Utah Code 17-50-405. County legislative body claim for expenses — County attorney’s opinion of legality

(1)

Each claim against the county presented by a member of the county legislative body for the member’s expenses shall:

Terms Used In Utah Code 17-50-405

Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:

(a)	the power and duty to carry laws and ordinances into effect and secure their due observance; and

(b)

those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101

Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:

(a)	the power and duty to enact ordinances, levy taxes, and establish budgets; and

(b)

those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101

State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5

Writing: includes :Utah Code 68-3-12.5

(a)

be itemized and verified as other claims;

(b)	state that the service has been actually rendered; and

(c)	be presented to the county attorney or, in a county that has a district attorney but not a county attorney, the district attorney.

(2)

(a)	The county or district attorney, as the case may be, shall endorse on the claim, in writing, the attorney’s opinion as to its legality.

(b)	If the attorney declares the claim illegal, the attorney shall state specifically the reasons why it is illegal, and the county executive shall reject the claim.

Renumbered and Amended by Chapter 133, 2000 General Session

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