reglab/statecodes huggingface dataset:
2023 Utah Code › Title 17 - Counties › Chapter 17 - County Assessor › Section 2 - Assessor to be state qualified -- Vacancy -- Filling vacancy.

Effective 5/10/2016
17-17-2.
Assessor to be state qualified -- Vacancy -- Filling vacancy.
(1) As used in this section:
(a) "State-certified appraiser" means a state-certified general appraiser or state-certified residential appraiser as those terms are defined in Section 61-2g-102.
(b) "State-licensed appraiser" means the same as that term is defined in Section 61-2g-102.
(2) An individual elected to the office of county assessor shall:
(a) meet the requirements described in Section 17-16-1; and
(b)
(i) except as provided in Subsection (2)(b)(ii), if elected on or after November 1, 1993, become a state-licensed or state-certified appraiser no later than 36 months after the day on which the individual's term of office begins; or
(ii) if elected on or after January 1, 2010, in a county of the first, second, or third class, be a state-licensed or state-certified appraiser before filing a declaration of candidacy for the office of county assessor.
(3) The county assessor's office is vacant if:
(a) an assessor fails to meet the requirements described in Subsection (2); or
(b) no individual who meets the requirements described in Subsection (2) timely files a declaration of candidacy for the office of county assessor.
(4)
(a) If a vacancy described in Subsection (3) occurs, the county legislative body shall fill the vacancy in accordance with Sections 17-53-104 and 20A-1-508.
(b) The individual who the county legislative body selects to fill the vacancy shall be a state-licensed or state-certified appraiser before the individual assumes the office of county assessor.
(5) If the county legislative body cannot find an individual who meets the requirements described in Subsection (2) to fill a vacancy described in Subsection (3), the county legislative body may contract with a state-licensed or state-certified appraiser from outside the county to fill the remainder of the county assessor's term of office.
Repealed and Re-enacted by Chapter 285, 2016 General Session
2023 Utah Code › Title 17 - Counties › Chapter 18a - Powers and Duties of County and District Attorney › Part 1 - General Provisions › Section 102 - Definitions.

17-18a-102.
Definitions.
(1) "Attorney" means a county attorney described in Section 17-18a-301 or a district attorney described in Section 17-18a-301.
(2) "Prosecution district" means a district created under Part 7, Prosecution District.
Enacted by Chapter 237, 2013 General Session
2023 Utah Code › Title 17 - Counties › Chapter 18a - Powers and Duties of County and District Attorney › Part 2 - Duties › Section 201 - County and district attorney duties.

17-18a-201.
County and district attorney duties.
The duties, functions, and responsibilities of a county attorney or district attorney, acting as a public prosecutor or as civil counsel, are as provided in this chapter.
Enacted by Chapter 237, 2013 General Session
2023 Utah Code › Title 17 - Counties › Chapter 18a - Powers and Duties of County and District Attorney › Part 2 - Duties › Section 202 - County attorney powers and functions.

17-18a-202.
County attorney powers and functions.
(1) Except within a county that is located in a prosecution district, the county attorney:
(a) is a public prosecutor for the county; and
(b) shall perform each public prosecutor and civil counsel duty in accordance with this chapter or as otherwise required by law.
(2) In a county that is located within a prosecution district, the county attorney:
(a) is the civil counsel for the county; and
(b) shall perform each civil counsel duty in the county or prosecution district in accordance with this chapter or as otherwise required by law.
Enacted by Chapter 237, 2013 General Session
2023 Utah Code › Title 17 - Counties › Chapter 18a - Powers and Duties of County and District Attorney › Part 2 - Duties › Section 203 - District attorney powers and functions.

17-18a-203.
District attorney powers and functions.
In a county that is located within a prosecution district, the district attorney:
(1) is a public prosecutor for the county; and
(2) shall perform each public prosecutor duty in accordance with this chapter or as otherwise required by law.
Enacted by Chapter 237, 2013 General Session
2023 Utah Code › Title 17 - Counties › Chapter 18a - Powers and Duties of County and District Attorney › Part 2 - Duties › Section 204 - Consolidated office.

17-18a-204.
Consolidated office.
Within a prosecution district, the duties and responsibilities of the district attorney and county attorney may be consolidated into one office as provided in Section 17-16-3.
Enacted by Chapter 237, 2013 General Session
2023 Utah Code › Title 17 - Counties › Chapter 18a - Powers and Duties of County and District Attorney › Part 3 - Qualifications and Term › Section 301 - County officers.

17-18a-301.
County officers.
(1) The county attorney is an elected officer as described in Section 17-53-101.
(2)
(a) If the boundaries of a prosecution district are located entirely within one county, the district attorney of the prosecution district is an elected officer of that county.
(b) If the boundaries of a prosecution district include more than one county, the interlocal agreement that creates that prosecution district in accordance with Section 17-18a-602 may designate the district attorney as an elected officer in one or more of the counties in which the prosecution district is located.
(3) The district attorney:
(a) is a full-time employee of the prosecution district; and
(b) may not engage in the private practice of law.
(4) A county attorney may:
(a) serve as a part-time employee; and
(b) engage in the private practice of law, subject to Section 17-18a-605 and the Rules of Professional Conduct.
Enacted by Chapter 237, 2013 General Session
2023 Utah Code › Title 17 - Counties › Chapter 18a - Powers and Duties of County and District Attorney › Part 3 - Qualifications and Term › Section 302 - Qualifications.

17-18a-302.
Qualifications.
(1) A person filing a declaration of candidacy for the office of county or district attorney shall be:
(a) a United States citizen;
(b) an attorney licensed to practice law in the state;
(c) an active member of the Utah State Bar in good standing;
(d) except as provided in Subsection (2), a registered voter in the county or prosecution district in which the attorney is elected to office; and
(e) except as provided in Subsection (2), as of the date of election, a resident for at least one year of the county or prosecution district in which the person seeks office.
(2) A person appointed to the office of county or district attorney in accordance with Section 20A-1-509.2 shall be:
(a) a United States citizen;
(b) an attorney licensed to practice law in the state; and
(c) an active member of the Utah State Bar in good standing.
Enacted by Chapter 237, 2013 General Session
2023 Utah Code › Title 17 - Counties › Chapter 18a - Powers and Duties of County and District Attorney › Part 4 - Public Prosecutor Duties › Section 401 - Public prosecutor powers and duties.

17-18a-401.
Public prosecutor powers and duties.
An attorney who serves as a public prosecutor shall:
(1) except for a prosecution undertaken by a city attorney under Section 10-3-928, conduct, on behalf of the state, all prosecutions for a public offense committed within a county or prosecution district;
(2) conduct, on behalf of the county, all prosecutions for a public offense in violation of a county criminal ordinance; and
(3) perform all other duties and responsibilities as required by law.
Enacted by Chapter 237, 2013 General Session
2023 Utah Code › Title 17 - Counties › Chapter 18a - Powers and Duties of County and District Attorney › Part 4 - Public Prosecutor Duties › Section 402 - Pretrial responsibilities.

17-18a-402.
Pretrial responsibilities.
(1)
(a) A public prosecutor shall:
(i) institute proceedings before the proper court:
(A) for the arrest of a person charged with a public offense; or
(B) if the prosecutor has probable cause to believe that a public offense has been committed and a grand jury has been convened by a court;
(ii) draw all indictments and information for offenses against:
(A) the laws of the state occurring within the county; and
(B) the criminal ordinances of the county;
(iii) cause all persons under indictment or informed against to be speedily arraigned for crimes charged; and
(iv) issue subpoenas for all witnesses for the state or for the county in the prosecution of a criminal ordinance.
(b) A public prosecutor described in Subsection (1)(a)(i)(B) shall:
(i) assist and attend the deliberations of the grand jury; and
(ii) prepare all necessary indictments and arrange for the subpoena of witnesses to appear before the grand jury.
(2) The public prosecutor may:
(a) examine as to the sufficiency of an appearance bond that may be tendered to the court; and
(b) upon a court order:
(i) institute proceedings for the recovery upon forfeiture of a bond running to the state or county; and
(ii) enforce the collection of a bond described in Subsection (2)(b)(i).
(3) The public prosecutor is authorized to grant transactional immunity to a witness for violation of a state statute or county criminal ordinance.
Enacted by Chapter 237, 2013 General Session
2023 Utah Code › Title 17 - Counties › Chapter 18a - Powers and Duties of County and District Attorney › Part 4 - Public Prosecutor Duties › Section 403 - Appeal.

17-18a-403.
Appeal.
(1) A public prosecutor shall assist and cooperate, as required by the attorney general, in a case that may be appealed to the Court of Appeals or Utah Supreme Court regarding a criminal violation of state statute.
(2) A public prosecutor shall appear and prosecute all appeals, in the appropriate court, for a crime charged as a misdemeanor in district court or as a violation of a county criminal ordinance.
Enacted by Chapter 237, 2013 General Session
2023 Utah Code › Title 17 - Counties › Chapter 18a - Powers and Duties of County and District Attorney › Part 4 - Public Prosecutor Duties › Section 404 - Juvenile proceedings.

Effective 9/1/2021
17-18a-404.
Juvenile proceedings.
For a proceeding involving an offense committed by a minor as defined in Section 80-1-102, a public prosecutor shall:
(1) review cases in accordance with Title 80, Chapter 6, Juvenile Justice; and
(2) appear and prosecute for the state in the juvenile court of the county.
Amended by Chapter 262, 2021 General Session
2023 Utah Code › Title 17 - Counties › Chapter 18a - Powers and Duties of County and District Attorney › Part 4 - Public Prosecutor Duties › Section 405 - Civil responsibilities of public prosecutors.

Effective 5/3/2023
17-18a-405.
Civil responsibilities of public prosecutors.
A public prosecutor may act as legal counsel to the state, county, government agency, or government entity regarding the following matters of civil law:
(1) bail bond forfeiture actions;
(2) actions for the forfeiture of property or contraband, as provided in Title 77, Chapter 11b, Forfeiture of Seized Property;
(3) civil actions incidental to or appropriate to supplement a public prosecutor's duties, including an injunction, a habeas corpus, a declaratory action, or an extraordinary writ action, in which the interests of the state may be affected; and
(4) any other civil duties related to criminal prosecution that are otherwise provided by statute.
Amended by Chapter 448, 2023 General Session
2023 Utah Code › Title 17 - Counties › Chapter 18a - Powers and Duties of County and District Attorney › Part 5 - Counsel for Civil Actions › Section 501 - Duties as civil counsel.

17-18a-501.
Duties as civil counsel.
The attorney shall:
(1) appear in, prosecute, and defend each civil action in which the county is a party;
(2) prosecute, either directly or through a private contract for debt collection, each action for the recovery of debts, fines, penalties, and forfeitures accruing to the county;
(3) prosecute each appeal regarding a civil counsel's duties or functions in which the county is a party;
(4) act as the civil legal advisor to the county; and
(5) attend the meetings and hearings of the county legislative body as necessary.
Enacted by Chapter 237, 2013 General Session
2023 Utah Code › Title 17 - Counties › Chapter 18a - Powers and Duties of County and District Attorney › Part 5 - Counsel for Civil Actions › Section 502 - Civil violation of county ordinance.

17-18a-502.
Civil violation of county ordinance.
The civil counsel shall enforce and prosecute, in the appropriate court, civil violations of a county ordinance.
Enacted by Chapter 237, 2013 General Session
2023 Utah Code › Title 17 - Counties › Chapter 18a - Powers and Duties of County and District Attorney › Part 5 - Counsel for Civil Actions › Section 503 - Legal opinions.

17-18a-503.
Legal opinions.
The civil counsel shall prepare a legal opinion in writing to a county officer on matters relating to the duties of the respective officer's office.
Enacted by Chapter 237, 2013 General Session
2023 Utah Code › Title 17 - Counties › Chapter 18a - Powers and Duties of County and District Attorney › Part 5 - Counsel for Civil Actions › Section 504 - Review and advise as to form.

Effective 5/4/2022
17-18a-504.
Review and advise as to form.
The civil counsel shall review and advise as to form and legality each county contract, ordinance, regulation, real estate document, conveyance, and legal document.
Amended by Chapter 260, 2022 General Session
2023 Utah Code › Title 17 - Counties › Chapter 18a - Powers and Duties of County and District Attorney › Part 5 - Counsel for Civil Actions › Section 505 - Escheats to the state.

17-18a-505.
Escheats to the state.
The civil counsel shall:
(1) assist in determining what estate or property located within the county escheates or reverts to the state; and
(2) provide assistance to the county assessor and the state auditor in discovering and recovering an escheat.
Enacted by Chapter 237, 2013 General Session
2023 Utah Code › Title 17 - Counties › Chapter 18a - Powers and Duties of County and District Attorney › Part 6 - General Duties and Prohibitions › Section 601 - Assistance to the attorney general.

Effective 5/8/2018
17-18a-601.
Assistance to the attorney general.
(1)
(a) The attorney shall appear and assist the attorney general in criminal and civil legal matters involving the state if:
(i) except as provided in Subsection (1)(b), the attorney general requests assistance; or
(ii) the attorney is required by law to provide assistance.
(b) The attorney is not required to provide, if requested, the attorney general assistance if the attorney's assistance would:
(i) interfere with the attorney's duties and responsibilities to the county; or
(ii) create a conflict of interest.
(c) The attorney shall cooperate with the attorney general in an investigation.
(2) The attorney general shall assist the attorney with a criminal prosecution if a court:
(a) finds that the attorney is unable to satisfactorily and adequately perform the duties of prosecuting a criminal case; and
(b) recommends that the attorney seek additional legal assistance.
Amended by Chapter 24, 2018 General Session
2023 Utah Code › Title 17 - Counties › Chapter 18a - Powers and Duties of County and District Attorney › Part 6 - General Duties and Prohibitions › Section 602 - Deputy attorneys.

17-18a-602.
Deputy attorneys.
(1) The attorney may employ a deputy attorney to perform the duties of public prosecutor or civil counsel.
(2)
(a) Subject to the approval of the county attorney, the district attorney may cross deputize a county deputy attorney as a deputy district attorney.
(b) Subject to the approval of the district attorney, the county attorney may cross deputize a deputy district attorney as a deputy county attorney.
(3) The county attorney may specially deputize, for a limited time or limited purpose, an attorney licensed to practice law in the state and in good standing with the Utah State Bar as a deputy to assist in any public prosecutor or civil counsel duties specified in the special deputization.
Enacted by Chapter 237, 2013 General Session
2023 Utah Code › Title 17 - Counties › Chapter 18a - Powers and Duties of County and District Attorney › Part 6 - General Duties and Prohibitions › Section 603 - Legislative functions.

17-18a-603.
Legislative functions.
The attorney:
(1) may review a state statute;
(2) shall review each county ordinance;
(3) shall call to the attention of the state Legislature or the county legislative body any defect in the operation of the law; and
(4) shall suggest and assist in presenting an amendment to correct the defect.
Enacted by Chapter 237, 2013 General Session
2023 Utah Code › Title 17 - Counties › Chapter 18a - Powers and Duties of County and District Attorney › Part 6 - General Duties and Prohibitions › Section 605 - Prohibited acts.

17-18a-605.
Prohibited acts.
(1) Within the state, the attorney may not consult with or otherwise represent a person charged with a crime, misdemeanor, or breach of a criminal statute or ordinance.
(2) A public prosecutor may not prosecute or dismiss in the name of the state a case in which the public prosecutor has previously acted as legal counsel for the accused.
(3) A public prosecutor may not after the filing of an indictment or information and without the consent of the court:
(a) compromise a prosecution; or
(b) enter a plea of nolle prosequi.
Enacted by Chapter 237, 2013 General Session
2023 Utah Code › Title 17 - Counties › Chapter 18a - Powers and Duties of County and District Attorney › Part 7 - Prosecution District › Section 702 - Multicounty prosecution district.

17-18a-702.
Multicounty prosecution district.
(1)
(a) Subject to Subsection (2), two or more counties, whether or not contiguous, may enter into an agreement in accordance with Title 11, Chapter 13, Interlocal Cooperation Act, to create and maintain a prosecution district.
(b) A prosecution district described in Subsection (1)(a) shall include all of the area within the boundaries of each county party to the agreement.
(2) A county may not enter into an agreement to create a multicounty prosecution district unless each county entering into the agreement is located within a single judicial district, as described in Section 78A-1-102, with the other party counties.
Enacted by Chapter 237, 2013 General Session
2023 Utah Code › Title 17 - Counties › Chapter 18a - Powers and Duties of County and District Attorney › Part 7 - Prosecution District › Section 703 - Dissolution of prosecution district.

17-18a-703.
Dissolution of prosecution district.
(1) A county legislative body of a prosecution district described in Section 17-18a-701, or the legislative bodies of multiple counties within a multicounty prosecution district described in Section 17-18a-702, may not dissolve the prosecution district or multicounty prosecution district, respectively, during the term of office of an elected or appointed district attorney.
(2) Each county legislative body shall ensure that an ordinance dissolving a prosecution district within a single county or an interlocal agreement dissolving a prosecution district within multiple counties:
(a) is enacted before February 1 of the year in which the regular general election, as defined in Section 20A-1-102, is held to elect an attorney; and
(b) takes effect on the first Monday in January after the year in which the attorney is elected.
Enacted by Chapter 237, 2013 General Session
2023 Utah Code › Title 17 - Counties › Chapter 18a - Powers and Duties of County and District Attorney › Part 8 - Ethical Responsibilities › Section 801 - Public prosecutor's ethical duties.

17-18a-801.
Public prosecutor's ethical duties.
An attorney exercising public prosecutor duties under this chapter:
(1) is a lawyer representing an organization as a client under the Rules of Professional Conduct, Rule 1.13;
(2) represents the state as an organizational client;
(3) is considered the representative of the state; and
(4) is empowered to make commitments for and decisions on behalf of the state.
Enacted by Chapter 237, 2013 General Session
2023 Utah Code › Title 17 - Counties › Chapter 18a - Powers and Duties of County and District Attorney › Part 8 - Ethical Responsibilities › Section 802 - Representation by civil counsel -- County is client.

17-18a-802.
Representation by civil counsel -- County is client.
(1)
(a) An attorney acting as civil counsel under this chapter represents an organization as a client in accordance with Rules of Professional Conduct, Rule 1.13.
(b) The county is the client organization described in Subsection (1)(a).
(2) The attorney:
(a) does not represent a county commission, county agency, county board, county council, county officer, or county employee;
(b) counsels with the county regarding civil matters; and
(c) receives direction from the county through the county elected officers in accordance with the officers' duties and powers in accordance with law.
(3) Notwithstanding Subsection (2)(a), the attorney may represent an employee named as a party in litigation:
(a) with the approval of the county executive; and
(b) if permitted by law and the Rules of Professional Conduct.
Enacted by Chapter 237, 2013 General Session
2023 Utah Code › Title 17 - Counties › Chapter 18a - Powers and Duties of County and District Attorney › Part 8 - Ethical Responsibilities › Section 803 - License suspended -- Vacancy.

17-18a-803.
License suspended -- Vacancy.
If the attorney is suspended or disbarred from the practice of law in the state, the attorney's office is vacant immediately upon suspension or disbarment.
Enacted by Chapter 237, 2013 General Session
2023 Utah Code › Title 17 - Counties › Chapter 19a - County Auditor › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/3/2023
17-19a-102.
Definitions.
As used in this chapter:
(1) "Account" or "accounting" means:
(a) the systematic recording, classification, or summarizing of a financial transaction or event; and
(b) the interpretation or presentation of the result of an action described in Subsection (1)(a).
(2)
(a) "Accounting services" means the creation, modification, or deletion of transactions and records in a financial accounting system, including the preparation of a county's annual financial report.
(b) "Accounting services" does not include the creation of a purchase order.
(3) "Audit" or "auditing" means an examination that is a formal analysis of a county account or county financial record:
(a) to verify accuracy, completeness, or compliance with an internal control;
(b) to give a fair presentation of a county's financial status; and
(c) that conforms to the uniform classification of accounts established by the state auditor.
(4) "Book" means a financial record of the county, regardless of a record's format.
(5)
(a) "Budget" or "budgeting" means the preparation or presentation of a proposed or tentative budget as provided in Chapter 36, Uniform Fiscal Procedures Act for Counties.
(b) "Budget" or "budgeting" includes:
(i) a revenue projection;
(ii) a budget request compilation; or
(iii) the performance of an activity described in Subsection (5)(b)(i) or (ii).
(6)
(a) "Claim" means under the color of law:
(i) a demand presented for money or damages; or
(ii) a cause of action presented for money or damages.
(b) "Claim" does not mean a routine, uncontested, or regular payment, including a bill, purchase, or payroll.
(7)
(a) "County auditor" means the county officer elected as the county auditor under Section 17-53-101.
(b) "County auditor" includes a person given the title of county controller under Subsection 17-19a-202(6).
(8) "County executive" means the elected chief executive officer of a county.
(9) "Performance audit" means an assessment of whether a county office, officer, department, division, court, or entity, or any related county program is:
(a) managing public resources and exercising authority in compliance with law and policy;
(b) achieving objectives and desired outcomes; and
(c) providing services effectively, efficiently, economically, ethically, and equitably.
Amended by Chapter 178, 2023 General Session
2023 Utah Code › Title 17 - Counties › Chapter 19a - County Auditor › Part 2 - Powers and Duties › Section 201 - Seal.

17-19a-201.
Seal.
(1) The county legislative body shall furnish the auditor a seal in accordance with Subsection (2).
(2) The seal shall contain or be impressed with:
(a) the name of the county; and
(b) "State of Utah, County Auditor."
Enacted by Chapter 17, 2012 General Session
2023 Utah Code › Title 17 - Counties › Chapter 19a - County Auditor › Part 2 - Powers and Duties › Section 202 - Duties and services.

Effective 5/3/2023
17-19a-202.
Duties and services.
A county auditor shall perform:
(1) in accordance with Section 17-19a-205, an accounting duty or service described in this chapter or otherwise required by law;
(2) an auditing duty or service described in this chapter or otherwise required by law; and
(3) other duties as may be required by law.
(4) A county auditor may conduct, in relation to any county office, officer, department, division, court, or entity, as the county auditor deems necessary, the following duties and services:
(a) financial audits;
(b) attestation-level examinations, reviews, and agreed-upon procedures engagements or reviews of financial statements;
(c) subject to Section 17-19a-206, performance audits;
(d) subject to Section 17-19a-205, accounting services; and
(e) other duties as required by law.
(5) In a county of the first class, the county auditor shall conduct the services under Subsections (4)(a) through (c) in accordance with generally accepted government auditing standards.
(6) A county legislative body may change the title of county auditor to county controller for a county auditor's office that predominantly performs accounting services.
(7) The county auditor may not conduct the services described in Subsections (4)(a) through (c) with respect to the auditor's own office, accounts, or financial records.
(8) Nothing in this chapter limits a county legislative body's authority under Section 17-53-212 or a county executive's authority under Section 17-53-303.
Amended by Chapter 178, 2023 General Session
2023 Utah Code › Title 17 - Counties › Chapter 19a - County Auditor › Part 2 - Powers and Duties › Section 204 - Auditing services.

17-19a-204.
Auditing services.
(1)
(a) Except as provided in Subsection (1)(b) and subject to Subsection (2), a county auditor is authorized to audit the financial records and accounts of a:
(i) county office;
(ii) county department;
(iii) county division;
(iv) county justice court; or
(v) any other county entity.
(b) The county auditor may not audit the auditor's own office, including any of the county auditor's financial records or accounts.
(2) The county auditor shall perform an audit:
(a) as needed, as defined by good management practices and the standards of the profession; and
(b) based on the auditor's professional judgement, taking into account considerations related to risk and materiality.
(3) Nothing in this section may be construed to affect a county legislative body's authority under Section 17-53-212 or a county executive's authority under Section 17-53-303.
Enacted by Chapter 17, 2012 General Session
2023 Utah Code › Title 17 - Counties › Chapter 19a - County Auditor › Part 2 - Powers and Duties › Section 205 - Accounting services.

Effective 5/4/2022
17-19a-205.
Accounting services.
(1) Except as provided in Subsections (2) and (3), the county auditor shall provide accounting services for the county.
(2) For a county operating under the county executive-council form of government as described in Section 17-52a-203, the county council may, by ordinance, delegate accounting services provided for or executed on behalf of the entire county:
(a) to the county executive; or
(b) to an office's or department's officer or director.
(3) For a county operating under the council-manager form of county government as described in Section 17-52a-204, if the county auditor provides preapproval or postpayment review for all payments by the county, the county council may by ordinance passed on or before December 31, 2021, delegate accounting services provided for or executed on behalf of the entire county:
(a) to the county manager; or
(b) to an office's or department's officer or director.
(4) If a county council delegates the provision of accounting services in accordance with Subsection (2) or (3):
(a) the county council shall make the delegation in accordance with good management practice to foster effectiveness, efficiency, and the adequate protection of a county asset;
(b) the county council shall make the delegation by considering appropriate checks and balances within county government; and
(c) the entity that is selected to provide accounting services shall prepare the tentative budget as provided in Chapter 36, Uniform Fiscal Procedures Act for Counties.
Amended by Chapter 288, 2022 General Session
2023 Utah Code › Title 17 - Counties › Chapter 19a - County Auditor › Part 2 - Powers and Duties › Section 206 - Performance audit services.

Effective 5/3/2023
17-19a-206.
Performance audit services.
(1) In a county of the first class, the county auditor shall conduct a performance audit:
(a) as the county auditor deems appropriate, taking into account:
(i) the standards of the profession;
(ii) the county auditor's professional judgment; and
(iii) the county auditor's assessment of risk and materiality; or
(b) as requested and engaged by the county legislative body or county executive, in accordance with the following:
(i) the county legislative body or county executive shall establish the goals and nature of the performance audit;
(ii) the county auditor shall conduct the audit in a manner consistent with the county auditor's professional judgment and statutory duties; and
(iii) the county legislative body or county executive and the county auditor shall agree upon the prioritization and timing of the performance audit, with terms that are consistent with the county auditor's statutory duties and available resources.
(2)
(a) In a county of the second through sixth class, the county auditor shall conduct a performance audit under the direction and supervision of the county legislative body or county executive.
(b) The county legislative body or county executive shall establish the goals and nature of a performance audit conducted under Subsection (2)(a).
(3) A performance audit conducted under this section may include an assessment of the following:
(a) the honesty and integrity of financial and other affairs;
(b) the accuracy and reliability of financial and management reports;
(c) the adequacy of financial controls to safeguard public funds;
(d) the management and staff adherence to statute, ordinance, policies, and legislative intent;
(e) the economy, efficiency, and effectiveness of operational performance;
(f) the accomplishment of intended objectives; and
(g) whether management, financial, and information systems are adequate and effective.
Amended by Chapter 178, 2023 General Session
2023 Utah Code › Title 17 - Counties › Chapter 19a - County Auditor › Part 2 - Powers and Duties › Section 207 - Management of financial records -- Disposal of records.

17-19a-207.
Management of financial records -- Disposal of records.
(1) A county auditor shall:
(a) maintain the books of the county in such a manner as will show the amount of receipts from and disbursement of a county office, department, division, or other county entity;
(b) keep accounts current with the county treasurer;
(c) preserve a document, book, record, or paper that the county legislative body requires the auditor to keep in the auditor's office; and
(d) make an item described in Subsection (1)(c) available for public inspection during office hours.
(2) The county auditor shall, in accordance with Title 63G, Chapter 2, Government Records Access and Management Act, remove from the auditor's files and destroy or otherwise dispose of:
(a) fee statements of a county officer;
(b) county warrants; and
(c) claims against the county.
Enacted by Chapter 17, 2012 General Session
2023 Utah Code › Title 17 - Counties › Chapter 19a - County Auditor › Part 2 - Powers and Duties › Section 208 - Reporting -- State treasurer -- County legislative body.

Effective 5/3/2023
17-19a-208.
Reporting -- State treasurer -- County legislative body.
(1) On or before the last day of each month, the county finance officer shall submit a report to the state treasurer regarding the collection, care, and disbursement of state money by the county during the preceding month.
(2) The county auditor and the county treasurer shall, as required by the county legislative body, make a joint report to the county executive and the county legislative body accounting for the financial condition of the county.
(3) If a county auditor determines that a county office, officer, department, division, court, or entity has not implemented a county auditor's prior recommendation in connection with a previous financial audit, performance audit, examination, or review, the county auditor shall notify the county legislative body that the entity has not implemented the recommendation.
Amended by Chapter 178, 2023 General Session
2023 Utah Code › Title 17 - Counties › Chapter 19a - County Auditor › Part 3 - Payments and Warrants › Section 301 - Payments and warrants.

17-19a-301.
Payments and warrants.
(1)
(a) Subject to Subsection (1)(b), if a debt or demand against a county is fixed by law, the debt or demand shall be paid by:
(i) subject to Subsection (2)(a), a warrant drawn by the county auditor or the county treasurer; or
(ii) subject to Subsection (2)(b), a check or other payment mechanism as may be adopted in accordance with Chapter 36, Uniform Fiscal Procedures Act for Counties.
(b) Subsection (1)(a) does not apply to a debt or demand against the county that is, in accordance with law, audited by another person or tribunal.
(2)
(a) The county auditor shall:
(i) distinctly specify on a warrant the liability for which the warrant is made and when the liability accrued; and
(ii) notify the county treasurer:
(A) as described in Subsection (3)(b), of the date, amount, payee of, and number assigned to a warrant; and
(B) of the aggregate amount of all contemporaneous payments by warrant.
(b) The county auditor shall notify the county treasurer and county executive:
(i) as described in Subsection (3)(b), of the amount and payee of all payments made by check or other payment mechanism;
(ii) as described in Subsection (3)(b), the date of and number assigned to a check or other payment mechanism; and
(iii) the aggregate amount of a contemporaneous payment.
(3)
(a) As used in this Subsection (3), "remuneration" means a warrant, check, or other payment mechanism.
(b) For a remuneration issued by the county auditor, the auditor shall:
(i) number each remuneration consecutively, commencing annually on the first day of January; and
(ii) state on the remuneration:
(A) the number of the remuneration;
(B) the date of payment;
(C) the amount of the payment made;
(D) the name of the person to whom payable; and
(E) the purpose for which the remuneration was made.
(4) The county auditor shall dispose of a payment not presented for collection in accordance with Title 67, Chapter 4a, Revised Uniform Unclaimed Property Act.
(5) The county legislative body may delegate by ordinance the processing of payments and warrants in accordance with Section 17-19a-205.
Enacted by Chapter 17, 2012 General Session
2023 Utah Code › Title 17 - Counties › Chapter 19a - County Auditor › Part 4 - Investigations › Section 401 - County auditor investigative powers -- Report of findings.

Effective 5/3/2023
17-19a-401.
County auditor investigative powers -- Report of findings.
(1)
(a) A county auditor:
(i) may conduct an investigation of an issue or action associated with or related to the auditor's statutory duties, including investigating a book or account of a county office, officer, department, division, court, or entity; and
(ii) may not conduct an investigation of an issue or action that is not associated with or related to the auditor's statutory duties.
(b) A county officer, employee, or other county administrative entity shall grant the county auditor complete and free access to a book requested by the county auditor in accordance with Subsection (1)(a)(i).
(c) A county auditor, with the assistance of the county or district attorney, may:
(i) administer an oath or affirmation; or
(ii) issue an administrative subpoena for a witness or document necessary to the performance of the auditor's statutory duties.
(2) If the county auditor, after a complete investigation, finds that a book or account of a county office, officer, department, division, court, or entity is not kept in accordance to law, or that an office, officer, department, division, court, or entity has made an incorrect or improper financial report, the county auditor shall prepare a report of the auditor's findings and submit a copy of the report to the county executive.
(3) If a county auditor, after a complete investigation, finds that a justice court judge has not kept a book or account according to law, or that the justice court judge has made an incorrect or improper financial report, the auditor shall prepare a report of the auditor's findings and submit a copy of the report to the state court administrator, the county executive, and the county legislative body.
Amended by Chapter 178, 2023 General Session
2023 Utah Code › Title 17 - Counties › Chapter 20 - County Clerk › Section 1 - County clerk -- District court clerk duties.

17-20-1.
County clerk -- District court clerk duties.
The county clerk is the clerk of the legislative body of the county. The clerk shall act as clerk of the district court in secondary counties of the state district court administrative system and those counties not in the system, and shall perform the duties listed in Section 78A-5-108.
Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 17 - Counties › Chapter 20 - County Clerk › Section 1.7 - Clerk's duties.

17-20-1.7.
Clerk's duties.
The clerk shall:
(1) record all proceedings of the county legislative body;
(2) make full entries of all resolutions and decisions of the county legislative body on all questions concerning the county;
(3) record the vote of each member on any question upon which there is a division;
(4) prepare and certify duplicate lists of all claims, showing the amount and date of each claim or order and the date of the allowance or rejection of the claim, which lists shall be countersigned by the county executive;
(5) deliver to and leave with the county auditor one of the lists referred to in Subsection (4) and deliver to and leave with the county treasurer the other list;
(6) file and preserve the reports of the county officers to the county legislative body;
(7) preserve and file all accounts acted upon by the county legislative body, except such as are necessarily kept by the auditor;
(8) preserve and file all petitions and applications for franchises, and record the action of the county legislative body on them;
(9) authenticate with the clerk's signature and the seal of the county the proceedings of the county legislative body if the proceedings are ordered published;
(10) authenticate with the clerk's signature and the seal of the county all ordinances or laws passed by the county legislative body, and record them at length in the ordinance book;
(11) record all orders levying taxes;
(12) keep at the clerk's office all county books, records, and accounts that the clerk is required by law to keep and keep them open at all times during regular business hours for public inspection; and
(13) perform all other duties required by law or by any rule or order of the county legislative body.
Renumbered and Amended by Chapter 133, 2000 General Session
2023 Utah Code › Title 17 - Counties › Chapter 20 - County Clerk › Section 3 - County clerk -- Record of notaries public.

17-20-3.
County clerk -- Record of notaries public.
The county clerk of each county receiving certifications of notaries public from the lieutenant governor shall keep and maintain an indexed record for that purpose, showing the names of all persons holding notarial commissions, with the dates of issuance and expiration.
Amended by Chapter 136, 2003 General Session
2023 Utah Code › Title 17 - Counties › Chapter 20 - County Clerk › Section 4 - Duties of county clerk.

Effective 5/12/2015
17-20-4.
Duties of county clerk.
A county clerk shall:
(1) establish policies to issue all marriage licenses and keep a register of marriages as provided by law;
(2) establish policies to ensure that the county clerk, or a designee of the county clerk who is willing, is available during business hours to solemnize a legal marriage for which a marriage license has been issued;
(3) execute under the clerk's seal and in the name of and for the county, all deeds and conveyances of all real estate conveyed by the county;
(4) take and certify acknowledgments and administer oaths;
(5) keep a fee book as provided by law; and
(6) take charge of and safely keep the seal of the county, and keep other records and perform other duties as may be prescribed by law.
Amended by Chapter 46, 2015 General Session
2023 Utah Code › Title 17 - Counties › Chapter 20 - County Clerk › Section 5 - Report of election and appointment of officers.

Effective 3/3/2022
17-20-5.
Report of election and appointment of officers.
Within 10 days after the day on which a county clerk issues a certificate of election or a certificate of appointment made to fill vacancies in elective county offices, the county clerk shall notify the lieutenant governor of the following:
(1) the name of the county;
(2) the name of the county office to which the individual was elected or appointed;
(3) the date of the election or appointment of the individual;
(4) the date of the expiration of the term for which the individual was elected or appointed;
(5) the date of the certificate of election or appointment; and
(6) the date of the qualification of the individual elected or appointed.
Amended by Chapter 18, 2022 General Session
2023 Utah Code › Title 17 - Counties › Chapter 21 - Recorder › Section 1 - Recorder -- Document custody responsibility -- Electronic submission procedures and guidelines.

Effective 5/3/2023
17-21-1.
Recorder -- Document custody responsibility -- Compliance with rules made by the County Recorder Standards Board -- Compliance with county appeal authority.
The county recorder:
(1) is custodian of all recorded documents and records required by law to be recorded;
(2) shall comply with rules made by the County Recorder Standards Board under Section 63C-30-202, including rules that govern:
(a) the protection of recorded documents and records in the county recorder's custody;
(b) the electronic submission of plats, records, and other documents to the county recorder's office;
(c) the protection of privacy interests in the case of documents and records in the county recorder's custody; and
(d) the formatting, recording, and redaction of documents and records in the county recorder's custody;
(3) shall comply with the appeal authority established by the county legislative body in accordance with Section 17-50-340; and
(4) may adopt policies and procedures governing the office of the county recorder that do not conflict with this chapter or rules made by the County Recorder Standards Board under Section 63C-30-202.
Amended by Chapter 413, 2023 General Session
2023 Utah Code › Title 17 - Counties › Chapter 21 - Recorder › Section 2 - Seal.

17-21-2.
Seal.
The county recorder shall have a seal, to be furnished by the county legislative body, the impression of which shall contain the following words: "State of Utah, County Recorder," together with the name of the county in which the same is to be used.
Amended by Chapter 227, 1993 General Session
2023 Utah Code › Title 17 - Counties › Chapter 21 - Recorder › Section 3 - Original documents or copies of original documents to be kept by the county.

17-21-3.
Original documents or copies of original documents to be kept by the county.
After accepting a document for recording, receiving the fees for recording it, and completing recording procedures, the recorder shall, only if required by statute, keep the original document or a copy of the original document as a public record in a form sufficient to meet the requirements of this chapter.
Amended by Chapter 85, 1999 General Session
2023 Utah Code › Title 17 - Counties › Chapter 21 - Recorder › Section 4 - Certified copies.

17-21-4.
Certified copies.
(1) The county recorder may make and furnish certified photographic copies of any of the records in the office to an interested person who pays the applicable fees and charges.
(2) The county recorder shall supply certified copies of any of the records to the county officer for the officer's official use without the payment of any fee.
Amended by Chapter 85, 1999 General Session
2023 Utah Code › Title 17 - Counties › Chapter 21 - Recorder › Section 9 - Indexing of deeds and other instruments.

17-21-9.
Indexing of deeds and other instruments.
Deeds and other instruments affecting real estate made by a United States marshal, a sheriff, master in chancery, special commissioner, executor, administrator, guardian, trustee, or other person acting in behalf of another shall be indexed in the name of the person whose land is sold or affected as grantor.
Amended by Chapter 85, 1999 General Session
2023 Utah Code › Title 17 - Counties › Chapter 21 - Recorder › Section 10 - Judgments affecting real estate.

17-21-10.
Judgments affecting real estate.
(1) A county recorder shall record for real property, any part of which is located in the county:
(a) a judgment affecting the real property;
(b) a release, assignment, renewal, or extension of a judgment lien affecting the real property; or
(c) a certified copy of a final judgment or decree partitioning or affecting the title or possession of the real property.
(2) A document recorded in accordance with this section is subject to the requirements of Section 57-3-106.
Amended by Chapter 88, 2011 General Session
2023 Utah Code › Title 17 - Counties › Chapter 21 - Recorder › Section 11 - Notice given by recording.

17-21-11.
Notice given by recording.
(1) Each certified copy from the time of recording gives notice to all persons of the contents of the recorded document.
(2) Subsequent purchasers, mortgagees, and lien holders purchase and encumber with the same notice and effect as if the certified copy was the original document.
Amended by Chapter 85, 1999 General Session
2023 Utah Code › Title 17 - Counties › Chapter 21 - Recorder › Section 12 - Recording procedures -- Endorsements of entry number required on documents.

17-21-12.
Recording procedures -- Endorsements of entry number required on documents.
(1) When a document is accepted by the recorder's office for recording, the recorder shall:
(a) endorse upon the first page of the document an entry number and the time when the document was accepted, noting the year, month, day, hour, and minute of its reception, and the amount of fees for recording it; and
(b) record the document during office hours in the order it was accepted.
(2) Each county recorder shall place an entry number or a book and page reference on each page of a document that the recorder accepts for recording only if the original document or a copy of the document is kept as a public record under Section 17-21-3.
(3)
(a) A county recorder may endorse each document that the recorder accepts for recording with a book and page reference.
(b) If a county recorder elects not to endorse a document with a book and page reference, the book and page reference may be omitted:
(i) in each index required by statute; and
(ii) on each document presented for recording that is required to recite recording data.
(4) Subject to Section 17-21-3, the county recorder shall return the document to the person that the recorder considers appropriate.
Amended by Chapter 97, 2008 General Session