Representative Jordan D. Teuscher proposes the following substitute bill:




Chief Sponsor: Lincoln Fillmore

House Sponsor: Jordan D. Teuscher


8     General Description:
9          This bill modifies provisions related to the duties of certain county officers.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies the duties of a district or county attorney related to reviewing county legal
13     documents;
14          ▸     requires the county executive to rescind an existing executive order when a county
15     legislative body establishes a program or policy that conflicts with the existing
16     executive order;
17          ▸     requires the county executive to ensure compliance with a program or policy
18     established by a county legislative body; and
19          ▸     makes technical changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:

26          17-18a-504, as enacted by Laws of Utah 2013, Chapter 237
27          17-53-302, as last amended by Laws of Utah 2011, Chapter 209
28          17-53-316, as enacted by Laws of Utah 2001, Chapter 241

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 17-18a-504 is amended to read:
32          17-18a-504. Review and advise as to form.
33          The civil counsel shall review and [approve] advise as to form and legality each county
34     contract, ordinance, regulation, real estate document, conveyance, and legal document.
35          Section 2. Section 17-53-302 is amended to read:
36          17-53-302. County executive duties.
37          Each county executive shall:
38          (1) exercise supervisory control over all functions of the executive branch of county
39     government;
40          (2) direct and organize the management of the county in a manner consistent with state
41     law, county ordinance, and the county's optional plan of county government;
42          (3) (a) carry out programs and policies established by the county legislative body; and
43          (b) ensure that all departments of county government comply with programs and
44     policies established by the county legislative body;
45          (4) faithfully ensure compliance with all applicable laws and county ordinances;
46          (5) exercise supervisory and coordinating control over all departments of county
47     government;
48          (6) except as otherwise vested in the county legislative body by state law or by the
49     optional plan of county government, and subject to Section 17-53-317, appoint, suspend, and
50     remove the directors of all county departments and all appointive officers of boards and
51     commissions;
52          (7) except as otherwise delegated by statute to another county officer, exercise
53     administrative and auditing control over all funds and assets, tangible and intangible, of the
54     county;
55          (8) except as otherwise delegated by statute to another county officer, supervise and
56     direct centralized budgeting, accounting, personnel management, purchasing, and other service

57     functions of the county;
58          (9) conduct planning studies and make recommendations to the county legislative body
59     relating to financial, administrative, procedural, and operational plans, programs, and
60     improvements in county government;
61          (10) maintain a continuing review of expenditures and of the effectiveness of
62     departmental budgetary controls;
63          (11) develop systems and procedures, not inconsistent with statute, for planning,
64     programming, budgeting, and accounting for all activities of the county;
65          (12) if the county executive is an elected county executive, exercise a power of veto
66     over ordinances enacted by the county legislative body, including an item veto upon budget
67     appropriations, in the manner provided by the optional plan of county government;
68          (13) review, negotiate, approve, and execute contracts for the county, unless otherwise
69     provided by statute;
70          (14) perform all other functions and duties required of the executive by state law,
71     county ordinance, and the optional plan of county government; and
72          (15) sign on behalf of the county all deeds that convey county property.
73          Section 3. Section 17-53-316 is amended to read:
74          17-53-316. Executive orders.
75          (1) The county executive may issue an executive order to:
76          (a) establish an executive policy;
77          (b) implement an executive practice; or
78          (c) execute a legislative policy or ordinance, as provided by statute.
79          [(2) An executive order may not:]
80          (2) (a) The county executive may not issue an executive order that:
81          [(a) be] (i) is inconsistent with county ordinances [addressing] that address the same
82     subject as the executive order or with policies established by the county legislative body
83     [addressing] that address the same subject as the executive order; or
84          [(b) expand or narrow] (ii) expands or narrows legislative action taken or legislative
85     policy issued by the county legislative body.
86          (b) If a county legislative body adopts an ordinance or establishes a policy that
87     conflicts with an existing executive order, the ordinance or policy adopted or established by the

88     county legislative body supersedes the executive order.
89          (3) Each executive order exercising supervisory power over other elected county
90     officers shall be consistent with the authority given the county executive under Section
91     17-53-106.