the event an]
595          (b) If a merit system officer on leave takes a higher position in police work [which]
596     that does not come under the merit system provisions of this act, [the leave may, with the
597     consent of the commission, be renewed] an appointing sheriff, with consent of the commission,
598     may renew the leave.
599          (c) [In the event an] If a merit system officer is elected sheriff, or is appointed chief
600     deputy, [he shall] the officer is automatically [be placed] on leave for the period of time [he]
601     the officer remains sheriff or chief deputy. [Upon the termination of a leave of absence, the
602     officer shall be returned to his former position.]
603          (d) An appointing sheriff shall allow a merit system officer to return to the officer's
604     former position upon termination of the officer's leave of absence granted under this section.
605          [(2) Sick leaves and vacations with pay shall be as provided by law or ordinance.]
606          (2) Applicable law or county ordinance or regulation governs a merit system officer's
607     sick leave or vacation with pay.
608          Section 22. Section 17-30-18 is amended to read:
609          17-30-18. Disciplinary charges -- Grounds.
610          [(1) A merit system officer holding a permanent appointment may be demoted, reduced
611     in pay, suspended, or discharged for:]
612          (1) An appointing sheriff may order a demotion, reduction in pay, suspension, or
613     discharge of a merit system officer for:
614          (a) neglect of duty;
615          (b) disobedience of a reasonable order;
616          (c) misconduct;

617          (d) inefficiency[,] or inability to satisfactorily perform assigned duties; or
618          (e) any act [inimical to] that would obstruct or harm the public service.
619          (2) [No officer shall be suspended] An appointing sheriff may not suspend a merit
620     system officer for more than 30 days at one time[, nor] or for more than 60 days in one
621     calendar year. [Demotion, reduction in pay, suspension, or discharge shall be made upon order
622     of the appointing authority.]
623          Section 23. Section 17-30-19 is amended to read:
624          17-30-19. Disciplinary charges -- Appeal to commission -- Hearing -- Findings.
625          (1) [Each person] An appointing sheriff who orders [the demotion, reduction in pay,
626     suspension, or discharge of a merit system officer for any cause set forth] a disciplinary charge
627     described in Section 17-30-18 shall:
628          (a) file written charges with the commission; and
629          (b) serve the merit system officer with a copy of the written charges.
630          (2) (a) (i) [An] A merit system officer who is the subject of charges under Subsection
631     (1) may, within 10 days after [service of] the day on which the appointing sheriff serves the
632     officer with the charges, appeal in writing to the commission.
633          (ii) In the absence of an appeal, [a copy of the charges under Subsection (1) may not be
634     made] the commission may not make the charges described in Subsection (1) public without
635     [the] consent of the officer charged.
636          (b) If an officer files a grievance, as defined by the commission, and exhausts all
637     internal grievance procedures, if any, the officer may, within 10 days after receiving notice of
638     the final disposition of the grievance, file an appeal with the commission.
639          (3) (a) The commission shall:
640          (i) fix a time and place for a hearing upon the charges or appeal of the officer
641     grievance; and
642          (ii) give notice of the hearing to the parties.
643          (b) (i) Except as provided in Subsection (3)(b)(ii), each hearing under this Subsection
644     (3) shall be held not less than 10 and not more than 90 days after an appeal or grievance is
645     filed.
646          (ii) A hearing may be held more than 90 days after an appeal or grievance is filed if:
647          (A) the officer and employer agree; or

648          (B) for good cause the commission so orders.
649          (4) (a) If the aggrieved officer so desires, the hearing shall be public.
650          (b) The parties may be represented by counsel at the hearing.
651          (5) After [the] a hearing described in Subsection (3), the commission shall [make its
652     decision in writing, including findings of fact, and shall mail a copy] mail the commission's
653     decision, including findings of fact, to each party.
654          Section 24. Section 17-30-20 is repealed and reenacted to read:
655          17-30-20. Appeal to district court -- Scope of review.
656          (1) Within 30 days after the day on which a commission issues a final action or order,
657     an aggrieved person may appeal the final action or order to the district court for review for
658     abuse of discretion.
659          (2) The district court shall base the court's review described in Subsection (1) on the
660     record of the commission.
661          Section 25. Section 17-30-21 is amended to read:
662          17-30-21. Power of commission members to administer oaths and subpoena
663     witnesses -- Rights of, and fees for, witnesses.
664          (1) (a) [Any] A member of [a] the commission, in performance of [his] commission
665     duties [as such, shall have power to], may administer oaths and subpoena witnesses and
666     documents.
667          (b) If a person refuses to or fails to obey a subpoena [issued by a commissioner] that a
668     commission member issues, the district court may, upon application [of a commissioner] by a
669     commission member, compel obedience [as in like cases before the district court].
670          [(2) Witnesses in proceedings before a commission shall be subject to all the rights,
671     privileges, duties and penalties of witnesses in courts of record, and shall be paid the same fees,
672     as an expense of the commission.]
673          (2) (a) A witness in a proceeding before the commission is subject to all the rights,
674     privileges, duties, and penalties of a witness in courts of record.
675          (b) The commission shall pay a witness fee equivalent to the witness fee paid for a
676     court of record.
677          Section 26. Section 17-30-22 is repealed and reenacted to read:
678          17-30-22. Prohibitions against political activities -- Penalties.

679          (1) (a) Except as provided in Subsection (1)(b), a peace officer, employee, or member
680     of a county legislative body, whether elected or appointed, for political purpose, may not
681     directly or indirectly coerce, command, or advise a merit system officer to pay, lend, or
682     contribute part of the officer's salary, compensation, or anything else of value to a party,
683     committee, organization, agency, or person.
684          (b) Subsection (1)(a) does not apply to political speeches or use of mass
685     communications media for political purposes by a person where a merit system officer is
686     present, unless the purpose and intent of the speaker is to violate this section with direct respect
687     to that merit system officer.
688          (c) A person who violates this Subsection (1) is guilty of a misdemeanor.
689          (2) (a) Except as provided in Subsection (2)(b), a merit system officer may not:
690          (i) engage in political activity or solicit political contributions from another merit
691     system officer during the hours of the officer's employment; or
692          (ii) use the officer's employer's resources at any time for political purposes.
693          (b) Subsection (2)(a) does not preclude a voluntary contribution by a merit system
694     officer to the party or candidate of the officer's choice.
695          Section 27. Section 17-30-24 is amended to read:
696          17-30-24. More than one chief deputy in larger county departments.
697          In [counties] each county employing more than 100 full-time uniformed peace officers,
698     the appointing [authority] sheriff, with [the] consent of the [merit] commission [and the county
699     legislative body], may appoint more than one chief deputy or undersheriff.
700          Section 28. Section 17-30a-102 is amended to read:
701          17-30a-102. Definitions.
702          (1) "Appointing authority" means the county sheriff or the chief executive officer of a
703     police interlocal entity.
704          (2) "Commission" means the merit system commission [consisting of three persons]
705     appointed in accordance with Section 17-30a-202.
706          (3) "Department" means a county sheriff's office or a police interlocal entity.
707          (4) "Legislative body" means the county legislative body or the governing body of the
708     police interlocal entity.
709          (5) "Merit system officer" means a peace officer who has merit status as defined in this

710     chapter.
711          (6) "Peace officer" means a paid deputy sheriff or law enforcement officer, other than a
712     chief deputy or other exempt appointed officer designated by the appointing authority, who is
713     in the continuous employ of the appointing authority.
714          (7) "Police interlocal entity" means an interlocal entity, as defined in Section
715     11-13-103, created:
716          (a) under Title 11, Chapter 13, Interlocal Cooperation Act, by an agreement to which a
717     county of the first class is a party; and
718          (b) to provide law enforcement service to an area that includes the unincorporated part
719     of the county.
720          Section 29. Section 17-30a-202 is amended to read:
721          17-30a-202. Establishment of merit commission -- Appointment, qualifications,
722     and compensation of members.
723          (1) (a) Except as provided in Subsection (1)(b), a county legislative body subject to this
724     chapter shall establish a merit system commission consisting of [three] five appointed
725     members:
726          (i) two members appointed by the legislative body of the county; [and]
727          (ii) one member appointed by the governing body of a police interlocal entity[.]; and
728          (iii) two members appointed by the county sheriff.
729          (b) If there is no police interlocal entity within the county, the county legislative body
730     shall appoint [all three members of a commission] the member described in Subsection
731     (1)(a)(ii).
732          (c) No more than [two] three members of the commission may be affiliated with or
733     members of the same political party.
734          [(d) (i) Of the original appointees described in Subsection (1)(a) or (b), one member
735     shall be appointed for a term ending February 1 of the first odd-numbered year after the date of
736     appointment, and one each for terms ending two and four years thereafter.]
737          (d) (i) The county legislative body shall, at the time of appointment, adjust the length
738     of terms to ensure that the terms of commission members are staggered so that approximately
739     half of the commission is appointed every three years.
740          (ii) For a term subsequent to a term described in Subsection (1)(d)(i), a commission

741     member shall hold a term of six years.
742          (e) If an appointed position described in Subsection (1)(a) or (b) is vacated for a cause
743     other than expiration of the member's term, the position is filled by appointment for the
744     unexpired portion of the term only.
745          (2) A member of the commission:
746          (a) shall be a resident of the state;
747          (b) for at least five years preceding the date of appointment a resident of:
748          (i) the county; or
749          (ii) if applicable, the area served by the police interlocal entity from which appointed;
750     and
751          (c) may not hold another office or employment with the county or, if applicable, in a
752     municipality served by the police interlocal entity for which the member is appointed.
753          (3) The county legislative body or interlocal entity governing body may compensate a
754     member for service on the commission and reimburse the member for necessary expenses
755     incurred in the performance of the member's duties.
756          Section 30. Section 17-36-22 is amended to read:
757          17-36-22. Transfer of unexpended appropriation balance by department.
758          (1) (a) [After] Except as provided in Subsection (1)(b), after review by the budget
759     officer and in accordance with budgetary and fiscal policies or ordinances adopted by the
760     county legislative body, any department may:
761          [(a)] (i) transfer any unencumbered or unexpended appropriation balance or any part
762     from one expenditure account to another within the department during the budget year; or
763          [(b)] (ii) incur an excess expenditure of one or more line items.
764          (b) A sheriff may, within the sheriff's budget, transfer any balance or incur an excess
765     expenditure as described in Subsection (1)(a) without review or approval by the budget officer
766     or the county legislative body.
767          (2) A transfer or expenditure under Subsection (1) may not occur if the transfer or
768     expenditure would cause the total of all excess expenditures or encumbrances to exceed the
769     total unused appropriation within the department at the close of the budget period.
770          Section 31. Section 17-53-106 is amended to read:
771          17-53-106. Supervision of county elected officers -- Legislative body and

772     executive may examine and audit accounts and conduct investigation.
773          (1) As used in this section, "professional duties" means a county elected officer's
774     functions, duties, and responsibilities specifically provided for by law and includes:
775          (a) the exercise of professional judgment and discretion reasonably related to the
776     officer's required functions, duties, and responsibilities; [and]
777          (b) the management of deputies and other employees under the supervision of the
778     elected officer under statute or county ordinance, policy, or regulation[.]; and
779          (c) notwithstanding Subsections (1)(a) and (b), for a sheriff, the functions, duties, and
780     responsibilities described in Chapter 22, Sheriff, including management of the sheriff's budget
781     and personnel.
782          (2) (a) A county legislative body and a county executive each:
783          (i) subject to Subsection (2)(c), may generally direct and supervise all elected county
784     officers and employees to ensure compliance with general county administrative ordinances,
785     rules, or policies;
786          (ii) may not direct or supervise other elected county officers or their sworn deputies
787     with respect to the performance of the professional duties of the officers or deputies;
788          (iii) may examine and audit the accounts of all county officers having the care,
789     management, collection, or distribution of money belonging to the county, appropriated to the
790     county, or otherwise available for the county's use and benefit; and
791          (iv) may investigate any matter pertaining to a county officer or to the county or its
792     business or affairs, and may require the attendance of witnesses and take evidence in any such
793     investigation.
794          (b) In an investigation under Subsection (2)(a)(iv):
795          (i) the county executive or any member of the county legislative body may issue
796     subpoenas and administer oaths to witnesses; and
797          (ii) if the county legislative body appoints members of the legislative body as a
798     committee and confers on the committee power to hear or take evidence, the committee shall
799     have the same power as the full county legislative body.
800          (c) A county legislative body or county executive may not direct a sheriff to comply
801     with a general county administrative ordinance, rule, or policy that directly interferes with the
802     sheriff's execution of the sheriff's professional duties, including management of the sheriff's

803     budget and personnel.
804          (3) Nothing in this section may be construed to prohibit the county executive or county
805     legislative body from initiating an action for removal or prosecution of an elected county
806     officer as provided by statute.
807          Section 32. Section 53-13-105 is amended to read:
808          53-13-105. Special function officer.
809          (1) (a) "Special function officer" means a sworn and certified peace officer performing
810     specialized investigations, service of legal process, security functions, or specialized ordinance,
811     rule, or regulatory functions.
812          (b) "Special function officer" includes:
813          (i) state military police;
814          (ii) constables;
815          (iii) port-of-entry agents as defined in Section 72-1-102;
816          (iv) authorized employees or agents of the Department of Transportation assigned to
817     administer and enforce the provisions of Title 72, Chapter 9, Motor Carrier Safety Act;
818          (v) school district security officers;
819          (vi) Utah State Hospital security officers designated pursuant to Section 62A-15-603;
820          (vii) Utah State Developmental Center security officers designated pursuant to
821     Subsection 62A-5-206(8);
822          (viii) fire arson investigators for any political subdivision of the state;
823          (ix) ordinance enforcement officers employed by municipalities or counties may be
824     special function officers;
825          (x) employees of the Department of Natural Resources who have been designated to
826     conduct supplemental enforcement functions as a collateral duty;
827          (xi) railroad special agents deputized by a county sheriff under [Section 17-30-2 or
828     17-30a-104] Title 17, Chapter 30, Deputy Sheriffs - Merit System, or Title 17, Chapter 30a,
829     Peace Officer Merit System in Counties of the First Class Act, or appointed pursuant to Section
830     56-1-21.5;
831          (xii) auxiliary officers, as described by Section 53-13-112;
832          (xiii) special agents, process servers, and investigators employed by city attorneys;
833          (xiv) criminal tax investigators designated under Section 59-1-206; and

834          (xv) all other persons designated by statute as having special function officer authority
835     or limited peace officer authority.
836          (2) (a) A special function officer may exercise that spectrum of peace officer authority
837     that has been designated by statute to the employing agency, and only while on duty, and not
838     for the purpose of general law enforcement.
839          (b) If the special function officer is charged with security functions respecting facilities
840     or property, the powers may be exercised only in connection with acts occurring on the
841     property where the officer is employed or when required for the protection of the employer's
842     interest, property, or employees.
843          (c) A special function officer may carry firearms only while on duty, and only if
844     authorized and under conditions specified by the officer's employer or chief administrator.
845          (3) (a) A special function officer may not exercise the authority of a peace officer until:
846          (i) the officer has satisfactorily completed an approved basic training program for
847     special function officers as provided under Subsection (4); and
848          (ii) the chief law enforcement officer or administrator has certified this fact to the
849     director of the division.
850          (b) City and county constables and their deputies shall certify their completion of
851     training to the legislative governing body of the city or county they serve.
852          (4) (a) The agency that the special function officer serves may establish and maintain a
853     basic special function course and in-service training programs as approved by the director of
854     the division with the advice and consent of the council.
855          (b) The in-service training shall consist of no fewer than 40 hours per year and may be
856     conducted by the agency's own staff or by other agencies.
857          Section 33. Repealer.
858          This bill repeals:
859          Section 17-33-16, Appointment of more than one chief deputy or undersheriff.
860          Section 34. Effective date.
861          If approved by two-thirds of all the members elected to each house, this bill takes effect
862     upon approval by the governor, or the day following the constitutional time limit of Utah
863     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
864     the date of veto override.







Legislative Review Note
Office of Legislative Research and General Counsel