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First Substitute S.B. 170
Senator Scott N. Howell proposes to substitute the following bill:
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LOCAL GOVERNMENT PEACE OFFICER EXAMINATIONS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Scott N. Howell
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AN ACT RELATING TO LOCAL GOVERNMENT; ALLOWING THE CIVIL SERVICE
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COMMISSION AND THE PERSONAL MERIT SYSTEM COMMISSION TO USE OTHER
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COMPETITIVE EXAMINATION PROCESSES TO DETERMINE THE QUALIFICATION OF
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APPLICANTS FOR POSITIONS AS PEACE OFFICERS.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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10-3-1007, as enacted by Chapter 48, Laws of Utah 1977
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17-30-6, as last amended by Chapter 234, Laws of Utah 1993
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17-30-9, as enacted by The People Nov. 8, 1960, Laws of Utah 1960
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17-30-10, as enacted by The People Nov. 8, 1960, Laws of Utah 1960
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17-30-11, as last amended by Chapter 210, Laws of Utah 1983
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ENACTS:
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53-6-401, Utah Code Annotated 1953
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53-6-402, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
10-3-1007
is amended to read:
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10-3-1007. Examinations.
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(1) All applicants for employment in the classified civil service [shall be] are subject to
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examination, which shall be public, competitive, and free.
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(2) Examinations shall be:
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(a) held at [such] times and places [as] the civil service commission [shall from time to
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time determine, and shall be] determines;
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(b) for the purpose of determining the qualifications of applicants for positions[.
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Examinations shall be]; and
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(c) practical and shall fairly test the fitness in every respect of the persons examined to
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discharge the duties of the positions to which they seek to be appointed[, and shall include tests
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of physical qualifications and health].
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(3) The civil service commission, in determining the qualifications of applicants for
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employment in the classified civil service, may recognize the results of a competitive examination
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administered by the Utah Police Corps, as created in Section
53-6-402
, if the examination meets
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the requirements of Subsections (2)(b) and (c).
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Section 2.
Section
17-30-6
is amended to read:
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17-30-6. Examinations -- How prepared, conducted, and graded -- Notice of
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examination.
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(1) (a) When necessary, the commission shall give competitive examinations to determine
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the qualification of applicants for positions as peace officers.
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(b) The examinations shall be practical in character and shall relate to matters that will
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fairly test the mental and physical ability and knowledge of the applicants to discharge the duties
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of the positions.
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(c) The examinations shall be prepared, conducted, and graded under the direction of the
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commission, or by impartial special examiners [if the commission finds it necessary].
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(2) The commission, in determining the qualifications of applicants for positions as peace
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officers, may recognize the results of a competitive examination administered by the Utah Police
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Corps, as created in Section
53-6-402
, if the examination meets the requirements of Subsection
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(1)(b).
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[(2)] (3) (a) Notice of examination shall be published one time not less than 15 days prior
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to the examination in a newspaper of general circulation in the area concerned and shall be posted
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in a conspicuous place in the office of the department concerned.
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(b) The notice shall set forth minimum and maximum wages, physical and educational
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requirements, and passing grades, which shall be not less than 70%.
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(c) A person completing an examination shall be promptly notified of his final grade by
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mail at his last-known address [of his final grade].
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Section 3.
Section
17-30-9
is amended to read:
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17-30-9. Preparation and expiration of eligible register.
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(1) Upon completion of [an] any examination, the commission shall prepare an eligible
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register containing the names of all persons receiving a passing grade in the order of grades earned,
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beginning with the highest.
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(2) (a) An eligible register [shall expire], except for registers listing persons qualifying
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under Subsection
17-30-6
(2), expires not later than two years after the date of the examination
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unless the commission, for good reason, [shall extend] extends the time not to exceed one
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additional year.
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(b) The promulgation of a new eligible register [shall] automatically [cancel] cancels all
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previous registers for the same class or position, except that the commission may establish rules
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governing registers established for Utah Police Corps positions.
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Section 4.
Section
17-30-10
is amended to read:
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17-30-10. Appointments from eligible register -- Failure to accept appointment.
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(1) When a peace officer is to be appointed, the appointing authority shall request the merit
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system commission to certify three eligible applicants for the position. The commission shall
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[thereupon] certify to the appointing authority the names of the three applicants standing highest
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on the eligible register. The appointing authority shall select and appoint one of the persons so
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certified.
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(2) [In the event] If a certified person fails to accept a proffered appointment, he may, at
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his request, retain his place on the eligible register if he submits in writing reasons sufficient in the
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judgment of the commission to justify [such] the failure to accept.
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(3) The commission, in appointing a peace officer, may recognize the results of a
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competitive examination administered by the Utah Police Corps, as created in Section
53-6-402
,
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if the examination meets the requirements of Subsection
17-30-6
(1)(b).
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Section 5.
Section
17-30-11
is amended to read:
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17-30-11. Probationary period of appointment.
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(1) Any officer appointed as provided in Section
17-30-10
shall serve a probationary
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period of six consecutive months, during which time he may be discharged by the appointing
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authority. The probationary period shall be extended for an officer who has not yet satisfactorily
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completed an approved peace officer training program and received a certificate [attesting thereto]
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of completion, as required under Title 67, Chapter 15. A person removed during his probationary
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period [shall] may not be [replaced] placed again on the eligible register without passing another
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regular examination. Continuance in his position after the expiration of the probationary period
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[shall constitute] constitutes a permanent appointment. Service under a temporary or emergency
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appointment [shall] is not [be considered as] part of the probationary period.
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(2) The commission shall establish policies and procedures to govern the probationary
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appointments of officers selected from the Utah Police Corps, but the probationary period may not
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be less than six months.
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Section 6.
Section
53-6-401
is enacted to read:
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Part 4. Utah Police Corps Act
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53-6-401. Title.
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This part is known as the "Utah Police Corps Act."
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Section 7.
Section
53-6-402
is enacted to read:
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53-6-402. Creation -- Purpose -- Funding.
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(1) There is created within the division the Utah Police Corps.
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(2) The Utah Police Corps is a peace officer training program that:
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(a) is funded solely by the federal government;
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(b) requires participants to receive a four-year college degree;
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(c) reimburses participants up to $30,000 for education expenses; and
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(d) requires participants to work for a state or local law enforcement agency for four years
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after graduating from the corps.
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(3) The state is not required to provide funding to the Utah Police Corps.
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