reglab/statecodes huggingface dataset:
2023 Utah Code › Title 17 - Counties › Chapter 15 - Miscellaneous Provisions › Section 23 - County solid waste management plans.

Effective 7/1/2015
17-15-23.
County solid waste management plans.
(1)
(a) Each county or entity created or designated by a county for this purpose shall submit to the Waste Management and Radiation Control Board, organized in Section 19-6-103, a county solid waste management plan providing solid waste management information as reasonably required by the board and according to a timetable established by the board.
(b) Each county shall review and modify its solid waste management plan no less frequently than every five years.
(2) Each county solid waste management plan shall be consistent with Title 19, Chapter 6, Part 5, Solid Waste Management Act, and shall establish the county's solid waste management plan for the next 20 years.
(3) Each county solid waste management plan shall include an estimate of the solid waste capacity needed in the county for the next 20 years and the county's program to ensure that the county will have sufficient solid waste disposal capacity for the next 20 years.
(4) The solid waste management plan mandated by this section is contingent upon the adoption and implementation of a funding mechanism. Nothing contained in this section precludes a political subdivision, local health department, or district from undertaking comprehensive solid waste planning.
Amended by Chapter 451, 2015 General Session
2023 Utah Code › Title 17 - Counties › Chapter 15 - Miscellaneous Provisions › Section 25 - Right to breast feed.

17-15-25.
Right to breast feed.
The county legislative body may not prohibit a woman's breast feeding in any location where she otherwise may rightfully be, irrespective of whether the breast is uncovered during or incidental to the breast feeding.
Enacted by Chapter 131, 1995 General Session
2023 Utah Code › Title 17 - Counties › Chapter 15 - Miscellaneous Provisions › Section 26 - Leave of absence for county employee seeking election to county office.

17-15-26.
Leave of absence for county employee seeking election to county office.
(1) A county employee who has filed a declaration of candidacy under Section 20A-9-202 for a county office may, at the employee's discretion, take an unpaid leave of absence, subject to applicable employee policies on giving notice before taking leave, for some or all of the period from the filing of the declaration of candidacy until the earliest of:
(a) the employee's defeat at a primary election;
(b) the employee's withdrawal as a candidate for the county office; or
(c) the day after the regular general election for which the employee is a candidate.
(2) Neither the filing of a declaration of candidacy under Section 20A-9-202 nor a leave of absence under Subsection (1) may be used as the basis for any adverse employment action against the employee, including discipline or termination.
Enacted by Chapter 134, 1998 General Session
2023 Utah Code › Title 17 - Counties › Chapter 15 - Miscellaneous Provisions › Section 27 - Appointment of legal counsel by county executive and county legislative body.

Effective 3/15/2018
17-15-27.
Appointment of legal counsel by county executive and county legislative body.
(1)
(a) An elected county executive in a county that has adopted a county executive-council form of county government under Chapter 52a, Changing Forms of County Government, may appoint an attorney to advise and represent the county executive.
(b) An attorney appointed under Subsection (1)(a):
(i) serves at the pleasure of the county executive; and
(ii) may not perform any of the functions of a county attorney or district attorney under this title, except as provided in this section.
(c) An attorney appointed under this Subsection (1) may represent the county executive in cases and controversies before courts and administrative agencies and tribunals when a conflict exists that precludes the county or district attorney from representing the county executive.
(2)
(a) The legislative body of a county that has adopted a county executive-council form of county government under Chapter 52a, Changing Forms of County Government, may appoint an attorney to advise and represent the county legislative body.
(b) An attorney appointed under Subsection (2)(a):
(i) serves at the pleasure of the county legislative body; and
(ii) may not perform any of the functions of a county attorney or district attorney under this title, except as provided in this section.
(c) An attorney appointed under this Subsection (2) may represent the county legislative body in cases and controversies before courts and administrative agencies and tribunals when a conflict exists that precludes the county or district attorney from representing the county legislative body.
Amended by Chapter 68, 2018 General Session
2023 Utah Code › Title 17 - Counties › Chapter 15 - Miscellaneous Provisions › Section 28 - Definitions -- Electronic payments -- Fee.

17-15-28.
Definitions -- Electronic payments -- Fee.
(1) As used in this section:
(a) "Electronic payment" means the payment of money to a county by electronic means, including by means of a credit card, charge card, debit card, prepaid or stored value card or similar device, or automatic clearinghouse transaction.
(b) "Electronic payment fee" means an amount of money to defray the discount fee, processing fee, or other fee charged by a credit card company or processing agent to process an electronic payment.
(c) "Processing agent" means a bank, transaction clearinghouse, or other third party that charges a fee to process an electronic payment.
(2) A county may accept an electronic payment for the payment of funds which the county could have received through another payment method.
(3) A county that accepts an electronic payment may charge an electronic payment fee.
Enacted by Chapter 29, 2005 General Session
2023 Utah Code › Title 17 - Counties › Chapter 15 - Miscellaneous Provisions › Section 29 - Easement for utility use -- Realignment at property owner's expense.

17-15-29.
Easement for utility use -- Realignment at property owner's expense.
(1) As used in this section, "utility easement" means an easement acquired by a county through the use of eminent domain to provide utility services to the county's residents.
(2) The owner of a servient estate subject to a utility easement may realign the easement at the servient estate owner's expense unless the alignment cannot be reasonably changed because of engineering or safety requirements.
Enacted by Chapter 246, 2007 General Session
2023 Utah Code › Title 17 - Counties › Chapter 15 - Miscellaneous Provisions › Section 31 - Registration as a local government entity.

Effective 5/12/2020
17-15-31.
Registration as a local government entity.
(1)
(a) Each county shall register and maintain the county's registration as a local government entity, in accordance with Section 67-1a-15.
(b) The county clerk shall register and maintain the county's registration.
(2) A county that fails to comply with Subsection (1) or Section 67-1a-15 is subject to enforcement by the state auditor, in accordance with Section 67-3-1.
Amended by Chapter 30, 2020 General Session
2023 Utah Code › Title 17 - Counties › Chapter 15 - Miscellaneous Provisions › Section 32 - County website listing of local government entities.

Effective 2/27/2023
17-15-32.
County website listing of local government entities.
(1) As used in this section:
(a)
(i) "Limited purpose entity" means a legal entity that:
(A) performs a single governmental function or limited governmental functions; and
(B) is not a state executive branch agency, a state legislative office, or within the judicial branch.
(ii) "Limited purpose entity" includes:
(A) area agencies, area agencies on aging, and area agencies on high risk adults, as those terms are defined in Section 62A-3-101;
(B) charter schools created under Title 53G, Chapter 5, Charter Schools;
(C) community reinvestment agencies, as that term is defined in Section 17C-1-102;
(D) conservation districts, as that term is defined in Section 17D-3-102;
(E) governmental nonprofit corporations, as that term is defined in Section 11-13a-102;
(F) housing authorities, as that term is defined in Section 35A-8-401;
(G) independent entities and independent state agencies, as those terms are defined in Section 63E-1-102;
(H) interlocal entities, as that term is defined in Section 11-13-103;
(I) local building authorities, as that term is defined in Section 17D-2-102;
(J) special districts, as that term is defined in Section 17B-1-102;
(K) local health departments, as that term is defined in Section 26A-1-102;
(L) nonprofit corporations that receive an amount of money requiring an accounting report under Section 51-2a-201.5;
(M) school districts under Title 53G, Chapter 3, School District Creation and Change; and
(N) special service districts, as that term is defined in Section 17D-1-102.
(b) "Local government entity" means a municipality, as that term is defined in Section 10-1-104.
(2) Beginning on July 1, 2019, each county shall list on the county's website any of the following information that the lieutenant governor publishes in a registry of local government entities and limited purpose entities regarding each limited purpose entity and local government entity that operates, either in whole or in part, within the county or has geographic boundaries that overlap or are contained within the boundaries of the county:
(a) the entity's name;
(b) the entity's type of local government entity or limited purpose entity;
(c) the entity's governmental function;
(d) the entity's physical address and phone number, including the name and contact information of an individual whom the entity designates as the primary contact for the entity;
(e) names of the members of the entity's governing board or commission, managing officers, or other similar managers;
(f) the entity's sources of revenue; and
(g) if the entity has created an assessment area, as that term is defined in Section 11-42-102, information regarding the creation, purpose, and boundaries of the assessment area.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17 - Counties › Chapter 16 - County Officers › Part 1 - General Provisions › Section 1 - Eligibility and residency requirements for county, district, precinct, or prosecution district office.

17-16-1.
Eligibility and residency requirements for county, district, precinct, or prosecution district office.
(1) A person filing a declaration of candidacy for a county, district, precinct, or prosecution district office shall:
(a) be a United States citizen;
(b) except as provided in Section 20A-1-509.2 with respect to the office of county attorney or district attorney, as of the date of the election, have been a resident for at least one year of the county, district, precinct, or prosecution district in which the person seeks office; and
(c) be a registered voter in the county, district, precinct, or prosecution district in which the person seeks office.
(2)
(a) A county, district, precinct, or prosecution district officer shall maintain residency within the county, district, precinct, or prosecution district in which the officer was elected during the officer's term of office.
(b) If a county, district, precinct, or prosecution district officer establishes the officer's principal place of residence as provided in Section 20A-2-105 outside the county, district, precinct, or prosecution district in which the officer was elected, the office is automatically vacant.
Amended by Chapter 237, 2013 General Session
2023 Utah Code › Title 17 - Counties › Chapter 16 - County Officers › Part 1 - General Provisions › Section 2.5 - Creation of Office of District Attorney.

17-16-2.5.
Creation of Office of District Attorney.
For each prosecution district created in accordance with Chapter 18a, Part 7, Prosecution District, there is created the Office of District Attorney.
Amended by Chapter 237, 2013 General Session
2023 Utah Code › Title 17 - Counties › Chapter 16 - County Officers › Part 1 - General Provisions › Section 3 - Consolidation of offices.

Effective 5/3/2023
17-16-3.
Consolidation of offices.
(1) A county legislative body may, unless prohibited by Subsection (2), pass an ordinance that:
(a) consolidates county offices and establishes the duties of those consolidated offices;
(b) separates any previously consolidated offices and reconsolidates them; or
(c) separates any previously consolidated offices without reconsolidating them.
(2) A county legislative body may not:
(a) consolidate the offices of county commissioner, county council member, or county treasurer with the office of county auditor;
(b) consolidate the office of county executive with the office of county auditor, unless a referendum approving that consolidation passes; or
(c) consolidate the offices of county commissioner, county council member, county executive, county assessor, or county auditor with the office of county treasurer.
(3) Each county legislative body shall ensure that any ordinance consolidating or separating county offices:
(a) is enacted before the November 1 of the year before the year in which county officers are elected; and
(b) takes effect on the first Monday in January after the year in which county officers are elected.
(4)
(a) Each county legislative body shall:
(i) enact an ordinance by February 1, 2010, separating any county offices that are prohibited from consolidation by this section; and
(ii) publish, by February 15, 2010, a notice once in a newspaper of general circulation in the county identifying the county offices that will be filled in the November 2010 election.
(b)
(i) If a county legislative body has, by February 1, 2006, enacted an ordinance, in compliance with this Subsection (4) then in effect, separating county offices that are prohibited from consolidation by this section, the county legislative body may repeal that ordinance.
(ii) If a county legislative body has published notice in a newspaper identifying the county offices that will be filled in the November 2006 election, and that notice, because of a repeal of an ordinance under Subsection (4)(b)(i), is incorrect, the county legislative body shall publish notice once in a newspaper of general circulation in the county indicating that the previous notice was incorrect and correctly identifying the county offices that will be filled in the November 2006 election.
Amended by Chapter 55, 2023 General Session
2023 Utah Code › Title 17 - Counties › Chapter 16 - County Officers › Part 1 - General Provisions › Section 4 - Election of officer to consolidated office.

17-16-4.
Election of officer to consolidated office.
When offices are united and consolidated:
(1) only one person shall be elected to fill the united and consolidated offices; and
(2) the person elected shall:
(a) take the oath and give the bond required for each of the offices; and
(b) discharge all the duties pertaining to each of the offices.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 17 - Counties › Chapter 16 - County Officers › Part 1 - General Provisions › Section 5.5 - Reassignment of certain assessor duties to treasurer.

17-16-5.5.
Reassignment of certain assessor duties to treasurer.
A county legislative body may by ordinance reassign to the treasurer the duties of the assessor under Sections 41-1a-1320, 59-2-407, 59-2-1302, 59-2-1303, and 59-2-1305.
Amended by Chapter 39, 2006 General Session
2023 Utah Code › Title 17 - Counties › Chapter 16 - County Officers › Part 1 - General Provisions › Section 6 - County officers -- Time of holding elections -- County commissioners -- Terms of office.

Effective 1/1/2020
17-16-6.
County officers -- Time of holding elections -- County commissioners -- Terms of office.
(1) Except as otherwise provided in an optional plan adopted under Chapter 52a, Changing Forms of County Government:
(a) each elected county officer shall be elected at the regular general election every four years in accordance with Section 20A-1-201, except as otherwise provided in this title;
(b) county commissioners shall be elected at the times, in the manner, and for the terms provided in Section 17-52a-201; and
(c) an elected officer shall hold office for the term for which the officer is elected, beginning at noon on the first Monday in January following the officer's election and until a successor is elected or appointed and qualified, except as provided in Section 17-16-1.
(2)
(a) The terms of county officers shall be staggered in accordance with this Subsection (2).
(b) Except as provided in Subsection (2)(c), in the 2014 general election:
(i) the following county officers shall be elected to one six-year term and thereafter elected to a four-year term:
(A) county treasurer;
(B) county recorder;
(C) county surveyor; and
(D) county assessor; and
(ii) all other county officers shall be elected to a four-year term.
(c) If a county legislative body consolidates two or more county offices in accordance with Section 17-16-3, and the consolidated offices are on conflicting election schedules, the county legislative body shall pass an ordinance that sets the election schedule for the consolidated offices in a reasonable manner that staggers the terms of county officers as provided in this Subsection (2).
(3) An individual who holds a municipal elected office may not, at the same time, hold a county elected office.
(4) The restriction described in Subsection (3) applies regardless of whether the individual is elected to the office or appointed to fill a vacancy in the office.
Amended by Chapter 258, 2019 General Session
2023 Utah Code › Title 17 - Counties › Chapter 16 - County Officers › Part 1 - General Provisions › Section 7 - Deputies and employees -- Appointments -- County legislative body consent power -- Liability of principal -- Deputy may serve despite vacancy in office of appointing officer.

17-16-7.
Deputies and employees -- Appointments -- County legislative body consent power -- Liability of principal -- Deputy may serve despite vacancy in office of appointing officer.
(1)
(a) A county or precinct officer, including an elected county executive, except a county commissioner or county council member, may, with the consent of the county legislative body, appoint deputies and employees as necessary for the discharge of the duties of the officer's office.
(b) The county legislative body's consent power under Subsection (1)(a) shall be defined in county ordinance and may include consent by:
(i) the budget approval process;
(ii) approval of an allocation of a certain number of positions; or
(iii) approval or disapproval of the hiring of individual applicants.
(c) A county legislative body may by ordinance delegate to the county executive the authority to consent to the appointment of deputies and employees under this Subsection (1).
(2) If the county clerk performs district court clerk functions, the legislative body of that county shall provide the clerk with deputies and employees for the business of the district courts as considered necessary and advisable by the judge or judges of the district court, consistent with the level of funding for clerk services from the court administrator's office.
(3)
(a) Each officer appointing a deputy shall, for each deputy appointed, file a signed writing with the county clerk that memorializes the appointment.
(b) The officer appointing the deputy is liable for all official acts of the deputy.
(c) If the office of the officer who appointed the deputy becomes vacant, the deputy may continue to serve despite the vacancy.
Amended by Chapter 241, 2001 General Session
2023 Utah Code › Title 17 - Counties › Chapter 16 - County Officers › Part 1 - General Provisions › Section 9 - Officers at county seats -- Office hours.

17-16-9.
Officers at county seats -- Office hours.
(1) The elected county officers of all counties, except those in counties having a population of less than 8,000, shall have their offices at the county seats.
(2)
(a) In all counties the clerk, sheriff, recorder, auditor, treasurer, assessor, and attorney shall keep their offices open for the transaction of business as authorized by resolution of the county legislative body.
(b) If the county legislative body does not authorize hours of operation for Saturdays, then the hours served by the employees of the county may not be less than under their present schedule.
(c)
(i) Any act authorized, required, or permitted to be performed at or by, or with respect to, any county office on a Saturday when the county office is closed, may be performed on the next business day.
(ii) No liability or loss of rights of any kind may result from the delay described in Subsection (2)(c)(i).
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 17 - Counties › Chapter 16 - County Officers › Part 1 - General Provisions › Section 10.5 - Failure to perform duties constitutes malfeasance in office -- Felony charges arising from official duties -- Paid administrative leave -- Reassignment of duties.

17-16-10.5.
Failure to perform duties constitutes malfeasance in office -- Felony charges arising from official duties -- Paid administrative leave -- Reassignment of duties.
(1) The failure of an elected county or prosecution district officer substantially to perform the officer's official duties constitutes malfeasance in office under Section 77-6-1.
(2)
(a) If an elected county or prosecution district officer is charged with the commission of a felony arising from conduct related to the officer's official duties, the officer shall be placed on paid administrative leave by the county legislative body until:
(i) the charges are dismissed or the officer is acquitted, at which time the officer shall be entitled to return to office, unless the officer's term of office has in the meantime expired; or
(ii) the officer is convicted of a felony or attempt to commit a felony arising from conduct related to the officer's official duties, in which case the sentencing judge shall order the officer removed from office.
(b) A conviction or a plea of guilty or nolo contendere, relating to a felony charge described in Subsection (2)(a), constitutes malfeasance in office for purposes of Section 77-6-1.
(c) Entry of a plea in abeyance is the equivalent of a conviction for purposes of Subsection (2)(a)(ii), even if the charge is later dismissed pursuant to a plea in abeyance agreement.
(d) The provisions under this Subsection (2) for the removal of a county or prosecution district officer are in addition to and do not replace or supersede the removal provisions under Title 77, Chapter 6, Removal by Judicial Proceedings.
(3)
(a) During the time that an elected county or prosecution district officer is on paid administrative leave under Subsection (2), the officer's duties may, except as provided in Subsection (3)(c), be temporarily:
(i) reassigned to another officer by the county legislative body; or
(ii) performed by a person employed for that purpose.
(b) For purposes of Subsection (3)(a) with respect to a prosecution district officer in a multi-county prosecution district, "county legislative body" means the legislative bodies of all counties included in the prosecution district.
(c) A reassignment under Subsection (3)(a) may not result in the same person exercising the duties of:
(i) both a county legislative body member or county treasurer and county auditor; or
(ii) both a county executive and county auditor.
Amended by Chapter 321, 2006 General Session
2023 Utah Code › Title 17 - Counties › Chapter 16 - County Officers › Part 1 - General Provisions › Section 11 - Fidelity bonds and theft or crime insurance.

17-16-11.
Fidelity bonds and theft or crime insurance.
(1) As used in this section, "county officials" means:
(a) the members of the county legislative body;
(b) the county executive;
(c) the county clerk;
(d) the county auditor;
(e) the county sheriff;
(f) the county attorney;
(g) in a county that is within a prosecution district, the district attorney;
(h) the county recorder;
(i) the county assessor;
(j) the county surveyor;
(k) each justice court judge and constable within the county;
(l) the county treasurer; and
(m) each deputy or assistant of those listed in Subsections (1)(a) through (l) for whom the county legislative body determines a general fidelity bond or theft or crime insurance should be acquired.
(2)
(a) The legislative body of each county shall prescribe the amount of each general fidelity bond or of theft or crime insurance to be acquired for county officials, except the county treasurer, before the county officials, except the county treasurer, may discharge the duties of their respective offices.
(b) The State Money Management Council created in Section 51-7-16 shall prescribe the amount of a general fidelity bond or theft or crime insurance to be acquired for the county treasurer before the county treasurer may discharge the duties of that office.
(c) A county legislative body may acquire a fidelity bond or theft or crime insurance on all county officials as a group rather than individually.
(3)
(a) The county legislative body shall approve the premium for each fidelity bond before the bond may be filed.
(b) The cost of each fidelity bond and theft or crime insurance policy shall be paid from county funds.
(4) Each fidelity bond shall be filed and maintained in the office of the county clerk.
(5)
(a) The district attorney of each multicounty prosecution district shall:
(i) execute a fidelity bond or acquire theft or crime insurance in the amount specified in the interlocal agreement that created the prosecution district; and
(ii) file each fidelity bond with the county clerk as specified in the interlocal agreement.
(b) The cost of each fidelity bond or theft or crime insurance policy under Subsection (5)(a) shall be paid as specified in the interlocal agreement that created the prosecution district.
Amended by Chapter 268, 2007 General Session
2023 Utah Code › Title 17 - Counties › Chapter 16 - County Officers › Part 1 - General Provisions › Section 12 - Business to be finished before expiration of term.

17-16-12.
Business to be finished before expiration of term.
It shall be the duty of all officers in this title named to complete the business of their respective offices to the time of the expiration of their respective terms, and in case an officer at the close of his term shall leave to his successor official labor to be performed for which he has received compensation or which it was his duty to perform, he shall be liable to pay his successor the full value of such service.
No Change Since 1953
2023 Utah Code › Title 17 - Counties › Chapter 16 - County Officers › Part 1 - General Provisions › Section 14 - Salaries of county officers.

17-16-14.
Salaries of county officers.
The annual salaries of the officers of all counties in the state shall be fixed by the respective county legislative bodies, provided no changes shall be made in existing salaries of county officers until the county legislative body in a county desiring to change existing salaries of county officers shall first hold a public hearing at which all interested persons shall be given an opportunity to be heard.
Amended by Chapter 227, 1993 General Session
2023 Utah Code › Title 17 - Counties › Chapter 16 - County Officers › Part 1 - General Provisions › Section 16 - Commissioners' traveling expenses.

Effective 5/9/2017
17-16-16.
Commissioners' traveling expenses.
(1) The members of the board of county commissioners may not receive any compensation in addition to that provided in Section 17-16-14 for any special or committee work, but, subject to Subsection (2), each member shall receive travel expenses for attending the regular and special sessions of the board and in the discharge of necessary duties, in accordance with Section 11-55-103.
(2) Before receiving travel expenses described in Subsection (1), the member shall:
(a) submit an itemized statement showing in detail the expenses incurred; and
(b) subscribe and swear to the statement described in Subsection (2)(a).
Amended by Chapter 70, 2017 General Session
2023 Utah Code › Title 17 - Counties › Chapter 16 - County Officers › Part 1 - General Provisions › Section 17 - Change of class -- Effect on salaries -- Salaries for new counties.

17-16-17.
Change of class -- Effect on salaries -- Salaries for new counties.
If the taxable value of any existing county has been reduced below or raised above the class and rank first assumed, the county legislative body of the county shall designate the class to which the county has been reduced or raised, and the county is in that class, and the salaries of county officers shall be adjusted on or before January 1 next succeeding by the county legislative body, but in no event may the salaries be reduced for the term for which the officers were elected and are qualified. The county legislative body in a newly created county shall at its first meeting after the organization of the county, for the purpose of fixing salaries and compensation of county officers, determine to which class the county belongs, and fix the salaries for the first term of the officers accordingly.
Amended by Chapter 227, 1993 General Session
2023 Utah Code › Title 17 - Counties › Chapter 16 - County Officers › Part 1 - General Provisions › Section 18 - Salaries paid out of general fund.

Effective 5/13/2014
17-16-18.
Salaries paid out of general fund.
The salaries of county officers shall be paid monthly, semi-monthly, or bi-weekly, as determined by the county legislative body, out of the county general fund or the county salary fund upon the order of the county legislative body.
Amended by Chapter 176, 2014 General Session
2023 Utah Code › Title 17 - Counties › Chapter 16 - County Officers › Part 1 - General Provisions › Section 19 - Salaries to be full compensation -- Compensation for deputies.

17-16-19.
Salaries to be full compensation -- Compensation for deputies.
The salaries herein provided for shall be full compensation for all services of every kind and description rendered by the officers named herein; and where deputies or assistants have been allowed to any such officers the salary of any deputy or assistant shall be fixed by the county legislative body, and shall be a county charge.
Amended by Chapter 227, 1993 General Session
2023 Utah Code › Title 17 - Counties › Chapter 16 - County Officers › Part 1 - General Provisions › Section 20 - Salaries in case of combined offices.

17-16-20.
Salaries in case of combined offices.
Whenever the county legislative body shall combine the duties of any county officers the salary of the person discharging the duties of such offices shall be fixed at a sum not exceeding the highest salary paid to either of the officers whose offices are so combined, in addition to an amount not exceeding one-half of the salary fixed for the other officer, when only two offices are combined, or when more than two offices are combined, in addition to such highest salary, one-third of the combined salaries of such other officers.
Amended by Chapter 227, 1993 General Session
2023 Utah Code › Title 17 - Counties › Chapter 16 - County Officers › Part 1 - General Provisions › Section 21 - Fees of county officers.

Effective 9/1/2022
17-16-21.
Fees of county officers.
(1) As used in this section, "county officer" means a county officer enumerated in Section 17-53-101 except a county recorder, a county constable, or a county sheriff.
(2)
(a) A county officer shall collect, in advance, for exclusive county use and benefit:
(i) a fee established by the county legislative body under Section 17-53-211; and
(ii) any other fee authorized or required by law.
(b) As long as the Children's Legal Defense Account is authorized by Section 51-9-408, the county clerk shall:
(i) assess $10 in addition to whatever fee for a marriage license is established under authority of this section; and
(ii) transmit $10 from each marriage license fee to the Division of Finance for deposit in the Children's Legal Defense Account.
(c)
(i) As long as the Division of Child and Family Services, created in Section 80-2-201, has the responsibility under Section 80-2-301 to provide services, including temporary shelter, for victims of domestic violence, the county clerk shall:
(A) collect $10 in addition to whatever fee for a marriage license is established under authority of this section and in addition to the amount described in Subsection (2)(b), if an applicant chooses, as provided in Subsection (2)(c)(ii), to pay the additional $10; and
(B) to the extent actually paid, transmit $10 from each marriage license fee to the Division of Finance for distribution to the Division of Child and Family Services for the operation of shelters for victims of domestic violence.
(ii)
(A) The county clerk shall provide a method for an applicant for a marriage license to choose to pay the additional $10 referred to in Subsection (2)(c)(i).
(B) An applicant for a marriage license may choose not to pay the additional $10 referred to in Subsection (2)(c)(i) without affecting the applicant's ability to be issued a marriage license.
(d) If a county operates an online marriage application system, the county clerk of that county:
(i) may assess $20 in addition to the other fees for a marriage license established under this section;
(ii) except as provided in Subsection (2)(d)(iii), shall transmit $20 from the marriage license fee to the state treasurer for deposit annually as follows:
(A) the first $400,000 shall accrue to the Utah Marriage Commission, created in Title 63M, Chapter 15, Utah Marriage Commission, as dedicated credits for the operation of the Utah Marriage Commission; and
(B) proceeds in excess of $400,000 shall be deposited into the General Fund; and
(iii) may not transmit $20 from the marriage license fee to the state treasurer under this Subsection (2)(d) if both individuals seeking the marriage license certify that they have completed premarital counseling or education in accordance with Section 30-1-34.
(3) This section does not apply to a fee currently being assessed by the state but collected by a county officer.
Amended by Chapter 335, 2022 General Session
2023 Utah Code › Title 17 - Counties › Chapter 16 - County Officers › Part 2 - Personal Use Expenditure › Section 203 - Personal use expenditure -- Authorized and prohibited uses of campaign funds -- Enforcement -- Penalties.

Effective 5/10/2016
17-16-203.
Personal use expenditure -- Authorized and prohibited uses of campaign funds -- Enforcement -- Penalties.
(1) A county office candidate, county officer, local school board candidate, or local school board member may not use money deposited into the separate bank account required under Section 17-16-6.5 for:
(a) a personal use expenditure; or
(b) an expenditure prohibited by law.
(2)
(a) A county clerk shall enforce this section prohibiting a personal use expenditure by:
(i) evaluating a financial statement to identify a personal use expenditure; and
(ii) commencing an adjudicative proceeding in accordance with applicable county ordinance or policy if the county clerk has probable cause to believe a county office candidate, county officer, local school board candidate, or local school board member has made a personal use expenditure.
(b) Following the proceeding, the county clerk may issue a signed order requiring a county office candidate, county officer, local school board candidate, or local school board member who has made a personal use expenditure to:
(i) remit an administrative penalty of an amount equal to 50% of the personal use expenditure to the county clerk; and
(ii) deposit the amount of the personal use expenditure in the campaign account from which the personal use expenditure was disbursed.
(c) The county clerk shall deposit money received under Subsection (2)(b)(i) into the county's general fund.
Enacted by Chapter 50, 2016 General Session
2023 Utah Code › Title 17 - Counties › Chapter 16a - County Officers and Employees Disclosure Act › Section 3 - Definitions.

17-16a-3.
Definitions.
As used in this part:
(1) "Appointed officer" means any person appointed to any statutory office or position or any other person appointed to any position of employment with a county, except special employees. Appointed officers include, but are not limited to persons serving on special, regular or full-time committees, agencies, or boards whether or not such persons are compensated for their services. The use of the word "officer" in this part is not intended to make appointed persons or employees "officers" of the county.
(2) "Assist" means to act, or offer or agree to act, in such a way as to help, represent, aid, advise, furnish information to, or otherwise provide assistance to a person or business entity, believing that such action is of help, aid, advice, or assistance to such person or business entity and with the intent to so assist such person or business entity.
(3) "Business entity" means a sole proprietorship, partnership, association, joint venture, corporation, firm, trust, foundation, or other organization or entity used in carrying on a business.
(4) "Compensation" means anything of economic value, however designated, which is paid, loaned, granted, given, donated or transferred to any person or business entity for or in consideration of personal services, materials, property, or any other thing whatsoever.
(5) "Elected officer" means any person elected or appointed to any office in the county.
(6) "Governmental action" means any action on the part of a county including:
(a) any decision, determination, finding, ruling, or order; and
(b) any grant, payment, award, license, contract, subcontract, transaction, decision, sanction, or approval, or the denial thereof, or the failure to act in respect to.
(7) "Special employee" means any person hired on the basis of a contract to perform a special service for the county pursuant to an award of a contract following a public bid.
(8) "Substantial interest" means the ownership, either legally or equitably, by an individual, the individual's spouse, and the individual's minor children, of at least 10% of the outstanding shares of a corporation or 10% interest in any other business entity.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 17 - Counties › Chapter 16a - County Officers and Employees Disclosure Act › Section 4 - Prohibited use of official position -- Exception.

17-16a-4.
Prohibited use of official position -- Exception.
(1) Except as provided in Subsection (3) or (5), it is an offense for an elected or appointed officer to:
(a) disclose confidential information acquired by reason of the officer's official position or use that information to secure special privileges or exemptions for himself or others;
(b) use or attempt to use the officer's official position to secure special privileges for the officer or for others; or
(c) knowingly receive, accept, take, seek or solicit, directly or indirectly, any gift or loan for the officer or for another, if the gift or loan tends to influence the officer in the discharge of the officer's official duties.
(2) This section is inapplicable to:
(a) an occasional nonpecuniary gift having a value of less than $50;
(b) an award publicly presented;
(c) any bona fide loan made in the ordinary course of business; or
(d) political campaign contributions subject to Section 17-16-6.5.
(3) A member of a county legislative body who is also a member of the governing board of a provider of mental health or substance abuse services under contract with the county does not commit an offense under Subsection (1)(a) or (b) by discharging, in good faith, the duties and responsibilities of each position, if the county legislative body member does not participate in the process of selecting the mental health or substance abuse service provider.
(4) Notwithstanding the provisions of this section, a county or county official may encourage support from a public or private individual or institution, whether in financial contributions or by other means, on behalf of an organization or activity that benefits the community.
(5) This section does not apply to an elected or appointed officer who engages in conduct that constitutes a violation of this section to the extent that the elected or appointed officer is chargeable, for the same conduct, under Section 76-8-105.
Amended by Chapter 142, 2013 General Session
Amended by Chapter 445, 2013 General Session
2023 Utah Code › Title 17 - Counties › Chapter 16a - County Officers and Employees Disclosure Act › Section 5 - Compensation for assistance in transaction involving county -- Public disclosure and filing required.

17-16a-5.
Compensation for assistance in transaction involving county -- Public disclosure and filing required.
(1) No elected or appointed officer may receive or agree to receive compensation for assisting any person or business entity in any transaction involving the county in which he is an officer unless he files with the county legislative body a sworn statement giving the information required by this section, and discloses in open meeting to the members of the body of which he is a member, immediately prior to the discussion, the information required by Subsection (3).
(2) The statement required to be filed by this section shall be filed 10 days prior to the date of any agreement between the elected or appointed officer and the person or business entity being assisted or 10 days prior to the receipt of compensation by the business entity. The statement is public information and is available for examination by the public.
(3) The statement and disclosure shall contain the following information:
(a) the name and address of the officer;
(b) the name and address of the person or business entity being or to be assisted, or in which the appointed or elected official has a substantial interest; and
(c) a brief description of the transaction as to which service is rendered or is to be rendered and of the nature of the service performed or to be performed.
Amended by Chapter 227, 1993 General Session
2023 Utah Code › Title 17 - Counties › Chapter 16a - County Officers and Employees Disclosure Act › Section 6 - Interest in business entity regulated by county -- Disclosure.

17-16a-6.
Interest in business entity regulated by county -- Disclosure.
Every appointed or elected officer who is an officer, director, agent, or employee or the owner of a substantial interest in any business entity which is subject to the regulation of the county in which the officer is an elected or appointed officer shall disclose the position held and the precise nature and value of the officer's interest upon first becoming appointed or elected, and again during January of each year thereafter during which the officer continues to be an appointed or elected officer. The disclosure shall be made in a sworn statement filed with the county legislative body. The commission shall report the substance of all such disclosure statements to the members of the governing body or may provide to the members of the governing body, copies of the disclosure statement within 30 days after the statement is received. This section does not apply to instances where the value of the interest does not exceed $2,000, and life insurance policies and annuities may not be considered in determining the value of the interest.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 17 - Counties › Chapter 16a - County Officers and Employees Disclosure Act › Section 7 - Interest in business entity doing business with county -- Disclosure.

17-16a-7.
Interest in business entity doing business with county -- Disclosure.
Every appointed or elected officer who is an officer, director, agent, or employee, or owner of a substantial interest in any business entity which does or anticipates doing business with the county in which he is an appointed or elected officer, shall publicly disclose to the members of the body on which he is a member immediately prior to any discussion by such body matters relating to such business entity, the nature of his interest in that business entity. The disclosure statement shall be entered in the minutes of the meeting.
Enacted by Chapter 46, 1983 General Session
2023 Utah Code › Title 17 - Counties › Chapter 16a - County Officers and Employees Disclosure Act › Section 8 - Investment creating conflict of interest with duties -- Disclosure.

17-16a-8.
Investment creating conflict of interest with duties -- Disclosure.
Any personal interest of or investment by any elected or appointed official of a county which creates a potential or actual conflict between the official's personal interests and his public duties shall be disclosed in open meeting to the members of the body in the manner required by Section 17-16a-6.
Enacted by Chapter 46, 1983 General Session
2023 Utah Code › Title 17 - Counties › Chapter 16a - County Officers and Employees Disclosure Act › Section 9 - Inducing officer to violate provisions prohibited.

17-16a-9.
Inducing officer to violate provisions prohibited.
No person shall induce or seek to induce any appointed or elected officer to violate any of the provisions of this part.
Enacted by Chapter 46, 1983 General Session
2023 Utah Code › Title 17 - Counties › Chapter 16a - County Officers and Employees Disclosure Act › Section 10 - Violation a misdemeanor -- Removal from office.

17-16a-10.
Violation a misdemeanor -- Removal from office.
In addition to any penalty contained in any other provision of law, any person who knowingly and intentionally violates this part is guilty of a class A misdemeanor and shall be dismissed from employment or removed from office.
Amended by Chapter 241, 1991 General Session
2023 Utah Code › Title 17 - Counties › Chapter 16a - County Officers and Employees Disclosure Act › Section 11 - County ethics commission -- Complaints charging violations -- Procedure.

Effective 5/8/2018
17-16a-11.
County ethics commission -- Complaints charging violations -- Procedure.
(1) A county may establish by ordinance an ethics commission to review a complaint, except as provided in Subsection (3), against an officer or employee subject to this part for a violation of a provision of this part.
(2)
(a) Except as provided in Subsection (3), a person filing a complaint for a violation of this part shall file the complaint:
(i) with the county ethics commission, if the county has established a county ethics commission in accordance with Subsection (1); or
(ii) with the Political Subdivisions Ethics Review Commission established in accordance with Title 63A, Chapter 15, Political Subdivisions Ethics Review Commission if the county has not established a county ethics commission.
(b) A county that receives a complaint described in Subsection (2)(a) may:
(i) accept the complaint if the county has established a county ethics commission in accordance with Subsection (1); or
(ii) forward the complaint to the Political Subdivisions Ethics Review Commission established in Section 63A-15-201:
(A) regardless of whether the county has established a county ethics commission; or
(B) if the county has not established a county ethics commission.
(3) Any complaint against a person who is under the merit system, charging that person with a violation of this part, shall be filed and processed in accordance with the provisions of the merit system.
Amended by Chapter 461, 2018 General Session
2023 Utah Code › Title 17 - Counties › Chapter 16a - County Officers and Employees Disclosure Act › Section 12 - Rescission of prohibited transaction.

17-16a-12.
Rescission of prohibited transaction.
If any transaction is entered into in connection with a violation of Section 17-16a-6, the county may rescind or void any contract or subcontract entered into pursuant to that transaction without returning any part of the consideration received by the county.
Enacted by Chapter 46, 1983 General Session
2023 Utah Code › Title 17 - Counties › Chapter 17 - County Assessor › Section 1 - Duties of assessor -- Effective date of boundary changes for assessment.

17-17-1.
Duties of assessor -- Effective date of boundary changes for assessment.
(1) The assessor, in cooperation with the State Tax Commission, shall:
(a) perform the duties required in Title 59, Chapter 2, Part 13, Collection of Taxes, except those duties that have been reassigned to the treasurer in an ordinance adopted under Section 17-16-5.5; and
(b) perform any other duties required by law.
(2) An assessment shall be collected in accordance with the effective date and boundary adjustment provisions in Subsection 17-2-209(4).
Amended by Chapter 381, 2010 General Session