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First Substitute S.B. 56
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5 This act modifies provisions relating to Counties and the Utah Municipal Code to
6 establish county and city boards of examiners. The act provides for board membership,
7 powers, meetings, and procedures. The act authorizes the filing of a claim with the board
8 of examiners and establishes procedures for considering and reporting on a claim. The
9 act provides for limits on the kinds of claims that can be considered by the board. The
10 act provides for an appeal from the board of examiners to the legislative body of the
11 county or city.
12 This act affects sections of Utah Code Annotated 1953 as follows:
13 ENACTS:
14 10-3-1401, Utah Code Annotated 1953
15 10-3-1402, Utah Code Annotated 1953
16 10-3-1403, Utah Code Annotated 1953
17 10-3-1404, Utah Code Annotated 1953
18 10-3-1405, Utah Code Annotated 1953
19 10-3-1406, Utah Code Annotated 1953
20 17-43-101, Utah Code Annotated 1953
21 17-43-102, Utah Code Annotated 1953
22 17-43-103, Utah Code Annotated 1953
23 17-43-104, Utah Code Annotated 1953
24 17-43-105, Utah Code Annotated 1953
25 17-43-106, Utah Code Annotated 1953
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 10-3-1401 is enacted to read:
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29 10-3-1401. City board of examiners -- Members -- Officers -- Meetings -- Records
30 -- Rules.
31 (1) (a) The mayor and two members of the legislative body of a city, chosen by the
32 legislative body, shall constitute a city board of examiners.
33 (b) (i) The mayor shall be the president of the board of examiners and shall designate
34 one of the two legislative body members as the secretary of the board.
35 (ii) In the absence of either the president or secretary, an officer pro tempore may be
36 elected from the members of the board.
37 (2) A meeting of the board of examiners shall be held upon the call of the president or
38 any two members of the board.
39 (3) The board shall keep a record of all its proceedings. Any member of the board may
40 have the member's dissent to the action of a majority of the board entered upon the record.
41 (4) The board may establish rules, not inconsistent with law, to govern its proceedings.
42 Section 2. Section 10-3-1402 is enacted to read:
43 10-3-1402. Powers of board of examiners -- Claim to be first considered by board
44 of examiners.
45 (1) A city board of examiners may examine all claims against the city for the payment
46 of which the city has not provided funds or the settlement of which is not otherwise provided
47 for by law.
48 (2) No claim against the city for the payment of which specifically designated funds are
49 required to be allocated by the city legislative body may be passed upon by the city legislative
50 body without having been considered and acted upon by the city board of examiners.
51 Section 3. Section 10-3-1403 is enacted to read:
52 10-3-1403. Issuance of subpoenas -- Administering oaths, examining witnesses,
53 and taking depositions -- Witness fees.
54 (1) The president of the board may issue subpoenas and compel the attendance of
55 witnesses and the production of books, papers, and things before the board or any member of
56 the board.
57 (2) Any member of the board may:
58 (a) administer oaths;
59 (b) examine witnesses; and
60 (c) take depositions to be used before the board.
61 (3) (a) Within the city's budget constraints, the board may allow a reasonable fee to a
62 witness subpoenaed before the board to testify against a claim pending before the board, but
63 may not allow a fee to a witness who has appeared in behalf of a claimant.
64 (b) A fee under Subsection (3)(a) may not exceed the fee allowed by law to a witness
65 in a civil case.
66 Section 4. Section 10-3-1404 is enacted to read:
67 10-3-1404. Presenting claim to board of examiners -- Statement showing facts of
68 claim -- Abstract of claims.
69 (1) A person with a claim against the city for the payment of which the city has not
70 provided funds or the settlement of which is not otherwise provided for by law may present the
71 claim to the city board of examiners.
72 (2) Each claim presented to the board of examiners under Subsection (1) shall be
73 accompanied by a statement showing the facts constituting the claim.
74 (3) Before the board of examiners may act upon a claim, an abstract of claims shall be
75 entered upon the minutes of the board.
76 Section 5. Section 10-3-1405 is enacted to read:
77 10-3-1405. Board meetings to consider claims -- Notice -- Adjournment from time
78 to time.
79 (1) The board of examiners shall meet as needed to consider claims presented under
80 Section 10-3-1404 .
81 (2) The board shall cause notice of each meeting under Subsection (1) to be published
82 in a newspaper of general circulation within the city.
83 (3) At a meeting under Subsection (1), the board:
84 (a) shall examine and adjust claims presented under Section 10-3-1404 ; and
85 (b) may hear evidence in support of or against the claims.
86 (4) The board may adjourn a meeting under Subsection (1) from time to time until the
87 board has completed its work of examining and adjusting the claim.
88 Section 6. Section 10-3-1406 is enacted to read:
89 10-3-1406. Board findings and recommendations on claim -- Report to city
90 legislative body -- Publishing abstract of claims -- Limit on reconsidering claims --
91 Appeal.
92 (1) After examining and adjusting a claim under Section 10-3-1405 , the board of
93 examiners shall report to the city legislative body the board's factual findings and
94 recommendations concerning the claim.
95 (2) In making a recommendation under Subsection (1), the board may state and use any
96 official or personal knowledge that any member of the board has regarding the claim.
97 (3) (a) The board shall report to the city legislative body under Subsection (1) each
98 claim for which the city would be liable except for governmental immunity, whether the board
99 recommends approval or disapproval of the claim.
100 (b) The board may not pass upon or send to the city legislative body a claim for which
101 the city would not be liable even without governmental immunity.
102 (4) At least 30 days before presenting the board's findings and recommendations to the
103 city legislative body, the board shall cause a brief abstract of the claims rejected and
104 recommended to be published in a newspaper of general circulation within the city.
105 (5) The board of examiners may not reconsider for a third time a claim that has
106 previously been rejected by the board or by the city legislative body unless the claimant
107 presents facts or reasons to the board that would in an action between private parties furnish
108 sufficient ground for granting a new trial.
109 (6) (a) A person whose claim has been rejected by the board may appeal from the
110 board's decision to the city legislative body by filing with the board a notice of appeal within 30
111 days after the board's decision.
112 (b) Upon receipt of a notice of appeal under Subsection (6)(a), the board shall transmit
113 to the city legislative body:
114 (i) the notice of appeal;
115 (ii) all papers accompanying the notice of appeal; and
116 (iii) a statement of the evidence taken by the board.
117 Section 7. Section 17-43-101 is enacted to read:
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119 17-43-101. County board of examiners -- Members -- Officers -- Meetings --
120 Records -- Rules.
121 (1) (a) (i) In a county operating under the county executive-council form of government
122 under Section 17-52-504 , the county executive, one member of the county legislative body,
123 chosen by the legislative body, and the county attorney shall constitute a county board of
124 examiners.
125 (ii) In a county operating under a form of government other than a county
126 executive-council form under Section 17-52-504 , two members of the county legislative body,
127 chosen by the legislative body, and the county attorney shall constitute a county board of
128 examiners.
129 (b) (i) (A) For a board of examiners under Subsection (1)(a)(i), the county executive
130 shall be the president of the board of examiners and the county legislative body member shall
131 be the secretary of the board.
132 (B) For a board of examiners under Subsection (1)(a)(ii), one of the county legislative
133 body members, designated by the legislative body, shall be the president of the board of
134 examiners and the county attorney shall be the secretary.
135 (ii) In the absence of either the president or secretary, an officer pro tempore may be
136 elected from the members of the board.
137 (2) A meeting of the board of examiners shall be held upon the call of the president or
138 any two members of the board.
139 (3) The board shall keep a record of all its proceedings. Any member of the board may
140 have the member's dissent to the action of a majority of the board entered upon the record.
141 (4) The board may establish rules, not inconsistent with law, to govern its proceedings.
142 Section 8. Section 17-43-102 is enacted to read:
143 17-43-102. Powers of board of examiners -- Claim to be first considered by board
144 of examiners.
145 (1) A county board of examiners may examine all claims against the county for the
146 payment of which the county has not provided funds or the settlement of which is not
147 otherwise provided for by law.
148 (2) No claim against the county for the payment of which specifically designated funds
149 are required to be allocated by the county legislative body may be passed upon by the county
150 legislative body without having been considered and acted upon by the county board of
151 examiners.
152 Section 9. Section 17-43-103 is enacted to read:
153 17-43-103. Issuance of subpoenas -- Administering oaths, examining witnesses,
154 and taking depositions -- Witness fees.
155 (1) The president of the board may issue subpoenas and compel the attendance of
156 witnesses and the production of books, papers, and things before the board or any member of
157 the board.
158 (2) Any member of the board may:
159 (a) administer oaths;
160 (b) examine witnesses; and
161 (c) take depositions to be used before the board.
162 (3) (a) Within the county's budget constraints, the board may allow a reasonable fee to
163 a witness subpoenaed before the board to testify against a claim pending before the board, but
164 may not allow a fee to a witness who has appeared in behalf of a claimant.
165 (b) A fee under Subsection (3)(a) may not exceed the fee allowed by law to a witness
166 in a civil case.
167 Section 10. Section 17-43-104 is enacted to read:
168 17-43-104. Presenting claim to board of examiners -- Statement showing facts of
169 claim -- Abstract of claims.
170 (1) A person with a claim against the county for the payment of which the county has
171 not provided funds or the settlement of which is not otherwise provided for by law may present
172 the claim to the county board of examiners.
173 (2) Each claim presented to the board of examiners under Subsection (1) shall be
174 accompanied by a statement showing the facts constituting the claim.
175 (3) Before the board of examiners may act upon a claim, an abstract of claims shall be
176 entered upon the minutes of the board.
177 Section 11. Section 17-43-105 is enacted to read:
178 17-43-105. Board meetings to consider claims -- Notice -- Adjournment from time
179 to time.
180 (1) The board of examiners shall meet as needed to consider claims presented under
181 Section 17-43-104 .
182 (2) The board shall cause notice of each meeting under Subsection (1) to be published
183 in a newspaper of general circulation within the county.
184 (3) At a meeting under Subsection (1), the board:
185 (a) shall examine and adjust claims presented under Section 17-43-104 ; and
186 (b) may hear evidence in support of or against the claims.
187 (4) The board may adjourn a meeting under Subsection (1) from time to time until the
188 board has completed its work of examining and adjusting the claim.
189 Section 12. Section 17-43-106 is enacted to read:
190 17-43-106. Board findings and recommendations on claim -- Report to county
191 legislative body -- Publishing abstract of claims -- Limit on reconsidering claims --
192 Appeal.
193 (1) After examining and adjusting a claim under Section 17-43-105 , the board of
194 examiners shall report to the county legislative body the board's factual findings and
195 recommendations concerning the claim.
196 (2) In making a recommendation under Subsection (1), the board may state and use any
197 official or personal knowledge that any member of the board has regarding the claim.
198 (3) (a) The board shall report to the county legislative body under Subsection (1) each
199 claim for which the county would be liable except for governmental immunity, whether the
200 board recommends approval or disapproval of the claim.
201 (b) The board may not pass upon or send to the county legislative body a claim for
202 which the county would not be liable even without governmental immunity.
203 (4) At least 30 days before presenting the board's findings and recommendations to the
204 county legislative body, the board shall cause a brief abstract of the claims rejected and
205 recommended to be published in a newspaper of general circulation within the county.
206 (5) The board of examiners may not reconsider for a third time a claim that has
207 previously been rejected by the board or by the county legislative body unless the claimant
208 presents facts or reasons to the board that would in an action between private parties furnish
209 sufficient ground for granting a new trial.
210 (6) (a) A person whose claim has been rejected by the board may appeal from the
211 board's decision to the county legislative body by filing with the board a notice of appeal within
212 30 days after the board's decision.
213 (b) Upon receipt of a notice of appeal under Subsection (6)(a), the board shall transmit
214 to the county legislative body:
215 (i) the notice of appeal;
216 (ii) all papers accompanying the notice of appeal; and
217 (iii) a statement of the evidence taken by the board.
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